HomeMy WebLinkAbout07-01-2013 Planning Commission MinutesJuly l. 2013
Plannmg Commission 'v1inutcs
The Planning Commission met Monday. July 15\ 2013 at 5:00 PM at the City Municipal
Complex. 16 I ~-Section Street in the Council Chambers.
Present: Lee Turner, Chairperson: George Roberds, Vice-Chair; Tim Kant; Bob Clark;
Bernie Fogarty: Dick Charles: Councilman Rich l\foeller; Jonathan Smith, Planning
Director: Nancy Milford, Planner; and Emily Boyett, Secretary.
Absent: Jennifer Fidler
Chairman Lee Turner called the meeting to order at 5:02 PM and announced the meeting
is being recorded. The minutes of the June 3, 2013 meeting \Vere considered and Dick
Charles moved to accept the minutes with two corrections and was 2nd by George
Roberds. Motion carried with two abstentions by Bob Clark and Bernie Fogarty.
Mr. Turner announced that Items G and H, the Villas at Point Clear zoning and
subdivision request have been pulled from this agenda and the applicant requests the
items be tabled until the next meeting. Mr. Smith read a letter from the applicant and
asked the Commission to grant a 1 year extension for the pceviously approved plat
George Roberds moved to table the requests until the August meeting. Dick Charles 2nd
the motion and the motion carried unanimously. Mayor Kant stated the cases will be re-
advertised and public notice will be given for the next meeting. Dick Charles made a
motion to grant a 1 year extension of the preliminary plat approval with the conditions.
George Roberds 2nd the motion and the motion carried unanimously.
IR 13.03 Request of Inge & Associates for an Informal Review of the Resubdivision
of Lot 8, of the Groves at Point Clear, a proposed 2-lot minor division, Matt Sankey.
The project is located on the north\vest corner of the intersection of County Road 13 and
Bishop Road. Jonathan Smith gave the staff report saying the property is approximately
5.39 acres and is zoned R-1 Low Density Single Family Residential District The
applicant is proposing 2 equal portioned lots of approximately 2. 7 acres each. Mr. Smith
stated the recorded plat has a note that states any re-subdivision or increase in the number
of lots to the plat is strictly prohibited. The Planning Commission approved the
preliminary plat in an effort to encourage large lot subdivisions in the rural areas of the
Fairhope Planning Jurisdiction. Mr. Sankey addressed the Commission saying this is the
largest lot of the development and it fronts on two roads. He stated he has sold four of
the original eight lots and he has a potential buyer for a smaller lot. He said the integrity
of the subdivision will remain since Lot 3 is similar in size to the proposed lots, and that
each iot will have access from different roads. He also stated the neighbor to this lot is
agreeable to the re-subdivision. Mr. Mueller asked if the other property owners in the
subdivision are okay with the re-subdivision and Mr. Sankey responded yes. Mr. Fogarty
asked how many homes are currently in the subdivision and Mr. Sankey stated two
homes have buiit but four lots have been sold. Mr. Fogarty questioned whether the other
lots would be allowed to re-subdivide if they wanted to and Mr. Sankey responded the
other lots would not meet the minor subdivision requirements. Mr. Smith stated Lots 1
and 2 would have the potential to re-subdivide if the Commission allows this request.
Mr. Clark stated he is concerned with setting a precedent if this re-subdivision is allowed.
i'Ar. Sankey stated he would he vvilling to deed restrict the other lots to prohibit them
from suhJi '-iding. Mr. M ueiler asked if the airport is deterrent for selling the lots and Mr
Sankey responded it has been a little bit of a hindrance, ML Ro herds asked if the plat has
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Planning C\Jmm1ssio11 Minute,
been recorded and if the Commission granted this as a variance, what would be the
hardship. Mr. Smith responded yes, the plat has been recorded and there is no hardship
for the request. Mr. Turner said approving this request would open Pandora's Box and
allow anyone to request re-subdividing. Mayor Kant explained that the larger lots were
approved to limit the amount of infrastructure and allowed without water and sewer;
however. if the lots are re-subdivided then someone could come back and put in small
lots and make a true subdivision. He stated the City can not enforce deed restrictions so it
would need to be submitted as a whole new subdivision. Mr. Roberds stated the recorded
plat is a legal document and it would be illegal for the Commission to grant an approval
for a clear violation of the recorded plat so it would need to be a completely new
subdivision. Mr. Sankey thanked the Commissioners for their input and he said go back
to the drawing board with the suggestions and comments.
UR 13.06 Request of Southern Light for an 11.52.11 Review and Approval of the
proposed installation of approximately 1,351 linear feet of underground fiber optic
cable for the University of South Alabama Campus, John Hixson. The project \Vill
run along Summit Street from Magnolia A venue to St James Street to service the USA
Campus at 111 St James Street. Jonathan Smith gave the staff report saying the project
will consist of 1,351 linear feet of directional boring and manual digging to install the
underground cable, handholes, and cable pedestals. Staff recommendation is to approve
conditional upon the following:
I. The applicant shall comply with the minimum requirements as stated by the City
of Fairhope Building Official. Code Enforcement Officer, and Gas
Superintendent, and Water and Sewer Superintendent in the Staff Report and
2. Any mechanical equipment should be painted Munsell green.
Dick Charles made a motion to accept the staff recommendation to approve conditional
upon the following:
1. The applicant shall comply with the minimum requirements as stated by the City
of Fairhope Building Official, Code Enforcement Officer, and Gas
Superintendent and Water and Sewer Superintendent in the Staff Report, and
2. Any mechanical equipment should be painted Munsell green.
Bob Clark 2nd the motion and the motion carried unanimously.
UR 13.07 Request of Southern Light for an 11.52.11 Review and Approval of the
proposed installation of approximately 13,385 linear feet of aerial and underground
fiber optic cable for the Church on the Eastern Shore, John Hixson. The project will
run along State Highway 104 from US Highway 98 to service the Church on the Eastern
Shore at i0274 State thvy. 104. Jonathan Smith gave the staff report saying the project
\Vill consist of 12,971 linear feet of aerial fiber optic construction to be attached to
existing poies. There will be 414 linear feet of underground construction by directional
boring and manual digging with the placement of handholes and cable pedestals. Staff
recommendation is to approve conditional upon the following:
I. The applicant shall comply with the minimum requirements as stated by the City
of Fairhope Building Official, Code Enforcement Officer, and Gas
Superintendent. and Water and Sewer Superintendent in the Staff Report. and
' Any mechanical equipment should be painted Munsell green.
fkrnic Fogarty made a motion to accept the staff recommendation to approve conditional
upon the folhming:
Jul-, I. 2013
P!annmg Cornnw;si,m Mmute,
l. The applicant shall comply with the minimum requirements as stated by the City
of Fairhope Building Official, Code Enforcement Officer, and Gas
Superintendent and Water and Sewer Superintendent in the Staff Report, and
2. Any mechanical equipment should be painted Munsell green.
Dick Charles 2nd the motion and the motion carried unanimously.
UR 13.08 Request of the City of Fairhope Water and Sewer Department for an
11.52.11 Review and Approval of the proposed installation of approximately 8,800
linear feet of sewer force main to service Plantation Pines Subdivision, Dan
McCrory. The project \\"ill run throughout the Plantations Pines Subdivision and along
County Road 13, State Hwy 104 and US Hwy. 98. Jonathan Smith gave the staff
recommendation saying the project will consist of 8,800 linear feet of directional boring
to install a sewer force main to service Plantation Pines Subdivision. Staff report is to
approve conditional upon the following:
1. The applicant shall comply with the minimum requirements as stated by the City
of Fairhope Building Official, Horticulturist and Code Enforcement Officer in the
Staff Report.
Dick Charles made a motion to accept the staff recommendation to approve conditional
upon the follovving:
1. The applicant shall comply with the minimum requirements as stated by the City
of Fairhope Building Official, Horticulturist. and Code Enforcement Officer in the
Staff Report.
Bernie Fogarty 2nd the motion and the motion carried unanimously.
UR 13.09 Request of the City of Fairhope Gas Department for an 11.52.11 Review
and Approval of the proposed installation of approximately 3,000 linear feet of gas
main to service the Country Place Senior Living facility, Robert Rohm. The project
will run along Gayfer Road Extension from Meadow Brook Lane to the Country Place
Senior Living facility at 8127 Gayfer Road Extension. Jonathan Smith gave the staff
report saying the project will consist of 3,000 linear feet of directional boring and
plowing to install a gas main to service the Country Place Senior Living facility. Staff
recommendation is to approve conditional upon the following:
I. The applicant shall comply with the minimum requirements as stated by the City
of Fairhope Building Official, Horticulturist and Code Enforcement Officer in the
Staff Report.
Dick Charles made a motion to accept the staff recommendation to approve conditional
upon the following:
l. The applicant shall comply with the minimum requirements as stated by the City
of Fairhope Building Official, Horticulturist. and Code Enforcement Officer in the
Staff Report.
Bob Clark t 10 the motion and the motion carried unanimously.
SD 13.09 Public hearing to consider the request of Preble-Rish, LLC for Final Plat
approval of Fairhope Falls, Phase One, a 147-lot subdivision, Steven Pumphrey.
The property is located on the south side of State Hwy. l 04, just west of Fish River.
Jonathan Smith gave the staff report saying the property is located outside the City of
Fairhope and is unzoned. The project contains approximately 120.20 acres and 14 7 lots
are proposed. Mr. Smith stated the project began construction in 2006 and was 90°0 0
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Pla1111111g. Commisswn Minutes
completed but then sat vacant and the plat expired. In December 2012 the Commission
granted preliminary plat approval with the condition of the removal of Lots 1. 2. and 3
based on the wetland buffer line. Staff recommendation is to approve contingent upon
the following conditions:
1. Installation of the aerators and revised construction drawings showing details for
aeration,
2. Review and approval of the water data by Dan McCrory, Water and Sewer
Superintendent,
3. The submittal of the subdivision bond agreement, and
4. A note shall be added to the plat regarding future through street signs.
!\fr. Smith stated the water issues have been addressed and resolved as per Mr. McCrory.
The applicant \Vas present to answer any questions. Mr. Turner opened the public
hearing. Having no one present to speak, Mr. Turner closed the public hearing. Mayor
Kant asked if the County has signed off on the project and Mr. Smith responded yes.
Dick Charles made a motion to accept the staff recommendation to approve contingent
upon the following conditions:
1. Installation of the aerators and revised construction drawings showing details for
aeration,
2. Review and approval of the water data by Dan McCrory, Water and Sewer
Superintendent,
3. The submittal of the subdivision bond agreement and
4. A note shall be added to the plat regarding future through street signs.
Rich Mueller 2nd the motion and the motion carried unanimously.
New/ Old Business
Mr. Smith stated staff is still \Vorking to get the Comprehensive Plan Updates and the
LID programs started. He also stated Fairhope is in the process to become an Alabama
Community of Excellence. which will be an honor for Fairhope.
Mr. Smith stated there \vill be a Planning and Zoning Administrators Workshop in
Robertsdale on Friday, July 19. 2013 from 8:00 3:30. He stated this class will serve as
a C APZO recertification so if am of the Commissioners are interested in attending to a ~
please let staff know. Bob Clark. Dick Charles, and Bernie Fogarty expressed interest in
attending.
Mayor Kant made a motion for the Commission Chairman to appoint a committee to
\vork with staff on the Comprehensive Plan Updates. Dick Charles 2nd the motion and
the motion carried unanimously.
Having no further business. Dick Charles moved to adjourn and was 2nd by George
Roberds. Motion passed with the following vote: A YE Tim Kant. Bob Clark. Bernie
Fogarty. Lee Turnec Dick Charles. and George Roberds. NAY Rich \1ueller. The
meeting was dul~ourned ~. 5:40 PM.
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