HomeMy WebLinkAbout08-07-2006 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday,
August 7, 2006 at 5:00 PM at the City Municipal Complex in the Council
Chambers at 161 N. Section Street.
Present: Dick Charles, Chairman; Tim Kant, Dan McCrory, Bob Clark,
Gary Moore, Jean Wilson, Lee Turner, Cecil Christenberry. Gregg Mims,
Planning Director, Jonathan Smith, Planner and Betty Rivenbark, Secretary
Absent: Ed Brinson
The minutes of the July 5, 2007 meeting were considered and approved as
written on motion by Tim Kant, 2nd by Dan McCrory with two abstentions
by Jean Wilson and Lee Turner. The minutes of the July 17, Special
meeting were considered and approved as written on motion by Tim Kant,
2nd by Dan McCrory with one abstention by Bob Clark.
It was announced that SD06.45 would be held over until the September
meeting.
Gregg Mims introduced Nancy Milford who has started working with his
Department as a Planner and David Powell, GIS Technician.
ZC06.12 Request of Leonard Wormser of I-10 Development, LLC for
zoning change approval of a PUD approximately 213 acres (Generally
located at the southeast corner of Parker Road and Highway 98) Gregg said
the 53.33 westernmost acres are zoned B-2 (General Business) and the
remaining 159.67 acres are un-zoned in Baldwin County. A PUD is
proposed which consists of commercial, retail, condos, townhomes,
live/work units and single family residential lots. Broken down:
commercial108,000 square feet; condos, 132 units; town homes, 181 units;
live/work units, 11; single-family, 511 units. There are a total of 835
residential units proposed. Fly Creek runs through all parcels involved in the
project. North of the site is Parker Road and the Sandy Ford subdivision,
south of the site is The Woodlands subdivision, west of the property lies
Hwy 98, unzoned county properties, and the properties in the City of
Fairhope zoned R-1; east of the site lies unzoned County land. He said he
and Jennifer Fidler met with Wayne Curry of ALDOT during the preliminary
review process and they discussed a traffic signal at Parker Road/Highway
98, and the necessary turn lanes. He indicated that ALDOT did not at this
time say that they would install a signal at the entrance of the PUD. He
passed out a sheet saying that in working with the developer they had
agreed to the following prior to the meeting which is an update on the
printout received with agenda information:
Building Heights – Residential 35’ and Commercial 45’
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Buffers – A 50’ Natural/Landscaped buffer off of Greeno Road; 40’
Natural/landscaped buffer off of Parker Road
Setbacks – Single Family lots abutting the Woodlands S/D: Front Setback
10’ Rear Setback 30’; Side yard setback 5’
Single Family lots where rear yards abut wetlands: Front setback – 10’
rear setback 30’; side yard setback 5’
Remaining Single family lots: Front setback 10’; rear setback 10’; side-
yard setback 5’
Town-homes: Front setback 10’; Rear setback 20’; side-yard setback 0;
End unit – 10’; from Wetlands -30’.
Village Center – Commercial/Retail/Condominium: Front(facing Hwy 98)-
50’; from Parker Rd – 40’’ All other sides-10’.
Open Space: - An open space/green space feature shall be incorporated
into the design of the commercial parking area in order to provide a more
pedestrian friendly village center environment. This requirement will be
approved by the Planning Department.
Site Access – Approval and Permits from ADOT shall be obtained and
submitted to the Fairhope Planning Department
Adjacent Site Concerns – All lots on the south side of the project
immediately abutting The Woodlands subdivision shall have a minimum lot
width of at least 90 feet at front setback line and a rear setback of not less
than 30 feet.
Facade Requirements – Four-sided architectural features shall be
incorporated into the design of all commercial buildings, no metal exposed.
Wetlands – The applicant has volunteered to dedicate the wetlands on the
site as a locally designated permanent Conservation Easement. The
applicant shall work with staff to coordinate this effort.
He said further, all items listed above shall be completed to staff’s
satisfaction prior to the issuance of a building permit. It is noted that a
drainage and storm water management analysis must be presented to show
the impact of the proposed development on adjacent properties and the Fly
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Page Three – August 7, 2006
Creek watershed. The purpose and influence of the lakes must be
articulated. This would be required at the time the project is submitted for
subdivision approval and/or request for permits. Robin Gregory of Volkert &
Associates did a power point presentation showing the whole layout of what
proposed. Arthur Corte spoke to the Commission saying he met with all the
homeowners associations. He said this is a continuation of part of the
development of his family’s timberland. He said in 1995 he was asked to
annex into the city and agreed to do so with the 53 acres coming in as B-2
and the other 160 acres are part of Fred Corte’s land for a total of 213 acres.
He said they have worked extensively to preserve the Fly Creek area, they
plan to enhance/preserve this with walk trails and boardwalks. He talked
about the different companies he is using for the development. Bill Tunnell
of Tunnell/Spangler Walsh spoke saying they wanted to design and develop
this property so it fits the Fairhope Comprehensive Plan, he also showed
through a power point presentation buildings they propose for each portion
of the development. Arthur spoke again saying that this will be at least a
ten year project, it will be done in phases. The public hearing was opened
and Mike Perkins, President of The Woodlands property owner’s
association, spoke saying the density will only add to the problems, they are
adamantly opposed to it as presented and oppose any connection to the
Woodlands. Jeffrey Philiips, President of Rock Creek POA, also expressed
adamant opposition and cited South Drive problem. Rhonda Jones, a
resident of the Woodlands spoke and told of the time and effort spent on her
property and how they hand cut each tree,bush, she is opposed to
connection that is planned into her property. Doug Montgomery asked if
there is an ordinance that requires a connection. Several others spoke
voicing concerns. Dr. Mullins spoke for PUD citing how Corte’s had
developed the other property surrounding him including Rock Creek, The
Woodlands, Sandy Ford and how it was first class. Robbin Gregory spoke to
the question of not having stub out going into other subdivisions. He said
they would not be opposed to eliminating them, they were just adhering to
requirements. Mr. Montgomery asked if they would be in compliance with
one way in and one way out . He was told this could be handled through the
subdivision regulations and an exception could be made but the answer was
yes. The public hearing was closed. There was a ten minute break and
when the meeting resumed at 6:40 the Commission members asked
questions of the developer regarding the heights as proposed, development
not looking like Airport Blvd in Mobile, possibly setting commercial 100 ft
back and conceal as much as possible. Gregg injected that as late as today
they are still working with them on site plan. Bob Clark asked about the big
box issue with comprehensive plan and Arthur said this was approved in
1995 and predated comp plan adoption regarding Greeno Road. Gary
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Page four – August 7, 2006
Moore suggested at least 100 ft. greenbelt buffer around commercial with 75
ft on Parker Road. Mr. Corte was thanked for working with the subdivisions
and planning department and commission. After all questions answered
satisfactorily, Mayor Kant moved to recommend approval of the PUD to the
City Council with the following conditions:
The proposed height would not be more than 40 feet on mixed use and 35
feet on everything else.
They would maintain the natural easement to the Woodlands
Any phase going into Rock Creek and Sandy Ford would not be opened
until such time Highway 13 is developed.
A natural bridge or access to Highway 13 be put in before the southeast
corner phase next to the Woodlands is developed.
and to include the conditions of approval that Gregg Mims presented at the
outset of the meeting.
Lee Turner 2nd the motion and it carried with two nay votes by Gary Moore
and Jean Wilson.
SD06.37 Preliminary Plat Approval request of EDS of Fairhope Falls,
Phases 1A, 1B & 2, 150 lot subdivision (generally located on the west
side of Fish River, adjacent to the south side of Highway 104 and the east
side of Langford Road) This had been carried over from the July 5th meeting
to give Dan McCrory time to work with the developers on how the city would
serve the development. Jonathan Smith read the staff recommendation
saying the water and sewer issue had been resolved and all requirements
met. The property is not located in the city and is not zoned. These phases
contain 120.54 acres and 150 lots and will be a village subdivision. The
design and concept is in keeping with the goals and objectives of the
comprehensive plan. The greenspace exceeds the minimum requirements
of the subdivision regulations and copies of the traffic impact and access
needs study have been provided showing turn lanes being provided into the
subdivision which have been approved by ALDOT. General requirement -
FFE of 24” above the highest centerline elevation on the adjacent roadway
will be required for lots located in the flood zone and a note placed on the
plat saying this. Staff recommendation was to approve. Discussion led to a
motion by Dan McCrory to approve, Cecil Christenberry 2nd the motion and
it carried unanimously.
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SD06.40 Site Plan Approval of Berrington Place a 225 lot Village
Plan/Moore Engineering & Surveying(Generally located on the west side
of Langford Road, south of Highway 104) Jonathan Smith said this was also
carried over from the July meeting and was tabled in order for the applicant
to address concerns associated with double frontage lots and additional
access. He said the proposped common area along Langford Road has
been increased from 10’ to 20’. In addition the developer has agreed to
incorporate a sidewalk, berm and irrigation system. The design of the berm,
landscaping details and irrigation design will be submitted for approval at the
preliminary approval submittal. A note has been placed on the plat that all
lots within the subdivision that abut this common area shall only have
access from the streets within the subdivision and not via Langford Road.
The streets will be built to city standards and the developer has committed
to planting a minimum of 350 over-story trees along the streets, park areas
and retention areas. A second access street has been proposed to connect
the subdivision to Langford Road. He said a draft copy of detailed
covenants and restrictions has been submitted and a total of 9.44 acres has
been provided for greenspace. Staff recommendation was to approve. Seth
Moore spoke for the developer. He said the sidewalk would be woven
throughout the subdivision. When questioned about the turnarounds he said
he plans a T-type. Mayor Kant reminded him that a fire truck or garbage
truck needed to be able to maneuver in these spaces. Mabry Stone,
adjacent property owner spoke saying he that this ought to be done right
from the start. The comment was made that the developer is committed to
the irrigation system on the berm and this will not be turned over to the
property owners until the last lot sold. Further discussion led to a motion to
approve staff recommendation. Dan McCrory 2nd the motion and it carried
with Gary Moore and Jean Wilson opposed.
SD06.44 Final Plat Approval of Copper Key, request of EDS (Generally
located south of Lawrence Road east of and adjacent to Quail Creek
Estates Unit Four B) Jonathan reported that the property is located in the
city and is zoned R-1and contains 13.04 acres and 19 lots. He said a final
inspection was completed on June 23 and all items have been completed.
Staff recommendation was to approve. Joe Bullington was representing
EDS. A motion was made by Dan McCrory to approve, Bob Clark 2nd the
motion and it carried unanimously.
SD06.46 Minor Plat Approval of Peterson Medical Park/Baskerville-
Donovan (Generally located on the southwest corner of Greeno Road and
Middle Street, just south of Holiday Inn Express) Jonathan said the property
is not located in the city and is not zoned. The property contains 2.87 acres
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Page six – August 7, 2006
and they are proposing a 3 lot subdivision. He said all lots will be accessed
by a common driveway coming out on Greeno Road. He said the property
includes 0.27 acres of wetlands and the engineer has provided a copy of the
wetland permit application that has been filed with the Corps of Engineers
and irrigation will be provided in the center of the cul-de-sac. Staff
recommendation was to approve. Further discussion led to a motion by Lee
Turner to approve as per staff recommendation. Dan McCrory 2nd the
motion and it carried unanimously.
IR06.10 Informal Review request of Scott Hutchinson of a proposed
development, Colony Oaks, is located on the west side of North Bancroft
Street just north of Pine Avenue. Jonathan said the property is located in
the city and is zoned B-2. The proposed building footprint is 7,845 square
feet. It was recommended that input be given. Richard Casey spoke saying
that this was looked at before and approved with residential upstairs and
retail below including his wife’s studio. He is now asking for a 4 lot
subdivision with 3 of the 4 containing townhomes and the 4th will be his
wife’s studio which will be single story. This property contains 3 heritage
oaks that they plan to preserve. Bob Clark said when they came before he
agreed with what was presented and we have stuck to retail on bottom and
residences on top and he would have trouble changing now.
Discussion was held on the updating of the Comprehensive Plan and Gregg
told the Commission that he appreciated all the time and input that has
been given and said they are still fine tuning, looking at accessory dwelling
units as mentioned and the Mayor mentioned rentals and the problems we
are having with rentals in residential neighborhoods. Traffic saturation was
also mentioned. Gregg said they should have it together in about 2-3 weeks
and also give some direction about what we can and can’t control, continue
to study and have everything ready for the September meeting.
There being no further business, meeting was duly adjourned at 8:25 PM.
__________________________ _____________________
Richard N. Charles, Chairman Betty Rivenbark, Secretary