HomeMy WebLinkAbout05-04-2020 Planning Commission Meeting SynopsisKarin Wilson
Mayor
Council Members
Kevin G. Boone
Robert A. Brown
Jack Burrell, ACMO
Jimmy Conyers
Jay Robinson
Lisa A. Hanks, MMC
Ci{)' Clerk
Deborah A. Smith, CPA
Ci{)' Treasurer
161 North Section Street
P.O. Drawer 429
Fairhope, Alabama 36533
251-928-2136
251-928-6776 Fax
www.fairhopeal.gov
Pn'nccd on recycled paper
1. Call to Order
City of Fairhope
Planning Commission Agenda
5:00 PM
Council Chambers
May 4, 2020
2. Consideration of Agenda Items:
A. SD 19.41 Public hearing to consider the request of The Retirement
Systems of Alabama for Preliminary Plat approval of
Watershed West, a 10-lot subdivision. The property is
approximately 7 .23 acres and is located on the south side of
County Road 34 between Point Clear Court and Poviner Place.
PPIN #: 282038
B. SD 20.14 Public hearing to consider the request Rodney and Melissa
Jemison for plat approval of J & J Farms Subdivision, a 2-lot
minor division. The property is approximately 3.69 acres and
is located on the north side of Champion Road just east of
Old Pierce Road.
PPIN #: 54636
C. SD 20.15 Public hearing to consider the request of Ronald Gawrysh and
Dena Strattton for plat approval of The Summit, a 4-lot minor
subdivision. The property is approximately 19.35 acres and it
is located on the east side of Young Street across from
Kirkman Lane.
PPIN #: 3675
D. SD 20.16 Public hearing to consider the request of FST Triple C
Development, Inc. for Preliminary plat approval of the
Resubdivision of Lot 4, East Fairhope Plaza, a 2-lot division.
The property is approximately 2.51 acres and is located on
the east side of St. Hwy. 181 just south of County Road 48
(a.k.a. Fairhope Avenue).
PPIN #: 312284
E. UR 20.03 Request of Southern Light for an 11.52.11 Utility Review and
approval of the proposed underground installation of
approximately 917 liner foot of fiber optic cable. The project
will run along N. Section Street to service 831 N. Section
Street.
F. SD 20.18 Public hearing to consider the request of James Scopolites for
plat approval of Gayfer Place, a 3-lot minor subdivision. The
property is approximately 6.18 acres and is located on the
northeast corner of the intersection of Gayfer Road Extension
and Bishop Road.
PPIN #: 43888
G. SD 20.19 Public hearing to consider the request of FST Aldi, Inc. of
Alabama for plat approval of Aldi Subdivision, a 2-lot minor
division. The property is approximately 7.14 acres and is
located on the northeast corner of the intersection of State
Hwy. 181 and County Road 48 (a.k.a. Fairhope Avenue).
PPIN #: 248109
H. SD 20.20 Public hearing to consider the request of FST Pauline J. Moyd
for Preliminary plat approval of Live Oak Estates, a 76-lot
subdivision. The property is approximately 33.66 acres and is
located at the southwest corner of the intersection of State
Hwy. 181 and Bay Meadows Avenue.
PPIN #: 15078
I. SD 20.21 Public hearing to consider the request of Gumbo South, LLC
for plat approval of RARE Properties Subdivision, a 2-lot
minor division. The property is approximately 14.51 acres
and is located on the south side of US Hwy. 98 at 8480 US.
Hwy. 98.
PPIN #: 5024
J. SD 20.22 Public hearing to consider the request of North Hills at
Fairhope, LLC for Final plat approval of North Hills at
Fairhope, Phase One, a 48-lot subdivision. The property is
approximately 47.5 acres and is located on the north side of
State Hwy. 104 approximately½ mile east of County Road
13.
PPIN #: 98367
K. IR 20.01 Request of John and Donna Anderson for an Informal Review
of Kevin & Anna Anderson, a 2-lot subdivision. The property
is approximately 6 acres and is located at the west terminus
of Brenda Road.
PPIN #: 107659
4. Old/New Business
• SD 18.10 Replat of Lot 2, Young Oaks -Sidewalk discussion
5. Adjourn
Call to Order
Lee Turner called the meeting to order at 5:07PM. He explained the procedures of the meeting
and took a roll call.
Roll Call
Art Dyas (AD) – Present
Rebecca Bryant (RB) – Present
Harry Kohler (HK) – Present
John Worsham (JW) – Present
Lee Turner (LT) – Present
Hollie MacKellar (HM) – Present
Clarice Hall-Black (CHB) – Present
Kevin Boone (KB) – Absent
SD 19.41 Watershed West
Property Owner /Applicant: Retirement Systems of Alabama
General Location: South side of County Road 34 between Point Clear Court and Poviner Place
Project Type: Preliminary Plat
Number of lots: 10
Project Acreage: 7.23
Zoning District: Unzoned Baldwin County/District 17 (Fairhope ETJ)
PPIN Number: 282038
Engineer of record: Goodwyn, Mills, and Cawood, Inc.
School District: Fairhope West Elementary, Fairhope Middle, and Fairhope High School
Report prepared by: Mike Jeffries, QCI City Planner
Summary:
Preliminary plat requested that complies with The City of Fairhope’s Subdivision Regulations. No
waivers requested. Conditions of approval are routine edits, information required for Baldwin County
approval, and clarification on what an approval does not override.
Recommendation:
Staff’s review of case number SD 19.41 is based upon a thorough analysis of the City of Fairhope
Subdivision Regulations. Staff has determined that case number SD 19.41 is in compliance with the
technical standards contained within the City of Fairhope Subdivision regulations as more fully-
described in Article IV, Section B.2. “Approval Standards” as indicated above and on the previous
pages. If it is the pleasure of the City of Fairhope Planning Commission to approve case number SD
19.41, staff recommends the following conditions of approval:
1. Furnish via follow-up correspondence a revised stormwater Operations and Maintenance Plan
and Agreement reflecting inspections are every fifth year after submittal of the first inspection
report.
2. Applicant shall address comments from Baldwin County Planning and Zoning and Baldwin
County Highway Department and provide documentation from Baldwin County that those
comments have been satisfied prior to application for Final Plat approval. In addition, the
following items are required to coordinate Baldwin County and City of Fairhope Subdivision
Requirements:
a. Revise the sanitary sewer plans and profiles to reflect sewer placed in the ROW and not
under the road. Revised plans and profiles shall be approved by the City of Fairhope
Water and Sewer Superintendent prior to issuance of a land disturbance permit.
b. Revise the grading and drainage plans to comply with Baldwin County’s requirement
that no roadside swales be used for detention. Revised plans shall be submitted to
Planning Staff for review prior to issuance of a land disturbance permit.
c. Revise the drainage calculations to reflect the SCS method of rainfall runoff
determination. Revised drainage calculations shall be submitted to Planning staff for
review prior to issuance of a land disturbance permit.
3. Memorialize the following approval statement: “This approval does not determine the
applicability or proper interpretation of any existing easements, covenants, restrictions or other
private contract rights, and accordingly does not abrogate, limit, or impair any such existing
easements, covenants, restrictions, or private contract rights which may impose greater
restrictions than this approval, the Zoning Ordinance, the Subdivision Regulations, or other
law”.
4. Staff respectfully defers ruling on Article V.B.2.e. to the pleasure of the City of Fairhope
Planning Commission. This condition of approval serves as a “place holder” for the Planning
Commission to act upon.
Scott Hutchinson of Goodwyn, Mills, and Cawood, Inc. was present on behalf of the applicant.
Public Hearing:
Tracy Frost of 18204 Woodland Drive – She thanked the Commission for their denial of the
zoning case for the subject property and asked them to deny the subdivision case as well. She
noted the project proposal only has small changes from the previous submittal. She explained
the development is dangerous because the design has golf holes on both sides of a single row
of houses. She said the safety, health, and welfare of the property owners, residents,
pedestrians, motorists, and golfers are at risk.
Carroll Sullivan of 513 Owls Nest Place – He stated the Commission has denied this design once
because of the health, safety, and welfare of Fairhope and only few changes have been made to
the first design and it is still dangerous. He said there are no other examples of golf courses
where roads parallel fairways. He cited a lawsuit against the Baldwin County Planning
Commission and said this is the same situation.
Adam Milam of 20252 State Highway 181 – He said it is the Commission’s job to review projects
for health, safety, and welfare of the City. He stated the denial of the zoning was based on
these criteria and it still applies to this case. He explained golf course design angles a golfer’s
aim away from homes and this development goes against that principle.
Ray Hammock of 525 Owls Nest Place – He said he agreed with the previous speakers and asked
how this development benefits the City by providing services to property outside city limits.
Paul Barletta of 119 Mulberry Lane – He said the trees the developer is claiming will remain will
ultimately be removed for home construction and they will never be able to be replaced. He
said the health, safety, and welfare of the community is a reason to deny this request.
Motion:
Art Dyas made a motion to deny the request.
2nd:
Clarice Hall-Black 2nd the motion. The motion carried with the following vote.
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Aye
RP – Nay
CHB – Aye
KB – Not present
SD 20.14 J & J Farms Subdivision
Property Owner /Applicant: Rodney and Melissa Jemison
General Location: North side of Champion Road just west of Old Pierce
Project Type: Minor subdivision
Number of lots: 2
Project Acreage: 3.69
Zoning District: Unzoned Baldwin County (Fairhope ETJ)
PPIN Number: 54636
Engineer of record: GEO Surveying, Inc.
School District: J. Larry Newton, Fairhope Middle, and Fairhope High School
Report prepared by: Carla L. Davis, Planner
Summary:
1) 2-lot minor subdivision.
2) Property is approximately 3.69 acres and applicant requests to divide into 2 separate
lots.
3) The proposed Lot 1 is approximately 1.88 acres (81, 926 square feet) and has an existing
dwelling on the property.
4) The proposed Lot 2 is approximately 1.82 acres (79,140 square feet).
Waiver Request:
Article VI Section D. – Sidewalks
Meets criteria to be waived at this time; however pedestrian easements should be depicted on
plat for future sidewalks if needed.
Staff Recommendation:
Approval of SD 20.14 conditional upon the following:
1) Approval of a sidewalk waiver by the Planning Commission and the showing of a pedestrian
easement on the plat.
David Shumer of Barton and Shumer Engineering, LLC was available on behalf of the applicant.
Public Hearing:
No one was present to speak on the subject case.
Motion:
Art Dyas made a motion to accept the staff recommendation for approval of SD 20.14 conditional upon
the following:
1) Approval of a sidewalk waiver by the Planning Commission and the showing of a pedestrian
easement on the plat.
2nd:
Richard Peterson 2nd the motion and the motion carried with the following vote.
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Aye
RP – Aye
CHB – Aye
KB – Not present
SD 20.15 The Summit
Property Owner /Applicant: Ronald Gawrysh/Dena Stratton
General Location: East side of Young Street across from Kirkman Lane
Project Type: Minor Subdivision
Number of lots: 4
Project Acreage: 19.35
Zoning District: Unzoned Baldwin County (Fairhope ETJ)
PPIN Number: 3675
Engineer of record: GEO Surveying, Inc.
School District: Fairhope Elementary, Intermediate, Middle, and High School
Report prepared by: Samara Walley, Planner
Summary:
The proposed subdivision does not include the building of any infrastructure or improvements
therefore a tree protection plan, landscape plan, and other criteria required for a major subdivision is
not applicable. The proposed subdivision did not trigger a traffic study. Concerning storm water runoff
none of the existing flow patterns will be changed by this replat. Water services will be provided by the
City of Fairhope. Sewer is not available. Power is supplied by Riviera Utilities. AT&T will provide services
as well.
The initial preliminary plat illustrated “standing water” on the northeast corner of the proposed Lot 1.
According to Article IV., Section C.1.b.(18) of the subdivision regulations, wetland(s) delineation and
buffers are required to be illustrated. A wetland survey was performed by Oceanic & Agricultural
Research & Survey. It was determined that there was no evidence of wetlands present on the subject
site.
The preliminary plat illustrates a 4-lot subdivision. Existing sidewalks are shown along Young Street. It
should be noted that there is an existing residence on the proposed Lot 2. A 40-foot drainage
easement runs diagonally across proposed Lots 3 and 4. It should also be noted that the proposed Lot 4
extends to Ingleside Drive.
Recommendation:
Staff recommends APPROVAL of SD 20.15
David Shumer of Barton and Shumer Engineering, LLC was present on behalf of the applicant.
Public Hearing:
Lionel Williams of 7627 Twin Beech Road – He asked the Commission to reschedule the meeting
to June 1, 2020 to allow the adjacent property owner more time to respond to the request. He
asked if the access easement from Ingleside Street will remain to allow ingress/egress to his
property. He stated concerns with drainage, utility easements, possible annexation, and future
use of the property.
Grace Petties of 48 Cottage Drive – She asked if there are any use restrictions for the proposed
lots.
Marcia Jackson of 19439 S. Ingleside Street – She noted drainage and run-off concerns along
the east property line of the subject property.
Motion:
John Worsham made a motion to accept the staff recommendation for approval.
2nd:
Art Dyas 2nd the motion and the motion carried with the following vote.
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Aye
RP – Aye
CHB – Aye
KB – Not present
SD 20.16 Resubdivision of Lot 4 East Fairhope Plaza
Property Owner /Applicant: Triple “C” Development, Inc. (Jay Machleit)
General Location: 1/10 mile south of intersection of Fairhope Avenue and State HWY 181
Project Type: Major Subdivision
Number of lots: 2
Zoning District: Unzoned Baldwin County/ District 14 (Fairhope ETJ)
Parent Parcel PPIN Number: 312284
Engineer of record: Stephanie Groves, PE
Surveyor of Record: Matthew Roberts, PLS # 30355
School District: Fairhope Elementary, Intermediate, Middle, and High Schools
Report prepared by: J. Buford King, Development Services Manager
Summary:
Installation of a new water main and a new fire hydrant requires the project to be processed as a major
subdivision requiring preliminary and final plat.
Recommendation:
Staff recommends preliminary plat APPROVAL of Case number SD 20.16, Resubdivision of Lot 4 East
Fairhope Plaza, subject to the following conditions:
1) Article IV, Section C.1.b.(13) and Article V, Section D.5.a.(9) Memorialize that applicant
is advised that compliance with Ordinance number 1444, Tree Ordinance must be
maintained and corrections of any deficiencies to the satisfaction of the City
Horticulturalist may be a condition of approval to the request for final plat.
2) Article IV, Section C.1.b.(14) Memorialize that finished floor elevations (FFEs) must be
shown on the final plat at the time of final plat submission.
3) Article IV, Section C.1.b.(18) Memorialize that the jurisdictional wetland identified by
Vittor and Associates shall be noted on the final plat and include the 30’ jurisdictional
wetland buffer as required by Article V Section F.4.b.
4) Article IV, Section C.1.d. Memorialize for subject case the letter of inspection dated May
15, 2017 by Whitley Engineering indicating the drainage system appears to be “as-built
as-designed”.
a. Further memorialize the requirement for final plat submittal that an updated
letter indicating the drainage system servicing subject property is “as-built as-
designed.”
5) Article VI, Section F., G., and H. Disconnection of existing services and reconnection of
existing services to the new water main shall be provided by the developer. Coordinate
all connection and reconnection with the Fairhope Public Utilities Water and Sewer
Superintendent.
Matthew Roberts of Gulf States Engineering was present on behalf of the applicant.
Public Hearing:
No one was present to speak regarding this case.
Motion:
Art Dyas made a motion to accept the staff recommendation for preliminary plat APPROVAL of Case
number SD 20.16, Resubdivision of Lot 4 East Fairhope Plaza, subject to the following conditions:
1) Article IV, Section C.1.b.(13) and Article V, Section D.5.a.(9) Memorialize that applicant
is advised that compliance with Ordinance number 1444, Tree Ordinance must be
maintained and corrections of any deficiencies to the satisfaction of the City
Horticulturalist may be a condition of approval to the request for final plat.
2) Article IV, Section C.1.b.(14) Memorialize that finished floor elevations (FFEs) must be
shown on the final plat at the time of final plat submission.
3) Article IV, Section C.1.b.(18) Memorialize that the jurisdictional wetland identified by
Vittor and Associates shall be noted on the final plat and include the 30’ jurisdictional
wetland buffer as required by Article V Section F.4.b.
4) Article IV, Section C.1.d. Memorialize for subject case the letter of inspection dated May
15, 2017 by Whitley Engineering indicating the drainage system appears to be “as-built
as-designed”.
a. Further memorialize the requirement for final plat submittal that an updated
letter indicating the drainage system servicing subject property is “as-built as-
designed.”
5) Article VI, Section F., G., and H. Disconnection of existing services and reconnection of
existing services to the new water main shall be provided by the developer. Coordinate
all connection and reconnection with the Fairhope Public Utilities Water and Sewer
Superintendent.
2nd:
John Worsham 2nd the motion and the motion carried with the following vote.
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Aye
RP – Aye
CHB – Aye
KB – Not present
UR 20.03 Southern Light-Uniti Fiber
Applicant: Southern Light/Unit Fiber
General Location: 831 N. Section Street rights of way
Project Type: Underground installation of fiber optic cable via directional boring
Zoning District: B3b and R-3TH predominantly
Report prepared by: J. Buford King, Development Services Manager
Summary:
Request of Southern Light for an 11.52.11 Utility Review and approval of the proposed underground
installation of approximately 917 linear feet of fiber optic cable. The project will run along North
Section Street beginning south of Creek Drive (near the entrance to Fly Creek Marina) terminating near
Volanta Avenue
Recommendation:
Staff recommends approval of UR 20.03 subject to the following conditions:
1. Consultation with the City’s horticulturalist, Paul Merchant, to determine if the required depth
of bore must be increased so that no trees are impacted by the project. The contractor is
responsible for any damaged trees.
2. Edit the note on drawings FLCRSP-1 and 2 to reflect 36” separation from all drainage and utilities
3. At all street crossing locations, conduct potholing to determine exact location and elevation of
existing utilities. Reflect the exact elevation of utilities and gps coordinates of the pothole
locations on a set of as-built drawings.
a. An additional right-of-way permit may be required for the potholing procedures.
4. Memorialize the follow-up activities below required by staff and the applicant:
a. Applicant shall submit as-built drawings to the Construction Inspector reflecting the
requirements of condition of approval “2” above.
b. Upon satisfactory review and approval by staff, as-builts will be submitted to the utilities
GIS technician for inclusion in GIS utility maps as needed.
Trey Morgan of Southern Light was present on behalf of the applicant.
Public Participation:
No one was present to speak regarding this case.
Motion:
Richard Peterson made a motion to accept the staff recommendation for approval of UR 20.03 subject
to the following conditions:
1. Consultation with the City’s horticulturalist, Paul Merchant, to determine if the required depth
of bore must be increased so that no trees are impacted by the project. The contractor is
responsible for any damaged trees.
2. Edit the note on drawings FLCRSP-1 and 2 to reflect 36” separation from all drainage and utilities
3. At all street crossing locations, conduct potholing to determine exact location and elevation of
existing utilities. Reflect the exact elevation of utilities and gps coordinates of the pothole
locations on a set of as-built drawings.
a. An additional right-of-way permit may be required for the potholing procedures.
4. Memorialize the follow-up activities below required by staff and the applicant:
a. Applicant shall submit as-built drawings to the Construction Inspector reflecting the
requirements of condition of approval “2” above.
b. Upon satisfactory review and approval by staff, as-builts will be submitted to the utilities
GIS technician for inclusion in GIS utility maps as needed.
2nd:
Harry Kohler 2nd the motion and the motion carried with the following vote.
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Aye
RP – Aye
CHB – Aye
KB – Not present
SD 20.18 Gayfer Place Subdivision
Property Owner /Applicant: James Scopolites
General Location: The property is located on the northeast corner of the intersection of Gayfer Road
Extension and Bishop Road
Project Type: Minor Subdivision
Number of lots: 2
Project Acreage: 6.18
Zoning District: Unzoned Baldwin County (Fairhope ETJ)
PPIN Number: 43888
Engineer of record: Moore Surveying Inc.
School District: Fairhope Elementary, Intermediate, Middle, and High School
Report prepared by: Samara Walley, Planner
Summary:
The proposed subdivision does not include the building of any infrastructure or improvements
therefore a tree protection plan, landscape plan, and other criteria required for a major subdivision is
not applicable. The proposed subdivision did not trigger a traffic study. Concerning storm water runoff
none of the existing flow patterns will be changed by this replat. The City of Fairhope will provide
water, sewer, power and gas services. AT&T will provide services as well.
The preliminary plat illustrates a 2-lot subdivision at the intersection of Gayfer Road Extension and
Bishop Road. Existing sidewalks are shown along Gayfer Road Extension. There are no sidewalks along
Bishop Road. If approved, the plat should be revised to illustrate sidewalks or a sidewalk easement
along Bishop Road. It should be noted that there is an existing residence, mobile home and shed
located on the proposed Lot 1 and a residence and two sheds on proposed Lot 2. Lastly, it should be
noted that the proposed Lot 2 will have two street frontages.
Recommendation:
Staff recommends APPROVAL of SD 20.18 with the following condition:
1. Provision of a revised plat illustrating a sidewalk along Bishop Road or a sidewalk easement.
Seth Moore of Moore Surveying, Inc. was present on behalf of the applicant.
Public Hearing:
No one was present to speak regarding the referenced case.
Motion:
Hollie MacKellar made a motion to table the request for further discussion.
2nd:
Clarice Hall-Black 2nd the motion and the motion carried with the following vote.
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Aye
RP – Aye
CHB – Aye
KB – Not present
SD 20.19 Aldi Subdivision
Property Owner /Applicant: Aldi Inc. of Alabama
General Location: Northeast corner of the intersection of State Hwy 181 and County Road 48 (a.k.a
Fairhope Avenue)
Project Type: Minor Subdivision
Number of lots: 2
Project Acreage: 7.14
Zoning District: Unzoned Baldwin County (Fairhope ETJ)
PPIN Number: 248109
Engineer of record: Lawler and Company
School District: Fairhope Elementary, Intermediate, Middle, and High School
Report prepared by: Samara Walley
Summary:
The proposed subdivision does not include the building of any infrastructure or improvements
therefore a tree protection plan, landscape plan, and other criteria required for a major subdivision is
not applicable. The proposed subdivision did not trigger a traffic study. Concerning storm water runoff
none of the existing flow patterns will be changed by this replat. Due to scheduling conflicts caused by
COVID-19, the applicant could not obtain flow model data prior to the completion of the Staff Report.
A fire hydrant will be required within 450’ of each lot. The hydrant(s) should be clearly illustrated on
the preliminary plat. The information is forthcoming and will be a condition of the subdivision
approval. Water and gas services are available through the City of Fairhope. The City of Fairhope
cannot provide sewer services. Electrical services shall be provided by Baldwin EMC.
The preliminary plat illustrates a 2-lot subdivision at the intersection of Fairhope Avenue and Highway
181. There are no existing sidewalks along Highway 181 or Fairhope Avenue at the subject site. The
applicant has provided a 10’ sidewalk easement along Highway 181 and Fairhope Avenue.
Recommendation:
Staff recommends APPROVAL of SD 20.19 with the following conditions:
1. Provision of a revised plat illustrating a fire hydrant(s) within 450’ of each proposed lot prior to
the signing of the Final Plat.
2. Provision of flow model date prior the signing of the Final Plat.
Melibe Thomas of Kimley-Horn was present on behalf of the applicant.
Public Hearing:
No one was present to speak regarding the referenced case.
Motion:
Richard Peterson made a motion to accept the staff recommendation for APPROVAL of SD 20.19 with
the following conditions:
1. Provision of a revised plat illustrating a fire hydrant(s) within 450’ of each proposed lot prior to
the signing of the Final Plat.
2. Provision of flow model date prior the signing of the Final Plat.
3. A note shall be added to the plat stating sidewalks shall be built at the time of development.
2nd:
Harry Kohler 2nd the motion and the motion carried with the following vote.
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Aye
RP – Aye
CHB – Aye
KB – Not present
SD 20.20 Live Oak Estates
Property Owner /Applicant: Moyd Family/Mullins, LLC
General Location: Southwest corner of Bay Meadows Ave and ST. HWY 181
Project Type: Preliminary Plat
Number of lots: 76
Project Acreage: 33.66+/-
Zoning District: Planned Unit Development
PPIN Number: 15078
Engineer of record: Micah Jones, P.E. Mullins LLC
School District: Fairhope Elementary, Intermediate, Middle, and High School
Report prepared by: Mike Jeffries, QCI Planner
Summary:
Preliminary plat requested that is in accordance with an approved PUD site plan. No waivers
requested. Conditions of approval are edits or additional notes needed that does not affect any
technical aspect of the proposed subdivision.
Recommendation:
Staff recommends approval SD 20.20 Live Oak Estates Subdivision with the following conditions:
1. Add note on plat that “Future development on Tract ‘A’ per Ordinance No. 1672 shall be limited to
B-4 Business and Professional District allowed uses per Fairhope’s Zoning Ordinance and will
require a mandatory Site Plan Review.
2. Revise stormwater Operations and Maintenance Plan and Agreement and inspection Note 1. on
Plans page 14 to reflect inspections are every fifth year after submittal of the first inspection
report.
3. Add note on the pond construction page and the erosion and sediment control page that red soil
and clay is not allowed within 100’ of critical areas, including detention ponds.
Joe Rector of Mullins, LLC was present on behalf of the applicant.
Public Hearing:
Mark Roshetko of 9727 Derby Lane – He noted inconsistencies between the landscape plan and
the tree survey and concerns regarding tree preservation. He stated the Tree Ordinance is not
being met with the current proposal. He stated concerns with the buffer requirements and
requested the fence on his property be removed as part of the site clearing.
Matt Bowles of 19480 Steeplechase Court – He submitted the following comments via
telephone to Mrs. Boyett. He requested sewer be made available to the residents on Bay
Meadows and Bay Meadows be repaved after construction of the development.
Motion:
Art Dyas made a motion to accept the staff recommendation for approval SD 20.20 Live Oak Estates
Subdivision with the following conditions:
1. Add note on plat that “Future development on Tract ‘A’ per Ordinance No. 1672 shall be limited
to B-4 Business and Professional District allowed uses per Fairhope’s Zoning Ordinance and will
require a mandatory Site Plan Review.
2. Revise stormwater Operations and Maintenance Plan and Agreement and inspection Note 1. on
Plans page 14 to reflect inspections are every fifth year after submittal of the first inspection
report.
3. Add note on the pond construction page and the erosion and sediment control page that red soil
and clay is not allowed within 100’ of critical areas, including detention ponds.
4. Landscape plans shall be edited to explicitly label all heritage trees that will be removed, prior to
a permit being issued.
2nd:
Richard Peterson 2nd the motion and the motion carried with the following vote.
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Aye
RP – Aye
CHB – Aye
KB – Not present
SD 20.21 RARE Properties Subdivision
Property Owner /Applicant: Gumbo South LLC
General Location: South side of US 98 between South Greeno and CR 13
Project Type: Minor Subdivision
Number of lots: 2
Project Acreage: 14.51+/-
Zoning District: Unzoned Baldwin County (Fairhope ETJ)
PPIN Number: 5024
Engineer of record: Dewberry Engineers, Inc.
School District: J. Larry Newton, Fairhope Middle, and High School
Report prepared by: Mike Jeffries, QCI City Planner
Summary:
Simultaneous Preliminary/Final plat requested. No waivers requested.
Recommendation:
Staff recommends approval of SD 20.21 RARE Properties Subdivision
Casey Hill of Dewberry Engineers, LLC was present on behalf of the applicant.
Public Hearing:
No one was present to speak regarding the case.
Motion:
Art Dyas made a motion to accept the staff recommendation for approval.
2nd:
John Worsham 2nd the motion and the motion carried with the following vote.
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Aye
RP – Aye
CHB – Aye
KB – Not present
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SD 20.22 North Hills at Fairhope, Phase One
Property Owner /Applicant: North Hills at Fairhope, LLC
General Location: North side of State Highway 104 approximately ½ mile east of County
Road 13
Project Type: Final Plat
Number of lots: 48
Project Acreage: 47.5
Zoning District: R-1 Low Density Single Family and R-2 Medium Density Single Family
PPIN Number: 98367
Engineer of record: Dewberry Engineers, Inc.
School District: Fairhope West Elementary, Fairhope Middle, and Fairhope High School
Report prepared by: Carla L. Davis, Planner
Summary:
1) Phase One; a forty-eight (48) lot major subdivision.(Phase II has not yet been submitted)
2) Property consists of approximately 47.5 total acres, with the smallest lot being identified
as 14,278 square feet (0.32 acres) and the largest lot being 54,745 square feet (1.25
acres).
Staff Recommendation:
APPROVAL of case # SD 20.22, North Hills at Fairhope Phase I Final Plat contingent upon
satisfaction of the following conditions preceding application of signatures to the final plat:
1) Completion of any and all punch list items which shall be to the satisfaction of City of
Fairhope staff prior to placing approval signatures on the final plat.
2) The warranty period for the sewer lift station shall not commence until the lift station
pumps are installed in the wet well to the satisfaction of the Fairhope Public Utilities
Water and Sewer Superintendent.
3) Memorialize the required follow-up procedures required of staff and the applicant:
a. Applicant shall furnish to staff a copy of the recorded final plat AND a copy of the
recorded stormwater Operations and Maintenance Agreement.
b. Upon receipt of items included in “a” above, staff will prepare a DRAFT
resolution of dedication of the streets and utilities and transmit the DRAFT
resolution to the City Clerk for editing and inclusion on a future City Council
meeting agenda for adoption by the Fairhope City Council.
i. The Mayor of the City of Fairhope will execute resolution of dedication as
well as the Maintenance and Guaranty Agreement upon adoption.
ii. The City Clerk will serve as the custodian of the Maintenance and
Guaranty Agreement, Maintenance Bond, Subdivision Performance Bond
Agreement, and Subdivision Performance Bond until release of bonds by
staff.
c. Maintenance Bond Expiration: February 12, 2022
d. Subdivision Performance Bond Expiration: February 12, 2022
e. Stormwater O&M Inspection Begins: February 12, 2025
Casey Hill of Dewberry Engineers, LLC was present on behalf of the applicant.
Public Hearing:
No one was present to speak regarding the case.
Motion:
Richard Peterson made a motion to accept the staff recommendation for APPROVAL of case #
SD 20.22, North Hills at Fairhope Phase I Final Plat contingent upon satisfaction of the following
conditions preceding application of signatures to the final plat:
1) Completion of any and all punch list items which shall be to the satisfaction of City of
Fairhope staff prior to placing approval signatures on the final plat.
2) The warranty period for the sewer lift station shall not commence until the lift station
pumps are installed in the wet well to the satisfaction of the Fairhope Public Utilities
Water and Sewer Superintendent.
3) Memorialize the required follow-up procedures required of staff and the applicant:
a. Applicant shall furnish to staff a copy of the recorded final plat AND a copy of the
recorded stormwater Operations and Maintenance Agreement.
b. Upon receipt of items included in “a” above, staff will prepare a DRAFT
resolution of dedication of the streets and utilities and transmit the DRAFT
resolution to the City Clerk for editing and inclusion on a future City Council
meeting agenda for adoption by the Fairhope City Council.
i. The Mayor of the City of Fairhope will execute resolution of dedication as
well as the Maintenance and Guaranty Agreement upon adoption.
ii. The City Clerk will serve as the custodian of the Maintenance and
Guaranty Agreement, Maintenance Bond, Subdivision Performance Bond
Agreement, and Subdivision Performance Bond until release of bonds by
staff.
c. Maintenance Bond Expiration: February 12, 2022
d. Subdivision Performance Bond Expiration: February 12, 2022
e. Stormwater O&M Inspection Begins: February 12, 2025
2nd:
Art Dyas 2nd the motion and the motion carried with the following vote.
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Aye
RP – Aye
CHB – Aye
KB – Not present
IR 20.01 Kevin & Anna Anderson
Property Owner /Applicant: John and Donna Anderson
General Location: West terminus of Brenda Road
Project Type: Informal Review of a subdivision
Number of lots: 2
Project Acreage: 6
Zoning District: Unzoned Baldwin County (Fairhope ETJ)
PPIN Number: 107659
Report given by: J. Buford King, Development Services Manager
Summary:
Proposed lot and parent parcel do not front upon a paved, publicly-maintained street.
It appears that existing PPIN# 107659 is accessed across PPIN# 23202 via permission from
family.
An ingress-egress easement is a possible cure for the access issue, however acceptance requires
a wavier of the above-mentioned section of the subdivision regulations.
Subdivision regulations requires a fire hydrant within 450’. A new subdivision application
triggers this requirement.
The hydrant at the western terminus of Brenda Road is a flush hydrant, not a fire hydrant.
The applicant may submit a waiver request in lieu of installing a fire hydrant.
The proposed subdivision falls within the Fairhope permit jurisdiction. A possible alternative to
installing a new fire hydrant and upgrading the main size is requiring a note on the plat
requiring all dwellings constructed upon the new lots to be sprinkled (if this alternative is
approved by the building official).
A wavier from the subdivision regulations is required in either case.
Staff Recommendation:
Provide feedback and comments.
Kevin Anderson was available on behalf of the applicant.
Motion:
No action is required nor was made.
Old/New Business
SD 18.10 Replat of Lot 2, Young Oaks
Sidewalk Discussion
Property Owner /Applicant: David Cooper
General Location: North side of Nichols Avenue just west of Troyer Boothe Road
Report given by: J. Buford King, Development Services Manager
Summary:
Approved by the Planning Commission April 2, 2018.
2-lot minor subdivision, zoning remains R-3PGH.
The subdivision plat was recorded April 25, 2018 and is reflected by Slide # 2637-C.
The Planning Commission added a condition of approval “Sidewalks shall be installed along Nichols
Avenue.”
A subdivision performance bond agreement was submitted to staff by the applicant and included a
check for $2,613.00.
The sidewalk cost was approved by the public works director as indicated on the Engineer’s Schedule of
Values.
Due to factors illuminated by the Public Works Director, plans for sidewalk construction along Nichols
Avenue have been suspended and future sidewalk construction is not planned.
The applicant is requesting refund of $2,613.00 due to non-installation of sidewalks because the
installation of sidewalks was a specific requirement of the Planning Commission via condition of
approval, staff presents the refund request to the planning commission for consideration.
Staff Recommendation:
Provide feedback and comments.
Mr. Turner recommended holding the discussion over to the next meeting.
Motion:
No action was required.
Adjournment
Motion:
Art Dyas made a motion to adjourn at 9:00PM.
2nd:
Hollie MacKellar 2nd the motion and the motion carried with the following vote.
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Aye
RP – Aye
CHB – Aye
KB – Not present