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HomeMy WebLinkAbout10-02-2006 Planning Commission MinutesThe Fairhope Planning & Zoning Commission met Monday, October 2, 2006 at 5:00 PM at the City Administration Building, 161 N. Section Street in the City Council Chambers. Present: Richard N. Charles, Chairman; Jean Wilson, Dan McCrory, Bob Clark, Gary Moore, Lee Turner, Ed Brinson, Cecil Christenberry. Planners Jonathan Smith, Nancy Milford; Secretary, Betty Rivenbark, Emily Irby Absent: Gregg Mims, Timothy M. Kant The minutes of the September 5, 2006 meeting were duly considered and approved on motion by Dan McCrory, 2 nd by Ed Brinson and unanimously carried. An election of officers was held and Gary Moore reported polling the members and offered the following slate: Jean Wilson, Chairman; Dick Charles, Vice-Chair; Betty Rivenbark, Executive Secretary and so moved, Bob Clark 2 nd the motion and it carried unanimously. Mrs. Wilson chaired the meeting. ZC06-17 Stone Creek, LLC, North Village PUD amendment . The property is located on the east side of Highway 181, just south of County Road 44. Jonathan Smith reported that the property is located in the city and is zoned PUD and contains approximately 63.61 acres and they are proposing to modify the previously approved North Village at Stone Creek. The proposal to modify involves transferring residential density from the commercial phase of the project to the residential phase of the project, increasing the western project buffer along Hwy 181 by 45 ft., reducing the number of mini-storage units planned, transferring these to the Northwestern most phase, reducing the number of commercial buildings from 10 to 6 and adding a clubhouse and pool. He said the 30 residential units that were above the retail have been moved into the residential phase to the east which will take the mixed use out of the commercial phase and increase the residential phase but overall residential density will not increase, 110 residences are planned. The mini-storage buildings are being reduced from 12 to 8. Staff is recommending 1. Provide an 8 ft. opague fence inside the 20 ft landscaped buffer on the north and east sides of the mini-storage building phase and the applicant has agreed to leave all existing vegetation in the 135 buffer between the mini-storage building area and St. Hwy 181. 2. An architectural fac;ade incorporated into the sides and faces of the mini- storage buildings that can be seen from Highway 181 and the main entrance into the development. 3. All building in the development shall be set back from the wetlands on the site by at least 20 ft., 4. All materials used for site grading and building pads shall be in compliance with the City of Fairhope's Red Soil and Clay Ordinance. Pat Achee and Robbin Gregory spoke and spoke on the highpoints of the changes that Jonathan had already Planning & Zoning Commission October 2, 2006 -Page Two mentioned. Pat Achee mentioned that they also did a tree survey and identified the large trees and that they want to save as many oaks as they can. The public hearing was opened and Jim Smith spoke saying he liked this plan better, not opposed to development but said he felt they should do selective clearing, that some of the trees they might cut down now would be nice in ten years. W. T. Walley spoke and asked if they had considered the state widening the road and they said they had. He also asked how it would affect him and was told that this was annexed into the city but his property is not. The public hearing was closed. Lee Turner questioned the proposed 8 ft. fence saying that maybe landscaping better. Robbin Gregory said that they had already gotten approval on the PUD and that they would like to not to have to be required to put up the fence and also keep the 10 ft. setback approval on the wetlands. Further discussion led to a motion by Lee Turner to recommend approval of the PUD amendment and not require the 8 ft. fence but keep the 135 ft existing vegetation buffer between the mini-storage building and State Hwy 181 and keep setback from the wetlands at 10 ft as originally approved, with architectural facades on the faces of the mini-storage buildings that can be seen from Hwy 181 and all materials used for site grading and building pads shall be in compliance with the City's Red Soil and Clay Ordinance. Dan McCrory said there is a water problem but he feels sure they can work it out. Ed Brinson 2 nd the motion and motion carried with Bob Clark, Gary Moore and Dick Charles voting against the motion to approve. ZC06-18 Re-zone request from R-1 Low Density Single Family Residential to PUD for Greeno-Gayfer Medical Park, application of Bones and Babies, LLC. The property is located on the southwest corner of Greeno Road and Gayfer Avenue. Jonathan Smith reported that the subject property is located in the city and is zoned R-1 and contains 3.97 acres. He said a two building medical office development is proposed with two habitable stories each with 166 parking spaces. He said although the comprehensive plan warrants this type development it does not warrant decreasing adjacent residential property owner's quality of life. Staff cannot support a development of this size and nature in this area and what proposed does not fit in with the small-scale residential character and architectural style of the surrounding properties. Recommendation was denial. Mike Warrington of BES spoke and commented that they would do all they could to save the big trees on the lot except of course the one in the middle. The public hearing was opened with several people speaking: Dan Matthews, a physician and one of the principles of Bones and Babies. told of the need due to the growth and said they have run out of space and can't accommodate their patient load now. He mentioned the complex on Morphy Avenue by the hospital and said it is screened and not very Planning & Zoning Commission October 2, 2006 -Page Three visible to the residential neighborhood that they are hoping this would be a similar situation, he also said this would be the best type business next to residential as it would be a 8-5 PM and then no disturbance in the evening. A Tony Hooper spoke against it saying that the parking lot would back up to her residence and that she already hears the boom boxes on Greeno Road. Larry Stejskal spoke, opposed stating the impact it would have on the neighborhood. He said his family owns the three lots undeveloped on Westley and that they have left them there as a buffer for a reason, he said if it goes forward he would request no entrance/exit on Westley and also said this is spot zoning. He also said if they are including his lots in their buffer area he would consider that illegal and a taking of his land. Jean Fountain of Edwards Ave. spoke against it citing heavy traffic now. Blanche Wise spoke against it also saying there should be no ingress/egress on Westley. Hop Allen spoke for his daughter who lives on Westley, against commercial rezoning and said this would have domino effect on Greeno Rd if rezoned. Ron Ross spoke saying he just bought the lot across the street on Gayfer and would be directly across from a parking lot and also cited traffic it would cause, he is opposed. Megrez Rudolf cited all the commercial that is coming in to our small community and is opposed to high density commercial. Shelley O'Sullivan of Edwards Avenue, opposed. Jean Smith of Ingleside Terrace, against. Bobby Green against. The public hearing was closed. Dick Charles questioned the entrance/exit on Westley and asked if all could be off of Greeno Rd and was told that this was a requirement for emergency vehicles. Gary Moore asked about the 45 ft setback and was told it was a requirement of State. Further discussion led to a motion by Dick Charles to table this for 30 days to give them time to possibly redesign, decrease density, work on access points and work with staff. Ed Brinson 2 nd the motion and it carried unanimously. ZC06-19 Zoning request of R-5 High Density Dwelling Residential District concurrent with annexation of Battles Point, property located on the northeast corner of the intersection of Section Street and Old Battles Road. Request of Point Clear Development, LLC. Jonathan Smith spoke regarding this application saying this is unzoned property containing approximately 40. 70 acres. He said further the applicant has agreed to cap the maximum allowed density for the property at five units per acre. He said a site plan had been presented showing multi-family development and amenities including a network of pedestrian circulation paths, gazebos, open space, a pool and a common building. Staff recommendation was to approve request contingent upon the maximum allowed density for the subject property being five units per acre. Anthony Kaiser of Rester and Coleman said he was representing the development. The public hearing Planning & Zoning Commission October 2, 2006-Page Four was opened and Beth Brodbeck spoke saying she owned the property to the north and asked what planned for the property. The public hearing was closed. Further discussion led to a motion by Lee Turner to accept staff recommendation and recommend approval to the City Council. Gary Moore 2 nd and motion carried unanimously. SD0G-50 Minor Subdivision approval of Colony Oaks, request of HMR, LLC., Tom Granger (Generally located on the west side of north Bancroft Street just north of Pine Avenue). Nancy Milford reported that this is a 4 lot subdivision that will be accessed by a common drive that will be maintained by the property owners. A 20 ft. front setback is required but the applicant is requesting 10 feet to work with maximum tree preservation. Nancy said that pervious pavers will be used on site to facilitate storm water. A flow model was submitted but did not meet the standard review requirements, Dan McCrory told Mr. Granger to come sit down with him and work it out. Dick Charles moved to approve with 10 foot front yard variance request and use of pervious pavers, Ed Brinson 2nd the motion and it carried with two abstentions: Lee Turner and Gary Moore. SD0G-51 Final Plat approval of The Meadows at Point Clear, John Avent of EDS, LLC (Generally located on the southeast corner of the intersection of Section Street and Dairy Road) Nancy Milford said this property is not located in the City and is currently unzoned. It contains 34.06 acres and 71 lots are being proposed in this request. She said that a punch list inspection has been made and approval is recommended as requested, conditional upon issuance of the maintenance bond, street trees planted at intervals specified in the Tree Ordinance, and the replacement of the fire hydrant at Bruwick and Selden Avenue. David Diehl represented EDS. Discussion was held and it was determined some of the punch list items had been taken care of which led to a motion by Dick Charles to approve as per staff recommendation with conditions outlined above and remaining items resolved. Bob Clark 2 nd the motion and it carried unanimously. Dick Charles moved to hear the next two items together as consent agenda items. Motion carried unanimously. Lee Turner left the meeting at 6:25 PM. UR06.01 Request of Fairhope Public Utilities for an 11.52.11 review of a proposed installation of 1100 feet of a two inch sewer line to be located along Phillips Place Road approximately four feet off the edge of the road. Dan explained the need for this and staff recommendation was approval Planning & Zoning Commission October 2, 2006 -Page five UR06.02 Request of Fairhope Public Utilities for an 11.52.11 review of a proposed installation of 1100 feet of a 2 inch gas line to be located along Phillips Place Road approximately 5 feet off the edge of the road. Dan explained this also and staff recommendation was approval. Dan McCrory moved for approval, Dick Charles 2nd the motion and it carried unanimously. Under new/old business, Gary Moore asked about the status of our Comprehensive Plan and Nancy Milford said Glen LeRoy is scheduled to be down for the November meeting. Gary also extended a heartfelt" thank you" to Dick Charles for his many years serving as Chairman of the Commission. There being no further business, meeting was duly adjourned at 6:30 PM.