HomeMy WebLinkAbout06-06-2005 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday,
June 6, 2005 at 5:00 PM in the Council Chambers of the City Municipal
Building, 161 N. Section Street
Present: Jean Wilson, Vice Chairman; Dan McCrory, Bob Clark, Gary
Moore, Lee Turner, Ed Brinson, Debbie Quinn. Christopher Baker, Director
of Planning & Zoning, Summer Woodson, Asst. Planner, Betty Rivenbark,
Secretary. Absent: Dick Charles, Tim Kant
The minutes of the May 2, 2005 meeting were duly considered and
approved on motion by Gary Moore 2nd by Ed Brinson and unanimously
carried.
ZC05.11 Public hearing to consider an 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. Christopher Baker said this was discussed at the May
meeting and the commission asked that he add provision that residential
use make up at least 33% of the total area of the building and be located on
the 2nd or 3rd floor and retail or office space must be located on the ground
or/second floor. Staff recommendation was to approve. The public hearing
was opened and Leon Chambers spoke saying he wanted to go on record
as being opposed as this ordinance will apply to Callahan building which is
being renovated and would affect Stack’s Gulley and that the gulley does
not need the additional runoff that this would cause. The public hearing was
closed with no further comment. Debbie Quinn also said she was opposed
because this would have a 35’ building backing up to residential
neighborhood that there should be some type of buffer zone. Bob Clark
moved to accept staff recommendation and recommend to city council.
Ed Brinson 2nd the motion and it passed with one no vote by Debbie Quinn.
SD05.26 Final Plat approval of Ellington Place(Generally located north of
Windmill Road just east of Jackson Place) Mr. Baker said this is a 3 acre
parcel with 11 lots with frontage on Windmill Road and that the main issue
in question was drainage and that he and Tommy Long had met with the.
engineer on several occasions. He mentioned that there is still a question at
the northeast corner of the property as the water is still not going as it
should. He recommended carrying over 30 days to correct this. Plans called
for a detention pond which has been created at the southeast corner and the
outfall has been constructed and a pipe installed that flows east toward 181.
There is also a swale ditch that has been created on the eastern property
line as well as lot grading plan being adhered to. Ack Moore spoke for Mr.
Tillman and gave a hand out to the commission members mentioning that
the pond was not complete at the time of the 16” rain in April. He said he
was out there 3 times today during rain and in all cases the detention pond
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June 6, 2005 -Page Two
was only ½ full. There is ample water storage for 100 year storm. Jean
Wilson commented that they had done a lot of work on the areas of concern
but the north side of the property is still an area of concern. Mr. Moore said
the commission could give approval subject to correcting this area. Mr.
Brinson said he was out there today and he saw the grass at the north side
of the property being washed away. He moved to hold this over for 30 days
to give them time to correct the situation as recommended by
Mr. Baker. Ms. Quinn said she wished to commend Mr. Tillman for all he
had done. Mr. Baker said also in talking with them today they said they
would agree to require gutter downspouts to face the street and no fencing
be allowed on the drainage easements. Motion carried with two no votes by
Dan McCrory and Lee Turner.
SD05.28 Final Plat approval of Pecan Ridge Estates(Generally located
south of Mosley Rd and East of Cty Rd 13) Mr. Baker said Harold
Thompson is the developer of this 12.49 acre parcel of property with 27 lots
that was annexed into the city and is zoned R2 Single Family. The
preliminary plat was approved several years ago before the new subdivision
regulations. It does not meet the new requirements but it is in substantial
conformance to the preliminary plat. He went on to say the major issue has
been drainage and several adjacent owners have been before the
commission previously with concerns. He said further that the engineer by
signing the plat will certify that the drainage is in conformance with his
design and E+O insurance has been provided. His recommendation was to
approve subject to reviewing the drainage system during the 2 year warranty
period and if any improvements or modifications are required by the city that
they be implemented and require that the landscape be implemented before
the final plat is signed. Charlie Bassett spoke for Mr. Thompson and said
that drainage and erosion photos had been taken during construction and
that they still have erosion issues but they have established grass, put sod
down and that ADEM makes regular stops. That they are addressing the
issues and truthfully they have over designed and over built; they never
intended to stop the water backing up at Mosley Road as it is a natural water
flow. He said that the current calculations meet today’s regulations and it
was designed to handle a 100 year storm. Mrs. Shelby, an adjoining
neighbor who had come up before about water issues, was present and said
one of the lots empties into the middle of her back yard. She had pictures
showing her property and the pipes and asked how something like this could
have been approved. Mr. Bassett responded and told of all the things they
had done at Mrs. Shelby’s request to handle the pipe situation, putting in
rocks, rip rap and bars, and plantings, that her land was in the drainage
basin. Ed Brinson asked if everything had been done that had been asked of
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June 6, 2005 – Page Three
the developer and engineer and the answer was yes. Ed Brinson moved to
accept staff recommendation. The motion died for a lack of a second.
Further discussion followed and staff also recommended that finished lot
elevations be required on the lots on the east side of Pecan Ridge Blvd.
Charlie Bassett said that the owner is willing to do this and clean-out the
sediment in drainage pipes and put 5 ft of sod grass along the trot area as
asked. Mr. Thompson also said he would fill the holes. Jean Wilson asked if
the landscaping had been done and Mr. Thompson said yes, today, and we
could make all of these provisions subject to plat approval that he also plans
to go ahead and put the sidewalk in now so he won’t have to dig up the area
again. Dan McCrory moved to give final approval as per staff
recommendation, require lot elevations on the east side of Pecan Blvd,
require the owner to fill the holes and put down sod, do landscaping, and
clean out the sediment in the basin before the final plat is signed. Ed
Brinson 2nd the motion and it carried unanimously.
SD05.30 Preliminary Plat approval of Pelican Park Subdivision Phase II
(Generally located north of Baldwin County Highway 1 and west of Mary
Ann Beach Road) Summer Woodson said that the property is located
outside the city and contains approximately 6.52 acres and is zoned through
Baldwin County as R-2(a) Single Family District and they are proposing to
create an 11 lot subdivision. Staff recommendation was to approve. Brad
Peacock of Orion Engineering was present representing Eagle River
Retreat. Dan McCrory said the sewer specs have been submitted. Mr.
Peacock said the retention pond was sized for the entire area and the lots
will drain to the street. Lee Turner moved to accept staff recommendation
Ed Brinson 2nd the motion and it carried unanimously.
SD05.31 Preliminary Plat of Water Oaks(Generally located north of Twin
Beech Road just east of Point Clear Court) Mr. Baker said the property
contains approximately 9.1 acres and they are proposing to create 16 lots.
He mentioned that the drainage runs behind the property emptying in a pond
on the west boundary and that the commission has consistently had issues
with allowing ponds behind homes. His recommendation was to approve
subject to redesign of the pond structure so it is not located behind the lots.
Scott Hutchison was representing GOB Holding, LLC. And said that the 30
feet behind the homes was comfortable but knowing how the commission
feels is offering Plan B which would allow 2 detention ponds, one at the
north end and one at the south end. He said he would let the commission
choose. Further discussion led to Lee Turner moving to accept Plan B with
staff recommendation. Ed Brinson 2nd the motion and it carried with one
abstention by Gary Moore.
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Page Four – June 6, 2005
SD05.32 Final Plat Approval of Hollowbrook Phase 2(Generally located
west of State Hwy 181 South of 104. Mr. Baker said this phase contains
15.7 lots and is creating 45 lots. He had recommended approval but went
on to say that he had a call from a Larry Davidson on his answering
machine this afternoon and Mr. Davidson had questions about the outfall on
the south side of the property that had not been answered, and he had
called EDS and talked to Jason at least 3 weeks ago and asked them to get
with Mr. Davidson. Since they have not he was recommending holding over
for 30 days to get the questions answered. John Avent said he thought he
could answer any questions that he might have and requested we not hold it
over. Further discussion led to a motion by Gary Moore to hold any action
over for 30 days, Debbie Quinn 2nd the motion and it passed with three no
votes by Dan McCrory, Ed Brinson and Lee Turner. A Tina McGow
mentioned she had submitted a letter regarding this and it was turned in to
the Building Department.
SR05.02 Site Plan Review of Rock Creek PUD-Lot 178C. The site is
located on Rock Creek Parkway and is adjacent to the Rock Creek Sales
Office. Summer Woodson said they are proposing a two story professional
office building. The recommendation was to approve providing the building
use, size and height comply with Ordinance No. 1103. John Avent of EDS
was representing Corte and Brindley, LLC. Debbie Quinn questioned the
twenty parking spaces shown on the plat . She asked it they were
necessary. The ordinance requires 13. Trey Corte said they don’t have to
have 20. John Avent suggested a compromise, reduce by 4 parking spaces
and landscape the middle. This was acceptable to the commission. Lee
Turner moved to approve staff recommendation with reduction of four
parking spaces. Motion carried unanimously.
There being no further business, meeting was duly adjourned at 6:30 PM.
_______________________ ____________________
Jean Wilson, Vice Chairman Betty Rivenbark, Secretary