HomeMy WebLinkAbout01-04-2024 Planning Commission MinutesJanuary 4, 2024 Planning Commission Minutes The Planning Commission met Monday, January 4, 2024, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Lee Turner; Rebecca Bryant; Harry Kohler; Clarice Hall-Black; Jay Robinson; Erik Cortinas; Hunter Simmons, Planning and Zoning Director; Mike Jeffries, Development Services Manager; Michelle Melton, Planner; Chris Williams, City Attorney; and Cindy Beaudreau, Planning Clerk. Absent: Holly MacKellar, John Worsham Chairman Turner called the meeting to order at 5:00 PM. Approval of the Minutes December 4, 2023: Jay Robinson made a motion to approve the minutes from the December 4, 2024. Clarice Hall-Black seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; Clarice Hall-Black; Jay Robinson; Erik Cortinas NAY:None. Old/New Business •SD 23.11 Myrick Place -Request of Applicant, Seth Moore, for an additional one-year extension for preliminary plat approval Erik Cortinas made a motion to approve the extension of Myrick Place for one additional year. Clarice Hall-Black seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; Clarice Hall-Black; Jay Robinson; Erik Cortinas NAY:None. Consideration of Agenda Items:
Storm Water Management Program Plan (SWMPP) review and approval. Hunter Simmons, Planning and Zoning Director, recognized and thanked Kim Burmeister for her years of service. Mr. Simmons introduced Nicole Love and explained her experience. Ms. Love presented the Storm Water Management Program Plan proposed changes to the 2024 SWMPP. Rebecca Bryant noted that being a coastal community, water quality is extremely important. Ms. Bryant asked about illicit discharges and stormwater enforcement during construction and how the public may be interested in a summary of both to show how well we are doing or where improvements need to be made. Mr. Simmons stated that there is a reporting criterion of how it is reported to ADEM. Ms. Bryant suggested that if there was problem at a certain address, then it could be highlighted in red when presented to the Planning Commission. Ms. Bryant suggested putting water quality improvements into the sub regulations or merge it into the landscape plans. Ms. Bryant asked about the stormwater medallions. Ms. Love stated that she believes it was a one-time event. Ms. Bryant mentioned the 1
January 4, 2024 Planning Commission Minutes downtown cast iron plates stating that this flows to the bay. Mr. Simmons stated that those plates are on most of the manholes. Ms. Bryant stated that a goal for the city could be to have demonstration projects for every LID measure that we encourage the use of. Ms. Bryant noted that the developers are no longer highlighting the LID measures they are using and only highlighting the performance achievement. Ms. Bryant stated that we need to get back to that. Ms. Bryant noted that there is a requirement in the stormwater pollution ordinance that to not clear land more than 50' from a commercial building and 30' from a residential building. This may need to be emphasized more in the field. Mr. Cortinas stated that four years ago, triggers were added, but a lot in the field are site specific. Mr. Cortinas stated that they ensure that the solid BMPs are followed. Ms. Bryant asked about a stormwater management plan showing where those BMPs will be installed. Mr. Cortinas stated that a BMP is not required for a residence. It is required for a subdivision. Mr. Simmons stated that there is an ESC review on new construction. Mr. Cortinas agreed but it is not common to have an actual plan or drawing where the BMPs are going on a specific lot in a subdivision. Ms. Bryant asked if it would be more helpful to have it in writing. Lee Turner suggested that suggestions and changes be addressed in a separate meeting. Ms. Love shared a video created by Mobile Bay NEP and Thompson Engineering for the Eastern Shore Watershed Management Plan. Erik Cortinas made a motion to accept the Storm Water Management Program Plan as reviewed and presented. Jay Robinson seconded the motion and the motion carried unanimously with the following vote: A YE: Lee Turner; Rebecca Bryant; Harry Kohler; Clarice Hall-Black; Jay Robinson; Erik Cortinas NAY:None. UR 24.01 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed installation of approximately 11,281 LF of buried fiber cable in the City ROW in Colony Place. Summary: Hunter Simmons, Planning and Zoning Director, presented the request of C-Spire for an 11.52.11 Utility Review and approval of the proposed installation of approximately 11,281 LF of buried fiber cable in the City ROW in Colony Place. Staff recommends approval of UR 24.01 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 beincreased 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 ofexisting utilities. Reflect the exact elevation of utilities and GPS coordinates of the potholelocations 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:2
January 4, 2024 Planning Commission Minutes 6.Upon satisfactory review and approval by ROW Construction Inspector, as-builts will besubmitted 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.Approved door hangers shall be in place no later than 7 days prior to construction.9. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work.10.Ensure enough space for proposed work is available within existing easement, if not applicant isresponsible for either expanding existing easement or acquiring an additional easement.11.Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day).12.Utilities boxes shall be concentrated near existing boxes.13.For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,unless otherwise required by the Fairhope Building Department.Jay Robinson made a motion to approve UR 24.01 with staff recommendations. Eric Cortinas seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; Clarice Hall-Black; Jay Robinson; Erik Cortinas NAY: None. UR 24.02 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed installation of approximately 18,654 LF of buried fiber cable in the City ROW in Country Woods -North Hills. Summary: Hunter Simmons, Planning and Zoning Director, presented the request of C-Spire for an 11.52.11 Utility Review and approval of the proposed installation of approximately 18,654 LF of buried fiber cable in the City ROW in Country Woods -North Hills. Staff recommends approval of UR 24.02 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 beincreased 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 ofexisting utilities. Reflect the exact elevation of utilities and GPS coordinates of the potholelocations 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 besubmitted 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.Approved door hangers shall be in place no later than 7 days prior to construction.9.Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work.10.Ensure enough space for proposed work is available within existing easement, if not applicant isresponsible for either expanding existing easement or acquiring an additional easement.11.Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day).3
January 4, 2024 Planning Commission Minutes 12.Utilities boxes shall be concentrated near existing boxes.13.For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,unless otherwise required by the Fairhope Building Department.Jay Robinson made a motion to approve UR 24.02 with staff recommendations. Clarice Hall-Black seconded the motion and the motion carried unanimously with the following vote: A YE: Lee Turner; Rebecca Bryant; Harry Kohler; Clarice Hall-Black; Jay Robinson; Erik Cortinas NAY:None. UR 24.03 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed installation of approximately 13,784 LF of buried fiber cable in the City ROW in Fairfield of Fairhope. Summary: Hunter Simmons, Planning and Zoning Director, presented the request of C-Spire for an 11.52.11 Utility Review and approval of the proposed installation of approximately 13,784 LF of buried fiber cable in the City ROW in Fairfield of Fairhope. Staff recommends approval of UR 24.03 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 beincreased 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 ofexisting utilities. Reflect the exact elevation of utilities and GPS coordinates of the potholelocations on <;I 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 besubmitted 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.Approved door hangers shall be in place no later than 7 days prior to construction.9.Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work.10.Ensure enough space for proposed work is available within existing easement, if not applicant isresponsible for either expanding existing easement or acquiring an additional easement.11.Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day).12.Utilities boxes shall be concentrated near existing boxes.13.For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,unless otherwise required by the Fairhope Building Department.Jay Robinson made a motion to approve UR 24.03 with staff recommendations. Clarice Hall-Black seconded the motion and the motion carried unanimously with the following vote: A YE: Lee Turner; Rebecca Bryant; Harry Kohler; Clarice Hall-Black; Jay Robinson; Erik Cortinas 4
January 4, 2024 Planning Commission Minutes NAY:None. UR 24.04 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed installation of approximately 13,520 LF of buried fiber cable in the City ROW in Fairfield Place of Fairhope. Summary: Hunter Simmons, Planning and Zoning Director, presented the request of C-Spire for an 11.52.11 Utility Review and approval of the proposed installation of approximately 13,520 LF of buried fiber cable in the City ROW in Fairfield Place of Fairhope. Staff recommends approval of UR 24.04 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 beincreased 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 ofexisting utilities. Reflect the exact elevation of utilities and GPS coordinates of the potholelocations 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 besubmitted 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.Approved door hangers shall be in place no later than 7 days prior to construction.9.Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work.10.Ensure enough space for proposed work is available within existing easement, if not applicant isresponsible for either expanding existing easement or acquiring an additional easement.11.Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day).12.Utilities boxes shall be concentrated near existing boxes.13.For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,unless otherwise required by the Fairhope Building Department.Jay Robinson made a motion to approve UR 24.04 with staff recommendations. Erik Cortinas seconded the motion and the motion carried unanimously with the following vote: A YE: Lee Turner; Rebecca Bryant; Harry Kohler; Clarice Hall-Black; Jay Robinson; Erik Cortinas NAY:None. SD 24.02 Public hearing to consider the request of the Applicant, Dewberry on behalf of the Owner, 68V OBV 2020, LLC for final plat approval of Old Battles Village, Phase 6, a 36-lot subdivision. The property is approximately 12.37 acres and is zoned as a PUD. The property is located on the north side of phase 5 of the Hamlet At Old Battles Village. PPIN #380062 5
January 4, 2024 Planning Commission Minutes Summary: Hunter Simmons, Planning and Zoning Director, presented the request of the Applicant, Dewberry on behalf of the Owner, 68V OBV 2020, LLC for final plat approval of Old Battles Village, Phase 6, a 36-lot subdivision. Mr. Simmons shared the zoning and aerial maps. Mr. Simmons shared a photo showing a 27' heritage tree within the property of the Bennington Avenue ROW. The tree was not indicated on the preliminary plat or landscape plan. A solution to the heritage tree issue will be a condition of approval. Staff recommends approval of SD 24.02 subject to the following conditions: 1.Resolution to the Heritage tree conflict.o Staff suggestion: Remove tree and extend road and sidewalks to the north property line.Move barricade and signage accordingly. Submit revised landscape plans to determine ifadditional tree credits are needed.2.Completion of Follow-Up Activities.3.Replacement of the sidewalk panel per the ROW Inspector's letter.Mr. Turner suggested that a live oak tree be placed on both sides of the road. Mr. Jeffries suggested that live oaks be placed 8' from the property line. Mr. Cortinas asked that the driveway for lot 279 be required to be placed on the south side of the lot line so it does not conflict with where the tree will be. Chairman Turner opened the public hearing at 5:45pm. Having no one present to speak, the public hearing was closed at 5:45pm. Erik Cortinas made a motion to approve of SD 24.02 subject to the staff recommendations with adding one live oak on both sides of the road. Clarice Hall-Black seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; Clarice Hall-Black; Jay Robinson; Erik Cortinas NAY:None. SD 24.03 Public hearing to consider the request of the Applicant, S.E. Civil, LLC on behalf of the Owner, The Waters at East Bay, LLC, for final plat approval of The Flats at East Bay, LLC, a 240-unit multiple occupancy project. The property is approximately 20.19 acres and is located at the southwest comer of the intersection of Twin Beech Road and Thompson Hall Road. PPIN #254668Summary: Mike Jeffries, Development Services Manager, presented the request of the Applicant, S.E. Civil, LLC on behalf of the Owner, The Waters at East Bay, LLC, for final plat approval of The Flats at East Bay, LLC, a 240-unit multiple occupancy project. Mr. Jeffries shared the zoning, aerial maps and a colored phase plan. Staff recommends approval of SD 24.03 subject to the following conditions: 1.A letter confirming all onsite Sewer, Water, and drives are to remain privately maintained andis not the responsibility of the City of Fairhope or Baldwin County signed by the developmentand owner.6
January 4, 2024 Planning Commission Minutes 2.Staff approval at the end of each phase prior to issuance of any building Certificate ofOccupancy in the phase including but not limited to the completion of the asphalt.3.Landscape mitigation and planting is completed and approved by the city HorticulturalSupervisor as part of the Phase 5 inspection.4.A complete As-Built set shall be provided as part of the close out of the final phase.Mr. Turner asked why this project is coming to the Planning Commission for final plat approval prior to the road being done around the outside. Mr. Jeffries stated that with the vertical construction underway currently, the road would be tom up during construction. The drainage and curbing have been done so the stormwater runoff is being captured. Mr. Jeffries stated that COs are not being issued on those buildings until we get that completion level done. If vertical construction had not been started, the sewer and drainage could have been put in and then come in with vertical construction of each building. The construction fencing clearly delineates which areas are open to the public and which is not. Mr. Simmons stated that the stormwater pond is stable. Mr. Simmons added that he and Mr. Cortinas have discussed not allowing vertical construction until all the things are done. Sometimes that can be problematic for construction. It may be something that is looked at during code revisions after the Comp Plan is complete. Ms. Bryant remarked that a positive aspect of this project and is integrating the green space and the storm water. She mentioned that other applicants have asked about this. Mr. Jeffries added that the landscape and storm water work well on this project. Chairman Turner opened the public hearing at 5 :55pm. Having no one present to speak, the public hearing was closed at 5:55pm. Clarice Hall-Black made a motion to approve SD 24.03 subject to the staff recommendations. Erik Cortinas seconded the motion and the motion carried unanimously with the following vote: A YE: Lee Turner; Rebecca Bryant; Harry Kohler; Clarice Hall-Black; Jay Robinson; Erik Cortinas 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: Rebecca Bryant made a motion to close the public meeting and move to Executive Session. Clarice Hall-Black seconded the motion and the motion carried unanimously with the following vote: A YE: Lee Turner; Rebecca Bryant; Harry Kohler; Clarice Hall-Black; Jay Robinson; Erik Cortinas NAY:None. 7
January 4, 2024 Planning Commission Minutes The Commissioners left the dais at 5:57pm. The Commissioners returned to the dais at 6:14pm. Adjournment Erik Cortinas made a motion to adjourn. AYE: Lee Turner; Rebecca Bryant; Harry Kohler; Clarice Hall-Black; Jay Robinson; Erik Cortinas NAY: None. Adjourned at 6: 14pm. C.v.-t�u Cindy Be� --8