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HomeMy WebLinkAbout06-05-2006 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday June 5, 2006 at 5:00 PM at the City Administration Building, 161 N. Section Street. Present: Dick Charles, Chairman; Bob Clark, Dan McCrory, Gary Moore Jean Wilson, Ed Brinson, Lee Turner, Cecil Christenberry, Gregg Mims Planning Director, Secretary, Betty Rivenbark. Absent: Tim Kant The minutes for the May 1 meeting were considered and approved unanimously as amended on motion by Ed Brinson, 2nd by Gary Moore. Cecil Christenberry was welcomed to the Commission and Gregg Mims our new Planning Director was recognized. The Chairman also asked for a consent agenda in considering items C & J together and D & G together. Dan McCrory moved and Ed Brinson 2nd doing this. ZC06.07 Public hearing to consider rezone request from B3a Tourist Commercial District to R5 Multi-Family Residential application of Williams Blackstock/Rebecca Whiteside generally located on the west side of S. Mobile Street south of the American Legion who owns the property. Gregg Mims reported that the applicant wishes to construct condominiums on the site and the request is not contrary to the Comprehensive Plan. Approval was recommended. The public hearing was opened Rebecca Whiteside spoke saying that three buildings are planned with four units each. All questions answered satisfactorily, the public hearing was closed. Jean Wilson moved to recommend approval, Ed Brinson 2nd the motion and it carried unanimously. ZC06.08 Public hearing R-2 Medium Density Single Family zoning with annexation request of Cliff Pitman generally located south of Windmill Road and west of Thompson Hall Road. Gregg said this is unzoned property and is actually two parcels of land and they wish to build a single family subdivision. Approval was recommended. Joel Coleman of Rester & Coleman represented Mr. Pitman and said this is a step in the right direction. The public hearing was opened and Sandra Gartman who lives across from the property asked about the drainage, Joel said they are aware of the drainage and it will be adequate. Bill Bulman, Fire Chief, said he wanted to bring up that the fire department training facility is located on Thompson Hall Rd and they have five acres there and they have controlled burns as well as training. The public hearing was closed. Jean Wilson said this is a sensitive drainage area and asked about less density, possibly R-1. Lee Turner asked Mr. Coleman if the release rate was any different between R-1 or R-2 and he said no. Further discussion led to a motion to Planning & Zoning Page Two - June 5, 2006 recommend approval as per staff recommendation by Lee Turner, 2nd by Ed Brinson. Motion carried with two no votes by Jean Wilson and Gary Moore. ZC06-09 and SD06-31 Public hearing rezone request from R-6 Manufactured Home District to R2 Medium Density Single Family District. Land of Cliff Pitman generally located south of Morphy Avenue and west of Thompson Hall Road. Gregg said this request is not contrary to the plan. He told of the different zones on the adjacent parcels and approval was recommended. Joel Coleman spoke for the developer saying he is working on the flow modeling and sought approval subject to meeting current ISO requirements. The public hearing was opened and the question was asked about R2 lot requirements and answered 10, 500 sq ft or 80 x 135. The public hearing was closed. Dan McCrory said this is another piece of property that something should be put on the plat that a fire training facility is close by. Gary Moore asked about drainage, they had asked for a waiver from the stormwater standards because the lots all front an existing street. Joel Coleman said that drainage for the eight lots will be taken care of with the overall land plan that was why the subdivision request contained a waiver request. Further discussion was held and a motion was made by Dan McCrory, 2nd by Ed Brinson to recommend approval to the city council subject to meeting current ISO requirements, a note on the plat about the fire training facility, and that the drainage will be taken care of with the overall land plan. Motion carried with one no vote by Jean Wilson who thought that it should be lower density R1. ZC06-10 Public hearing request to amend existing Fairfield Unit VI PUD ordinance. The property is generally located at the northeast corner of County Road 44 and Boothe Road and SD 06-26 preliminary plat approval of Fairfield Unit VI. Gregg said this was approved in November 2005 with five detached single family units and twenty seven townhome units. The developer had presented another plan at the meeting and thought that was what approved. He is now coming back and wants to amend to twelve single family lots and twenty townhomes. Approval was recommended. The public hearing was opened and closed. Bob Clark asked if all the drainage issues had been addressed. Scott Hutchinson said yes, a second opinion was sought and drainage improved. A motion was made by Lee Turner to recommend approval as per staff recommendation. Cecil Christenberry seconded the motion and it carried with one abstention by Gary Moore. SD06.14 Preliminary Plat approval of Tuscany Country Estates, Phase 1 a 58 lot subdivision (Generally located north side of Red Barn Road just west of Rio Vista Drive) Gregg said this property is located outside the city Planning & Zoning Commission June 5, 2006 – Page Three and is not zoned, it contains 72.1 acres and 58 lots are proposed in Phase 1. This phase is located on the south end of the property on the south side of the creek/wetlands. He said a 2nd opinion of the stormwater calculations was requested at the May meeting but has not been received. Recommendation was to approve provided we get 2nd engineer’s opinion and an archeological survey is done. Scott Hutchinson represented the developer. He had the 2nd opinion from Thompson Engineering that said the drainage plan is adequate. Mr. Charles said Phase II will involve the widening of Comalander Road, whether or not the county will do it, and a letter from the Alabama Historical Commission on whether or not Indian burial grounds or site of civil war army staging areas. He said this was discussed for an hour at the last meeting, and then opened the public hearing. JC Bishop spoke saying he was sure this proposal would have adverse effects on the environment and wetlands. The property being discussed is where the water flows to the river, and farming land, it flooded out in Danny and April 1, 2005 storm. The water rose 4 ft above FEMA elevation predictions. Stacey Bishop spoke saying that the cul de sacs that are planned, are running down toward Fish River and that will surely increase the water flow, and that they are planning on taking the forest down(false assumption). A Martha May spoke citing what being done all over Baldwin County, that the County and City needs to take a good look. The public hearing was closed. Dick Charles told of the work of the Bluewater Committee. Jean Wilson said she had been studying the subdivision regulations and comprehensive plan and said according to them we do not have to approve subdivisions if it is not orderly growth or compatible, if it violates the comprehensive plan and dangerous. She said our hands are not tied if it meets the subdivision regulations but not the comprehensive plan. Scott Hutchinson said it meets R-1 requirements, that it is 70 acres of a 700 acre watershed. Lee Turner said it meets all our subdivision requirements. Further discussion led to Jean Wilson moving to deny the subdivision request. Bob Clark said he wished to commend and congratulate Jean, it did not feel right from the “get go” and the citizens were not on board and based on the safety issue and concern about access to this property, he 2nd Jean’s motion to deny saying they need to back off on the density of the property. Lee Turner said we need to get an opinion from Glen LeRoy, former of Gould Evans, or Hand Arendall, he was not comfortable with voting without a legal opinion. Motion to deny carried by the following vote: Dick Charles, Dan McCrory, Jean Wilson, Bob Clark, Cecil Christenberry. Lee Turner and Ed Brinson voted for it and Gary Moore abstained. Planning & Zoning Commission Page four – June 5, 2006 SD 06-17 Minor Subdivision approval of The Preserve At Sweetwater, a 3 lot subdivision ( Generally located at the end of Sweetwater Circle off of Scenic Highway 98). Gregg said this property is located in the city and is zoned R-1 and contains approximately 2.40 acres. This is in a sensitive drainage area and drainage calculations have been received. Staff recommendation was to approve. Dan said the flow modeling was ok and city sewer will be provided to this site. Phillip Dyson and Flor Fellers spoke expressing their concerns about additional water runoff from what planned. Joe Bullock of EDS represented the owner. Lee Turner expressed his concern about water runoff and asked if sheet flow was best design for this area. Joe said, yes, sheet flow would provide less impact and this would only be a small amount of water. Robin Herndon spoke and said that despite what said before Sweetwater Branch drains 250 acres. Gary Moore asked about using crushed stone on the driveway and Robin said they have not addressed the driveway yet. Comments by the Commission indicated non approval of limestone for crushed rock supply as this material tends to “solidify” in the presence of prolonged exposure to water. Further discussion led to a motion by Ed Brinson to approve staff recommendation. Gary Moore 2nd the motion and it carried with one nay vote by Bob Clark. SD06-27 Preliminary Plat approval of Mourning Estates (Generally located on the south side of US Highway 98 just east of Dove Circle). Gregg commented the property is not located in the city and is not zoned. It contains approximately 8.87 acres and 13 lots are proposed. He said sidewalks and street will be constructed to city specifications, water will be provided by the City and an existing 6 inch line that supplies the project will be upgraded to an 8 inch. This will be done at the developer’s expense. A letter referring to the upgrade to an 8 inch pipe was included from HMR and the chairman asked it be included in the minutes(attached). Approval was recommended. Dan McCrory moved for approval, Ed Brinson 2nd the motion and it carried with one abstention by Gary Moore. SD06-29 Minor subdivision approval of Lewis Acres (Generally located on the south side of Morphy Avenue just west of Bishop Road) Gregg said this property is located in the city and is zoned R-3PGH. The property contains approximately 5.06 acres and two lots are proposed. The plan is for lot 1 to stay as is and lot 2 will be developed into a single family subdivision. A waiver from stormwater standards and flow model was requested as the two lots are large and this will be required at the time of the subdivision of lot 2. Recommendation was to approve with waivers. A motion was made by Bob Clark to approve per staff recommendation with waivers but note on plat flow model and stormwater will be required with development of lot 2. Ed Brinson 2nd the motion and it carried unanimously. Planning & Zoning Commission Page five – June 5, 2006 SD06-33 Final Plat approval of Hawthorne Glenn, Phase Two (generally located east of Hawthorne Glenn, Phase One between Morphy Avenue and Nichols Avenue). Staff interpretation was the property is located in the city and is zoned R3PGH and the property contains 28.57 acres and 72 lots. Staff recommendation was to approve subject to punch list being completed. Scott Hutchinson said all items addressed on the punch list. Dan McCrory moved to approve, Ed Brinson 2nd the motion and it carried with one abstention by Gary Moore. SD06-34 Final Plat approval of Riverstation, Unit Three(Generally located east of Riverstation, Unit Two and south of Gayfer Avenue Extension. Gregg said this is a 27 lot subdivision not located in the city and not zoned. Staff recommendation was to approve. Scott Hutchinson was representing the developer and said all punch list items were completed. Further discussion led to a motion by Dan McCrory to approve as per staff recommendation. Lee Turner 2nd the motion and it carried with an abstention by Gary Moore and Ed Brinson. SD06.28 Site Plan Approval of Battles Pointe Condominiums, a Village Plan subdivision (generally located at the northeast corner of Section Street and Old Battles Road just west of Huntington Subdivision) Gregg said the property is not located in the city and is not zoned. It contains approximately 40.70 acres and 150 units are proposed. Staff recommendation was to approve. Rester and Coleman was representing the developer. Discussion was held on the height, they plan 40’6” at the ridge of the roof. Bob Clark said we just turned down a subdivision that wanted to go over height limits because we just put this requirement in place. It was pointed out that this height would be the cupola that is planned the condo heights should be fine. Ed Brinson moved to give site plan approval, Dan McCrory 2nd the motion and it carried unanimously. 06.03 Site Plan review for an office building located on the southeast corner of Fairhope Avenue and Lottie Lane. Gregg said this is located in the city and is zoned B-2. This building will have an elevator and the elevator shaft is located in a tower that is 42 feet tall and is exempt from height requirement, but the basic building height is still 30ft. Staff recommendation was to approve. Further discussion led to a motion by Bob Clark to approve, Dan McCrory seconded the motion. Motion carried with one abstention by Ed Brinson. Meeting was duly adjourned at 7:20 PM. ________________________ __________________________ Richard N. Charles, Chairman Betty Rivenbark, Secretary