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HomeMy WebLinkAbout11-06-2006 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, November 6, 2006 at the City Municipal Complex, 161 N. Section Street Present: Jean Wilson, Chairman; Tim Kant, Dan McCrory, Bob Clark, Gary Moore, Dick Charles, Ed Brinson, Cecil Christenberry. Gregg Mims, City Planner, Staff: Jonathan Smith, Nancy Milford, Emily Irby and Betty Rivenbark, Secretary. Absent: Lee Turner The minutes of the October 2, 2006, meeting were duly considered and approved on motion by Dick Charles, 2nd by Ed Brinson. Motion passed with one abstention by Tim Kant. Jean Wilson asked about water problem with Stone Creek and Dan said it had been resolved. ZC06-18 Re-zone request from R-1(Low Density Single Family Residential) to PUD(Planned Unit Development) application of Bones and Babies, LLC. Property. Property located on the southwest corner of the intersection of Greeno Road and Gayfer Avenue. This was carried over from the last meeting after suggestions made for revision of what presented. Mrs. Wilson explained the procedure that would be followed: that staff would read their comments, the public hearing would be held and then commission would make a recommendation. Jonathan Smith gave the staff report saying this contained 23.97 acres and a two building medical office is proposed. He said the site plan has been revised to show the following: 1.The building now shown on the west side of the property was to be a two story building on the northwest corner. It has been changed to a one story building and moved to the southwest corner. 2. Ingress/egress for the property on Westley St has been removed. 3. A one way, right turn only exit has been added on the north side of the project flowing out onto Gayfer Avenue. 4. A larger buffer and open space area on the northwest corner of the property has been provided. 5. The building elevations have been revised to reflect a design that is more characteristic of the surrounding residential area. The building materials used will consist mainly of brick, stone, stucco, wooden trim features and metal roofing. He said the gross floor area totals 48,900 sq ft with the west building having 16, 500 ft and the east building having 20,200 sq ft. and 134 parking spaces are provided. Maximum building height is 35 ft. The applicant has agreed to provide a 30 foot natural and heavily landscaped buffer along Gayfer Avenue and Westley Street. Where natural vegetation does not exist, screening plant materials will be provided to ensure a substantial buffer between the site and residential areas. He said further this is not contrary to the Comprehensive Plan and staff recommendation was approval. Greg Terrell, a physician at Bayside Orthopaedic spoke saying they made a lot of changes to the design so it would fit in with the residential community. William Longardner, a physician said this office was established in 1977, and that they want to meet the growth and demands of the community. Their Planning & Zoning Commission November 6, 2006 – Page Two facilities are crowded. Mike Warrington spoke saying they had revised their plan based on the suggestions from the planning staff and comments at the last meeting. He went over the changes that Jonathan had mentioned above. He also mentioned they would be using concrete pavers, not asphalt and that this is a pervious material so the runoff will be about half. The public hearing was opened and 20 people had signed up to speak. Paul Nix presented a petition that said the zoning change would have a negative effect on the property values, it would affect traffic, noise and lighting for the area. Sixteen spoke, citing water problems already, lighting issue, traffic problems and safety of children and elderly who are on Gayfer, encroachment in R-1 neighborhood, and property values decreasing. Larry Stejskal spoke representing single family residential property to the north and west of the subject parcel and presented comments (in file) stating he felt it is spot zoning and he considers the use of the land that backs up to Westley as a taking and is illegal, that they should provide the buffer and not consider his land for that purpose. Two Bayside Orthopaedic personnel spoke telling of the overcrowding they are experiencing and wanting to meet the growth and medical needs of the community. The public hearing was closed at 5:50 PM. Further discussion followed and the commission voiced their opinions. Gregg Mims went over with the commission the recommendations they could make. A motion was made by Gary Moore to recommend denial of the proposed re-zoning to the City Council, Jean Wilson 2nd the motion. Motion did not carry as they were the only two voting for denial. Further discussion was held Cecil Christenberry said he feels this is destined to be commercial and asked if the neighbors would rather have a Taco Bell in their back yard. Bob Clark spoke saying that he had really struggled with this and when he had asked for advice from the Mayor on issues he never told him how to vote but said weigh all the issues, what is best for the area and community; that the medical community is clean industry and a big employer and vote your conscious; he feels that this area is going to be commercial and this is the best use for it. Further discussion led to a motion by Ed Brinson to accept staff recommendation and recommend approval to the city council Dick Charles said he would 2nd the motion but asked Ed if he would accept amendments to his motion. Dick said he would like to get a legal opinion on what Larry Stejskal is saying about the “taking of his land”, he wants an entrance on Gayfer included in the plans, additional buffer with staff to work this out and a traffic study done. Ed said he would accept these amendments. The motion passed with two nay votes by Jean Wilson and Gary Moore. Planning & Zoning Commission November 6, 2006 – Page three ZC06.20 Rezoning request from M-1 Light Industrial to B-2 General Business application of Craig Dyas/Little Nichols Marketing LLC Property located on the northeast corner of the intersection of Greeno Road and Nichols Avenue. Jonathan Smith gave the staff report saying that this property is located in the city and is zoned M-1 and it contains 1.78 acres. He said a conceptual plan has been presented and contains two phases. He said the first phase shows an 8,774 sq ft building along with a 1600 ft sub shop. The second phase building does not show a square footage. He said that the property is surrounded by M-1 site but many are being utilized for commercial uses. He said it is not contrary to the Comprehensive plan and staff recommendation was approval. Joe Ollinger was present representing Mr. Dyas.The public hearing was opened and closed with no comments. Dick Charles moved to support staff recommendation and recommend approval to the City Council. Dan McCrory 2nd the motion and it carried unanimously. SD06.38 Preliminary Plat approval of Stone Creek Phase II, generally located east of Stone Creek Phase I, off of the east side of State Highway 181 just south of Cowpen Creek presented by Volkert & Associates. Jonathan Smith gave staff report saying this contains 66 lots and is located in the City of Fairhope and is zoned PUD. That it contains approximately 34.75 acres. This had been filed in May but has been held over for four months due to issues associated with Fire Protection Water Flow and this has been worked out with the Water Department.. Staff recommendation was that it met requirements of the approved PUD and recommended approval contingent upon the following condition: All Fire Protection Water Flow issues associated with the project shall meet all applicable requirements of the City. Steve Pumphrey was present representing Volkert & Assoc. and spoke about the reduction of lots in the subdivision and the lots that backed up to the wetlands. Frank Leatherwood spoke saying these lots ended at the edge of the wetlands and that there is a 20 foot setback requirement. The question of a buffer plus a setback was asked about and it was answered that a setback is all that is required. Dan McCrory said they had worked out all of the ISO requirements and that there should be a letter on file at the Planning Office. Dick Charles questioned the dead end of a street and was told a temporary turnaround would be provided until it was cut through. Ed Brinson moved to accept staff recommendation, Cecil Christenberry 2nd the motion and it carried unanimously. SD06.52 Minor Subdivision approval of Bella Foresta request of William Parks of Speaks and Associates. Property is generally located at the southeast corner of State Highway 181 and County Rd 32. Planning & Zoning Commission November 6, 2006 – Page Four Jonathan Smith spoke on behalf of the planning staff saying this property is located outside the city and is not zoned. The property contains approximately 42.78 acres and a two lot subdivision is proposed. Jonathan said lot access is not planned for this plat however, when it becomes necessary all access shall meet the standards set forth in the rural subdivision plat. Staff recommendation was approval. Discussion followed and three people spoke, asking about who owns the property, the issue of this backing up to wetlands and plans. Mike Speaks said he represented the owners and the land will be cut into two lots and when it is further developed they will have to meet subdivision requirements. Donnie Walker spoke saying this backed up to Green Branch and all the water from this property will run to his property. Questions were raised about the east/west boulevard and Mr. Speaks said this could be changed it was just required for the application. Further discussion was on the possible wetlands issue and Jonathan Smith said he would make it a requirement that we have a certified wetlands delineation certificate before approval on any other plans. A motion was made by Ed Brinson to accept staff recommendation with addition of wetland delineation certificate required as part of approval. Dick Charles 2nd the motion and it carried unanimously. Gregg reported on the comprehensive plan work session and said he and Glen LeRoy have a clear understanding of the suggested changes and will have something by next Monday to mail out a draft of the proposed amended Comprehensive Plan and would come up at the December meeting for a vote. He said further that he would like to schedule weekly meetings with the commission and Neil Shaffer and asked when would be best time. Tuesday the 21st at 4:00 PM was set for the first meeting, it was also suggested discussing the by-laws at these meetings. Mayor Kant reported he is asking Gregg Mims for a report on the moratorium during his comments at the City Council meeting and told him that if they needed more time do not hesitate to say so. Meeting was duly adjourned at 7:10 PM ________________________ __________________________ Jean Wilson, Chairman Betty Rivenbark, Secretary