HomeMy WebLinkAbout11-07-2011 Planning Commission MinutesNovember 7, 2011
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The Planning Commission met Monday, November 7th, 2011 at 5:00 PM at the City
Administration Building, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; George Roberds, Vice-Chair; Bob Clark; Gary Moore;
Dick Charles; Tim Kant; Rick Kingrea and Jennifer Fidler. Jonathan Smith, Planning
and Building Director; Nancy Milford, Planner; and Emily Boyett, Secretary
Absent: Jean Wilson
Chairperson Lee Turner called the meeting to order at 5:05 PM and announced the
meeting is being recorded. The minutes of the October 3rd, 2011 meeting were
considered and Rick Kingrea moved to accept the minutes as written and was 2nd by
Jennifer Fidler. Motion carried with two abstentions by Dick Charles and Gary Moore.
SD 11.08 Public hearing for the request of the City of Fairhope Planning and
Building Department for an amendment to Article II, Definitions of the Subdivision
Regulations to establish a definition for Flood Control Structure, Nancy Milford.
Nancy Milford gave the staff report saying staff has recently had subdivision cases in
which the definition of flood control structure was unclear. Staff contacted Mr. Tom
Allen with Neel Shafer (the firm that the City contracted to update the Storm Water
Section of the Subdivision Regulations in 2007) to get clarification on the definition of
flood control structure. Staff recommendation is to include the following definition in
Article II, Definitions, of the City of Fairhope Subdivision Regulations:
Flood Control Structures: those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed specifically
to modify flooding in order to reduce the extent of the area within the City subject to
a “special flood hazard” and water depths associated with flooding. Flood control
structures typically include: hurricane tidal barriers, dams, reservoirs, levees or
dikes. Typically flood control structures are located perpendicular to a stream and
within the stream buffer.
Mr. Turner opened the public hearing, having no one present to speak, he closed the
public hearing. Mrs. Fidler asked if the definition of “stream” refers to a floodway or
gully and Mr. Smith responded it is defined as listed in the ordinance under “stream” but
gullies are not included unless it has wetlands. Mr. Moore asked if the Commission’s
attorney has reviewed the definition and Mr. Smith said he did receive a copy but has not
made any comments. Dick Charles moved to accept the staff recommendation to include
the following definition in Article II, Definitions, of the City of Fairhope Subdivision
Regulations: “Flood Control Structures: those physical structural works for which funds
have been authorized, appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the area within the City
subject to a “special flood hazard” and water depths associated with flooding. Flood
control structures typically include: hurricane tidal barriers, dams, reservoirs, levees or
dikes. Typically flood control structures are located perpendicular to a stream and within
the stream buffer.” Jennifer Fidler 2nd the motion and the motion carried unanimously.
SD 11.10 Public hearing to consider the request of Moore Surveying for Final Plat
approval of the Replat of Lot 1 of Wood Church Subdivision, Seth Moore. The
property is located on the north side of Magnolia Avenue just east of Church Street.
Nancy Milford gave the staff report saying the property is located in the City of Fairhope
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and is zoned B-2 General Business District in the Central Business District. The property
is approximately 6,635 square feet and two lots are proposed. Staff recommendation is to
approve the subdivision contingent upon the following condition:
1) A note shall be placed on the plat stating the following: “A Storm Water Plan and
associated calculations, signed and sealed by the engineer of record, shall be
submitted and shall be reviewed upon Building Permit review and approval. The
property shall be in compliance with all aspects relating to storm water regulations for
the City of Fairhope.
Mr. Turner opened the public hearing, having no one present to speak, he closed the
public hearing. George Roberds moved to accept the staff recommendation to approve
the subdivision contingent upon the following condition: 1) A note shall be placed on the
plat stating the following: “A Storm Water Plan and associated calculations, signed and
sealed by the engineer of record, shall be submitted and shall be reviewed upon Building
Permit review and approval. The property shall be in compliance with all aspects relating
to storm water regulations for the City of Fairhope. Dick Charles 2nd the motion and the
motion carried unanimously.
Tim Kant entered the room at 5:06 PM.
UR 11.14 Request of the Fairhope Single Tax Corporation for an 11.52.11 review
and approval of the proposed construction of approximately 1,300 linear feet of
road and sidewalk, extending Boothe Road, Joe Bullock. The project will run from
the existing intersection of Boothe Road and Nichols Avenue, north to Morphy Avenue.
Nancy Milford gave the staff report saying FSTC has worked for years with Baldwin
County and the City to have this roadway constructed. Currently there is no existing
public right-of-way for this roadway; however, the FSTC has reserved a 40 foot wide
strip of land within the existing leaseholds for this purpose. The proposed roadway will
be approximately 1,300 linear feet long with the roadway being 20 feet wide (two 10 foot
lanes). A sidewalk is also planned for this corridor and will be extended south of Morphy
Avenue to tie to the existing sidewalk located on Boothe Road. The goal of the project is
primarily to decrease the amount of time that local school busses must travel on Greeno
Road. Staff recommendation is to approve the proposed extension of Boothe Road and
sidewalk. Joe Bullock addressed the Commission saying this is a very sensitive area and
they have worked with the City, County, and leaseholders to have the best layout and
save the most trees. He stated they will be working with Gary Ickes and Jennifer Fidler
for tree preservation and to determine the best route. He added this extension will help
cut down the school traffic on Greeno Road and lessen the use of Hawthorne Glen
Subdivision as a cut through. Mr. Charles asked if the triple culverts will handle a 100
year storm and if the trees will be tagged before any cutting is done and Mr. Bullock
responded yes. Mr. Turner asked if they were getting the Utility Review and Approval
prior to doing any more work and Mr. Bullock said yes. Mr. Turner opened the floor to
any public comments. Ken Berner of 159 Hawthorne Circle said any route would be
advantageous to the City, even for hurricanes. He said it will make a lot of difference.
Mr. Clark asked if the Tree Committee has looked at this plan and Mr. Bullock said they
are on the agenda for Wednesday, but he has already spoken with Bobby Green. He
added he has been told they will not be held to the Tree Ordinance because the property
is residential but it their intention to conform to the highest degree possible with the Tree
Committee’s desires. Mr. Brazil addressed the Commission saying he has been working
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on this for 15 years, he is happy it is being looked at and it needs to be done for the
children and citizens. Mrs. Fidler said she has spent many hours out there and most of
the trees will be saved. She said there is only about a 200’ to 300’ section that is
questionable. She said she wants to work with Mr. Bullock and Mr. Ickes to make sure
they have the best route possible to save the most trees with the best quality. She also
recommended looking at an 18’ wide roadway. Mr. Bullock said there are several phases
for this project and the first will be to set up the route, second to set the BMPs in place
and the tree protection, and the third to enforce those during construction. Mr. Charles
asked if the approval is just for the project and not the specific drawing and Mr. Turner
responded yes. Mr. Kant asked about bike lanes and if they could be combined with the
sidewalks. Mr. Bullock said the combination would restrict the location of the roadway
and saving trees. Dick Charles moved to accept the staff recommendation to approve the
proposed extension of Boothe Road and sidewalk. Bob Clark 2nd the motion and the
motion carried unanimously.
Discussion of County Road 13 – Jonathan Smith stated there have been issues with
areas that are County maintained and County right-of-way where subdivisions have been
approved, but the County is requiring major road work. The County is requiring turn-
lanes for subdivisions with 100 lots, specifically Magnolia Commons. He said the
question is whether the Commission wants to keep County Road 13 as it is, as a
residential street. Mr. Kant said Co. Rd. 13 is maintained by the County. He said if the
Commission would like to see it stay like Morphy Avenue or Gayfer Avenue then the
City would have to accept maintenance. He said he would like to keep it residential
especially between Fairhope Avenue and Gayfer Avenue. He asked the Commission to
think about it and to make a recommendation to the City Council. Mr. Charles said he
thinks the Commission should delay for further discussion.
Old/New Business
Northern Greeno Road Corridor – Jonathan Smith said they will have a meeting at the
Nix Center at 6:00 PM.
Gary Moore thanked Jean Wilson and Dick Charles for their service as Chair and Vice-
chair. Bob Clark seconded.
Jennifer Fidler thanked the Single Tax Corporation for their work on the Boothe Road
extension and the work they have done all around town.
Having no further business, Tim Kant moved to adjourn and was 2nd by George Roberds.
Motion passed unanimously and the meeting was duly adjourned at 6:03 PM.
________________________ ________________________
Lee Turner, Chairperson Emily Boyett, Secretary