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HomeMy WebLinkAbout09-07-2023 Planning Commission Minutes[ L September 7, 2023 Planning Commission Minutes The Planning Commission met Monday, September 7, 2023, at 5:00 PM at the City Municipal Complex , 161 N. Section Street in the Council Chambers. Present: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar; Hunter Simmons, Planning and Zoning Director; Mike Jeffries, Development Services Manager; Michelle Melton, City Planner; Chris Williams, City Attorney; and Cindy Beaudreau, Planning Clerk. Absent: Jack Burrell, Clarice Hall-Black, Erik Cortines Chairman Turner called the meeting to order at 5: l O PM. Approval of the Minutes August 15, 2023: John Worsham made a motion to approve the minutes from the August 15, 2023 . Rebecca Bryant seconded the motion and the motion carried unanimously with the following vote : AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar NAY: None. Chris Williams reminded the Planning Commission that they have a 5-person quorum a vote of 4 is required to take any action. A vote of 3-2 would not pass. Old/New Business: John Worsham made a motion to confirm the annual public participation forum for the October 2, 2023, meeting. Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote: A YE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar NAY: None. Consideration of Agenda Items: UR 23.08 Request of Mediacom for an 11 .52.11 Utility Review and approval of the proposed installation of approximately 3,078 LF of coaxial cable in the City ROW in the Tracery subdivision. Summary : Hunter Simmons, Planning and Zoning Director, presented all three cases at one time : Riverhorse, Tracery and Trentino . Mr. Simmons showed the pedestals for the cable and stated that staff does recommend approval, but staff has not received the revised plans. Mr. Simmons stated that an action must be taken during this meeting and listed the actions ofrecommend complete approval, denial, or to table the request. If the Planning Commission recommends approval, Mr. Simmons asked that the approval is conditioned on staff receiving revised plans before releasing construction permits. Brandon Johanson, Mediacom, 1613 Nantahala Beach Road, Gulf Breeze, FL explained that there was a misunderstanding about staff needing revised plans. Mr. Johanson stated that he would provide revised plans to staff this month. Chairman Turner suggested that Mediacom allow the Planning Commission to approve the request subject to receipt of revised plans. f L September 7. 2023 Planning Commission Mmutcs Rebecca Bryant stated that she remembered the revised plans would include a reduction in quantity of the pedestals and that they may be able to be placed behind the houses in Trentino. Mr. Simmons agreed with Ms. Bryant's recollection. The revised plans should include locations of pedestals, reducing the number and locations of other existing equipment from other utilities and try to locate in the same vicinity. Staff recommends approval subject to the following conditions: l. A pre-construction meeting shall be held with the City prior to issuance of any pennits. 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 detennine 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. 4. An additional right-of-way permit may be required for the potholing procedures. 5. Follow-up activities below required by staff and the applicant: 6. 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. 7. Provide draft door hanger for approval at time of pre-construction. 8. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 9. 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. l 0. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day). 11. Utilities boxes shall be concentrated near existing boxes. 12. For pennitting purposes, applicants shall provide subsurface utility engineering quality-level C, unless otherwise required by the Fairhope Building Department. Motion: Hollie MacKellar made a motion to approve UR 23.08, with staff recommendations and revised plans prior to issuance of construction pennits. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar NAY: None. UR 23.11 Request of Mediacom for an 11.52.11 Utility Review and approval of the proposed installation of approximately 3,369 LF of buried coaxial cable in the City ROW in the Riverhorse Subdivision. Staff recommends approval subject to the following conditions: I . A pre-construction meeting shall be held with the City prior to issuance of any permits. 2 [ L September 7, 2023 Planning Commission Minutes 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. 4. An additional right-of-way permit may be required for the potholing procedures. 5. Follow-up activities below required by staff and the applicant: 6. 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. 7. Provide draft door hanger for approval at time of pre-construction. 8. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 9. 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. l 0. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day). 11. Utilities boxes shall be concentrated near existing boxes. 12. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C, unless otherwise required by the Fairhope Building Department. Motion: Rebecca Bryant made a motion to approve UR 23.11, with staff recommendations and revised plans prior to issuance of construction permits. John Worsham seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar NAY: None. UR 23.12 Request of Mediacom for an 11.52.11 Utility Review and approval of the proposed installation of approximately 4,495 LF of buried coaxial cable in the City ROW in the Trentino Subdivision. Staff recommends approval subject to the following conditions: l. 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. 4. An additional right-of-way permit may be required for the potholing procedures. 5. Follow-up activities below required by staff and the applicant: 6. Upon satisfacto1y review and approval by ROW Construction Inspector, as-builts will be submitted to the mapping technician for inclusion in GIS utility maps as needed. 3 [ L September 7, 2023 Planning Commission Minutes 7. Provide draft door hanger for approval at time of pre-construction. 8. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 9. 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. 10. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day). 11. Utilities boxes shall be concentrated near existing boxes. 12 . 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 UR 23 .12, with staff recommendations and revised plans prior to issuance of construction permits. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: A YE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar NAY: None. SD 23.17 Public hearing to consider the request of the Applicant, Dewberry Engineers, Inc ., acting on behalf of the Owner, DR Horton, Inc. -Birmingham, for Final Plat approval for Laurelbrooke Phase I. The property is approximately 59. 72 acres and is located on the east side of State Highway 181 and north of County Road 24 . PPIN #34129 Chris Williams, City Attorney, excused himself from this discussion. Summary: Mike Jeffries, Development Services Manager, presented the request for Phase I of a 51-lot subdivision on the east side of State Highway 181 and north of County Road 24. The subject property is outside of the City of Fairhope municipal limits . Mr. Jeffries showed the zoning and aerial maps and the site plan along with some of the amenities. Mr. Jeffries shared aerials of the tree mitigation area and current photos of some of the amenities. Mr. Jeffries showed a photo of the detention area and explained that a synthetic mat had been added to help with landscaping. Mr. Jeffries shared the following Follow-Up Activities: • The construction of Phase 2 of Laurelbrooke 1s happening simultaneously and nearing completion . • Baldwin EMC, the electrical provider will not provide power until after Final Plat. o Aerators will be connected after Final Plat. • The Lift Station pumps did not meet required City Specifications. The new pumps have been ordered and approved by Fairhope Utilities. Once installed, the city of Fairhope Utilities will inspect and test for compliance. The expected installation date is approximately 2 weeks. • A mulch nature trail has been provided throughout the common areas as shown on the landscape plans . Additionally, the applicant has provided a detail of the train and maintenance plan for these trails which has been included in the Operations and Maintenance plan that will be recorded . o Currently trail has trees/limbs across trail path and needs vegetation removed from trail. 4 I l L September 7, 2023 Planning Commission Minutes • Part of the city's utility acceptance will include the lift station. The property around the lift station must be a lot that can be deeded over to the City of Fairhope. • The accidental removal of the 75" live oak that was going to be the tree house and focal point of the development was discussed at a previous Planning Commission. In short, the tree committee recommended the planting of one 1 0" live oak and 25 additional smaller oaks. • The site is 90% vegetated. An area of common area originally proposed to be undisturbed was inadvertently cleared. Included in the staff packed is the proposed mitigation of additional trees and shrubs planted in the common area designed to match existing vegetation. Sod was also laid for final stabilization. o Planning Commission may wish to have this work bonded similar to the bonding of the utilities and roads. • Landscaping/Screening needs to be added around the northwester retention pond. Preliminary plans showed this area as undisturbed, common area, and shown to be cleared. The Master Plan Rendering showed it to have a stream flowing through it. Now built, it is clearly a retention pond utilized during rain events. o A synthetic mat has been installed, hydroseed applied, has growth and is stabilized. • Invoices provided for: o Street lights o Exercise/Fitness/Play equipment o Fish to stock pond (will be stocked approximately 7 days after the aerator has been operational) Mr. Jeffries shared the following punch list items: • • • • • • • The City of Fairhope Utilities will inspect and test the lift station for compliance . Aerators are installed but will not have power until after Final Plat. Baldwin EMC will not provide power until after Final Plat. Confirmation that they are operating will occur at that time. Landscaping/screening added around retention pond to be approved by Planning Director. Maintain trail per the provided Maintenance Plan . Add General Note that there is a blanket utility and drainage easement over all common areas . The "Lift Station Parcel" needs to be a numbered lot to be deeded to the City of Fairhope . Confirmation from ALDOT all improvements in the ALDOT ROW are completed to their satisfaction. Staff recommends Conditional Approval of SD 23.17 -Laurelbrooke Phase I final plat with the following conditions: l. Completion of the Punch List items listed above. 2. Completion of the Follow-Up Activities listed above. 3. Completed inspection report from the Baldwin County Building Department for structural integrity of the tree house. 4. Solution for Landscape Mitigation and Maintenance. Ms. Bryant asked if there was a format to bond the landscape. Chairman Turner suggested waiting for the engineer to address. 5 ( L September 7, 2023 Planning Commission Minutes Justin Britt, Dewberry, 25253 Friendship Road, Daphne, responded to the concern by Chainnan Turner about plans to keep the mitigated trees alive. Mr. Britt stated that there is not a fonnat to bond the trees, but the owner may verbally agree to keep the trees alive. Ms. Bryant stated that much of the trust is gone following the contractor removing the 75" live oak. Mr. Britt stated that it was the contractor, not the owner, that removed the tree. Ms. Bryant reiterated that, most likely, it would be a contractor watering the landscaping, not the owner. Chairman Turner asked if Phase II had been brought to the Planning Commission. Mr. Simmons stated no, but they should see it soon . Mr. Britt stated it would be next month. Mr. Simmons stated that, typically, there would be ways to mitigate this, but due to jurisdictional changes, this is not in any building jurisdiction. Once this project is over, the only thing staff will have lingering is the maintenance bond for utilities. All the permits for the buildings will come from Baldwin County, so we are unable to hold up COs and we cannot tie it into the existing maintenance bond. A performance bond is not appropriate because the trees have been installed. Other places have come up with a simple warranty bond. Chairman Turner does not believe that we could write a bond now. We are at a point where we have to trust, knowing the lots will be worth more if the areas are more attractive and look nice. Mr. Simmons stated that a representative, stating publicly, committing to keep the trees alive could suffice. Ms. Bryant asked if the homeowners could go after the developer. Could the commitment be enforced by the homeowners and buyers? Mr. Simmons stated that anything stated in a public meeting should be able to be enforced by the City of Fairhope. Mr. Jeffries stated that even with a verbal commitment, a timeline should be listed. He suggests a two-year time limit. Taylor Henseler, DR Horton, 103 Spanish Fort Center, Daphne, committed to keeping the trees alive and stated that they are reinforcing the tree house. Mr. Simmons asked if Baldwin County requires permits for that type of structure. Mr. Henseler stated that he is sure that they do. Chairman Turner opened the public hearing at 5:35pm with no one present to speak, the public hearing was closed at 5:35pm. Motion: John Worsham made a motion to approve SD 23 .17 with staff conditions. Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote : A YE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar NAY: None. ZC 23.04 Public hearing to consider the request of Applicant, Ryan Baker, Walcott Adams Vemeuille Architects, acting on behalf of the owner, Phillip Goodwyn, to rezone property from B-4, Business and Professional District to B3a, Tourist Resort Lodging District. The property is approximately 0 .15 acres and is located at 49 1/493 Pine Avenue. PPIN #14838, #65661 Chainnan Turner explained that zoning cases are different from other cases because the Planning Commission does not vote to approve zoning cases. The Planning Commission votes to recommend whatever the vote may be to the City Council. Mr. Simmons added that the zoning case will be held during two meetings of the City Council. 6 l L September 7, 2023 Planning Commission Minutes Summary: Michelle Melton, City Planner, presented the request of the applicant to rezone the property from B-4 to B3a. Ms. Melton shared the zoning map and a photo of the property. The owners intend to keep the structure as a duplex. Ms. Melton shared the differences between the B-4 and B3a zoning. Staff recommends approval of ZC 23.04. Chainnan Turner asked if restaurants need to be approved by the Board of Adjustments. Ms. Melton agreed. Mr. Simmons added that the request was to be able to use the 2-unit duplex as a short-tenn rental. Any zoning request requires staff to review all other conditions. Chainnan Turner stated that he likes the short-tenn rentals but asked if there were any setback differences between B-4 and B3a. Mr. Simmons stated there are differences in the setbacks and that there is the ability to have the B3a on the cusp of the CBD. Ms. Bryant was confused by the tenn of bed and breakfast. Ms. Simmons stated that is a use of the B3a. If it were a bed and breakfast, another review would be required. Hollie MacKellar stated that there had been discussions about extending the CBD and having an overlap to prepare for the growth. Mr. Simmons stated that there has not been a consensus of extending the CBD. Ryan Baker, 1 South School Street spoke that the owners want to do short tenn rentals. Because this is a small parcel, it would be hard to do mixed use or restaurant. The goal is to tum the duplex into short tenn rental when needed. Owner, Phillip Goodwyn, 497 Pine A venue, explained that an easement is shared between the two properties. The plan is to relandscape behind it to make it more of a hideaway for someone to stay short term. The do not plan to cut any trees or tear any houses down. Chairman Turner opened the public hearing at 5:51 pm. Dean Mosher, 456 Oak A venue, spoke in support of the owners. The public hearing was closed at 5:52pm. Motion: John Worsham made a motion to recommend approval of ZC 23.04 to the City Council. Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote : AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar NAY: None. ZC 23.05 Public hearing to consider the request of Applicant, Jade Consulting, LLC, acting on behalf of the owner, Two Hands Design and Development LLC, to amend Hill Top PUD -Lot 29 setback from 100' to 20'. The property is approximately 1.14 acres and is located on the west side of Section Street and south of Petiole Dr. PPIN #389630 Summary: Hunter Simmons, Planning and Zoning Director, presented the request of the applicant to amend the Hill Top PUD -Lot 29 setback from 100' to 20'. The property annexed in as a PUD . The approved PUD states that the setback is l 00' from the center of Section Street. That is a county regulation for a construction setback. Staff worked with the applicant and agreed that a 30' setback from the front property line is more appropriate. Mr. Simmons shared the zoning and aerial maps and the two revised paragraphs for the Hill Top PUD Ordinance . Mr. Simmons showed the original plat with the l 00' 7 ( L September 7. 2023 Planning Commission Minutes construction setback and the proposed aerial of the 30' setback which would align with the homes . The 30' setback allows a structure to be built on flatter land . Mr. Simmons explained further landscaping will be required to fill in the buffer. Staff recommends approval of ZC 23.05 to amend the front setback for Lot 29 from 100' as measured from the centerline of Section Street to 30' as measured from the property line; and add the two proposed paragraphs clarifying the intent of Lot 29. Mr. Simmons addressed the comments received from the residents. The preliminary plat was approved in 2019 creating Lot 29. At that time, it was unzoned . The property was final platted in August 2020 and in November 2021, the Planning Commission discussed the original PUD which confirmed the uses and went twice to the City Council in 2022. Much of this was approved prior to the sale of some of the homes. Trey Jinright, Jade Consulting, 208 Greeno Road, explained that the request is only to amend the setback from I 00' construction setback to 30' front setback. Chairman Turner asked for the net sum difference. Mr. Jinright stated that it is close to a 20'-30' difference. The goal is to pull it away from the waterway in the back to give flexibility to place the building along the highway. Mr. Jinright envisions this as an entryway into the downtown area as a cornerstone . When the request was originally approved, the uses were restricted to neighborhood use type facilities. With the reduction in the setback, he agreed to add some architectural standards so the structures will have a residential feel. Once the uses are established , the buffers will be included which should address some concerns of the residents . Parking will be on the side or to the rear of the structure. Chairman Turner opened the public hearing at 6 :02pm. Kendall Douglass, 147 Hyacinth, explained that they put an offer on a house prior to the PUD being approved. They did not receive any notifications at that time. He was unaware of any zoning changes prior to receiving notification of this meeting. He does agree with the setback change but is concerned about the parking and is unsure if the buffer will help with noise of a gravel parking lot. He asked about moving the setback on the southern portion of Lot 29. Chairman Turner asked if this would come back for a site plan review. Mr. Simmons stated that it is unlikely unless the height on the mixed use would trigger it and explained that moving the setback is just about the placement of the building which is currently proposed approximately 80' from the south property line. Mr. Simmons explained that there are two more public hearings through the City Council regarding this property where Mr. Douglass would be allowed to speak. Geri Cope, 151 Hyacinth, spoke . She is the middle home. She asked if the building could be placed closer to the north. She asked if ribbons could be tied around the trees so they would not be accidentally cut down . Mr. Simmons explained that the developer has taken great care with the trees in that development. Chairman Turner explained that there are tree protection ordinances. She asked if they would be informed of any future meetings. Mr. Simmons stated that the fully amended ordinance will be advertised and will be placed on two of the City Council agendas. Frank Vitello, 20040 Highway 181, is a real estate broker. He was involved in the sale. He believes the issue is with the RSA not the developer. He is concerned about the clients that will be in the building, specifically the coffee shop and exercise studio. The amount of traffic off Section Street is a concern. Mr. Vitello asked if a restriction can be placed on the volume of traffic. Chairman Turner explained that the PUD has been approved already as is. Ms. Bryant explained that the residents may have been given misinformation prior to the purchase of their home . Ms. Bryant stated that she had not considered the noise of a gravel drive , but a different pervious surface may be better. 8 L September 7, 2023 Planning Commission Minutes The public hearing was closed at 6: l 8pm . Motion: John Worsham made a motion to recommend ZC 23.05 to the City Council to amend the front setback on Lot 29 from 100' from the center of Section Street to 30' from the property line and add two proposed paragraphs to the Ordinance. Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar NAY: None. Executive Session -To discuss pending or potential litigation pursuant to Alabama Code Section 36- 25A-7( a)(3) Attorney Chris Williams made a declaration to move to Executive Session to discuss pending litigation. He does not anticipate any action needed following the Executive Session. Motion: John Worsham made a motion to close the public meeting and move to Executive Session and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar NAY: None. The Commissioners left the dais at 6:20 p.m. The Commissioners returned to the dais at 7:22 p.m. Adjournment John Worsham made a motion to adjourn. A YE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar NAY: None. Lee Turner, Chairman 9