HomeMy WebLinkAbout08-07-1989 Planning Commission MinutesThe Planning 8 Zoning Commission of the City of Fairhope met August 7, 1989
at 5:00 p.m. at the City Municipal Complex, 161 N. Section Street.
Present: William Lucey, Acting Chairman; members Cecil Pitman, Tim Kant,
Cindy McBrearty, Maxwell Killoch, Roy White, Bob Lunsford,ZEO
The minutes of the July 3, meeting were duly approved on motion by
Maxwell Killoch, seconded by Tim Kant and unanimously carried.
Preliminary subdivision application of Harold Thompson/White Grove located
on the south side of Gayfer Avenue between County Road 13 and Hwy 27
containing some 12 acres was considered. Mr. Lunsford addessed the
Commission, this had come up for discussion last month, Bob said that
they had changed their drainage plan to use swale ditches to take the
water to the road, other than that we still need approval of the County
Engineer and Health Department with their signatures on the plat.
Roy White said that this plat showed the utility easements on the rear
of the lot, a better way would be to have them sketched in on the plat
then they would be recorded that way, discussion followed on where the
easements would come from, Mr. Thompson said they had a 60' right of
way, that they would take 5 ft from road and 5 ft from property. Mr.
White questioned if this would be approved by the County. Mr. Thompson
then said he would do whatever necessary to get the 10 ft. It was suggested
that it be taken from the property frontage and be shown on the plat.
Mr. Thompson said that would be no problem. Cindy McBrearty moved
seconded by Maxwell Killoch to give them preliminary approval subject
to necessary signature;, easements taken from front of property and
shown on plat. Motion carried unanimously.
Pleiades subdivision (preliminary approval given last meeting)was discussed.
Bob told the Commission he still had not received maintenance agreement
on streets and also they needed county and health department approval.
He would recommend final approval subject to these three being provided.
At this time Mr. White spoke saying he saw the same problem with this
subdivision in utility easements. That they showed 40 ft. streets and
3-4 utilities trying to get in a 5 ft. easement would be crowded. Mr. Moore
deferred to a Mr. Bullock who was present and he said that they planned to
rent a trencher and that with correct engineering that he felt he had
enough room, that all they are going to have is gas and water. Roy said
he disagreed, experience has shown that they need at least 10 ft, and he is
suggesting they get it in the front yard and it be recorded that way.
Further discussion led to a motion to give final approval subject to Bob's
3 points and the 10 ft. utility easement being on front of lots and shown
on recorded plat. Maxwell Killoch seconded and motion carried unanimously.
The Commission considered an application for Shore Village, 12 lots.
Application from First Southern Corp., Michael A. Butler as Agent,
Moore Engineering representing application. Property located on Nelson
Road just behind E.Z. Pik convenience store. Bob addressed the Commission
stating that this had first come before us in 1986 in April, and August 1986
was denied. That it is back in the same form as in 1986. Bob had a letter
Moore, Engineering presented from County Engineer, Percy Nixon, . he had
reviewed the drainage, and he suggests cleaning out the ditches and
running the water to Sweetwater Branch and then emptying in the Bay.
P.D. Wood a resident next to Sweetwater Branch spoke saying that Sweetwate
Branch is spring fed, fresh water and that he is completely opposed to
adding this run-off water to it and the whole plan. Mr. Sam Dyson spoke
to the Commission showing memos, pictures, and documentation showing this
same application being denied 2 times. Once denied and once lacking plan
showing proper disposition of water. That they now show County upgrading
system and they have not done anything to this point, why would they now,
that Mr. Nixon is no longer with the County, he further showed where
the, water now is only going to neighboring lands and had pictures showing
water 4" deep in Max's Cafe and recent rain of 22" on 6/9/89 covered road
also. Lawrence Thomas spoke saying he is adjacent property owner and
wanted to know who would clean out the ditches and provide larger pipe
to make this water run-off. Bob deferred to Mr. Moore as engineer on
the project. Ack went over the applications again saying that the developer
had committed $25,000 and asked for the County to do rest initially, and
Planning 8 Zoning Commission - Page two
August 7, 1989
they responded they did not have the money. Next they went to the
County Planning Commission and were referred to Mr. Nixon to work
out problems and when he agree• with what want to do, they could
get preliminary approval. He said the County did not want to run pipe
down Molokai Lane therefore they suggested the 30' pipe and run to Sweet-
water Branch on the East side of Highway 98. That at present time they
are only wanting to develop 3 acres in this subdivision, but there are 195
acres there, what are they suppose to do, suspend development, that they
can't be responsible for all the County's drainage problems. Ack said that
as far as Percy Nixon's letter they had it all worked out before he left,
but he doesn't know if they will honor it now. Mr. Killoch asked why
they commited to it now, do they have the money, Mr. Moore said he
didn't know, that less pipe is involved. Ack suggested we give them
preliminary subject to the County honoring Percy's letter of commitment.
Mr. Dyson spoke again saying it is a bad situation now, dumping mud
and water in the bay will just make it worse, that nothing has been done
up to this point by the County. Mr. Thomas asked how many lots planned.
Ack responded that there are eleven and also ; house already on property.
Cecil Pitman said he would like to see the land used, but he is opposed
because he cannot see these people further impacted, until engineering
is shown where properly taking care of problems talked about today.
Gibby Killoch and Cindy McBrearty also said they could not go along
with development until the present situation is relieved. Cindy McBrearty
further moved that we not grant preliminary approval because of existing
problems, and until the County relieves the problems, no further development
be allowed in this area. Cecil Pitman seconded and motion carried unanimousl,
Roy White mentioned that he was on the Commission when this first came up
and for the record he recommended a holding pond. Ack Moore said that
they tried to go with a holding pond but that the groundwater was too high
to do any good.
There being no further business, meeting was duly adjourned.
There was no meeting in September 1989