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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