HomeMy WebLinkAbout08-01-2022 Planning Commission MinutesAugust I, 2022
Planning Commission Minutes
The Planning Commission met Monday, August 1, 2022, at 5:00 PM at the City Municipal
Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairman; Art Dyas; Harry Kohler; John Worsham; Clarice Hall-Black;
Hollie MacKellar; 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: Rebecca Bryant, Vice-Chair; and Corey Martin, City Council Liaison.
Chairman Turner called the meeting to order at 5:02 PM.
Hunter Simmons, Planning and Zoning Manager, announced that Item A, ZC 22.09, was being
held off of the agenda till next month's meeting per the request of the Applicant. Property lines
are going to be adjusted so the request will need to be readvertised.
Approval of the Minutes:
June 6, 2022, Planning Commission Meeting
Allie Knutson, Secretary, stated that the minutes from the June 6, 2022, Planning Commission
Meeting received a motion, but did not receive a second and needed to be voted on again.
John Worsham made a motion to approve the minutes from the June 6, 2022, meeting.
Harry Kohler seconded the motion and the motion carried unanimously with the following
vote.
A YE: Lee Turner, Art Dyas, Harry Kohler, John Worsham, Clarice Hall-Black, and Hollie
MacKellar.
NAY:None.
July 7, 2022, Planning Commission Meeting
John Worsham made a motion to approve the minutes from the July 7, 2022, meeting.
Harry Kohler seconded the motion and the motion carried unanimously with the following
vote.
A YE: Lee Turner, Art Dyas, Harry Kohler, John Worsham, Clarice Hall-Black, and Hollie
MacKellar.
NAY:None.
SD 22.21 Public hearing to consider the request of the Applicant, David Martin, acting on
behalf of the Owner, FST 404 Oak LLC, for Preliminary Approval of 404 Oak Avenue, a 4-unit
Multiple Occupancy Project. The property is approximately 0.18 acres and is located at 404 Oak
Avenue. PPIN #: 14546
Summary:
Casey Potts, City Planner, presented the case summary.
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There are three residential units and one office unit proposed. All connections and work in City of
Fairhope ROW will require permitting from City of Fairhope. The site will utilize existing water, sewer,
power, and gas services to the building and the services to each unit will be included in the rental rates.
Communications will be provided by AT&T. Trash pickup will be collected via shared rolling cans and
picked up by the City of Fairhope. A traffic study was not triggered for this project. The building is
existing, stormwater will be conveyed through existing stormwater conveyance systems. Sidewalk will
be installed at along Oak Street, within the right-of-way. The applicant met with Public Works and the
approved sidewalk is shown in the plans and is ADA compliant. Three parking spaces have been
provided for the three residential units. One space is handicap and is van-accessible, which ADA
requires. The van-accessible space and its surrounding sidewalk will be made of concrete. An extension
of the concrete sidewalk adjacent to the van-accessible space is required. The remaining spaces and the
access drive will be made of gravel.
Recommendation:
Staff recommends approval of SD 22.21, 404 Oak Avenue MOP, with the following conditions:
1. A replat to remove common lot lines shall be recorded.
2. Extend the concrete along the rear of the ADA-compliant, van-accessible parking space.
Chairman Turner invited the Applicant to speak, but the Applicant was not present.
Chairman Turner opened the public hearing.
Joan Moore, 152 N. Section Street, asked if this building would have apartments or Airbnb units as it
has always been used as an Airbnb. Chairman Turner stated that three residential were being proposed
along with one office unit, but that short-term rentals were allowed.
Chairman Turner closed the public hearing.
John Worsham asked where the bathroom would be on the ground floor because there was not one shown
on the plans. Mr. Simmons stated that Erik Cortinas would be looking at that at time of permit.
Motion:
Art Dyas made a motion to approve Case SD 22.21, subject to staff recommendations.
John Worsham seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner, Art Dyas, Harry Kohler, John Worsham, Clarice Hall-Black, and Hollie
MacKellar.
NAY:None.
SD 22.22 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:
Mike Jeffries, Development Services Manager, presented the case summary.
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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 applicant requested the benches
be installed once homes are constructed for fear of theft. Due to a drainage inlet installed in the wrong
location, the applicant requested permission to shift lots 38 and 39. 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,
including two additional pavilions and additional trees and flower beds, which staff supported. The
walking paths have been installed and are made of a rock/slag material. The path was not built with the
edging to control overgrowth of vegetation and spread of rock/slag material. The 12'xl2' gazebo has
been installed. One pavilion has been installed that overlooks the detention pond, the second pavilion
has been removed, but not installed.
The applicant was allowed to use existing infrastructure for this development. A final inspection was
performed, and some outstanding items remain that the developer has agreed to correct. The work cannot
be completed because the items are on back order. The developer is waiting for rain stoppers and
chimney seals to come in. The Water and Sewer Department will verify that they have all been installed
before signing the final plat. 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 manhole at the intersection of Loris Way and Treadstone Way will be monitored and may require
a modification to include a sweep to the west and a corner of the concrete cut out. The fence around the
lift station has not been completed.
Recommendation:
Staff recommends approval of SD 22.22, Parkstone Subdivision, with conditions:
1. All Water and Sewer items remaining are corrected and approved by the Water and Sewer
Department.
2. The Water and Sewer Department shall re-inspect the road to the lift station as described in the staff
report.
3. The Water and Sewer Department will monitor the manholes and may require some modifications of
the inverts during and/or at the end of the maintenance period.
4. The benches in the common areas shall be installed prior to issuance of the first C/0.
5. The walking trails shall be redone according to the approved detail.
6. The second pavilion shall be installed.
Art Dyas asked Mr. Jeffries if the subdivision was substantially completed aside from the items in staff's
recommendations. Mr. Jeffries replied that it is, a couple of items have not been finished, but there was
work done on some of the inverts, grates have been installed, the striping across Parker Road has been
completed, Public Works has no further comments, and there has been an effort to complete the
remaining items with the weather possibly being part of the delay.
Applicants, Tom Granger with Sawgrass and Chris Brewer, had nothing further to add.
Chairman Turner opened the public hearing. Having no one present to speak, the public hearing was
closed.
Motion:
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Art Dyas made a motion to approve Case SD 22.22, subject to staff recommendations.
John Worsham seconded the motion and the motion carried unanimously with the following vote:
A YE: Lee Turner, Art Dyas, Harry Kohler, John Worsham, Clarice Hall-Black, and Hollie
MacKellar.
NAY:None.
Old/New Business
Discussion of proposed amendments.
Mr. Simmons stated that staff will be scheduling meetings with some of the Commissioners and went
over a timeline for amendments. The proposed timeline includes presenting to City Council regarding
the Moratorium and what projects are approved, in August. In September, there will be an agenda item
for discussion and to receive feedback from Architects, Engineers, and Developers. In October, a list of
items to be adopted will be presented for Zoning Ordinance and Subdivision Regulation amendments.
In November, revisions can be made, and zoning amendments will go to City Council. In 2023, the
Revised Comprehensive Plan will be adopted, and ordinances can be revised. Amendments needing to
be made during the Moratorium have a higher sense of urgency, long-term goals include the
Comprehensive Plan. A list of the potential amendments will be sent to the Commissioners. Zoning
Ordinance Amendments include new zoning districts, such as a Conservation District. Subdivision
Regulation Amendments include new exemptions such as utility and conservation lots, and MOP
closeout procedures. Fire protection amendments for fire flow tests, stormwater, environmental,
greenspace, and road and traffic amendments. There are several procedures that will be looked at
including the County's new zoning districts, MOP's, final plats and bond closeouts, and agendas. Other
items include the Right-of-Way Ordinance, revising the Planning Department's fee schedule, Utility
"DRC" Reviews, Bike/Ped items, and Citizenserve. Michelle Melton, City Planner, looked at other
City's regulations regarding stormwater and what amendments could be made to ours. Waivers could
be required and a pre and post development form that could be signed by the engineer. Stormwater being
diverted onto an adjoining property line has been brought up several times, three options could be the
solution to that issue; limiting discharge to the pre-development flow from a ten-year storm, a signed
waiver from the owner of the adjoining property or designing to retain water for a one-hundred-year
storm but release it at two-year frequency.
Art Dyas asked if this would be doable because the weather is so radical. Mr. Simmons stated that it is
doable and that the regulations being shown are the City of Mobile's. This would give different options
for drainage issues.
Chairman Turner had concerns about the waivers, and utilities, stating that there may be a need for
Planning and Zoning to be more involved. He would also like short-terms rentals to be encouraged and
to have more areas to be able to have short-term rentals, stating that they could help the downtown
business district. Mr. Simmons stated that they may need to approve a use for short-term rentals, short-
term rentals are currently allowed in the CBD. Chairman Turner suggested doing short-term rentals in
the Fruit and Nut District and an overlay may be what is needed. Hollie MacKellar agreed. John
Worsham was concerned about one-night renters damaging homes. Chairman Turner mentioned short-
term rentals for cottages and gave the example of how well short-term rentals are working in Carmel.
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Art Dyas asked where the City stood regarding discussions with the County about the ETJ. Mr. Simmons
stated that the County has not replied to letters that were sent from the Council and the Mayor. Chris
Williams, City Attorney, stated that they had been waiting for the County election as well, but SB-I 07
has some time frame parameters that will be starting next year when we can start applying. Art Dyas
asked how we can build a Comprehensive Plan when we do not know what areas we are going to have
the capability of planning within. Chris Williams replied that the County's position has been to have an
agreement signed and then discuss whether or not the jurisdiction would expand beyond the Corporate
Limits. The original agreement that was proposed by the County is that after a year and a half, the
Planning Jurisdiction will be reduced to the Corporate Limits. A letter was also received from the County
stating that, that was their intent. The City had responded and proposed a uniform Planning, Police, and
Permitting Jurisdiction of about a mile and a half beyond the Corporate Limits. The County wants an
agreement signed first before discussing the uniform boundary. Art Dyas asked who the contact is at the
County. Chris Williams replied that it was their council. Matthew Brown and the Commissioners have
all been involved in the discussions as well.
Adiournment
John Worsham made a motion to adjourn.
Harry Kohler seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner, Art Dyas, Harry Kohler, John Worsham, Clarice Hall-Black, and Hollie
MacKellar.
NAY:None.
Adjourned at 5:38 p.m.
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Lee Turner, Chairman Allie Knutson, Secretary
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