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HomeMy WebLinkAbout10-03-2005 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, October 3, 2005, at 5:00 PM at the City Administration Building 161 N. Section Street in the Council Chambers Present: Richard N. Charles, Chairman; Dan McCrory, Bob Clark, Gary Moore, Jean Wilson, Ed Brinson, Lee Turner, Dan Stankoski, Tim Kant. Barry Fulford, Building, Inspector, Kelly Chastain, Permit Technician, Betty Rivenbark, Secretary Absent: none Chairman Charles opened the meeting and said anyone who was present expecting any discussion on the Farmers Market property at Hwy 181 and Fairhope Avenue nothing had been presented and it would not be discussed tonight. He said he heard that someone wanted to present a package regarding this. Dean Mosher presented the package saying he represented a group "A Fairhope of Success" and had a petition with 1227 signatures against Wal-Mart locating in Fairhope. He said that a mega store such as Wal Mart would have a deadly effect on the retail community and it would start a chain reaction and destroy the community. He told of several issues that the group was interested in stronger storm water retention and run off standards based on square footage. Stronger maximum parking area protection taking into account pervious parking surfaces based on square footage. Stronger setback and buffer zones based on square footage. Stronger infrastructure impact standards based on square footage. Dick Charles responded he is also serving on a Bluewater Committee that was formed by the Mayor and they had the same concerns. No further discussion was held. The minutes of the September meeting were considered and approved as written on motion by Lee Turner, 2nd by Ed Brinson and carried with 3 abstentions by Gary Moore, Jean Wilson and Dan McCrory. ZC0S.15 Public hearing rezone request of Fairfield, LLC from R-3 High Density Single Family to PUD Planned Unit Development( Generally located at the northeast corner of Twin Beech Road and Boothe Road) Barry Fulford read the recommendation from the building department and said that Scott Hutchinson is representing Fairfield Financial, LLC in this request. A second opinion was asked for from Thompson Engineering and it was not in the package of information presented. Scott Hutchinson of HMR was present and said he had a copy of the Thompson Engineering report and offered to retrieve it from his office. Mr. Charles said we would give him time to go get it. Eric Cortinas of Fairfield, LLC asked if we could not hear it since all the adjoining residents had been contacted and make a decision tonight pending letter from Thompson. Mr. Charles said everything else was all right the drainage and letter from Thompson is the only issue. Plannning & Zoning Commission October 3, 2005 -Page Two ZC0S.19 Public hearing rezone request of Dorothy W. Givens from RA Residential to R1-Single Family Residential for her property located at 19853 State Highway 181. Barry Fulford said this is approximately 6.68 acres and Ms. Givens is giving her son a piece of property that will fit the R 1 requirement. Staff recommendation was to approve. Mr. Charles opened and closed the public hearing with no comment. Lee Turner moved to recommend approval to the city council as per staff recommendation. Ed Brinson 2 nd the motion and it carried unanimously. ZC0S.20 Public hearing to rezone property from R-1 Single Family Residential to R-5 Multi-Family Residential request of Gateway Construction Corporation (Generally located at 8174 Gayfer Road) Barry Fulford gave the staff report and said they are proposing to build a 62 unit condominium development and connectivity is available to Rosa Acres. The public hearing was opened and Margaret McKenna , Beverly Snider David Jones and Ronnie Marshall spoke and did not want connectivity, wanted a fence erected along the property line and questioned drainage plans. They said if possible they would rather have R4 zoning. It was explained that since it was advertised as R5 they would have to go ahead with this or withdraw and resubmit. Tommy Ward of Gateway spoke saying he had a meeting with the neighbors and drainage is a high concern of theirs also. He said if they can fit 62 condo units in R-4 he has no problem with going for it. It was determined it could not be done without a resubmittal, the public hearing was closed. Ed Brinson moved to recommend R-5 zoning request to the city council. Lee Turner 2nd the motion and the vote was for zoning change: Ed Brinson, Lee Turner, Dan McCrory, Dick Charles. against zoning change: Tim Kant, Bob Clark, Jean Wilson, Dan Stankoski, Gary Moore. Motion did not carry, denial will be recommended to the City Council. ZC0S.21 Public hearing to amend the previously approved Huntington PUD request of Hutchinson, Moore & Rauch, LLC(Generally located at the northwest corner of Old Battles Road and US Highway 98) Barry said Riverbrooke Capital Partners has purchased the land and they are decreasing the number of lots from 540 to 290 and Phase 1 was purchased by Adams Homes which includes 97 of the original lots. He said this contains some 138.08 acres. Staff recommendation was to approve amendment as presented. Scott Hutchinson spoke saying the decrease will make it a lot more attractive and more greenspace. Dick Charles said the road design is much improved. The public hearing was opened and Eddie Hall spoke citing water runoff, Mark Davis said he had the same comments, Planning & Zoning Commission October 3, 2005 -Page Three Bobby Davis said the elevations are wrong and Bubba Cametti cited problems on the south side. He also said they took down a fence on his property line and ran the sewer line along there on his property. Bob Bendik also spoke on water problems. Scott Hutchinson said he just heard of some of these problems tonight. Bob Clark questioned possibly delaying until some of these questions answered, Jean Wilson said the PUD is much improved and they will have to come back before us at least two more times. The public hearing was closed. A motion was made by Lee Turner to approve as per staff recommendation, seconded by Jean Wilson. The Mayor said he would like to add the FFE requirement to be placed on the final plat of the PUD and not flood their neighbors, and asked if they would amend their motion and second to include this. They agreed to do so. Scott said he will fix their problems. Motion carried with one abstention by Gary Moore. Ed Brinson left at 6:00 PM ZC0S.22 Public hearing rezone request from R1 Low Density Single Family to R4 Low Density Multi-family Residential request of Fairhope Trailer Court(Generally located on the east side of Greeno Road just north of Volanta Avenue) Barry said this property contains approximately 3.57 acres and that the Auburn property is to the east and is unzoned and the City Park is across the road. Approval was recommended. The public hearing was opened and Joe Verhoestra said he had no objection to what proposed. The public hearing was closed. Lee Turner moved to recommend approval to the city council. Dan McCrory 2 nd the motion and it carried unanimously. ZC0S.23 was withdrawn ZC0S.15 Fairfield, LLC(continued from above) A letter was presented from Thompson Engineering that was dated September 28, 2005. Staff recommendation was to approve provided Thompson Engineering agreed with calculations already supplied by Hutchinson Moore and Rauch. Tim Kant moved to recommend approval based on second letter from Thompson and that FFE elevations will be included and taken care of by the engineer. Dan McCrory 2 nd the motion and it carried with one abstention by Gary Moore. SD0S.54 Minor Subdivision approval Habitat for Humanity (Generally located on Spring Run Drive just west of Northchase Court) Barry said the property is currently zoned 84 and is contingent on the property being rezoned to R-3. They are proposing to create two lots. Staff recommendation was to approve providing the drainage plan is updated to Planning & Zoning Commission October 3, 2005 -Page Four show how storm water will be moved to the drainage swale along the western border of the lots. It was noted the sidewalks were installed as directed. Mike Warrington of BES spoke and said he had submitted the paperwork to Summer last week that the flow is natural to the west and went on to explain how they will handle it. Tim Kant moved to approve subject to the drainage being turned and no building permit being issued and FFE's on plat. Gary Moore 2nd the motion and it carried unanimously. 5D05.61 Preliminary Plat approval of Cedar Grove Estates (Generally located at the northeast corner of State Highway 181 and County Road 24) Barry Fulford said the property is located outside the city and is not zoned and contains approximately 20.63 acres and they are proposing to create 13 lots. Recommendation was to approve provided the ROW showing shared access of the two commercial lots being placed on the plat. Charlie Bassett was representing James Walther and said they had no problem with the shared access. He said they plan to keep drainage going the way it naturally flows. Tim Kant moved to approve, Dan McCrory 2 nd and motion carried unanimously. 5D05.62 Minor subdivision, The Fields, Alex Fields owner(Generally located on the west side of Cty Rd 33 just south of Red Barn Road) Seth Moore was representing Mr. Fields. Barry said this is located outside the city limits and is not zoned. Staff recommendation was to deny since drainage plans and required documentation from the county had not been submitted by cutoff date. It was also noted that a fire hydrant needed to be put on the northern end of the property no more than 450' from an existing one. Mr. Moore said there is natural drainage easement that runs along the rear. Jean Wilson said we have discouraged drainage easements along the rear of the property in the past because of maintenance and we need to be consistent. Seth said the restrictive covenants would say each owner is responsible for their own property. Lee said in the past we have put in common areas and not filled it in. Seth said Mr. Fields would put in a common area. Bob Clark said that there seems to be several things that need to be worked out and moved to table for 30 days. Dan McCrory 2 nd the motion. Seth Moore said they would waive the 30 day requirement as it is actually going to run 34 days. Motion carried unanimously. 5D05.63 Minor subdivision, Bay Island, a request of Bahama Builders (Generally located in the triangle bound by Scenic Hwy 98, County Road 1 and Sunset Road) Seth Moore was representing the owners. Barry said the property is located outside the city and is zoned by the county R1A and contains approximately 1.31 acres and they are proposing to create 4 lots. Planning & Zoning Commission October 3, 2005 -Page Five Double frontage lots are not allowed in our subdivision regulations however, the location of this piece of property makes double fronted lots unavoidable. There should be a note on the plat that states fences are not be constructed in or on the line of the 1 O' buffer zone and common area. It was recommended another fire hydrant be put in on the northern end of the property no more than 450' from an existing one. Staff recommendation was denial as the required documentation from Baldwin County has not been provided and the drainage plans are not complete. Mr. Moore said the lots would not access Scenic Hwy 98. Discussion followed and a motion was made by Dan Stankoski to approve contin~ent upon receipt of the letter from the county approving this. Jean Wilson 2n the motion and it carried unanimously. 5D05.64 Minor subdivision of Gonzales Family Subdivision, (Generally located on the west side of Scenic 98 just north of Section Street) Barry said the property is inside the city and is zoned R 1 and contains 2.80 acres and they are proposing to create 2 lots. Staff recommendation was to approve.Tim Kant moved to approve as requested, Bob Clark 2 nd the motion and it carried unanimously. 5D05.65 Preliminary Plat Approval of Copper Key, ARK Builders (Generally located on the south side of Lawrence Road just east of Quail Creek Estates) Barry said this is located outside the city and is not zoned and contains 13.04 acres and they are proposing to create 19 lots. Staff recommendation was to approve. John Avent was representing the owners. He said that there are some things they need to work out and requested this be tabled for 30 days and they would waive the extra 4 days. Dan McCrory moved to table as per the engineer's request. Lee Turner 2 nd the motion and it carried unanimously. 5D05.66 Final Plat approval of Edington Place, Phase II (Generally located on the south side of Morphy Avenue just east of County Rd 13) Barry said EDS is representing BA-101, LLC in this and the property is located inside of the city and contains some 21.36 acres and the final plat consists of 48 lots. Staff recommendation was to approve as requested. Discussion let to a motion by Tim Kant to approve as recommended, Bob Clark 2 nd and motion carried unanimously. IR0S.09 Request of the City to amend the subdivision regulations to require Finished Floor Elevations on lots in new subdivisions. Barry said this is an informal review and if this is what the Commission wants the amendment will be voted on at the November meeting. Discussion followed Planning & Zoning Commission October 3, 2005 -Page Six and it was decided the language needed to be reworked and presented again at the November meeting. An election of officers was held and Jean Wilson said after polling the members it was recommended that Dick Charles continue as Chairman and Jean Wilson as Vice Chairman and so moved Dan McCrory 2 nd the motion and it carried with two abstentions by Mr. Charles and Mrs. Wilson. Meeting was duly adjourned at 7:00 PM.