HomeMy WebLinkAbout03-01-2021 Planning Commission Meeting SynopsisCall to Order
Lee Turner called the meeting to order at 5:03PM. 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
Jason Langley (JL) – Present
Clarice Hall-Black (CHB) – Present
Jimmy Conyers (JC) – Present
Approval of Minutes
The minutes of the January 4, 2021 Planning Commission meeting were considered.
Motion:
Art Dyas made a motion to accept the minutes as written.
2nd:
Jimmy Conyers 2nd the motion and the motion carried with the following vote:
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Abstention
HM – Absent
JL – Aye
CHB – Aye
The minutes of the February 1, 2021 Planning Commission meeting were considered.
Motion:
Jimmy Conyers made a motion to accept the minutes as written.
2nd:
John Worsham 2nd the motion and the motion carried with the following vote:
Vote:
AD – Abstention
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Absent
JL – Aye
CHB – Aye
Executive Session
Chris Williams read a Declaration and Opinion regarding the Executive Session. Mr. Turner stated it
should last approximately 15 minutes and the Commission should reconvene by 5:25PM.
Motion:
John Worsham made a motion to enter Executive Session.
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
JL – Aye
CHB – Aye
The Commissioners left the dais at 5:10PM.
The Commissioners returned to the dais at 5:33PM
Motion:
Art Dyas made a motion to reconvene the meeting at 5:33PM.
2nd:
Jimmy Conyers 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
JL – Aye
CHB – Aye
Mr. Turner took a roll call.
Roll Call
Art Dyas (AD) – Present
Rebecca Bryant (RB) – Present
Harry Kohler (HK) – Present
John Worsham (JW) – Present
Lee Turner (LT) – Present
Hollie MacKellar (HM) – Present
Jason Langley (JL) – Present
Clarice Hall-Black (CHB) – Present
Jimmy Conyers (JC) – Present
SD 21.03 Carmel Park Flats
Property Owner /Applicant: FST, Mathew Malone/68V Paydirt
General Location: southwest corner of intersection of CR 44 and Thompson Hall Rd.
Project Type: Multiple Occupancy Project
Number of Units: 242
Project Acreage: 20.24+/-
Zoning District: Unzoned
PPIN Number: 14962 & 254668
Engineer of record: SE Civil, LLC Larry Smith, PE
School District: Fairhope West, Middle, and High School
Report prepared by: Mike Jeffries
Comments:
This application is for a 242 unit Multiple Occupancy Project located on the southwest corner of
intersection of CR 44 and Thompson Hall Rd.
Staff Recommendation:
APPROVE with the following conditions:
1. A letter confirming all onsite sewer is to remain privately maintained and is not the responsibility
of the City of Fairhope or Baldwin County signed by the development owner.
2. A note added on the recorded site plan “All sewer infrastructure within the property boundary is to
remain private and is not the responsibility of the City of Fairhope nor Baldwin County.”
3. Traffic improvements including west bound and east bound turn lanes into the development from
CR 44 shall be installed before application for Final MOP approval.
4. A replat combining the two lots.
5. Sidewalks added along property along CR 44.
6. Since all Traffic Impact Studies were predicated on two Twin Beech (CR44) Road improvement
projects being complete (functioning) prior to the proposed development generating any
residential traffic, no certificates of occupancies (CO’s) shall be issued for Carmel Park Flats MOP
until such time that Substantial Completion is issued on the following projects by their Project
Owners:
a. ALDOT/City of Fairhope Project No. ATRP2-02-2020-204-CN, Adding Turn Lanes on
CR 44 at US 98 and Upgrading Traffic Signal at CR 44 and US 98, City of Fairhope
b. Baldwin County Project No. HW18069000, Intersection Improvements at County
Road 13 and County Road 44 (Roundabout)
Larry Smith was present on behalf of the applicant.
Public Hearing:
The public hearing was held at the February meeting. Mr. Turner opened the floor to the
Richard Johnson on behalf Fairhope Quality of Life. Mr. Johnson said the motion at the
February meeting was for a new traffic to be conducted and that was not done. He said this is
too important not to do a true study during actual peak traffic hours of 7:30AM to 8:15AM.
Motion:
John Worsham made a motion to accept the staff recommendation to APPROVE with the following
conditions:
1. A letter confirming all onsite sewer is to remain privately maintained and is not the responsibility
of the City of Fairhope or Baldwin County signed by the development owner.
2. A note added on the recorded site plan “All sewer infrastructure within the property boundary is to
remain private and is not the responsibility of the City of Fairhope nor Baldwin County.”
3. Traffic improvements including west bound and east bound turn lanes into the development from
CR 44 shall be installed before application for Final MOP approval.
4. A replat combining the two lots.
5. Sidewalks added along property along CR 44.
6. Since all Traffic Impact Studies were predicated on two Twin Beech (CR44) Road improvement
projects being complete (functioning) prior to the proposed development generating any
residential traffic, no certificates of occupancies (CO’s) shall be issued for Carmel Park Flats MOP
until such time that Substantial Completion is issued on the following projects by their Project
Owners:
a. ALDOT/City of Fairhope Project No. ATRP2-02-2020-204-CN, Adding Turn Lanes on
CR 44 at US 98 and Upgrading Traffic Signal at CR 44 and US 98, City of Fairhope
b. Baldwin County Project No. HW18069000, Intersection Improvements at County
Road 13 and County Road 44 (Roundabout)
2nd:
Art Dyas 2nd the motion and the motion carried unanimously with the following vote:
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Aye
JL – Aye
CHB – Aye
JC – Aye
SD 21.06 Fairhope Falls Ph3
Property Owner /Applicant: TH Fairhope Falls 2018, LLC
General Location: South side of Hwy. 104 and west of Yosemite Blvd.
Project Type: Major Subdivision
Number of Lots: 33
Project Acreage: 16.19+/-
Zoning District: Unzoned
PPIN Number: 286553
Engineer of record: Dewberry Engineers
School District: Fairhope East, Middle, and High School
Report prepared by: Mike Jeffries
Comments:
- Baldwin County has provided correspondence that noted there were no deficiencies.
- Final plat must be recorded within 60 days after the date of final approval.
- The stormwater system for phase 3 was designed to function with the existing stormwater system
of phases 1 and 2. The first phases constructed were designed and built to capture, treat, and
release the stormwater from the undeveloped portions as well as the same portions once
developed.
- Staff required a full inspection of the storm water system and the inspection report is included in
the staff packet.
- The report states maintenance is needed but overall, the system is functioning as designed.
o Several items have been corrected as shown in the report but due to the weather a few items
were not able to be corrected and that remaining work is captured as a condition of approval.
Follow‐Up Activities Required by Staff and the Applicant:
• Copy of the recorded plat
• Copy of the recorded O&M Agreement
• Fully-executed copy of the Sub Perf Bond agreement (the mayor does not sign this doc)
• Fully executed performance bond
• Maintenance and Guaranty (M&G) Agreement executed by the developer - the mayor signs this
agreement to fully execute it
o Remember to include the instrument # from the recorded plat
o Please include 30 days in paragraph 3
• A draft copy of the Maintenance Bond
Staff Recommendation:
Staff recommends APPROVAL of SD 21.06 Fairhope Falls Ph3 final plat with the following conditions:
1. The deficiencies listed in the stormwater Inspection Report dated February 12, 2021 are
corrected and approved by City of Fairhope’s Public Works Director before the City will sign Final
Plat for recording.
2. Complete above-mentioned Follow-up Activities.
Andy Bobe of Dewberry Engineers, Inc. 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 for APPROVAL of SD 21.06 Fairhope Falls
Ph3 final plat with the following conditions:
1. The deficiencies listed in the stormwater Inspection Report dated February 12, 2021 are
corrected and approved by City of Fairhope’s Public Works Director before the City will sign Final
Plat for recording.
2. Complete above-mentioned Follow-up Activities.
2nd:
Jimmy Conyers 2nd the motion and the motion carried unanimously with the following vote:
Vote:
AD – Aye
RB – Aye
HK – Aye
JW – Aye
LT – Aye
HM – Aye
JL – Aye
CHB – Aye
JC – Aye
SD 21.12 Fairhope Falls Ph6
Property Owner /Applicant: Fairhope Falls Owners Association Inc, TH Fairhope Falls 2018 LLC,
and Leonard and Sharon Smart
General Location: east side of Langford Road just north of Dressage Way.
Project Type: Major Subdivision
Number of Lots: 70
Project Acreage: 30.98+/-
Zoning District: Unzoned
PPIN Number: 350639, 310029, 350184, 382511
Engineer of record: Dewberry Engineers
School District: Fairhope East, Middle, and High School
Report prepared by: Mike Jeffries
Comments:
- Review comments from Baldwin County were not submitted.
- Drainage has been reviewed and approved by City of Fairhope’s Public Works Director, Richard
Johnson, P.E. The drainage for phases 4-9 will utilize 3 detention ponds that will discharge through
concrete weir outfalls structures to the immediate pond down stream eventually into a stilling
basin before sheet flowing into existing wetlands.
- The ponds as wet basins achieve the required 80% TSS removal.
- Wetland buffer signs must be in place prior to any land disturbance activities.
- The proposed lot sizes and layout are consistent with the approved Village Subdivision and with
minimum lot size of 8,400 SF.
- Amenities for Phase 6 include a passive recreation area labeled K to include bench seating. Bench
details not included in landscape plans. Amenity K was also in recently approved Phase 5.
- Landscape plans also show a buffer along Langford Road consisting of a 6’ high wooden privacy
fence and evergreen hedge.
A traffic study was provided for preliminary approval of phases 4 and 5 that included the remaining
phases 4-9 encompassing 391 lots. The study recommended improvements for the intersection of
Langford Road and SR 104 be widened to accommodate northbound left turn lane, an eastbound
right turn lane, and a westbound left turn lane. These improvements shall be installed before
application for Final Plat.
Staff Recommendation:
APPROVE with the following conditions:
1. A replat satisfying condition 1 of approval for SD 20.47 Fairhope Falls West Village Subdivision.
2. Recommended traffic improvements as stated in staff report are installed prior to acceptance
of application for final plat. Any deviation will require reapproval from the Planning
Commission.
3. Amenities are installed prior to acceptance of application for final plat.
4. Add City of Fairhope Gas signature block to the plat.
5. Add 15’ Utility easement along front lot lines per Riviera Utilities to general notes on the plat.
Casey Hill of Dewberry Engineers, Inc. was present on behalf of the applicant.
Public Hearing:
John Avent of Terracore – He explained the reason for requesting preliminary approval of all
the phases is in order to secure financing.
Motion:
Art Dyas made a motion to accept the staff recommendation to APPROVE with the following
conditions:
1. A replat satisfying condition 1 of approval for SD 20.47 Fairhope Falls West Village Subdivision.
2. Recommended traffic improvements as stated in staff report are installed prior to acceptance
of application for final plat. Any deviation will require reapproval from the Planning
Commission.
3. Amenities are installed prior to acceptance of application for final plat.
4. Add City of Fairhope Gas signature block to the plat.
5. Add 15’ Utility easement along front lot lines per Riviera Utilities to general notes on the plat.
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 – Aye
JL – Aye
CHB – Aye
JC – Aye
SD 21.13 Fairhope Falls Ph7
Property Owner /Applicant: Fairhope Falls Owners Association Inc, TH Fairhope Falls 2018 LLC, and
Leonard and Sharon Smart
General Location: east side of Langford Road just north of Dressage Way.
Project Type: Major Subdivision
Number of Lots: 60
Project Acreage: 34.43+/-
Zoning District: Unzoned
PPIN Number: 310029, 350639
Engineer of record: Dewberry Engineers
School District: Fairhope East, Middle, and High School
Report prepared by: Mike Jeffries
Comments:
- Review comments from Baldwin County were not submitted.
- Drainage has been reviewed and approved by City of Fairhope’s Public Works Director, Richard
Johnson, P.E. The drainage for phases 4-9 will utilize 3 detention ponds that will discharge through
concrete weir outfalls structures to the immediate pond down stream eventually into a stilling basin
before sheet flowing into existing wetlands.
- The ponds as wet basins achieve the required 80% TSS removal.
- Wetland buffer signs must be in place prior to any land disturbance activities.
- The proposed lot sizes and layout are consistent with the approved Village Subdivision and with
minimum lot size of 7,800 SF.
- Amenities for Phase 7 include an active recreation park labeled I to include a playground as shown on
the landscape plans.
- A traffic study was provided for preliminary approval of phases 4 and 5 that included the remaining
phases 4-9 encompassing 391 lots. The study recommended improvements for the intersection of
Langford Road and SR 104 be widened to accommodate northbound left turn lane, an eastbound
right turn lane, and a westbound left turn lane. These improvements shall be installed before
application for Final Plat.
Staff Recommendation:
APPROVE with the following conditions:
1. A replat satisfying condition 1 of approval for SD 20.47 Fairhope Falls West Village Subdivision.
2. Recommended traffic improvements as stated in staff report are installed prior to acceptance of
application for final plat. Any deviation will require reapproval from the Planning Commission.
3. Amenities are installed prior to acceptance of application for final plat.
4. Add City of Fairhope Gas signature block to the plat.
5. Add 15’ Utility easement along front lot lines per Riviera Utilities to general notes on the plat.
Casey Hill of Dewberry Engineers, Inc. was present on behalf of the applicant.
Public Hearing:
No one was present to speak.
Motion:
Jimmy Conyers made a motion to accept the staff recommendation to APPROVE with the following
conditions:
1. A replat satisfying condition 1 of approval for SD 20.47 Fairhope Falls West Village Subdivision.
2. Recommended traffic improvements as stated in staff report are installed prior to acceptance of
application for final plat. Any deviation will require reapproval from the Planning Commission.
3. Amenities are installed prior to acceptance of application for final plat.
4. Add City of Fairhope Gas signature block to the plat.
5. Add 15’ Utility easement along front lot lines per Riviera Utilities to general notes 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 – Aye
JL – Aye
CHB – Aye
JC – Aye
SD 21.14 Resolution 2021-02
Discussion regarding the request of the City of Fairhope Planning and Zoning Department to
accept Resolution 2021-02 for a proposed amendment to Article IV Procedure for Plat Approval
and Article V Planning Design Standards to establish specifications for estate subdivisions in the
City of Fairhope Subdivision Regulations. Mr. Simmons stated a bill has been passed by the Senate
and is now in the House to remove the Planning Jurisdictions for municipalities. He said staff has
ceased working on this proposed amendment until a decision has been made. He compared what
Fairhope is doing versus other cities in Baldwin County.
SD 21.15 Resolution 2021-03
Request:
Staff request the passage of an amendment to the Fairhope Subdivision Regulations, Article IV,
Section C.1.b.(20) to read as follows:
(20) Applicant shall submit all plats, plans, drawings, renderings, applications,
checklists, images, narratives, and any and all preliminary subdivision
application materials digitally in on a digital copy of all plans in an Adobe PDF
format or as otherwise specified in these regulations.
Staff further requests the passage of an amendment to the Fairhope Subdivision Regulations,
Article IV, Section D.1.b.(19) to read as follows:
(19)All final plats, plans, drawings, as-built drawings, renderings, applications, checklists,
images, narratives, and any and all subdivision final plat or final approval application
materials shall be submitted digitally on a digital copy of all plans in an ADOBE PDF
format or as otherwise required in these regulations.
Staff Recommendation:
Staff recommends to APPROVE as requested.
Public Hearing:
No one was present to speak.
Motion:
Art Dyas made a motion to accept the staff recommendation to approve as requested.
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 – Aye
JL – Aye
CHB – Aye
JC – Aye
Old/New Business
SD 21.04 River Place
Request of Lieb Engineering, LLC to grant a 60-day extension of the final plat approval of River
Place to record the plat.
Recommendation:
Staff recommends to APPROVE as requested.
Motion:
Jimmy Conyers made a motion to accept the staff recommendation to APPROVE the request.
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 – Aye
JL – Aye
CHB – Aye
JC – Aye
SD 21.11 Fairhope Downs
Request of Amzi and Eileen Sherling for Informal Review approval of Fairhope Downs, a 64-lot
subdivision. The property is approximately 51.08 acres and is located on the east side of County
Road 3 approximately ½ mile south of County Road 24.
Larry Smith of S.E. Civil Engineering, LLC gave an overview of the development. He said the lots will
be 100’x150’ now that sewer will be installed. Mr. Turner asked if a connection could be made to
Greeno Road and Mr. Smith said the property owner is retaining the 5 acres on Greeno Road and it
will not be part of this development. Mr. Turner suggested just an easement be dedicated for
potential future use and Mr. Diehl explained there is a blue line stream which runs through the
eastern portion of the property and would require a 100’ buffer. Mr. Conyers stated the residents in
the area are concerned with the potential septic systems but now that sewer will be installed it won’t
be an issue.
Adjournment
Motion:
Jimmy Conyers made a motion to adjourn at 7:17PM.
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 – Aye
JL – Aye
CHB – Aye
JC – Aye