Loading...
HomeMy WebLinkAbout04-03-2006 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, April 3, 2006, at 5:00 PM at the City Administration Building, 161 N. Section Street in the Council Chambers Present: Dick Charles, Chairman; Tim Kant, Dan McCrory, Bob Clark, Gary Moore, Jean Wilson, Lee Turner, Ed Brinson, Dan Stankoski. Summer Woodson, Acting Planner, Betty Rivenbark, Secretary Absent: None Chairman Charles announced that two items had been pulled off the Agenda and would not be discussed tonight: ZC06-03 and SD06-18. The minutes of the March 6, 2006 meeting were duly considered and approved as written on unanimous vote. Motion by Jean Wilson, 2nd by Ed Brinson. ZC06.04. Public hearing to consider zoning of Planned Unit Development (PUD) contingent upon annexation for North Village at Stone Creek request of Pat Achee; Stone Creek, L.L.C.(Generally located on the east side of Hwy 181 just north of Stone Creek) Summer commented that this contained 63.61 acres and they are proposing 110 mixed use residential units, 80 for townhomes, with the other 30 above the retail in the development, a self storage facility, and commercial lots to the front to contain which will contain retail, office, church, daycare and restaurant. Staff recommendation was to approve. Robin Gregory of Volkert & Associates gave a power point presentation and did an overview of the project showing topography and placement of all future buildings, then Matt Bell talked about Cty Rd 44 widening and mentioned that a 30 ft. strip along the property line has been dedicated for future widening and ADOT has given preliminary approval for access onto HWY 181. After the presentation the public hearing was opened and closed with no comments from the audience. Lee Turner asked if a pedestrian walk was planned to join this to Stone Creek, the first development, and he was told that one was planned through the wetlands. Jean Wilson asked how much commercial planned – 95,000 sq ft. All other questions answered satisfactorily, a motion was made by Dan McCCrory to recommend approval to the City Council, Ed Brinson 2nd the motion and it carried unanimously. ZC06-05 Public hearing rezone request of Samuel and Elizabeth Box from R-2 Single Family Residential to B-3b Tourist Resort Commercial for the property located at 51 North Summit Street. Summer said the property is located on the northwest corner of Summit Street and Magnolia Avenue and they wish to build a two story duplex. One part of the application says residential but the other mentions that a builder will use one end and the other unit will be held for investment. She said even though two other corners are zoned B-3b the commission needs to decide how far into Planning & Zoning Commission Page Two – April 3, 2006 the existing neighborhood commercial should go. Denial was recommended by the staff. Dick Charles commented that he had received all 45 letters in opposition and asked that in the public hearing portion the comments not be repetitive. The public hearing was opened and Tom Alonzo spoke saying he had bought the property and was planning to build a duplex and live in one but because of the opposition he is willing to rethink his plan. Tim Hudnall spoke saying he did not get notified and he said he is within the 300 ft. Bob Clark asked if signs posted on the property and they were. A motion was made to recommend denial to the City Council by Tim Kant, Ed Brinson 2nd the motion and it carried unanimously. Lee Turner remarked that we need to look at the notification process and someone should be held accountable. Note: Summer read the notification requirements for general information: Subdivision applications – notification of adjacent property owners. Zoning Cases – notification of property owners within 300 ft., this is state requirement, and it is the applicant who furnishes the list from information that they are suppose to be getting from the Tax Assessor’s office. It was noted that if the tax records are not up to date then there would be a problem. All agreed this needed some more study as the night went on there were more incidents noted of no notification. SD06-05 Request of Volkert & Associates, Inc. for approval of the Colony at the Grand, Triangle Subdivision.(Generally located on the west side of Pinegrove Drive just north of Lots 9-13 of Lakewood Club Estates Unit 2) Summer said this was tabled from the March 2006 meeting in order to give the property owners and Grand Hotel time to meet again and discuss road placement. David Clark and Jason Tickle spoke saying they had met and come to an agreement with the property owners for the placement of the road and they are getting a mylar drawn up and recorded. The question was asked if the lot owners from out of town had agreed and it was the consensus that there should be something in writing showing their approval of what agreed on. David Clark said he would obtain those. Tim Kant moved to give approval with all the proper signatures obtained from the property owners of ROW purchased. Ed Brinson 2nd the motion and it carried unanimously. SD06.11 D’Estrehan Development Unit 2 (Generally located at the northwest corner of Manor Blvd. and Booth Road) Summer said this was originally approved in 2003 but if not built within two years would have to be resubmitted so it is back before us tonight. She said it is inside the city and is zoned R-2 and is an 11 lot subdivision. She said several waivers were granted in 2003: the cul-de-sac street, waiving the greenspace requirement Planning & Zoning Commission Page Three- April 3, 2006 and allowing double frontage lots. Also, the drainage solution that was approved was for some of the water going to the existing d-Estrehan pond and some going to the River Oaks pond. Drainage is the main concern with this development and her recommendation because of the existing stormwater problem of that area was to get a second engineer to review stormwater calculations before approval. Seth Moore represented the developer and said that some changes had been made that the detention now ran behind lot 60- 63 and went to Booth Road. There was some confusion as the drawings the commission had did not match up with what Mr. Moore was saying. During discussion the commission also felt that they wished to get a second engineering opinion and asked Mr. Avant if he would agree to a 30 day continuance and he said yes. Dan McCrory moved for 30 day continuance in order to get 2nd opinion and approve same waivers that were given in 2003. Jean Wilson 2nd the vote and it carried unanimously. SD04.14 Preliminary Plat approval of Tuscany Country Estates (Generally located on the west side of Red Barn Road just south of Rio Vista Drive) Summer said this property is not located in the City and is not zoned. It contains approximately 72.1 acres and 58 lots are proposed. Dan McCrory said it will be served by city water and sewer. This phase is located on the eastern end of the property on the eastern side of the creek. Staff recommendation was to approve. Scott Hutchinson of HMR was representing the developer. J.C. Bishop spoke to the commission and said it is impossible to get as many houses as planned. He further said last April that they had 19 1/2 ft of water on this road and it was flooded where they plan to put lots. Another gentleman who lives at the end of Holland Drive also spoke telling of flooding in his house and this area. After all comments made Mr. Hutchinson said he would certainly like to get with the residents who commented tonight. All thought it would be a good idea to do this and hold off approval. Tim Kant moved to table for 30 days and get drainage input from residents. Ed Brinson 2nd the motion and it carried with one abstention by Gary Moore. SD06.15 Minor Subdivision request of Rob Campbell for approval of Chapman Place (Generally located at the northwest corner of Chapman Street and 3rd Street in Montrose) Summer said this property is not located in the City and is zoned R-2a by the County. It contains approximately 1.48 acres and 3 lots are proposed. Staff recommendation was to approve. Seth Moore was representing the owner. He said that all 3 lots are accessed from Third Street and lot 3 in the rear will be accessed by a common driveway. He said retention will be on each property and that Planning & Zoning Commission Page four – April 3, 2006 there are no wetlands. Bob Walton spoke saying he had the lot next door and that this zoning requires one half acre minimum and two of the lots with the driveway would not meet this requirement. He also said this division would change the character of the neighborhood. Debbie Quinn said there is a tremendous problem with stormwater in this area. Jean Wilson said that the comprehensive plan calls for preservation of historic areas and this is definitely one, do not need to start carving out pieces, whether or not it meets requirements it is flawed. Further discussion led to a motion by Bob Clark to delay for 30 days in order to obtain a letter from the county on this property and more information on access to lot 3, the rear lot. Motion carried with one no vote by Jean Wilson. SD06.17 Minor Subdivision request of Robin Herndon for approval of the Preserve at Sweetwater Subdivision ( Generally located at the end of Sweetwater Circle) Summer said that not all of this property is located in the city and portion is in is zoned R-1. A petition for annexation has been submitted to the city and the remaining property will come into the city zoned R-1. She said the property contains 2.40 acres and a 3 lot subdivision is proposed. Staff recommendation was to approve. Joe Bullock of EDS represented Mr. Herndon. He asked for a 30 day continuance due to questions regarding the wetlands on the north side of the property. A Carson Nicholson spoke saying she was also representing Flor Fellers who could not be present tonight and that they were concerned about stormwater issues as property at the end of Sweetwater Circle now floods in heavy rain. She said they were also concerned about egress/ingress and questioned floodwater samples. After discussion a motion was made by Tim Kant to delay for 30 days to work out problems and get some answers to these questions. Ed Brinson 2nd the motion and it carried unanimously. SD06.19 Final Plat approval of Woodlawn Subdivision, Elite Development, LLC (Generally located off of County Road 13 just north of County Road 44) Summer said the property is located in the city and is zoned R-1 non-conforming and it contains 34.40 acres and 81 lots are proposed. Staff recommendation was to approve. Dan said that we have a force main up to Hwy 13 but it has failed inspection numerous times and that there is erosion that needs to be corrected. Joe Bullock of EDS was representing the developer. Further discussion led to a motion by Dan McCrory to approve subject to force main approval, areas disturbed for pipe being put in taken care of, and sod put in place. Lee Turner 2nd the motion and it carried unanimously. Planning & Zoning Commission Page five – April 3, 2006 SD06.20 Final Plat approval of Sedgefield, Phase One/Y.I.A. Development (Generally located off of County Road 13 just north of County Road 44) Summer said this property is located in the city and is zoned R-1. It contains 39.41 acres and 65 lots are proposed. The owners have posted a performance bond for 125% of the remaining construction cost and a final inspection will be done before the performance bond can be released. Staff recommendation was to approve. Joe Bullock of EDS was representing the developer. Mark Cramton spoke saying he owns property adjoining this property and that the boundary survey is different from what he has. He just wanted to make sure that the trees that are there now are not going to be cleared/cut they make a nice division. A Jennie Fair who is also in Hunters Glen and backs up to this property asked about her garden/landscaping and the same tree line. It was pointed out that whatever restrictive covenants are decided on are between the property owners and developer, that the city does not enforce these. Further discussion led to Mr. Bullock saying that he could speak for the developer and say that these trees would not be disturbed. Lee Turner moved to accept staff recommendation with addition to the covenants that the trees would not be cut. Ed Brinson 2nd the motion and it carried unanimously. SD06.21 Final Plat Approval of Stone Creek Phase 1 (Generally located on the east side of State Highway 181 just south of County Road 44). Summer said this property is located in Fairhope and is zoned PUD and this phase contains 69.19 acres and 78 lots. She had received a performance bond for 125% to cover remaining construction costs. Rance Rheel represented the developer. Staff recommendation was to approve. It was mentioned that there was no way to access this property the streets have not been put in. The question came up about changing our rules to at least have the streets put in before final approval given. Further discussion led to Lee Turner moving to approve as per staff recommendation. Gary Moore 2nd the motion and it carried unanimously. SD06.22 Site Plan Review of Olson & Associates/ Fairhope Falls, a Village Subdivision (Generally located on the southeast corner of Highway 104 and Langford Road) Summer said the property is not located in the city and is not zoned. She said it is going through the Village Subdivision process and a site plan must be approved that will guide the preliminary plat process. Tonight they are requesting site plan approval and a preliminary plat for Phase 1 will come at a later time. She said that this request is contrary to the comprehensive plan in that we did not anticipate a village out this far, however, the design and concept of the subdivision are very much in keeping with the plan. Staff recommendation was to approve. It Planning & Zoning Commission Page six – April 3, 2006 was determined this property is owned by Leonard Smart. Patrick Hodges of Olson and Associates spoke and presented a layout of the overall project and went through its phases and said there is a mixture of lot sizes within the subdivision, 9100 sq ft, 10500 sq ft, and 11900 sq ft. It is a 295 acre project, 538 units are planned in the subdivision. Thirty percent of the property would be left as open space and the Preserve at Fish River an existing subdivision road will also become part of Fairhope Falls. The project will have eight phases said Patrick Hodges. It will have a community building and 110 units will be constructed in the first phase. Eight to ten years is the completion time table. Plans call for putting the community center in the initial phase of construction and it will have a pool overlooking one of two existing lakes on the property. A lengthy discussion followed and it was asked if any commercial development planned, the answer being no. It was also stated that this is closer to Silverhill than Fairhope and the amount of traffic that will be added to Hwy 104 by the addition of many homes was brought out as well as the question being asked was a traffic light planned and Mickey Hall said there will be left and right turn lanes but no traffic light at this time. City water and sewer is planned. Jean Wilson said she meant no offense but always envisioned growing from the city to the outlying areas, not have one huge subdivision adjoin the city she envisions it as sprawl and we don’t have to approve things just because they are presented to us. Mr. Hodges said they were here by choice, they had interviewed real estate associates and determined these lot sizes are what needed. They have built successful subdivisions of this size in Florida. Further discussion led to a motion to approve by Tim Kant to approve the site plan, Ed Brinson 2nd the motion and it carried with two no votes by Jean Wilson and Gary Moore. SR06-02 Site Plan Review of Martin Myrick( located at Estella Drive and Greeno Road) Summer said the property is zoned B-4 and this building is one of three that were approved together in 2001. The first building has been built and they are now asking for re-approval of this one. Staff recommendation was to approve subject to horticulturist approving the landscape plan. Scott Hutchinson of HMR was representing Mr. Myrick. He said he had gotten with Jennifer today and worked that out. Lee Turner moved to approve, Ed Brinson 2nd the motion and it carried with one abstention by Gary Moore. IR06-06 Informal Review of a proposed development located on the south side of Gayfer Avenue just east of Greeno Road. Summer said this property, owned by Gateway Construction Company, has just recently been through the Planning Commission and City Council for annexation and Planning & Zoning Commission Page seven – April 3, 2006 rezoning to R-5 with Special Conditions. Staff recommendation was to give input. The conditions were discussed: a maximum of 62 units, fence with pedestrian access, proper handling of the drainage issues. Everything seemed as it should be. Rester & Coleman represented the developer. Input was given. IR06-07 Informal Review of proposed development located at the northeast corner of Section Street and Old Battles Road. Summer said this property is owned by Point Clear Development, LLC and is approximately 40 acres and a multi family development is proposed. Staff recommended to give input. Rester & Coleman represented the developer. A preliminary site plan of 27 multi dwelling units was presented and a drainage narrative. It is proposed to have rear alleyways. Input was given. IR06-08 Informal Review of a proposed development located on the south side of Morphy Avenue just west of Thompson Hall Road. Rester & Coleman represented the developer. Summer said this is owned by FST Montrose Properties, contains 64.2 acres and a single family development is proposed. Staff recommendation was to give input. The Commission noted that there is a lot of water shown on the printout they had. This used to be a trailer park and was zoned R-6 they are now planning R-2 development. The comment was made it shows an awful lot of lots with what already is a drainage problem(141 planned). The meeting was duly adjourned at 8:05 PM. ____________________________ _______________________ Richard N. Charles, Chairman Betty Rivenbark, Secretary