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HomeMy WebLinkAbout01-03-2006 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, January 3, 2006, at 5:00 PM, in the Council Room at the Fairhope Administration Building, 161 N. Section Street. Present: Richard Charles, Chairman; Tim Kant, Bob Clark, Gary Moore, Jean Wilson, Lee Turner, Ed Brinson, Dan Stankoski. Summer Woodson, Asst Planning Director, Betty Rivenbark, Secretary. Absent: Dan McCrory The minutes of the December 5, 2005 meeting were approved as amended with one correction noted on motion by Gary Moore, 2nd by Lee Turner and there were two abstentions, Tim Kant, Dan Stankoski, motion carried. ZC05.25 Public hearing rezone request from R-2 Medium Density Single Family Residential to R-3 High Density Single Family Residential for Up-Tick Investments, LLC(Generally located at 105-105 ½ Mershon Street.) Summer said this contains .46 acres and contains two structures that are non-conforming and in bad condition. The request is to subdivide the property in order to build two new homes. The surrounding property is zoned R-2 however, the parcels directly to the south and across the street are both non-conforming as they have multi-family housing on them. Staff recommendation is to approve as requested. Chairman Charles said he had gotten correspondence from Pomeroy, Rice and Marie Shiner. The public hearing was opened and Donna Dorrity came forward and said she is Up-Tick Investments and even though she does not have definite plans if she gets the rezoning she might put two houses on this acreage. Joe Pomeroy spoke saying he had visited with Ms. Dorrity on the telephone and asked about putting what he conceived as spot zoning in the middle of R2. It was determined this was not spot zoning. Mr. Pomeroy went on to say he wanted to keep the integrity of the neighborhood and how would drainage be handled. With no plan it could not be answered although it was determined that the lot slopes SW to NE. Ms. Dorrity said she would like the opportunity to build two homes or at least one with a mother-in-law suite in the rear. Summer did point out that if the structures there now are demolished that she will have to come into compliance to build anything new. Lee Rice and Peggy Poser also spoke expressing concerns about more asphalt and multi-family . The public hearing was closed. Jean Wilson moved to recommend denial of zoning change to the city council, Bob Clark 2nd the motion and the motion carried with one abstention by Ed Brinson. ZC06.01 Public hearing rezone request from R-2 Medium Density to B-3A Tourist Resort Lodging District by William Dean Mosher, Pagan Sheldon Mosher and Craig Turner Sheldon, Jr. for the property located at 457 Oak Avenue. Summer said this property contains .36 acres and the request is being made to operate a bed and breakfast out of the house that Planning & Zoning Commission January 3, 2006 – Page Two is on the property now. She said the art center is across the street, the gulley is on one side and the south is zoned B4 and the west is zoned R2. Staff recommendation was to approve. The public hearing was opened and Dean Mosher addressed the commission saying this was the residence of Craig and Butch Sheldon (his in-laws) and is a very unique building. He said he would enhance what there now and abide by all rules and regulations. He was asked how many suites is he planning and he said three with each having a bathroom. The public hearing was opened and closed with no opposition. Lee Turner moved to recommend approval to the City Council saying it is a great way to preserve the property. Gary Moore 2nd the motion and it carried unanimously. SD04.62 Public hearing – Reapproval of Preliminary Plat of Song Grove/Song Grove Development, LLC(Generally located on the southeast corner of Nichols Avenue Ext. and Boothe Road) Summer said this 57 lot subdivision was approved at the November 2004 meeting and a petition for annexation was forwarded to the City Council with approval recommended. It was sent back to the Planning Commission by the council as there were complaints there was no public hearing and county approval had not been given. Staff recommendation was to approve as before. The public hearing was opened and a Tim Dupre’ spoke reading a statement (in file) citing concerns over stormwater runoff and referred to April 1 storm where we had 8-12 inches of rain. Rob Breckman spoke and said he was not opposed but was concerned about property loss or damage and erosion and also mentioned 4/1/05 storm. Mike Finerty spoke asking for due diligence on drainage plans. Casi Callaway, Executive Director of Mobile Bay Watch spoke at length asking if a permit had been issued by the Corps of Engineers regarding the wetland area or had been given approval from Baldwin County Engineering Dept. She asked about FEMA flood maps and Barry Fulford said that they are in the process of redrawing them now. She also presented a letter (in file). Frank Leatherbury also spoke citing how Fairfield S/D changed the Cowpen Creek watershed and how affected the whole area. Scott Hutchinson the developer spoke saying a corps permit was not required as it is not wetlands and that as far as the floodplain issue they have already dug two ponds. He showed the wetland overlay showing it is south of the property and also showed FEMA flood map. He said they were asking for annexation so they did not think they needed county approval but has since submitted plans to the County. He realizes it is drainage sensitive and they have planned for 25 year detention and runoff and they are only releasing two year storm event. He said he oversized the culverts at their expense to prevent problems. He said what planned will improve the situation and runoff and handle stormwater runoff at a pre- development rate. The public hearing was closed Lee Turner said he lives Planning & Zoning Commission January 3, 2006 – Page Three on Cowpen Creek watershed and no one has more love for this area than him, the bottom line is it meets the requirements legally, and anything not withstanding about wetlands, flood plains, he moved to accept staff recommendation and approve again. Ed Brinson 2nd the motion Mayor Kant asked before final plat approval and annexation by city getting a second engineer’s opinion. Mr. Hutchinson agreed to this and Mr. Turner added it to his motion, Mr. Brinson added it to his 2nd and motion carried with one abstention by Gary Moore. SD05.67 Public hearing minor subdivision Harper Ridge/Allen Harper (Generally located on the northwest corner of Pecan Avenue and Section Street) Summer said this was carried over from the last meeting and is zoned R-3 and contains .60 acres that a 2 lot subdivision is proposed. Staff recommendation was to approve with note on the plat stating there could be non-functioning copper ground wires underground and that it is the owner’s responsibility to remove them at time of building construction if needed. The public hearing was opened and Lee Hagan manager of WABF said he is the adjacent property owner and there are ground wires under the property in use required by the FCC, that there are 120 wires, 6-8” deep 206” long spaced equally around the property. Seth Moore was representing Mr. Harper. John Ward Hines spoke saying he sold the property and it is in the deed regarding the wires and the deed restrictions run with the land. Mr. Harper said his deed did does not show this. The egress/ingress to this property was also an issue and it was pointed out that if subdivision is approved they want no egress/ingress off of Section Street. Seth said they are willing to work on this together and come up with a solution if the commission will approve. The public hearing was closed. Mayor Kant asked if they were willing to put no access to Section Street on the map. Seth said yes. Further discussion led to a motion by Jean Wilson to approve the subdivision with a note on the plat that there are functioning ground wires and it is the owner’s responsibility to maintain them and that all access will be from Pecan Street. Dan Stankoski 2nd the motion and it carried with one no vote by Mayor Kant. SD05.69 Public hearing approval of minor subdivision Broughton Meadows (Generally located at the end of Chukker Court off of Thompson Hall Road) Summer said this is located inside the city and is zoned R-2. The property contains 2.09 acres and the proposal is for four lots. She said all requirements have been met and recommended approval as requested. The public hearing was opened and Larry Wollangk spoke saying he was an adjacent property owner and he protests what being proposed. He said that Planning & Zoning Commission January 3, 2006 – Page Four this area has been nice lots for 30 years and just doesn’t care for the smaller lot proposal. The public hearing was closed and further discussion led to a motion by Tim Kant to deny request saying he hates to see one parcel split into small acreage like this, that this area has enjoyed single family residences on large lots. Gary Moore seconded the motion and it carried with three votes against the motion, Jean Wilson, Lee Turner and Ed Brinson. SD05.77 Public hearing preliminary and final approval of Nancy’s Place/Seth Moore a minor subdivision (Generally located on the south side of Windmill Road between State Highway 181 and Thompson Hall Road) Summer said this property is located inside the city and is zoned R-1. The property contains 2.78 acres and a 4 lot subdivision is proposed. She said further that Dan McCrory left word(he was not present tonight) he had not received the flow modeling of the water system and approval recommendation was based on Dan’s report. Seth said he had results and this was supposed to be faxed over to Dan. Further discussion led to a motion by Bob Clark to hold over for 30 days to clear this up. Ed Brinson 2nd the motion and it carried unanimously. SD06.01 Public hearing final plat approval of Long Pine Estates/TRB Development, Inc.(Generally located on the southwest corner of Cty Rd 48 and Cty Rd 33) Summer said this is not located in the city and is not zoned. This parcel contains approximately 19.6 acres and contains 62 lots. Staff recommendation was to approve. She said a punch list was given to developers and all items okay. The public hearing was opened and closed. Bob Clark moved to approve as per staff recommendation. Lee Turner 2nd the motion and it carried unanimously. SD06.02 Public hearing Preliminary Plat Approval of Huntington Phase Two/Riverbrooke Capital Partners (Generally located on the north side of Old Battles Road between County Road 3 and US Highway 98) Summer said this property is located inside the city and is zoned as a PUD. The property contains approximately 51.44 acres and a 120 lot subdivision is proposed. Staff recommendation was to approve. The public hearing was opened and closed. Tim Kant moved to approve, Ed Brinson 2nd the motion and it carried with one abstention by Gary Moore. SR06-01 Site Plan review of a mixed-use development at 72 Fairhope Avenue. Summer said the property is not located in the CBD and is zoned B-3b. The Mixed Use Ordinance was recently passed and requires that residential use must be located on the second/third floor and commercial on the bottom floor and a height of 35’ is allowed. This plan is seeking a waiver Planning & Zoning Commission January 3, 2006 -Page Five to have residential units on both ends of the building on the bottom floor with commercial in between at a 35’ height. Recommendation was to either approve with a waiver allowing residential use or deny based on the fact that this proposal does not comply with the mixed use ordinance. Ray Moore of Hutchinson, Moore and Rauch was representing the application. He spoke saying that pervious surface would be added, that water & sewer service is there and drainage already installed. He turned the discussion over to Clay Adams who presented a design of a mixed use with residences on either end including the ground floor and commercial between. Lee Turner and Bob Clark both remarked that this is 500 percent better than what there, a beautiful concept, but also argued that this ordinance was just passed and the first application is seeking a variance from it. Bob Clark said he would have to vote against it. The proposal was for eight(8) residences and two( 2) commercial. The question was asked would this work at 30 feet and the reply was no. Clay asked them to keep an open mind and envision it. Jean Wilson explained to Clay the struggle that happened in getting the mixed use ordinance with 35’ height. Further discussion led to Clay asking what he must do to get this and not experience a long delay, he was told to come into compliance with the ordinance, come back with a drawing that complies. Tim Kant moved to approve site plan if presented with all commercial downstairs. Jean Wilson 2nd approval and motion carried with one abstention by Gary Moore. IR06.01 Informal Review of Cold Creek /Robin Herndon (Generally located at the end of Sweetwater Circle off of Scenic Hwy 98). Summer said they are proposing to create three residential R-1 lots and this is 2.33 acres with part in the city zone R-1 and part in the county zoned B-2. They will be seeking annexation into the city. David Diehl of EDS represented Mr. Herndon and said this is the last upland property in this area. He said they plan a 30 ft common area and a 14 foot private driveway. He also said a 10 foot buffer is planned inbetween to protect the wetlands. It was determined that the annexation and zoning would have to come before us and that the neighbors would have to be notified. Input was given. IR06.02 Informal Review of a proposed development Fairhope Falls by Olson & Associates of Northwest Florida, Inc. located off of State Highway 104 and Langford Road. Summer reported that this is 295.63 acre piece of property located outside the city and is not zoned a 609 lot mixed density subdivision is proposed. Recommendation was to give input. Blake Ward and Rusty Lomax represented the development. They said they are masterplan developers. They plan single family, mixed use, village style Planning & Zoning Commission January 3, 2006 – Page Six planning with alleys, garages, proposing trails and parks with lots of green space. Mayor Kant asked if the county has signed off on it and they said they spoke with Wayne Dyess and Jason. It was determined this location is three miles from Silverhill. It was asked if there was enough water to support it and they said no and plan to discuss with Dan about extending water lines. Lee Turner said he liked the design is concerned about the density. The fact that there are no grocery stores, commercial businesses in Silverhill, and the traffic that would be added on 104 were all factors brought out. Input was given. Mayor Kant brought up that he would like to get on the books something saying no fill of clay could be used between Scenic 98 to the bay and would like input from the Commission. All agreed this would be great idea. He also brought up the number of applications he has received for the Director of Planning position, some engineers, and from all over the country. He said he plans to look over applications, do interviews and possibly have someone by middle of February. There being no further business, meeting was duly adjourned at 8:00 PM. _______________________ _____________________ Richard N. Charles, Chairman Betty Rivenbark, Secretary