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HomeMy WebLinkAbout03-07-2005 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, March 7, 2005 at the City Hall at 161 N. Section Street at 5:00 PM Present: Richard Charles, Chairman; Tim Kant, Dan McCrory, Jean Wilson, Lee Turner, Ed Brinson, Debbie Quinn. Absent: Bob Clark. Chairman Charles made an announcement that since the last meeting one of our members Larry Green had resigned due to moving out of the city limits. The minutes of the February 7, 2005 meeting were duly approved on motion By Debbie Quinn, 2 nd by Ed Brinson and unanimously carried. ZC04.11 Public Hearing to consider the request of the Daniel Corp. for a zoning change to a PUD conditioned on annexation for The Somerby of Fairhope(Generally located east of Scenic 98 south of Nelson and west of Heard Rd) Mr. Baker said that they are proposing to develop this on the Breland property that had been considered previously and that it contains 22.23 acres which they proposed to annex. It is a self-contained senior residential community and has come before the commission where it was denied, went to city council and now the council has remanded back to the Planning Commission with changes made by the Daniel Corp. Mr. Baker said they reduced the number of units and the building height has been lowered and they have moved the buildings out of the wetlands. No definite recommendation was made. John Gorecki of the Daniels Corp made a presentation outlining the changes from the last presentation and said he would be glad to answer questions. He was asked if this was a gated community and answered yes. The public hearing was opened and Fred Killion, Dick Lacey and Red Wilkins, Eileen Sledge, Tootles Dorgan, Carson Nicholson, spoke against citing violating neighborhood concept, drainage and filling wetlands, noise, traffic. Ruffin Graham of Roberts Bros. spoke saying he was the one that recommended the site, he was told to look for one in a neighborhood, he understands the sensitivity of environmental issues but the corps permit is in effect. Tim Kant and Dick Charles both commented that this was a wonderful plan but just the wrong location. Lee Turner spoke saying this doesn't become a part of the community, it is a commercial program going into an already mature neighborhood, this is not a case of it being there and something building around it. He therefore moved to recommend denial to the city council. Debbie Quinn 2nd the motion and it carried with 2 no votes by Jean Wilson and Ed Brinson. A motion was made at this time by Dan McCrory, 2nd by Ed Brinson, and unanimously carried to amend the agenda to hear ZC0S.10 Public hearing re-zoning request of Dr. Lynn Yonge from R2-Single Family to 82- General Business (Generally located on Young Street just south of Planning & Zoning Commission March 7, 2005 -Page Two Horn Lane) Mr. Baker said this building was bought by Dr. Yonge and renovated with the intention of housing Gulf Art Space. He told of Dr. Yonge going before the Board of Adjustments & Appeals to seek a Special Exception Use but was denied and then made the rezone application. He cited a letter from the City Attorney that said this was not spot zoning and recommended approval. The public hearing was opened and Sam Irby spoke representing Dr. Yonge. He went over the building's history and said it had been located at this site since 1906 and was used for the Prince Mason Society but had not been used since the lodge failed and they did not meet financial obligations. He cited the different uses around the property and said further that the building would be open three days a week for art display and art education. Dick Charles complimented Dr. Yonge for his efforts. The public hearing was opened and Calvin Hunt spoke saying he had a petition with 602 signatures from the community supporting this venture. The public hearing was closed and Lee Turned moved to recommend approval to the city council as per staff recommendation, Dan McCrory 2 nd the motion and it carried unanimously. Mayor Kant remarked that the Board of Adjustments and Appeals had acted as they should have, their function was to make sure the rules set out for the city are followed and Mr. Baker had also made the right recommendation. Sam Irby thanked Mr. Baker for his help and the job he had done in handling the case. _.,., -· ZC0S.06 Public hearing rezoning change from R1 Single Family to PUD with annexation being contingent for Pat Achee/The Waters(Generally located west of St. Hwy 181 and North of St Hwy 104) Mr. Baker said this property consists of 95 acres and is currently located out of the city and is proposed to be a low density single family project with 90 lots and two lakes. He said that there is a singular access point to St. Hwy 181 with decel and excel lane and have accounted for the proposed expansion of St. Hwy 181 .. In his comments he said that the development should provide another stub to the south somewhere between lots 74-82. He said they are requesting a waiver of paving to stub outs at this time. He recommended approval requiring the street tree and sidewalks requirements to be met at the time of preliminary plat and authorizing the Director of Planning & Zoning to determine the best location for the street ROW to the South. Robin Gregory, of Volkert & Associates, spoke and said that they object to the recommendation to add another connection point recommended as it would run straight into Ms. Corte's house. Jean Wilson suggested another stub out to the south maybe go to Hwy 104. Further discussion was held on the stub outs and paving of same. Joe Johnson spoke and said he was in Planning & Zoning Commission March 7, 2005 -Page Three favor of the project and knew one stub out ran to his property line. Jean Wilson moved to recommend approval to the city council of the PUD and permeable materials being used for stub out between lot 7 4-82 and work out location with Planning Department with the rest of stubs being paved as required. Dan McCrory 2 nd the motion and it carried unanimously. ZC05.07 Public hearing rezoning change from R1 Single Family non - conforming to PUD for Wendall Barnhill property(Generally located east of US Hwy 98 just North of Parker Road) Mr. Baker said this is 12.18 acre parcel of property currently used as a trailer park. That Mr. Barnhill is proposing to rezone the property, remove the trailers and develop a conventional single family subdivision. He recommended approval with a building height of 35 ft. The public hearing was opened and Russell Lomax Spoke for Mr. Barnhill saying they will have streets as per city standard and buffer zone. A 6 ft. privacy fence was suggested. A Sherry Nelson spoke and asked about the possibility of including her property in this as she had been approached. Mr. Baker told her if this was acquired before advertised and public hearing before the City Council it would be ok otherwise she would have to wait a year. The public hearing was closed with no further comment. Tim Kant moved to recommend approval to the city council with 35 ft. height limit. Ed Brinson 2nd the motion and it carried unanimously. ZC05.08 Public hearing rezoning request of Bethea Properties from 84 Business and Professional Office to 82 General Business(Generally located at 155 Bancroft St) Mr. Baker said this is located on the west side of North Bancroft Street and it is located mid-block between Oak and Pine St. in the Central Business District. He recommended approval. Richard and Barbara Casey spoke saying they plan to open an art shop in the bottom of the proposed building and have 3 studio condos that look like cottages also as part of this project. They said that it would be their residence and Ms. Casey said she will not hold classes but exhibit her work and that they are requesting the zoning change to preserve three treasured trees. The public hearing was opened and Dean Mosher. Dale Zelke, Pete Shakarowski and Randall Stabb spoke for the project. Further comments led to a motion by Ed Brinson to recommend approval to the city council. Jean Wilson 2 nd the motion. During comments Mayor Kant mentioned that the comprehensive plan is being reworked and that new verbage will address the zoning issue. Debbie Quinn said she liked the idea but could not support the B2 zoning. Motion carried with five yes votes, a no vote by Debbie Quinn and Lee Turner abstained. Planning & Zoning Commission March 7, 2005 -Page four SD0S.13 Preliminary Plat of Duck, Duck, Goose LLC for Summer Lake(Generally located south of Twin Beech Road north of Manly Road and east of Colony Place) Mr. Baker said this came before the commission previously as an informal review and the property is located outside the city but is adjacent to the city via Colony Place and contains 34.12 acres and they are proposing to create 61 lots. He recommended approval. John Avent, of EDS, spoke on behalf of the owners. He said they do plan to pave to the property lines and do plan to annex. A Robert Wayne spoke as property owner to the east asking to see the site plan and citing drainage problems now. He also requested a privacy fence be installed along the property line. Mr. Avent went over their plans for disbursing the water and Mr. Wayne was told that there would be no more runoff than what there now. Further discussion led to a motion by Tim Kant for approval as per staff recommendation and consideration of fence request, Ed Brinson seconded the motion and it carried unanimously. IF0S.01 Information reports on Subdivision Regulations and Water and Sewer Regulation Amendments. Mr. Baker said that next month he will be recommending some changes. Lee Turner moved to direct Mr. Baker to proceed and bring changes at April meeting. Ed Brinson 2 nd the motion. Debbie Quinn said she did not like the change in smaller number of trees proposed. Mayor Kant said this recommendation came from the Tree Committee. Motion carried with Debbie Quinn abstaining. At this time Debbie Quinn asked that the Commission to hear Kathy Byrd on a problem she is experiencing and can't get any relief from. Ms. Byrd said she lives on Mosely Road and cited Harold Thompson's development Pecan Ridge that was approved over five years ago as a continuing problem for her property, she continues to have washouts as a result of his subdivision . A Mrs. Carolyn Shelby also was present and said her property was also affected. They showed the commission pictures and cited incidences. Mr. Baker was asked about this and said that Mr. Thompson had not made final plat application and he had been out and talked to Ms. Shelby and Mr. Thompson. Further discussion led to Mayor Kant saying that this could be handled "in house" and the developer and engineer could be cited for problems, that the planning department would handle it. The meeting was duly adjourned at 7: 15 PM. ~ Richard N. Charles, Chairman ·~ fJ.~· 0a Ab Betty venbark, Secretary