HomeMy WebLinkAbout07-06-2020 Planning Commission MinutesJuly 6, 2020
Planning Commission Minutes
The Planning Commission met virtually Monday, July 6, 2020 at 5:00 PM at the City
Municipal Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; Art Dyas; Rebecca Bryant; Harry Kohler; John
Worsham; Clarice Hall-Black; Kevin Boone, Council Liaison; Buford King,
Development Services Manager; Hunter Simmons, Planning and Zoning Manager; Carla
Davis, Planner; Samara Walley, Planner; Emily Boyett, Secretary; and Ken Watson, City
Attorney
Absent: Hollie MacKellar and Richard Peterson
Chairman Turner called the meeting to order at 5 :04 PM and explained the procedures of
the meeting. Mr. Turner took a roll call of those present.
The minutes of the June 1, 2020 Planning Commission meeting were considered. Art
Dyas made a motion to accept the minutes as written. Harry Kohler 2nd the motion and
the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca
Bryant, Harry Kohler, John Worsham, Lee Turner, Clarice Hall-Black, and Kevin Boone.
NAY-none.
Mr. Turner stated agenda item F. UR 20.04 would be heard first.
UR 20.04 Request of AT&T for 11.52.11 Utility Review and approval of the
proposed installation of approximately 3,729 linear foot of underground fiber optic
cable, Wade Mitchell. The project will run along the north side of Twin Beech Road
from 8345 Twin Beech Road to County Road 13. Mrs. Walley gave the staff report
saying the project will be directional bored and no open trenches are allowed. 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.
Art Dyas made a motion to accept the staff recommendation to APPROVE subject to 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 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.
John Worsham 2 nd the motion and the motion carried unanimously with the following
vote: Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Clarice Hall-
Black, and Kevin Boone.
SD 20.17 Public hearing to consider the request of the City of Fairhope Planning
and Zoning Department of Resolution 2020-01 for various proposed amendments to
Article IV, Section E. Procedure Exceptions; Article V, Section C. Greenspace;
Article VI, Section D. Sidewalks; Article VI, Section E.8. As-Built Drawings; and
Article VI, Section L. Requirement to Complete Improvements in the Subdivision
Regulations, Buford King. Mr. King gave the staff report and explained each of the
following proposed amendments:
1. The cover page is hereby revised to reflect the date of last amendment.
2. Article II Definitions of the Subdivision Regulations is hereby revised as
follows:
Lot: a parcel of land intended as a unit for transfer of ownership or for building
development, or both, which will generally front upon a public right-of-way,
exclusive of any part of the right-of-way. Designation of land as a tax parcel by
the Baldwin County Revenue Commissioner does not establish a lot of record
within the meaning of these regulations.
3. Article IV, Section B. Pre-Application and Sketch Plat, 1.b. of the
Subdivision Regulations is hereby revised to add the following:
(2) Subdivisions preceded by the creation of a Planned Unit Development
(PUD) are not required to conduct an additional community meeting prior to
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submission of a subdivision preliminary plat provided that a community meeting
was conducted prior to the application requesting rezoning to Planned Unit
Development (PUD).
4. Article IV, Section C. Preliminary Plat, 1.b.(13) of the Subdivision
Regulations is hereby revised as follows:
(13) Tree protection plan shall be submitted for all required street trees or trees
over 20" DBH Tree protection fences shall be installed prior to land
disturbance activities. (See Appendix G)
5. Article IV, Section D. Final Plat, 1. of the Subdivision Regulations is hereby
revised to remove the following wording:
a. Either a financial guaranty (in the form of a performance maintenance
bond) in an amount and form acceptable to the City Council as a guarantee
for the installation of required improvements or the determination of the
City's General Superintendent that all required improvements have been
installed to the City's requirements.
6. Article IV, Section D. Final Plat, 1.b. of the Subdivision Regulations is hereby
revised to add the following:
(20) ESRJ ArcMap Shapefiles including, but not limited to locations of street
centerlines, sidewalk centerlines, curb lines (including back of curb),
property corners, lot lines, and edge of pavement.
7. Article IV, Section E. Procedure Exceptions of the Subdivision Regulations is
hereby revised to read as follows:
1. Minor Subdivisions -For platting of four (4) or fewer lots, where there are
no new streets or rights-of-way, no new utility mains, or any other public
infrastructure (hereinafter "streets or public infrastructure'') required,
application for simultaneous preliminary and final approval may be made to
the Planning Commission. Submittals shall in all other respects meet the
minimum requirements of these regulations.
2. Rep/at -Lot line adjustments may be approved administratively by a rep/at
approved by the Planning Director and/or his/her authorized agent without
review by the Planning Commission, provided that no new lots are thereby
created and that no lot is reduced below the minimum size otherwise
required by the provisions herein or by provisions of the Zoning Ordinance.
The rep/at shall otherwise comply with all requirements of Article V, Section
E. Lot Standards. A rep/at shall require the submission of a sketch plat as
specified in Article IV, Section B.2., except that the location and dimension
of lot lines, and existingfacilities shall be exact. Additionally, a rep/at may
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be required by the Planning Director to resolve discrepancies between lots
of record and tax parcels comprising multiple lots.
8. Article IV, Section H. Multiple Occupancy Projects, 5. of the Subdivision
Regulations is hereby revised to read as follows:
5. PROCEDURE EXCEPTION -For Multiple Occupancy Projects which
include/our (4) or fewer units and/or which no new streets or public
infrastructure is required, application for simultaneous preliminary and
final approval may be made to the Planning Commission. Submittals shall
in all other respects meet the minimum requirements of these regulations.
9. Article V, Section B. Approval Standards, 2.e. of the Subdivision Regulations
is hereby revised to read as follows:
e. Notwithstanding that the proposed subdivision may satisfy the technical,
objective provisions of these regulations, the Commission has discretion to
deny a subdivision if there is any articulable, rational basis for a
determination that the proposed subdivision otherwise endangers the health,
safety, or welfare of persons or property.
10. Article V, Section C. Greenspace Standards, 1. of the Subdivision
Regulations is hereby revised to read as follows:
1. Purpose -These greenspace standards shall implement the Comprehensive
Plan for the physical development of the City by setting the location,
character and extent of playgrounds, squares, parks, and other public
grounds and greenspace to promote good civic design and arrangement.
This design and arrangement shall ensure adequate and convenient
greenspace for recreation.
These standards shall promote the following goals in the Comprehensive
Plan:
(a) create focal points for new and existing neighborhoods by providing
appropriately located parks, schools, parkways, and other amenities; (b)
support development of recreational opportunities; (c) link village centers to
neighborhoods with a parks and trail system; (d) provide public gathering
places; and (e) include greenspace (plaza, parks, greenspace) for social
activity and recreation in new infill development.
11. Article V, Section C. Greenspace Standards, 2. of the Subdivision
Regulations is hereby revised to read as follows:
2. Applicability and Requirements -The regulations in this Section C. shall
apply to any development, whether or not in the City Limits. Greenspace
amounts to be provided shall be calculated based on the net density of a
subdivision and applied to the gross area of the subdivision to determine the
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required greenspace for the subdivision. For the purposes of this section,
net density of a site is the resulting number of units per acre after removing
public or private rights-of-way, storm water infrastructure, wetlands, water
course and undevelopable land based on topography or physical
constraints.
Units Per Acre Greenspace Amount
Less than 2 units per acre 10%
2-4 units per acre 15%
4-6 units per acre 20%
More than 6 units per acre 25%
Multiple Occupancy Project -Commercial 10%
Multiple Occupancy Project Residential, including but not limited to
Mobile Home Developments and Manufactured Home Developments as
defined by the City of Fairhope Zoning Ordinance, Baldwin County Zoning
Ordinance, or Baldwin County Subdivision Regulations as applicable.
Less than 3 units per acre 10%
3 units per acre 15%
4-6 units per acre 20%
More than 6 units per acre 25%
12. Article V, Section C. Greenspace Standards, 3. of the Subdivision
Regulations is hereby revised to read as follows:
3. Eligible Greenspace -Greenspace eligible for meeting the requirements of
this section shall:
a. be usable land for public active or passive recreation purposes.
b. be located in FEMA FIRM map zones AO, A99, D, or VO
c. not be located in any wetland areas as defined by the Federal
Government.
d. not include any retention, detention or similar holding basins, unless:
1. The wet holding basin is clearly integrated into an open space/park
site with adjacent pedestrian facilities and passive recreation
provided by the applicant.
2. Wet holding basin banks shall not exceed a 3: 1 slope.
3. Greenspace credit for wet holding basins basin shall not exceed 30%
of the surface area of the wet holding basin at the basin 's static water
level.
e. not include any right-of-way.
13. Article V, Section C. Greenspace Standards, 4. of the Subdivision
Regulations is hereby revised to read as follows:
4. Design Requirements All eligible greenspace shall coriform to the following
design requirements:
a. Maximize public exposure and public access to greenspace.
b. Streets shall align adjacent to greenspace.
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c. Greenspace shall not be located adjacent to a collector or arterial
street, provided however, greenspace may be located adjacent to, but
outside any highway construction setback lines.
d. Due regard shall be shown for all natural features such as lakes, ponds,
water courses, historic sites and other similar features which, if
preserved, will add attractiveness and value to the property.
e. The amount, distribution and type of open space provided shall be
context sensitive with the built environment around it.
f Types of Greenspace
The following Table 4-1 indicates the categories, types, locations and
general sizes of greenspace that are to be used to meet the City
requirements for greenspace.
Table 4-1: Greenspace Categories and Types
14. Article V, Section C. Greenspace Standards, 4.Table 4-1 of the Subdivision
Regulations is hereby revised to replace "open space" with "greenspace" throughout
Table 4-1.
15. Article V, Section C. Greenspace Standards, 7. of the Subdivision
Regulations is hereby revised to read as follows:
7. Greenspace Maintenance -All required greenspace shall be indicated on
the recorded plat as a public access and use easement. The plat must also
have a note that the property is not dedicated to the City of Fairhope and
that the City of Fair hope is not responsible for maintenance of any or all
required greenspace. Lakes, ponds, watercourses or similar sites will be
accepted for maintenance only if sujjicient land is dedicated as a public
recreation area, park or greenspace. Such areas must be approved by the
Recreation Board and accepted by the City Council before approval of the
plat.
16. Article V, Section D. Street Standards, 5.a.(9) of the Subdivision Regulations
is hereby revised to read as follows:
(9) An inventory of all live trees greater than 20" DBH on site shall be
protected and indicated on a tree preservation plan. Said preservation plan
shall reflect tree protection in the diagram in Appendix G and verbiage
below.
Erecting Barriers is essential to protecting trees during construction. The
applicant shall provide construction fences around all significant trees.
Allow one foot of space from the trunk for each inch of trunk diameter. The
intent is not merely to protect the above ground portion of the trees, but also
the root systems. The fenced area shall be clear of building materials, waste,
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and excess soil. No digging, trenching or other soil disturbance shall be
allowed in the fenced area.
Fines for not complying with the City of Fairhope 's ordinance 1193, tree
protection, will be levied in accordance to the City of Fairhope 's restitution
table.
17. Article V, Section D. Street Standards, 5.a.(ll)(a) of the Subdivision
Regulations is hereby revised to read as follows:
(a) A significant tree is defined as any living tree (overstory or understory) with
a DBH that exceeds twenty (20) inches. Significant trees are protected
under this Ordinance and cannot be cut or intentionally harmed without
expressed written consent of the City Horticulturist.
18. Article V, Section D. Street Standards, 6. of the Subdivision Regulations is
hereby revised to remove the following wording:
The developer may have the flexibility to construct the sidewalks within 2 years
of final plat approval. A letter of credit guaranteeing the construction for 125%
of the engineer's estimate is required At the end of 2 years, all sidewalks shall
be completed by either the developer or City, using the letter of credit.
19. Article V, Section D. Street Standards, 6. of the Subdivision Regulations is
hereby revised to add the following:
(4) Sidewalks
(a) Sidewalks are not required to be installed in the right-of-way where all
lots front on and have access to existing streets or roads, and such
streets or roads are under the jurisdiction of another governing
authority, and that authority has prohibited the installation of sidewalks
in the right-of-way. In such event, the Commission may require the
installation of sidewalks in easements along the margin of the lots
adjacent to the right-of-way.
(b) If so requested, the Commission may waive the requirement to install
sidewalks if, in the discretion of the Commission, sidewalks will not
serve the intended purposes due to the absence of other sidewalks in
proximity to the subdivision or due to topographical conditions.
However, in such cases the Commission shall require sidewalk
easements along the margin of lots adjacent to the right-of-way to
accommodate the installation of sidewalks in the future.
20. Article V, Section E. Lot Standards, 3.a. of the Subdivision Regulations is
hereby revised to read as follows:
a. Except in rural and agricultural subdivisions under Section D. 7(c) and (d),
or as otherwise provided in these regulations, all lots shall front upon a
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paved, publicly maintained street, and be accessed via such frontage. The
Commission, in its discretion, may (but is not required to) allow deviation
from this requirement where such frontage and access to each lot is
unattainable due to unique and extraordinarily unusual characteristics of
the property. Deviation will not be allowed where it appears to the
Commission that that the deviation is proposed, in whole or in part, for the
purpose of reducing development costs or increasing density. In allowing
such deviation the Commission shall require the creation of easements at
least 30' in width to provide for safe and convenient access for
ingress/egress, utilities, and public services. Double frontage lots are
prohibited, except where lots consist of more than 66% of a block.
21. Article VI, Section B. Streets and Lanes, 4. of the Subdivision Regulations is
hereby revised to read as follows:
4. Wearing Surface shall consist of a surface course constructed with asphaltic
concrete. It shall be constructed in one layer, not less than an average
weight of one hundred sixty-five pounds per square yards at an average
thickness of not less than one and one half inches. Wearing surface shall
conform to the lines, grades, and typical cross sections shown on the Plans.
A cross slope of not less than one: quarter inch per foot shall be maintained
from centerline to curb line. Plant mix shall conform to state specifications
for the type work.
22. Article VI, Section D. Sidewalks of the Subdivision Regulations is hereby
revised to read as follows:
Sidewalks shall be installed on all streets within the planning jurisdiction of the
City of Fairhope, except on those streets which are eligible for the rural design
standard expressed in Table 5.3, Appendix A of these regulations, or as
elsewhere provided for in these regulations. On streets requiring sidewalks,
concrete sidewalks which meet the City's standards and specifications expressed
in Chapter 19 of the Code of Ordinances, as amended shall be installed
Sidewalks shall be designed and installed in accordance with good engineering
practice.
23. Article VI, Section E. Storm Water of the Subdivision Regulations is hereby
revised to add the following:
9. ESRI ArcMap Shapefi/es Electronic ESRI ArcMap shapefiles including but
not limited to locations of all storm drainage piping, structures, inlets,
ponds, swales, ditches, and any other forms of stormwater storage,
treatment, or conveyance.
24. Article VI, Section I. Permanent Monuments of the Subdivision Regulations
is hereby revised to read as follows:
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Monuments shall be set at all points where the exterior boundaries of the
subdivision intersect, including points of curvature and points of tangency on
curved boundaries. All monuments and interior lot corners shall be marked as
prescribed by the most recent edition of the Alabama Society of Professional
Land Surveyors document Standards of Practice for Surveying in the State of
Alabama.
25. Article VI, Section L. Requirement to Complete Improvements of the
Subdivision Regulations is hereby revised to read as follows:
Sub-divider shall be responsible for providing all required minimum
improvements in the subdivision. This shall be accomplished by full installation
of such improvements
before the Final Plat is submitted to the Planning Commission for approval.
Sub-divider shall be responsible for providing all test reports, inspection videos,
and ESRI ArcMap Shapejiles including but not limited to the following:
1. Submission of all roadway and drainage-related test reports and
inspection videos as required by Chapter 19 of the City of Fairhope Code
of Ordinances stamped by a licensed professional engineer in the State of
Alabama and including the engineer's stamp and statement certifying the
roadway construction meets the requirements of the project plans.
2. Submission of ESRI ArcMap Shapejiles are required by Article IV Section
D. and Article Vl Section E.
3. Submission of all utility-related test reports, inspection videos, and ESRI
ArcMap Shape files as required by Standard Specifications for
Constructing Sanitary Sewer Facilities and Water Facilities with reports
stamped by a licensed professional engineer in the State of Alabama and
including the engineer's stamp and statement certifying the utility services
constructed meets the requirements of the project plans.
26. Article VII, Section A. Waiver Standards of the Subdivision Regulations is
hereby revised to read as follows:
Except where these regulations elsewhere provide for a waiver as to a specific
matter, waivers may be granted where the Planning Commission finds that the
following conditions exist:
1. An extraordinary hardship may result from strict compliance with these
regulations due to unusual topographic or other physical conditions of the
land or surrounding area not generally applicable to other land areas.
2. The condition is beyond the control of the sub-divider.
3. The requested waiver will not have the effect of nullifying the purpose and
intent of the regulations, the Zoning Ordinance, or the Comprehensive
Plan.
4. The waiver is the minimum deviation from the required standard
necessary to relieve the hardship;
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5. The waiver shall not have an adverse effect on adjacent landowners, or
future landowners, or the public;
6. The waiver is necessary so that substantial justice is done.
Mr. Turner suggested adding a wording to number 3 to require the community meeting
was held within 2 years. Mr. Simmons said he would revise the wording. Mr. Watson
recommended removing number 5 to allow more review.
Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed
the public hearing.
Mr. Dyas questioned the term "generally" in number 2 and asked if more clarification is
needed to eliminate multiple interpretations. Mr. Watson explained the proposed wording
will allow flexibility for lots without actual right-of-way frontage.
Rebecca Bryant made a motion to approve Resolution 2020-0 I with the removal of
number 3 and number 5.
John Worsham 2nd the motion and the motion carried unanimously with the following
vote: Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Clarice Hall-
Black, and Kevin Boone.
SD 20.25 Public hearing to consider the request of CFP Housing, LLC for plat
approval of Mars Hill Subdivision, a 3-lot minor division, Casey Hill. The property is
approximately 29.39 acres and is located on the east side of US Highway 98 and the
north side of County Road 32. Mr. King gave the staff report saying this case was heard
last month and was tabled for further discussion regarding the existing access. He
explained the lots were reconfigured to provide right-of-way frontage for all three lots.
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.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing. Mrs. Boyett stated she received one telephone call regarding the request.
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.
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2. Preparation, submission, and recording of a Storm water Operations Maintenance
Plan and Agreement for the existing stormwater system on subject property as
prerequisite to applying staff signatures on the plat.
Harry Kohler 2nd the motion and the motion carried unanimously with the following vote:
Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Clarice Hall-
Black, and Kevin Boone.
SD 20.29 Public hearing to consider the request of FST Mapp Limited Partnership,
an Alabama Limited Partnership for plat approval of USA Mapp Subdivision, a 2-
lot minor division, Casey Hill. The property is approximately 16. 75 acres and is located
at the southeast comer of the intersection of St. Hwy. 181 and St. Hwy. 104. Ms. Davis
gave the staff report saying the property is unzoned in Baldwin County and the applicant
is requesting 2 lots. Staff recommends APPROVAL of Case number SD 20.29 USA
Mapp Subdivision, subject to the following conditions:
1) Sidewalk Wavier deferring construction of sidewalks until a site plan is
submitted.
2) Fire Hydrant Waiver deferring installation of fire hydrants until a site plan is
submitted.
Sam Irby of Irby and Heard was present on behalf of the applicant and stated Lot 1 will
be given to USA Cancer Center for construction of a new facility.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing.
Mr. Simmons stated the property is not in the corporate limits and a site plan will not be
required. He suggested the conditions for sidewalk and fire hydrant installation be
required at the time of building permit.
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.
Rebecca Bryant 2nd the motion and the motion carried unanimously with the following
vote: Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Clarice Hall-
Black, and Kevin Boone.
SD 20.30 Public hearing to consider the request of Corinne J. Snyder for plat
approval of Ferry Road Estate, a 2-lot minor division, Seth Moore. The property is
approximately .89 acres and is located the east side of Ferry Road between Keeney Drive
and Ferry Road Circle. Ms. Davis gave the staff report saying the property is unzoned in
Baldwin County and 2 lots are proposed. Staff recommends APPROVAL subject to the
following conditions:
1) 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.
Mr. Turner asked what the lot width require is for unzoned parcels and Mrs. Boyett
responded 100' at the building setback line. Mrs. Bryant stated the proposed lots show a
lot frontage of 92'.
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Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing. Mrs. Boyett stated she received one letter of opposition and it is included
in the packet.
Art Dyas made a motion to TABLE the request to address lot width.
Rebecca Bryant 2nd the motion and the motion carried unanimously with the following
vote: Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Clarice Hall-
Black, and Kevin Boone.
SD 20.31 Public hearing to consider the request of Joey and Janet Langley for plat
approval of Dewberry Estates, a 2-lot minor division, Hunter Smith. The property is
approximately 3.80 acres and is located on the north side of Dewberry Lane, at 9781
Dewberry Lane. Mrs. Walley gave the staff report saying the property is unzoned in
Baldwin County and 2 lots are proposed. 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.
Mr. Dyas asked where the closest fire hydrant is located, and Mrs. Walley responded
approximately 1,000' to the east.
Mr. Smith of Smith Clark & Associates was present on behalf of the applicant. He
addressed the Commission saying the site is family property and the owners would like to
give their son the new lot to construct a home. Mr. Dyas said he hates to put the burden
of a fire hydrant on one person. Mr. Turner said what is done for one then must be done
for all and said this discussion is part of the family subdivision debate and whether the
Commission wants waivers verses costs. Mr. King stated there are alternative to the
codes such as sprinkler systems. Mr. Simmons the fire jurisdictions have requested fire
hydrants be required for new structures. Mr. Worsham stated the easement is delineated
as 30' but he noted there is not a 30' clearance to allow firetruck access. Mr. Smith stated
Baldwin County has already granted a family subdivision approval. He requested the
Commission grant a conditional approval to satisfy the fire inspectors concerns.
Mr. Turner opened the 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.
Art Dyas made a motion to accept the staff recommendation to TABLE the request to
address fire protection concerns.
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Harry Kohler 2nd the motion and the motion carried unanimously with the following vote:
Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Clarice Hall-
Black, and Kevin Boone.
Old/New Business
Subdivision Regulation Amendment Discussion -Hunter Simmons. Hunter Simmons
and Buford King provided the Commission with proposed amendments to the
Subdivision Regulations regarding "family" subdivisions.
Having no further business, Kevin Boone made a motion to adjourn. Rebecca Bryant 2nd
the motion and the meeting was adjourned at 7:40 PM.
Lee Turner, Chairman
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