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.