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HomeMy WebLinkAbout07-07-2022 Planning Commission MinutesJuly 7, 2022 Planning Commission Minutes The Planning Commission met Thursday, July 7, 2022, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Lee Turner, Chairman; Rebecca Bryant, Vice-Chair; Art Dyas; Harry Kohler; John Worsham; Hollie MacKellar; Corey Martin, City Council Liaison; Hunter Simmons, Planning and Zoning Manager; Mike Jeffries, Development Services Manager; Casey Potts, City Planner; Michelle Melton, City Planner; Allie Knutson, Secretary; and Chris Williams, City Attorney. Absent: Clarice Hall-Black Chairman Turner called the meeting to order at 5:02 PM. Approval of the Minutes from June 6, 2022, Meeting: Allie Knutson, Secretary, noted that the minutes had been amended to reflect a misspelling of Attorney McDill's name during the Public Hearing for case SD 21.51. John Worsham made a motion to accept the minutes as corrected with no further changes and the motion carried unanimously with the following vote: AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Corey Martin, and Hollie MacKellar. NAY:None. UR 22.06 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 3,274 LF of buried fiber cable in the ROW and 12,645 LF of overlashed aerial fiber to existing support strands beginning at 435 Liberty Street. Summary: Hunter Simmons, Planning and Zoning Manager, presented the case summary, stating that there are six utility review cases on the agenda and all of the comments in UR 22.06 apply to the other utility review cases as well. He also showed a map of the proposed installation. Recommendation: Staff recommends approval of UR 22.06 subject to the following conditions: 1. A pre-construction meeting shall be held with the City prior to issuance of any permits. 2. 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. 3. 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. 4. 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 as needed. 5. Provide draft door hanger for approval at time of pre-construction. 1 July 7, 2022 Planning Commission Minutes 6. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 7. Ensure enough space for proposed work is available within existing easement, if not applicant is responsible for either expanding existing easement or acquiring an additional easement. 8. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day). 9. Utilities boxes shall be concentrated near existing boxes. 10. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C, unless otherwise required by the Fairhope Building Department. Chairman Turner stated that this is not a public hearing but asked if anyone from the public had any questions about 11.52.11 cases. No questions were asked. Harry Kohler mentioned that above ground utility boxes are not as attractive as underground utility boxes and asked if either could be required. Mr. Simmons stated that each company has different types, the utility boxes that are feeding the houses are subsurface. Some will be above ground but those are sparser, and fiber is handled with cabinets. Motion: John Worsham made a motion to approve Case SR 22.06, subject to staff recommendations. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, and Corey Martin. NAY:None. UR 22.07 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 11,377 LF of buried fiber cable in the ROW and 9,215 LF of overlashed aerial fiber to existing support strands beginning at 755 Fairhope A venue. Summary: Hunter Simmons, Planning and Zoning Manager, presented the case summary and showed a map of the proposed installation south of Gayfer A venue, around North Ingleside Street and Edwards A venue. Recommendation: Staff recommends approval of UR 22.07 subject to the following conditions: I. A pre-construction meeting shall be held with the City prior to issuance of any permits. 2. 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. 3. 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. 4. 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 as needed. 5. Provide draft door hanger for approval at time of pre-construction. 2 July 7, 2022 Planning Commission Minutes 6. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 7. Ensure enough space for proposed work is available within existing easement, if not applicant is responsible for either expanding existing easement or acquiring an additional easement. 8. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day). 9. Utilities boxes shall be concentrated near existing boxes. 10. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C, unless otherwise required by the Fairhope Building Department. Motion: Art Dyas made a motion to approve Case UR 22.07, subject to staff recommendations. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: A YE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, and Corey Martin. NAY:None. UR 22.08 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 4,268 LF of buried fiber cable in the ROW and 4,848 LF of overlashed aerial fiber cable beginning at 498 Nichols Avenue. Summary: Hunter Simmons, Planning and Zoning Manager, presented the case summary and showed a map of the proposed installation south of Nichols Avenue between Mershon Street and Section Street. Recommendation: I. A pre-construction meeting shall be held with the City prior to issuance of any permits. 2. 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. 3. 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. 4. 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 as needed. 5. Provide draft door hanger for approval at time of pre-construction. 6. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 7. Ensure enough space for proposed work is available within existing easement, if not applicant is responsible for either expanding existing easement or acquiring an additional easement. 8. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day). 9. Utilities boxes shall be concentrated near existing boxes. I 0. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C, 3 July 7, 2022 Planning Commission Minutes unless otherwise required by the Fairhope Building Department. Motion: John Worsham made a motion to approve Case UR 22.08, subject to staff recommendations. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: A YE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, and Corey Martin. NAY:None. UR 22.09 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 10,685 LF of buried fiber cable in the ROW and 15,443 LF of overlashed aerial fiber cable beginning at 405 Forester Avenue. Summary: Hunter Simmons, Planning and Zoning Manager, presented the case summary and showed a map of the proposed installation around Triangle Drive and North Section Street. Recommendation: 1. A pre-construction meeting shall be held with the City prior to issuance of any permits. 2. 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. 3. 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. 4. 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 as needed. 5. Provide draft door hanger for approval at time of pre-construction. 6. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 7. Ensure enough space for proposed work is available within existing easement, if not applicant is responsible for either expanding existing easement or acquiring an additional easement. 8. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day). 9. Utilities boxes shall be concentrated near existing boxes. 10. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C, unless otherwise required by the Fairhope Building Department. Motion: Corey Martin made a motion to approve UR 22.09, subject to staff recommendations. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: 4 July 7, 2022 Planning Commission Minutes AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, and Corey Martin. NAY:None. UR 22.10 Request of Point Broadband for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 36,039 LF of buried fiber cable in the ROW beginning at 407 Volanta Avenue. Summary: Hunter Simmons, Planning and Zoning Manager, presented the case summary and showed a map of the proposed installation around Willow Lake Drive and Volanta Avenue. Recommendation: 1. A pre-construction meeting shall be held with the City prior to issuance of any permits. 2. 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. 3. 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. 4. 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 as needed. 5. Provide draft door hanger for approval at time of pre-construction. 6. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 7. Ensure enough space for proposed work is available within existing easement, if not applicant is responsible for either expanding existing easement or acquiring an additional easement. 8. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day). 9. Utilities boxes shall be concentrated near existing boxes. 10. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C, unless otherwise required by the Fairhope Building Department. Motion: Art Dyas made a motion to approve Case UR 22.10, subject to staff recommendations. Corey Martin seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, and Corey Martin. NAY:None. 5 July 7, 2022 Planning Commission Minutes UR 22.11 Request of Point Broadband for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 44,687 LF of buried fiber cable in the ROW beginning at 531 Gayfer Avenue. Summary: Hunter Simmons, Planning and Zoning Manager, presented the case summary and showed a map of the proposed installation from the west side of Gayfer A venue to North Mobile Street. Recommendation: 1. A pre-construction meeting shall be held with the City prior to issuance of any permits. 2. 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. 3. 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. 4. 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 as needed. 5. Provide draft door hanger for approval at time of pre-construction. 6. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 7. Ensure enough space for proposed work is available within existing easement, if not applicant is responsible for either expanding existing easement or acquiring an additional easement. 8. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day). 9. Utilities boxes shall be concentrated near existing boxes. 10. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C, unless otherwise required by the Fairhope Building Department. Motion: John Worsham made a motion to approve Case UR 22.11, subject to staff recommendations. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: A YE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, and Corey Martin. NAY:None SR 22.06 Request of the Applicant, Lieb Engineering Company, acting on behalf of the Owner, WCTT Properties LLC, for Site Plan Approval of 309 Ingleside. The property is approximately 1.62 acres and is located on the northeast corner of S. Ingleside Street and Nichols Avenue. PPIN #: 25788 Summary: 6 July 7, 2022 Planning Commission Minutes Casey Potts, City Planner, presented the case summary, elevations and floor plans were shown. The subject property lies within the Medical Overlay District and there is a corresponding MOP case on the agenda as well (SD 22.20). Within the Medical Overlay District, the B-4 development standards and area and dimensional requirements apply. However, the recorded plat provides setbacks of 35' front, 35' rear, and 10' side, meeting what is required. A building located in any commercial zone may have a height of 35' if it contains both residential and commercial space. All other buildings have a maximum height of 30'. The materials of the townhomes are cementitious siding, board and batten siding, and shingles. The materials of the commercial buildings are brick veneer and aluminum canopies and garage doors. Right-of-way will be dedicated to the City of Fairhope along Nichols Avenue and revised landscape plans shall be provided to and approved by the City Horticulturist. As proposed by the applicant, there are eight townhomes, four mixed use office/residential units, one restaurant, and one office space. The applicant shall revise five parking spaces to be pervious. A sidewalk is proposed along the western and southern edges of the property and a crosswalk is proposed at the southwest comer across Ingleside. In any district where commercial use abuts a residential use, a fence of solid appearance shall be installed, thus, an 8' privacy fence is shown at the north property line where residential abuts commercial use. Garbage is collected in a dumpster at the northwest comer of the property. The dumpster is screened by a wooden fence. All signs shall meet the City of Fairhope Sign Ordinance. The floorplans show a partition wall on the first floor of the western commercial building. The applicant has clarified that this is inaccurate and that there will be one restaurant unit on the first floor. Recommendation: Staff recommends conditional approval of Case SR 22.06, 309 South Ingleside, with the following conditions: 1. Revise five parking spaces in the site plan to be pervious spaces. 2. Revise landscape plans to account for right-of-way dedication and obtain approval from the City Horticulturist. Chris Lieb with Lieb Engineering Company was available for questions. Chairman Turner asked about the dumpster location in relation to the sidewalk. Mr. Lieb stated that the sidewalk intends to dead-end at the rear parking lot and does not continue to the north, but if it is desired to continue to the north, the extension of the sidewalk can go in the right-of- way to the property line. Rebecca Bryant asked about the lack of elevators being shown on the site plan. Mr. Simmons stated that this case is just to approve the site plan of what the building looks like. The plans will have to be revised between approval and time of permit based on occupancy and use. 7 July 7, 2022 Planning Commission Minutes Chairman Turner stated that he would rather see a natural buffer between the residential and commercial properties instead of a privacy fence. Mr. Simmons stated that the Tree Ordinance comes into play as well with three alternatives: a 20-foot landscape buffer, a double row of 6- foot hedges and/or a fence with a single row of 6-foot hedges. A fence is still required with the 20-foot landscape buffer unless they choose to do an additional row of hedges. Chairman Turner asked when a requirement for a sidewalk to go to the property line should be made between the Site Plan and MOP cases. Mr. Simmons replied that both cases should have that added condition. Hollie MacKellar asked what additional crosswalks were being considered. Mr. Simmons replied that they are evaluating where the sidewalks are for future connectivity. Motion: John Worsham made a motion to recommend approval of Case SR 22.06, to City Council, subject to staff recommendations plus an added condition: 1. Revise five parking spaces in the site plan to be pervious spaces. 2. Revise landscape plans to account for right-of-way dedication and obtain approval from the City Horticulturist. 3. The sidewalk shall extend the full length of the property along S. Ingleside Street. Art Dyas seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, and Corey Martin. NAY:None SD 21.51 Public hearing to consider the request of the Applicant, Jade Consulting, LLC, on behalf of the Owner, D.R. Horton, Inc., for Preliminary Plat Approval of Lone Oak Farms Subdivision, an 82-Iot Major Subdivision. The property is approximately 57.72 acres and is located on the northeast corner of Pierce Road and County Road 32. PPIN #: 17050 Summary: Attorney Chris Williams recused himself for the duration of the hearing for Case SD 21.51. Mike Jeffries, Development Services Manager, presented the case summary. This project was tabled at last month's Planning Commission Meeting in order to gather additional information such as a third-party drainage review and to have discussions with Baldwin County. To recap what was presented at the previous meeting, extensive water upgrades will be required to service the proposed development. Costs and installation of the required upgrades are the responsibility of the developer and will be evaluated by the Water Department at time of construction. A traffic study was conducted with no improvements being recommended at this time. Landscaping requirements were met. The note on lot 82 "FUTURE PHASE 2 AREA" needs to be removed, resubdivision of lot 82 may only occur if future mitigation of wetlands can 8 July 7, 2022 Planning Commission Minutes be accomplished and nothing within this review and/or a potential approval implies that lot 82 will be further subdivided. Sidewalks and street trees shall be installed prior to submittal of final plat application, the applicant has requested to not install sidewalks along CR32 and Pierce Road. A pre-construction meeting is required prior to issuance of building permits. The City contracted John Cameron, P.E. with Neel-Schaffer, Inc. to conduct a third-party drainage review. Mr. Cameron concluded that he did have concerns about "sending stormwater that previously flowed in one basin to another basin post development." Mr. Cameron also acknowledged the applicant's proposed design does not violate any Fairhope code that he is aware of. The City was informed that Pierce Road meets the County's requirements for existing roadways and there are no planned drainage or roadway improvements by the County at that area. Baldwin County Highway Department will have the review authority at permitting and may require drainage or roadway improvements at that time. Recommendation: Staff recommends approval SD 21.51 Lone Oak Farms preliminary plat with the following conditions: 1. Remove "FUTURE PHASE 2 AREA" from lot 82. 2. Drainage infrastructure in lot 82 needs to be included in COMMON AREA 1. 3. Add blanket utility/drainage easement to all common areas. 4. Add minimum lot width and area to Site Data Table. 5. Add sidewalk easement along the ROWs of CR 32 and Pierce Road. 6. Developer is responsible for the construction of, and all costs associated with, all off-site water service upgrades determined necessary by the City of Fairhope Water Department. 7. Prior to issuance of any building permit the final construction documents for the water upgrades shall be approved by the City of Fairhope Water Department. 8. All water upgrades shall be installed prior to submittal of Final Plat application. 9. Any drainage or roadway improvements required by Baldwin County shall be completed prior to application for final plat. Chairman Turner was in favor of having sidewalks installed on pierce Road for future connectivity. Art Dyas asked if the subdivision, as proposed, met the Subdivision Regulations. Mr. Jeffries stated that it does. Mr. Dyas suggested setting the easement, but also having developers pay into a fund to put in sidewalks where they don't currently exist. Trey Jinright, Jade Consulting, requested that he respond to any comments or questions after the public hearing is closed. Chairman Turner stated that he had not planned to have a public hearing as one had been had at the previous meeting, but staff advertised a public hearing for this case on the agenda. Chairman Turner opened the public hearing, requesting that citizens not repeat comments that were made at the last meeting. 9 July 7, 2022 Planning Commission Minutes Ken Underwood, 14715 Oak Street, Magnolia Springs, AL 36555, spoke regarding the drainage review conducted by John Cameron. Two drawings were submitted, one depicting the pre- project drainage and one depicting the post-project drainage. Pre-project, a total of 21.21 acres drained into the detention pond at the northeast corner of the property. With the revised drawing, it was increased to 31.626 acres, a 49.1 % increase in total area that is discharging into the grady pond with no outlet. When this pond gets to a certain level, it flows across a field to the east, then to the southeast, then flows across four residential lots. One of the homes had been flooded three times in the past. It will be disastrous to the farmland. Jessica McDill stated that she is the Attorney representing Sonny Hill Farms and presented slides she had prepared. She spoke of applicability of State Law to Planning Commissions pertaining to surface water drainage and referenced Art. V.B.2.d. from Fairhope's Subdivision Regulations and Kay-Noojin Development Co. v. Hackett, 45 So. 2d 792 (ala. 1950), that had been sent to the Commissioners prior to the meeting. She also mentioned that this case should be evaluated by whichever standard is higher between the City and the County and referenced 5.11.2, Design System Standards, from Baldwin County's Subdivision Regulations, stating that drainage rights must be secured by the applicant and indicated on the Final Plat if water is being diverted into an unnatural water system or on to private land adjacent to the subdivision. Ms. McDill also referenced Art. V.9.c. regarding off premises drainage easements possibly requiring the Owner to handle runoff into a natural drainage channel. The lower land is being forced to absorb the 49 .1 % increase of water and the Applicant has not secured drainage easements from the property owners. The revised plan does not comply with express regulations and applicable law and violates the Fairhope Subdivision Regulations. Ms. McDill also spoke with the County regarding the width and condition of Pierce Road. Pierce Road does not meet the minimum standards and is a prescriptive right-of-way. 8 lots will have direct access to Pierce Road, but there are no plans to improve the road. A photo was shown of the ditches on the west side of Pierce Road after it had rained on July 5, 2022, and of school traffic on Highway 32. Ms. McDill requested that the case be denied. Herb McKee, 211 Park Drive, stated that he owns farmland east of the proposed project and was concerned that the excess water from the subdivision will destroy farmland and crops. Arthur Hartshorn, 11293 CR 32, stated that he owns 30 acres of farmland and believes that the proposed subdivision will flood properties and farmland. He has seen his neighbors deal with the existing flooding under normal conditions. Curtis Pilot, owner of Sonny Hill Farms on County Road 32, stated that he is concerned with the lack of sidewalks proposed on County Road 32. There is a group of bicyclists that ride on Pierce Road, and he would like sidewalks to be reconsidered as Pierce Road is not wide enough. Chairman Turner closed the Public Hearing and asked Mr. Jinright to address the comments. Mr. Jinright stated that he agrees with the nine conditions recommended by staff. The property moves water in four directions, all directions have been modeled and have been looked at to reduce flows. For the two-year storm, 25.5% less flow is being released then pre-development. The water leaves the pond, hits a level-spreader, enters a wetland area which is a Waters of the US, travels down a blueline stream through the properties that were discussed, under the double 10 July 7, 2022 Planning Commission Minutes culverts on County Road 32 and heads south towards Fish River. A ten-year storm provides 26% reduction in flow, twenty five-year storm provides 17% reduction, and a one-hundred-year storm provides 3% reduction in flow. Councilman Martin asked Mr. Jinright ifhe was stating that there would be no adverse effects on patrons who would reside downstream of the proposed development. Mr. Jinright stated that is correct because they model larger than just the project per the Subdivision Regulations. Councilman Martin asked if it was correct that before the runoff gets to Fish River and passes through several properties, it do no harm to those properties. Mr. Jinright stated yes, the project would be releasing less water post-development than it does now at pre-development. Art Dyas stated that the adjacent property owners already have problems and wanted to clarify that Mr. Jinright is stating that the project will not make the existing problems worse. Mr. Jinright stated that was correct. Art Dyas stated that many of the culverts were put in 75-80 years ago and the County does not want to be apart of the problem. Rebecca Bryant stated that it is not the developer's responsibility to fix existing problems, but it is known that the problem is not going to be fixed by the County or another responsible party, and that maybe development should not be allowed there if the problem is going to persist. Councilman Martin stated that he was not sure how feasible staffs condition #9 was because the County has not addressed known problems. Mr. Simmons wanted to clarify one statement on that condition, the County used to send the City comments to be reviewed. With new state bills, Baldwin County now has the ability to review cases as well, but City staff cannot interpret regulations for Baldwin County. Under new laws, Baldwin County has full power to review this case and intends to do so pursuant to their regulations. Rebecca Bryant stated that at this time, there is no assurance from the County that the road or the drainage will be improved. Hollie MacKellar asked what the sewage capabilities were and had concerns about the infrastructure. Mr. Simmons stated that it connects to Baldwin County Sewage, so he was not entirely sure. Mr. Jinright stated that they are not just adding 82 lots, they are also adding a massive amount of infrastructure on site. It should improve the current situation by releasing less flow on the properties downstream. The City has a massive water system improvement project in this area, but this project is fully funding, designing, and constructing a 12-inch watermain that is one mile long. The current line is not dependable for fire protection. Regarding sewer, the site will also have a pump station with gravity sewer. Chairman Turner asked if the traffic study called for any kind of improvements like a blinking light as a lot of accidents have happened on Danne Road. Mr. Jinright stated that this case is also being reviewed by the County. Fairhope's Planning Commission's decision is one of the items that the County is waiting on to finish their review including stormwater and traffic issues. At this point, traffic improvements are not warranted. Baldwin County Highway standards require a minimum of 18-feet of asphalt and a 2-foot grass shoulder. Pierce Road is 19-20-feet of pavement. Councilman Martin asked where they got their numbers in the traffic study and if they included any other developments in the area. Mr. Jinright stated the numbers were obtained from traffic counts. Mr. Simmons stated that during their review, Baldwin County Highway Department has an opportunity on the front end to require Applicants to look beyond the intersections that directly relate to the project. Mr. Jinright stated that he did not do the study, so 11 July 7, 2022 Planning Commission Minutes he does not know if Baldwin County asked for other intersections to be looked at, but Pierce Road is a dead end and just past this project, the road turns to a single-lane road. A citizen mentioned that this subdivision's streets will be used as access to County Road 32. Mr. Simmons replied that the County has recognized that the proposed subdivision will give secondary access to those who reside on Pierce Road when it is flooding. Chairman Turner stated that this project seems to meet the Subdivision Regulations but thinks that sidewalks should be required on Pierce Road. Rebecca Bryant had concerns about the sidewalks encroaching on the wetlands that are part of the drainage capacity for the site. Motion: John Worsham made a motion to approve Case SD 21.51, subject to staff conditions plus an added condition: 1. Remove "FUTURE PHASE 2 AREA" from lot 82. 2. Drainage infrastructure in lot 82 needs to be included in COMMON AREA 1. 3. Add blanket utility/drainage easement to all common areas. 4. Add minimum lot width and area to Site Data Table. 5. Add sidewalk easement along the ROWs of CR 32 and Pierce Road. 6. Developer is responsible for the construction of, and all costs associated with, all off-site water service upgrades determined necessary by the City of Fairhope Water Department. 7. Prior to issuance of any building permit the final construction documents for the water upgrades shall be approved by the City of Fairhope Water Department. 8. All water upgrades shall be installed prior to submittal of Final Plat application. 9. Any drainage or roadway improvements required by Baldwin County shall be completed prior to application for final plat. 10. Sidewalks must be installed along Pierce Road either in the right-of-way or in an easement. Art Dyas seconded the motion and the motion carried with the following vote: AYE: Lee Turner, Art Dyas, John Worsham, and Hollie MacKellar. NAY: Harry Kohler, Rebecca Bryant, and Corey Martin. A brief intermission was taken. SD 22.20 Public hearing to consider the request of the Applicant, Lieb Engineering Company, acting on behalf of the Owner, WCTT Properties LLC, for Preliminary Approval of 309 Ingleside, a 14-unit Multiple Occupancy Project. The property is approximately 1.62 acres and is located on the northeast corner of S. Ingleside Street and Nichols Avenue. PPIN #: 25788 Summary: Casey Potts, City Planner, presented the case summary. Commissioners previously reviewed and recommended approval of the Site Plan application for this project. 12 July 7, 2022 Planning Commission Minutes A 16" water main exists along Ingleside. Two 8" water lines will run from the 16" main and service the buildings on site. Water meters shall be placed together and located to avoid disturbance with protected trees. Sewer will gravity feed to sanitary sewer manholes west of the townhomes and south of the commercial buildings. Power runs along the western and southern borders of the property. Three transformers will be placed on site, but load information is required. Gas is available and the restaurant unit will utilize gas. Gas line from the ROW to the building shall be placed to avoid disturbance with protected trees. Communications will be through AT&T. Trash pickup will be private via a trash dumpster located near the northwest comer of the building and is screened and gated. A traffic study was not triggered for this project. Stormwater is collected in underground pipes and carried to an underwater detention pond located at the middle of the property to discharge to an existing stormwater structure along the west side of Ingleside. A drainage easement will be required before permitting. A 20' landscape strip is provided along Nichols A venue. Landscape plans have not been updated to reflect the dedication of right-of-way along Nichols A venue. Revised landscape plans shall be submitted to and approved by the City Horticulturist. Fifteen percent of the site is greenspace, exceeding the 10% required for a commercial MOP. Recommendation: Staff recommends approval of SD 22.20, subject to the following conditions: 1. Approval of SR 22.06 by the Fairhope City Council. 2. Work with respective utility and planning departments regarding ingress/egress, utility, and drainage easements and show on the Lot Plan and plat. 3. All utilities shall be approved by the respective utility department prior to submitting for building permit. 4. Add a note to the site plan that the mixed-use building shall be restricted from short term rentals. 5. Provide documentation regarding the maintenance responsibilities of the common area. 6. Provide a copy of the covenants and restrictions. 7. Recording of a plat will be required, showing the right-of-way dedication, easements, and all lots. 8. O&M shall be recorded with the Baldwin County Probate. 9. Provide paperwork for Nichols A venue right-of-way dedication. 1 O. Provide revised landscape plans for review and approval by the City Horticulturist. 11. Erosion and Sediment Control Plan shall say the construction entrance will be 20'x50'. Chairman Turner opened the Public Hearing. Gary Gover, 300 Lincoln Street, mentioned that the site had significant historical structures and hoped for further investigation and memorialization of the history. Chairman Turner closed the Public Hearing. Winston Smith addressed Mr. Gover's comment by saying that he and Councilman Martin had met several times and he had also met with someone from the Historical Commission. A house mover has also looked at the house, but it is not feasible to move it. Other ideas to memorialize the history include naming of the park, a monument, a fountain, or artwork. Councilman martin 13 July 7, 2022 Planning Commission Minutes stated that the property will be recognized as "historical" by the state and will be presented to be recognized on a national level. The family of Nancy Lewis will provide photos for the preservation piece at the state and national level. While there is no legal sustenance to preserve the house, the applicants and developers have been working with the family to put a memorial on site. Mrs. Potts reminded Commissioners that there was a condition of approval added to the Site Plan Review regarding sidewalks that may be worth considering for the approval of the MOP. Rebecca Bryant had a suggestion to save money and reduce the size of the drainage bank by increasing the amount of pervious parking if the soils are right. Motion: Art Dyas made a motion to approve Case SD 22.20, subject to staff recommendations plus two added conditions: I. Approval of SR 22.06 by the Fairhope City Council. 2. Work with respective utility and planning departments regarding ingress/egress, utility, and drainage easements and show on the Lot Plan and plat. 3. All utilities shall be approved by the respective utility department prior to submitting for building permit. 4. Add a note to the site plan that the mixed-use building shall be restricted from short term rentals. 5. Provide documentation regarding the maintenance responsibilities of the common area. 6. Provide a copy of the covenants and restrictions. 7. Recording of a plat will be required, showing the right-of-way dedication, easements, and all lots. 8. O&M shall be recorded with the Baldwin County Probate. 9. Provide paperwork for Nichols A venue right-of-way dedication. 10. Provide revised landscape plans for review and approval by the City Horticulturist. 11. Erosion and Sediment Control Plan shall say the construction entrance will be 20'x50'. 12. The sidewalk will extend the full length of the property along S. Ingleside Street. 13. A memorial will be placed upon the property. John Worsham seconded the motion and the motion carried unanimously with the following vote: A YE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, and Corey Martin. NAY:None SD 22.22 Public hearing to consider the request of the Applicant, Sawgrass Consulting, LLC, acting on behalf of the Owner, Eastpark LLC, for Final Plat Approval of Parkstone Subdivision, a 41-lot Major Subdivision. The property is approximately 12.84 acres and is located on the east side of US Highway 98, north side of Parker Road, across from the Fairhope Publix. PPIN #: 32028 Summary: 14 July 7, 2022 Planning Commission Minutes Mike Jeffries, Development Services Manager, presented the case summary. Preliminary approval was granted in September of 2020. The property is zoned PUD with a site plan that was approved in December of 2019. The Site Data Table and Final Plat were shown on the screen. The approved landscape plans called for a 12'Xl2' gazebo on the northern common area, walking trails through the common areas, and benches placed in common areas. The walking paths have been installed and are made of a rock/slag material. The applicant has requested the benches be installed once homes are constructed for fear of theft. Staff does have an invoice from Home Depot for the purchase of the benches. Due to a drainage inlet being installed in the wrong location, the applicant requested permission to shift lots 38 and 39 as the inlet had been placed in the middle oflot 38, preventing a driveway. The shift and slope of the land due to a detention pond made a walking path impracticable. The applicant provided a sketch of the alteration which included two additional pavilions and additional trees and flower beds, which staff supported. Currently, there is one small pavilion around lots 38 and 39 and one small pavilion where the gazebo was shown to go. On the As-Builts, the gazebo is described in detail as a 12'x12' gazebo with a gable roof, rough sawn timber posts, beams, and rafters with a metal roof, but in its place currently is an open, wooden pavilion. The applicant was allowed to use existing infrastructure for this development. A final inspection was performed, and some outstanding items remain. At this time, the developer is requesting items 2, 3, and 5 be removed from the punch list. The road to the lift station is currently gravel and had areas of wash out and erosion. The applicant has lined a drainage swale with filter cloth and rip rap. Due to concerns of this not being a permanent fix, the City reserves the right to reinspect the road after six months and at the discretion of the Water and Sewer Superintendent, require a new solution which could include an asphalt or concrete drive to be installed in the easement to service the lift station at the developer's expense. The drainage inlets have open tops and need safety grates installed. The applicant has agreed to complete this and must have them fabricated. An estimated time was not provided. The Punch List items listed as "incomplete" are as follows: 1. Provide invoice for missing chimney seal for existing manhole behind lot 31 2. Clean out the wet well 3. Install¾ inch water service for lift station 4. Install safety grates on pond inlets 5. Install fence around lift station 6. Abandoned 6" sewer line from wet well headed northwest needs to be capped 7. Provide easement agreements for drainage easement across western adjacent property and reflect the recorded instrument # for the agreement on the plat 8. Install gazebo in northern common area per landscape plans 9. Install missing pavilion as shown on altered plans around lot 38&39 10. Provide copy of invoice for benches not installed in common areas The Applicant either requested to remove items number 2, 3, 5, 8, and 9, or is in disagreement with said items. 15 July 7, 2022 Planning Commission Minutes Recommendation: Staff recommends denial of Case SD 22.22 as it does not meet the preliminary landscape plans, there are several items that are incomplete and do not have a time frame for completion, and there are items that the developer desires to not complete. Chairman Turner asked why this case is being heard. Mr. Jeffries stated that there was pressure from the developer to get it on the agenda. Chairman Turner has never seen a Final Plat recommended for denial and asked if it were denied, would it go through Preliminary Approval again. Mr. Jeffries stated that if it were denied, the applicant could submit a new application for Final Plat Approval. Chairman Turner stated that with the lots being rearranged due to the drainage being installed in the incorrect spot, it does not meet the green space requirements. Rebecca Bryant added that they had required a walking trail to be installed, but now it has been altered to two dead end trails due to the shifting of the lots. Mr. Simmons stated that this was approved as a PUD and comments had been made regarding staff's support of barely meeting green space requirements during that approval. Any Applicant can ask for Final Plat Approval and risk all of the costs of development to end up getting denied. Tom Granger, Sawgrass Consulting, addressed the items that were requested to be removed from the punch list. Item 2, "Clean out the wet well", was done in April due to a preliminary inspection. Mr. Granger requested that they not have to do it again. Item 3, "Install¾ inch water service for lift station", the Owner is willing to put the line in, but needs some direction on where it goes. If the City is willing to do the tap, the service line can be installed. Item 5, "Install fence around lift station", they have reached out to Fairhope Water and Sewer, but have not been able to coordinate a time to meet. Standards require a 50'x50' fence around a lift station, but this is an existing lift station, a 50'x50' fence cannot be put around this structure. The Owner did not request that this item be taken off but needs direction on how it should be oriented. There were issues with the landscape plans as he did not coordinate with the Landscape Architect very well. Chairman Turner asked if Mr. Granger would like to hold this case over for 30 days till the next Planning Commission Meeting. Art Dyas agreed with Chairman Turner's idea to hold the case over. Matt Sankey stated that they did not refuse to put in the gazebo. He had met with staff when the walking trail was moved, and a long list of items were compiled to improve the landscape plan. He had suggested to remove the gazebo, but the plans that came from Mr. Granger did not reflect that. His understanding was that they would build two gazebos, add additional plantings, and change the material of the walkway. There was some confusion with Mr. Jeffries because the As-Builts were inaccurate. Art Dyas stated that it sounds like an issue between he and Mr. Granger, not with staff. Councilman Martin asked Mr. Sankey is he would be able to address the greenspace issue within thirty days. Mr. Sankey replied that they would be able to. Mr. Simmons stated that he had administratively approved the walking trail to be broken up. Chairman Turner opened the public hearing. Gary Gover, 300 Lincoln Street, was concerned about connectivity in the North Fairhope village center and if what is existing is safe enough for pedestrian/bike travel, specifically across Parker Road. Connectivity is needed to footpath along N. Greeno Road towards Rock Creek. Mr. Jeffries responded that there is a crosswalk from the proposed subdivision to the other side of 16 July 7, 2022 Planning Commission Minutes Parker Road with a sidewalk towards Publix and a sidewalk toward Greeno Road and heading north. Chairman Turner closed the public hearing. Motion: Art Dyas made a motion to table Case SD 22.22 to be heard at the next Planning Commission Meeting, less than 30 days away. John Worsham seconded the motion and the motion carried with the following vote: A YE: Lee Turner, Art Dyas, Harry Kohler, and John Worsham. NAY: Rebecca Bryant, Hollie MacKellar, and Corey Martin. SD 22.23 Public hearing to consider the request of the Applicant, Mullins, LLC, acting on behalf of the Owner, Lennar Homes of Alabama, LLC, for Final Plat Approval of Live Oak Estates, a 76-lot Major Subdivision. The property is approximately 33.66 acres and is located at the southwest corner of State Highway 181 and Bay Meadows Avenue. PPIN #: 15078 Summary: Mike Jeffries, Development Services Manager, presented the case summary. The map, aerial, final plat, and site data table were shown on the screen. The property is zoned PUD and has an approved site plan. The asphalt testing failed 7/17 core samples and does not meet the minimum standards. The applicant will be required to add a l" overlayment of asphalt and supply new test reports to be approved by the Public Works Director. Bac-T tests need to be redone. Due to the recent drought conditions, the Fairhope Water Department has suspended doing the tests at this time. The applicant is coordinating with the Water Department to have this test performed as soon as possible. Common area trees and landscaping has been installed. The pond was proposed as a stocked pond for fishing but has not been stocked. Final plat must be recorded within 120 days after the date of final approval. Sidewalks and street trees not installed have a performance bond and performance bond agreement to be installed within two years. The engineer has provided his engineers certificate for the design and construction of the improvements constructed for the subdivision and shall sign the plat once the road deficiencies are corrected. Current walking trails are mowed paths, staff requests a more substantial primitive walking trail. The current owner is different from the one shown on the Baldwin County Parcel Viewer, staff will need confirmation that Lennar Homes of Alabama is the current owner. ALDOT has issued the permit and holds a performance bond for the work required to install a north bound left tum lane and do all necessary grading and drainage work. Follow-Up Activities Required by Staff and the Applicant include a copy of the recorded plat, a copy of the recorded O&M Agreement, the Maintenance and Guaranty (M&G) Agreement executed by the developer -the mayor signs this agreement to fully execute it, (include the instrument # from the recorded plat and include 30 days in paragraph 3). 17 July 7, 2022 Planning Commission Minutes Recommendation: Staff recommends approval SD 22.23, Live Oak Estates Subdivision final plat, with the following conditions: 1. Apply a l" overlayment of asphalt and supply new test reports to be approved by the Public Works Director. 2. Provide Bac-T tests reports to be reviewed and approved by the Water and Sewer Superintendent. 3. Add a future through street sign at Golden Leaf Ave and Hardwood A venue. 4. Provide invoice confirming the pond has been stocked with fish. 5. Provide detail for primitive walking trail to be approved by the Planning Director. 6. Provide Subdivision Performance Bond and Signed Subdivision Performance Bond Agreement to be reviewed and approved by the Planning Director. 7. Confirmation of current owner * Conditions of approval shall be completed prior to the final plat recording ( 120 days). John Worsham asked if the Applicant had agreed to complete all of the items listed in staff's conditions of approval. Mr. Simmons stated that if they don't, the plat will not be signed. Mr. Jeffries gave details on the remaining items, they have agreed to do the overlayment, the Bac-T tests are on hold, they have agreed to the future through street sign, they have not agreed nor disagreed to the stocked pond, they have a walking trail, but staff does not feel that a mowed trail meets the intent. Art Dyas said "primitive" seems open-ended. Mr. Jeffries stated that the last subdivision had a rock/slag trail, they could also do a mulch path with a border. Rebecca Bryant asked about the letter that was received regarding the citizen who stated that they had water going under their house and that the silt fences were failing. Mr. Simmons stated that this issue has been monitored. Chairman Turner stated that the citizen is in the audience and can further explain during the public hearing. Joe Rector, Mullins, LLC, stated that Breland Homes was purchased by Lennar Homes with a transfer of land. The Owner has agreed to the conditions that staff has presented. Chairman Turner opened the Public Hearing. Wayne Hathorn, 19251 State Highway 181, was concerned with flooding problems he has been experiencing in the front and rear of his property. He stated that water is going under his house and a termite inspector advised him of increased moisture, he has had to put plywood over his vents. He requested that the drainage be looked at again before receiving approval. Julie Comer, 9551 Bay Meadows A venue, wanted to know how a traffic study done at preliminary plat would apply now at final plat. She also wanted to know how to get sidewalks installed along Bay Meadows A venue. Chairman Turner responded by saying that traffic studies are done prior to final plat. Final plat approval is ensuring that the subdivision was built as approved at preliminary. He also mentioned that Fairhope Single Tax is starting to build sidewalks on Windmill Road, they could be installed on Bay Meadows A venue as well if neighbors were willing to pitch in if they want them there. 18 July 7, 2022 Planning Commission Minutes Chairman Turner closed the Public Hearing. Mr. Rector stated that their detention exceeds requirements and that discharge rates will be decreased once homes are built. Mr. Simmons added that the Engineer for this project, Todd Wheeler, could not make it to the meeting. Staff has photos of flooding before construction had started and that swales and inlets had been installed. Rebecca Bryant stated that the site is about 30-feet higher than Mr. Hathorn's property at the corner of the site. Mr. Hathorn stated that all of the water from the site goes to the rear of his property, causing flooding and that the inlet is getting backed up. Mr. Rector stated that once there is a fully functioning subdivision, there should be less water leaving the site than before the subdivision was started. Art Dyas stated that they need to do remedial work. Chairman Turner suggested holding the case over for 30 days and having the engineer meet with Mr. Hathorn. Mr. Rector responded that there are millions of dollars invested in the project and that they have gone through the process to get the project approved while meeting all of the requirements. Chairman Turner stated that the Engineer for the project is not present, and he would like the Engineer to look at the site. Mr. Simmons stated that when he went to the site around nine months ago, the site was sheet flowing to Mr. Hathorn's property. Today, the water that was sheet flowing to that property is now going to the detention pond. Chairman Turner suggested either approving the case with the condition that the Engineer meets with staff and Mr. Hathorn to ensure everything is working correctly or holding it over. Mr. Simmons agreed to meet. Attorney Chris Williams clarified that the condition would be to confirm that it was constructed according to the approved design and plans that have already been approved. Mr. Rector had no objection. Motion: Councilman Martin made a motion to approve Case SD 22.23, subject to staff conditions plus an added condition: 1. Apply a l" overlayment of asphalt and supply new test reports to be approved by the Public Works Director. 2. Provide Bac-T tests reports to be reviewed and approved by the Water and Sewer Superintendent. 3. Add a future through street sign at Golden Leaf Ave and Hardwood A venue. 4. Provide invoice confirming the pond has been stocked with fish. 5. Provide detail for primitive walking trail to be approved by the Planning Director. 6. Provide Subdivision Performance Bond and Signed Subdivision Performance Bond Agreement to be reviewed and approved by the Planning Director. 7. Confirmation of current owner. 8. Engineer of Mullins, LLC to meet with a staff member from the Planning Department and the owner of 19251 State Highway 181 to ensure that drainage is working as designed. John Worsham seconded the motion and the motion carried with the following vote: AYE: Lee Turner, Rebecca Bryant, Hollie MacKellar Art Dyas, Harry Kohler, John Worsham and Corey Martin. NAY:None. 19 July 7, 2022 Planning Commission Minutes SD 22.24 Public hearing to consider the request of the City of Fairhope Planning and Zoning Department to accept Resolution Number 2022-03 for a proposed amendment to add Appendix J, Amendments, in the City of Fairhope Subdivision Regulations. Summary: Mike Jeffries, Development Services Manager, presented the amendment summary. This amendment is to add Appendix J at the end of the Subdivision Regulations to show the previous amendments. Appendix J would include the date, the case, and a brief description of the amendment. Recommendation: Staff recommends approval of Case SD 22.24, Resolution Number 2022-03, for the proposed amendment. Chairman Turner opened the public hearing. Having no one present to speak, Chairman Turner closed the public hearing. Motion: Art Dyas made a motion to approve Case SD 22.24, accepting Resolution Number 2022-03, to approve the proposed amendment to the Subdivision Regulations. Rebecca Bryant seconded the motion and the motion carried unanimously with the following vote: A YE: Lee Turner, Rebecca Bryant, Hollie MacKellar Art Dyas, Harry Kohler, John Worsham and Corey Martin. NAY:None. Old/New Business Discussion of club house in The Flats at Easy Bay, SD 21.03. Hunter Simmons stated that the Flats at East Bay are what was approved as Carmel Park Flats, the apartments on Twin Beech. A condition of approval was that the improvements of the roundabout and the tum lanes shall be installed before they receive CO of occupied buildings. The tum lanes are already installed, but he is not sure what the timing of the roundabout will be. They have a club house there as part of the amenities and what their intent was within that condition is that no one will be occupying the apartments, it was not meant to include the club house. The developer is planning to use the club house for staging and as an office during construction. Mr. Simmons asked if any of the Commissioners had any objection with that interpretation of the condition. No one objected. Adjournment John Worsham made a motion to adjourn, and the motion carried unanimously with the following vote: A YE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, and Corey Martin. NAY:None 20 July 7, 2022 Planning Commission Minutes Adjourned at 7:46 p.rn. Allie Knutson, Secretary 21