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HomeMy WebLinkAbout05-01-2006 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, May 1, 2006 at 5:00PM at the City Administration Building, 161 N. Section Street in the Council Chambers. Present: Richard N. Charles, Chairman; Bob Clark, Dan McCrory, Gary Moore, Lee Turner. Betty Rivenbark, Secretary. Absent: Jean Wilson, Ed Brinson, Dan Stankoski. The minutes of the April 3. 2006 meeting were considered and approved on motion by Gary Moore, 2nd by Lee Turner and unanimously carried. Mr. Charles announced that SD06.17 The Preserve at Sweetwater had been pulled and would not be heard tonight and SD06.27 the Preliminary Plat of Mourning Estates had also been pulled. Summer announced that there will be a meeting Tuesday, May 9, 2006 at the Nix Center to discuss the application from the Daniels Corporation. She is setting up 3 different times for the P & Z members to come talk with her in the morning 9-10-11 and Glen LeRoy will be here and then at 3:00PM there will be a public meeting for anyone to attend. ZC06-06 Public hearing to consider the rezoning request of Ray and Robin Lambert at 9271 Morphy Avenue. Summer said this property is currently zoned R-A Rural Agriculture and is located on the north side of Morphy Avenue between County Road 13 and Highway 181. She said that the Lamberts wish to subdivide the property into 3 lots and she has received one letter of objection from an adjacent neighbor Tommy Rozum. Staff recommendation was to approve. Seth Moore represented Mr. Lambert and said that they would have city water and sewer and would have a nine foot driveway that would access the lots and one lot will be used by the Lamberts to build a new house. The public hearing was closed. A motion was made by Lee Turner to recommend approval as per staff recommendation. Bob Clark 2nd the motion and it carried unanimously. SD06.11 Preliminary Plat of D’Estrehan, Unit 2 (Generally located at the northwest corner of Manor Blvd and Boothe Road). Summer said this was originally approved in May of 2003 but because they did not start construction within two years they had to get reapproval. It was carried over from the April meeting to get a second engineer’s opinion on drainage. She also said at the April meeting several waivers were granted: the cul-de-sac street, waiving the greenspace requirement and allowing double frontage lots as well as some of the water going to the existing pond and some going to the River Oaks pond. Thompson Engineering did the second opinion and found that the calculations presented were done in accordance with sound engineering practice and the development should not have a negative impact on neighboring properties. Staff recommendation was to approve. Planning & Zoning Commission Page Two – May 1, 2006 Gary Moore asked if she was comfortable with the second engineer’s opinion and she said yes. Seth Moore represented the developer. A motion was made by Dan McCrory to approve 2nd by Lee Turner, motion carried unanimously. Summer said the next two items would be heard together. SD06.14 Preliminary Plat approval of Tuscany Country Estates (Generally located on the west side of Red Barn Road just south of Rio Vista Drive) 58 lots are proposed and this phase is located on the eastern end of the property on the eastern side of the creek/wetlands and SD06.25 Preliminary Plat approval of Tuscany Country Estates, Phase Two, a 43 lot subdivision (Generally located off of Red Barn Road just east of County Road 33) 43 lots are proposed in this phase of the development. This was carried over from the April meeting so the engineer could get with property owners in the area and discuss drainage issues. Summer said this property contains 72.1 acres. When she prepared her comments she had not heard the outcome of the meeting. Scott Hutchinson was representing Tuscany Village, LLC. He said he had met with the property owners and researched past flooding and looked at 4/1/05 and hurricane pictures. His firm has designed for more than a 100 year storm and plans include a dam and weir and since the meeting has reduced the lots by seven. Tim Kant arrived at 5:15 PM Scott said he tried to answer all the questions at a meeting held at the Holiday Inn with the surrounding property owners. He said the roadway would be the only thing cleared, that they would not be removing trees and also have restrictions in the covenants, adopt the city’s tree ordinance. He said Comalander Road would be improved with curb and gutter and the development would have city water and sewer, greenspace is not required. Several residents spoke: they said this area has been farmland for many years with large properties handed down from generations they also cited protection for the gopher/tortoise and indigo snake and said that there are Indian and civil war artifacts on the property, they questioned the density, that they don’t need to build all the way to the wetlands line. Lee Turner asked Mr. Hutchinson if he agreed that the elevations are higher than the April flood and Hurricane Danny. He said yes. Mayor Kant remarked that the engineer is on the hook for 13 years plus the first floor elevations had to be higher than the flood plain so he knows that the elevations would be right. Scott said he is not saying that it will not flood, that there are several ponds on the low points but he is fine with the pond locations. Tim Kant Planning & Zoning Commission Page Three – May 1, 2006 asked if he has met all the requirements and he said yes. Further discussion led to a motion made by Dan McCrory to get another engineer’s opinion on drainage and get something from the county saying that they will approve the 30 ft. road without taking anyone’s land The motion was 2nd by Bob Clark. Gary Moore abstained and motion passed. SD06.15 Minor Subdivision Chapman Place/Rod Campbell(Generally located at the northwest corner of Chapman Street and 3rd Street in Montrose). This was carried over from the last meeting. Summer said the property is not located in the city and is zoned R-2A by the County and contains approximately 1.48 acres and 3 lots are proposed. She had a letter from the County that this did not meet the septic requirements. She said she talked with Richard Johnson and that the fact that this is a Historic District is not a consideration when subdividing. Seth Moore represented the owner and said there is a 30 ft wide easement and they would submit restrictive covenants to the County that would run with the land in perpetuity. Several residents spoke, Bob Walton said he was not notified and that historic Montrose does count, it would change the character of Third Street if they clear cut the lot, it would open up a can of worms. Steve Baker spoke saying Chapman and Third Street only on paper have to have something from the county to put in a drive and that there is a 40 foot drop at the end of lot 3 that runs to other detention on west side of one and two and the closest fire plug is Gabel Street. Further discussion led to a motion by Tim Kant to deny based on lack of infrastructure. Bob Clark 2nd the motion and it carried unanimously. SD06.18 Minor subdivision approval of Bowers Subdivision/James Bowers (Generally located at the southwest corner of Canyon Drive and Blueberry Lane) Summer said the property is not located in the City and is not zoned. It contains 6.66 acres and 3 lots are proposed. She also said she has received county review and there are no deficiencies. Staff recommendation was to approve. Matt Counts of GEO Surveying was representing the property owner. Bob Clark moved to approve as per staff recommendation. Lee Turner 2nd the motion and it carried unanimously. SD06.23 Minor Subdivision request Zeola Mixon Subdivision(Generally located at the south end of Boone Lane and Pecan Avenue). Summer said this property is located in the City and is zoned R-2. It contains approximately 1 acre and 3 lots are proposed. The applicant is asking for a waiver from the flow model requirement and Dan McCrory will have to approve this waiver, and a waiver from installing a new fire hydrant. She Planning & Zoning Commission Page Four – May 1, 2006 said each lot is within 450’ from an existing hydrant. Staff recommendation was to approve provided that the waivers are approved. The question was asked and clarified for the residents present that Boone Lane is not being cut through to Pecan Avenue. Dan McCrory said he would approve a waiver for the flow model requirement. It was pointed out that one lot would front on Boone Lane and the other two from Pecan Avenue. Lee Turner moved to approve. Gary Moore 2nd the motion and it carried unanimously. SD06.24 Re-Subdivision of Echo Ridge/Twin Echo, Inc.(Generally located on Twin Echo Court off of Section Street) Summer said this property is located in the City and is zoned B-1. Currently there are 11 lots, six with duplexes on them and 5 that are vacant. They are proposing to re- subdivide each lot so that each side of the duplex owns their half of the structure and the land. Staff recommendation was to approve. Discussion led to a motion by Lee Turner to approve as per staff recommendation. Gary Moore 2nd the motion and it carried unanimously. SD06.28 Site Plan approval of Magnolia Commons, a village subdivision (Generally located on the east side of County Road 13 between County Road 48 and County Road 30) Summer said this property is not located in the city and is not zoned. It contains 19.34 acres and 54 lots are proposed. Because the lots are smaller than what is normally required by the subdivision regulations the village subdivision is what being proposed with a walkable community and proper stub-outs to adjacent properties are provided. Staff recommendation was to approve. Scott Hutchinson was representing the owner and made a presentation showing the layout of the lots. He said the houses would have a paved alleyway behind them. Tim Kant reminded him that the garbage and emergency vehicles would need at least 20 ft. He had saved 3.3 acres for a common area in the center of the development. A question was asked about a fence along the rear of the alleys and it was answered a fence would be required. Lots 26 & 27 were asked about and Scott said they were to be discussed at a later date. In discussion Scott was told that plans should not include a road through the wetlands to lots 26, 27. Further discussion let to a motion by Lee Turner to approve Phase 1 and reserve lots 26, 27 for Phase 2 approval at a later date since there were many unanswered questions about 26 and 27. Dan McCrory 2nd the motion and it carried unanimously. Gary Moore abstained. Under new business George Roberds brought for informal review his plans for a medical park on some 3+ acres on Greeno Road on the west side and wanted to get input about moving the building closer to the parking area Planning & Zoning Commission Page Five – May 1, 2006 and was also asking to waive the stub out requirement. He was given the commissions blessing to proceed. There was no other business The meeting was duly adjourned at 7:18 PM. ________________________ _______________________ Richard N. Charles Betty Rivenbark