HomeMy WebLinkAbout05-17-2021 Board of Adjustments MinutesMay 17, 2021
Board of Adjustment Minutes
The Board of Adjustment met Monday, May 17th at 5:00 PM at the City Municipal Complex, 161
N. Section Street in the Council Chambers.
Present: Anil Vira, Chairperson; Richard Schneider; Cathy Slagle; John Avent; David Hunter;
Hunter Simmons, Planning and Zoning; Kim Burmeister, Planning and Zoning (minutes);
Chairman Vira called the meeting to order at 5:01 PM.
Minutes: April 19, 2021 minutes were approved unanimously:
1. Avent made a motion
2. Schneider approved the motion
BOA 21.07 "Morphy Avenue Electrical Substation": Public hearing to consider the request of Fairhope
Public Utilities for a Special Exception to allow a Public Utility for property located at 8300 Morphy
Avenue, south side of Morphy approximately 250' east of Salem St. Property is zoned R3PGH.
Engineer of record is Sawgrass Engineering.
PPIN #: 108954
Hunter presented the case:
Summary of Request:
Fairhope Utilities is requesting a public utility use which is not allowed by right but by special exception in
Fairhope's Zoning Ordinance for the property located at 8300 Morphy Ave. The subject property is zoned
R-3PGH. The applicant desires to install a new electrical substation that will allow for Fairhope Utilities to
better serve its customers.
This is not a rezoning request. Public Utilities are allowed with special exception approved by the
Board of Appeals.
This site was selected based on topography and its close proximity to other electrical
infrastructure.
The other site considered (near the ABC store) had more single-family houses adjacent to it than
this one.
It is recognized that this potential site abuts single family development. This proposed site backs
up to five (5) homes in the Hawthorne Glenn subdivision, which is less than other sites
considered. City is tasked with choosing a site that helps the most people.
There may be hydric soils on the south side of this property. A wetland delineation is being
performed and there will be no impact to wetlands, if any exist on site.
There have been some changes to the site plan in the packets:
1. Trees are labeled incorrectly
2. Pad has been moved 30' towards Morphy to avoid impact on two large trees
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Comments
The City of Fairhope Electrical Department is requesting a use on appeal to allow a public utility-an
electrical substation at 8300 Morphy Ave. In 2019, Stewart Engineering performed a comprehensive
engineering report that focused on the age, capacity, and future growth projections for each of the
current six substations. In response, the Fairhope Public Utilities has been upgrading or replacing
substations, as evidenced by the new substation at 621 Nichols Ave.
The Fairhope Avenue Substation was at 106% of the base capacity in 2019. That has increased to 110%
since 2019. Due to its location, the Fairhope Avenue Substation cannot be expanded. A new substation
must be installed to handle the increased capacity needed within the system. Several sites along Morphy
Ave were considered. The proposed site was selected due to topography and proximity to existing
infrastructure.
A proposed site plan is provided. The Fairhope Electrical Department recognizes any substation installed
in the area, in a location that will be most beneficial to the public, will pose concerns to adjacent property
owners. The proposed site plan is provided, but not finalized. The Electric Department is open to ideas
that will mitigate as many concerns as possible, including, but not limited to, location within the site,
screening, plantings, etc. It should be noted that moving the location within the site is limited due to natural
topography of the existing landscape. Reports to address concerns about noise and magnetic fields were
provided by Stewart Engineering and are included for review.
The review criteria for a use appeal is as follows:
Article II. Section C.e(2)
Any other application to the Board shall be reviewed under the following criteria and relief granted
only upon the concurring vote of four Board members:
(a) Compliance with the Comprehensive Plan:
Response: The Comprehensive Plan refers to infrastructure and states the City needs to plan, provide, and
maintain cost-effective and efficient infrastructure that promotes orderly growth and meets environmental
goals.
(b) Compliance with any other approved planning document;
Response: None noted.
(c) Compliance with the standards, goals, and intent of this ordinance;
Response: Complies
(d) The character of the surrounding property, including any pending development activity;
Response: The subject site located at 8300 Morphy Ave is bordered to the west, south, and east by
R-3PGH and to the north by B-4 zoning. Much of the site is surrounded by the detention and
greenspace area of Hawthorne Glenn, Phase Two. There are five single-family residential homes
adjacent to the property. Alternate sites were surrounded by more homes.
(e) Adequacy of public infrastructure to support the proposed development;
Response: No issues noted.
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(f) Impacts on natural resources, including existing conditions and ongoing post-development
conditions;
Response: The southern portion of the site contains hydric soils, which may indicate wetlands, which
contributes to the location of the proposed location of the substation.
(g) Compliance with other laws and regulations of the City;
Response: No issues noted.
(h) Compliance with other applicable laws and regulations of other jurisdictions;
Response: No issues noted.
(i) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts,
and property values;
Response: Feedback to mitigate impacts on adjacent properties is requested.
U) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
Response: No issues noted.
(k) Overall benefit to the community;
Response: The use proposed will enhance an aged outdated system providing better service to
Fairhope Utility customers.
(I) Compliance with sound planning principles;
Response: Staff believes this use is in keeping with sound planning principles.
(m) Compliance with the terms and conditions of any zoning approval; and
Response: No issues noted.
(n) Any other matter relating to the health, safety, and welfare of the community.
Response: No issues noted.
Summary of concerns based on resident comments received:
1. Loss of property values (lack of utility services can also cause a loss of property value)
2. Radiation, emission of EMF (Stewart Engineering report addresses this, says levels are safe)
3. Other uses; could this open the door for more commercial development around this neighborhood
(there is already commercial development around this property, and that is likely to continue. Note
close proximity to Nichols Avenue, heavily developed for commercial activity)
4. Rezoning (note: this property is not being rezoned)
Staff Recommendation:
Staff recommends APPROVAL of the appeal for public utility facility uses at 8300 Morphy Avenue
with the following conditions:
1.) A 20' landscape buffer is provided along Morphy Ave.
2.) A landscape plan be provided showing future trees and plants to mitigate impacts on
adjacent property owners.
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Jeremy Morgan, Electrical Superintendent and Sawgrass Engineering are both here to answer
questions on the development.
Dick Schneider: Is the Nichols Avenue electrical substation project on time and on budget?
Hunter: Jeremy can address this.
Cathy Slagle: Asked for clarification of the process if this is approved, and will it possibly be
rezoned. What was the notification requirement?
Hunter said this is the last step prior to obtaining a permit to begin site work/construction.
Hunter said this site is not being rezoned. As per state requirements, property owners within 300'
were notified via regular mail letter from the Planning and Zoning Department.
John Avent: asked for clarification on the retaining wall/rip wall on western side of the property.
David Martin: Would like more information on the site location changes. Hunter said they were
technical reasons for choosing this site, but one basic reason is the elevation was more suitable
to a substation. Trees can be saved at this site as well.
Dick Schneider: Asked about the undeveloped property around the side and back of property, horseshoe
shaped. Hunter said this is deeded common area, drainage area for Hawthorne Glenn, it will remain
undeveloped and is a natural beneficial buffer to the proposed substation site.
Public Hearing:
1. Andrew King, 539 Salem: Doesn't understand the provision that allows utility infrastructure
anywhere on special appeal. The aerials shown as presentations are 4 years old, City should have
used current aerials for true representation. There are nine other homes that will be directly
impacted by this development, plus 50 homes in the entire subdivision. He did not receive a
notification letter. Notification letters were sent out on May 8th and only allowed for a few days
for comments. He thinks city is trying to push this through too fast. City has been working on a
proposed new subdivision site for 2 years, what is the rush? He was under the understanding the
ABC site was a done deal. He does not agree with the Stewart Engineering report that says there
will be "no impact" to surrounding neighbors. He is concerned about the impact on children.
2. Trey Canida, 522 Salem: He abuts the proposed site, which appears will be 25' from his back yard.
He thinks there is a lack of transparency. He is concerned about impacts to the wetlands. Would
like to know what the retaining wall/fence will look like. Are these distribution lines? Property
values will be impacted. He requests BOA delay vote until more information is gathered.
3. James McCarthy, 605 Nathaniel: Reiterated what his neighbors have just said. Asked BOA to
consider this as if it was in their back yard. Do not rush to approve this. He is appalled at the way
the city is handling this, moving too fast with very little information out there.
4. Lee Worsham, 408 Scarlett: Does not understand the special exception to zoning. She echoed the
concerns of her neighbors. She is worried about safety, property values, and the amount of
money the city is spending (taxpayer dollars) with little input from the community. Would like to
know why other locations are not appropriate for this substation.
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5. Ken White, 535 Salem: He is a resident since 2015. He would like BOA to consider the impact to
him and his neighbors. He thinks there will be a constant buzz that he will hear. He is opposed to
the project.
6. Laura Wimmer, 531 Salem: She uses the greenspace shown about the development (common
area) for walking with her family and dogs. She is worried about the impact this will have on the
common area.
7. Joseph Colvin, 238 Hawthorne: He does not abut this site but has concerns. Thinks there is a lack
of transparency.
Anil closed the Public Hearing.
Hunter addressed some of the concerns, questions:
1. Wetlands: No work will be done until delineation is provided. If wetlands are on site, there will be
a 30' buffer observed from the wetlands.
2. Permit will be required before work begins on site. Building Dept. vets for state and federal
permits, such as any needed from the USACOE or ADEM.
3. Retaining wall will be engineered, engineer can address the construction details
4. Safety: EMF (Electric and Magnetic Field) emissions information is available in the packet.
5. City process: City exceeded state requirements for notification. Packets are not required, only
notification via ad in paper.
6. Alternate locations: Fairhope Avenue site could not be expanded because of impact to water
tower, maintenance concerns, technical concerns.
7. Noise: Stewart Engineering addressed this, noise should be at or less than that of a household
appliance at 6' away.
Anil asked about the notification process. Hunter said letters were sent to property owners within 300'
and were sent regular not certified mail. Addresses are derived from Baldwin County Tax site.
Dick asked how many alternate sites were considered. Jeremy said city has been seeking a location in this
area for two years. This one just came on the market and was immediately purchased by city while still
available. Fairhope Avenue site is not a good site for expansion because of it's proximity under or near
water tower.
Hunter: city needs reliable power sources. ABC site would have required a lot of fill and would have been
very costly, this would not have been a wise use of taxpayer money.
Jeremy said the Nichols Avenue site is behind schedule, losing money. There is a lot of substation work
going on around town. This site will affect other substations, delays will affect other substation work. City
is bound by law to expand to accommodate.
Dick asked if any farmlands had been considered. Jeremy stated most farmlands are outside of Fairhope
Electric Service area. Most other sites considered were not sufficient. This was the best choice available.
Anil asked if the Fairhope Avenue substation will be closed. Jeremy said it might eventually become a
training site or might stay as is, won't be expanded upon though.
Anil asked if this site has plans for expansion.
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David asked about the noise: Jack Burrell stated the noise is rated for 63 decibels at 6' away. Dishwashers
are about 56 decibels at 6' away. Noise impact is not significant. Jeremy said even the 20+ year old
substations are relatively quiet, he encouraged a drive by.
Jeremy: substation will service "46" type lines. It will meet all safety standards.
Jack Burrell: This site was purchased fast because the market is moving fast, City purchased as soon as it
was available to avoid losing the site.
John Avent asked if the substation could be elongated instead of being built in a box, to move farther
away from existing residents. Jeremy said no.
Cathy asked about the height: Jeremy said 40' poles angled down. There will be aesthetics added for
buffering.
John asked if substation retaining wall could be moved farther east to accommodate a larger buffer for
the houses.
Jay Robertson with Sawgrass Engineers: said the western property line has a tree line, city wants to avoid
impact of tree line. Retaining wall would be higher if moved east. 6' wall is proposed because of
elevation. He will look at the site plan and consider John's suggestion.
John said BOA needs to review landscape plan before deciding. The wetland delineation needs to be
finalized before decisions are made.
Cathy asked if the heavily wooded area around property will remain? Jay said this is private property, not
owned by the City.
Cathy asked about the red lines on the site plan. These are guy wires and underground wires per Jeremy.
Dick: timeline for new substation?
Mayor Sherry Sullivan: Public hearing is important. New substation in this general area is a must. The
need is urgent. ABC store potential site had drainage issues, which would have been costly to resolve. The
engineer suggested the 8300 Morphy site as the most suitable location. This decision was not made
without considerable consideration and technical advisement. The landscape plan has been ordered. One
suggestion is to approve this project contingent on staff reviewing landscape plan prior to permitting. The
city is dedicated to a stringent landscape plan. Stewart Engineering has stated the noise will be no more
than a household appliance. Noise should be well mitigated by the buffer. City has a responsibility to be
good stewards of taxpayer money, and this is the best option. We are year behind schedule already.
Mayor said it is a capacity issues more so than an expansion issue (larger houses replacing smaller houses,
etc.)
John asked if holding off for 30 days would hurt anything.
Mayor: City needs to move on this to be able to start July 151, to utilize existing contractor from Nichols
Avenue project. This will be the most cost effective. Electric system is currently in jeopardy.
John suggested a special BOA meeting; he has concerns over wetlands and the landscaping buffer. David
agreed. Dick suggests staff draft a list of specific questions and answers to provide to BOA.
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Cathy would like to stick to the regular June BOA meeting instead of a special meeting.
Cathy asked how long this site will take to be developed: Mayor: one year.
Hunter suggested June 10th as the special meeting date, which will allow for advertisements 15 days out.
Jack Burrell: Reminded everyone that all substations are undergoing work, 12M in upgrades. Any hold up
will hold up these projects as well, which also costs taxpayer money.
Anil wants to make sure the revised site plan will show wetlands, if any are present.
MOTION:
John made a motion to table this case for June 10th and requests this information for that meeting:
1. Revised site plan showing wetlands, if any; show elevations on site plan
2. Consideration for moving site to the east if possible
3. Rearrange retaining wall to create a larger buffer, if possible
4. Landscape plan
2nd : Cathy Slagle seconded the motion.
Unanimously tabled for June 10th , special meeting (Hunter to confirm location)
VOTE:
Anil Vera: Aye
Richard Schneider: Aye
Cathy Slagle: Aye
John Avent: Aye
David Martin: Aye
Meeting adjourned at 6:40 p.m.
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' Kim Burmeister, Planning and
Zoning
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