HomeMy WebLinkAbout02-08-2005 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Tuesday,
February 8, 2005 at the City Administration Building, 161 N. Section Street
at 5:00 PM.
Present: Dick Charles, Chairman; Bob Clark, Larry Green, Jean Wilson,
Debbie Quinn. Christopher Baker, Director of Planning & Zoning, Betty
Rivenbark, Secretary. Absent: Tim Kant, Ed Brinson, Dan McCrory, Lee
Turner
The minutes of the January 3, 2005 meeting were duly considered and
approved as amended on motion by Larry Green 2 nd by Jean Wilson and
unanimously carried.
ZC05.04Public hearing rezoning request from R2 Single Family to
R3TH Townhomes Fram property(Generally located between White and
Gaston) Mr. Baker said that Craig Dyas is representing the Fram family on
the two pieces of property that contain a house and grocery store. All the
property in all directions is zoned R2 Single Family. Mr. Dyas has indicated
that he wishes to construct a townhome development similar to what was
constructed on Oswalt St. In order to do this it must be rezoned to R3TH.
He said further that this is spot zoning and he recommended denial. He
said there were several letters he had submitted with the package and he
had a letter from Mr. Partridge also opposed. The public hearing was
opened and Terry Lowell came forth and presented a petition from the
neighbors within 300 ft of the property against the proposal. She also had a
letter and photos. She cited water problems now and that this neighborhood
is not conducive to what proposed, all homes are single family now and not
like Oswalt Street. There were no other comments. The public hearing was
closed and Craig Dyas spoke acknowledging the drainage problem. He said
in the comprehensive plan R3TH zone is described as transitional and this is
what this is. He said he would not do anything to hurt the neighborhood but
8 townhomes would be less footage than four 2000 ft homes. He said he
had also asked this be put off a month so he could get a legal opinion. Larry
Green asked Mr. Baker if he had anything in writing from the city attorney
and Mr. Baker said no but in a telephone conversation with him Friday he
said it was spot zoning. Larry Green said based on the city attorney's
opinion and Mr. Baker's recommendation he recommended to the City
Council denial. Debbie Quinn seconded the motion and it carried
unanimously.
ZC0S.05 Public hearing rezoning request of Klumpp Family Ltd from R6
Mobile Home to R2 Single Family(Generally located east of Cty Rd 27 and
West of Blueberry Lane) Mr. Baker said John Avent is representing the
Klumpp Family and that this trailer park has been converted and replatted as
Falls Creek with paved streets and meets R2 requirements he
Planning & Zoning Commission
Page Two -February 8, 2005
recommended approval. The public hearing was opened and closed with no
comments. Mr. Avent was not present. Larry Green moved for approval to
City Council based on Mr. Baker's recommendation, Bob Clark 2 nd the
motion and it carried unanimously.
SD0S.04 Preliminary Plat of Gayfer Estates Plantation Phase 2
(Generally located south of Gayfer Ave Ext West of Blueberry Lane) Mr.
Baker said Mr. Gilbreath is representing Gilbreath Petz Development and
this property has been annexed and is zoned R1 Single Family. Phase 1
was previously approved and constructed. That all issues have been met
and he recommended approval. Jean Wilson moved for approval 2 nd by
Debbie Quinn motion carried unanimously. Debbie Quinn applauded the
green space in such a small development.
5D05.07 Preliminary Plat of Wood Lane Estates lane of Fleetwood
Lane (Generally located west of So. Section Street South of Cty Rd 32).
Mr. Baker said this is a 16.39 acre parcel and that 3 lots are proposed. He
said it is not in the city but in our planning jurisdiction. He said they will have
wells and septic system with a reserved ROW and a common drive. A
waiver of drainage is being requested because of the size of the lots. He
recommended approval. Seth Moore was present representing the owner.
The question of city water came up and Seth said they are talking to Dan
McCrory about a city water line, that the house planned will be built in the
middle of lot 2 and that underground power has already been put in. Further
discussion led to a motion to approve by Debbie Quinn, 2 nd by Bob Clark
with waiver of drainage as requested. Motion carried unanimously
5D05.08 Minor Plat of Montrose Estates property of Steve and Judy
Snowden(Generally located at the northwest corner of Second Street and
Jewitt) Mr. Baker said this is .80 acre parcel of property located in the City
zoned R1 Single Family that they are wishing to divide into 2 lots. He said
they have access to paved streets and have water but not sewer and health
department approval will have to be gotten. Drainage calculations were
provided by Charlie Bassett and a note will be on the plat requiring
detention construction. He recommended approval. Charles Bassett was
present representing the Snowdens. Debbie Quinn questioned him about
the water runoff, she said she was concerned about the houses existing and
how it would affect them. He said there would be a gravel trench that flows
from easUwest then run to Jewitt that would slow the water down. Further
discussion led to a motion by Larry Green to approve 2 nd by Jean Wilson
motion carried with four yea votes and one no vote by Debbie Quinn.
Planning & Zoning Commission
February 8, 2005 -Page three
5D05.09 Preliminary Plat of Melissa Subdivision land of Carolyn
White(Generally located south of Horn Lane west of Thomas Hospital)
Mr. Baker said Ms. White is seeking to divide this one acre parcel into two
lots and that it is located in the city and is zoned R1 Single Family. He said
the ROW on Horn Lane is very small and at some point in the future the city
may elect to improve Horn Lane. A note will be placed on the plat regarding
the potential for ROW purchase. He said sewer is available but there is not
enough ROW for this to be accomplished. He said he suggested 5-10 ft
easement adjacent to ROW be acquired to allow sewer line installation. He
recommended approval and require 10 ft utility easement so the sewer can
be provided adjacent to existing Horn Lane ROW. Charlie Bassett was
present representing Ms. White. He said he had been talking with Mr.
McCrory about sewer but Mr. McCrory was not present tonight. It was
established that there was 16 feet along the side of the lot but 40 ft was
needed for easement. Mr. Bassett asked they go ahead and approve
preliminary plat contingent upon him getting with Mr. McCrory and working
out equitable solution and direct Mr. Baker not to sign the plat until this is
accomplished. Larry Green moved to approve contingent upon Mr. Bassett
getting with Mr. McCrory and working out an equitable solution and direct
Mr. Baker not to sign the plat until this has been accomplished. Debbie
Quinn 2 nd the motion and it carried unanimously.
5D05.10 Preliminary Plat of the Cottages at Point Clear/Point Clear
Development Co(Generally located west of S. Section Street south of Old
Battles Road) Mr. Baker said Bill Bru is representing Point Clear
Development Co in this 4.98 acre property that is not zoned. A
condominium development is proposed. This had previously come before
the commission as an informal review. He said private streets, gates and
fences are planned for this gated community and this will be an extension of
Lakewood. He had a letter from the golf course architect that said they
would accept the stormwater runoff into existing ponds on the golf course.
He said many waivers were being requested and he recommended approval
subject to 1. a note being placed on the plat that the City of Fairhope is not
responsible for any stormwater drainage or street maintenance regardless if
annexed into the City. 2. The City of Fairhope Public Utilities is only
responsible for main lines in an utility easement or public ROW. 3. A letter
from the engineer stating no damage will be done to the Golf Course
property. Richard Benham of Rester & Coleman Engineers was present to
answer questions. Discussion followed and Larry Green moved to approve
with the 3 restrictions that Christopher Baker had set out. Jean Wilson 2 nd
the motion. More discussion followed on the water runoff and Debbie Quinn
questioned the engineer on how they plan to slow down the water going to
the golf course. Mr. Benham said it would exit at a slope via 3 headwalls
Planning & Zoning Commission
Page four-February 8, 2005
and then go thru rip rap to the pond. Ms Quinn asked if this had been
engineered and even though we had a letter from the groundskeeper saying
they would accept the runoff suggested an amendment to the motion, and
Mr. Green accepted the amendment to have this engineered and have
energy dissipaters installed on the outfall lines going to the golf course. Bob
Clark 2 nd this amendment, motion carried unanimously.
5D05.11 Request of Fairhope Public Utilities for 11.52.11 review of a
water line extension on Old Hwy 11. Mr. Baker said this requires planning
commission review and approval of the location, character and extent of
utility construction so it is in compliance with the comprehensive plan and is
280 ft of a 2 inch water line extension down Old Hwy 11. He recommended
approval. Debbie Quinn moved for approval, Larry Green 2 nd the motion
and it carried unanimously.
Under old business, Cara Stallman and Kenny Mcllwain were present from
the Baldwin County Planning and Zoning Department. Ms. Stallman said
they have received a grant from EPA which they can now make available to
all cities in Baldwin County GIS information and she wanted to come before
the commission and let them know it was available and that Baldwin county
can provide this information to us free of charge if we only request it(within a
reasonable length of time) in order for all of us to do better planning for the
county. She said this would probably need a resolution at the city council
level to the county commission requesting to receive the maps from the
county. Debbie Quinn moved to request the city council to pass a resolution
which would allow the planning commission to get the GIS information from
the county. Larry Green 2 nd the motion and it carried unanimously.
~edat6:10PM
RicHard N. Charles, Chairman