HomeMy WebLinkAbout09-05-2019 Planning Commission MinutesSeptember 5, 20 I 9
Planning Commission Minutes
The Planning Commission met Thursday , September 5, 2019 at 5:00 PM at the City
Municipal Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; Rebecca Bryant; Harry Kohler; Hollie MacKellar;
Richard Peterson; Buford King, Development Services Manager; Hunter Simmons,
Planning and Zoning Manager; Mike Jeffries, Planning Technician; Emily Boyett,
Secretary; and Ken Watson, City Attorney
Absent: Art Dyas; Clarice Hall-Black; and Robert Brown, Council Liaison
Chairman Turner called the meeting to order at 5:05 PM and announced the meeting is
being recorded.
SD 19.32 Public hearing to consider the request of Edward Loper and Johnathan
McMurray for plat approval of South Section Estates, a 4-lot minor division, Seth
Moore. The property is located on the west side of Section Street just south of Twin
Echo Court. Mr. Jeffries gave the staff report saying the property is approximately 4.5
acres and is unzoned in Baldwin County. Staff recommendation is to APPROVE.
Mr. Moore was present to answer any questions. Mr. Turner asked if the property is in a
flood zone and Mr. Moore responded no.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing.
Rebecca Bryant made a motion to accept the staff recommendation to APPROVE.
Harry Kohler 2 nd the motion and the motion carried unanimously with the following vote:
A YE -Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar, and Richard
Peterson. NAY -none.
SD 19.33 Public hearing to consider the request of LA Development, LLC for Final
plat approval of Pinewood Subdivision, Phase 2, an 18-lot division, Ercil Godwin.
The property is located on the south side of Manley Road between Saddlewood
Subdivision and the City of Fairhope Soccer Complex. Mr. King gave the staff report
saying the property is approximately 7.42 acres and is zoned R-2 Medium Density Single
Family Residential District. Staff recommendation is to APPROVE with the following
conditions:
1. Installation of sidewalks in common areas as described in the staff report.
2. Completion of punch list items identified by the Construction Inspector via
separate correspondence and also described in the staff report.
3. The warranty period of the sanitary sewer lift station shall not commence until
initial start-up of the lift station and upon approval of the Water and Sewer
Superintendent.
4. Reflect "Silage Drive" in lieu of "Dutch Road" as the street name on the final
plat. If the developer desires a street name change , that process may occur after
the final plat process.
Mrs. Bryant asked if the sidewalks have been installed and Mr. Godwin responded they
are und er construction. Mr. P eterson stated the transformer is too close to the lift station.
Mr. Godwin explained the transfotmer was installed by Riviera Utilities, but he will ask
them to move it.
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Planning Commission Minute s
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing.
Mrs. Bryant asked if the moving of the lift station should be a condition of approval and
Mr. Godwin answered he doesn't know if Riviera Utilities will move it.
Harry Kohler made a motion to accept the staff recommendation to APPROVE with the
following conditions:
1. Installation of sidewalks in common areas as described in the staff report.
2. Completion of punch list items identified by the Construction Inspector via
separate correspondence and also described in the staff report.
3. The warranty period of the sanitary sewer lift station shall not commence until
initial start-up of the lift station and upon approval of the Water and Sewer
Superintendent.
4. Reflect "Silage Drive" in li eu of "Dutch Road" as the street name on the final
plat. If the developer desires a street name change, that process may occur after
the final plat process.
5. The location of the transformer shall meet the approval of the City of Fairhope
Director of Operations.
Richard Peterson 2nd the motion and the motion carried unanimously with the following
vote: A YE -Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar, and Richard
Peterson. NAY -none.
SD 19.34 Public hearing to consider the request of The Teachers Retirement
Systems of Alabama for Final plat approval of Polo Place, a 3-lot subdivision, Tim
Lawley. The property is located on the north side of Polo Ridge Blvd. just west of S.
Section Street. Mr. King gave the staff report saying the property is approximately 13
acres and is unzoned in Baldwin County. Staff recommendation is to APPROVE with
the following condition:
1. Article V, Section E.2. Lot Standards -Lot Sizes
a. Memorialize in the final plat approval the waiver of lot size and lot width
approved by the City of Fairhope Planning Commission at its March 12,
2019 regular meeting (preliminary plat approval case number SD 19 .13).
Mr. Turner opened the public hearing.
Paul Davis of 17674 Hitching Post Circle -He said RSA has installed a swell in the
greenspace between the new lots and the lots on Hitching Post Circle and it is working
well, but there is nothing in place to require them to maintain it. Mr. King said a note can
be added to the plat regarding maintenance of the common areas. Mrs. Bryant asked if a
minor subdivi si on is required to set up a property owners association and Mr. Peterson
asked who maintains the swell along the back of the lots on Hitching Post Circle. Mr.
King suggested tabling the request or amending the conditions of approval to include
adding a note to the plat for maintenance of the common area and adding a certificate for
the engineer.
Having no one else to speak, Mr. Turner closed the public hearing.
Mr. Peterson asked if the common area needs a drainage easement and Mrs. Boyett
responded a 15 ' drainage and utility easement is shown for all perimeter side and rear
boundary lines.
Hollie MacKell ar made a motion to accept the staff recommendation to APPROVE with
the following conditions:
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Planning Commission Minutes
1. Article V, Section E.2 . Lot Standards -Lot Sizes
a. Memorialize in the final plat approval the waiver of lot size and lot width
approved by the City of Fairhope Planning Commission at its March 12,
2019 regular meeting (preliminary plat approval case number SD 19.13).
2. A note shall be added to the plat regarding maintenance of the common areas.
3. An engineer's certificate shall be added to the plat.
Harry Kohler 2nd the motion and the motion carried unanimously with the following vote:
A YE -Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar, and Richard
Peterson. NAY -none.
SD 19.35 Public hearing to consider the request of Keith Glines for plat approval of
Glines Subdivision, a 4-lot minor division, Steve Pumphrey. The property is located
on the north side of Bishop Road between County Road 13 and S. Greeno Road. Mr.
Jeffries gave the staff report saying the property is approximately 5 acres and is unzoned
in Baldwin County. He stated the applicant has provided a letter form Baldwin County
exempting it from the County's Subdivision Regulations. Mr. King explained the
applicant is requesting a waiver for all lots to front on a paved, publicly maintained street.
Staff recommendation is to APPROVE with the following conditions:
1. Recommendation of approval of waiver request from the Subdivision Regulations
Article V, Section E.3 .a. "that all lots shall front upon a paved, publicly
maintained street."
2. Amend general note 1 on the plat to also reflect a 15 ' rear utility easement per
Riviera Utilities requirements .
Mrs. Bryant asked if the access to the property is across someone else 's property via a
dirt road and Mr. King responded yes. Mr. Pumphrey stated the access situation is not
uncommon in the county. He explained there is an existing easement with re strictive
covenants for the access.
Mr. Turner opened the public hearing.
David Love of 8847 Oldenburg Drive-He cited concerns with stormwater and asked
what was planned for the common area. Mr. Pumphrey stated there are no plans for
anything to be constructed on the common area.
Having no one else present to speak, Mr. Turner closed the public hearing.
Richard Peterson made a motion to accept the staff recommendation to APPROVE with
the following conditions:
1. Recommendation of approval of waiver request from the Subdivision Regulations
Article V , Section E.3 .a. "that all lots shall front upon a paved, publicly
maintained street."
2. Amend general note 1 on the plat to also reflect a 15 ' rear utility easement per
Riviera Utilities requirements.
Harry Kohler 2 nd the motion and the motion carried unanimously with the following vote:
A YE-Rebecca Bryant, Harry Kohler, Lee Turner, Hollie MacKellar, and Richard
Peterson. NAY -none.
Rebecca Bryant stated a conflict with case SD 19 .36 and recused herself. She remained
in the meeting to answer any question as the architect of the project.
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SD 19.36 Public hearing to consider the request of Baldwin 4, LLC for Multiple
Occupancy Project approval of Fairhope Hardware MOP, a 6-unit project, Larry
Smith. The project is located at the northeast corner of the intersection of Fairhope
Avenue and Church Street, at 301 Fairhope Avenue. Mr. Jeffries gave the staff repo1t
saying the property is approximately .20 acres and is zoned B-2 General Business District
and is in the Central Business District (CBD). He stated the project is remodeling an
existing historic building to house up to 6 units. Staff recommendation is to APPROVE
with the following condition:
1. Article IV, Section C.6.a. Expiration and Revocation
a. Any substantial deviation from the approved submittal during construction
or failure to provide for traffic control, safety, environmental protection
controls and/or best management practices and restoration of the site shall
be grounds for the immediate suspension of the Preliminary Plat approval
and/or issuance of a stop work order.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing.
Mr. Turner asked if the applicant is still working to obtain a grant for the project and Mrs.
Bryant responded the site was ranked in the top two and received a historic property
designation.
Hollie MacKellar made a motion to accept the staff recommendation to APPROVE with
the following condition:
1. Article IV, Section C.6.a. Expiration and Revocation
a. Any substantial deviation from the approved submittal during construction
or failure to provide for traffic control, safety, environmental protection
controls and/or best management practices and restoration of the site shall
be grounds for the immediate suspension of the Preliminary Plat approval
and/or issuance of a stop work order.
Richard Peterson 2nd the motion and the motion carried with the following vote: A YE -
Harry Kohler, Lee Turner, Hollie MacKellar, and Richard Peterson. NAY -none.
ABSTENTION -Rebecca Bryant.
UR 19.20 Request of AT&T for an 11.52.11 Utility Review and approval of the
proposed installation of approximately 650 linear foot of underground fiber optic
cable, Wade Mitchell. The property will run throughout the Twin Beech Estates
subdivision. Mr. Jeffries gave the staff report saying the project will consist of installing
650 linear foot of fiber optic cable in the City's right-of-way. Staff recommendation is to
APPROVE with the following conditions:
1. The applicant shall follow the general comments related to utility work, as stated
in the staff report.
2. Applicant and applicant's contractor shall follow the Right of Way Installation
Permitting and Work Procedures document provided by the Building Official.
Richard Peterson made a motion to accept the staff recommendation to APPROVE with
the following conditions:
1. The applicant shall follow the general comments related to utility work, as stated
in the staff report.
2. Applicant and applicant's contractor shall follow the Right of Way Installation
P ermitting and Work Procedures document provided by the Building Official.
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Plan nin g Co mm iss ion Minu tes
Rebecca Bryant 2nd the motion and the motion carried unanimously with the following
vote: A YE -Rebecca Bryant, Harry Kohler , Lee Turner , Hollie MacKellar, and Richard
Peterson. NAY -none.
Old/New Business
Greeno Road Corridor (GRD) Overlay Districts, Hunter Simmons -Mr. Simmons
demonstrated a new section on the City 's website "On-Going Projects" which lists the
GRC Overlay and has all of the documentation included for easy review. Mr. Turner
stated there has been a lot of push-back from this proposal, but it seems most of it is
misunderstanding and issues with inaccurate information. Mrs. Bryant said she wants
time for the Commission to discuss the proposed amendments and make suggestions.
Mrs. MacKellar asked what most of the opposition is regarding and Mr. Simmons
responded drive -throughs, buffers, and potential annexation .
Having no further business, Richard Peterson made a motion to adjourn . The meeting
was adjourned at :58 PM.
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Lee Turner , Chairman Emily
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