HomeMy WebLinkAbout03-18-2024 Board of Adjustments Agenda PacketNovember 20, 2023
Board of Adjustments Minutes
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The Board of Adjustments met Monday, November 20, 2023, at 5:00 PM at the City Municipal
Complex, 161 N. Section Street in the Council Chambers.
Present: Anil Vira, Chairman; Cathy Slagle, Vice-Chair; Frank Lamia; Donna Cook; Ryan Baker;
Mike Jeffries, Development Services Manager; Michelle Melton, City Planner; and Cindy
Beaudreau, Planning Clerk.
Chairman Vira called the meeting to order at 5:00 PM.
Approval of Minutes
Cathy Slagle made a motion to approve the minutes from the October 16, 2023, meeting.
Frank Lamia seconded the motion and the motion carried with the following vote:
Aye: Chairman Vira, Cathy Slagle, Frank Lamia, Donna Cook, and Ryan Baker.
Nay: None.
BOA 23.12 Public hearing to consider the request of the Owner, Utilities Board of the City
of Foley dba Riviera Utilities, for a Special Exception – Use on Appeal – to build a substation
on property located east of North Station Drive and south of Gayfer Road Extension. The
property is approximately 1.74 acres. PPIN#: 14972
Michelle Melton, City Planner, presented the request of the Owner, Utilities Board of the City of
Foley dba Riviera Utilities, for a Special Exception – Use on Appeal – to build a substation on
property located east of North Station Drive and south of Gayfer Road Extension. Ms. Melton
shared the zoning and aerial maps along with the proposed layout. The applicant states that the site
was chosen because of its relation to the existing transmission line located along Gayfer Road
Extension. The new site will allow Riviera to shed load off two other electrical substations and
allow for additional capacity around the AL Hwy 104 and 181 locations. There are no wetlands on
the property and the subject property is already devoid of any trees; thus, neither a tree survey nor
a tree protection plan is necessary. The applicant has provided a 10’ landscape buffer which will
screen the subject property from the directly adjacent incompatible uses.
Recommendation:
Staff recommends approval of Case BOA 23.12.
Scott Sligh, Riviera Utilities, reiterated what Ms. Melton shared, specifically their need for
capacity due to growth.
Donna Cook asked if most of the lines were underground. Mr. Sligh responded that coming out of
the substation, they will be underground. The existing line runs from County Road 13 behind
Majors Run, crosses 181 near the Resner property, comes down Blueberry, hits Gayfer and goes
in a straight line all the way to Silverhill. Mr. Sligh continued that their board has enacted a policy
that anything new be placed underground.
November 20, 2023
Board of Adjustments Minutes
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Cathy Slagle asked where the western limit or border where Riviera goes, and Fairhope Utilities
begins. Mr. Sligh stated that they will feed from the Animal Clinic on 181 just south of Vance
Cabinets then feed from there north and west along Mosley Road. When you get to Majors Run,
that will be Fairhope again. When you get north on County Road 13, that’s Baldwin EMC and
south of the intersection to the Marathon Gas Station, Riviera picks up there all the way to
Barnwell.
Mr. Jeffries stated that with the different electrical territories, there is not a distinct, clear, or easy
way to explain where the separations exist. Every project that is reviewed, no matter which board
it goes in front of, the applicant is required to provide a utility availability letter to ensure that staff
has all the appropriate utilities responsible for servicing any new development or application that
is received.
Ryan Baker stated that is it unusual for another utility to be placing a substation on City of Fairhope
property. Mr. Sligh agreed.
Frank Llamia asked how many properties were notified of this project. Mr. Jeffries stated that
properties within 300’ of the project were notified and staff received no comment letters in
response.
Ms. Slagle asked what is south of this property. Mr. Sligh stated that there is a wooded lot south
of the project with a house.
Mr. Baker asked, if this item is approved, what is the next step. Mr. Jeffries replied that Riviera
would submit for building permits. Mr. Jeffries stated that the property was recently annexed into
the City of Fairhope.
Ms. Slagle asked if this has advantages for the City of Fairhope and why did the City annex it. Mr.
Jeffries explained that this will allow the properties adjacent to this property to annex into the City
also. Mr. Sligh added that Riviera wants to work with Fairhope and that was the plan when the
property was purchased. When the law changed and the lines changed, the property ended up in
the County, but it was always the plan to permit this project with the City of Fairhope.
Chairman Vira opened the public hearing at 5:11pm.
Bryan Flowers, alternate Board of Adjustments member, asked what the timeline from
construction to completion would be. Mr. Sligh responded that he would like to start the site work
immediately, but he is unable to get the major pieces of equipment until July 2024. Mr. Sligh stated
that, realistically, the project would be complete near November 2024.
The public hearing was closed at 5:12pm.
Motion:
Donna Cook made a motion to approve BOA 23.12.
Cathy Slagle seconded the motion and the motion carried unanimously with the following vote:
November 20, 2023
Board of Adjustments Minutes
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Aye: Chairman Vira, Cathy Slagle, Frank Lamia, Donna Cook, and Ryan Baker.
Nay: None.
Old/New Business
Mr. Vira asked if there was a December meeting. Mr. Jeffries stated no and that staff will notify
them if there is a meeting in January.
Adjournment
Cathy Slagle made a motion to adjourn.
The motion carried unanimously with the following vote:
Aye: Chairman Vira, Cathy Slagle, Frank Lamia, Donna Cook, and Ryan Baker.
Nay: None.
Adjourned at 5:13 p.m.
____________________________ ________________________
Anil Vira, Chairman Cindy Beaudreau, Secretary
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Applicant desires to operate a mental health counseling office out of an office space located in
the building on Lot 2.
The Fairhope Zoning Ordinance defines 8-4 as follows:
B-4 Business and Professional Dutrtct: This district is intended to provide opportunity for business
establishments of a professional nature and is restricted to offices and busU1esses , which prnvide specific
coiporate functions or professional seivices to the general public.
Article 111, Section A(14).
The Fairhope Zoning Ordinance does not provide for the use "medical office" either in Table 3-
1.
"Professional Office" is the most r elevant existing use to the aforementioned requested use.
The City of Fairhope Zoning Ordinance defines "Professional Office" as follows:
b. Professinnal -a building occupied by a profession and offe1ing professional se1Yices to cliems. ctLStomers,
or patrons which may involve occasiouaJ on-site con ta er with clients. customers or patrons. Examples
include architect accountant. real es tate . engineer. lawyer. or other sim.i.Jar professions .
Article XI , Section 3(b)(3) under "Office Use Categor y."
Professional counseling services may easily fall under "other similar profess ions." There is a
common confidential ity that goes w ith a lawyer and accountant (financial advi sor) and their
clients that professional counseling also requires to its patrons/patients/clients. Also, lnSight
Counseling requires appointments and does not take wal k-ins.
The requested use that is not provided for does not fall under the definition of a clinic because
lnSight Counseling does not diagnose people, it offers professional services to help people post
diagnoses.
The Zon i ng Ordinance defines a Clinic as "a place used for the care, diagnosis and treatment of
ai l ing, infirm, or inj ured persons, and those who are in need of medical and surgical attention,
but who are not provided with board." Article XI, Section B(S)(b) under "Service Use Category."
The review criteria for this case 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: Complies
(b} Compliance with any other approved planning document;
Response: Complies with PUD Ord. 1181.
(c} Compliance with the standards, goals, and intent of this ordinance;
Response: Complies
BOA 24.02 lnSight Counsel ing, LLC
March 18, 2024
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(d) The character of the surrounding property, including any pending development activity;
Response: Already developed in accordance with three (3) lot PUD with commercial (B-4) zoning.
B-4 zoning is also across Windmill Ave. Opposite side of AL Hwy 181 is Baldwin County.
(e) Adequacy of public infrastructure to support the proposed development;
Response: Already developed. Suite within an existing building.
(f) Impacts on natural resources, including existing conditions and ongoing post-development
conditions;
Response: The site utilizes an ex isting drainage system.
(g) Compliance with other laws and regulations of the City;
Response: Complies.
(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: No issues noted.
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 provide mental health counseling services for the community.
(I) Compliance with sound planning principles;
Response: Complies.
(m) Compliance with the terms and conditions of any zoning approval; and
Response: Complies.
(n) Any other matter relating to the health, safety, and welfare of the community.
Response: No issues noted.
Staff Recommendation:
Staff recommends APPROVAL of the request for a use not prov ided for, for lnSight Counseling,
LLC, to provide mental hea lth counseling services in a B-4 Business and Professional District.
BOA 24.02 lnSight Counsel i ng, LLC
March 18, 2024
I I 0
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Dear City of Fairhope and the Board of Adjustments,
I am writing to formally request a special exception for the establishment of a mental
health counseling office at 19973 Highway 181, Suite B-4. As an experienced mental
health professional, I am dedicated to providing vital services to individuals in need
within our community. The proposed counseling office aims to create a supportive and
confidential environment for clients to address a spectrum of mental health concerns,
including but not limited to anxiety, depression, trauma, and relationship issues. The
services provided will encompass individual counseling, group therapy, and workshops
designed to promote emotional well-being and personal growth. The office will operate
during standard business hours, with minimal disruption to the surrounding area. I
believe that the establishment of this counseling office will contribute positively to the
overall health and resilience of our commwrity. I am committed to adhering to all
zoning regulations and ensuring that the counseling office operates in harmony with the
neighborhood. Your consideration of this special exception is greatly appreciated, and I
am open to any further discussions or clarifications required to move this application
forward.
Sincerely,
Ashleigh Strickland
ashleigh@theinsightcounseling.com
205-393-0009
ORDINANCE NO. _i1_a1
AN ORDINANCE AMENDING ORDINANCE NO. 557
KNOWN AS THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE. ALABAMA, as
follows:
The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975,
together with the Zoning Map of the City of Fairhope , be and the same hereby is changed
and altered in respect to that certa in property described below:
The appropriate public notice and hearing of, the Planning and Zoning Commission of the
City of Fairhope, Alabama, has forwarded a favorable recommendation .
The property of William J. Manifold located at the Southwest corner of County Road 27 and
Windmill Road .
Legal Description: (Case number zc 03 11) Moorehaven Retirement Village
Lot 1 and Lot 6 of the Division of Lot 2 of the Doris Manifold Estate as recorded on slide
2116-C in the records of the Office of the Judge of Probate , Baldwin County, Alabama, less
and except the west 100 feet of said Lot 6. Property located in the Northeast quarter of the
Northeast quarter of Section 22, Township 6 South, Range 2 East, Baldwin County,
Alabama.
A map of the property to be re-zoned is attached as Exhibit A
The classification of said property is hereby changed from R2 Sing le Family
Residential To Planned Unit Development (PUD). This property shall hereafter be lawful
to construct on such property any structures permitted by Ordinance No. 557 and to use
said premises for any use permitted or building sought to be erected on said property shall
be in compliance with the building laws of the City of Fairhope and that any structure shall
be approved by the Bu ild ing Official of The City of Fairhope and that any such structure be
erected only in compliance with such laws, including the requirements of Ordinance No .
557 .
The property shall be developed in substantial conformity with the attached site plan
attached as "Exhibit A". Any substantial deviation from the attached site plan, as
determined by the Director of Planning and Building will require re -approval by the Planning
Commission and the City Council of the City of Fairhope , Alabama as a PUD amendment;
That, the following development regulations shall govern :
Tat sizes· The sizes are specified on the site plan .
~ Only 7 duplex residential structure and 2 84 • business and professionaJ
buildings shall be allowed.
Building Height-All structures shall be no more than 30 feet measured as defined in
the Zoning Ordinance.
Lot Coverage· Lot l impervious area to be 13.2%. Lot 2 impervious area to be
13 .1%. Duplex lot impervious area to be 17 .8%.
Setbacks · These are indicated on the site plan.
-
zc 03.11
CITY OF FAIRHOPE
PLANNING AND ZONING COMMISSION COVER SHEET
2 September 2003
Public Hearing to Consider the Request of Bobby Clark and Pat
Achee for a Zoning Change from R2-Single Family Residential to
PUC-Planned Unit Development for Moorehaven Retirement
Village (Generally Located at Windmill and Co. Rd. 27)
Bobby Clark and Pat Achee came before the Commission previously on this
project as an informal review. At that time the Commission gave, generally
speaking, positive input. Based on that input, they have made formal application
to zone the property as a Planned Unit Development.
The property contains approximately 3.6 acres. It is located at the Southwest
corner of Windmill Rd. and County Rd. 27.
Setbacks: Residential lots setbacks between the buildings will be a minimum of
10 feet; 40 feet from Windmill Rd.; and 20 feet from all other property lines. The
office lot will meet the 100 foot 27 setback and 40' from Windmill Road and 20
feet from all other property lines. See the map attached.
Access: A cut is proposed from 27. The developer has contacted the County
regarding the proposal. They should participate in the cost of construction the
tum lane in 27.
Drainage: The developer has been advised that the project will have to be
engineered.
Building Height: All buildings are proposed as single story. However, no height
number has been proposed.
Sidewalks: The developer will be constructing sidewalks on 27 and Windmill that
meet City requirements.
Uses : Only multifamily residential and 84 uses will be permitted, no retail will be
allowed .
Landscaping and Elevations: The developer has provided maps that show the
landscaping and buildings elevations.