HomeMy WebLinkAbout09-06-2005 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Tuesday,
September 6, 2005 at 5:00 PM at the City Administration Building, 161 N.
Section Street.
Present: Richard N. Charles, Chairman; Bob Clark, Lee Turner, Ed Brinson,
Dan Stankoski, Tim Kant, Christopher Baker, Director of Planning & Zoning,
Summer Woodson, Asst. Planner, Betty Rivenbark, Secretary. Absent:
Dan McCrory, Jean Wilson, Gary Moore.
A motion was made by Bob Clark, 2"
d by Ed Brinson to consider items
H, I, J, K , a request of the Fairhope Gas Department as consent agenda
items. Motion carried unanimously.
The minutes of the August 1, 2005 meeting were duly approved as
presented on motion by Ed Brinson, 2"d by Lee Turner. Bob Clark
abstained.
ZC05.07 Public hearing Rezoning request of Wendell Barnhill from R1-
Single Family Non Conforming to PUD Planned Unit
Development(Generally located east of US Hwy 98 just north of Parker
Road) Mr. Baker said this is a 12.18 acre parcel of property that is currently
used as a trailer park. The property was annexed into the city after the
trailer park was established thus it is non -conforming, zoned R-1. Mr.
Barnhill wants to remove the trailers and develop a single family
conventional subdivision. The application came before the commission
before and was approved but they are now presenting a revised layout. He
recommended approval of rezoning with 30 ft. height requirement.
Russell Lomax spoke on behalf of the applicant. The public hearing was
opened and closed with no comments. A motion was made by Ed Brinson
to accept staff recommendation and recommend approval to the City
Council. Bob Clark 2"
d the motion and it carried unanimously.
ZC05.17 Public hearing Rezoning request of Habitat for Humanity of
Baldwin County from B-4 Business Office and Professional Services to
R-3 Single Family Residential (Generally located on Spring Run Drive just
west of Northchase Court) Summer Woodson said they wish to subdivide
the 100 ft wide by 187 ft deep property into two lots and build two single
family dwellings. Approval was recommended. Pete Randa, Executive
Director of Habitat for Humanity of Baldwin County spoke telling what
planned. The public hearing was opened and Tonya Neil and Janet Smith
spoke saying it would increase problems in the neighborhood and decrease
value of homes and questioned what this would mean to future requests if
granted. Mr. Randa said there was a misconception, that these homes will
be sold and they owner are employed by the county, this is not Section 8
housing.
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Ms Woodson said she also had a letter from Kenny Hanak objecting to
rezone for this purpose. The public hearing was closed. A motion was
made by Ed Brinson, 2"
d by Lee Turner to accept staff recommendation and
recommend approval to the City Council. Motion carried unanimously.
Mayor Kant arrived at 5:15 PM.
ZC05.18 Public Hearing to consider rezone request from R-1 Single
Family Residential to R-2 Single Family Residential by Song Grove
Development LLC(Generally located south of Nichols Avenue and East of
Boothe Road) Summer Woodson said HMR is representing Song Grove
Development in this request contingent on annexation into the City. Mr.
Baker said that by rezoning this would make all records correct and the lot
sizes and setbacks are in conformance with R2. Staff recommendation was
to approve. The public hearing was opened and closed with no comments.
Bob Clark asked about drainage and was told a second opinion was sought
and received on this and there are no drainage issued. It was asked if
rezoning would make a difference and Chris Baker said no this is just
cleaning up the records, no additional homes. Ed Brinson moved to accept
staff recommendation and recommend approval to City Council. Lee Turner
2"d the motion and it carried unanimously.
SD05.48 Minor Subdivision of Faith Subdivision (Generally located on
Bellangee Street) Steve Dunnam represented the property owner. Mr.
Baker said this is one large lot that is zoned R2 and they wish to divide into
two lots. He said there is one lot on the property now and the property is
large enough to accomplish request but there is an encroachment and a
note will be on the plat that no permits, other than demo or house moving
Shall not be issued until the encroachment is removed. Staff
recommendation was to approve with the note on the plat regarding the
encroachment and requiring a drainage study before plat signature.
Steve Dunnam said there is a large thick area with trees and vegetation and
proposed second dwelling will not drain on adjoining property. Further
discussion led to a motion by Lee Turner to approve as per staff
recommendation, Ed Brinson 2"d the motion and it carried with one
abstention by Dan Stankoski.
SD05.53 Minor Subdivision Herndon Place subdivision, request of
Peter Herndon(Generally located at the southwest corner of County Road
32 and County Road 3) Summer Woodson said this property is located
outside the city and contains approximately nine acres. That Mr. Herndon
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Page Three — September 6, 2005
is proposing to create an 8 lot subdivision and lots 1,2,3, 5-9 have houses
on them now. Staff recommendation was to approve with installation of fire
hydrant within 450 ft of the subdivision on Provencher Road. Bob Clark
moved to approve as per staff recommendation with installation of fire
hydrant, Lee Turner 2"d the motion and it carried unanimously.
SD05.54 Minor subdivision of Habitat One, Habitat for Humanity of
Baldwin County(Generally located near the northwest corner of Spring Run
Drive and Northchase Court)Summer Woodson said this is application that
we considered earlier and a drainage study is being done. Further
discussion led to a motion by Bob Clark to table for 30 days until we get
drainage study. Dan Stankoski 2"d the motion. The motion was amended
by Mr. Clark to include installation of a sidewalk when approved. Mr.
Stankoski amended his 2"d to include this. Motion carried unanimously.
SD05.56 Preliminary Plat approval of the Cottages, Point Clear
Development Company. (Generally located on the south side of Battles
Road west of Section Street) Summer Woodson said this is 11.26 acres that
is not located in the City and is not zoned and a condominium development
is proposed, Phase II of The Cottages at Point Clear. It came before the
commission as an informal review and will have private streets, gates, and
fences. She also said a yelper will be installed for the fire department. Staff
recommendation was to approve with note placed on the plat that the City of
Fairhope is not responsible for street maintenance if annexed into the City.
A motion was made by Tim Kant to approve as per staff recommendation
with note on plat regarding streets. Ed Brinson 2"d the motion and it carried
unanimously.
SD05.57 SD05.58, SD05.59 SD05.60 Fairhope Gas Department for an
11-52-11 Review of Proposed gas main extension on County Rd 3, US
Hwy 98, Highway 104, Cty Rd 32. These were taken as one and acted on
under consent agenda, Lee Turner moved to approve, Ed Brinson 2"d the
motion and it carried unanimously.
IR05.07 Clarification of Parking Requirements Mr. Baker said the
Parking Requirements are silent regarding an over/under structure and BES
Engineering is proposing to build one and clarification is being sought
regarding this. Walt Bolton came forward and told of restoring the old house
on Fels Avenue and its historical significance to the town. He told of the
parking problems he has incurred as a result of his employees and growth in
the business. He explained the over/under structure proposed but asked
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Page Four — September 6, 2005
about the use of public parking and would that relate to his business and
count as parking space. Discussion led to him being told public parking was
allowed to be used and count. Discussion followed on visibility and
aesthetics of such a structure and did Fairhope want to go down this road.
Mr. Bolton said we had answered his question and he would not pursue
this structure any further. It was determined that this needed to come back
later for discussion, not wish to get into tonight.
IR05.08 Clarification on Non -Conforming Structures Barry Fulford
spoke to the Commission saying he needed clarification on matter of intent
on old homes being torn down. Give staff direction and clean up language.
The commission decided if it is a voluntary act they need to meet new
setbacks to build again. It was recommended staff put together some
language and bring to Planning Commission by next meeting.
Christopher Baker also mentioned that he had talked to Joe Gordy and told
him he could make a presentation to the Commission at this meeting
regarding a cellular tower he wishes to install at the American Legion on the
bluff. He had told him it did not meet our ordinance and recommended
installing this equipment in the bell tower of the Presbyterian church. Mr.
Gordy was not present. Mayor Kant said he had told Mr. Gordy to come
make a presentation, that reception is horrible in this area and there are
many complaints.
A Tommy Ward with Gateway Const. spoke regarding a proposed
condo/townhome development on Gayfer Avenue Extension. Mr. Baker
said this is scheduled for October meeting. This will be behind Craig Dyas
property and backs up to Rosa Acres.
Meeting was duly adjourned at 6:30 PM
R. N. harles, Chairman Betty ivenbark, Secretary