HomeMy WebLinkAbout09-09-2021 Planning Commission MinutesSeptember 9, 2021
Planning Commission Minutes
The Planning Commission met Thursday, September 9, 2021, at 5:00 PM at the City
Municipal Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; Clarice Hall; Art Dyas; Hollie MacKellar; Harry
Kohler; John Worsham; Hunter Simmons, Planning and Zoning Manager; Mike Jeffries,
Development Services Manager; Samara Walley, Planner; Allie Knutson, Secretary; and
Chris Williams, City Attorney.
Absent: Rebecca Bryant; Jason Langley, Water and Sewer Director; and Jimmy Conyers.
Chairman Turner called the meeting to order at 5:03 PM.
Minutes from August 2, 2021, meeting:
Art Dyas made a motion to approve the minutes as submitted.
John Worsham seconded the motion and the motion carried unanimously with the
following vote:
A YE: Lee Turner, Clarice Hall, Art Dyas, Hollie MacKellar, Harry Kohler, and John
Worsham.
NAY:None.
UR 21.03 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed
installation of one small cell antenna and equipment to existing AT&T wireline light pole.
Owner/Developer: AT&T
General Location: Volanta Avenue, South of Fairhope Yacht Club
Project: Installation of small cell antenna
Jurisdiction: Fairhope Planning Jurisdiction
Report prepared by: Chris Ambron, City Planner
Recommendation: Approval with Conditions
Summary:
Hunter Simmons, Planning and Zoning Manager, presented the case summary.
This project would be a co-location on an existing AT&T utility pole on the south side of
Volanta Avenue, across the street from the Fairhope Yacht Club. The equipment/antenna will be
colored to blend with the surroundings. Planning Commission is the final authority for this
project as it is not requiring a new pole. If a new pole were required, it would also be heard at
City Council.
The proposed utility construction is consistent with a previously approved AT&T Small Cell
Approved Project (October 7, 2019). Any portions of the project affecting public right-of-way
(ROW) maintained by Baldwin County or the Alabama Department of Transportation (ALDOT)
shall require permits through the Baldwin County Highway Department or ALDOT. No open
trenches shall be allowed. Directional boring shall be used in sensitive areas, such as under
roads, in proximity to trees, on finished lots, etc.
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If land disturbance is required, the work must be approved by Erik Cortinas, the City Building
Official, the applicant shall contact Alabama One Call to locate all existing utilities and ground
conditions in the ROW's shall be returned to original preconstruction condition(s) or better, and
any other conditions deemed necessary by the Cities Building Official. This site shall comply
with all State, Federal and local requirements.
The applicant shall provide as-built profiles of the installed lines and signs and/or door hangers
must be used to help notify the citizens of the work being done.
Recommendation:
Staff recommends APPROVAL of UR 21.03, subject to the following conditions:
1. The applicant shall follow the general comments related to utility work, as stated above.
2. Applicant and applicant's contractor shall follow the Right of Way Installation Permitting and
Work Procedures document provided by the Building Official.
3. The applicant shall follow the design/color for each site as dictated by staff per the "Site
description and locations" section of staff report.
4. The applicant is responsible for any Aid to Construction costs for new utility poles or work
needed to accommodate a co-locate.
5. The City of Fairhope reserves the right to modify or add requirements such as but not limited to
cut sheets of proposed poles/fixtures, additional drawings, site locations, design/colors, etc.
No AT&T Representative was present. No further questions or comments from Commissioners.
Motion:
Art Dyas made a motion to approve Case UR 21.03, subject to staff recommendations.
John Worsham seconded the motion and the motion carried unanimously with the
following vote:
A YE: Lee Turner, Clarice Hall, Art Dyas, Hollie MacKellar, Harry Kohler, and John
Worsham.
NAY:None.
UR 21.04 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed
installation of approximately 37,705 linear feet of directional boring for metro fiber cable and
approximately 149,636 linear feet of residential fiber.
Owner/Developer: C-Spire
General Location: North ofVolanta Ave., North of Echo Lane, and East of Highway 98/Greeno Rd.
Project: Fiber Communication Installation
Zoning District: Baldwin County RA
Report prepared by: Chris Ambron, City Planner
Recommendation: Approval with Conditions
Summary:
Hunter Simmons, Planning and Zoning Manager, presented the case summary.
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This project is to be broken up into phases with a maximum of 750-feet per phase with no pneumatic
boring under road surfaces. The 37,705 linear feet of metro line will serve commercial clients while the
149,636 linear feet will serve residential clients.
The Applicant shall contact Alabama One Call to locate all existing utilities with line locates called in
no less than 72 hours prior to commencing work. The Applicant must also provide draft door hangers
for approval at time of pre-construction. All sewer crossings are to be videoed/potholed for review by
Water Dept and no new road cuts. Any road cuts allowed could require additional permit costs and shall
be coordinated with Public Works.
No work shall begin until a ROW permit is issued by the City of Fairhope Building Department or other
applicable jurisdiction (permit not valid until paid for and obtained by contractor). The ROW permit
shall be always kept with the contractor or subcontractor during site work. The ROW permit shall be
posted on the job site or in the window of contractor(s) vehicle. All contractors/subcontractors are
subject to City of Fairhope Business License procedures. The site shall also comply with all State,
Federal, and local requirements.
Recommendation:
Staff recommends APPROVAL of UR 21.04, subject to the following conditions:
1. Consultation with the City's horticulturalist, to determine if the required depth of bore must be
increased so that no trees are impacted by the project. The contractor is responsible for any
damaged trees.
2. At all street crossing locations, conduct potholing to determine exact location and elevation of
existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole
locations on a set of as-built drawings.
a. An additional right-of-way permit may be required for the potholing procedures.
3. Follow-up activities below required by staff and the applicant:
a. Upon satisfactory review and approval by ROW Construction Inspector, as-builts will be
submitted to the mapping technician for inclusion in GIS utility maps.
4. Provide draft door hanger for approval at time of pre-construction meeting.
5. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work.
Mr. Simmons stated that he would also like to add a 6 th condition: C-Spire will be responsible for
clarifying access on private property that is not the City of Fairhope's and is not covered under the
franchise agreement.
Clay Brand, Director of C-Spire, stated that they are asking for more permits than they are going to start
because they don't want to overwhelm the city, residents, or any utilities.
Harry Kohler asked about the draft door hangers.
Mr. Branch stated that it is something that they put on citizen's doors to let them know about the work
that is being done in their area.
John Worsham asked what the timeline was for this project.
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Mr. Branch stated that the project could take about a year to complete with each phase taking around 90
days.
Mr. Simmons stated that John Thomas is the City's Right of Way Inspector and that he helped put some
of the conditions together. He also mentioned that the Fruit and Nut section is a congested area with
well-established trees and 40-foot right of ways. New utilities have not gone in ground there in a long
time. C-Spire will be working with Mr. Thomas to come up with a solution for navigating the Fruit and
Nut section. There is also going to be a utility facility on Nichols to provide connection throughout the
project that will go to Board of Adjustment.
Motion:
John Worsham made a motion to approve Case UR 21.04, subject to staff recommendations plus the
added 6th condition.
1. Consultation with the City's horticulturalist, to determine if the required depth of bore must be
increased so that no trees are impacted by the project. The contractor is responsible for any
damaged trees.
2. At all street crossing locations, conduct potholing to determine exact location and elevation of
existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole
locations on a set of as-built drawings.
a. An additional right-of-way permit may be required for the potholing procedures.
3. Follow-up activities below required by staff and the applicant:
a. Upon satisfactory review and approval by ROW Construction Inspector, as-builts will be
submitted to the mapping technician for inclusion in GIS utility maps.
4. Provide draft door hanger for approval at time of pre-construction meeting.
5. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work.
6. C-Spire will be responsible for clarifying access on private property that is not the City ofFairhope's
and is not covered under the franchise agreement.
Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner, Clarice Hall, Art Dyas, Hollie MacKellar, Harry Kohler, and John Worsham.
NAY:None.
ZC 21.11 Public hearing to consider the request of Anthony Tkac and Kristin Kalmbacher to
rezone property from R-4 to R-3 TH.
Property Owner/Applicant: Anthony Tkac and Kristin Kalmbacher
General Location: East terminus of Gaston Ave. and on the east side of S. Section Street
Project Type: Rezoning
Project Acreage: 0.40 acres
Zoning District: R-4 Low Density Multi-Family Residential District
PPIN Number: 41038
Engineer/Surveyor of record: NI A
School District: Fairhope Elementary School, Fairhope Middle and High Schools
Report prepared by: Samara Walley, City Planner
Recommendation: Approval
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Summary:
Art Dyas stated that he would be abstaining from this case as the Applicant is a family member.
Samara Walley, City Planner presented the case summary.
The Owners, Anthony Tkac and Kristin Kalmbacher, are being represented by Craig Dyas. The
Applicant desires to rezone the subject property similar to the adjacent property to the east to allow
townhomes. R-3 TH is defined as a High Density Single-Family Townhouse Residential District
intended to provide areas exclusively for the development of town houses on a high-density basis where
no side yards are required. The benefit of the R-3 TH district is a reduced front setback of 20-feet
compared to 30-feet in an R-4 district.
It should be noted that this is not a site plan review, and a potential approval of the rezoning case does
not constitute the approval of the site plan submitted with this application. However, staff has reviewed
the site plan and has determined that the plan does not meet R-3 TH standards and would therefore
require revisions prior to the issuance of a building permit. An administrative replat will be required to
create one lot. Additionally, a Multiple Occupancy Project (MOP) approval will be required for 3 units
on one lot. The MOP process takes in consideration greenspace requirements and design standards.
Recommendation:
Staff recommends APPROVAL of ZC 21.11, rezoning from R-4 Low Density Multi-Family Residential
District to R-3 TH High Density Single-Family Townhouse Residential District.
Craig Dyas presented some additional images of the proposed site plan and elevations as well as some
photos of the property and surrounding area. He would like to put the 400 square feet minimum of
green space in between the buildings to create courtyards rather than at the rear of the buildings. His goal
is to keep the existing historic house and restore it.
Chairman Turner opened the Public Hearing.
Levi Reinhart, 251 S. Section Street: Mr. Reinhart stated that he is an adjacent property owner and that
he was concerned that the plans for the property were not finalized and wanted to make sure that the
property would not allow a small school. He was also concerned with the proposed driveway being
beside his home in regard to privacy and noise.
Hunter Simmons, Planning and Zoning Manager, explained the uses in the R-3 TH Zoning District
compared to the R-3 and R-4 Zoning District.
Mike Reinhart, 251 S. Section Street: Mr. Reinhart stated that he had similar concerns and hoped that
the proposed driveway would be moved away from their home.
Mr. Simmons stated that if the proposed driveway was moved, it could affect the historic home.
Chairman Turner closed the Public Hearing.
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Motion:
Hollie MacKellar made a motion to approve Case ZC 21.11.
John Worsham seconded the motion and the motion carried unanimously with the following vote:
A YE: Lee Turner, Clarice Hall, Hollie MacKellar, Harry Kohler, and John Worsham.
NAY:None.
ABSTAIN: Art Dyas.
SD 21.38 Public hearing to consider the request of Summer Lane Partners, LLC for Final Plat
Approval of Summer Lane.
Property Owner/Applicant: Summer Lane Partners, LLC
General Location: East terminus of Summer Lane on west side of S. Section Street
Project Type: 15-Lot Major Subdivision Final
Project Acreage: 5.22 acres
Zoning District: PUD
PPIN Number: 5611
Engineer/Surveyor of Record: Dewberry Engineers
School District: Fairhope Elementary School, Fairhope Middle and High Schools
Report prepared by: Mike Jeffries, Development Services Manager
Recommendation: Approval with Conditions
Summary:
Mike Jeffries, Development Services Manager, presented the case summary.
The Preliminary Plat was approved by Planning Commission at the February 3, 2020, meeting (SD
20.08). Since then, the stormwater system has been built and is functioning as designed per letter from
the Engineer of Record. The water and sewer system has been inspected and only remaining deficiencies
are the installation of rain guards in the manholes and final cleaning of sewer inverts. These items are
listed as a condition of approval. Brick pavers in ROW'S will be responsibility of HOA to maintain and
will be reflected in the Resolution of acceptance. The 16-foot alley is private and for the use of
landowners to access property. Trash collection will be from the public ROW'S. Final plat must be
recorded within 60 days after the date of final approval.
Follow-Up Activities Required by Staff and the Applicant:
• Copy of the recorded plat
• Copy of the recorded O&M Agreement
• Maintenance and Guaranty (M&G) Agreement executed by the developer -the mayor signs this
agreement to fully execute it
-Remember to include the instrument # from the recorded plat
-Please include 30 days in paragraph 3
Recommendation:
Staff recommends APPROVAL SD 21.38, Summer Lane, subject to the following conditions:
1. Rain guards shall be installed on all manholes.
2. Sewer inverts shall be cleaned.
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3. Revise note 2 on plat to include utility easements.
4. Add PUD Ordinance# 1661 to site data table,
5. Add a general note that The City of Fairhope is not responsible for the maintenance of the decorative
pavers located in the ROW's and shall be the responsibility of the POA.
6. Add signature block for Gas Certificate of approval.
7. Approve subdivision name change to "The Cottages at Summer Lane".
8. Complete above-mentioned Follow-Up Activities.
The Developer was present, but no further comments were made.
Chairman Turner opened the Public Hearing, no one spoke. Chairman Turner closed the Public Hearing.
Motion:
Art Dyas made a motion to approve Case SD 21.38, Summer Lane Final Plat, subject to staff
recommendations.
John Worsham seconded the motion and the motion carried unanimously with the following vote:
A YE: Lee Turner, Clarice Hall, Art Dyas, Hollie MacKellar, Harry Kohler, and John Worsham.
NAY:None.
Old/New Business
SD 21.29 Windmill Professional Park -Request of a 30-day extension to record final plat:
Hunter Simmons, Planning and Zoning Manager, stated that the Applicant was requesting a 30-day
extension to record final plat for SD 21.29 due to material delays and covid-related circumstances. Mr.
Simmons also brought up the idea of extending time to record final plats to 90 or 120 days.
Motion:
John Worsham made a motion to approve a 30-day extension to record the final plat for SD 21.29.
Clarice Hall seconded the motion and the motion carried unanimously with the following vote:
A YE: Lee Turner, Clarice Hall, Art Dyas, Hollie MacKellar, Harry Kohler, and John Worsham.
NAY:None.
Art Dyas is concerned with a potential increase in requested extensions to record final plats.
Attorney, Chris Williams, stated that the Subdivision Regulations are vague in terms of what "good
cause" is to receive an extension. The Subdivision Regulations would need to be changed in order to
extend the time to record a final plat as it is currently 60 days.
Hollie MacKellar asked how long it typically takes to record a final plat.
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Mr. Simmons stated that it depends on the applicants and their engineers, but also depends on outside
sources. The signature blocks on the plat must be cycled through Baldwin County Engineers and
Baldwin County 911.
Chairman Turner was concerned with applicants submitting for final approval without having their
infrastructure completely installed.
Mr. Simmons asked the Commissioners if they disagreed with extending the amount of time to 90 days.
None of the Commissioners objected, however, a Subdivision Regulation Amendment would have to
be advertised.
CAPZO Training Update:
Mr. Simmons gave an update on CAPZO Training and stated that the Planning Department was
finalizing dates.
Comp Plan Update:
Mr. Simmons reminded everyone about the Comp Plan Meeting on September 22, 2021, from 6:00-8:00
p.m. at the Nix Center and mentioned other small focus group meetings that the Commissioners would
be receiving an email invite for.
Signature Block Discussion:
Baldwin County E-911 has asked the cities to include a signature block on plats. The Commissioners
had no objection.
Adjournment
Having no further business, Chairman Turner made a motion to adjourn, and the motion carried
unanimously with the following vote:
A YE: Lee Turner, Clarice Hall, Art Dyas, Hollie MacKellar, Harry Kohler, and John Worsham.
NAY:None.
Adjourned at 6: 14 p.m.
Q WJi ?hnlll2?
Lee Turner, Chairman Allie Knutson, Secretary
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