HomeMy WebLinkAbout03-03-2003 Planning Commission MinutesThe Fairhope Planning & Zoning Commission met Thursday, March 6, 2003 at 5:00PM
at the City Administration Building, 161 N. Section Street at the municipal complex, 161
N. Section Street in the Council Chamber.
Present: Larry Green, Chairman; Timothy Kant, Bob Gentle, Dan McCrory, Bob Clark,
Dick Charles, Ed Brinson, Jean Wilson. Christopher Baker, Director of Planning
& Zoning, Betty Rivenbark, Secretary. Absent: Lee Turner
The minutes of the February 3, 2003 meeting were considered and were duly approved
as written on motion by Tim Kant, 2"d by Ed Brinson. Motion carried with one
abstention by Dick Charles.
SD03.16 Preliminary Plat Approval of Hollowbrook(Generally located south of
Country Woods, west of Cty Rd 27, North of Mosley Rd) This contains some 46.26
acres and 113 lots are planned. Property located outside the city adjacent to Country
Woods. Mr. Baker read his comments saying the plat is consistent with the
comprehensive plan; the developer is to bond the sidewalks and street trees and the
required greenspace has been provided. He said that one primary ingress/egress is
proposed and a left turn lane has been approved by the Baldwin Cty Hwy Dept on Cty
Rd 27. Many stub outs are shown but the parcel is landlocked except for the portion
that fronts on Cty Rd 27. A waiver of the perimeter block length requirement is being
asked for parcel that has the lake, as Country Woods does not have any perimeter
access points. He said there is an existing drainage problem in Country Woods and
drainage design was on 10,25,50 and 100 yr storm event. Sewer planned is a gravity
system to a lift station. He withheld a recommendation due to drainage concerns. Joe
Bullock of EDS spoke on behalf of Kevin Boone the developer. He said the developer
is aware of the drainage problems. He said 75 X 140 is typical lot size, the main focus
is drainage capacity of culverts now and what can be released in new development.
They plan to construct swales to hold water in subdivision. Kevin Boone spoke said he
has hired a second firm to make a drainage study and is asking to postpone any
decision for 30 days in order to get second report. Bob Clark asked him if he had
talked to Country Woods residents. A motion was made by Bob Gentle to table until we
get the information requested, a second opinion, Mr. Boone was also asked to address
entrance way and swales. Ed Brinson 2"d the motion and it carried unanimously.
Several residents of Country Woods spoke, Bob James said Mr. Boone had bent over
backwards and talked with him but Lot 7 floods all the time and showed pictures, he
said the city should study the whole drainage area. Janet Gibson lives on the south
end of Country Woods. She commented on what she perceives as the additional traffic
this would cause on Cty Rd 27 and also said she was not notified. Joe Bonsicki wanted
to reinforce the traffic issues, and said water flows through lots 104, 13 and 94.
SD03.14 Preliminary Plat Approval of Darryl Russell, Gayfer Plantation Phase 1
(Generally located south of Gayfer Ave Ext. west of Blueberry Lane) Christopher Baker
said this is located outside the city limits in an unzoned area of the county, the issues
associated with this 22.39 acre property that they wish to divide into 48 residential lots
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March 3, 2003, Page Two
located outside the city limits are: it fits the comprehensive plan, greenspace
requirements are being met, street trees will be provided, 5 ft sidewalks are being
provided but they will also post a letter of credit 125% of the cost at the time of final
plat, they are requesting a waiver of the street stub requirement to the south and west.
Russell Lomax spoke saying the trailer park is on the west side. Kevin Boone spoke
saying this is his trailer park on the west side and that there is no access in Phase 1
but in Phase 2 there is one at the farthest end. Jean Wilson questioned whether
Christopher satisfied with this waiver and he said that he should make stub outs for
future. Jerry Gilbert spoke saying it is his development and he does not see need for
two stubouts to the south. Larry Green spoke saying connectivity is part of
comprehensive plan part of good planning. More discussion followed on one stub out to
south and one to west. A motion was made by Dick Charles to approve phase one with
one additional stub out to the south. Jean Wilson 2"d the motion. The motion passed
with two no votes by Tim Kant and Bob Gentle.
SD03-13 Public hearing to consider under Section 11.52.11 Proposed Cty Rd 13
Larry Green, the Chairman, told the rules of procedure then asked Mr. Baker for his
comments. Mr. Baker said that the County Commission is proposing to construct two
new segments on Cty Rd 13 - 104 north to Cty Rd 64 in Daphne and Cty Rd 44 to Cty
Rd 32 and that these two segments total about 5 miles. Each segment designed as a
55mph 2 lane road. In the northern segment Cty Rd 64 will connect to Hwy 104 with
an existing paved stub approximately 1 mile south of Cty Rd 64; and the southern
segment will connect Twin Beech Rd to Cty Rd 32. The southern section has no
existing paved stubs. It will intersect Manley Rd have intersection with Cty Rd 32 and
Cty Rd 32 to tie into the existing 13. He went on to say the Comprehensive Plan
supports the proposed 13 being constructed and the fact that it is being built in virgin
property our plan could be implemented but the County is not willing to reengineer the
current road design which is designed more for people moving than for community
design. He pointed out that the ROW proposed for the two lane road, however, would
be ample enough for future construction of multi -modal trails. He said the County
Commission has the ultimate authority on this project and we should work with them
even though the City Council has gone on record as stating that the monies for 13
should be applied to Cty Rd 27 for improvements and this has been communicated to
the County Commission. He made a two fold recommendation:
1. Monies should be spent fixing the problems already created on Hwy 27 in
conformance with City Council's Stated position
2. That if the County is going to move forward to extend Hwy 13 that:
A. There should be a resolution passed by the County Commission that supports the
implementation of the City of Fairhope's Comprehensive Plan and commits the County
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March 3, 2003 - Page three
Commission and the relevant departments to assisting the city implement our vision.
B. The County Engineer will not stop re -engineering or reconstruction of the road to
create lower travel speeds when development happens along the road.
C. A qualified credentialed professional will design the appropriate erosion and
sedimentation controls for the proposed 13 and that Fairhope will get a copy of the
plans when submitted to ADEM.
D. The future County infrastructure projects will be designed to assist us implement the
Comprehensive Plan through a collaborative process that takes place early and often
with the Council, Planning Commission, and staff so we are not forced to accept
projects that may compromise what we work hard to create.
E. The vision, goals, and objectives, of the City of Fairhope are equally as important as
the projects the County wants to accomplish.
F. The County Planning Department and County Engineer will defer to City of Fairhope
Subdivision Regulations as being more stringent in the Planning Jurisdiction of the
City.
G. The County will not object to multi -modal trails, tree plantings, or other efforts that
may be generated to make the road livable.
H. The County will pass a resolution that if 13 is ever contemplated to be improved
beyond a 2 lane road that it will be a boulevard with a median and that a note to that
effect be placed on the plans.
I. The County Commission will direct the County Planning Department to work with the
City of Fairhope on an access management plan for 13 and that it will be brought forth
for consideration as a County Planning document.
J. The County Commission will adopt the Greenspace Plan currently under
development by the City of Fairhope as a Planning Document to be used and referred
to in the Planning Jurisdiction of the City of Fairhope.
K. The County Commission should work with the cities to develop appropriate zoning
controls outside the city limits. This may mean attempting to amend the current
legislation that authorizes the County to zone property.
Tom Granger, the County Engineer, made a presentation to the Commission. He said
Christopher had said everything he was going to say. He had a slide show which
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March 3, 2003 - Page four
showed how the existing road would connect with proposed road. He gave a brief
history saying this project was actually started in 1994 and gave its progression until
completed plans delivered to Christopher Baker. He said the proposed road would run
through rural agricultural undeveloped land. He said he feels both planned segments
meet our Comprehensive Plan. Larry Green asked him if they had proceeded with
property acquisitions and he said no. He was asked if utilities have to be moved and he
said they are working with Riviera Utilities on this. Dick Charles asked him if 5'/
million earmarked. Mr. Granger replied yes, but not restricted, no state funds involved.
Bob Clark asked if start on north or south. He replied this depends of ROW
acquisition. Bob Gentle asked what basis of 55MPH speed limit and he replied, rural
agricultural property. Chairman Green opened the public hearing with 22 people
making statements pro and con and resolutions and petitions presented(in file). Mr.
Granger spoke again, answering some of the things said: that this is suppose to be a
hurricane evacuation route - never intended to be; connecting Fairhope & Daphne
schools - no reason to; he did say that it was planned to be an 1-10 interchange in 5
year plan; he said he was not familiar with a letter of preliminary cost estimates that
Volkert had; that the state is doing a feasibility study on Cty Rd 27 and it should be out
by end of the year. Jim Horner asked him to address stormwater runoff and retention
plans. Mr. Granger said that there is not a tremendous amount of runoff, they plan to
follow ADEM requirements. Mayor Kant asked about ADEM, phase 2 permitting. Mr.
Granger said it is an option but they will comply. Bob Gentle asked him how the city
and county could work together'to accomplish village concept. Mr. Granger said he
was not sure how this could be accomplished. That the request for underground
utilities is a good step. Bob Gentle then asked Christopher Baker how can we look out
for the City of Fairhope. CBaker said the Comprehensive Plan - come together, what
we want to look like with subdivisions, utilities, capital improvements; all important.
Land use outside the city the county votes on, the city and county will have to work
together. Further discussion led to a motion by Dick Charles to approve extension of
both segments with staff recommendations. Ed Brinson 2"d the motion and it carried
unanimously.
SD03.17 Sketch Plan review of a proposed development by Buddy Breland - Frank
Leatherbury(located south of Nelson Rd west of Heard R and east of Scenic Hwy 98)
Mr. Baker said Mr. Leatherbury is seeking input on this. That it is located behind the old
Last Nacho south of Nelson Rd and this contains some 15 acres located in delineated
wetlands. He said further the commission should consider the wisdom of approving a
development that is primarily in the wetlands. He cited environmental issues with the
impact of the development as well as low level flooding and mosquito problems. Input
only was what being sought. Mr. Leatherbury did a power point presentation of what he
hoped to accomplish in this highly sensitive much discussed subdivision that contains
wetlands. He said he was also against it when first discussed 2'/ years ago but has
done some research and with presentation tonight of eco development can be
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March 3, 2003 - Page five
developed environmentally friendly and hopes to change minds of commission get their
input. Larry Green questioned the drawing he had with corps approval, is it still valid.
Christopher said it is past time and what approved not feasible that Frank's proposal
not Nelson and Heard Rd. Tim Kant said they had been dealing with this since 1985
and questioned why they want to fill in the wetlands? That we have been thru these
issues and said it is unbuildable, that it comes up from time to time and still has not
been approved, nothing changed. David Ryan a resident on Nelson Road spoke
saying his biggest concerns are drainage and what will this do to Nelson Rd. That the
area is sensitive to water. Tim Kant suggested holding this property in a "land trust'.
That Sam Dyson suggested in'86 putting pipe and culvert running down to bay and this
still has not been done by county or developer. Phil Dyson said that filling wetlands can
cause major problems. Bill Carrigan a resident in the area spoke saying he is
concerned about Sweetwater Branch that it is to capacity now and what this would do
knows Fred Killian also has problems. Everyone being heard consensus was that
these 19 homes were not worth filling in the wetlands and resulting trouble for area.
SD03.24 Review of Proposed Sewer Main in Colonial Acres by Fairhope Public
Utilities; Water and Sewer Division(Generally located west of US Hwy 98; south of 104
and north of Volanta) Mr. Baker said this is request by Water & Sewer Dept wishing to
install 7991 feet of 3 inch pipe to serve the residents of Colonial Acres. A low pressure
system with each resident having a grinder pump. Low pressure because of
topography issues. This in turn will tie into the existing gravity system in Cambridge
Court. His recommendation was to approve. Questions answered satisfactorily, Jean
Wilson moved to approve, Bob Clark 2nd and motion carried unanimously.
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SD03 Review of new City Warehouse Building(Generally located on South Section
St) Christopher Baker said the city is in the process of creating additional space at the
warehouse on South Section Street and is proposing to construct a new warehouse
building. The review is for the location, character and extent of the construction. His
recommendation was to approve. Questions answered satisfactorily, Dick Charles
moved to approve, Bob Gentle 2"d and motion carried unanimously.
Meeting was duly adjourned at 8.40 p.m.
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Larry Green, Chairman
Betty Riv bark, Secretary