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HomeMy WebLinkAbout02-01-2021 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) – Absent Rebecca Bryant (RB) – Present Harry Kohler (HK) – Present John Worsham (JW) – Present Lee Turner (LT) – Present Hollie MacKellar (HM) – Present Jason Langley (JL) – Present Clarice Hall-Black (CHB) – Absent Jimmy Conyers (JC) – Present SD 20.49 Havranek Place 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 a waiver request from the City of Fairhope Subdivision Regulations. The 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. Staff Recommendation Staff recommends APPROVAL of SD 20.49 with the following conditions: 1. Retention of the 15’ sidewalk easement depicted on the plat along County Road 13 and County Road 24. 2. A fire hydrant shall be installed within 450’ of each lot. If the existing water line cannot support a fire hydrant the water line must be upgraded to accommodate the fire hydrant. 3. Applicant shall have 180 days to install fire hydrant. 4. Plat will not be signed by staff until the fire hydrant is installed to the satisfaction of the water superintendent. Seth Moore was present on behalf of the applicant. Public Hearing No one was present to speak. Motion: Jimmy Conyers made a motion to accept the staff recommendation for APPROVAL of SD 20.49 with the following conditions: 1. Retention of the 15’ sidewalk easement depicted on the plat along County Road 13 and County Road 24. 2. A fire hydrant shall be installed within 450’ of each lot. If the existing water line cannot support a fire hydrant the water line must be upgraded to accommodate the fire hydrant. 3. Applicant shall have 180 days to install fire hydrant. 4. Plat will not be signed by staff until the fire hydrant is installed to the satisfaction of the water superintendent. 2nd: John Worsham 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Absent RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye SD 20.51 Walker Place Property Owner /Applicant: Linda Walker General Location: South side of Morphy Ave between Bishop Road and County Road (CR) 13, at 8800 Morphy Avenue Project Type: Minor Subdivision Number of lots: 2 - Lot 1 – 3.10 acres Lot 2 – 4.75 acres 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 a waiver request from the City of Fairhope Subdivision Regulations. The 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. Staff Recommendation Staff recommends approval of SD 20.51 with the following conditions: 1. Retention of the 15’ sidewalk easement depicted on the plat along Morphy Avenue. 2. A fire hydrant shall be installed within 450’ of each lot. If the existing water line cannot support a fire hydrant the water line must be upgraded to accommodate the fire hydrant. 3. Applicant shall have 180 days to install fire hydrant. 4. Plat will not be signed by staff until the fire hydrant is installed to the satisfaction of the water superintendent. Seth Moore was present on behalf of the applicant. Public Hearing No one was present to speak. Motion: Jimmy Conyers made a motion to accept the staff recommendation to APPROVE of SD 20.51 with the following conditions: 1. Retention of the 15’ sidewalk easement depicted on the plat along Morphy Avenue. 2. A fire hydrant shall be installed within 450’ of each lot. If the existing water line cannot support a fire hydrant the water line must be upgraded to accommodate the fire hydrant. 3. Applicant shall have 180 days to install fire hydrant. 4. Plat will not be signed by staff until the fire hydrant is installed to the satisfaction of the water superintendent. 2nd: John Worsham 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Absent RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye SD 20.52 Laurelbrooke Subdivision Property Owner /Applicant: Joanne L. Pizotti General Location: East side of AL HWY 181 approximately ½ mile north of County Road 24 Project Type: Preliminary Plat Project Acreage: 59.72 acres Zoning District: Unzoned (Baldwin County) PPIN Number: 34129 Engineer of record: Dewberry Engineers, Inc. School District: Newton Elementary, Fairhope Middle, Fairhope High Report prepared by: Samara Walley (City Planner) Comments: Public hearing to consider the request of Dewberry Engineers, Inc. on behalf of 68V Pay Dirt, LLC for preliminary plat approval of Laurelbrooke Subdivision, Phase One & Two, a 100-lot village subdivision. The village subdivision approval preceding preliminary plat approval was Case number SD 20.43, and was approved by the City of Fairhope Planning Commission on September 10, 2020. The subdivision approval includes 100 lots comprising 59.72 acres, resulting in an overall development density of 1.67 lots per acre. Recommendation: Staff recommends APPROVAL of case number SD. 20.52 Laurelbrooke Subdivision. The recommendation of approval includes the following assumptions and conditions: ASSUMPTIONS: 1) The village subdivision shall be limited to 100 single-family residential lots with a minimum lot size of 8,400 square feet. a. Setbacks shall comply with the Baldwin County Subdivision Regulations for unzoned property. i. Side setbacks are now listed as 10.5’. Staff defers approval of setbacks to Baldwin County and this review assumes the setbacks that will be listed on the final plat will reflect approval by Baldwin County. b. Lot coverage shall be restricted to 40% of the principle structure and 25% of the required rear yard for accessory structures. i. Reflected in the preliminary plat. c. Maximum building height of principle and accessory structures shall be 30 feet. d. Accessory structures must maintain a minimum 10’ separation from principle structures and must be located behind the rear building line of the principle structure. e. Accessory dwellings are prohibited. i. Reflected on preliminary plat in the form of a note. 2) Minimum greenspace shall be 15% of the entire property and shall otherwise comply with Article V Section “C” of the City of Fairhope Subdivision Regulations. 3) Minimum undisturbed space shall be 30%. 4) The lake shall be a minimum of 3.39 acres and shall not be counted toward greenspace calculations to emphasize the lake as a standalone amenity in addition to its use as a stormwater facility. i. Appendix “A” of the Village Subdivision approval depicts a water feature of 3.39 acres; however, the preliminary plat proposes a pond of 2.14 acres. Staff will provide a condition of approval for the Planning Commission to rule on the deviation from the Village Subdivision approval. b. The lake shall be stocked with fish as is typical for the Baldwin County climate with species selected by the applicant. i. Stocking of the pond will be verified at the time of final plat approval request. c. Lake side slopes shall not exceed 4:1 as required by Ordinance 1444. 5) Layout of the village subdivision shall otherwise be in substantial conformance with the drawing hereinafter referred to as Appendix “A”. a. Any statements on Appendix “A” to the effect of “need not be built” are null and void for the purposes of this approval. i. For the applicant’s information, this statement will be applicable to the preliminary plat and memorialized as a condition of approval and will also include the restriction of phrases such as “subject to change.” 6) Amenities listed as items “A” through “Q” on the drawings referred to hereinafter as Appendix “B” and “C” shall be furnished and installed in Phase 1 of the development prior to final plat approval. Appendix “B” and “C” represents the minimum quantities of amenities to be furnished. The preliminary plat application for Phase 1 shall include for approval by the Planning Commission: a. Dimensioned and fully-detail drawings and color renderings of all signage and wayfinding. i. Dimensioned drawings and color renderings for amenities have been provided. b. Dimensioned and fully-detailed drawings and color renderings of the pier, shade structure, fitness stations, benches, fire pits, mail kiosk, treehouse, and “cut sheets” of all site lighting light fixtures outside the public ROW. i. Dimensioned drawings and color renderings for amenities have been provided. c. Light fixtures within the public ROW shall be limited to 15’ tall. Submit a “cut sheet” for approval of the light fixtures and indicate the proposed color of the fixture. d. All street trees and sidewalks within each phase shall be installed prior to final plat application submission. i. For the applicant’s information. This requirement will be reviewed at the time of final plat request. e. Any statements on Appendix “B” and “C” to the effect of “need not be built” are null and void for the purposes of this approval. i. For the applicant’s information, this statement will be applicable to the preliminary plat and memorialized as a condition of approval to the drawings within the preliminary plat that represent Appendix “B” and “C” from the Village Subdivision approval and will also include the restriction of phrases such as “subject to change.” 7) As a pre-requisite to preliminary plat submission, the tree preservation plan and street tree plan, hereinafter referred to as appendices D,E,F, and G shall be reviewed and approved by the City of Fairhope Horticulturalist and/or tree committee, as applicable, for compliance with Ordinance 1444. a. Any and all revisions to appendices D,E,F, and G will be included in the preliminary plat approval application to memorialize their approval. b. Any statements to the effect of “need not be built” on appendices D,E,F, and G are null and void for the purposes of this approval. i. The revised drawings do not appear to contain this language however a condition of approval will also include the restriction of phrases such as “subject to change.” c. Subject property lies within the Police Jurisdiction of the City of Fairhope and thus Tree Ordinance (number 1444) is applicable. i. The revised Tree Preservation and Removal Plan, drawing TP100, that was submitted 11/25/2020 removes three heritage trees and the “island” on which they were located that were shown as preserved on drawing TP100 submitted with the original preliminary plat package on 10/21/2020. The 10/21/2020 submittal appeared to be in substantial conformance with Appendix “D” of the Village Subdivision approval. Staff will provide a condition of approval to allow the Planning Commission to rule upon this deviation from the Village Subdivision approval. d. Coordinate the mail kiosk parking area and all amenities depicted on appendices A,B and C so that they are reflected on appendices D,E,F, and G. 8) For the applicant’s information – subject property is located within the City of Fairhope Police Jurisdiction and as such the signage ordinance (number 1537) is applicable. a. Coordinate signage permit requestions with Kim Burmeister, Code Enforcement Officer. 9) The 30’ Emergency Fire Access shall be capable of being traversed by a 75,000 lb. GVWR vehicle. If this access is to be gated, emergency services access shall be reviewed and approved by the fire authority having jurisdiction during the preliminary plat process. a. Not addressed in the preliminary plat application. 10) Sidewalks are not depicted along AL HWY 181. The Planning Commission may wish to require sidewalks within a pedestrian easement on along the margin of Common Area 1 adjacent to the AL HWY 181 ROW. a. The Planning Commission did not address this item at the time of Village Subdivision approval. For the applicant’s information the Planning Commission may require sidewalks along SR 181 as a condition of approval of Case number SD 20.52. CONDITIONS: 1) Per the Water and Sewer Superintendent, the property in which the lift station is located shall be conveyed as a lot of record to the City. a. The lot shall be a minimum of 20’ x 30’. b. A 20’ wide road extending from the station to the road shall be provided. 2) The Village Subdivision approval depicts a water feature of 3.39 acres; however, the preliminary plat proposes a pond of 2.14 acres. Further, the revised Tree Preservation and Removal Plan, drawing TP100, that was submitted 11/25/2020 removes three heritage trees and the “island” on which they were located that were shown as preserved on drawing TP100 submitted with the original preliminary plat package on 10/21/2020. The 10/21/2020 submittal appeared to be in substantial conformance with Appendix “D” of the Village Subdivision approval. This is a deviation from the originally- approved Village Subdivision. Staff does not support this deviation from the original Village Subdivision. This condition approval is in place to allow the Planning Commission to rule on this department from the original Village Subdivision. 3) The Planning Commission did not address sidewalks at the time of Village Subdivision approval. The Planning Commission may wish to require sidewalks within a pedestrian easement on along the margin of Common Area 1 adjacent to the AL HWY 181 ROW. Justin Britt of Dewberry Engineers, Inc. was present. Public Hearing: No one was present to speak. Motion: Hollie MacKellar made a motion to accept the staff recommendation for APPROVAL of case number SD. 20.52 Laurelbrooke Subdivision. The recommendation of approval includes the following assumptions and conditions: ASSUMPTIONS: 1) The village subdivision shall be limited to 100 single-family residential lots with a minimum lot size of 8,400 square feet. a. Setbacks shall comply with the Baldwin County Subdivision Regulations for unzoned property. i. Side setbacks are now listed as 10.5’. Staff defers approval of setbacks to Baldwin County and this review assumes the setbacks that will be listed on the final plat will reflect approval by Baldwin County. b. Lot coverage shall be restricted to 40% of the principle structure and 25% of the required rear yard for accessory structures. i. Reflected in the preliminary plat. c. Maximum building height of principle and accessory structures shall be 30 feet. d. Accessory structures must maintain a minimum 10’ separation from principle structures and must be located behind the rear building line of the principle structure. e. Accessory dwellings are prohibited. i. Reflected on preliminary plat in the form of a note. 2) Minimum greenspace shall be 15% of the entire property and shall otherwise comply with Article V Section “C” of the City of Fairhope Subdivision Regulations. 3) Minimum undisturbed space shall be 30%. 4) The lake shall be a minimum of 3.39 acres and shall not be counted toward greenspace calculations to emphasize the lake as a standalone amenity in addition to its use as a stormwater facility. i. Appendix “A” of the Village Subdivision approval depicts a water feature of 3.39 acres; however, the preliminary plat proposes a pond of 2.14 acres. Staff will provide a condition of approval for the Planning Commission to rule on the deviation from the Village Subdivision approval. b. The lake shall be stocked with fish as is typical for the Baldwin County climate with species selected by the applicant. i. Stocking of the pond will be verified at the time of final plat approval request. c. Lake side slopes shall not exceed 4:1 as required by Ordinance 1444. 5) Layout of the village subdivision shall otherwise be in substantial conformance with the drawing hereinafter referred to as Appendix “A”. a. Any statements on Appendix “A” to the effect of “need not be built” are null and void for the purposes of this approval. i. For the applicant’s information, this statement will be applicable to the preliminary plat and memorialized as a condition of approval and will also include the restriction of phrases such as “subject to change.” 6) Amenities listed as items “A” through “Q” on the drawings referred to hereinafter as Appendix “B” and “C” shall be furnished and installed in Phase 1 of the development prior to final plat approval. Appendix “B” and “C” represents the minimum quantities of amenities to be furnished. The preliminary plat application for Phase 1 shall include for approval by the Planning Commission: a. Dimensioned and fully-detail drawings and color renderings of all signage and wayfinding. i. Dimensioned drawings and color renderings for amenities have been provided. b. Dimensioned and fully-detailed drawings and color renderings of the pier, shade structure, fitness stations, benches, fire pits, mail kiosk, treehouse, and “cut sheets” of all site lighting light fixtures outside the public ROW. i. Dimensioned drawings and color renderings for amenities have been provided. c. Light fixtures within the public ROW shall be limited to 15’ tall. Submit a “cut sheet” for approval of the light fixtures and indicate the proposed color of the fixture. d. All street trees and sidewalks within each phase shall be installed prior to final plat application submission. i. For the applicant’s information. This requirement will be reviewed at the time of final plat request. e. Any statements on Appendix “B” and “C” to the effect of “need not be built” are null and void for the purposes of this approval. i. For the applicant’s information, this statement will be applicable to the preliminary plat and memorialized as a condition of approval to the drawings within the preliminary plat that represent Appendix “B” and “C” from the Village Subdivision approval and will also include the restriction of phrases such as “subject to change.” 7) As a pre-requisite to preliminary plat submission, the tree preservation plan and street tree plan, hereinafter referred to as appendices D,E,F, and G shall be reviewed and approved by the City of Fairhope Horticulturalist and/or tree committee, as applicable, for compliance with Ordinance 1444. a. Any and all revisions to appendices D,E,F, and G will be included in the preliminary plat approval application to memorialize their approval. b. Any statements to the effect of “need not be built” on appendices D,E,F, and G are null and void for the purposes of this approval. i. The revised drawings do not appear to contain this language however a condition of approval will also include the restriction of phrases such as “subject to change.” c. Subject property lies within the Police Jurisdiction of the City of Fairhope and thus Tree Ordinance (number 1444) is applicable. i. The revised Tree Preservation and Removal Plan, drawing TP100, that was submitted 11/25/2020 removes three heritage trees and the “island” on which they were located that were shown as preserved on drawing TP100 submitted with the original preliminary plat package on 10/21/2020. The 10/21/2020 submittal appeared to be in substantial conformance with Appendix “D” of the Village Subdivision approval. Staff will provide a condition of approval to allow the Planning Commission to rule upon this deviation from the Village Subdivision approval. d. Coordinate the mail kiosk parking area and all amenities depicted on appendices A,B and C so that they are reflected on appendices D,E,F, and G. 8) For the applicant’s information – subject property is located within the City of Fairhope Police Jurisdiction and as such the signage ordinance (number 1537) is applicable. a. Coordinate signage permit requestions with Kim Burmeister, Code Enforcement Officer. 9) The 30’ Emergency Fire Access shall be capable of being traversed by a 75,000 lb. GVWR vehicle. If this access is to be gated, emergency services access shall be reviewed and approved by the fire authority having jurisdiction during the preliminary plat process. a. Not addressed in the preliminary plat application. 10) Sidewalks are not depicted along AL HWY 181. The Planning Commission may wish to require sidewalks within a pedestrian easement on along the margin of Common Area 1 adjacent to the AL HWY 181 ROW. a. The Planning Commission did not address this item at the time of Village Subdivision approval. For the applicant’s information the Planning Commission may require sidewalks along SR 181 as a condition of approval of Case number SD 20.52. CONDITIONS: 1) Per the Water and Sewer Superintendent, the property in which the lift station is located shall be conveyed as a lot of record to the City. a. The lot shall be a minimum of 20’ x 30’. b. A 20’ wide road extending from the station to the road shall be provided. 2) The deviation from the originally-approved Village Subdivision to allow the water feature of 3.39 acres be reduced to a pond of 2.14 acres to preserve the 75” heritage tree located on the west side of the pond. 3) Sidewalks shall be built along State Highway 181. 2nd: John Worsham 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Absent RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye John Worsham recused himself from case SD 20.53 and SR 20.04 due to a conflict of interest. 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: S.E. 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. The property is zoned B-2 General Business District in the Central Business District. The applicant is proposing 7 residential units and 3 commercial units. The proposed building is 2-stories with a maximum building height of 40’. Staff Recommendation: Staff recommends APPROVAL contingent upon the following condition: 1. The approval of Site Plan Review case SR 20.04. Vance McCown and Larry Smith were present. Public Hearing: No one was present to speak. Motion: Jimmy Conyers made a motion to accept the staff recommendation for APPROVAL contingent upon the following condition: 1. The approval of Site Plan Review case SR 20.04. 2nd: Rebecca Bryant 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Absent RB – Aye HK – Aye JW – Abstain LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye 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: Multiple Occupancy Project Number of Units: 10 Project Acreage: .51+/- Zoning District: B-2 inside Central Business District PPIN Number: 15164 Engineer of record: S.E. 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 (7) residential units and two (3) commercial units. Staff Recommendation: Staff recommends this application be denied for the following reasons: 1. The proposed removal of three ROW trees by applicant or arborists report along Church St. and trimming of other ROW trees contradicts the City’s efforts to protect the existing tree’s left as stated in MEMO by Fairhope’s Public Works Director. 2. The proposed parking adjacent to Church St. conflicts with the Fairhope’s Zoning Ordinance and is a safety hazard. 3. By eliminating the parking, the removal of one ROW tree is not needed. Vance McCown and Larry Smith were present. Motion: Jimmy Conyers made a motion to APPROVE contingent upon the following conditions: 1. The Board of Adjustment granting a variance to the sidewalk requirements in the Central Business District along Church Street. 2. The Board of Adjustment granting a variance to the parking requirements in the Central Business District along Church Street. 3. Tree mitigation shall be required for removal of trees within the right-of-way. 2nd: Hollie MacKellar 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Absent RB – Aye HK – Aye JW – Abstain LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye SD 21.03 Carmel Park Flats Property Owner /Applicant: FST, Mathew Malone/68V Paydirt General Location: Southwest corner of intersection of CR 44 and Thompson Hall Rd Project Type: Multiple Occupancy Project Number of Units: 242 Project Acreage: 20.24+/- Zoning District: Unzoned PPIN Number: 14962 & 254668 Engineer of record: S.E. Civil, LLC - Larry Smith, PE School District: Fairhope West, Middle, and High School Report prepared by: Mike Jeffries Comments: This application is for a 242 unit Multiple Occupancy Project located on the southwest corner of intersection of CR 44 and Thompson Hall Rd. The property is approximately 20.24 acres and is located in unzoned Baldwin County. Staff Recommendation: Approve with the following conditions: 1. A letter confirming all onsite sewer is to remain privately maintained and is not the responsibility of the City of Fairhope or Baldwin County signed by the development owner. 2. A note added on the recorded site plan “All sewer infrastructure within the property boundary is to remain private and is not the responsibility of the City of Fairhope nor Baldwin County.” 3. All traffic improvements shall be installed before application for Final MOP approval. 4. A replat combining the two lots. 5. Sidewalks added along property along CR 44. Larry Smith was present on behalf of the applicant. Public Hearing: Morgan Ashurst of Ashurst Niemeyer Real Estate – He said he is representing the sellers and they were excited to have a local and proven developer doing this project. He noted there is a demand for apartments and this site was suitable due to being unzoned. Richard Johnson of Phelps Dunbar, LLP – He said he is representing Fairhope Quality of Life, LLC and requested case be tabled for further traffic analysis. He stated the submitted traffic studies are not adequate and misleading. He also noted concerns with the sewer infrastructure and capacity. Richard Davis of 27180 Pollard Road – He stated he is representing the applicant and questioned the Commission’s authority to hear this case. Bob Visser of 18887 Summer Oaks – He stated concerns with traffic and speeding on Twin Beech Road. Jim Laura of 574 Theakston Street – He questioned the completeness of the submitted traffic study. Danny Calhoun – He stated there is a petition with over 1,200 signatures in opposition to this request. He noted concerns with density, incompatibility with surrounding properties, traffic, noise, and lighting. Clay Calhoun of 18850 Summer Oaks – He stated concerns with traffic and sewer capacity. Chad Yarbrough of 19117 Fairfield Drive – He stated concerns with traffic. James Jewell of 822 Summer Lake Street – He stated concerns with traffic and sewer capacity. Tim Lazaris of 740 Cheswick Avenue - He stated concerns with traffic, safety and sewer capacity. Richard Moore of 9150 Twin Beech Road – He requested the application be tabled for a new traffic study to accurately reflect the traffic situation. Michael Regan, Summer Oaks property owner – He stated concerns with aesthetics. Motion: Clarice Hall-Blace made a motion to TABLE the request to allow a traffic study to be conducted during peak school hours. 2nd: Hollie MacKellar 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Absent RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye ZC 21.01 Overland Property Owner: Roberta U. Harris, Stephen J. Urbanek II, & Margaret U. Dunnam Applicant: 68v Pay Dirt, LLC General Location: The southeast corner of the intersection of County Road 48 and Blueberry Lane Project Type: Conditional Annexation to PUD Zoning District: ETJ Parent Parcel PPIN Number: 43640 Engineer of record: S.E Civil, LLC School District: Fairhope East Elementary, Fairhope Middle, Fairhope High School Report prepared by: Carla Davis Recommendation: Approved with conditions Comments The applicant is requesting an initial zoning of PUD (Planned Unit Development) conditional upon annexation. The property is approximately 30.7 acres and is located at the at the southeast corner of the intersection of County Road 48 and Blueberry Lane, to be known as Overland. The applicant describes the project as a “age-targeted community” for citizens 55 years of age and older; however, they do not plan to restrict buyers under the age of 55. The project consists of 61 Single-Family lots and 16 Townhome Apartments. As proposed, the single-family portion will be accessed by standard streets that will be dedicated to The City of Fairhope. The applicant is proposing 7 different housing layouts with maximum lot coverage of the principal structure not to exceed 45%. The maximum building height will be 30 feet. The minimum house size will be 1,600 square feet with the smallest lot being 6,500 square feet. The 16-unit townhomes will be a minimum of 1,200 square feet each. The maximum building height will be 35 feet. The proposed density for this project is roughly 2.51 units per acre. Most of the lots will be 6,500 square feet, with the largest lot being 11,388 square feet. As proposed, lots will be roughly 50’ wide and 130’ in length. The average lot is 7, 087 square feet with 25’ front and rear yard setbacks, and 5’ side yard setback except where there is a corner lot which will be a 20’ side street setback. The development will utilize City of Fairhope water, sewer and gas services; Baldwin EMC for electrical service; and AT &T for the telephone service. A preliminary utility plan has also been submitted for review. An unsigned copy of the Declaration of Covenants is included within the Master Development Plan. The covenants state all sidewalks are to be built by each owner on their lot. Sidewalks are shown within the ROW. Subdivision regulations require sidewalks and street trees to be installed prior to applying for Final Plat approval. Covenants do not override zoning code or subdivision requirements, but in an effort to avoid confusion, staff is memorializing when sidewalks and street shall be installed via a condition of approval. Recommendation: Staff recommends Case # ZC 21.01 Overland PUD amendment for PPIN 43640 be APPROVED with the following condition: 1. All sidewalks and street trees shall be installed prior to submission of Final Plat Approval, including sidewalk along Fairhope Avenue. David Diehl of S.E. Civil, LLC was present on behalf of the applicant. Public Hearing: No one was present to speak. Motion: Jimmy Conyers made a motion to accept the staff recommendation to be APPROVED with the following condition: 1. All sidewalks and street trees shall be installed prior to submission of Final Plat Approval, including sidewalk along Fairhope Avenue. 2nd: John Worsham 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Absent RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye SD 21.09 Publix at Point Clear Property Owner /Applicant: R.W. Battles, LLC (Mr. Ray W. Roark, II) General Location: West side of US HWY 98 (Greeno Road) at the northwest intersection of Greeno Road and County Road 34 (Old Battles Road) Project Type: Multiple Occupancy Project (MOP) Number of units: 16 total Zoning District: Unzoned Baldwin County within County Planning District 17 Parent Parcel PPIN Numbers: 17515, 46100, 50383, 80662, 80862, 114983, 227062, 227063, 237193, and 308151 31753 (pending recording of re-plat) Engineer of record: Jade Consulting, Inc. (Mr. Trey Jinright, PE, LEED AP) School District: Fairhope West Elementary School, Fairhope Middle and High Schools Report prepared by: Buford King Recommendation: Staff recommends preliminary APPROVAL of case number SD. 21.09 Publix at Point Clear Multiple Occupancy Project. The recommendation of approval includes the following assumptions and conditions: ASSUMPTIONS 1) Though subject application is an MOP and not a traditional subdivision, a final approval process similar to that of a traditional subdivision final “plat” approval shall be required for any improvements to be dedicated to the City of Fairhope. a. All utilities to be dedicated to the City of Fairhope shall be installed to the satisfaction of the City of Fairhope Water and Sewer Superintendent, and a maintenance bond shall be submitted at the time of final plat application. b. As-built drawings, recorded stormwater O&M Plan and Agreement, inspection videos, and all testing requirements of the subdivision regulations shall be submitted with the final approval request. c. Copies of the recorded offsite drainage and utility easements as well as a copy of the recorded re-plat of the various lots/units shall be submitted with the request for final approval. 2) Vertical construction of buildings may occur concurrently with installation of improvements; however, the City of Fairhope Horticulturalist may preclude final certificate of occupancy (CO) of any buildings pending completion of all landscape and greenspace elements included in the landscape plans dated January 12, 2021. 3) All sidewalks on or within lot 5, lot 7, and lot 9 as well as interior sidewalks on or within lots 2, 3, and 4 shall be installed prior to final CO of the anchor store included on lot 5. The pending replat of the various lots within the development includes a 10’ wide sidewalk easement along the margin of the ROW for lots 1-4, 6, and 8 for future sidewalk installation. 4) Installation of the roadway improvements along US HWY 98 (Greeno Road) and CR34 (Old Battles Road) shall be complete prior to final CO of the anchor store unit within Lot 5. 5) The proposed stormwater drainage system includes the following features: a. Downstream adverse effects are not expected. b. The drainage system complies with the 10% rule. c. A wet pond with littoral shelf is the LID technique for this development, which provides 80% total suspended solid (TSS) removal. d. Post-development flows are less than or equal to pre-development flows and the drainage system is designed for 2,5,10,25,50 and 100 year storm events. e. The retention pond outlet structure includes an energy-dissipating headwall. f. Staff memorializes the hold harmless provisions of Article VI, Section E.1-2. 6) Subject property lies within the Police Jurisdiction of the City of Fairhope and thus The City of Fairhope Sign Ordinance approval process shall be followed as required by Ordinance number 1537 for any signage to be installed by the development. 7) Subject property lies within the Police Jurisdiction of the City of Fairhope and thus The City of Fairhope Tree Ordinance approval process is applicable. The City of Fairhope Horticulturalist has reviewed and approved the landscape plans dated 1/12/2021. 8) An NPDES permit shall be obtained from ADEM prior to any land disturbing activities. A copy of the NPDES permit shall be included in the final approval application. a. The NDPES permit process was initiated at the time of MOP submission and a copy of the application was included in the MOP request. 9) The streets within the development are not proposed for dedication to the City of Fairhope or Baldwin County. 10) Memorialize greenspace for the entire development is reflected upon lot “5” in three greenspace areas: (1) west of lot 9, (2) the 30% allowance for a wet basin, and (3) the southern portion of lot 5 between lots 6 and 8. 11) Additional MOP applications will be required for any development of three or more units on lots 1-4, 7, and 9, and any additional units above and beyond the 16 units on lot 5 contemplated by subject application. Future development intentions of lots 6 and 8 is unknown. 12) No waivers from the City of Fairhope Subdivision Regulations have been requested. CONDITIONS OF APPROVAL 1) Memorialize the aid-to-construction cost for this project payable to the City of Fairhope is $92,451.34 or as amended by the Fairhope Public Utilities Superintendent of Utilities. Trey Jinright of JADE Consulting, LLC was present on behalf of the applicant. Public Hearing: No one was present to speak. Motion: Jimmy Conyers made a motion to accept the staff recommendation for preliminary APPROVAL of case number SD. 21.09 Publix at Point Clear Multiple Occupancy Project. The recommendation of approval includes the following assumptions and conditions: ASSUMPTIONS 1) Though subject application is an MOP and not a traditional subdivision, a final approval process similar to that of a traditional subdivision final “plat” approval shall be required for any improvements to be dedicated to the City of Fairhope. a. All utilities to be dedicated to the City of Fairhope shall be installed to the satisfaction of the City of Fairhope Water and Sewer Superintendent, and a maintenance bond shall be submitted at the time of final plat application. b. As-built drawings, recorded stormwater O&M Plan and Agreement, inspection videos, and all testing requirements of the subdivision regulations shall be submitted with the final approval request. c. Copies of the recorded offsite drainage and utility easements as well as a copy of the recorded re-plat of the various lots/units shall be submitted with the request for final approval. 2) Vertical construction of buildings may occur concurrently with installation of improvements; however, the City of Fairhope Horticulturalist may preclude final certificate of occupancy (CO) of any buildings pending completion of all landscape and greenspace elements included in the landscape plans dated January 12, 2021. 3) All sidewalks on or within lot 5, lot 7, and lot 9 as well as interior sidewalks on or within lots 2, 3, and 4 shall be installed prior to final CO of the anchor store included on lot 5. The pending replat of the various lots within the development includes a 10’ wide sidewalk easement along the margin of the ROW for lots 1-4, 6, and 8 for future sidewalk installation. 4) Installation of the roadway improvements along US HWY 98 (Greeno Road) and CR34 (Old Battles Road) shall be complete prior to final CO of the anchor store unit within Lot 5. 5) The proposed stormwater drainage system includes the following features: a. Downstream adverse effects are not expected. b. The drainage system complies with the 10% rule. c. A wet pond with littoral shelf is the LID technique for this development, which provides 80% total suspended solid (TSS) removal. d. Post-development flows are less than or equal to pre-development flows and the drainage system is designed for 2,5,10,25,50 and 100 year storm events. e. The retention pond outlet structure includes an energy-dissipating headwall. f. Staff memorializes the hold harmless provisions of Article VI, Section E.1-2. 6) Subject property lies within the Police Jurisdiction of the City of Fairhope and thus The City of Fairhope Sign Ordinance approval process shall be followed as required by Ordinance number 1537 for any signage to be installed by the development. 7) Subject property lies within the Police Jurisdiction of the City of Fairhope and thus The City of Fairhope Tree Ordinance approval process is applicable. The City of Fairhope Horticulturalist has reviewed and approved the landscape plans dated 1/12/2021. 8) An NPDES permit shall be obtained from ADEM prior to any land disturbing activities. A copy of the NPDES permit shall be included in the final approval application. a. The NDPES permit process was initiated at the time of MOP submission and a copy of the application was included in the MOP request. 9) The streets within the development are not proposed for dedication to the City of Fairhope or Baldwin County. 10) Memorialize greenspace for the entire development is reflected upon lot “5” in three greenspace areas: (1) west of lot 9, (2) the 30% allowance for a wet basin, and (3) the southern portion of lot 5 between lots 6 and 8. 11) Additional MOP applications will be required for any development of three or more units on lots 1-4, 7, and 9, and any additional units above and beyond the 16 units on lot 5 contemplated by subject application. Future development intentions of lots 6 and 8 is unknown. 12) No waivers from the City of Fairhope Subdivision Regulations have been requested. CONDITIONS OF APPROVAL 1) Memorialize the aid-to-construction cost for this project payable to the City of Fairhope is $92,451.34 or as amended by the Fairhope Public Utilities Superintendent of Utilities. 2nd: Rebecca Bryant 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Absent RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye SD 21.07 Fairhope Falls, Phase 4 Property Owner /Applicant: Fairhope Falls Owners Association Inc, TH Fairhope Falls 2018 LLC, and Leonard and Sharon Smart General Location: East side of Langford Road across from Bridalwood Lane Project Type: Major Subdivision Number of Lots: 37 Project Acreage: 30.98+/- Zoning District: Unzoned PPIN Number: 96893, 310029, 350184, 382511 Engineer of record: Dewberry Engineers School District: Fairhope East, Middle, and High School Report prepared by: Mike Jeffries Comments: Drainage has been reviewed and approved by City of Fairhope’s Public Works Director, Richard Johnson, P.E. The drainage is handled on site and directed to existing ponds that outfall to each other located on the east side of the property. The water then eventually enters the wetlands to the south and off site. A small portion of water runoff will sheet flow to the open ditch in the ROW on the east side of Langford Road. The ponds as wet basins achieve the required 80% TSS removal. The applicant has received the proper wetland permits to combine a small non-jurisdictional wetland to a larger wetland pond. o Wetland buffer signs must be in place prior to any land disturbance activities. The proposed lot sizes and layout are consistent with the approved Village Subdivision and with minimum lot size of 10, 673 SF. A traffic study was provided for that included the remaining phases 4-9 encompassing 391 lots. The study recommended improvements for the intersection of Langford Road and SR 104 be widened to accommodate northbound left turn lane, an eastbound right turn lane, and a westbound left turn lane. These improvements shall be installed before application for Final Plat. Staff Recommendation: APPROVE with the following conditions: 1. A replat satisfying condition 1 of approval for SD 20.47 Fairhope Falls West Village Subdivision. 2. Recommended traffic improvements as stated in staff report are installed prior to acceptance of application for final plat. Any deviation will require reapproval from the Planning Commission. 3. Pool amenity is installed prior to acceptance of application for final plat. John Avent of Terracore was present on behalf of the applicant. Public Hearing: Ken Ankrom of 21503-A Langford Road – He submitted a letter of concerns which included traffic, drainage, jurisdiction, lighting, and safety. Melanie Johnson of 117443 Alabaster Drive – She stated concerns with traffic, drainage, street improvements, and aesthetics. Motion: John Worsham made a motion to accept the staff recommendation to APPROVE with the following conditions: 1. A replat satisfying condition 1 of approval for SD 20.47 Fairhope Falls West Village Subdivision. 2. Recommended traffic improvements as stated in staff report are installed prior to acceptance of application for final plat. Any deviation will require reapproval from the Planning Commission. 3. Pool amenity is installed prior to acceptance of application for final plat. 2nd: Harry Kohler 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Absent RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye SD 21.08 Fairhope Falls, Phase 5 Property Owner /Applicant: Fairhope Falls Owners Association Inc, TH Fairhope Falls 2018 LLC, and Leonard and Sharon Smart General Location: East side of Langford Road across from Bridalwood Lane on the north side of proposed Fairhope Falls Ph4 Project Type: Major Subdivision Number of Lots: 68 Project Acreage: 25.75+/- Zoning District: Unzoned PPIN Number: 96893 Engineer of record: Dewberry Engineers School District: Fairhope East, Middle, and High School Report prepared by: Mike Jeffries Comments: Drainage has been reviewed and approved by City of Fairhope’s Public Works Director, Richard Johnson, P.E. The drainage is handled on site and directed to existing ponds that outfall to each other located on the east side of the property. The water then eventually enters the wetlands to the south and off site. A small portion of water runoff will sheet flow to the open ditch in the ROW on the east side of Langford Road. The ponds as wet basins achieve the required 80% TSS removal. The applicant has received the proper wetland permits to combine a small non-jurisdictional wetland to a larger wetland pond. o Wetland buffer signs must be in place prior to any land disturbance activities. The proposed lot sizes and layout are consistent with the approved Village Subdivision and with minimum lot size of 7,800 SF. A part of the green space plan for phase 5 and shown on the approved Village Plan is an open space park with benches. Landscape plans also show a buffer along Langford Road consisting of a 6’ high wooden privacy fence and evergreen hedge. A traffic study was provided for that included the remaining phases 4-9 encompassing 391 lots. The study recommended improvements for the intersection of Langford Road and SR 104 be widened to accommodate northbound left turn lane, an eastbound right turn lane, and a westbound left turn lane. These improvements shall be installed before application for Final Plat. Staff Recommendation: APPROVE with the following conditions: 1. A replat satisfying condition 1 of approval for SD 20.47 Fairhope Falls West Village Subdivision. 2. Recommended traffic improvements as stated in staff report are installed prior to acceptance of application for final plat. Any deviation will require reapproval from the Planning Commission. 3. Open space park is installed as designed prior to acceptance of application for final plat. John Avent of Terracore was present on behalf of the applicant. Public Hearing: Ken Ankrom of 21503-A Langford Road – He submitted a letter of concerns which included traffic, drainage, jurisdiction, lighting, and safety. He also noted sidewalks, street trees and aesthetics. Motion: John Worsham made a motion to accept the staff recommendation to APPROVE with the following conditions: 1. A replat satisfying condition 1 of approval for SD 20.47 Fairhope Falls West Village Subdivision. 2. Recommended traffic improvements as stated in staff report are installed prior to acceptance of application for final plat. Any deviation will require reapproval from the Planning Commission. 3. Open space park is installed as designed prior to acceptance of application for final plat. 2nd: Jimmy Conyers 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Absent RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye SD 21.10 Magnolia Mixed Use Property Owner: FST Wise Properties-TN, LLC Applicant: FST Wise Properties-TN, LLC and S.E Civil General Location: The north side of Magnolia Avenue just east of Church Street. Project Type: Municipal Occupancy Project (MOP) Zoning District: B-2 General Business District Parent Parcel PPIN Number: 254510 and 343620 Engineer of record: S.E Civil School District: Fairhope West Elementary, Fairhope Middle, Fairhope High School Report prepared by: Carla Davis Recommendation: Approved with conditions Comments: Public hearing to consider the request of FST Wise Properties-TN, LLC for Site Plan review approval of Magnolia Mixed Use, an 18-unit multiple occupancy project. The subject property is zoned B-2 General Business District and approximately .31 acres (13,288 square feet). The property is located on the north side of Magnolia Avenue just east of Church Street. A MOP case was submitted simultaneously with this Site Plan application. Consequently, staff report for the MOP and the Site Plan Review will be similar. The applicant proposes a 3-story mixed-use building. As proposed, the ground floor consist of two office spaces and a parking garage with 16 parking spaces (6 of which are compact spaces). One commercial unit is 525 sf and the other unit is 2080 sf, thus providing 23.3% commercial space on the ground floor. Use for the two commercial spaces was not provided but will be available for future rental space. The second and third floor plans are identical, consisting of 8 residential units and 1 common commercial space on each floor for a total of 16 residential units and 2 commercial units. Each of the commercial units are 1850 sf. Along with the commercial space on the ground floor, there is a total of 6,350 sf commercial space proposed. 12 of the residential units are 1BR and 4 are 2BR. The applicant stated all units will be long-term rentals and will not be short-term rentals. The applicant proposes the building built to the front and rear property lines and will provide an 8’ sidewalk within the ROW that includes two tree wells planted with Chinese Pastiche trees. There are currently four parallel parking spaces within the ROW. Two of those space will need to be removed to allow ingress/egress, leaving to spaces per applicant comments. There is approximately 5’ between either side of the building and the side property lines. Drainage, as well as most utilities are provided within the 5’ spaces. Balconies are proposed that project over City sidewalks. A hold-harmless agreement is provided as required by the City. Garbage will be collected in 10 individual garbage bins stored within the parking garage. The property owner has a management team that will be responsible for taking out the trash cans and returning them. While the proposed project does not provide 50% of the ground floor as commercial space, they have made significant efforts to meet the spirit of the requirement. With a total of 11,160 sf on the ground floor, a 50% requirement would result in 5,580 sf commercial space needed. The proposed project provides 2,650 sf commercial on the ground floor and 1,850 sf on the second and third floors for a total of 6,304 sf. The site will be serviced by Fairhope Utilities for electric, gas, water, and sewer. AT&T will be the telephone provider. Drainage is connecting to an existing stormwater conveyance system. It should be noted, an administrative replat will be required prior to issuance of a building permit to combine the two lots into one. Recommendation: Staff recommends APPROVAL of case SD 21.10 with the following conditions: 1. Approval of the Site Plan review case (SR 21.01) by City Council. 2. Sidewalks, curbing, and striping shall be coordinated with Public Works prior to installation. Larry Smith of S.E. Civil, LLC was present on behalf of the applicant. Public Hearing: Michael Shipper of 52 N. Church Street – He noted concerns with density, greenspace, and cohesiveness with surrounding area. He requested the case be tabled for further review. Mike Dobson of 311 Magnolia Avenue – He stated concerns with traffic, aesthetics, parking, and the inconsistency of the plans. Doug Kennedy of 308 Magnolia Avenue – He stated concerns with traffic, parking, and the concept in general. Blake Barnes of 522 Equality Avenue – He asked for further information regarding the Live/Work units and traffic study. He noted concerns with the lack of amenities for residents, parking, and actual use of units. Motion: Rebecca Bryant made a motion to TABLE the request to allow the applicant to respond to concerns regarding traffic, parking, live/work unit definitions, and garbage collection. 2nd: Hollie MacKellar 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Absent RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye SR 21.01 Magnolia Mixed Use Property Owner: FST Wise Properties-TN, LLC Applicant: FST Wise Properties-TN, LLC and S.E Civil General Location: The north side of Magnolia Avenue just east of Church Street. Project Type: Site Plan Review Zoning District: B-2 General Business District Parent Parcel PPIN Number: 254510 and 343620 Engineer of record: S.E Civil School District: Fairhope West Elementary, Fairhope Middle, Fairhope High School Report prepared by: Hunter Simmons Comments: Public hearing to consider the request of FST Wise Properties-TN, LLC for Site Plan review approval of Magnolia Mixed Use, a 18-unit multiple occupancy project. The subject property is zoned B-2 General Business District and approximately .31 acres (13,288 square feet). The property is located on the north side of Magnolia Avenue just east of Church Street. A MOP case was submitted simultaneously with this Site Plan application. Consequently, staff report for the MOP and the Site Plan Review will be similar. The applicant proposes a 3-story mixed-use building. As proposed, the ground floor consist of two office spaces and a parking garage with 16 parking spaces (6 of which are compact spaces). One commercial unit is 525 sf and the other unit is 2080 sf, thus providing 23.3% commercial space on the ground floor. Use for the two commercial spaces was not provided but will be available for future rental space. The second and third floor plans are identical, consisting of 8 residential units and 1 common commercial space on each floor for a total of 16 residential units and 2 commercial units. Each of the commercial units are 1850 sf. Along with the commercial space on the ground floor, there is a total of 6,350 sf commercial space proposed. 12 of the residential units are 1BR and 4 are 2BR. The applicant stated all units will be long-term rentals and will not be short-term rentals. Materials primarily consist of brick and stucco. Materials are illustrated on included elevations. Plans also illustrate a building height, including parapet wall, of 40’ and appear to be measured from the from the midpoint of the front façade to the top of the roof. The applicant proposes the building built to the front and rear property lines and will provide an 8’ sidewalk within the ROW that includes two tree wells planted with Chinese Pastiche trees. There are currently four parallel parking spaces within the ROW. Two of those space will need to be removed to allow ingress/egress, leaving to spaces per applicant comments. There is approximately 5’ between either side of the building and the side property lines. Drainage, as well as most utilities are provided within the 5’ spaces. Balconies are proposed that project over City sidewalks. A hold-harmless agreement is provided as required by the City. Garbage will be collected in 10 individual garbage bins stored within the parking garage. The property owner has a management team that will be responsible for taking out the trash cans and returning them. While the proposed project does not provide 50% of the ground floor as commercial space, they have made significant efforts to meet the spirit of the requirement. With a total of 11,160 sf on the ground floor, a 50% requirement would result in 5,580 sf commercial space needed. The proposed project provides 2,650 sf commercial on the ground floor and 1,850 sf on the second and third floors for a total of 6,304 sf. The site will be serviced by Fairhope Utilities for electric, gas, water, and sewer. AT&T will be the telephone provider. Drainage is connecting to an existing stormwater conveyance system. It should be noted, an administrative replat will be required prior to issuance of a building permit to combine the two lots into one. Finally, staff briefly discussed an alternative curbing option other than currently proposed, but was unable to continue discussions due to matters beyond our control. The ultimate solution should not greatly impact the proposed development so staff recommends a conditional of approval that all sidewalks, curbing, and striping located in the City ROW be approve by the City of Fairhope Public Works. Recommendation: Staff recommends APPROVAL of case SR 21.01 with the following conditions: 1. In lieu of the applicant providing over 5,580 sf of commercial space, parking in a ground- floor garage, and not behind the building as required by Article V, Section B of the Zoning Ordinance shall be acceptable. 2. The hold harmless agreement for balconies over sidewalks will be provided to the building department with permit application. 3. Sidewalks, curbing, and striping shall be coordinated with Public Works prior to installation. Larry Smith of S.E. Civil, LLC was present on behalf of the applicant. Motion: Rebecca Bryant made a motion to TABLE the request to allow the applicant to respond to concerns regarding traffic, parking, live/work unit definitions, and garbage collection. 2nd: John Worsham 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Absent RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye JL – Aye CHB – Aye JC – Aye ZC 21.04 Bancroft and Pine B-4 to B-2 Property Owner: FST Wise Properties-TN, LLC Applicant: FST Wise Properties-TN, LLC and S.E Civil General Location: Northeast corner of Bancroft St and Pine Av intersection. Project Type: Re-Zoning Case Zoning District: B-4 Business and Professional District Parent Parcel PPIN Number: 386620 Engineer of record: S.E Civil School District: Fairhope West Elementary, Fairhope Middle, Fairhope High School Report prepared by: Hunter Simmons Comments: Public hearing to consider the request of FST Wise Properties-TN, LLC to rezone property from B-4 Business and Professional District to B-2 General Business District. The property is approximately .25 acres and is located at the northeast corner of the intersection of N. Bancroft Street and Pine Avenue. The subject property is a lot created in 2020 by the subdivision of parcel 05-46-03-37-0-007- 069.504. As a point of clarification, the application incorrectly requests re-zoning for parcel 05- 46-03-37-0-007-069.504, but the subject property has been assigned a new parcel number; 05- 46-03-37-0-007-069.507. The latter parcel number, which is also PPIN 386620, is the correct parcel. The applicant’s maps correctly reference the correct parcel within the application. The subject property, like it’s parent parcel, is currently zoned B-4. The applicant would like to re-zone the property to B-2 and construct a mixed-use development. The subject property is located within the Central Business District (CBD). Generally, B-4 is located on the perimeter of the CBD where properties are next to residential neighborhoods. As seen in the illustration below, the subject property is bordered by B-4 to the north and east. Other properties at the intersection of Bancroft and Pine are currently zoned B-2. Due to the location of the property, and the character of adjacent property, the proposed zoning change does not appear to conflict with the vision and goals of the City’s comprehensive plan. However, the Planning Commission recently recommended a zoning text amendment that, to summarize, would require 50% of the ground floor of buildings in the CBD to be commercial. The City Council will soon consider the proposed amendment. Article V, Section B.3 of the City’s Zoning Code reads: Uses – All uses permitted in the underlying zoning district are allowed in the CBD Overlay, provided that uses of property shall meet the intent of the Comprehensive Plan and Section E.1 of this Article. Any future rezoning in the CBD overlay may be conditioned so that the goals and intent of the Comprehensive Plan and Article V., Section B.1. of the Zoning Ordinance are achieved. Because the proposed text amendment is ‘in progress’ and the Zoning Ordinance states “Residential and office is encouraged on the upper floors of buildings; lower floors are encouraged to be retail or restaurants” staff recommends adding a condition that mimics the intent of the proposed zoning text change amendment. Recommendation: Staff recommends Case: ZC 21.04 Bancroft & Pine B-4 to B-2 be APPROVED with the following condition: 1. A minimum of 50 percent of the gross floor area on the ground floor of any building on subject property shall be dedicated to commercial uses. For the purposes of this calculation, gross floor area is defined as the total floor area contained on the ground floor within a building measured to the external face of external walls and shall include, but not be limited to, internal service areas, internal parking, internal stairwells, and internal common spaces. Retail and restaurants are encouraged on the ground floor adjacent to public streets. Larry Smith of S.E. Civil, LLC was present on behalf of the applicant. Public Hearing: No one was present to speak. Motion: Jimmy Conyers made a motion to accept the staff recommendation to APPROVE with the following condition: 1. A minimum of 50 percent of the gross floor area on the ground floor of any building on subject property shall be dedicated to commercial uses. For the purposes of this calculation, gross floor area is defined as the total floor area contained on the ground floor within a building measured to the external face of external walls and shall include, but not be limited to, internal service areas, internal parking, internal stairwells, and internal common spaces. Retail and restaurants are encouraged on the ground floor adjacent to public streets. 2nd: John Worsham 2nd the motion and the motion carried with the following vote: Vote: AD – Absent RB – Nay HK – Aye JW – Aye LT – Aye HM – Aye JL – Aye CHB – Abstain JC – Aye SD 21.05 Subdivision Regulations Amendment Resolution 2021-01 Request: Staff request the passage of an amendment to the Fairhope Subdivision Regulations, Article V, Section F.4.i to read as follows: i. Stream boundaries including each buffer zone must be clearly delineated on all grading plans, subdivision plats, site plans and any other development plans. (1) The outside limit of the buffer must be clearly marked on-site with permanent signs placed every 100 feet, or at least one (1) sign installed per lot for lots less than 100 feet wide, prior to any land disturbing activities, or in the case of minor subdivisions, prior to approval of the minor subdivision plat. The Planning Commission reserves the right to require an alternative signage spacing distance to accommodate irregular-shaped lots and/or irregular-shaped wetland boundaries. Stream and buffer limits must also be specified on all surveys and recorded plats and noted on individual deeds. Buffer requirements must be referenced in property owner’s association documents and shall be labeled on the plat. (a) For major subdivisions, permanent wetland buffer signage shall be a minimum 1’- 0” wide x 1’-6” tall 0.080” aluminum sign face, with black text over a white background reading “WETLAND BUFFER BOUNDARY” with text scaled to fit the sign face. Signpost shall be a 2” x 2” x 0.188” galvanized steel tube or galvanized u-channel. Signpost shall be embedded in concrete a minimum of 2’-0” deep and 1’-0” in diameter with signpost centered in the concrete. Top of sign when attached to signpost shall be a minimum 6’-0” above grade. Sign shall be attached to signpost with a minimum of two, 3/8” cadmium plated bolts with cadmium plated nuts and washers. (b) For minor subdivisions, temporary wetland buffer signage shall be a minimum 1’ - 6” wide x 1’ - 0” tall 4mm thick plastic corrugated sign face, with black text over a white background reading “WETLAND BUFFER BOUNDARY” with text scaled to fit the sign face and applied to both sign faces. Signpost shall be 9 gauge wire 6.7” wide x 17.7” tall double “H” sign stakes installed as typical. The planning commission reserves the right to require permanent wetland buffer signage for minor subdivisions if the intensity of the development may affect wetlands during or after development. Staff Recommendation: Staff recommends to APPROVE as presented. Public Hearing: No one was present to speak. Motion: John Worsham made a motion to accept the staff recommendation to APPROVE as presented. 2nd: Hollie MacKellar 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Absent RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye JL – Aye CHB – Abstain JC – Aye Old/New Business SD 19.06 Riverhorse Subdivision Request of Dewberry Engineers, LLC to grant a 1-year extension of the preliminary plat approval of Riverhorse Subdivision to complete construction. Recommendation: Staff recommends to APPROVE as requested. Motion: Jimmy Conyers made a motion to accept the staff recommendation to APPROVE the request. 2nd: John Worsham 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Absent RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye JL – Aye CHB – Abstain JC – Aye Adjournment Motion: Jimmy Conyers made a motion to adjourn at 10:55PM. 2nd: John Worsham 2nd the motion and the motion carried unanimously with the following vote: Vote: AD – Absent RB – Aye HK – Aye JW – Aye LT – Aye HM – Aye JL – Aye CHB – Abstain JC – Aye