STATE OF ALABAMA SHELBY COUNTY Members Present: Members Absent: Staff Present: SHELBY COUNTY PLANNING COMMISSION MINUTES Regular Meeting March 6, 2017 6:00 PM Michael O Kelley, Chairman; Jim Davis, Vice Chairman; Amy Smith; Bob Land; Rachel Garrett; Bill Kinnebrew; Kenneth Wilder None Chad Scroggins, Development Services Manager; Christie Pannell-Hester, Planning Services Supervisor; Kristine Goddard, Principal Planner; Sharman Brooks, Senior Planner; Josh Johnson, Planner; John Slaughter, Chief Civil Engineer PUBLIC HEARING The meeting was called to order at 6:00 P.M. by Michael O Kelley, Chairman. Commissioner O Kelley introduced the members of the Planning Commission and the staff. There were approximately 10 audience members present in addition to the Planning Commission members and County staff. 1. Approval of the Minutes of the February 6, 2017 Planning Commission Meeting. Commissioner Garrett made a motion to approve the minutes of the February 6, 2017 meeting as distributed and was seconded by Commissioner Davis. By a vote of seven (7-0), with Commissioners O Kelley, Land, Smith, Garrett, Kinnebrew, Davis and Wilder voting in favor, the minutes of the February 6, 2017 meeting were approved. 2. Case No. SN17-002 Hamlets at Shoal Creek, Phase II This is a request from Caroline T. Little, Thompson Realty Company, Inc., for the approval of a final plat to subdivide 1.46 acres into one residential lot and two common area lots to be known as The Hamlets at Shoal Creek Phase II. The subject property is zoned E-1 SD and located off of Dunnavant Valley Road at the end of Troon. Parcel Identification No. 58-03-7-35-0-000-052.000. Ms. Goddard provided the following report to the Planning Commission.
March 6, 2017 Planning Commission Minutes Page 2 Shoal Creek is a private, master planned, single-family residential development and golf course located on County Road 41, across the road from Greystone. The Shoal Creek Subdivision includes 235 platted lots, a golf course with a club house, equestrian center with barns, gate house, the Thompson Realty office, lakes and several heavily wooded lots. An amendment to the Master Plan was approved by the Planning Commission on July 20, 2015 that included a redesign of several lots and a new roadway at the intersection of Carnoustie Dr. and Turnberry Pl. The new Sector will feature cottage style lots to be known as the Hamlets at Shoal Creek. Phase I Phase II The preliminary plat for the Hamlets was conditionally approved by the Planning Commission on November 2, 2015 with final plats to follow in phases. The final plat for Phase One was recorded on November 21, 2016 and included lots H-1 through H-3, 26A, 40A and two common areas. A permit for Lot H-1 was submitted for review and approved for construction in February, 2017. The proposed dwelling is currently under construction. The subject properties proposed in the second phase of the Hamlets are located between Carnoustie Dr. and Troon. This phase will include three parcels and a modification to the approved roadway design. The applicant proposes removing the through street connection to Carnoustie Dr. and terminating Troon in a cul-de-sac. The modification will adjust the shared northern property line of Lot H-4 and designated Common Area to allow for additional buildable area on lot H-4. The shared line
March 6, 2017 Planning Commission Minutes Page 3 will move 15 feet into the Common Area reducing the lot size slightly and increasing the area of H-4 similarly. The decision to remove the through street connection was based on the cost of crossing the drainage way located at the proposed intersection of Carnoustie and Troon. A change in the road design requires Planning Commission approval as it constitutes a major change to the development layout. The number of lots and common areas will remain the same and are consistent with the approved preliminary plat. Lots H-5 through H-8 will be reviewed and recorded in a future phase. The proposed change was reviewed by the Cahaba Valley Fire and EMR District Battalion Chief who recommend no changes to the proposed revision. Shelby County Water service is not available. The subject site is located within the Coosa River Basin. Land disturbance should include Best Management Practices (BMPs) that are designed and installed in accordance with the Alabama Handbook for Erosion Control, Sediment Control and Stormwater Management on Construction Sites and Urban Areas to prevent sediment from entering drainage ways or streams. When disturbance area is one acre or greater, a NPDES Construction Stormwater permit should be acquired from ADEM prior to disturbance. CONCLUSION It is the opinion of staff that the removal of the Carnoustie connection will not adversely affect circulation patterns in the proposed Hamlets. Shoal Creek remains a private, master planned, single-family residential development and golf course. The proposed subdivision meets the requirements of the Subdivision Regulations of Shelby County. Approval of the subdivision should be subject to: Applicant submitting a final plat for recording; and Compliance with the regulations, policies and guidelines of Shelby County. Frazier Christie, engineer for the project was present to answer any questions. No one spoke in support or in opposition to the proposal. There was no further discussion. Commissioner Land made a motion to Approve Case No. SN17-002 Hamlets at Shoal Creek, Phase II with the conditions of the staff report based on the evidence and testimony presented. The motion was seconded by Commissioner Kinnebrew and by unanimous vote of seven (7-0), with Commissioners O Kelley, Kinnebrew, Wilder, Garrett, Smith, Davis and Land voting in favor, the following resolution was approved: WHEREAS, Caroline T. Little, President, Thompson Realty, Inc., property owner, has petitioned the Shelby County Planning Commission for the approval a final plat to subdivide 1.46 acres into one (1) residential lot and two (2) common area lots to be known as The Hamlets at Shoal Creek Phase II. This property is currently zoned E-1 SD, Single Family Estate Special District; and, WHEREAS, subject property is located between Carnoustie Dr. and Troon, in the Chelsea North Dunnavant Valley South Westover North Zoning Beat, zoned E-1 SD and situated in Sections 26 & 35, Township 18 South, Range 1 West; Parcel Identification No. 58-03-7-35-0-000-052.000; and, WHEREAS, the preliminary plat was shown to be consistent with the July, 2015 Master Plan for Shoal Creek and approved by the Planning Commission on November 21, 2015; and WHEREAS, the Phase I final plat was recorded on November 21, 2016 in Map Book 47, Page 7; and
March 6, 2017 Planning Commission Minutes Page 4 WHEREAS, Phase II includes a reconfiguration of Troon that eliminates a connection to Carnoustie Dr. and terminates Troon in a cul-de-sac; and WHEREAS, the removal of the Carnoustie intersection removes a proposed drain and waterway crossing located on the subject property; and WHEREAS, the removal of the Carnoustie intersection will not adversely affect circulation patterns in the proposed Hamlets; and NOW, THEREFORE, BE IT RESOLVED by the Shelby County Planning Commission that the request from Caroline T. Little, President, Thompson Realty, Inc., property owner for the approval a final plat to subdivide 1.46 acres into one (1) residential lot and two (2) common area lots to be known as The Hamlets at Shoal Creek Phase II, currently zoned E-1 SD, Single Family Estate Special District, located between Carnoustie Dr. and Troon, in the Chelsea North Dunnavant Valley South Westover North Zoning Beat, zoned E-1 SD and situated in Sections 26 & 35, Township 18 South, Range 1 West; Parcel Identification No. 58-03-7-35-0-000-052.000be, and the same is hereby Approved subject to: Applicant submitting a record map for approval and recording; and Compliance with the regulations, policies and guidelines of Shelby County, Alabama. 3. SN17-003 Resurvey of Parcels 15-8-34-0-000-006.000 & 15-8-34-0-000-008.001 This is a request from Roland Foster, property owner, for a waiver of Article 3, 3.02, B, 4(d) for the requirement that the local fire chief sign the final plat. The final plat will resurvey two existing parcels, in an area without primary fire coverage, to accommodate a structural encroachment. The subject property is un-zoned and located off of Highway 47 on Lakewood Lane. Parcel Identification Nos. 58-15-8-34-0-000-006.000; 58-15-8-34-0-000-008.001. Mr. Johnson provided the following report to the Planning Commission. The subject property is located on Lakewood Lane, less than ¼ mile southwest of the intersection of Chelsea Road. The subject site is located in an unzoned area of the Columbiana Zoning Beat, in unincorporated Shelby County. The surrounding area is a mix of single family residences and vacant, wooded parcels. The subject property is located in an area without designated primary fire coverage. Article 3, 3.02B.4.d. of the Subdivision Regulations of Shelby County states: d. Required Signatures. Prior to submitting the record map, the applicant shall have secured the signatures of the surveyor, the owners, the mortgagor, AND THE LOCAL FIRE DISTRICT CHIEF. Following approval of the Final Plat, and subject to compliance with the Final Engineering requirements, performance bonds, or maintenance agreements, the Final Plat shall be circulated for the signatures of the County Engineer and the Planning Commission. Fire coverage in Shelby County is typically provided by either municipal fire departments or volunteer fire departments serving individual designated Fire Districts. The property is located in a large area without fire coverage. The area to the north is serviced by Chelsea Fire Department, while the area to the south is serviced by Columbiana Fire Department. The applicant has supplied a letter requesting a waiver of the fire signature requirement on a final plat.
March 6, 2017 Planning Commission Minutes Page 5 The applicant proposes to resurvey two existing parcels for residential purposes. The proposed resurvey is currently under administrative review by Development Services and the Highway Department. *Note: The final recorded map will have notation and be stamped on the Fire Chief line that no primary fire coverage is available. CONCLUSION The proposed subdivision must meet the requirements of the Subdivision Regulations of Shelby County. Approval of the waiver of the required local Fire Chief signature does not constitute approval of the subdivision itself. Additional requirements include: Applicant submitting a final plat meeting all requirements. Compliance with the regulations, policies and guidelines of Shelby County. The following spoke in favor of the proposal. Mr. Donald Monahan, adjacent property owner supported the requested. There was no further discussion. Commissioner Wilder made a motion to Approve Case No. SN17-003 Resurvey of Parcels 15-8-34-0-000-006.000 & 15-8-34-0-000-008.001 with the conditions of the staff report and approval of the fire waiver. The motion was seconded by Commissioner Garrett and by unanimous vote of seven (7-0), with Commissioners O Kelley, Kinnebrew, Wilder, Garrett, Smith, Davis and Land voting in favor, the following resolution was approved: WHEREAS, Roland Foster, owner and applicant, has petitioned the Shelby County Planning Commission for the approval of a waiver of the requirement that the local fire chief sign the final plat; and, WHEREAS, subject property is located at 39 Lakewood Lane, west of Chelsea Road, in the Columbiana Zoning Beat and situated in Section 34, Township 20 South, Range 1 West; Parcel Identification No. 15-8-34-0-000-006.000 and 15-8-34-0-000-008.001; and, WHEREAS, the final plat will resurvey the interior lot lines shared between a 1.08 acre parcel, and a 6.28 acre parcel of land in an area without primary fire coverage; and WHEREAS, the final plat and documents must meet the requirements of the Subdivision Regulations; and WHEREAS, the Shelby Planning County Commission may approve a waiver of the requirement that the local fire chief sign the final plat; NOW, THEREFORE, BE IT RESOLVED by the Shelby County Planning Commission that the request of Roland Foster, for the approval of a waiver of the requirement that the local fire chief sign the final plat to be called Resurvey of Parcels 15-8-34-0-000-006.000 & 15-8-34-0-000-008.001, resurveying the interior lot lines shared between a 1.08 acre parcel, and a 6.28 acre located at 39 Lakewood Lane, west of Chelsea Road, in the Columbiana Zoning Beat and situated in Section 34, Township 20 South, Range 1 West; Parcel Identification No. 15-8-34-0- 000-006.000 and 15-8-34-0-000-008.001, and the same is hereby Approved, subject to: Applicant submitting a revised final plat meeting all requirements. Compliance with the regulations, policies, and guidelines of Shelby County.
March 6, 2017 Planning Commission Minutes Page 6 Approval by the County Attorney regarding the County s liability in approving the waiver of the requirement that the local fire chief sign the final plat. 4. SD17-002 David Sharp DSLD Rezoning A-1 to A-1 SD This is a request from David Sharp, DSLD Management, on behalf of the property owner, for the approval of a change in the zone district boundaries for approximately three acres from A-1 Agricultural District to A-1 SD Agricultural Special District in order to continue the existing landscape design company and primary residence located on the property. The subject property is zoned A-1 and is located at 1178 Dunnavant Valley Road. Parcel Identification No. 58-09-2-09-0-001-007.000. Ms. Brooks provided the following report to the Planning Commission. Site Description The subject property, containing the landscape design company and the applicant s primary residence, is located at 1178 Dunnavant Valley Road; approximately one and one half miles northeast of the intersection of US Highway 280 and Dunnavant Valley Road and one and one half miles southwest of the Mt Laurel/Dunnavant Square area along Dunnavant Valley Road. The subject property is currently zoned A-1, Agricultural District. Dunnavant Place (a.k.a. Highland Lakes 25 th Sector; recorded December 2005) is located adjacent to the subject property to the west and is zoned E-2 SD, Estate Residential Special District. Mt Laurel Organic Farm and Produce is located across Dunnavant Valley Road from the subject property to the east and is zoned A-1, Agricultural District. Other properties in the immediate area are zoned A-1, Agricultural or H-Z, Holding Zone and are generally residential uses. In January 2005, zoning was initiated in the Chelsea North-Dunnavant Valley South-Westover North voting beat. The subject property was zoned A-1, Agricultural to accommodate the primary residence. At that time, the landscape design company, operating out of one of the barns, was considered to be incidental to the primary use and became a legal non-conforming accessory use. The subject property is located within the Coosa River Basin. Land disturbance should include Best Management Practices (BMPS) that are designed and installed in accordance with the Alabama Handbook for Erosion Control, Sediment Control and Stormwater Management on Construction Sites and Urban Areas to prevent sediment from entering drainage ways or streams. If the disturbance area is one acre or greater, a NPDES construction permit should be acquired from ADEM prior to disturbance. Low impact development techniques are encouraged to offset the creation of impervious surfaces through development. Existing and Proposed Site Development The site area totals 2.85 acres with over 1,000 linear feet of frontage along Dunnavant Valley Road and a maximum depth of 200 feet in the center of the property. The applicant requests to rezone this property to A-1 SD to bring the entire site into compliance with the permitted land use and dimensional requirements of the Zoning Regulations of Shelby County. According to the applicant, the subject property will continue to be their primary residence. DSLD Land Management Company will also continue to operate at this location. DSLD is a Residential design-build landscape company. Both the residential and business uses have existed on the property since approximately 1998. The majority of the landscape materials are stored off site,
March 6, 2017 Planning Commission Minutes Page 7 however, all machinery along with materials for pending projects are stored on site. Short term goals include the addition of a small scale seasonal retail nursery. The attached site plan identifies existing conditions and the proposed future relocation of the bulk bins for bark, sand and soil. Because of the unusually narrow shape of the property, the existing structures have been constructed in a linear manner with no discernible front yard or rear yard. Existing structures include the 4,300 square-foot primary residence, a 3,000 square-foot barn with office space, a 1,400 square-foot garage, a 1,200 square-foot story and a half barn with stable area and a new equipment shed under construction. A significant stone water feature is also located on site. A new DSLD sign has been constructed recently to replace the old sign. The applicant has requested an increase to the allowable maximum sign area of 96 square feet to 120 square feet of sign area based on the substantial amount of frontage on Dunnavant Valley Road. The maximum allowable signage for a single sign would remain 96 square feet and a maximum of three signs would remain as well as all other applicable sign requirements. The additional signage would be utilized in the future to identify the proposed relocated bulk storage bins and materials that could be ordered and delivered off site. The existing gated access to the site from Dunnavant Valley Road will remain. The existing site has adequate parking to accommodate the residence and the landscape design company. Additional Approvals Required Any amendments, additions, alterations or changes to any of the above standards of the approved site development plan shall require the review and approval of an amendment to the approved site development plan by the Shelby County Planning Commission. Summary The characteristics of the property have not changed since zoning was implemented in 2005. The change in zoning to include Special District does not introduce a commercial zone district or new commercial land uses to the Dunnavant Valley but will bring the entire site into compliance with the permitted land use and dimensional requirements of the Zoning Regulations of Shelby County. David Sharp, applicant, was present to answer any questions. Commissioner Garrett asked about the relationship to the owner. Mr. Sharp explained that the owners are his in-laws. The following spoke in support of the proposal.
March 6, 2017 Planning Commission Minutes Page 8 Representatives from Mt Laurel Farm spoke in support of the request. Mr. Greg Barrow, 1013 Kings Way asked about the bin location and if the SD designation would allow the bins to relocate or if they could relocate today. Ms. Brooks explained that the bins may already be relocated on the site under the current zoning. Mr. Sharp explained further that the new location is a possibility in the future but not definite. The following spoke in opposition to the proposal. Chuck Bush, 1064 Kings Way stated that he was designated to bring four (4) letters of objection from his neighbors. Dave Cobb, 1057 Kings Way stated that he was concerned with the additional noise. He indicated that some additional trees planted on the property boundary could help with the noise. There was no further discussion. Commissioner Kinnebrew made a motion to Approve Case No. SN17-002 David Sharp DSLD Rezoning A-1 to A-1 SD with the conditions of the staff report based on the evidence and testimony presented. The motion was seconded by Commissioner Davis and by unanimous vote of seven (7-0), with Commissioners O Kelley, Kinnebrew, Wilder, Garrett, Smith, Davis and Land voting in favor, the following resolution was approved: WHEREAS, David Sharp, DSLD Management, on behalf of the property owner, has petitioned the Planning Commission for the approval to change zone districts from A-1 Agricultural District to A-1 SD Agricultural Special District for approximately 2.85 acres in order to continue the existing landscape design company and primary residence located on the property; and, WHEREAS, the subject property is located at 1178 Dunnavant Valley Road; Parcel No. 58-09-2-09-0-001-007.000; and, WHEREAS, the primary purpose of zoning land is to provide for the public health, safety and welfare in the development of land by ensuring that property is developed in an appropriate manner within the context of its immediate surrounding and the larger community of which it is a part; and, WHEREAS, special districts are authorized for the purpose of providing optional methods of land development that encourages imaginative solutions to environmental design problems, including infill and existing development; and, WHEREAS, the Special District overlay binds this rezoning request to a specific development proposal and site development plan, including the location of existing buildings and signs; and, WHEREAS, the applicant requested to continue the existing primary residence and landscape design company with the addition of incidental seasonal retail sales; and, WHEREAS, the applicant requested an increase to the allowable maximum sign area of 96 square feet to 120 square feet of sign area based on the substantial amount of frontage on Dunnavant Valley Road; and, WHEREAS, the maximum allowable signage for a single sign will be 96 square feet and the maximum number of signs will be three; and, WHEREAS, all other applicable sign requirements apply; and,
March 6, 2017 Planning Commission Minutes Page 9 WHEREAS, a request for rezoning must be in the interest of and not be detrimental to the health, safety and welfare of the immediate, surrounding and larger community for which the subject parcel is a part of; WHEREAS, the Commission finds that based upon the evidence and testimony presented that this existing use and site development plan are compatible with the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the Shelby County Planning Commission that the request from David Sharp, DSLD Management, on behalf of the property owner, to change zone districts from A-1 Agricultural District to A-1 SD Agricultural Special District for approximately 2.85 acres in order to continue the existing landscape design company and primary residence located on the property and located at 1178 Dunnavant Valley Road; Parcel No. 58-09-2-09-0-001-007.000, and the same is hereby Approved, subject to: Any amendments, additions, deletions, alterations or changes to the approved Special District plan shall require the review and approval of an amendment to the approved Special District plan by the Shelby County Planning Commission. Compliance with the regulations, policies and guidelines of Shelby County There being no further business, Commissioner Wilder made a motion to adjourn. The motion was seconded by Commissioner Kinnebrew and by a unanimous vote of seven (7-0), with Commissioners O Kelley, Kinnebrew, Wilder, Garrett, Smith, Davis and Land voting in favor, the meeting of March 6, 2017 was adjourned at 6:31 P.M. Christie Pannell-Hester Planning Services Supervisor Michael O Kelley, Chairman Shelby County Planning Commission