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HomeMy WebLinkAbout05-02-2005 Planning Commission MinutesThe Planning & Zoning Commission met Monday, May 2, 2005 at 5:00 PM at the Fairhope Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Richard N. Charles, Chairman; Timothy Kant, Dan McCrory, Bob Clark, Gary Moore, Jean Wilson, Lee Turner, Ed Brinson, Debbie Quinn Summer Woodson, Planner, Betty Rivenbark, Secretary Absent: Christopher Baker, Director of Planning & Zoning The minutes of the April 4, 2005 meeting were considered and approved on motion by Bob Clark, 2" d by Ed Brinson and unanimously carried. ZC05.03 Public hearing rezoning request of Craig Dyas from R3PGH Patio Garden Homes to a Planned Unit Development (located North of Rock Creek South of Montrose Woods) Mr. Charles said there were two questions that would have to be answered before this could be considered: 1. What would the access to this property be and 2. Would the State approve another curb cut. Mr. Dyas was not present at the meeting so this was not considered. ZC05.09 Public hearing rezoning request of Peter Sikorowski from B-4 Business and Professional Office to B-2 General Business(located at 151 N. Bancroft Street) Ms. Woodson read the comments and said Mr. Sikorowski has said that he plans to have multi family only. Staff recommendation was to approve. Mr. Sikorowski represented himself and said he planned a multi -family residential development only. He handed out a schematic design showing three single family units with 2600 sq. feet 2'/2 stories high, 35 feet. He said the setbacks are what required in the Central Business District. The public hearing was opened and closed with no comments. Discussion followed and Ms. Wilson said she did not see special reason to rezone to B2. Mr. Sikorowski was asked if he could not develop under B4 and said no, it would not be feasible the setback lines would take away too much space. Further discussion followed on pros/cons of B4 vs B2 in this area and a motion was made by Debbie Quinn to recommend approval to City Council with 30 foot height, Ed Brinson 2" d the motion. It was pointed out that height would be determined at site plan review not rezoning, the motion was amended to say recommend to city council as presented by Ms. Quinn, with amended 2"d by Mr. Brinson and motion carried with the following vote: For: Tim Kant, Dan McCrory, Bob Clark, Dick Charles, Ed Brinson, Debbie Quinn. Against motion: Jean Wilson, Gary Moore, Abstain: Lee Turner. ZC05-11 Public hearing amendment to the City of Fairhope Zoning Ordinance to allow a building height of 35' if located in a commercial zone and contains both residential and retail and/or office space. Ms. Woodson presented this to the commission. Staff recommendation was to Planning & Zoning Commission Page Two — May 2, 2005 approve. The public hearing was opened and closed with no comment. Discussion followed by the commission with questions regarding the language in the proposed ordinance, several said we need to clarify it, that itisopenended. Discussion followed and it was asked should it lie over. Mayor Kant said it could be introduced and moved to do so. Ed Brinson 2nd the motion. Debbie Quinn said she was against the proposed 35 feet height abutting residential neighborhood. Following discussion motion carried unanimously to introduce but it will lie over for clarification on language. SD05-15 Preliminary Plat of Sedgefield request of Leslie Stejskal(Generally located north of Cty Rd 44 and west of Cty Rd 13) Ms. Woodson said John Avent of EDS, is representing Mr. Stejskal. Staff recommendation was to approve. This was carried over from the last meeting as we had asked for another engineering firm to confirm drainage design as presented. HMR did the drainage study and confirmed what presented by EDS by a letter. Mr. Avent said there is a 15 foot dedicated drainage easement on the rear of the property and it is noted on the plat, that the elevation of the lots was questioned and that they have noted on the plat an 18" elevation requirement above center of lot, and on lots 19 and 49 which require filling they have required 24" elevation and also noted the 40 ft. setback requirement to lots abutting Highway 13 for possible future decel lane. Bob Clark moved to untable this, Dan McCrory 2nd and motion carried unanimously. Mr. Avent said Barbara Brewster, an adjoining property owner was present, and he assured her that requirements said no more runoff would be allowed on her property than pre -development. Further discussion led to a motion by Jean Wilson to approve preliminary plat, DanMcCrory2ndthemotionanditcarriedunanimously. SD05-20 Preliminary and Final Approval of Hidden Creek Estates(Generally located north of County Road 48 and West of CountyRoad9) Ms. Woodson said this a 14 acre parcel of property located in the county that they wish to divide into 25 lots. Staff recommendation was to approve with the building setback line being the wetland easement on lots 4, 5, 6, 11 and 12. Vince LaCoste was representing Mr. Wilson. Jean Wilson said she thinks that the lot line should end at the wetlands, not be included in the lots. Mr. Kant said that this is something we should consider changing our subdivision regulations to say but could not tell the developer after the fact and that this is located in the county but is definitely a good suggestion and needs to be looked into, change our regulations to reflect this. Further discussion led to Lee Turner moving to accept staff recommendation, Ed Brinson 2nd the motion and it carried unanimously. Planning & Zoning Commission Page Three May 2, 2005 SD05-24 Minor Subdivision of Lance Hill, The Stray Dog(Generally located at 358 S. Greeno Rd). Ms. Woodson said this request is for preliminary and final approval and they are proposing to divide one lot into two. Staff recommendation was to approve. Lee Turner moved to approve as presented, Ed Brinson 2"d the motion and it carried unanimously. SD05.25 Final Plat approval of Enviroplex, land of Emalyn Johnson(Generally located at 19059 Greeno Rd) Ms. Woodson said in her review that this property is located in an unzoned area of Baldwin County. Matt Kountz, of GEO Surveying, was representing Mrs. Johnson. He said lot 2 will access Greeno Road by a common drive. A question was asked about this property abutting a residential area and what about setbacks some residents had come up when it was previously discussed. It was determined that this is something that we want Christopher Baker to look into. Ms. Woodson said she knew that some residents did come and talk with Mr. Baker about this. Lee Turner moved to grant final plat approval as recommended. Ed Brinson 2"d the motion and it carried unanimously. SD05.27 Final Plat approval of Quail Creek Joint Venture of Quail Creek Villas Phase 5(Generally located east of State Hwy 181 and South of Clubhouse Drive) Ms. Woodson said this contains 3.34 acres of land and 15 lots will be created. Staff recommendation was to approve, but before the plat is signed that the video be provided, a bond be posted for the sidewalks, that the street lights be approved by both the electric department and planning department, and digital as builts be provided. Summer also said an inspection was made Monday morning. Mr. McCrory was asked if he had a TV film of the sewer line and he said yes. Tim Kant moved for approval subject to all the things listed by the planning department above being completed before the plat is signed. Lee Turner 2" the motion and it carried unanimously. Chairman Charles called for a consent agenda for the next two items so they could be considered together. Debbie Quinn so moved, Ed Brinson 2" d the motion and it carried unanimously. SD05.34 Public hearing to consider an amendment to the City of Fairhope Standard Specifications for construction of Sanitary Sewer Facilities — Water Main Pipe Size. And W Planning & Zoning Commission Page Four — May 2, 2005 SD05.35 Public hearing to consider an Amendment to the City of Fairhope Standard Specifications for Construction of Sanitary Sewer Facilities -Design Criteria. Dan McCrory said that SD05.34 would require a minimum size water main pipe of six inches for subdivisions and SD05.35 would put all engineers on the same page, use same requirements for all subdivisions, not leave up to them but spell it out. Staff recommendation was to approve. The public hearing was opened and closed with no comment. Lee Turner moved to approve Ed Brinson 2"d the motion and it carried unanimously. ZC05.12 Public hearing to consider the Adoption of the Recodified Zoning Ordinance and Map. Ms. Woodson said that staff had been working for some time on recodifying the Zoning Ordinance and it will now be posted on the internet and is in digital form. Approval was recommended. The public hearing was opened and closed with no comment. Lee Turner moved to approve, Dan McCrory 2" d the motion and it carried unanimously. A Hiram Johnson of Fairfield Subdivision was present to talk about the flooding of his and other residents property in Fairfield during the last two storms. He said that Fairfield pond is a collector pond for at least 6-7 other subdivisions and there is a sense of urgency that this needs to be corrected now. It is worse than it was four years ago. Mayor Kant told him we are receiving more water than what originally designed for and we are in the process of evaluating all systems and making a list to present to the council Mr. Johnson said again that there is a sense of urgency about this and he does not know if we have time to go through the steps Mayor Kant outlined. The meeting was duly adjourned at 6:15 PM r-- R.N. harles, Chairman Betty R' enbark, Secretary