HomeMy WebLinkAbout01-06-2020 Planning Commission MinutesJanuary 6, 2020
Planning Commission Minutes
The Planning Commission met Monday, January 6, 2020 at 5:00 PM at the City
Municipal Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; Art Dyas; Harry Kohler; Hollie MacKellar; Richard
Peterson; Buford King, Development Services Manager; Hunter Simmons, Planning and
Zoning Manager; Mike Jeffries, Planner; Carla Davis, Planner; Samara Walley, Planner;
Emily Boyett, Secretary; and Ken Watson, City Attorney
Absent: Rebecca Bryant, 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.
The minutes of the December 2, 2019 minutes were considered. Art Dyas made a motion
to accept the minutes as written. Harry Kohler 2nd the motion and the motion carried
unanimously with the following vote: A YE -Art Dyas, Harry Kohler, Lee Turner, Hollie
MacKellar, and Richard Peterson. NAY -none.
Storm Water Management Program Plan (SWMPP) Review and Approval, Kim
Burmeister. Mrs. Burmeister stated the City operates under Municipal Separate Storm
Sewer System (MS4) Phase II General Permit Number ALR040040. The SWMPP is
submitted yearly and is a permit requirement. Assessment and public review of this plan
is also a requirement and is specified in the current plan as being evaluated by the
Planning Commission. The Commission watched a MS4 video. Mrs. Burmeister stated
the video is on the City's website as well as the SWMPP plan.
Art Dyas made a motion to accept the Storm Water Management Program Plan as
presented. Richard Peterson 2nd the motion and the motion carried unanimously with the
following vote: A YE -Art Dyas, Harry Kohler, Lee Turner, Hollie MacKellar, and
Richard Peterson. NAY none.
SD 19.45 Public hearing to consider the request of the City of Fairhope Planning
and Zoning Department to accept Resolution 2019-02 for a proposed amendment to
Article IV, Section H. Multiple Occupancy Projects in the Subdivision Regulations,
Buford King. Mr. King gave the staff report saying the amendment will create a
preliminary and final plat process to provide a closeout process for multiple occupancy
projects. Staff recommendation is to APPROVE as presented.
Mrs. MacKellar asked about the fees and where they can be found. Mr. King responded
the fees are set by ordinance and approved by the City Council. He noted the fee schedule
is posted on our website.
Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed
the public hearing.
Richard Peterson made a motion to accept the Staff recommendation to APPROVE as
presented.
Harry Kohler 2nd the motion and the motion carried unanimously with the following vote:
A YE Art Dyas, Harry Kohler, Lee Turner, Hollie MacKellar, and Richard Peterson.
NAY-none.
1
January 6, 2020
Planning Commission Minutes
SD 20.01 Public hearing to consider the request of the Catherine Alba for plat
approval of Point Clear Pond, a 2-lot minor subdivision, Seth Moore. The property is
approximately 2. 72 acres and is located on the east side of County Road 3 just south of
Rose Bishop Lane. Ms. Davis gave the staff report saying the property is unzoned in
Baldwin County and 2 lots are proposed. The applicant is requesting a sidewalk waiver.
Staff recommendation is to APPROVE contingent upon the following conditions:
1. Approval of a sidewalk waiver.
Mr. Turner opened the public hearing.
Phillip and Donna Henderson of 14752 County Road 3 -She stated concerns with future
subdivisions and the creation of small lots in the area. She also cited traffic increases,
additional drainage issues, and declining property values as concerns.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mr. Moore addressed the Commission saying the health department has approved the
perc tests for a septic tank. He noted there will only one additional house constructed and
the fire hydrant is existing.
Art Dyas made a motion to accept the staff recommendation to APPROVE contingent
upon the following conditions:
1. Approval of a sidewalk waiver.
Harry Kohler 2nd the motion and the motion carried unanimously with the following vote:
AYE Art Dyas, Harry Kohler, Lee Turner, Hollie MacKellar, and Richard Peterson.
NAY-none.
SD 20.02 Public hearing to consider the request of the Retirement Systems of
Alabama for preliminary plat approval of Battles Trace, Phase 7, a 38-lot
subdivision, Tim Lawley. The property is approximately 18.9 acres and is located on the
east side of Colony Drive just north of County Road 34 (a.k.a. Battles Road). Mr. Jeffries
gave the staff report saying the property is zoned TR (Tourist Resort) District and 38 lots
are proposed. This phase is consistent with previous phases and the overall conceptual
master plan for the development. Staff recommendation is to APPROVE contingent
upon the following conditions:
1. Add a general note to the plat that states the Operations and Maintenance Plan for
Phase 6 of Battles Trace included the infrastructure for Phase 7 of Battles Trace.
Mr. Dyas asked where the detention pond is located that will accommodate this phase's
stormwater and Mr. Jeffries explained it is in Phase 6 along S. Section Street. Mrs.
MacKellar questioned how many more phases are planned and Mr. Lawley responded
there are 185 acres remaining to be developed and it will be approximately 2 or 3 more
phases.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing.
Art Dyas made a motion to accept the staff recommendation to APPROVE contingent
upon the following conditions:
1. Add a general note to the plat that states the Operations and Maintenance Plan for
Phase 6 of Battles Trace included the infrastructure for Phase 7 of Battles Trace.
Richard Peterson 2 nd the motion and the motion carried unanimously with the following
vote: A YE -Art Dyas, Harry Kohler, Lee Turner, Hollie MacKellar, and Richard
Peterson. NAY -none.
2
January 6, 2020
Planning Commission Minutes
SD 20.03 Public hearing to consider the request of L&M Waterfront, LLC for Final
plat approval of the Resubdivision of Lot 4, Bay Echo Subdivision, a 3-lot division,
Larry Smith. The property is approximately 2.96 acres and is located at the south
terminus ofN. Mobile Street. Mr. King gave the staff report saying the property is zoned
R-2 Medium Density Single Family Residential District and 3 lots are proposed. Staff
recommendation is to APPROVE contingent upon the following conditions:
1. Memorialize drainage improvements designed by Engineer of Record and
furnished and installed by the City of Fairhope by a contractor (Resolution#
3472-19) are in progress at the time of staff report preparation.
a. As a condition of approval, the final plat of subject development will be
signed once as-built drawings of the drainage improvements are submitted
to the Public Works Director, and shall include the Engineer's Certificate
required by Article IV, Section.D .1. b.( 18).
b. As a condition of approval, the final plat of subject development will be
signed once the storm drainage inspection video required by Article IV,
Section.D.1.b.(16) has been furnished to City of Fairhope staff.
c. Revise note "12" on the final plat to read as follows: "The 15' private access
easement across Lot 2 is permanent and for the benefit oflot 3."
2. Memorialize acceptance of the approved waiver of Article V, Section E.3.a.
accepted via approval of Case number SD 19 .18, reflected on the final plat as
follows:
a. Proposed lot three may be accessed from the southern terminus ofN. Mobile
St. via the proposed 15' private access easement.
b. The existing unpaved southern terminus ofN. Mobile Street shall remain
unpaved to preserve the aesthetics of the existing neighborhood but include
the drainage improvements described in condition of approval "1" above.
Mr. Peterson asked if a 15' easement will accommodate a fire truck and Mr. Smith
responded yes.
Mr. Turner opened the public hearing. Having on one present to speak, he closed the
public hearing.
Richard Peterson made a motion to accept the staff recommendation to APPROVE
contingent upon the following conditions:
1. Memorialize drainage improvements designed by Engineer of Record and
furnished and installed by the City of Fairhope by a contractor (Resolution#
34 72-19) are in progress at the time of staff report preparation.
a. As a condition of approval, the final plat of subject development will be
signed once as-built drawings of the drainage improvements are submitted
to the Public Works Director, and shall include the Engineer's Certificate
required by Article IV, Section.D .1. b.( 18).
b. As a condition of approval, the final plat of subject development will be
signed once the storm drainage inspection video required by Article IV,
Section.D.1.b.(16) has been furnished to City of Fairhope staff.
c. Revise note "12" on the final plat to read as follows: "The 15' private access
easement across Lot 2 is permanent and for the benefit oflot 3."
2. Memorialize acceptance of the approved waiver of Article V, Section E.3.a.
accepted via approval of Case number SD 19 .18, reflected on the final plat as
follows:
3
January 6, 2020
Planning Commission Minutes
a. Proposed lot three may be accessed from the southern terminus ofN. Mobile
St. via the proposed 15' private access easement.
b. The existing unpaved southern terminus ofN. Mobile Street shall remain
unpaved to preserve the aesthetics of the existing neighborhood but include
the drainage improvements described in condition of approval "1" above.
Harry Kohler 2 nd the motion and the motion carried unanimously with the following vote:
A YE -Art Dyas, Harry Kohler, Lee Turner, Hollie MacKellar, and Richard Peterson.
NAY-none.
Old/New Business
ZC 19.08 Greeno Road Corridor (GRC) Overlay Districts, Hunter Simmons -Mr.
Simmons gave a presentation outlining the proposed changes. He asked the Commission
to schedule a worksession to allow public participation and feedback. Mr. Simmons said
this will not be the only meeting to give feedback.
Art Dyas made a motion to schedule a worksession for January 22, 2020 from 2-4:00 PM
in the Ballroom at the James P. Nix Center.
Hollie MacKellar 2 nd the motion and the motion carried unanimously with the following
vote: A YE -Art Dyas, Harry Kohler, Lee Turner, Hollie MacKellar, and Richard
Peterson. NAY -none.
Family Subdivisions, Buford King -Mr. King said staff is looking at amending rural
subdivisions to address family subdivisions. Mr. Dyas said a minimum width is needed
for easements. Mr. King said the County requires 30' easements and our changes will
mimic the County. He noted the process would only apply in the ETJ and only if no
waivers are requested. I le said the changes are to streamline the approval process.
Having no further business, Richard Peterson made a motion to adjourn. Hollie
MacKellar 2 nd the motion and the motion carried unanimously. The meeting was
adjourned at 6:56 PM.
LeeTume,,~-~oyet .dJ:-
4