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HomeMy WebLinkAbout11-05-2020 Planning Commission MinutesNovember 5, 2020 Planning Commission Minutes The Planning Commission met virtually Thursday, November 5, 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; Jason Langley; Jimmy Conyers, Council Liaison; 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: Clarice Hall-Black 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 August 3, 2020 Planning Commission meeting were considered. Art Dyas made a motion to accept the minutes as written. John Worsham 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Hollie MacKellar, Jason Langley and Jimmy Conyers. NAY -none. The minutes of the October 5, 2020 Planning Commission meeting were considered. Art Dyas made a motion to accept the minutes as written. John Worsham 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Hollie MacKellar, Jason Langley and Jimmy Conyers. NAY -none. ZC 20.05 Public hearing to consider the request of Donna Dowsey, Penny Odom, and Sandra Lee to rezone property from R-1 Low Density Single Family Residential District to B-2 General Business District, Donna Dowsey. The property is located on the east side of Greeno Road between Dyer Road and Gayfer Avenue, at 520 N. Greeno Road. Mr. Simmons gave the staff report saying the property is approximately .73 acres and the applicants contend the property is no longer conducive for residential use. He added there is no specific plans for the property at this time. Staff recommendation is to DENY the request. Mr. Dyas stated there has been no demand on Greeno Road since 1972 other than multi-family. Mr. Turner said the City has been trying for 20 years to have simple protections put in place along Greeno but there has been no support from the residential property owners. Mr. Lee, applicant's husband, addressed the Commission saying the family is trying to sell the property to close the estate but the only interest is in commercial use and specifically an office. Mr. Turner explained B-4 Business and Professional District would allow office use. Mr. Turner opened the public hearing. Mrs. Boyett stated one email was received in opposition to the request. Having no one present to speak, Mr. Turner closed the public hearing. Mr. Dyas asked if the request is denied will the applicant have to wait a year to reapply and Mr. Simmons responded yes. Mr. Dyas asked if the case needs to be tabled since the applicant did not ask for B-4 and Mr. Watson responded yes. Mr. Conyers said without restrictions or an overlay Greeno Road will become exactly what the citizens say they do 1 November 5, 2020 Planning Commission Minutes not want. He suggested tabling the request for additional review. Mrs. MacKellar noted the property value is zero as residential. She suggested amending B-2 restrictions based on geographical area. Mr. Dyas suggested joining with other property owners to become a PUD and Mr. Turner proposed allowing PUD without a minimum acreage on Hwy. 181 and Greeno Road. Mr. Simmons explained when just trying to sell the property and not developing it, it is hard to do a PUD. Art Dyas made a motion to TABLE the case until the next meeting. Jimmy Conyers 2nd the motion and the motion carried unanimously with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Hollie MacKellar, Jason Langley and Jimmy Conyers. NAY -none. ZC 20.07 Public hearing to consider the request of FST Hermitage, LLC to rezone property from R-1 Low Density Single Family Residential District to PUD (Planned Unit Development), Larry Smith. The property is located on the west side of Blue Island A venue just south of Winn A venue. Mr. Simmons gave the staff report saying the property is approximately 4.39 acres and the applicant is proposing an 8-lot residential subdivision. Mr. Simmons stated drainage has been a concern for the site, but the applicant has been working on this project for a year. Staff recommendation is to APPROVE contingent upon the following conditions: 1. Remove "Principle Struct" from the maximum lot coverage portion of the Site Data table. 2. A final (not Draft) copy of the Declaration of Covenants, will be included in the Master Development Plan as Appendix D. Mr. Smith addressed the Commission saying the original design included a 40' ROW and a R-2 zoning but it was recommended to resubmit as a PUD so it would be clear what would be developed but this is ultimately the same design. Mr. Turner opened the public hearing. Mrs. Boyett stated several letters have been received and are included in the packet. Rene Taylor of253 Blue Island Avenue She stated there has been lots of misinformation and the neighbors want the property to remain R-1. She said this will impact the neighbors and there is not enough property to be a nice cul-de-sac. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Turner asked if staff is comfortable with the drainage since this is low land. Mr. Smith explained he reviewed the upstream water and they will be installing additional culvert to help because the existing infrastructure is not adequate to handle the current amount of water. He also noted they looked at a regional pond but the City was not supportive at this time. Mrs. MacKellar said she compared it to Greenbriar Lane and this will be less impact than it. She noted the property has been for sale for 5 years but it is wet and low. Mrs. Bryant asked why staff is supportive of diverging from R-1 and Mr. Simmons explained the development will help with drainage, there are a range oflot sizes, and the regulations discourage cul-de-sacs but connectivity is not conducive. George Dittmann of 249 Blue Island A venue -He stated the surrounding lots are much larger than what is proposed. He also said the neighborhood meeting was over a year ago. Mr. Smith said he has spoken with Mr. Dittmann several times and the only change to the plan since the neighborhood meeting is the right-of-way width. It was increased 10' by taking 5' from each side. Mr. Dyas said it does not matter what the lot sizes are or how 2 November 5, 2020 Planning Commission Minutes big the parcels are across the street because it is based on the zoning requirements. He stated we are getting greenspace and drainage with this development. Art Dyas made a motion to accept the staff recommendation to APPROVE contingent upon the following conditions: 1. Remove "Principle Struct" from the maximum lot coverage portion of the Site Data table. 2. A final (not Draft) copy of the Declaration of Covenants, will be included in the Master Development Plan as Appendix D. Jimmy Conyers 2nd the motion and the motion carried with the following vote: A YE - Art Dyas, Harry Kohler, John Worsham, Lee Turner, Hollie MacKellar, Jason Langley and Jimmy Conyers. NAY -Rebecca Bryant. SD 19.39 Public hearing to consider the request of FST Hermitage, LLC for Preliminary plat approval of Hermitage Court Resubdivision, an 8-lot division, Larry Smith. The property is located on the west side of Blue Island A venue just south of Winn A venue. Mr. Jeffries gave the staff report saying the property is approximately 4.39 acres and the applicant is proposing an 8-lot residential subdivision. Staff recommendation is to APPROVE contingent upon the following condition: 1. Approval of ZC 20.07 by City Council without substantial change to current proposed site plan. Mr. Turner opened the public hearing. Bobby Cook of 154 Blue Island A venue -He stated concerns with the drainage. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Turner stated concerns with the houses being under water and Mr. Smith sated there has been an extensive drainage review and another inlet and larger pipes will be installed. Art Dyas made a motion to accept the staff recommendation to APPROVE contingent upon the following condition: 1. Approval of ZC 20.07 by City Council without substantial change to current proposed site plan. Jimmy Conyers 2nd the motion and the motion carried with the following vote: A YE - Art Dyas, Harry Kohler, John Worsham, Lee Turner, Hollie MacKellar, Jason Langley and Jimmy Conyers. NAY -Rebecca Bryant. SD 20.34 Public hearing to consider the request of BYC, LLC for Preliminary approval of Planter's Pointe Shopping Center, a 15-unit multiple occupancy project, Jake Gibbs. The project is located on the northwest comer of the intersection of State Hwy. 104 and State Hwy. 181. Mr. Jeffries gave the staff report saying the property is approximately 21.24 acres and the applicant is proposing 15 units comprised of one grocery store and 14 unit connected retail center. He noted the building height shall be 35'. Mr. Jeffries added the applicant is also requesting a waiver to the greenspace requirements. Staff recommendation is to APPROVE contingent upon the following conditions: 1. Approval of greenspace waiver request. 2. Future subdivisions or development shall comply with notes on recorded plat S- 2725E "l. Provide a water flow model data to the standards of the City of Fairhope Water Department. 3 November 5, 2020 Planning Commission Minutes 2. Provide sidewalks on all streets within the Planning Jurisdiction of the City of Fairhope. " Mr. Dyas asked if there is a hardship for the greenspace waiver and Mr. Jeffries explained a portion of the greenspace is proposed within the construction setback along St. Hwy. 181. Mr. Dyas stated there is no guarantee St. Hwy. 181 won't be expanded again and there is plenty of area to incorporate the needed greenspace. Jake Gibbs of Thompson Engineering addressed the Commission saying the building height has been revised. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Mr. Turner asked if the parking area could be reduced to allow the required greenspace to be provided and Mr. Gibbs stated the current expansion of St. Hwy. 181 will not utilize the construction setback but it is unknown as to what will be needed in 20 years. Mr. Dyas stated there is no hardship and it does not meet the requirements. Art Dyas made a motion to accept the staff recommendation to APPROVE contingent upon the following condition: 1. Denial of greenspace waiver request. 2. Future subdivisions or development shall comply with notes on recorded plat S- 2725E "1. Provide a water flow model data to the standards of the City of Fairhope Water Department. 2. Provide sidewalks on all streets within the Planning Jurisdiction of the City of Fairhope. " John Worsham 2nd the motion and the motion carried with the following vote: AYE-Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Hollie MacKellar, Jason Langley and Jimmy Conyers. NAY -none. SD 20.42 Public hearing to consider the request of Grand Properties, LLC for Preliminary approval of Fairhope Motorcoach Resort, Phase II, a 12-unit multiple occupancy project, Trey Jinright. The property is located on the north side of State Highway 104 approximately .3 miles east of Higbee Road. Ms. Davis gave the staff report saying the property is approximately 3.88 acres and the applicant is proposing 12 condominium units. Ms. Davis stated the applicant is also requesting a waiver to the sidewalk requirements. Staff recommendation is to APPROVE contingent upon the following conditions: 1. The approval of a sidewalk waiver. 2. All drawings need to reflect/depict the 20'minimum building setback line along the entire site. 3. Recording of the rep lat to be submitted prior to March 1, 2021. 4. The Final approval will need to satisfy the condominium requirements per Article II in the Subdivision Regulations. 5. Final approval will need to include an easement for the water system. Mr. Turner asked if a sidewalk easement was required along St. Hwy. 104 with Phase 1 of this development and Ms. Davis responded no. Mr. Turner asked if an easement can be required with this phase and Mr. Watson responded yes. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. 4 November 5, 2020 Planning Commission Minutes Mr. Conyers noted there are no existing sidewalks in the area and Mr. Turner stated it is just an easement to allow future installation. Jimmy Conyers made a motion to accept the staff recommendation to APPROVE contingent upon the following conditions: 1. Denial of the sidewalk waiver. A 10' sidewalk easement along State Highway 104 shall be added to the drawings. 2. All drawings need to reflect/depict the 20'minimum building setback line along the entire site. 3. Recording of the replat to be submitted prior to March 1, 2021. 4. The Final approval will need to satisfy the condominium requirements per Article II in the Subdivision Regulations. 5. Final approval will need to include an easement for the water system. John Worsham 2nd the motion and the motion carried with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Hollie MacKellar, Jason Langley and Jimmy Conyers. NAY -none. SD 20.44 Public hearing to consider the request of FST James D. Gillespie for plat approval of Payne's Place, a 4-lot minor subdivision, Seth Moore. The property is located on the north side of County Road 34 just west of State Highway 181, at 9725 County Road 34. Mr. King gave the staff report saying the property is approximately 12 acres and 4 lots are proposed. The applicant is also requesting a waiver to the sidewalk requirements but has included a 15' sidewalk, drainage, and utility easement on the plat. Staff recommendation is to APPROVE contingent upon the following conditions: 1. Approval of the sidewalk waiver as requested by the applicant. a. Memorialize the inclusion of a 15' sidewalk, drainage, and utility easement on the plat. 2. Wetland buffer signs shall be installed and spaced 100' apart prior to signatures applied to the plat. The Code Enforcement Officers will be granted right of entry onto private property to verify placement of required signage. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Art Dyas made a motion to accept the staff recommendation to APPROVE contingent upon the following conditions: 1. Approval of the sidewalk waiver as requested by the applicant. a. Memorialize the inclusion of a 15' sidewalk, drainage, and utility easement on the plat. 2. Wetland buffer signs shall be installed and spaced 100' apart prior to signatures applied to the plat. The Code Enforcement Officers will be granted right of entry onto private property to verify placement of required signage. Jimmy Conyers 2nd the motion and the motion carried with the following vote: A YE - Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Hollie MacKellar, Jason Langley and Jimmy Conyers. NAY -none. SD 20.45 Public hearing to consider the request of Wayne and Sherry Mozley for plat approval of Mozley Estate Farms, a 3-lot minor subdivision, Justin Palmer. The property is located on the north side of Dominion Drive just east of Mary Ann Beach Road. Mrs. Walley gave the staffreport saying the property is approximately 10.3 acres 5 November 5, 2020 Planning Commission Minutes and 3 lots are proposed. The applicant is requesting a waiver to the sidewalk requirements but has included a 15' sidewalk, drainage, and utility easement on the plat. Mrs. Walley explained this application was originally heard on March 2, 2020 and approved by the Planning Commission. However, the application has since expired. Staff recommendation is to APPROVE contingent upon the following conditions: 1. Approval of the sidewalk waiver; 2. Provision of a 1 O' sidewalk easement along Dominion Drive; 3. Flow Model test should be stamped by a professional engineer; 4. Fire hydrant(s) should be illustrated on site plan; 5. Submission of updated utility availability letters; 6. Provision of the Property Owner Certification form prior to the signing of the Final Plat; and 7. Provision of Certification of Insurance prior to the signing of the Final Plat. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Harry Kohler made a motion to accept the staff recommendation for APPROVAL contingent upon the following conditions: 1. Approval of the sidewalk waiver; 2. Provision of a 1 O' sidewalk easement along Dominion Drive; 3. Flow Model test should be stamped by a professional engineer; 4. Fire hydrant(s) should be illustrated on site plan; 5. Submission of updated utility availability letters; 6. Provision of the Property Owner Certification form prior to the signing of the Final Plat; and 7. Provision of Certification of Insurance prior to the signing of the Final Plat. John Worsham 2nd the motion and the motion carried with the following vote: AYE-Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Hollie MacKellar, Jason Langley and Jimmy Conyers. NAY -none. SD 20.47 Public hearing to consider the request of Fairhope Falls Owners Association, Inc.; TH Fairhope Falls 2018, LLC; and Leonard and Sharon Smart for plat approval of Fairhope Falls West, a 318-Iot village subdivision, Casey Hill. The property is located on the east side of Langford Road across from Bridlewood Lane. Mr. Jeffries gave the staff report saying the applicant is requesting a village subdivision site plan approval of Fairhope Falls West. The subject property is approximately 132.2 acres. The proposed development is for 545 lots compared to the approved village plan of 540 lots. Original application was for a total of 535. The 10-lot increase was due to a redesign requested by surrounding community. Phases 1 and 2 have received final plat and phase 3 has received preliminary plat. Additional amenities are included with this revision and spread out through the proposed phases. Staff recommends APPROVAL contingent upon the following conditions: 1. The administrative replat is signed and recorded and a signed copy submitted to the Planning Department. 2. The next phase of construction is phase 4 connecting the existing development to Langford Road. 3. No subdivision applications shall be accepted until all conditions have been satisfied. 6 November 5, 2020 Planning Commission Minutes John Avent was present on behalf of the applicant. Mr. Turner opened the public hearing. Megan Dunn of 21685 Langford Road -She requested the developer landscape the entrance on Langford Road to complement the existing area's landscaping. Mr. Jeffries stated there is a 25' landscape buffer along Langford Road. Having no one present to speak, Mr. Turner closed the public hearing. Hollie MacKellar made a motion to accept the staff recommendation to APPROVE contingent upon the following conditions: 1. The administrative replat is signed and recorded and a signed copy submitted to the Planning Department. 2. The next phase of construction is phase 4 connecting the existing development to Langford Road. 3. No subdivision applications shall be accepted until all conditions have been satisfied. Jimmy Conyers 2nd the motion and the motion carried with the following vote: A YE - Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Hollie MacKellar, Jason Langley and Jimmy Conyers. NAY -none. SD 20.48 Public hearing to consider the request of The Verandas, LLC for plat approval of The Estates at The Verandas, a 49-lot village subdivision, Trae Corte. The property is located on the south side of St. Hwy. 104 just west of Lawrence Road. Mr. King gave the staff report saying the applicant is requesting a village subdivision site plan approval of The Estates at The Verandas, a 49-lot village subdivision. The subject property is approximately 178.5 acres and is located on the south side of State Hwy. 104 between State Hwy. 181 and Lawrence Road. The property is within the extraterritorial jurisdiction of the City of Fairhope in unzoned Baldwin County. Staff recommends TABLING of case number SD. 20.48 The Estates at the Verandas Village Subdivision initial site plan, to allow the applicant to address the following issues: 1. No stub streets are proposed for the development as required by Article V, Section D.3.e. of the City of Fairhope Subdivision Regulations a. Staff requests a stub street aligning with Blueberry Lane terminating at the boundary of PPIN 383961 in anticipation of a future street connection. b. The applicant is encouraged to consider other means of connectivity to surrounding properties such as PPIN 221244 and 77610. 2. Provide verification from Baldwin County regarding the following: a. Acceptance of proposed building setbacks b. Acceptance of the 50' ROW with no curb and gutter i. The horse trail and pedestrian path is located outside the ROW c. Acceptance of the gated development with private streets i. A gated development affects not only utilities but also waste collection 3. To be discussed during the Planning Commission meeting: a. The applicant requests that no greenspace is furnished by the development 1. Article V, Section "C" of the subdivision regulations require 10% greenspace. 7 November 5, 2020 Planning Commission Minutes b. The planning commission may desire to restrict further re-subdivision of the lots within the village subdivision after the final plat is recorded c. Planning Commission discussion of the gated development d. Proposed development exceeds 30 units 1. A secondary entrance is required to comply with IFC requirements, or; 11. All dwellings shall include fire sprinklers to comply with IFC requirements e. City of Fairhope Wetland Ordinance number 1370 shall not be overridden by the Village Subdivision approval i. The proposed roadway paralleling a wetland area shall not encroach upon the 30' wetland buffer f. Renderings and elevations of structures were not furnished as required by Article IV Section "F" i. The applicant indicates all homes will be "custom" ii. The applicant indicates the entrance signage feature will match that of The Verandas Phases 3 and 4 g. Sidewalks are not proposed within the development but are indicated along SR104 connecting to The Verandas Phases 3 and 4 4. Utilities 1. A footbridge will provide the wetland crossing between proposed development and Phases 3 and 4 of The Verandas a. Fairhope Public Utilities (FPU) advises that if natural gas service is desired, gas mains shall be installed by the developer by qualified personnel b. FPU advises it must have 24/7/365 access to the development if the development is gated. FPU reserves the right to approve the means of 24/7/365 access as a condition of approval. "Knox Box" or a similar device is inadequate access for FPU. c. The applicant shall provide correspondence from Riviera Utilities ( electrical service) of its acceptance of the gated community and Riviera's requirements for access d. All proposed residential lots exceed 20,000sf in size and thus are of sufficient size for septic service. However, sanitary sewer service is available in this area within sufficient distance to be extended to the proposed development. 5. Landscaping/ Trees a. The village subdivision application requests street trees planted at 100' intervals in lieu of the 50' intervals required by Article V Section D.5.(8) of the subdivision regulations b. Subject property lies within the Police Jurisdiction of the City of Fairhope and thus Tree Ordinance (number 1444) is applicable. i. Proposed variety of street trees shall be reviewed and approved the City of Fairhope Horticulturalist. For the applicant's information-subject property is located within the City of Fairhope Police Jurisdiction and as such the signage ordinance (number 1537) is applicable. 8 November 5, 2020 Planning Commission Minutes 6. Preliminary plat approval for Phase 1 and Phase 3 of The Verandas, as approved by City of Fairhope Planning Commission via Case numbers SD 16.37 and SD 17. 03 will be declared null, void, and of no effect upon approval of Case number SD 20.48. 7. Staff reserves the right to defer review of preliminary plats related to this development until a Village Subdivision Site Plan has been approved by the Planning Commission and all provisions of that approval have been incorporated into the preliminary plat application. Trae Corte addressed the Commission addressing the staffs concerns. He stated removing the gate will eliminate most of the concerns. He explained there is an approved 131 lot village subdivision that he does not want overwritten with a new approval of something he does not agree to. He noted the lots are approximately 3 acres and no greenspace is proposed due to the large lots. Mr. Corte addressed concerns regarding stub-outs and connectivity, sidewalks, curb and gutters, tree plantings, septic tanks, and setbacks. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Jimmy Conyers made a motion to APPROVE the request with the following conditions: I. An ingress/egress shall be provided between Lots 11 and 12 to establish an additional access for the development. This access shall comply with IFC requirements, or; support a 75,000 GVW. 2. Provide verification from Baldwin County regarding the following: a. Acceptance of proposed building setbacks. b. Acceptance of the 50' ROW with no curb and gutter. 3. No greenspace is required due to the large acreage lots. 4. A note shall be added to the plat to restrict further re-subdivision of the lots within the village subdivision after the final plat is recorded. 5. City of Fairhope Wetland Ordinance number 1370 shall not be overridden by the Village Subdivision approval. a. The proposed roadway paralleling a wetland area shall not encroach upon the 30' wetland buffer. 6. Renderings and elevations of structures were not furnished as required by Article IV Section "F." a. The applicant indicates all homes will be "custom." b. The applicant indicates the entrance signage feature will match that of The Verandas Phases 3 and 4. 7. Sidewalks shall be required along SR104. a. A horse trail and pedestrian path shall be required in lieu of sidewalks. b. A footbridge will provide the wetland crossing between proposed development and Phases 3 and 4 of The Verandas. 8. Utilities a. Fairhope Public Utilities (FPU) advises that if natural gas service is desired, gas mains shall be installed by the developer by qualified personnel. b. All proposed residential lots exceed 20,000sf in size and thus are of sufficient size for septic service. However, sanitary sewer service is 9 November 5, 2020 Planning Commission Minutes available in this area within sufficient distance to be extended to the proposed development. No grinder pumps are allowed. 9. Landscaping/ Trees c. Street trees are may be planted at 100' intervals in lieu of the 50' intervals required by Article V Section D.5.(8) of the subdivision regulations based on the variety of tree proposed is a red oak. d. Subject property lies within the Police Jurisdiction of the City of Fairhope and thus Tree Ordinance (number 1444) is applicable. i. Proposed variety of street trees shall be reviewed and approved the City of Fairhope Horticulturalist. 10. For the applicant's information -subject property is located within the City of Fairhope Police Jurisdiction and as such the signage ordinance (number 1537) is applicable. 11. Preliminary plat approval for Phase 1 and Phase 3 of The Verandas, as approved by City of Fairhope Planning Commission via Case numbers SD 16.37 and SD 17.03 will be declared null, void, and of no effect upon approval of Case number SD 20.48. 12. Staff reserves the right to defer review of preliminary plats related to this development until a Village Subdivision Site Plan has been approved by the Planning Commission and all provisions of that approval have been incorporated into the preliminary plat application. Mr. Corte agreed to the conditions as specified. Rebecca Bryant 2nd the motion and the motion carried with the following vote: A YE - Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Jason Langley and Jimmy Conyers. NAY -none. ABSTENTION -Hollie MacKellar. ZC 20.08 Public hearing to consider the request of the City of Fairhope Planning and Zoning Department for an amendment to Article VII, Section D. Non- Conforming Lots in the Zoning Ordinance, Hunter Simmons. Mr. Simmons gave the staff report saying staff request the passage of an amendment to the Fairhope Zoning Ordinance, Article VII, Section D. Non-Conforming Lots number 3 to read as follows: 3. The minimum.front setback required for the district (and, on corner lots, the street side setback) shall not apply to any lot where the average setbacks in the same block and ·within 200 feet of the acjjacent lot(s), the subject lot is less than the minimum setback required for the district. In such cases, the proposed building may be aligned with the building's existing on either side thereof the front setback may be the same as the average setback(s) of the acjjacent lot(s). In no case, shall the setback be more than 5' less that the minimum setback required for the district. Staff recommends to APPROVE as requested. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Art Dyas made a motion to accept the staff recommendation to APPROVE with replacing "setback" with "building line" as follows: 3. The minimum.front setback required for the district (and, on corner lots, the street side setback) shall not apply to any lot where the average front building line(s) of 10 November 5, 2020 Planning Commission Minutes the adjacent lot(s), is less than the minimum setback required/or the district. In such cases, the front building line may be the same as the average front building lines(s) of the adjacent lot(s). In no case, shall the front building line be more than 5' less than the minimum setback required for the district. John Worsham 2nd the motion and the motion carried with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Jason Langley and Jimmy Conyers. NAY none. ABSTENTION -Hollie MacKellar. Old/New Business Building Height Discussion, Hunter Simmons -Mr. Simmons stated staff has encountered a few situations where the current building height definition has restricted construction of structures due to significant elevation changes on a lot. Election of Officers, Emily Boyett -Art Dyas made a motion to reappoint Lee Turner as Chairman, Rebecca Bryant as Vice-Chair, and Emily Boyett as Secretary. John Worsham 2nd the motion and the motion carried with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Jason Langley and Jimmy Conyers. NAY -none. ABSTENTION -Hollie MacKellar. 2021 Agenda Schedule and Deadlines, Emily Boyett -Art Dyas made a motion to approve the 2021 agenda schedule and deadlines as presented. Harry Kohler 2nd the motion and the motion carried with the following vote: A YE -Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, Jason Langley and Jimmy Conyers. NAY -none. ABSTENTION -Hollie MacKellar. Having no further business, Jimmy Conyers made a motion to adjourn. John Worsham 2nd the motion and the meeting was adjourned at 8:22PM. Lee Turner, Chairman 11