HomeMy WebLinkAbout07-06-2020 Planning Commission Meeting SynopsisCall to Order
Lee Turner called the meeting to order at 5:04PM. 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) – Absent
Richard Peterson (RP) – Absent
Clarice Hall-Black (CHB) – Present
Kevin Boone (KB) – Present
Approval of Minutes
The minutes of the June 1, 2020 Planning Commission meeting were considered.
Motion:
Art Dyas made a motion to accept the minutes as written.
2nd:
Harry Kohler 2nd the motion and the motion carried unanimously with the following vote:
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Absent
RP – Absent
CHB – Aye
KB – Aye
UR 20.04 AT&T – Twin Beech Road
Property Owner /Applicant: AT & T
General Location: North side of Twin Beech Rd. from 8345 Twin Beech Rd. to County Rd 13
Project Type: Proposed installation of approximately 3,729 linear foot of underground fiber optic
cable
Jurisdiction: City of Fairhope
Report prepared by: Samara Walley
Comments:
The proposed utility construction falls within the Corporate limits of the City of Fairhope. The
comments below are typical general comments for City of Fairhope right-of-way projects. Any
portions of the project affecting public right-of-way (ROW) maintained by Baldwin County or the
Alabama Department of Transportation (ALDOT) shall require permits through the Baldwin County
Highway Department or ALDOT.
This application has been reviewed by the Planning Department as well as the Public Works and
Utilities departments. The Right of Way inspector required that all City utility crossings be potholed
and verified by City ROW inspector before crossing. The applicant coordinated with the Right of
Way inspector and agreed that potholing could be completed just prior to the boring process.
Elevations for all crossings have been requested on as-built drawings at the end of the project.
Recommendation:
Staff recommends approval of UR 20.04 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 drawing 4 of 11 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 “3” above.
b. Upon satisfactory review and approval by ROW Construction Inspector, as-builts will
be submitted to the utilities GIS technician for inclusion in GIS utility maps as
needed.
Wade Mitchell of AT&T was present on behalf of the applicant.
Motion:
Art Dyas made a motion to accept the staff recommendation to APPROVE 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 drawing 4 of 11 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 “3” above.
b. Upon satisfactory review and approval by ROW Construction Inspector, as-builts will
be submitted to the utilities GIS technician for inclusion in GIS utility maps as
needed.
2nd:
John Worsham 2nd the motion and the motion carried unanimously with the following vote:
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Absent
RP – Absent
CHB – Aye
KB – Aye
SD 20.17 Resolution 2020-01
Report prepared by: J. Buford King, Development Services Manager
RESOLUTION NO: 2020-01
A RESOLUTION AMENDING THE COVERPAGE; ARTICLE II, DEFINITIONS; ARTICLE IV, SECTION B.
PRE-APPLICATION AND SKETCH PLAT; ARTICLE IV, SECTION C. PRELIMINARY PLAT; ARTICLE IV,
SECTION D. FINAL PLAT; ARTICLE IV, SECTION E. PROCEDURE EXCEPTIONS; ARTICLE IV,
SECTION H. MULTIPLE OCCUPANCY PROJECTS; ARTICLE V, SECTION B. APPROVAL
STANDARDS; ARTICLE V, SECTION C. GREENSPACE STANDARDS; ARTICLE V, SECTION D.
STREET STANDARDS; ARTICLE V, SECTION E. LOT STANDARDS; ARTICLE VI, SECTION B.
STREETS AND LANES; ARTICLE VI, SECTION D. SIDEWALKS; ARTICLE VI, SECTION E.
STORMWATER; ARTICLE VI, SECTION I. PERMANENT MONUMENTS; ARTICLE VI, SECTION L.
REQUIREMENT TO COMPLETE IMPROVEMENTS; ARTICLE VII, SECTION A. WAIVER STANDARDS
OF THE CITY OF FAIRHOPE SUBDIVISION REGULATIONS
Public Hearing:
No one was present to speak.
Motion:
Rebecca Bryant made a motion to approve Resolution 2020-01 with the removal of number 3
and number 5.
2nd:
John Worsham 2nd the motion and the motion carried unanimously with the following vote:
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Absent
RP – Absent
CHB – Aye
KB – Aye
SD 20.25 Mars Hill Subdivision
Property Owner /Applicant: CFP Housing, LLC – Curtis F. Pilot
General Location: Northeast intersection of CR32 and US HWY 98 (Greeno Road)
Number of lots: 3
Zoning District: Unzoned Baldwin County within County Planning District 17
Parent Parcel PPIN Number: 235003
Engineer of record: Jason Estes, PE Surveyor of Record: Victor Germain, PLS
School District: Fairhope Elementary, Intermediate, Middle, and High Schools
Report prepared by: J. Buford King, Development Services Manager
Comments:
• Article V, Section E.3.a. Lot Standards – Lot Access
a. The initial application included proposed Lot 1 not fronting upon a paved,
publicly-maintained street
b. The plat has been amended to reflect Lot 1 as a “flag” lot that fronts upon
Greeno Road and thus meets the requirements of this section.
• Article IV, Section C.1.c. Street Plan Requirements
a. The initial application proposed “Mars Hill Lane” which was requested as a
private ROW but met neither the lot nor ROW standards.
b. The private ROW is no longer requested and proposed Lot 1 is now a “flag” lot
that includes the former Mars Hill Lane. An ingress/egress easement across the
portion of Lot 1 connecting to Greeno Road is included on the plat in favor of lots
2 and 3, however proposed Lots 2 and 3 also meet the frontage requirements of
the subdivision regulations.
• Article VI, Section D. Construction Standards-Sidewalks
a. No sidewalks along US HWY 98/Greeno Road and County Road 32 are provided
in subject application or proposed within pedestrian/sidewalk easements
b. A waiver from the sidewalk installation requirement has been requested and the
developer is willing to place a pedestrian access easement along the margin of
the affected ROWs upon which sidewalks may be constructed at a future time.
• Article IV, Section C.1.b.(13) and Article V, Section D.5.a.(9) Tree Protection Plan
a. The applicant indicates no development activities above and beyond the
creation of proposed lots is known for the site at the time of consideration and
thus no tree protection is required
• Article IV, Section C.1.h. Traffic Data and Traffic Study:
a. The engineer of record (EOR) has provided correspondence indicating the
proposed subdivision does not trigger a traffic study
• Article IV, Section.D.1.b.(17) Maintenance Plan for maintenance of detention facilities
a. Two existing detention ponds provide stormwater storage and treatment for the
site and to continue to accommodate drainage needs for the entire site after the
creation of multiple lots, a blanket drainage easement is noted on the plat on the
entirety of the property.
b. An Operations and Maintenance (O&M) Plan and Agreement will be necessary
for the detention ponds and the stormwater system in order to meet the current
requirements of the subdivision regulations, and will be included as a condition
of approval.
Recommendation:
Staff recommends APPROVAL of case number SD 20.25 subject to the following conditions:
1. Acceptance of the applicant’s request for a partial wavier of Article IV, Section “D”
sidewalks.
a. In lieu of installing sidewalks along CR 32 and Greeno Road, the applicant is
willing to place a pedestrian access easement on the subdivision plat along the
margin of the frontage of the CR 32 and US 98 ROWs which will allow installation
of sidewalks at a future time.
b. Staff does not object to this waiver request because the nearest sidewalks along
the respective ROWs are more than one road mile from the subject property.
2. Preparation, submission, and recording of a Stormwater Operations Maintenance Plan
and Agreement for the existing stormwater system on subject property as prerequisite
to applying staff signatures on the plat.
Public Hearing:
No one was present to speak. Mrs. Boyett stated she received one telephone call regarding the
request.
Motion:
Art Dyas made a motion to accept the staff recommendation to APPROVE subject to the
following conditions:
1. Acceptance of the applicant’s request for a partial wavier of Article IV, Section “D”
sidewalks. The applicant shall place a pedestrian access easement on the subdivision
plat along the margin of the frontage of the CR 32 and US 98 ROWs which will allow
installation of sidewalks at a future time.
2. Preparation, submission, and recording of a Stormwater Operations Maintenance Plan
and Agreement for the existing stormwater system on subject property as prerequisite
to applying staff signatures on the plat.
2nd:
Harry Kohler 2nd the motion and the motion carried unanimously with the following vote:
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Absent
RP – Absent
CHB – Aye
KB – Aye
SD 20.29 USA Mapp Subdivision
Property Owner /Applicant: Mapp Limited Partnership
General Location: Southeast Corner of the intersection of State HWY 181 and State HWY 104
Project Type: Minor Subdivision
Number of lots: 2
Zoning District: Unzoned Baldwin County within County Planning District 14
Parent Parcel PPIN Number: 77680
Surveyor of Record: Victor L. Germain, PLS # 38473, Dewberry Engineers
School District: Fairhope Elementary, Intermediate, Middle, and High Schools
Report prepared by: Carla Davis, City Planner
Comments:
The subject property is in Fairhope’s Extra Territorial Jurisdiction and therefore must follow
Fairhope’s Subdivision Regulations. The proposed subdivision according to Fairhope’s
Subdivision Regulations is a minor subdivision and has been reviewed accordingly. Fairhope’s
Subdivision Regulations Article VI Section D requires the provision of sidewalks along all streets
in the Planning Jurisdiction of Fairhope. The preliminary plat depicts a 10’ sidewalk easement
along US Highway 181 and Highway 104. The applicant is also requesting a sidewalk waiver.
Article VI, Section G also requires the provision of fire hydrants to be installed along each street
at a maximum interval of four hundred fifty (450) feet, or at the ends and center of each block,
or as otherwise required by the fire authority having jurisdiction. The applicant is also
requesting a fire hydrant waiver along US Highway 181 and 104 for the deferral of installation
of fire hydrants until the submission of a site plan (the applicant states it is forthcoming).
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. Power is supplied by Riviera Utilities.
Baldwin County Sewer Service will be provided sewer, and the telephone service will be
provided by AT& T.
Recommendation: Staff recommends APPROVAL of Case number SD 20.29 USA Mapp
Subdivision, subject to the following conditions:
1) Sidewalk Wavier deferring construction of sidewalk until a site plan is submitted.
2) Fire Hydrant Waiver deferring installation of sidewalks until a site plan is submitted.
Sam Irby of Irby and Heard was present on behalf of the applicant.
Public Hearing:
No one was present to speak.
Motion:
Art Dyas made a motion to accept the staff recommendation to APPROVE subject to the
following condition:
1) A note shall be added to the plat stating sidewalks and fire hydrants shall be installed to
the specifications of the City of Fairhope Subdivision Regulations at the time of building
construction for each lot independently.
2nd:
Rebecca Bryant 2nd the motion and the motion carried unanimously with the following vote:
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Absent
RP – Absent
CHB – Aye
KB – Aye
SD 20.30 Ferry Road Estates
Property Owner /Applicant: Corinne Synder
General Location: East side of Ferry Road between Keeny Drive and Ferry Road Circle
Project Type: Minor Subdivision
Number of lots: 2
Zoning District: Unzoned Baldwin County within County Planning District 14
Parent Parcel PPIN Number: 317
Surveyor of Record: Seth W. Moore, PLS # 16671, Moore Surveying
School District: Newton Elementary, Fairhope Middle and High Schools
Report prepared by: Carla Davis, City Planner
Comments:
The subject property is in Fairhope’s Extra Territorial Jurisdiction and therefore must follow
Fairhope’s Subdivision Regulations. The proposed subdivision according to Fairhope’s
Subdivision Regulations is a minor subdivision and has been reviewed accordingly. Fairhope’s
Subdivision Regulations Article VI Section D requires the provision of sidewalks along all streets
in the Planning Jurisdiction of Fairhope. The preliminary plat depicts a 15’ drainage, utility, and
sidewalk easement. The applicant has also requested a sidewalk waiver.
The proposed subdivision does not include the building of any infrastructure or improvements
at this time, 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 and gas services will be provided by the City of Fairhope. Power is supplied by Baldwin
County EMC; and Baldwin County Sewer Service will provide sewer.
Recommendation:
Staff recommends APPROVAL of Case number SD 20.30 Ferry Road Estates Subdivision, subject
to the following conditions:
2) Approval of a sidewalk waiver (15’ drainage, utility, and sidewalk easement along the
margin of the property adjacent to Ferry Road is reflected on the plat).
Seth Moore of Moore Surveying, Inc. was present on behalf of the applicant.
Public Hearing:
No one was present to speak. Mrs. Boyett stated there is one letter of opposition in the packet.
Motion:
Art Dyas made a motion to TABLE the request to address lot width.
2nd:
Rebecca Bryant 2nd the motion and the motion carried unanimously with the following vote:
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Absent
RP – Absent
CHB – Aye
KB – Aye
SD 20.31 Dewberry Estates
Property Owner /Applicant: Joey & Janet Langley
General Location: North side of Dewberry Lane
Project Type: Minor Subdivision inside Fairhope’s ETJ
Number of lots: 2
Project Acreage: 3.80
Zoning District: Unzoned
PPIN Number: 56024
Engineer of record: Smith, Clark & Associates
School District: J Larry Newton, Fairhope Middle, Fairhope High School
Report prepared by: Samara Walley
Comments:
The preliminary plat illustrates a 2-lot subdivision. There is an existing dwelling on the proposed
Lot 1 and an existing 15’x12’ shed on the proposed Lot 2. The proposed lots do not front a
paved, publicly maintained road but rather a 30’ ingress & egress easement. The applicant has
submitted a waiver request for frontage on a public street. The applicant has also submitted
waiver requests for a sidewalk and fire hydrant.
It should be noted that Staff received comments via email from the City of Fairhope Fire
Inspector official stating that he would not be in favor of the approval of a waiver for a fire
hydrant at this location.
Recommendation:
Staff recommends TABLING SD 20.31 (with applicant’s consent) to allow the applicant to
submit the following:
1. Submission of Plans and Profiles of a fire hydrant as required by Article VI Section G and
resubmission of the application to reflect a major subdivision containing a preliminary
plat approval request in lieu of concurrent preliminary and final plat approval.
If it is the pleasure of the Planning Commission to approve case number SD 20.31, Staff
recommends the following conditions of approval:
1. Acceptance of a waiver from the requirement to install a fire hydrant as required by
Article IV Section G.;
2. Acceptance of the waiver from the requirement for sidewalk installation as required in
Article VI, Section D; and
3. Acceptance of the waiver request to allow a subdivision that does not front a paved,
publicly maintained road as required in Article V Section E.
Hunter Smith of Smith Clark & Associates was present on behalf of the applicant.
Public Hearing:
Janet Langley of 9781 Dewberry Lane – She stated this request is to allow her son to build a
house. She acknowledged concerns with the road and said they are working to resolve them.
Motion:
Art Dyas made a motion to accept the staff recommendation to TABLE the request to address
fire protection concerns.
2nd:
Harry Kohler 2nd the motion and the motion carried unanimously with the following vote:
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Absent
RP – Absent
CHB – Aye
KB – Aye
Old/New Business
Subdivision Regulation Amendment Discussion
Hunter Simmons and Buford King provided the Commission with proposed amendments to the
Subdivision Regulations regarding “family” subdivisions.
Motion:
No action is required nor was made.
Adjournment
Motion:
Kevin Boone made a motion to adjourn at 7:40PM.
2nd:
Rebecca Bryant 2nd the motion and the motion carried unanimously with the following vote:
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Absent
RP – Absent
CHB – Aye
KB – Aye