Loading...
HomeMy WebLinkAbout12-05-2022 Planning Commission MinutesDecember 5, 2022 Planning Commission Minutes The Planning Commission met Monday, December 5, 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; Clarice Hall-Black; Hollie MacKellar; Jack Burrell, City Council Liaison; Hunter Simmons, Planning and Zoning Manager; Mike Jeffries, Development Services Manager; Michelle Melton, City Planner; Allie Knutson, Secretary; and Chris Williams, City Attorney. Chairman Turner called the meeting to order at 5:01 PM. Approval of the Minutes November 7, 2022: Rebecca Bryant made a motion to approve the minutes as presented from the November 7, 2022, meeting. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: A YE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, Clarice Hall-Black, Hollie MacKellar, and Councilman Burrell. NAY:None. Abstain: John Worsham. UR 22.13 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 3,590 LF of buried fiber cable in the ROW starting near 110 Gilbreath Avenue and continuing through the River Mill and River Station Subdivisions. Summary: Hunter Simmons, Planning and Zoning Manager, presented the case summary and showed an aerial of the proposed installation route. Recommendation: Staff recommends approval of UR 22.13 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. 6. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. December 5, 2022 Planning Commission Minutes 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. A representative from AT&T was not present. Motion: Art Dyas made a motion to approve Case UR 22.13, subject to staffs conditions. Councilman Burrell seconded the motion and the motion carried with the following vote: A YE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Clarice Hall- Black, Hollie MacKellar, and Councilman Burrell. NAY:None. ZC 22.16 Public hearing to consider the request of the Applicant, Clifford Street, Jr., acting on behalf of the Owner, Clifford Street and Jean Street as Trustees of the Street Living Trust Dated July 27, 2005, to rezone property from R-1, Low Density Single-Family to Highway Transitional District (HTD). The property is approximately 3.54 acres and is located on the west side of Greeno Road, on either side of the eastern terminus of Farringdon Boulevard. PPIN #: 267236, 257637, 356677 356679 Summary: Michelle Melton, City Planner, presented the case summary. Applicants, Clifford M. Street, Jr. and Kendall Charles Street, as co-trustees of the Street Living Trust, request the subject property be rezoned from R-1, Low Density Single Family Residential District to Highway Transitional District (HTD). The property consists of four parcels, one parcel is located north of Farringdon Boulevard and the rest are lie south of Farringdon Boulevard. There are no immediate plans for development. The special standards listed in this section for the Highway Transitional District are intended to provide an alternative to properties along state highways within the City of Fairhope that are beyond the area of influence of the Village Nodes and Commercial Nodes as contemplated by the City of Fairhope Comprehensive Plan. The HTD is also intended to provide development opportunities consistent with the City's vision for commercial corridors to better serve community needs. The HTD is not an overlay district and does not affect any property owners, other than those who voluntarily apply for rezoning to this district. HTD requires that parcels have a minimum of 100 ft on one side fronting the rights-of-way of U.S. Hwy 98, AL Hwy 104, or AL Hwy 181. PPIN: 257637 does not front U.S. Hwy 98; thus, a re-plat to dissolve 2 December 5, 2022 Planning Commission Minutes the lot line between PPINs 257637 and 356677 is necessary to make one parcel directly adjacent to U.S. Hwy 98. Recommendation: Staff recommends approval of case ZC 22.16, rezoning from R-1 to HTD of multiple parcels along S. Greeno Road, with the following condition: I. Re-plat to dissolve the lot lines between PPINs: 257637 and 356677 (or Lots l and 2 of the Street's Commercial Park Slide 2512-A) so that it is one (I) parcel fronting the ROW of South Greeno Road (US Hwy 98) per the requirements for HTD. Ken Street, Applicant, stated that Sawgrass Consulting is willing to do the replat. Chairman Turner opened the public hearing. Steve Archer, 1 IO Southwark A venue, stated that trees were cut down on the parcel to the east (PPIN # 356679) that abuts his property, causing flooding when water comes off of Greeno Road. He has contacted several entities regarding the flooding, to no avail. Charles Ledogar, 411 Ellington A venue, stated that he thought the rezoning should be held off until the Applicant has proposed plans for the properties and wanted to know where the ingress/egress would be. Chairman Turner replied that the request for rezoning is separate from the building permit. HTD is a zoning district that was created by the City as a way to protect surrounding residential districts while also addressing the issue of empty lots along highway corridors. ALDOT would have the authority for where the ingress/egress would need to be. Art Dyas added that it has been many years since a residence was built on Greeno Road. The Greeno Road Overlay had failed in the past so, staff created the HTD. Councilman Burrell went over the proposed uses allowed in HTD. Mr. Simmons added that some uses are allowed on appeal which would need to be approved by the Board of Adjustments. Mr. Ledogar asked about buffer requirements. Chairman Turner stated that the buffer requirements would depend on what they choose to do with the property. Rebecca Bryant added that significant trees are protected on commercial sites, but not on residential sites. Councilman Burrell asked if the future developer would need to absorb water runoff. Mr. Simmons replied that the developer would need to if the Subdivision Regulations were triggered. One office would not trigger the Subdivision Regulations, but three would. Councilman Burrell asked if it was true that there are times where the developer end sup improving the drainage situation, Mr. Simmons replied that was true sometimes. Chairman Turner closed the public hearing. Motion: John Worsham made a motion to recommend approval of Case ZC 22.16, to City Council, subject to staff recommendations. Hollie MacKellar seconded the motion. 3 December 5, 2022 Planning Commission Minutes Councilman Burrell further stated that the Citizens asked good questions that the City needed to be mindful of. He also mentioned that a professional space next to a residential neighborhood can have benefits. Hollie MacKellar added that developing the property would require grading, a parking lot, and drainage would be looked at as well. The motion carried unanimously with the following vote: A YE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Clarice Hall- Black, Hollie MacKellar, and Councilman Burrell. NAY:None. Resolution 2022-07 Public hearing to consider the request of the City of Fairhope's Planning and Zoning Department to accept Resolution 2022-07 for a proposed amendment to the City of Fairhope Subdivision Regulations regarding the regulation of new subdivisions outside of the Corporate Limits. Summary: Hunter Simmons, Planning and Zoning Manager stated that the City has been working with the County for almost two years to reach a long-term agreement to maintain the Planning Jurisdiction (PJ) outside of city limits. In July, the County is planning on taking over the Extra Territorial Jurisdiction (ETJ) within the Planning Jurisdiction. City Council had a public hearing to bring the building permits back to the city limits. This resolution would bring the PJ back to the city limits now, rather than waiting until July. Attorney Chris Williams clarified that the Planning Jurisdiction is not being reduced, but the City and the Planning Commission will not be enforcing the Subdivision Regulations on projects outside of the city limits within the PJ. The County will be taking over in the City's PJ, but the law also allows the County to back out of the City's PJ and allow the City to manage it again. The County will not agree to allow the City to regulate the Planning Jurisdiction. Art Dyas asked how this would affect the Comprehensive Plan. Mr. Simmons replied that the Comprehensive Plan is visionary, but that some areas within the ET J may annex into the City. Art Dyas asked about the Police Jurisdiction and fire protection, Mr. Simmons replied that those jurisdictions are not changing. Art Dyas clarified that the County will be receiving the impact and permit fees, Mr. Simmons stated that was correct. Art Dyas asked Councilman Burrell if the City's citizens would be subsidizing police and fire protection for the residents within the ETJ. Councilman Burrell stated that the City can collect 50% of the sales tax and lodging tax within the ETJ. Chairman Turner reminded the Commissioners the County would be taking over in July, regardless. Councilman Burrell mentioned that he was concerned with the long-term implications of the control the City has on its borders. The County just zoned a piece of property to the west of the Publix on State Highway 104 as high-density with 15 units per acre next to a residential neighborhood without any input from the City. Chairman Turner stated that Senator, Chris Elliot, did not ask for any input from municipalities regarding the bill that was passed and that it could create a halo affect around the city. The City has more requirements for subdivisions than the County does, and residents are concerned with smaller lots, water runoff, property values and the traffic. He added that cheap subdivisions are not ideal nor safe and that it is disappointing that the County will not share the City's vision for growth. 4 December 5, 2022 Planning Commission Minutes Art Dyas asked about the roundabout at County Road 13 and Fairhope A venue, stating that the northeast corner is not within city limits, but is near property that is within city limits. Councilman Burrell stated that they needed to work diplomatically with the County. Art Dyas suggested approaching unzoned property owners to annex into the City. Mr. Simmons agreed and added that the bill has forced the City to think of where their border is in terms of sports, schools, and police. The Planning Department will still continue to take applications for subdivisions within the ETJ, but will not be able to apply the Subdivision Regulations to them. Chairman Turner opened the public hearing. Gary Gover, 300 Lincoln Street, stated that the County is entering the final stages of their master plan. They are currently ahead of the City's Comprehensive Plan, providing an opportunity for the County and City to work together to ensure both plans mesh together well. He mentioned that the Fairhope Environmental Advisory Board (FEAB) and Daphne's environmental board get together with the County's environmental board quarterly. Chairman Turner closed the public hearing. Mr. Simmons replied to Mr. Gover's comments stating that the County and City's plan cannot match exactly, but that the City has conducted a lot of research to be able to have discussions with the County. Motion: Art Dyas made a motion to accept Resolution 2022-07. 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, Clarice Hall- Black, Hollie MacKellar, and Councilman Burrell. NAY:None. Old/New Business: • Discussion of Subdivision Regulation amendments. Mr. Simmons stated that he would be sending the Commissioners proposed amendments to approve next month to clean up some of the language in the Subdivision Regulations. • Annual Public Input Meeting Gary Gover, 300 Lincoln Street, brought up the financing of the maintenance of subdivisions and looking into what it will cost long-term to maintain the infrastructure and support of services to ensure that community wealth does not decrease. Rebecca Bryant stated that this has been brought up during the Comprehensive Plan meetings. Maintenance of older utilities need to be paid for as well. Balancing the needs for financial sustainability with other needs is important. Mr. Simmons replied that, that is what is trying to be accomplished with the Comprehensive Plan, most plans come with a to-do list. Chairman Turner added that Ms. Bryant made a good point that existing properties need to be looked at. Developers 5 December 5, 2022 Planning Commission Minutes are required to pay for improvements now, but they were not required to in the past, the City paid for everything. Councilman Burrell stated that fees have been increased and that property taxes pay for maintenance of streets, police services, and equipment that is given to the fire department. The City is doing well financially, 45 million dollars of debt has been paid off in the last ten years so there is additional money to be able to pay for improvements. Mr. Simmons stated that there have been fees that have been recalculated or added like aid to construction fees and system development charges. Mr. Jeffries added that the City does not maintain subdivision infrastructure other than what is in right-of ways. Adjournment John Worsham made a motion to adjourn. 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, Clarice Hall- Black, Hollie MacKellar, and Councilman Burrell. NAY:None. Adjourned at 5:59 p.m. Lee Turner, Chairman Allie Knutson, Secretary 6 RESOLUTION NO. 2022-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FAIRHOPE, ALABAMA, TO DISCONTINUE THE REGULATION OF SUBDIVISIONS OUTSIDE OF THE CORPORATE LIMITS WITHIN THE PLANNING JURISDICTION WHEREAS, Baldwin County has provided notice to the City of Fairhope and Fairhope Planning Commission of its intent to assume responsibility for the regulation of subdivisions outside of the corporate limits of the City of Fairhope and within Fairhope's planning jurisdiction pursuant to Alabama Code § l l-52-30(e) based upon changes to the law created by Act 2021-297 (SB I 07); and WHEREAS, the City of Fairhope has been unsuccessful in reaching an agreement with Baldwin County for the regulation of subdivisions in the Fairhope planning jurisdiction outside of the corporate limits by the Fairhope Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: Pursuant to Alabama Code § I l-52-30(e) and the changes created by Act 2021-297 (SB 107), the Fairhope Planning Commission hereby discontinues the enforcement of the Fairhope Subdivision Regulations for any new development outside of the corporate limits of Fairhope within Fairhope's planning jurisdiction. Baldwin County shall assume responsibility for regulation of all new subdivision developments outside of the corporate limits of the City of Fairhope. The City of Fairhope and Fairhope Planning Commission shall not accept any applications for new subdivisions or multiple- occupancy projects located outside of the corporate limits of Fairhope. The Fairhope Planning Commission shall continue to regulate subdivisions, multiple occupancy projects, and other developments pursuant to the Fairhope Subdivision Regulations for projects that have already received preliminary plat, MOP, or similar approval from the Fairhope Planning Commission, or as otherwise set forth under Alabama Code§ 11-52-30 et seq. Page-2- The City of Fairhope planning staff shall work with Baldwin County to transition pending applications for projects located outside of the corporate limits in Fairhope's planning jurisdiction. Nothing in this Resolution modifies, diminishes, or reduces the authority of the Fairhope Planning Commission to regulate subdivisions within the corporate limits of the City of Fairhope. Severability Clause. The sections, paragraphs, sentences, clauses and phrases of this resolution are severable, and if any phrase, clause, sentence, paragraph or section of this resolution shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the Planning Commission without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF FAIRHOPE, ALABAMA AT A REGULAR MEETING THEREOF ON THE 5th DAY OF DECEMBER, 2022. Lee Turner, Chairman