HomeMy WebLinkAbout02-04-2013 Planning Commission MinutesFebruary 4. 2013
Planning Commission Minutes
The Planning Commission met Monday, February 41\ 2013 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; Jennifer Fidler; Bob
Clark; Dick Charles; Jean Wilson: Councilman Rich Mueller; Jonathan Smith, Planning
and Building Director; Nancy Milford, Planner; Emily Boyett, Secretary and Erik
Cortinas, Building Official
Absent: Tim Kant and Gary Moore
Chairman Lee Turner called the meeting to order at 5:00 PM and announced the meeting
is being recorded. The minutes of the January i\ 2013 meeting were considered and
Dick Charles moved to accept the minutes with two minor grammar corrections and was
2nd by George Roberds. Motion carried unanimously.
SD 13.03 Public hearing to consider the request of Moore Surveying for Preliminary
and Final Plat approval of the McLean -Bethea Division, a 2-lot minor subdivision,
John Bethea. The subject property is located on the northeast corner of the intersection
of County Road 3 and County Road 24. Jonathan Smith gave the staff report saying the
property is approximately 38. 78 acres and is unzoned in Baldwin County with 2 lots
proposed. Each proposed lot is approximately 19 .3 9 acres. Staff recommendation is to
approve contingent upon the following conditions:
1. Submittal of a utility letter from Baldwin County EMC;
2. Revise the fire flow note to be bolder and more visible; and
3. Submittal of a plat reflecting the appropriate electric utility.
Mr. Turner opened the public hearing. Robert Roach, 7382 County Road 24, stated he
owns the property across the street and drainage will be a problem if a subdivision is
built. He said the water naturally flows across the subject property and he does not want
it to be pushed back on him. Having no one else present to speak, Mr. Turner closed the
public hearing. Mr. Smith stated there are no improvements proposed at this time for the
subject property, but if the property is developed it will have to meet the City's drainage
requirements. Mr. Turner stated the division seems to be just for ownership purposes.
Mr. Clark reassured Mr. Roach that the property will be reviewed for drainage if anything
further is done on the property. Bob Clark moved to accept the staff recommendation to
approve contingent upon the following conditions:
1. Submittal of a utility letter from Baldwin County EMC:
2. Revise the fire flow note to be bolder and more visible; and
3. Submittal of a plat reflecting the appropriate electric utility.
Dick Charles 2nd the motion and the motion carried unanimously.
SD 13.04 Public hearing to consider the request of Hutchinson, Moore and Rauch,
LLC for Prelk1inary and Final Plat approval of the Resubdivision of Lot 177-C
Resubdivision, a 3-lot minor division, Tim Lawley. The subject property is located on
the northeast comer of the intersection of US Highway 98 and Rock Creek Parkway.
Jonathan Smith gave the staff report saying the property is approximately 6.32 acres with
three lots proposed and is zoned PUD (Planned Unit Development). He explained there
are different Property Owner Associations (POA) for Rock Creek and it \Vas brought to
his attention that the residential areas are currently paying for the maintenance of the
right-of-way and landscaping at the entrance of Rock Creek. Mr. Smith stated staff
February 4. 2013
Planning Commission Minutes
would like to amend the staff recommendation to add a condition as follows: The
applicant shall work with the existing Rock Creek Property O\\ner Associations to pay
their portion of the landscaping and maintenance costs for the Rock Creek entrance and
right-of-way from US 98 to the bridge. Mr. Smith stated a site plan review is required for
these lots so each lot will come back before the Planning Commission and City Council
for approval. He also stated there is a IO' pedestrian easement on the original subdivision
for this site, but it is not sho\\n on the currently proposed subdivision plat. l'v1r. Charles
said the pedestrian access was put in as a route for the residents of Montrose Woods.
Staff recommendation is to approve the minor subdivision contingent upon the follo\\ing
conditions:
1. Submittal of a flow model meeting the approval of Dan McCrory, City of
Fairhope Water and Sewer Superintendent;
2. Submittal of a revised Operations and Maintenance Plan with minor corrections to
meet the approval of Planning staff;
3. Access to all proposed sewer manholes shall be provided via the proposed utility
easements; the access is required to be approved by the City of Fairhope Water
and Sewer Superintendent;
4. Submittal of a revised plat showing the 100 foot pedestrian easement; and
5. The applicant shall work with the existing Rock Creek Property Owner
Associations to pay their portion of the landscaping and maintenance costs for the
Rock Creek entrance and right-of-way from US 98 to the bridge.
Mr. Clark stated the recommendation makes sense and the owners should pay for their
part of the maintenance and up keep. He added the pedestrian access was part of
connectivity requirements. Tim Lawley of HMR, LLC addressed the Commission saying
the RCPOA has never requested the applicant to assist in fees for maintenance and he
asked if the Commission will require the commercial property owners on the south side
of Rock Creek Parkway to pay their share as well. Mr. Clark asked what the future intent
is for this area and Mr. Lawley responded the two additional lots will be developed,
possibly by a lawyer or doctor. Aaron White, Bancorp South Branch Manager, addressed
the Commission saying the commercial property owners have been working together to
install new lighting and keep it maintained and they all use the same landscaper and keep
the same maintenance schedule. He stated he feels that they have a well working
relationship with the RCPOA and the Commission should not place a requirement on this
property unless all of the other entities are required to do the same. Mr. Turner opened
the public hearing. Having no one present to speak. he closed the public hearing. There
was discussion among the Commissioners regarding requiring the applicant to pay the
RCPOA and Mrs. Wilson. Mr. Mueller and Mr. Turner stated concerns with making it a
requirement. Dick Charles moved to accept the staff recommendation to approve
contingent upon the following conditions:
1. Submittal of a flow model meeting the approval of Dan McCrory, City of
Fairhope Water and Sewer Superintendent;
2. Submittal of a revised Operations and Maintenance Plan with minor corrections to
meet the approval of Planning staff;
3. Access to all proposed sewer manholes shall be provided via the proposed utility
easements; the access is required to be approved by the City of Fairhope Water
and Se,ver Superintendent:
4. Submittal of a revised plat showing the 100 foot pedestrian easement.
Rich Mueller 2r;d the motion a~d the motion carried unanimously.
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Planning Commiss10n Minutes
SD 13.05 Public hearing to consider the request of Julio Corte, Ill for Preliminary
and Final Plat approval of Corte Subdivision, a 2-lot minor division, Julio Corte.
The subject property is located on the west side of Dick Higbee Road, just north of State
Highway 104. Jonathan Smith gave the staff report saying the property is approximately
57.63 acres with two lots proposed and is unzoned in Baldwin County. He stated this is a
possible future site of a Catholic school. Staff recommendation is approve contingent
upon the following conditions:
1. Submittal of a revised plat with all required typos, scaled vicinity map, applicant's
address, finished floor elevations and certificate corrections; and
2. Submittal of a response letter meeting the staffs approval upon the applicant's
return from travel.
Chip Bryars was present to represent the applicant and answer any questions. Mr.
Roberds asked which lot the school would be located on and Mr. Smith and Mr. Bryars
responded they do not know. Mr. Turner opened the public hearing. Having no one
present to speak, he closed the public hearing. Dick Charles moved to accept the staff
recommendation to approve contingent upon the following conditions:
1. Submittal of a revised plat with all required typos. scaled vicinity map, applicant's
address, finished floor elevations and certificate corrections; and
2. Submittal of a response letter meeting the staffs approval upon the applicant's
return from travel.
Jennifer Fidler 2nd the motion and the motion carried unanimously.
Old/New Business
IR 13.03 Southern Light Jonathan Smith stated this case was approved at the January
meeting and has since been permitted. He said there have been some concerns and issues
voiced by a Commissioner regarding the placement and appearance of some of the poles.
He referenced several pictures and informed the Commission the poles in question are
not City poles. Mr. Smith stated the pole belongs to AT&T and the applicant will have to
coordinate with AT&T regarding co-locating on their poles. He explained Scott Sligh,
Electric Superintendent. has provided a letter stating the City's poles are not sufficient to
allow the applicant to share. Mr. Smith stated he and Mr. Sligh have discussed reviewing
and possibly revising the City's franchise and joint use agreements to help accommodate
additional services. He reiterated that the applicant is allowed by the City Ordinances to
do this work, but the City will work harder to make the project less visibly obstructive.
Mr. Charles asked if the poles are treated and Mr. Smith responded yes. Mr. Roberds
stated the applicant has done a great job with the work on Battles Road.
Lee Turner announced this wili be Jean Wilson's last meeting after serving on the
Planning Commission for 12 years. He thanked her for her sen·ice on the Commission.
Mrs. Wilson thanked the Commissioners and Staff for their service and hard work for the
City. The Commissioners and Staff expressed their gratitude and sadness to see Mrs.
Wilson step down.
Having no further business, Dick Charles moved to adjourn and was 2nd by Bob Clark.
\,1otion passed unanimously and the meeting was duly adjourned at 5:45 P~vt.
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