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HomeMy WebLinkAbout06-07-2021 Planning Commission MinutesJune 7, 2021 Planning Commission Minutes The Planning Commission met Monday, June 7th at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Lee Turner, Chairperson; Art Dyas; Hollie MacKellar; Rebecca Bryant; Clarice Hall; Jimmy Conyers; Harry Kohler; John Worsham; Jason Langley, Water and Sewer Director; Hunter Simmons, Planning and Zoning Manager; Mike Jeffries, Planner; Samara Walley, Planner; Allie Knutson, Secretary; and Chris Williams, City Attorney. Chairman Turner called the meeting to order at 5:00 PM and announced the meeting is being recorded. Art Dyas made a motion to appoint Allie Knutson as Secretary. Jimmy Conyers 2nd the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, Art Dyas, Hollie MacKellar, Harry Kohler, John Worsham, Jason Langley, Rebecca Bryant, Clarice Hall, and Jimmy Conyers. NAY:None Minutes from May 3, 2021, meeting: Motion to approve the minutes as submitted. AYE: Lee Turner, Art Dyas, Hollie MacKellar, Harry Kohler, John Worsham, Jason Langley, Rebecca Bryant, Clarice Hall, and Jimmy Conyers. NAY:None SD 21.11 Public hearing to consider the request for Preliminary plat approval of Fairhope Downs. Property Owner /Applicant: Amzi and Eileen Sherling General Location: East side of County Road 3, approximately½ mile south of County Road 24 Project Type: 64-lot Preliminary Subdivision Project Acreage: 51.08 acres Zoning District: Un-zoned PPIN Number: 41065, 41072, 41076, 41088, 51475, 71709, 115704, and 216891 Engineer of record: S.E. Civil School District: Newton Elementary, Fairhope Middle School, and Fairhope High School Report prepared by: Mike Jeffries, City Planner Comments: City Planner, Mike Jeffries, presented and briefly explained the proposed project and summarized the staff report. 1 June 7, 2021 Planning Commission Minutes This preliminary plat application is for a 64-lot subdivision located on the east side of County Road 3, approximately ½ mile south of County Road 24. The property is currently un-zoned but does fall within the City of Fairhope's Extra Territorial Jurisdiction (ETJ). The City of Fairhope hired John Cameron, P.E. with Neel Schaffer, Inc, to review the original drainage plans. The applicant submitted and revised plans to address concerns. Drainage has been reviewed and approved by City ofFairhope's Public Works Director, Richard Johnson, P.E; the site collects onsite and off site water in a series of inlets and underground drainage that discharges into a proposed pond on the east side of the property that discharges into the stream located on the east end of the property. A drainage swale is proposed along the north property line that will receive the water coming from the adjacent property owners north of the property and direct it into a drainage inlet that goes to the proposed pond on the east. Adjacent property owners hired an outside engineer to review the revised drainage plans. Comments were sent to Commissioners via email. Staff did not have time to consult with the third- party engineer regarding these concerns. The Applicant is requesting a waiver from the requirement of a sidewalk down County Road 3 as there is not another sidewalk within three miles of the site. Planning Commission may desire for an easement for a future sidewalk inside the IO-foot area along County Road 3. Recommendation: Staff recommends approval of case number SD 21.11, Preliminary Plat Approval for Fairhope Downs with the following conditions: 1. Certain real property, agreed upon between the owner and City of Fairhope, needed for the lift station shall be deeded to the City of Fairhope and all appropriate easements shall be illustrated on the plat. 2. Change General Note #7 regarding FFE to match standalone FFE on plat. 3. Planning Commission approval of Sidewalk Waiver. 4. Fire hydrants must be spaced 450 feet per subdivision regulations. Larry Smith, S.E. Civil Engineering, noted four main topics that had been concerns in previous meeting that have since been addressed: I. Traffic: Had a traffic consultant look at existing traffic to determine that turn lanes are not warranted. 2. Septic: New solution of doing a lift station and running a main to McGowen Drive. 3. Drainage: Addressed County comments that came in last week, Neel Schaffer and Richard Johnson also reviewed the drainage. A majority of the comments have already been addressed through the different reviews that they have had. There is one culvert going under Greeno Road that they could look at further, but ALDOT is fine with it. 4. Grady pond: They are leaving it as is but provided some culverts to drain it. 2 June 7, 2021 Planning Commission Minutes 5. Water pressure: Several people said that they have low water pressure that is below required fire protection. Some issues may be service lines, so updates are needed to be done to get to 1,000 gallons per minute. Rebecca Bryant was concerned about an overtopping freeboard issue, but Mr. Smith stated that they can add 6 inches around the dam if needed, it should not overtop and there is not any specific guidance on freeboards. Art Dyas asked about the drainage basin calculations, Mr. Smith said that they used the other side of Greeno Road as the study point because Michael Smith with ALDOT did not have any concerns. Chairman Turner opened the public hearing. Public Hearing: Attorney William Anderson: Represents various homeowners that are adjacent property owners with concerns about drainage and flooding issues. Some of the properties in the proposed area already flood so they retained an engineer out of Huntsville who reviewed the materials and provided a letter last Thursday. Article 5.F.7.A states that the intention of stormwater retention and detention is to protect downstream properties from increases in flood heights due to development. Their calculations suggest that a study is needed for the downflow of water into Turkey Branch, Fish River, and Weeks Bay. There is a berm issue with the berm that will surround the ponds and two culverts, the berm may overtop, resulting in sedimentation that will fill the pond below it. Brian Franc, 14748 County Road 3, Fairhope, Alabama 36532: Brian has lived adjacent to the proposed property for 15 years, he brought a large satellite view of the proposed development with him as well as photos of flooding. The water issues are also causing erosion and there is a current water pressure problem. On April 10, 2021, after heavy rain, he and his wife awoke to no water pressure. Around 8:00 a.m., a house next door got hit by lighting, but firetrucks could not get any water from their waterline. At 8: 15 a.m., a water tanker was brought in. He also brought up potential traffic congestion from brining in 64 homes as there are already current congestion problems between dangerous intersections like County Roads 24 and 3 as well as County Road 3 and Highway 98. A sidewalk needs to be considered on County Road 3 due to bicyclists and horses. Art Dyas responded by asking how the water runs uphill to get onto his property. Brian stated that he can watch the waterflow coming from the development's property to underneath his fence at 5- 6 knots. Art Dyas said that the development's drainage plan for water retention and release may be beneficial for the current flooding problems. Cathy Alba, 14521 County Road 3, Fairhope, Alabama 36532: Cathy stated that she has a horse farm on County Road 3 and that it is the duty of the Planning Commission to look after health, welfare, and safety, and that the excess water and water pressure issues are a safety issue. She submitted a Public Records Request to Jason Langley, Water and Sewer Director, that provided details of watermain breaks on County Road 3, there were 13 total (9 in 2020). There is an infrastructure problem of a thin, 6-inch pipe that was meant to serve a rural area but is not meant 3 June7,2021 Planning Commission Minutes to serve this potential level of density. Their nearest station is 815 gallons per minute. She feels that the area is being put at risk for fire protection and that the City of Fairhope will potentially be looking at a higher number of repairs in the future if a line were to collapse. Pat Reichley, 14748 B County Road 3, Fairhope, Alabama 36532: He was told that the property on 98 was not for sale but says that it is. The corner of his property is 44 inches below the top elevation of the development's property. He wanted to know how to drain something 44-inches uphill from 400 feet away and how deep of a pond will be needed. He had to upgrade to a 24-inch culvert to drain his yard and driveway. He wanted to know why they would not connect at Highway 98 instead of County Road 3. Art Dyas agreed that connecting at Highway 98 is a good idea. Audie Wasden, 14031 County Road 3, Fairhope, Alabama 36532: Audie stated that most people do not want to be zoned because they do not want people from town to tell them what they can do. He wanted to know if the current sewer system can handle more sewage and where it will go as people already do not want to swim in the Mobile Bay. Chairman Turner said it goes to the Fairhope Sewer Plant and that most of the overflows are being worked on right now. Mike Soshea, 14521 County Road 3, Fairhope, Alabama 36532: Mike stated that he understands the importance of zoning, but that their area is a diamond in the rough for a different type of Fairhope. He restated previous drainage issues, specifically upstream drainage issues and and thought that traffic should be going to Highway 98. Chairman Turner closes public hearing. Chairman Turner asked Larry Smith, S.E. Civil Engineering, to discuss the most prevalent issues; water pressure on County Road 3, the depth of retention pond and how to get the water to keep from jumping the berm, and if the increased water from having culverts put in on County Road 3 was considered. Mr. Smith stated that they did fire flow tests and came up with a similar number for what the available fire flow was and is working on coming up with a solution for the water pressure issues. The water pipe on County Road 24 will be a higher class that will meet current specifications and everything in the development will as well. According to the Environmental Engineer that did the septic testing, berms are not required as there is a gravity system for the lift station which is more expensive than septic. It is not a berm that is going along the northern property line, it is a drainage swale so that they do not contribute any water to that property. The runoff that comes off the back of the houses will runoff into the swale and will go into the storm system. There will be cutoff ditches at the northern property line and along the entire southern property line to ensure that water is not going on to other people's property. The existing culverts on County Road 3 would not increase the flow from the development. Art Dyas clarified that the five acres next to the development are not part of the development because the seller wants to put them to commercial use, but then asked about extending the 50- foot road at the cul-de-sac down the south line and coming in at the south side of the creek. 4 June 7, 2021 Planning Commission Minutes Chairman Turner's stated that traffic release would be nice to get it off of County Road 3 and asked Planning and Zoning Manager, Hunter Simmons, what it would take for a two-lane ingress and egress. Planning and Zoning Manager, Hunter Simmons, stated that right of way standard is 50 feet, which is what the internal streets of the subdivision are. Mr. Smith stated that they could put in an access easement over to the five acres that way when the five acres are developed, they can continue with future thru streets. Chairman Turner stated that it really needs to connect to Highway 98 and Art Dyas stated that if he moves the utility easement down to the south property line, then you do not have to split the five acres and you still have access to Highway 98. David Diehl, S.E. Civil Engineering, clarified that they were just wanting to do a 50-foot ingress and egress and if it would have to be a public right of way, Chairman Turner stated yes. The owner of the five acres could share the ingress and egress as well once the commercial properties are developed because ALDOT is not going to allow that many curb cuts there. Art Dyas asked Richard Johnson, Public Works Director, to talk about the 3-4 engineers involved and any discrepancies. Mr. Johnson stated that Mr. Smith and his team did account for offsite water which is why there are putting in swales (ditches) along the north and south line of the property. Any water that is coming off of the site, is going to fall into the ditches which may correct the drainage problem completely as the water currently has no where to go. Art Dyas asked Mr. Smith if the water that is going to serve this subdivision is coming in off Highway 98 or County Road 3 and Mr. Smith stated the connections are going to be on County Road 3. Rebecca Bryant stated that they have a report from the third-party engineer that the Planning Commission has not had time to digest yet and neither has S.E. Civil Engineering and she is uncomfortable passing something when issues have been raised about the freeboard and the culverts. Mr. Smith stated that the previous issues have already been addressed and they are working on finalizing everything and are going to submit a Land Disturbance Permit. If they need to add one more culvert, they will, even though ALDOT already approved it. Chairman Turner thought that they should look at the culvert again. Motion: Art Dyas made a motion to approve Case SD 21.11, Fairhope Downs, with the following conditions: 1. Certain real property, agreed upon between the owner and City of Fairhope, needed for the lift station shall be deeded to the City of Fairhope and all appropriate easements shall be illustrated on the plat. 2. Change General Note #7 regarding FFE to match standalone FFE on plat. 3. Planning Commission approval of Sidewalk Waiver for sidewalk along County Road 3, as well as a waiver for the area adjacent to Highway 98 within with the 5 June 7, 2021 Planning Commission Minutes required right-of-way. A sidewalk easement in lieu of sidewalks shall be provided and labeled on the Plat. 4. Fire hydrants must be spaced 450 feet per subdivision regulations. 5. Provide ingress/egress via a SO-foot right of way to Highway 98. Clarice Hall 2nd the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, Art Dyas, Hollie MacKellar, Harry Kohler, John Worsham, Jason Langley, Rebecca Bryant, Clarice Hall, and Jimmy Conyers. NAY:None. SD 21.32 Public hearing to consider the request for preliminary approval of Windmill Professional Park. Property Owner/Applicant: FST Provision Investments, LLC and S.E Civil Engineering General Location: Northwest comer of the intersection of State Highway 181 and Windmill Road Project Type: 4-unit Multiple Occupancy Project Project Acreage: 1.48 acres Zoning District: B-4 Business and Professional District PPIN Number: 77607 Engineer of record: S.E Civil School District: Fairhope Elementary, Fairhope Middle, and Fairhope High School Report prepared by: Samara Walley (City Planner) Recommendation: Approval Summary/Comments City Planner, Samara Walley, presented case summary: Request of Larry Smith ofS.E. Civil on behalf ofFST Provision Investments, LLC for MOP approval of Windmill Professional Park, a 4-unit project. The subject property is owned by the Fairhope Single Tax. The subject property is zoned B-4 Business and Professional District and approximately 1.48 acres. The property is located at the northwest comer of the intersection of State Highway 181 and Windmill Road. The site plan illustrates parking located on the interior of the lot with a five-foot sidewalk along Windmill Road and Highway 181, and compliant greenspace and greenspace amenity to include a BBQ pit. A Traffic Impact Study was not required. Water, sewer, and gas will be provided by the City of Fairhope. Electrical service will be provided by Baldwin EMC and a fire hydrant is located at the corner of Windmill Road and Highway 181. A detention pond is illustrated in the northwest corner of the property. It should be noted that the Planning Commission recommended approval to the City Council for the rezoning of the adjacent property at its May 3, 2021, meeting. The case is pending and has not been yet heard by the City Council. Buffers may be required. Staff finds that the landscape plan has not provided adequate landscaping to screen the parking lot. As a condition of approval, additional parking screening will be required. 6 June 7, 2021 Planning Commission Minutes Recommendation: Staff recommends approval of case SD 21.32, subject to the following conditions: 1. Final landscape screening for the parking area along Windmill Road shall be reviewed and approved by the Director of the Planning and Zoning Department prior to the issuance of a Certificate of Occupancy. 2. Current zoning requires a 10-foot buffer where adjacent to residentially zoned property. A buffer has not been provided because the adjacent property has been recommended for approval to B-4 zoning by the Fairhope Planning Commission, (Case ZC 21.07). The re-zoning has yet to be approved by the City Council. A buffer will be required if Case ZC 21.07 fails to get approval by the City Council. Larry Smith, S.E. Civil Engineering, stated that this is their office building. There was a lot of undergrowth between the oak trees, but they are saving all the oaks along Windmill Road and are using the existing entrance that was already there, so they do not have to disturb the roots. There will probably take out the undergrowth and will gladly get some additional screening. Chairman Turner opened the public hearing, no one spoke, the public hearing was closed. Motion: Jimmy Conyers made a motion to approve Case SD 21.32, Windmill Professional Park, with the following conditions: 1. Final landscape screening for the parking area along Windmill Road shall be reviewed and approved by the Director of the Planning and Zoning Department prior to the issuance of a Certificate of Occupancy. 2. Current zoning requires a 10-foot buffer where adjacent to residentially zoned property. A buffer has not been provided because the adjacent property has been recommended for approval to B-4 zoning by the Fairhope Planning Commission, (case ZC 21.07). The re-zoning has yet to be approved by the City Council. A buffer will be required if case ZC 21.07 fails to get approval by the City Council. Rebecca Bryant 2nd the motion and the motion carried unanimously with the following vote: A YE: Lee Turner, Art Dyas, Hollie MacKellar, Harry Kohler, John Worsham, Jason Langley, Rebecca Bryant, Clarice Hall, and Jimmy Conyers. NAY:None Old/New Business Parking Committee -Planning and Zoning Manager, Hunter Simmons, proposed the idea of establishing a CBD Parking Committee, requesting four volunteers to give staff some feedback on if they are going in the right direction with the big decisions that need to be made. Rebecca Bryant, Clarice Hall, John Worsham, and Harry Kohler volunteer. 7 June 7, 2021 Planning Commission Minutes Chairman Turner appoints the CBD Parking Committee and John Worsham as the Chair of the committee. Adjournment Motion to adjourn by Jimmy Conyers. Chairman Turner seconded motion to adjourn. Unanimous. Adjourned at 6:37 p.m. Lee Turner, Chairman Allie Knutson, Secretary 8