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HomeMy WebLinkAbout09-05-2006 Planning Commission Minutes The Planning & Zoning Commission of the City of Fairhope met Tuesday, September 5, 2006 at 5:00 PM at the City Administration Building, 161 N. Section Street in the Council Chamber. Present: Dick Charles, Chairman; Tim Kant, Dan McCrory, Bob Clark Gary Moore, Lee Turner, Ed Brinson, Cecil Christenberry. Planning Director Gregg Mims, Planners Jonathan Smith and Nancy Milford, Secretary Betty Rivenbark. Absent: Jean Wilson The minutes of the August 7, 2006 meeting were duly considered and approved with minor corrections made on motion by Gary Moore, 2nd by Ed Brinson and unanimously carried. ZC06-14 Re-zoning request from R-1 Low Density Single-Family Residential to PUD Planned Unit Development by Scott Hutchinson of HMR, LLC/Volanta Park. The property is located on the south side of Volanta Avenue across the street from Volanta Municipal Park. Jonathan Smith read the comments from the Planning Staff and said this property contains 19.19+ acres and the applicant is proposing a multi-family apartment complex containing 205 units with 41 multi-family apartment buildings, a pool, gazebos, clubhouse, lake with walking path, and office building. He said the parking provided exceeds the minimum parking requirements by 38 spaces and building height though not shown on site plan will be limited to 35 ft. All of the surrounding area abutting the project is R-1 zoning. The applicant is proposing to build private structures in the existing McKinley Public Right of Way and private structures are not allowed in the public right of way. Staff recommendation was to deny the application due to size and density for this site and single family character of the surrounding area. In discussion it was pointed out that there is a 42 foot drop from the north to the south boundary and there are definite drainage and water runoff concerns. It was also stated that the last plat of record showed 120 lots – 6.3 units per acre and this is a density increase of 71%. Bill Lewis of Seaman Capital, LLC, the developer, addressed the commission saying they had beat about the issues and researching what would be best for Fairhope. He proceeded by showing prototypes he had of proposed buildings that looked like something already constructed in Georgetown. His drawing showed McKinley Avenue not opened all the way through to Audubon and he said he understood this was now used as a walking trail. The Mayor interjected at this time that the City was contemplating putting in a 10 ft wide sidewalk where this trail is now that North Ingleside runs to Volanta Ave. Mr. Lewis went on to explain they plan a coffee shop and rental office at the end with parking underneath each level and graduated levels, shooting for retirees, 55 years of age and older, a retention pond is planned for the southwest corner. He was asked and Planning & Zoning Commission September 5, 2006 – Page Two responded that all water would be piped within the PUD to the retention pond. He also said the project would be surrounded by a privacy fence. Mr. Charles told him that it could not be a gated community. They compared this to Arbor Gates. He was quickly told this property is surrounded by R-1 Low Density Residential zoning where Arbor Gates is not. The public hearing was opened and several residents spoke citing: ownership better than renting, drainage problems that occurred before, bought property on Audubon Place with expectation that surrounding property would remain R- 1, this change would affect property values, erosion, surface water runoff and destruction of ecotrail, density, horrendous traffic problem, safety, not consistent with comprehensive plan, the wrong project in the wrong place, don’t need rental property problems. The public hearing was closed. Mayor Kant said that Ingleside is a dedicated street and that the city is considering this area for a proposed 440 back up line to the electric sub station already up the street. Bob Clark said he liked what proposed but could not vote for it in that location, Dan McCrory said we would be increasing the density 3 1/2 times, not for it. Further discussion led to a motion by Bob Clark to accept staff recommendation, due to single family character of the surrounding area, to deny rezone request and forward that recommendation to the City Council. Cecil Christenberry 2nd the motion and it carried with two abstentions: Lee Turner and Gary Moore ZC06.15 Zoning of M-2(General Industrial District) concurrent with annexation for property located on the west side of Highway 181 just south of County Road 44 application of RLF Baldwin Properties, LLC. Nancy Milford said this property is currently utilized as a clay and sand pit and contains 53.54 acres. The applicant desires to re-permit the existing sand and clay mining operation, which is being currently reclaimed to accept vegetative debris and concrete debris and to operate as a recycling and disposal center for inert unregulated materials. The applicant also proposes a 100 foot landscape buffer along the property that fronts State Highway 181 and a 50 ft buffer along the remaining perimeter of the property. This operation conforms to the purpose and intent of the M-2 General Industrial District. Staff recommendation was to approve with 100 ft landscaped buffer (consisting of primarily native vegetation) along all property lines of the property. Said buffer to be installed within 90 days of annexation and zoning into the City of Fairhope. Nancy said further that as part of the applicant’s request to rezone, the applicant has voluntarily accepted to limit the site operations to ADEM permitted C&D Landfill operations. At no time shall the site activities exceed those for a regulated C&D Landfill and all operations should comply with all of the standards set forth in the ADEM regulations for a C&D landfill. Brooks Delaney spoke for this application saying he was one of the owners and he had approached Jennifer Fidler about this about a Planning & Zoning Commission September 5, 2006 – Page Three year ago. In pursuing the idea they found they would have to be annexed and zoned M2 before the host authority would even consider granting permission to them to operate a C&D Landfill. Jennifer Fidler spoke and said in about a year the current landfill will be full and it is true they will have to find another site. The public hearing was opened. Greg Leatherbury spoke and suggested a specific zoning classification instead of M-2. Gregg Mims interjected that the applicant as a part of the request to rezone has voluntarily accepted to limit the site operations to ADEM permitted C&D landfill operations. John McDonald spoke saying his interest was because this was next to the Police Firing Range and would this interfere with it, the answer was no. Pat Achee spoke saying he was the developer for Stone Creek which is being developed across the street and brought up that they would be building 150 - $300,000 homes across the street from a dump and questioned whether this would be the best location. Tim Kant said that they would have to go before the City Council and through a permitting process, they can currently use as is that we could limit the height and this all would be in the ADEM approval process; it would be an improvement to what there now. Tim Kant said they only get permitted for five years at a time and he told Mr. Achee he could be part of the discussion. Mr. Delaney said that it sounds fair to fill the hole to what you see now, ground level. The public hearing was closed. Gregg Mims said even though he is familiar with the conversation he wanted everyone to know the work that was done by his staff was done on planning only, there was no pressure put on his staff. Bob Clark asked Jennifer again about the condition of the present landfill and she said we were one year away from having to have a new site. She told of the types of material that could be put in a C& D Landfill. Lee Turner questioned this being the best site as this flows into Turkey Branch and questioned pollution by these materials and it being to close to the watershed and wetlands. The M2 zoning was questioned again and Gregg said the applicant has agreed to conditions and would be limited to no more than what he has now. Further discussion led to a motion by Tim Kant to accept staff recommendation and include a 100 foot landscape buffer zone (consisting of primarily native vegetation) along all property lines with said buffer to be installed within 90 days of annexation and to include as part of the applicant’s request to rezone, the applicant has voluntarily accepted to limit the site operations to ADEM permitted C&D landfill operations. At no time shall the site activities exceed those for a regulated C&D landfill and all operations should comply with all of the standards set forth in the ADEM regulations for a C&D landfill and to limit height of fill to centerline of Hwy 181(fill to road height) and give favorable approval to the City Council, Ed Brinson 2nd the motion and it carried with Gary Moore and Lee Turner opposed to the motion. Planning & Zoning Commission September 6, 2006 – Page four ZC06-16 Zoning request of B-4 Business Professional District concurrent with annexation, application of George Roberds for property located just south of the intersection of Middle Street and Greeno Road. Gregg Mims told the commission members that the property is not in the City and is unzoned. The property contains 2.87 acres and a 3 lot subdivision(Peterson Medical Park) was approved on this property at the 8/05, 2006 meeting. Staff recommendation was to approve. The public hearing was opened and several residents spoke citing reasons for not having commercial next to their houses. The public hearing was closed and discussion was held among Commission members. It was the consensus that businesses of this nature would be the best use for this property. A motion was made by Ed Brinson to accept staff recommendation, and then amended to include an 8 foot privacy fence to the south, east and west with landscaping up to the fence and recommend said approval to the city council. Gary Moore 2nd the motion and amendment to include the fence and landscaping. Motion passed unanimously. SD06-45 Preliminary Plat Approval of East Park Subdivision application of McCrory & Williams ( Generally located on the north side of Parker Road just east of Highway 98) Gregg told the commission that the property is located inside the city and is zoned as a PUD consisting of 12.18 acres and 47 lots are proposed. The PUD was recommended for approval on 9/-6/05 and approved by the City Council on 10/24/05. Staff recommendation was approval as the proposed subdivision meets the requirements of the PUD and meets the minimum standards of the subdivision regulations. Discussion was held and all questions answered satisfactorily, a motion to approve was made by Dan McCrory, 2nd by Ed Brinson and later amended to include the installation of an 8 foot privacy fence between the PUD and residents on the North, East and South. Motion carried unanimously. SD06-47 Preliminary Plat Approval of Highway 32 Business Park request of Rester and Coleman (Generally located on the south side of Marlow Road just east of Equestrian Lane) Jonathan Smith told the Commission members that this site is made up of approximately 9.90 acres and is unzoned land in the County and all surrounding properties are unzoned. Twelve lots are proposed in the subdivision with the largest being 54,145 square feet and the smallest is 20,156 square feet. It is proposed that all lots will be accessed by a common public street off of County Rd 32 and lots 1 and 12 will be rear access lots. Staff recommendation was to approve. Discussion was held and Mayor Kant expressed his concern about Planning & Zoning Commission September 6, 2006 – Page five what is already a heavily traveled road and a recommendation was made that lots two and eleven have decel lanes. When questioned about what his proposed businesses might generate in the way of traffic Gary Cox said there would be very little impact on the area, might have retail interest but no manufacturing. The Mayor pointed out this is an unzoned area and questioned what going on with the county. Gregg said they had their first meeting last week and that they model their approval on worse case scenario. Further discussion led to a motion by Lee Turner to accept staff recommendation. Ed Brinson 2nd the motion and it was amended to include that the County Engineer sign off on a traffic study and carried with one no vote by Gary Moore. IR06-11 Informal Review of Dogwood Grove application of Scott Hutchinson of HMR, LLC (Generally located on the northeast corner of Valley Street and Middle Street) Jonathan Smith told the members that this property is located in the city and is zoned R-2 and contains approximately 3.09 acres and a 7 lot subdivision is proposed. The applicant has provided Option A and Option B sketch plans. He also said when considering minimum lot size and width requirements for R-2 zoning and connectivity requirements neither sketch plan meets the minimum city requirements. When studied separately, Option A meets the R-2 minimum lot standards but does not meet the city’s connectivity requirements. Option B meets the City’s connectivity requirements but does not meet the minimum lot width and lot area established for R-2 zoning. Staff recommendation was to give input. Thomas Toombes spoke saying he is one of the principals. Discussion followed on Option A with a stubout to the East and consideration of the driveway of Rose White, who the Mayor related had been forced off of property she had been on for years, seemed better. Mr. Toombes said he would get with Ms. White if necessary. Gregg pointed out that A violated the subdivision regulations with the looped street, generally B looked better with the reduction of a lot, have six instead of seven lots. In discussion the water problems were pointed out, flooding all the time the large trees that also exist on the property were talked about and their preservation. They were told they had many things to work out before submitting application for approval but would also have to meet subdivision requirements. Gary Moore did not participate in discussion regarding this project. Under new business Gregg mentioned that he had given each member a copy of the By-laws and asked them to review them. Chairman Charles appointed a committee of Jean Wilson, Gary Moore and Bob Clark to review By-laws and make a recommendation in three months. Gregg also mentioned October meeting was when officers were elected. Gary Moore Planning & Zoning Commission September 5, 2006 - Page six volunteered to poll the members for officer positions: Chairman, Vice-Chair and Secretary. Mayor Kant said he would like the Commission members to think about possibility of limiting approval of outside City Limit lots to one acre in size in future proposals. There being no further business meeting was duly adjourned at 7:50. ______________________ __________________ Richard N. Charles, Chairman Betty Rivenbark, Secretary