Baldwin County Planning and Zoning Commission Regular - Regular Meeting

Good evening. I want to call the September 3rd Ballin County Planning and Zoning Commission meeting to order. If you would, please stand with me for an invocation. Heavenly Father, we thank you for the opportunity to gather today and to serve our community. We ask for your wisdom and guidance as we consider the matters before us. Give us discernment to make sound decisions, patience to listen, humility to consider the other perspectives, and the wisdom to do what we feel is right. We ask your blessing upon our community, those who serve it, and those abroad. In God's name, amen. All right. Thank you, ma'am. We could call the roll, please. Does he? Okay. I will call the roll, then. Steve Pumphrey, Brandon Bias, Scott Schamburger here, Michael Mullick here, Greg Siebert here. Michael Fletcher.

Here.

George Waters.

Here.

Reed Key.

Here.

Doug Lipscomb. All right. We have a quorum. All right, next I will move for approval of the meeting minutes. I trust all of you had a chance to review those, so I'll entertain a motion for that.

Mr. Schamburger, if I may, before we go that far, just for the minutes and for the record, since the chairman and the vice chairman is out, it probably will be prudent for the body to go ahead and elect a chairman for tonight. I don't know that we actually have to do that, but for the record, it may be good to kind of clear that up. Okay. establish you as the chairman if they so choose.

Do I self-nominate for that?

I'll make a motion that we nominate Scott Schamberger for our chairman for tonight. I second it.

All right, we have a motion on the floor and a second for me to serve as chairman for tonight's meeting. Any further discussion? All those in favor by signifying aye. Aye. Any opposed? Thank you for this esteemed honor. All right, now we will move to the approval of the minutes from our last meeting on August the 6th, and I will entertain a motion for those.

So moved.

All right, we have a first.

I'll second that.

All right, we have a second. Any other discussion? All in favor? Aye. Any opposed? Minutes are approved. All right. No new business, so we'll start tonight with our old business. This is case number SPP25-38, Benjamin's Run Subdivision.

Thank you, Mr. Chairman. I'm just going to go ahead and open the PowerPoint here so that we can kind of discuss the changes to this project. As most of you will remember, this project was presented two months ago and it was tabled due to some concerns regarding parking, LID features, usable open space, And during that time where this project was tabled, staff went back to further discuss with the applicant. And it is our understanding that LID features are not applicable, so they're not required for this development due to the zoning of the RMF 6 that by default, it gives the applicant a permitted use to develop 25 foot wide lots. So with that being said, the applicant has revised the preliminary plat which you should all have in your staff reports and also have it here on screen. The LID features are not required and they have shown the usable open space that would no longer be interfering with those LID features since they're no longer required. I also have on here a site detail where the applicant has shown that they can accommodate the required parking as it was a concern in one of the motions for the tabling. And they have also communicated with our staff how the curbside pickup will be collected. So with all of that being said, I'm happy to answer any questions.

Okay. Does any planning commission members need to disclose any prior communications on this item? All right. Any questions?

Bobby, remind me how, how wide are, I know these are going to be private streets, correct?

Yes, sir.

How wide are they going to be?

They're 60 foot wide right of ways instead of the typical 50.

Because there's still the likelihood that you're going to deal with some on-street parking issues. I know that they fulfill the requirements parking-wise, but... There's still going to be some cars in the street.

Yeah, so with the width of the proposed lots, it doesn't actually really allow for much of the on-street parking because, you know, they're 25-foot wide lots for the townhouses.

Probably for clarity, I think what Mr. Siebert is asking, the actual street width, the applicant did provide the wider street section. So if you could expand on that just a little bit.

Yes, so they did provide on that while that is not required for them to do because it is part of the L. I. D. Features they did provide for safety concerns these wider streets.

Thank you.

Any other questions. This is not a public hearing, so if there's no further questions for staff, then I'll be glad to entertain a motion for this.

Mr. Chairman, I'll make a motion. We approve case number SPP25-38, subject to staff conditions.

Okay, we have a motion. Do we have a second? Second. All right, we have a motion and a second. Any other further discussion? All right. All those in favor, signify by aye. Aye. Any opposed? All right. Motion carries.

Mr. Chairman, if I may, just for the record, just for anyone watching, the reason the public hearing was not held tonight is because it was held two meetings ago when this item was tabled, and it was tabled to tonight's meeting. So therefore, that's why we did not have to redo the public hearing. It's already been held.

Thank you for clarifying that for me. Okay. Next up is our proposed consent agenda items. For those of you unfamiliar, these are items that these cases are non-controversial and do not require a public hearing. I would also like to point out on the proposed consent agenda, item E has been pulled and or withdrawn by the applicant. So A motion that is made will only be considering items A, B, C, and D, and will exclude E on the consent agenda this evening. Any planning commission members need to disclose prior communications regarding this item?

Okay.

If there is none, then I'll entertain a motion.

I'll make a motion that we approve or recommend approval of consent agenda items PER 26-23, PER 26-24, PER 26-25, and PER 26-27.

Thank you, sir. I have a motion. Do we have a second?

I'll second.

All right. We've got a second from Reed. All those in favor signify by aye. Aye. Any opposed? All right, consent agenda passes. Next, we'll move to the public hearing portion of our agenda. I'll take a brief moment. If you are here and you have not, and you would like to speak or address the body, please register out in the lobby to be able to do that. We'd love to hear from you if you have something to say, but you do need to sign up and register so that uh we can call on you when it is time uh when it is your time to come up and speak if you're representing uh yourself or a single single group if you will um there's a three minute timer for for you uh which staff will start if you are representing a larger body like a homeowners association, for example, then we will extend your time to five minutes to speak. So just please be mindful of that. You will hear an alarm at the three-minute mark, and we'd like for you to wrap up your comments at that time. So with that, we will move to our public hearings. And the first case is SC26-17, Henry Vick subdivision. And does staff need to, or excuse me, do commission members need to disclose any prior communications on this item? Okay, take it away.

Thank you, sir. Okay, this is for SC26-17, Henry Vick subdivision. This is for preliminary and final plat approval for a two-lot subdivision. It is located in Planning District 5. It is unzoned. The location is east of County Road 112 and west of Phillipsville Road. Again, this is for a two lot subdivision. The total acreage is 187.12 acres and the smallest lot will be 5.03. Water will be well, sewer will be septic, electric will be Alabama power. The drainage letter was prepared and stamped by Vincent Lucido and was accepted by the Bowling County permit engineer. Here's location. Aerial map. Preliminary and final plat of the subdivision. Enlarge to show detail. The request is for a two-lot residential subdivision and staff recommends that the case number SC2617 be approved with conditions. Specific conditions or any future improvements will require all applicable local, state, and federal permits and will need to adhere to the Alabama, I mean, I'm sorry, to the Baldwin County Access Management Plan and also remove the note on the plat regarding the stormwater discharge. Any questions?

My microphone all might help. Frank, do you know the code for me to get into this iPad? Somebody come tell me. All right. I'm the new guy. Oh, I see it. Yeah. Thank you. All right. Any questions from

Commission members right now.

I will open the public hearing up. George Mosley George come on up.

I think I need to announce this is my father and I'm not sure if this is the right case must be on.

He's he's on McCarty Springs. I'm sorry.

Yeah, I apologize.

I called you for the wrong one.

It's the wrong case.

Okay, I'm sorry. I'm sorry, Mr. Mosley. I apologize. I'm still the new guy. I'm learning. Warming you up. Okay, so we have Vince here. Vince, I know you're here. Be happy to address any questions if there are any, I'm certain. So do we have any questions for the applicant or his representative? All right. Well, I'll close the public hearing on this item, and I will entertain a motion.

Mr. Chairman, I'll make a motion. We approve case number SC26-17, subject to staff conditions. Okay. We have a motion. Do we have a second? Second.

All right. We have a second. All those in favor, signify by aye.

Aye.

Any opposed? All right. Motion carries. Okay, next up, next public hearing is case SC26-27 Reynolds Farm Subdivision. Do commission members need to disclose any prior outside communication regarding this item? All right, take it away.

All right, we have SC26-27, the Reynolds Farm Subdivision. This is preliminary plat approval for a five lot subdivision. It's located in Planning District 12 on County Road 62 North. The total acreage is 23 acres. The smallest lot size is 4.3 acres. Water will be East Central Water, Onsite Septic, and Baldwin EMC for electrical. The drainage narrative was prepared and stamped by Dave Lavery with Centennial Civil Engineering. There were two wetland delineations submitted with this project prepared by UES and Wetland Sciences. The greater area of the two is shown on the plot with a 30 foot natural buffer. Here's that aerial image showing the location of the property. I'm detailed of the current site conditions. This property is zoned rural agriculture. Image of the proposed plot. It's just the five lot subdivisions. You can see the wetlands to the north with the 30 foot buffer. This will meet access management plan. There's no common jobs required. And the approval tonight is for the preliminary and final plot approval. And I'll be happy to answer any questions.

All right. Any commission members have questions for Ms. Wilson? Okay. If not, I'll open the public hearing for this. case uh david lavery is here i'm assuming representing the applicant okay fantastic anybody have any questions questions for david all right if not i'll close the public hearing and we'll entertain a motion on this let's go i make the motion that we approve case number sc 26-27 subject to staff conditions all right we've got a recommendation from reed need a second second all right we have a second all those in favor signify by aye aye any opposed all right the motion carries thank you next up we will move to case number sc26-28 resubdivision of lot 26 lost river acres subdivision any commission members need to disclose prior communication on this item All right. Thank you.

Okay. This is SC 2628, the resubdivision of Lot 26 of Lost River Acres. It's a preliminary and final plot approval for a two-lot subdivision. It is located in Planning District 13 and is unzoned. Location is south of US Highway 98 and west off of Horseshoe Circle. Okay. It is going to be two lots. The total acreage is going to be 2.27 acres and the smallest will be 0.93 acres. The water is East Central Baldwin County water. The sewer is septic and is Baldwin EMC. Drainage letter was prepared and stamped by Thomas Granger and it was accepted by the Baldwin County permanent engineer. Here's your location. Aerial map. Here's the history of Lost River Acres recorded plat. Here's the preliminary plat of the resub of lot 26. Enlarge to show detail. Staff is recommending the SC 2628 be approved with conditions, and the condition being any future improvements will require all applicable local, state, and federal permits and will need to adhere to the Baldwin County Access Management Plan. Any questions?

All right any members have questions for miss mostly. Open a public hearing on this item one person signed up Sarah Lyle assume authorized agent you're here on behalf of the applicant. Any members have questions for Sarah. All right. Being none, I will close the public hearing and entertain a motion on this item.

I make a motion that we approve case number SC26-28 of the staff commission.

All right. Mr. Reid's made a motion. Do we have a second?

I'll second it.

All right. We have a second. All those in favor, signify by aye. Aye. Any opposed? Chairman votes yes. Sorry. On all the lines. Forgot to vote. All right, next item, case number SC26-29, Dubose Road Subdivision. Any commission members need to disclose prior communication on this item?

All right, Ms.

Waters.

All right. Thank you, Mister chairman as use stated this is case as see 2629 the do both roads subdivision the subject property is located in planning district 18 it is on sound and the subject property is located North of do both road in West of County Road 73 approximately one mile West of the ball and beach Express. The request in front of you is a preliminary plan for a two lot subdivision with the total acreage being approximately 40 acres, the smallest lot size being about 12 acres, and the other being approximately 27 acres. The utilities provided are going to be wells, a septic tank, and Baldwin EMC as the electrical provider. There are no jurisdictional wetlands identified on the subject property and staff is recommending approval of the subdivision with the following condition that no access is proposed from County Road 73 and that both lots shall obtain access from Dubose Road and comply with the requirements of the Baldwin County Access Management Policy. Here is your aerial map of the property location and your preliminary plot. With that, I'm happy to answer any questions. Okay.

Any commission members have questions for Ms. Waters regarding this? No, all good? All right. Being none, then we will open the public hearing for this case. I have one person signed up to speak, Arthur Johnson. Imagine representing the applicant.

Okay.

Thank you. Does anyone have any questions for Mr. Johnson?

Y'all are deliberating over there. Y'all good? Okay.

All right. Being no questions, I will close the public hearing on this case, and we will entertain a motion.

I'll make a motion that we approve case number SC-26-29. Subject to? Subject to staff condition.

Fantastic. Thank you. We have a motion for approval. Do we have a second?

Second.

We have a second by Reed. Any further discussion? All right, all those in favor signify by aye. Aye. Any opposed? Chairman votes yes, motion carries. Next item on our public hearing agenda tonight is SPP26-13, Hope Hills Subdivision. Any planning commission members need to disclose prior communication on this item?

All right.

Being none, we will let you have it, Ms. Mosley.

Yes, sir. SPP 2613, Hope Hill Subdivision, is preliminary plot approval for a three-lot residential subdivision. It's located in Planet District 15. It's zoning RA. Its location is east of State Highway 181, east off of County Road 64. The number of lots is 15. Total acreage is 19.1 acres. The smallest lot will be 5.82 acres. It will be septic well in Bowen County EMC. The drainage narrative was prepared and stamped by Jay Broughton and it was reviewed and accepted by the permanent engineer. There's our location. Our aerial map. Here's our preliminary plot of Hope Hill subdivision. Enlarge to show detail. Enlarge to show the private drive and the common area details. Again, this is Hope Hill subdivision. It's a three-lot residential subdivision. All lots will be accessed through a shared private access private drive located in the common area and must adhere to the Balling County Access Management Plan. Staff is recommending approval with conditions. The conditions being the proposed private drive shall be constructed and completed in accordance with the Ballin County procedure to construct driveway turnout and design standards for new road construction prior to final plat approval. Provide a note on the final plat stating the 911 address approved name, private drive shall be privately maintained. The private drive and associated private access shall be located within the common area. Submit draft HOA documents including the operation and O&M plan addressing the long-term maintenance of the private drive and associated improvements located within the common area. The proposed 911 name private drive shall obtain Ballin County Commission approval in accordance with section 5.5.1b privately maintained streets of the Ballin County subdivision regulation prior to final plat approval. Any questions?

All right. Any guys have any questions for Ms. Mosley on this? All right. No questions. Then I'll open the public hearing. I don't see anyone has signed up on this case. Okay, fantastic. All right. Well, then I will promptly close the public hearing and we will entertain a motion for approval. Unless you guys have more questions.

I'll make a motion that we approve case number SPP 26-13 subject to staff conditions.

All right. Reeds made a motion. Do we have a second?

I'll second it.

All right. We have a second. All those in favor, signify by aye. Aye. Any opposed? Motion carries. I'm a yes. I'm an aye. All right. Where am I going? All right next on the list for our public hearings this evening is S P P 2, 6 dash 1, 4 McCarty Springs subdivision any commission members need to disclose a prior communication on this item. No, okay, this waters.

Mister chairman. This project was reviewed by Mary booth, but I will be present in it for her. This is case SPP 2614, the McCarty Springs subdivision, a preliminary plot approval for a three-lot subdivision. The subject property is located in Planning District 7. It is unzoned. As I mentioned, the request is for three lots, with the smallest lots being approximately 0.3 acres. The utilities proposed is North Baldwin Utilities for Water, Baldwin County Sewer Service for Sewer, and Baldwin EMC as the electrical provider. Traffic study was not required. A drainage narrative was submitted and accepted by the Baldwin County permit engineer. Here is your planning district map. This is your aerial map of the property, a site map. This is your preliminary plat and a more enlarged plat. showing the three lots. Lots one and two will be accessed by a common driveway that will be installed by the developer. And lot three will be accessed by the existing gravel driveway. Under staff analysis, staff recognizes that McCarty Springs is a subdivision request for a three-lot subdivision with a common drive proposed for access. to lots one and two. In lot three, we have access from an existing gravel road, gravel drive. Common drives shall be installed before final plot application can be submitted and must comply with the Baldwin County Access Management Policy. The SPP staff is recommending approval of this case, SPP 2614, with the following conditions. Common drives are required to be installed, inspected, and accepted by the Planning and Zoning Department prior to submitting a final plot application. A driveway permit application is required and shall be submitted and approved before construction commences. And a letter from the engineer of record that subdivision is compliant with ISO requirements is outstanding. And if not submitted prior to the planning commission meeting will be required before final plot application can be submitted. We have a couple of slides here of the street view looking south of the existing driveways. As you can see here, this one will be serving the access for lot three. And with that I am happy to answer any questions. I will say that our staff has received public input regarding the proposed use of the property once the subdivision is approved so with that I'm happy to answer any questions from the plan commission.

Any planning commission members have questions for us waters. All right. With that, I will open the public hearing for this item. Uh, we have several of you signed up to speak, so I'll just remind you that, um, you have three minutes each. I'll call your name. You can please come up to the podium to address the to address the body. I'll start with, um, Mr Mosley. I made you walk last time, so you go first.

Yes, sir.

Okay.

On this, it was an old deal there that was in farmers' hands for years and years. Well, now they're wanting to take and cut it in, and there's houses behind it on each side of it. The access will be limited the way it is, and we don't know how many apartments, or was it three, I think, places they're going to put in there. And you've got some oak trees. They say they're over 100 years old. that was subject to be removed in order to take and give them more access and whatever like that and uh the people it's all homes are circling that whole area is home so uh i hate to say this but we don't know if it's okay who would be moving in and what would be subjected to the children and stuff in the area and and the people in that area and everything and it's always been a home site I mean, we're not apartment sites. It's always been a home site. And that's what we're concerned about is what's going to go in. You know, what's going to go in, what we're going to be subject to for the people on that road. I live down Mosley Road, which is off of it for... 40, 50, 60, 70 years I've lived down there. And you have to be very careful in this area, especially the houses all around them, who's going to move in and what they're going to do with it and how it's going to be. And are they going to have to put sewer systems in? and either septic tanks and all that stuff would have to be put in. It would be a mess. And all the people around it, they're really upset over this being moved into the area that they were raised in and been there for years, I'd say for years, years. And that's what we're concerned about. It's not just a home site, but a site where you cannot determine who's there and who's not there. And it's a family area. And that's what they're all concerned about. Kids. There's kids all over the place there. And that's what they're really concerned about is what's going to be coming in there. It's never been that way. It's always been a home site for families, for the people that live there. I've been there for, let's see, 70 years. And that's what they're all concerned about. It's going to interrupt a whole lot of stuff. It's going to bring in more traffic, and you don't know who. will be coming into the area. And it's a family area, and that's what they're really concerned about is what's going to be happening to their home life. I don't know whether they plan to... You're okay. You can finish your thought. Huh? You can finish your thought. It's okay. I don't know where they plan on fencing it. or leaving it open to the neighbors around it, you know. Yes, sir.

Well, I appreciate you sharing your thoughts with us this evening. The applicant is here, and so once you guys get through speaking that have signed up, I'll let them come up and address your concerns.

Thank you, sir.

Yes, sir. Thanks for being patient with me, calling you up twice. Okay, next up we have Steve Harris.

Yes, I'm Steve Harris. I'm concerned about it because I've been there 34 years in November, and it's right next to where I'm at. To start with, there's an oak tree there, as George may have mentioned. It's been there hundreds of years, and that's kind of a wet part right there anyway because I've got a pasture right next to it, and when it rains hard, the water flows right on over into there. Austin Street is nothing but swamp. And it's just, I understand they want to build a three-unit duplex on a 1.291 acres. That's going to be very small. And nobody around us is satisfied with it. That's really about all I've got to say about it, because I don't want to say what I want to say.

I understand, Mr. Steve. I appreciate it.

Thank you.

Okay, next up would be Tom Cox. Behind him will be Dylan Tyree, Cassandra Timothy, and Linda Johnson. If y'all wanna just come line up behind him, that'd be great.

Mr. Cox. Good afternoon. I request a little extra time. I'm here on two occasions. I am a resident and also I am a deputy chief on the Stapleton Fire Department. So I have some comments on both sides of it. First of all, as being a resident, we've been in there for approximately 20 years. We've seen a lot of growth here recently in Stapleton. Loxley's coming up to us in one end, Baymanette's coming up from the other side, Spanish Fort. And where we live, there's one road in and out at the same time. A lot of more traffic coming in. Loxley's building just a quarter mile from our house. We've had an uptake of a lot of traffic, a lot of kids running around on four wheelers and motorcycles without helmets. Nobody's enforcing it. I don't know if it's county or if it's Loxley, but it's not being enforced, so what's gonna happen when we get more people elsewhere? With all of this structure going in, we don't have any infrastructure there, like restaurants, more gas stations, more stores, more businesses. We're a small community. If we're not gonna get that, Let's keep it small. Let's just not pack more people in there. On the other side of it, the fire department side, I don't know if you're aware of it, fire doubles in size every minute after it happens. We are a small fire department. During the day, most of the men, such as I work, there's a lot of retired people. There's a couple women that can make medical calls as well as an ambulance service. I'd like to know, with these structures being so close, what they're gonna have for fire prevention in it. Okay, number one, is there gonna be pre-connects close by to hook a fire truck to without stretching hose six or 700 feet? That takes time, okay? Coming in with the volunteers, we get there, it might take three, four, five minutes to get somebody to the fire station to get out there. Fire's already going, so it takes extra time to stretch a hose. Okay, so it would be a lot better if they would have a connect there, a fire hydrant right next to it or a pre-connects to hook a fire truck up to. You know, ambulance service is another thing. We pack more people in. What type of people are going to be in there? We've heard all different kinds, Section 8. i don't know i don't know what their plans are for the type of people that's going to be in the houses that has a lot to do with outside support whether it's law enforcement ambulance service fire department medical so right now at this point i don't think we've got enough information

I appreciate it. One thing I'll address, the fire prevention question for you. Thanks for your service in that. Also recognize that the building department will enforce those codes related to the fire separation walls or any kind of you know fire prevention that may be needed there so um they'll be safe i guess and safer with you and your team responding if there was a need obviously but um i wrote down your other concerns so we'll we'll bring those back up for you all right thank you let's see who's next uh dylan tyree mr tyree yes sir um

Start by saying I've lived in Stapleton for 32 years. That's how old I am, born and raised there. My property touches three corners of this property. Everything on the left and behind it, all the way to that private drive. All right, and three duplexes, they've already did the permit number for three duplexes going in there. And you know, that's just a lot on one acre, 1.2 acres. And another thing is, is how are they draining? First, we got an oak tree, and I've talked to Alabama Forestry Commission, I've talked to the environmental agency, but they were supposed to be here today, about this oak tree. They said this oak tree is anywhere between 320 to 400 years old. The ditches stopped quarter of this oak tree on my property because of they couldn't cut a ditch. through the roots of the oak tree. The power line goes in between the fork of this oak tree because I've always heard this oak tree was protected from the people I bought the property from that's owned it for, I don't know, she was 80. I think she's owned it her whole life. And this oak tree, I've always heard it was protected. And the only way they can get drainage is to cut through roots and kill this oak tree. On the exact opposite side of the road, there's another oak tree identical to it. It's over 21 foot big around at four foot high. That's where you measure that. And I talked to the tree champion. I've talked to everybody that knows anything about a tree. And they don't have Daphne Fairhope and Gov Shores, people who pretty much deal with the trees, the big trees and protect them. But the only way to drain this place would be through the mulch trees. Across the road, across Stitch River Road, there ain't nothing but a big pond. It's a swamp. So it's going to flood the surrounding area. And I don't know exactly how they're going to build these new places, but I imagine they're going to put driveways in. fan up top. And if you cover the roof with concrete, rocks, and a bunch of crafted machinery, it's going to kill this oak tree. Okay, this oak tree is 80% on county property. Okay, the power line runs through it. The property line, my survey mark, is right, just barely on the right side of it. It's mostly on the county driveway. I know a lot of people would be mad if this oak tree got that I've talked to. All right. Another thing is, like they would say, what kind of people is going to move into my front yard? My house is literally less than 100 feet from where they're going to build these three duplexes. I'm not one to complain. But three duplexes, I think it sounds like that's just too much. And if it's subdivided three times, you know, houses you know that ain't you know a couple neighbors six new places that's six new neighbors in an area where everybody's got acres everybody on that back row everybody over here they're all in here over this this thing and we all own acres around here and if they subdivide it into what y'all say point three acres that's just it's not right i mean i ain't one I think it's just too much.

I understand. Thank you, Mr. Tyree.

Yes, sir.

Cassandra Timothy, you're next. You're going to pass? Okay. Ms. Linda Johnson, you're going to pass as well? All right. Hunter Smith. Hunter, if you would, come on up.

hunter you're representing the applicant is that right that's right fantastic hunter smith smith clark and associates we're land surveyors we were hired to do the survey submit the application for the subdivision and abide by county rules that govern the process um i don't know much about what's happening after the subdivision takes place other than we're going to install the driveway that'll be common um I do know, I was informed before I left the office this afternoon, that nothing's going to happen or nothing is planned to be happening to the oak tree. Apparently that's a big deal for a lot of neighbors.

So when you say nothing's going to happen, just clarify, it's going to be protected?

There's no plans to remove the oak tree.

No plans to remove it? Okay.

I'm told that it's going to stay as is. Got it. All the other concerns, I don't know. really how to address a lot of them i don't know that you can control you know who buys lot one two or three or any of that sure um or if the owner maintains them you know themselves and builds investment properties on them that's all got to be done according to regulations correct so i can answer any questions that y'all might have outside of that

One of the speakers had a question about the drainage and the oak tree. Can you get it drained without affecting the oak tree?

So we submitted a drainage narrative that should be in the subdivision application, and that's been reviewed by a civil engineer and by staff.

I understand. I'm just asking, can you drain the land without affecting just in horse sense? You know, I'm kind of simple.

I don't have the report in front of me but I don't see why you wouldn't be able to. The general slope of that place, I'm not sure what it is. That was looked at by another professional.

I don't have a map of the contours in front of me, but our permit engineer did review the submitted drainage narrative, and it is our opinion that it did not trigger the need for stormwater management to be put on this.

Well, there's a difference between removing oak tree and cutting a ditch for the roots of oak tree. Those are two different things, but the same effect happens, and that's all I'm trying to ask is, can you drain the land and not affect the oak tree? Because that seems to be an item of contention.

I don't see why not. I don't see why you wouldn't be able to. I don't have the drainage narrative in front of me, so it's hard for me to answer that question.

So the preliminary plans that they submitted, but they did not show cutting a ditch or anything like that, that would interfere with the tree. Now, with the driveway, it possibly could, but as of what I saw, they did not get into the tree.

I'm just trying to ask some of the questions and get clarification of some of the questions.

way i understand this site to work we're going to have to deal with installing the common driveway but i don't think that that's near where the oak tree location is that's the only installation of any kind of drainers that i can foresee rest oh sure questions that are arising with with landowners around there that are familiar with them

Well, we have to respect the discipline of your firm as well, right? You're not a civil engineer. That's right.

Yeah. If there were requirements to install drainage, I would think that would be done at this stage. And that's a significant installation of any drainage is not required other than where the common driveway is going.

That's right. And we did try to put the street view here just to kind of give you like a reference of where the common driveway is going to be placed. So you can kind of see in association to the Oak Street here. Okay.

Any other questions for Hunter?

I'll just, I'm going to ask the question in a different way. Sure, yeah. So are we saying that there is no part of that oak tree that would be damaged?

That is the way I understand it, yes. Okay.

All right, any further questions for Hunter?

No?

Thank you all.

Thanks. Mr. Tyree, I see your hand is up back there, but you're a lot of time of three minutes has already been provided to you. So if you'd like to have one of those other ladies relinquish their time to you, you may do that. OK, you can come back up.

I mean, just for the sake of clarity, this is a this is a subdivision application in an unzoned area, correct?

That's correct, sir.

And as it sits right now, it is technically correct. Yes, and the subdivision meets... Subject to the conditions that staff has.

That's right. The subdivision in front of us does meet the Baldwin County subdivision regulations with the conditions specified. And while we sympathize with the comments from the community regarding the tree, this is unzoned property. We don't really have the ability to regulate whether should whoever purchased this property decides to... remove the tree or cut the tree down, we are not able to regulate that. There are the subdivision regulations.

We all sympathize with you on the tree, I can promise you that. We spend a lot of time up here trying to do what we can to sort of encourage responsible development that will preserve those heritage oak trees that we all just appreciate and enjoy so much. But essentially, our hands are a little bit tied there. Being an unzoned area of the county where our regulations are really limited, some of the protections that we maybe could provide to you, we were unable to do so through that. We're not trying to subdivide it. The applicant is correct. And they're subdividing it according to the regulations. And so if they meet those regulations, then we as a body have no choice but to approve that application. We can't be subjective in that. According to the, it would just be according to our subdivision regulations and our planning and zoning ordinance. That would be a question you need to direct to staff. I don't have an intimate knowledge of our livestock allowance.

Okay, that would be fine.

Thank you, Mr. Tyree. We appreciate it. Alright, I think I got everyone. Is there anyone that did not get a chance to speak that would like to speak on this matter?

Okay.

All right, with that, I will close the public hearing. Any other questions from members of the commission? Any other comments? Okay. With there being none, I will entertain a motion on this item.

Mr. Chairman, I'll make a motion. We approve case number SPP26-14, subject to staff conditions.

Okay. We have a motion for approval. Do we have a second? Second. All right. We have a second. Any further discussion? All those in favor, signify by saying aye. Aye. Any opposed? Chairman votes aye. It passes. Thank you. All right. Next on the agenda for this evening, case number SPP26-16, Brewer Subdivision. Do any Planning Commission members need to disclose any prior communications regarding this item? None? All right. With that, I will turn it over to Ms. Moser.

Hi. Okay, this is for SPP 2616 Brewer Subdivision. It's a preliminary plot approval for a three-lot residential subdivision. It's in Planning District 14. The zoning is RA. The location is south of State Highway 104 and west of County Road 9, south off County Road 48. It is going to be 14 lots. The total acreage is 14.72 acres. The smallest lot will be 4.7. It will be Septic Well and Ballin County EMC. It was a drainage narrative prepared and stamped by Chris Lieb, and it was reviewed and accepted by our permanent engineer. Here's our location. Area map. The preliminary plot for Brewer subdivision, enlarged to show detail. Brewer subdivision is a three-lot residential subdivision. Lot three will be accessed through a single residential drive. one in two will be accessed through an existing drive to be converted to a common drive and must adhere to the ballroom county access management policy staff has recommended approval with conditions one condition is common drives must be installed inspected and completed before final plat approval And the final plat must reflect the 30 foot by 30 foot easement for the common drive for 5.5.17 common drives following county subdivision regulations. Any questions?

All right. Any questions for Miss Mosley on this item? All right. With that, I will open the public hearing on this. I don't believe we had anyone sign up here. So do anyone that like to speak no all right we'll close the public hearing and I will entertain a motion I make a motion that we approve case number SPP 26-16 subject to staff condition all right we have a motion do we have a second a second we have a second from Reid all those in favor signify by aye any opposed chairman votes yes motion carries All right, next case, final case in our public hearings tonight, SRP 26-14. This is replat of lot two of Boros Estates subdivision. Any commission members need to disclose prior communications on this item? All right.

All right. This is a common lot line move that's triggering a major change to recorded subdivision, so it's coming to... Planning Commission for approval. The subject property is in Planning District 22. It is a split zoning of RSF 1 and RSF 2. I'm sorry, RSF 1 and RA. The request is to relocate the lot line between an existing lot and a recorded subdivision and an adjacent parcel not within the recorded subdivision. No new lots are being created. The aerial just showing the location off Boris Road. The surrounding zoning is mostly RA. This is the original subdivision plot. I've highlighted the two parcels in question. Lot 2 is part of the subdivision and the out parcel was not. I have highlighted the location of the new lot line, so we're going to take the red lot line and delete it. The green will be the new location. Here is an image of the proposed replat. All easements are being maintained. And with that, I'm happy to answer any questions. He'll open the public hearing in just a second. It's okay.

It's okay. We haven't either.

Two different people own it. So... like the person who owns the out parcel is i assume buying property from her neighbor so she doesn't own i wish i had a slightly closer image um if you can see my mouse she doesn't own this land um her house is here um and i they're parked she's i don't know but she's getting this she's buying the flag and pushing herself up yeah she's getting more

would assume yes okay all right any other questions for staff here you got something Frank I just want to clarify one thing mentioned so the easement is maintained it is privately maintained I just want clear clarify that for the record okay all right any other questions for staff

All right. At this time, I will open the public hearing. Mr. Harper, I assume that's you. Come on up. If you don't mind, if you'll come to the mic, we can hear you. It says you're in support of this.

Yes, support. And I just wanted to understand how it was going to be recorded, and she answered that for me.

Okay.

So I'm good.

All right. Great. All right. Thank you. Yeah, you bet. You're the best kind of public speaker we've had. All right, anybody else like to comment on this? All right, I'll close the public hearing on this item, and I will entertain a motion from the commission. All right, we have a motion. Do we have a second? Seconded. And we have a second. All those in favor, signify by aye. Aye. Any opposed? chairman votes yes motion carries. Thank you very much. Next on the agenda is commissioned site plan reviews. We don't have any of those and we just did he might sign up for public comment.

We did have one.

Okay. All right. Do I open a public hearing for comments?

All right.

Mr. Grant Weeks. Yeah, glad to have you.

First off, thank you all for letting me speak this afternoon. My name is Grant Weeks. I serve as a vice chairman on the Magnolia Springs Planning Commission. We understand the subdivision authority and former ATJ has been removed from us recently. And we obviously respect the county's authority. However, development immediately outside the town limits can still directly affect Magnolia Springs. We are particularly concerned about higher density development, increased traffic, drainage, and stormwater runoff from proposed properties that drain into the river and Weeks Bay. We would like to discuss whether there are cooperative ways for Magnolia Springs to be notified and provide comment early in the development review process. Our request today is simply opportunity to meet with some of you guys or maybe some staff, discuss possible options. This may also benefit other municipalities in the county.

Yeah, absolutely. Well, first of all, thank you for coming and thank you for wanting to collaborate with us. That's the exercise that gets us to the best solutions when we do that. And so I know earlier in our work session, Frank, uh certainly um mentioned that we always want to reach out and work with the mayors the staff does uh any of that that's being infected and i know mayor hauser's doing a great job for y'all there and so we um very much applaud you all for what you're doing in magnolia springs and and how well y'all are taking care of your waterways so uh the short answer is yes absolutely i think we'd be glad to collaborate with you and your team and whatever we can do to make sure that good responsible development comes to you okay sounds good

all right yeah i'm on here on behalf of the mayor and the chairman of the commission so well in that case earlier there was a request to meet with us right and staff so okay that we were i don't know who i should communicate with maybe or our clerk i think if you frank you want to take that yes sir i'll take that and if i can uh meet after the meeting we'll exchange information and there's some more

items that we can discuss that it really doesn't affect the planning commission but it might be more in the county commission's wheelhouse okay yeah we just wanted to get our you know face in front of y'all and kind of get the ball rolling on see if there was any options out there for us i think there's a lot of options so we appreciate it grant thanks a lot thank you all right i don't have anyone else signed up so if i opened a public hearing i'll close it i guess so

all right planning commissioner comments don't like but when all the regulations are met mr chairman we you know our hands are tied to vote that way i mean we're not we we just can't willy-nilly ignore when all the boxes are checked and i wish more people in the public knew that and understood that it's not us against them it's we have rules and regulations and once those rules and regulations are met then then our hands are tied so i just wanted that that's a good point one we reiterate uh it seems like at every meeting so and

Mr. Chairman, if I may just elaborate just a little bit more. I mean, that is designated and that's stated explicitly by state law. So that is not something that the county commission can change. That's not something that the planning commission can change. That's not something that we have any local control over. The law specifically and explicitly states for subdivision components, which was what we're here for. to go through this body that if those regulations are met, it shall be approved. It's not a May. It is a shell. And the only way to change that is to change state law.

Yeah, I just think a lot of people leave here mad at us because we didn't decide with them. Personally, we can side with them, but we still have a lot.

That's right. We don't work

Good comments, thank you. Any others?

Good job.

Yes, good job, Mr. Chairman. Thank you.

How about that? Well, I'll make a motion to adjourn then. How about that?

I second.

I second. All right, so moved. We're done.