HomeMy WebLinkAbout05-05-2014 Planning Commission MinutesMay 5, 2014
Planning Commission Minutes
The Planning Commission met Monday, May 5, 2014 at 5:00 PM at the City Municipal
Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; George Roberds, Vice-Chair; Bob Clark; Dick
Charles; Bernie Fogarty; Councilmember Diana Brewer; Hollie MacKellar; Jonathan
Smith, Planning Director; Nancy Milford , Planner; and Emily Boyett, Secretary
Absent: Jennifer Fidler and Tim Kant
Chairman Lee Turner called the meeting to order at 5:00 PM and announced the meeting
is being recorded. The minutes of the April 7, 20 14 meeting were considered and Dick
Charles moved to accept the minutes as written and was 2 nd by Bernie Fogarty. Motion
carried unanimously.
ZC 14.05 Public hearing to consider the request of Preble-Rish, LLC to establish an
initial zoning of PUD(Planned Unit Development) concurrent with conditional
annexation, Steven Pumphrey. The property is located on the east side of State Hwy
181 and the south side of Quail Creek Drive, between Hwy 181 and Quail Creek.
Jonathan Smith gave the staff report saying the subject property consist of approximately
126.37 acres and the applicant is proposing 228 lots along wit h a clubhouse, pool, and a
playground area. The lots are a minimum of 15 ,000 s.f. with many of the lots being
larger. The proposed setbacks are as follows: front -35'; rear -35'; side -10'; and
street side -20'. The applicant is proposing a 35 ' building height; however, staff
recommends maintaining a 30' height due to the surrounding developments. The
applicant is proposing a 20 ' greenbelt easement on the back of lots 25-39. Staff
recommends the greenbelt easement be changed to a tree preservation buffer which will
be part of the lot. Mr. Smith stated the drainage for this development will have to be
designed in accordance with the Subdivision Regul ations and a traffic stud y w ill be
required at the preliminary plat. Staff recommendation is to approve contingent upon the
following conditions:
1. All setback lines shall be no less than the utility easement line on lots;
2. A 20' tree preservation buffer shall be shown on lots 25 -39;
3. The maximum building height shall be 30'; and
4. A traffic stud y shall be required at preliminary plat.
Steve Pumphrey addresse_d the Commission saying the applicant agrees with three of the
conditions but would like to keep the 35' building hei ght. He stated they are proposing
large lots and plenty of open space. He explained there are probably drainage concerns
especially after the recent rains but no drainage study has been done yet, only a
preliminary review. He stated this is only the master plan and overall site plan for the
annexation and zoning approval. Mr. Pumphrey said a traffic study w ill be conducted
with the preliminary plat and the app li cant wi ll have to work w ith ALDOT for any
improvements that are required. He stated a traffic light is proposed at Hwy 181 and Bay
M eadows. Mr. Turner opened the pub lic hearing.
GR Stuardi of Quail Creek said he thought the property was already inside city limits.
He asked if the Planning Commission and City Council turn the development down then
can the owner do something through the County and Mr. Turner responded yes.
James Smith of I 0315 Longleaf Lane stated he owns the 20 acres to the south and does
not have any objections to t he plan or annexation but he do es have concerns w ith the
drainage outfall and connection point s to the south.
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Pl anning Commission Minutes
Having no one else prese nt to speak, Mr. Turner closed the public hearing. Mr.
Pumphrey responded to the public comments sayi ng the drainage has not b een designed
yet but it currently runs north to south. He s tated the water will probably be piped along
Mr. Smith's north property line and around him . He said he does not know what the
applicant will do if this plan is denied but the property is unzoned and they preferred t o
only have to deal with the C ity. Mr. C harles asked if there w ill be any connection to
Divot Loop and Mr. Pumphrey respond ed no. Mr. Turner asked if they looked at
connecting to Quail Creek and Mr. Pumphrey stated the only connection could have been
to Quail Creek Dri ve and there is a C ity ordinance which restricts any connec tion. Mrs.
Brewer questioned th e front setback reduction and developer a nd Mr. Pumphrey
responded the developer is Bellator and the setback reducti on is due to the style h ou se
they are proposing. Mrs. Brewer stat ed ALDOT has said th ey do not have the mone y fo r
improvem ents to Hwy. 181 and she as ked for a comparison of the lot sizes. Mr.
Pumphrey stated the traffic study will dictate what is required and the applicant will
install the necessar y improvements. He said the proposed lots are similar to the larger
lots in Stone Creek. Mr. Turner asked if the 35' building height is for desi gn or a lo ok
and Mr. Pumphrey responded Truland Homes is the builder and they are proposing
houses that will use th e 35' building height. Mr. Turner asked when the amenities are
proposed to be built and Mr. Pumphrey stated the lakes will be built first for drainage and
the clubhouse and amenities will be constructed in the first phase. Mr. Turner asked s taff
if there was a reason not to allow the 35' building height a nd Mr. Smith responded staff
were being good stewards for the surrounding properties that are only built to 30'.
George Roberds made a motion to accept the staff reco mmendation to approve continge nt
upon the following conditions:
1. All setback lines shall b e no less than the utility easement line on lots;
2. A 20' tree preservation buffer shall be s ho wn on lots 25 -39 ;
3 . The maximum building hei ght sha ll be 35'; and
4 . A traffic study shall be required at pre liminary pl at.
Dick Charl es 2 nd the motion and the motion carried un animously.
SD 14.04 Public h earing to consider the request of the City of Fairhope Planning
Department of the proposed amendment to Article V, Section D., 6. Pedestrian
Design Standards of the Subdivision Regulations, Jonathan Smith. Mr. Smith gave
the staff report saying the Planning Commission Chairman expressed concern that the
sid ewalks in various subdiv isions are not always completed in a timely fashion and it was
s uggested that it would be better to have the sidewalks completely built at the time of
fin al plat. Several other Co mmissioners expressed it would be better to h ave the
si dewalk s co mpleted at the time t he subdi v ision is completed and built out, rather than
waiting to pro vide a financial g uarantee and bonding the sidewalks for t wo or more years .
Article V, Section D., 6 . Pedestrian Design Standards curr ently states:
"All streets shall include a pedestrian area comprised of a planting strip and a sid ewalk ,
according to the standard s in Table 5.3 in Appendix A.
The developer may h ave the flexibility to construct the sid ewalk within 2 years of final
plat approval. A letter of credit guaranteeing the construction fo r 125% of the engineer's
estimate is required. At the end of 2 years, all sidewalks shall be completed by either t he
developer or C ity , using the letter of cred it."
Staff proposes to remove the option of providing a financial guarant y for th e construction
of sidewalks and change the word ing as fo ll ows:
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"All streets shall include a pedestrian area comprised of a planting strip and a
sidewalk, according to the standards in Table 5.3 in appendix A. All sidewalks
shall be installed prior to final plat approval."
Staff recommendation is to approve as presented. Mr. Turner opened the public hearing.
Rance Reeh! addressed the Commission with concerns regarding maintenance and costs
for the developers. He stated the sidewalk s are going to get broken during the
construction of the houses and it makes more sense to have them put in after the houses
and make the contractors responsible for them. Mr. Turner explained that Quail Creek
was developed 22 years ago and it still doesn't have continuous sidewalks because it still
isn 't built out. Mr. Reeh! suggested changing the wording to require the sidewalks be
bonded and installed within 3 years from final plat. Mr. Smith stated the current
requirement is 2 years but it hasn 't been enforced because the developers are arguing that
they wi ll be torn up during house construction. Mr. Fogarty asked what the cost is to
install the sidewalks and Andy Bobe stated approximately $22 per l inear foot. Mr.
Roberds stated he understands the concerns and there will be problems on both sides but
having the sidewalks installed on the front end of the development is in the best interest
of the citizens and the community and he is in favor of the amendment. Mr. Smith added
the sidewalks will have to be ADA compliant and it will be the responsibility of the
engineer of record to inspect and verify compliance . Mr. Roberds stated maybe the
concrete strength requirements need to be reevaluated if the sidewalks are being broken
so easily. Bernie Fogarty made a motion to accept the staff recommendation to approve
Article V, Section D ., 6. Pedestrian Design Standards to read as follows:
"All streets shall include a pedestrian area comprised of a planting strip and a
sidewalk, according to the standards in Table 5.3 in appendix A. All sidewalks
shall be installed prior to final plat approval."
Dick Charles 2nd the motion and the motion carried unanimous ly.
IR 14.03 Request of Bobby Faust for and informal review to rezone property from
R-6 to R-4. The property is located on the northeast corner of Bishop Road and Morphy
Avenue. Jonathan Smith gave the staff report saying the property is currently zoned R-6
Mobi le Home Park District and is approximately 3 .02 acres. The adjacent properties are
zoned as follows: north -R-3 High Density Single Family Residential District; east,
west, and south -unzoned. The app licant has not given a specific project for the subject
property but the uses in the R-4 zoning district include: Uses allowed b y right -single
fami ly and two family; Uses subject to special conditions: townhouse, multi-family
apartments, or home occupation; Uses permitted on appeal to the Board of Adjustments:
schools, cemetery, community center, nursing home, convalescent home, clinic, outdoor
rec reational facility , or day care. The app li cant contends that the b enefit to the City
would be to change the zo ning to allow for a more compatible use with the surroundin g
properties that the current R-6 Mobile Home District will allow. Mr. Smith stated the site
would allow approximately 7 units per acre for R-4, whereas R-6 a llows approximately
16 to 22 units. Staff recommendation is to provide insight and comments regarding the
proposed zoning change from R-6 to R-4. Mr . Turner opened the floor for public
comments .
Debra Green of 415 Maple Street -Owns property next door and stated several concerns
and issues. She stated modular home are not conducive to the area and s he would like to
see a desi gn before the Commission just changes the zo ning . She said there are crime
issues associated w ith retirement housing. She a lso stated issues with drainage and traffic
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at this location. Mr. Clark stated he does not find any uses that he would be objective to.
Mr. Fogarty stated he would hate to see a mobile home park at this location and R-4
seems more compatible. Mr. Turner stated he doesn't have any issues with R-6 or R-4.
He said the location is great; it's close to the schools and hospital. He also said he would
like to see a residential PUD. Mrs. MacKellar said she would like to see more details or
even some ideas. Mr. Roberds stated R-4 would be appropriate for this location and a
development will help handle the Green's water issues. He said the entrance would need
to be on Bishop and he is comfortable with an R-4 zoning even without a plan. Mr.
Charles stated he would like to see a plan. Mrs. Brewer stated she would like to see a
plan but even if the R-4 zoning is granted additional approvals are still going to be
required. Mr. Faust thanked the Commission for their comments.
New / Old Business
Public Input Meeting -Mr. Smith stated the Planning Commission's annual Public
Input Meeting will be held June 2, 2014 after the regular meeting. He said it will be
advertised and hopefull y the citizens will come out to give the Commission their
thoughts.
APA National Conference -Mr. Turner thanked the Mayor and City Council for
allowing several Commissioners to attend the Co nference in Atlanta.
Having no further business, George Roberds moved to adjourn and was 2 nd by Bernie
Fogarty. Motion passed unanimously. The meeting was duly adjourned at 6:06 PM.
~~ ~ u:ner, Chairman
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