HomeMy WebLinkAbout05-04-2020 Planning Commission MinutesMay4,2020
Planning Commission Minutes
The Planning Commission met virtually Monday, May 4, 2020 at 5:00 PM at the City
Municipal Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; Art Dyas; Rebecca Bryant; Harry Kohler; John
Worsham; Hollie MacKellar; Clarice Hall-Black; 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: Kevin Boone, Council Liaison
Chairman Turner called the meeting to order at 5:07 PM and explained the procedures of
the meeting. Mr. Turner took a roll call of those present.
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, Scott Hutchinson. The
property is located on the south side of County Road 34 between Point Clear Court and Poviner
Place. Mr. Jeffries gave the staff report saying the property is approximately 7.23 acres of
unzoned land located in Baldwin County District 17. 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. 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.
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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. He stated the application meets the Subdivision Regulations and said a golf
course study was also prepared for this site.
Mr. Turner opened the 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.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mr. Dyas said it is common sense no to do this development on this site. Mrs. Bryant
referenced the tree preservation comments and suggested the residents petition the City
Council to strengthen it for residential properties. Mr. Kohler stated there is subjectivity
on review but he agrees with the adjacent property owners and the existing residents
bought their properties based on the golf course. Mr. Peterson suggested requiring
netting along the perimeter of the site to address the safety concerns. Mrs. Hall-Black
said she sees the dangers and agrees the health, safety, and welfare of the city is a valid
concern with this development. Mr. Hutchinson said the applicant is not opposed to
having the road private and gated. Mr. Dyas said cart path safety is a concern with the
intersection with County Road 44 and the proposed new access.
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Art Dyas made a motion to deny the request due to concerns for the health, safety, and
welfare of the community. Clarice Hall-Black 2nd the motion.
Mr. Turner stated the design of holes on both sides of the houses is not good. Mr. Dyas
said the entire aesthetic quality of the area would suffer if this property was developed.
The motion carried with the following roll call vote: A YE Art Dyas, Rebecca Bryant,
Harry Kohler, John Worsham, Lee Turner, Hollie MacKellar, and Clarice Hall-Black.
NAY -Richard Peterson.
SD 20.14 Public hearing to consider the request of Rodney and Melissa Jemison for
plat approval of J&J Farms Subdivision, a 2-lot minor division, David Shomer. The
property is located on the north side of Champion Road just east of Old Pierce Road. Ms.
Davis gave the staff report saying the property is approximately 3.69 acres ofunzoned
land located in Baldwin County. The applicant is also requesting a waiver to Article VI,
Section D. Sidewalks requirements in the City of Fairhope Subdivision Regulations
which states "sidewalks shall be installed on all streets within the planning jurisdiction of
the City of Fairhope." Staff recommendation is 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 Shum er of Barton and Shumer Engineering, LLC was available on behalf of the
applicant and stated the applicant has already received a family subdivision approval
from Baldwin County. He said he has no concern with the condition of approval.
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 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.
Richard Peterson 2nd the motion and the motion carried unanimously with the following
roll call vote: AYE-Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee
Turner, Hollie MacKellar, Richard Peterson, and Clarice Hall-Black. NAY -none.
SD 20.15 Public hearing to consider the request of Ronald Gawrysh and Dena
Stratton for plat approval of The Summit, a 4-lot minor subdivision, David Shomer.
The property is located on the east side of Young Street across from Kirkman Lane. Mrs.
Walley gave the staff report saying the property is approximately 19.35 acres and 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. l. 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.
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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. Staff recommendation is to
approve.
David Shumer of Barton and Shumer Engineering, LLC was available on behalf of the
applicant.
Mr. Turner opened the 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.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mrs. Hall-Black noted Lot 4 drains to the rear of the Boys and Girls Club and holds
water. Mrs. Bryant asked if the wetland survey was for the entire site or only Lot 1 and
Mr. Shumer answered it was for the entire site.
John Worsham made a motion to accept the staff recommendation to approve. Art Dyas
2nd the motion and the motion carried unanimously with the following roll call vote: A YE
-Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Hollie
MacKellar, Richard Peterson, and Clarice Hall-Black. NAY none.
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, Matthew Roberts. The property is located on the east side of State
Highway 181 just south of County Road 48. Mr. King gave the staff report saying the
property is approximately 2.51 acres of unzoned land in located in Baldwin County
District 14. He explained the installation of a new water main and fire hydrant requires
the project to be processed as a major subdivision. Staff recommendation is 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 Cl.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 JV, Section Cl. 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 Cl. 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.
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4) Article JV, Section Cl. 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.
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 for preliminary plat
APPROVAL of Case number SD 20.16, Resubdivision of Lot 4 East Fairhope Plaza,
subject to the following conditions:
1) Article JV, Section Cl.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 JV, Section Cl. b. (14) Memorialize that finished floor elevations (FFEs)
must be shown on the final plat at the time of final plat submission.
3) Article JV, Section Cl.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 JV, Section Cl.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.
John Worsham 2nd the motion and the motion carried unanimously with the following roll
call vote: AYE-Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner,
Hollie MacKellar, Richard Peterson, and Clarice Hall-Black. NAY none.
UR 20.03 Request of Southern Light for an 11.52.11 Utility Review and approval of
the proposed underground installation of approximately 917 linear foot of fiber
optic cable, Trey Morgan. The project will run along N. Section Street to service 831
N. Section Street. Mr. King gave the staff report saying the applicant proposes utilizing
directional boring. No open trenches shall be allowed. Staff recommendation is to
APPROVE with the following conditions:
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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.
Mr. Turner opened the floor to public comment and no one was present to speak
regarding this case.
Mr. Morgan was present and stated there will be a pre-construction meeting prior to
beginning work.
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.
Harry Kohler 2nd the motion and the motion carried unanimously with the following vote:
A YE-Art Dyas, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black,
and Kevin Boone. NAY -none.
SD 20.18 Public hearing to consider the request of James Scopolites for plat
approval of Gayfer Place, a 3-lot minor subdivision, Seth Moore. The property is
located on the northeast comer of the intersection of Gayfer Road Extension and Bishop
Road. Mrs. Walley gave the staff report saying the property is approximately 6.18 acres
of unzoned land in Baldwin County. 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
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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. 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 I 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. Staff recommendation is APPROVAL of SD 20.18 with the following
condition:
1. Provision of a revised plat illustration a sidewalk along Bishop Road or a
sidewalk easement.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing.
Mr. Peterson stated he did not see a water line on Lot 1 or a fire hydrant. Mr. King
responded there is a fire hydrant at the intersection of Bishop Road and Gayfer Road.
Mr. Peterson questioned if the fire hydrant meets the location requirements for Lot 1 and
Mrs. Walley responded the hydrant is within 450' from the portion of Lot 1 along Bishop
Road. Mr. Peterson stated concerns with there not being a fire hydrant within 450' of the
buildable area for Lot 1. Mr. Turner stated he wants sidewalks on Bishop Road and Mrs.
MacKellar agreed and said not just an easement.
Hollie MacKellar made a motion to APPROVE with the following condtion:
1. Installation of a sidewalk along Bishop Road.
Clarice Hall-Black 2nd the motion.
Mr. King explained the applicant would only have 60 days to construct the sidewalks and
record the plat. Mr. Dyas said the flag lot meets the technical requirements. Mr. Watson
said it meets the letter of the law but it is not practical, no structure on the property will
be within 450'. Mr. King stated the Fire Inspector reviewed and approved the proposed
plat and fire hydrant locations. Mr. Peterson stated a hydrant should be added to meet the
requirement. Mrs. Bryant said this issue is not resolved enough to be comfortable voting.
She said this is as dangerous as golf balls to the health, safety, and welfare of the city.
Hollie MacKellar withdrew her motion.
Clarice Hall-Black withdrew her 2nd .
Hollie MacKellar made a motion to table the request for further discussion.
Clarice Hall-Black 2nd the motion and the motion carried unanimously with the following
vote: A YE Art Dyas, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-
Black, and Kevin Boone. NAY -none.
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, Melibe Thomas. The
property is located on the northeast comer of the intersection of State Highway 181 and
County Road 48 (a.k.a. Fairhope Avenue). Mrs. Walley gave the staff report saying the
property is approximately 7.14 acres ofunzoned land in Baldwin County. 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 rep lat. Due
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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. 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. Staff recommendation is 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.
Melibe Thomas was present on behalf of the applicant and stated both conditions have
been met.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing.
Mr. Turner asked about the sidewalk easement and Mrs. Walley stated the applicant has
included the easement because the property is not being developed at this time. Ms.
Thomas stated the sidewalks will be constructed at the time of site plan development.
Mr. Peterson asked if a provision for the ROW widening has been addressed and Ms.
Thomas stated she has spoken with ALDOT and no improvements have been proposed or
any additional information given; however, there is a 60' construction setback. Mr. King
suggested a note be added to the plat that sidewalks will be built at the time of
development.
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.
Harry Kohler 2nd the motion and the motion carried unanimously with the following vote:
A YE-Art Dyas, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black,
and Kevin Boone. NAY -none.
SD 20.20 Public hearing to consider the request ofFST Pauline J. Moyd for
Preliminary plat approval of Live Oak Estates, a 76-lot subdivision, Joe Rector. The
property is located at the southwest comer of the intersection of State Highway 181 and
Bay Meadows Avenue. Mr. Jeffries gave the staff report saying 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. 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.
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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.
Mr. Turner opened the 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.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mr. Rector addressed the public comments saying the trees located on the landscape plan
are only the ones required. He stated the buffer requirements are either a natural
undisturbed area or a fence but not both. He said the common area and trails are included
in the plan as approved with the PUD. He also stated the sewer will be gravity. Mr.
Simmons stated the city ordinances regarding the landscape plan are conflicting and the
applicant has used the more stringent requirements. Mr. Peterson asked the sewer could
be stubbed out to Bay Meadows from Golden Leaf A venue and Micah Jones responded
he would look at the options and try to accommodate.
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.
Richard Peterson 2nd the motion and the motion carried unanimously with the following
vote: A YE -Art Dyas, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-
Black, and Kevin Boone. NAY -none.
SD 20.21 Public hearing to consider the request of Gumbo South, LLC for plat
approval of RARE Properties Subdivision, a 2-Iot minor division, Casey Hill. The
property is located on the south side of US Highway 98 at 8480 US Hwy. 98. Mr.
Jeffries gave the staff report saying the property is approximately 14.51 acres ofunzoned
land in Baldwin County. The applicant is requesting simultaneous preliminary and final
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plat approval and no waivers are requested. Staff recommends APPROVAL of SD 20.21
RARE Properties Subdivision.
Casey Hill was present on behalf of the applicant.
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 for AP PROV AL of SD
20.21 RARE Properties Subdivision.
John Worsham 2nd the motion and the motion carried unanimously with the following
vote: A YE -Art Dyas, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-
Black, and Kevin Boone. NAY -none.
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,
Casey Hill. The property is located on the north side of State Highway 104
approximately½ mile east of County Road 13. Ms. Davis gave the staff report saying the
site is approximately 47.5 acres and is zoned R-1 Low Density Single Family Residential
District and R-2 Medium Density Single Family Residential District. She stated this is
only phase one of the development. Staff recommendation is 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 storm water Operations and Maintenance Agreement.
b. Upon receipt ofitems 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.
1. The Mayor of the City of Fairhope will execute resolution of
dedication as well as the Maintenance and Guaranty Agreement
upon adoption.
11. 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.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing.
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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 storm water 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.
1. The Mayor of the City of Fairhope will execute resolution of
dedication as well as the Maintenance and Guaranty Agreement
upon adoption.
11. 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
Art Dyas 2nd the motion and the motion carried unanimously with the following vote:
A YE -Art Dyas, Lee Turner, Hollie MacKellar, Richard Peterson, Clarice Hall-Black,
and Kevin Boone. NAY -none.
IR 20.01 Request of John and Donna Anderson for an Informal Review of Kevin &
Anna Anderson, a 2-lot subdivision, Kevin Anderson. The property is located at the
west terminus of Brenda Road. Mr. Anderson stated the property is approximately 6
acres and the 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. The adjacent property is owned by Krhut Farms, Inc. which
includes five owners. 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. Mr. Turner stated
the ISO ratings are important he does not like waivers for fire hydrants. He added there
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Planning Commission Minutes
needs to be a process for "family" subdivisions. Mr. Simmons asked if sprinklers versus
hydrants could be acceptable and Mr. Turner stated the regulations do not contemplate
sprinklers but if that is something we want to consider then the regulations need to be
amended. Mr. Peterson asked if the city provides water service could fire protection be
part of the water. Mr. Dyas said waivers should not be granted for one project and not
another and Mr. Turner agreed the rules should be the same for everyone. Mr. Simmons
said a threshold needs to be established for the requirements. Mr. Peterson stated there
are existing residences that do not have adequate protection.
Old/New Business
SD 18.10 Replat of Lot 2, Young Oaks-Sidewalk discussion, Buford King. Mr.
King gave a review saying the referenced case was approved by the Planning
Commission on April 2, 2018, as a 2-lot minor subdivision zoned 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 A venue 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. Mr. Turner requested this discussion be held
over to the next meeting.
Having no further business, Art Dyas made a motion to adjourn. Hollie MacKellar 2nd
the motion and the meeting was adjourned at 9:00 PM.
Emil
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