HomeMy WebLinkAbout05-07-2007 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday,
May 7, 2007, at the City Administration Building, 161 N. Section Street
at 5:00 PM
Present: Jean Wilson, Chairman; Dick Charles, Tim Kant, Dan McCrory,
Bob Clark, Lee Turner, Ed Brinson, Mike Ford. Gregg Mims, Jonathan
Smith, Nancy Milford, Planning Department; Betty Rivenbark, Secretary;
Chris Gill, Advising Counsel. Absent: Gary Moore
The minutes of the April 2, 2007 meeting were considered and approved as
written on motion by Dick Charles, 2nd by Lee Turner and unanimously
carried.
The Chairman announced that Items SD07-15, IR07-05 and IR07-06
were withdrawn and would not be heard at the meeting tonight.
SD07-13 Preliminary Plat of North Village at Stone Creek (Generally
located on the east side of Highway 181 where Twin Beech Road (Cty Rd
44) dead ends. Jonathan Smith spoke to the application and said the
subject property is the site for the North Village at Stone Creek PUD and the
total tract area is 63.61 acres+ and 4 lots are proposed. He said lot 1 is the
site for mini-storage and 2 commercial buildings; lots 2 and 3 are
commercial building sites; and lot 4 will be the multi-family phase of the
PUD. He said the original North Village PUD site plan was approved on
May 11, 2006 and since then an amended PUD site plan was approved by
the city council on November 13, 2006. The original PUD Site Plan
indicated a 10 ft buffer between the development and the wetlands on site.
In the PUD amendment process, the City Council required, as a condition of
approval, a 20 ft. buffer between the development and the wetlands. As a
result, the most recent amendments to the Fairhope Subdivision regulations
the applicant is required to provide a 30 foot wetlands buffer. The applicant
is requesting a waiver to this requirement and would like to maintain the 20
ft. buffer previously approved. Staff recommendation was approval
contingent upon the applicant revising the Preliminary Plat to show a
30 ft wetlands buffer. Danny Calhoun spoke for the applicant addressing
the waiver request saying that they understood the new sub regulations
would go into effect in June and the additional 10 ft requirement would mean
a delay, causing them to redraw the plans and reengineer, it is not fair to
penalize them after the 20 ft. was already approved. They plan to keep the
wetlands in its natural state, have no desire to develop this property. Robin
Gregory said he agrees with the comments that Mr. Calhoun gave. Lee
Turner said as far as he is concerned it is a win/win situation in that they will
not be filling the wetlands and it will stay a conservation easement that the
Corps could actually grant filling of the wetlands. Dick Charles said he
thought the staff recommendation was a good one. Mike Ford said it
Planning & Zoning Commission
Page Two – May 7, 2007
appears they have cooperated with the city and it doesn’t seem right to ask
for 10 more feet now. Bob Clark said he agrees with Mike Ford and Lee
Turner, not the fair thing to do. Lee Turner moved to accept with the 20 ft
wetlands buffer easement, Mike Ford 2nd the motion and the motion carried
with one opposing vote by Dick Charles.
SD07-14 Minor Subdivision approval Shellbrook Point/Thomas N. Ward
of Gateway Companies. Generally located on the south side of Twin
Beech Road just west of Greeno Road. Jonathan Smith gave the staff
report saying this is a two lot division containing 45.60 acres. Lot 1 is in the
City and is zoned R 5. Lot 1 is the proposed site for the Shellbrooke Pointe
apartment development containing 12.23 acres. Approval of this subdivision
was given on March 5, 2007 and the applicant volunteered to cap the
maximum allowed density for this property at 8 units per acre. Lot 2,
unzoned land in Baldwin County contains 33.37 acres and there are no
plans for lot 2 at this time. This is the same application with the exception of
the omission of the required 60 foot future right of way easement through lot
2 which was previously shown on the plat. The property owners are now
requesting a waiver from the minimum street standards in the subdivision
regulations. Staff recommendation was to deny the application due to the
Plat not meeting the City’s minimum street standards and the waiver request
not meeting the “Waiver Standards” in the subdivision regulations. Staff
feels that granting the waiver will have the effect of nullifying the purpose
and intent of the subdivision regulations. Jonathan Mitchell Davenport of
Gateway Companies said what approved in February prevents the
landowners from developing their property as they see fit. A.J. Cooper
spoke and said there was no consultation in the Twin Beech area, no traffic
study and they just received notification the 17th of April. He mentioned the
fact that they cut down over $175,000 worth of trees and owe the city this
money. He said all of these reasons are reason to deny the application.
Further discussion led to a motion by Dick Charles to uphold staff
recommendation and deny the application for the reasons they stated. Lee
Turner 2nd the motion and it carried unanimously.
ZOA 07 -01 Proposed changes to the Zoning Ordinance. Jonathan
explained that these changes are intended to remedy issues/problems
regarding site density, RV storage, commercial and industrial building
materials, buffer widths and plant materials, lighting, sidewalks in the CBD
and the definition of “family” and short term rentals. Jean Wilson said we
would take them one by one.
Planning & Zoning Commission
May 7, 2007 – Page Three
Article III
Section C. Dimension Standrads
Table 3-2: Dimension Table – Lots and Principle Structures
• Added Allowed Units Per Acre (UPA) to Minimum Lot Area Column
for each zoning district
• R-4 – 10,500 s.f. for two dwelling units plus 6,500 s.f. for each
additional unit/7 UPA
• R-5 – 10,500 S.F. for two dwelling units plus 4,100 s.f. for each
additional unit/10 UPA
Dick Charles moved to approve, Lee Turner 2nd the motion and it carried
unanimously
Section D. Special Conditions for Uses
7. Storage and Parking of Trailers and Commercial Vehicles
● C Site Requirements – Number 2: No travel trailer, hauling trailer, utility
trailer, boat, or boat trailer, motor home or commercial vehicle shall be
parked or stored in the front yard, or on corner lots, in a side yard abutting a
public right-of-way or upon the right-of-way. The length of said vehicle
shall not exceed twenty-eight feet (28’).
● C. Site Requirements – Number 3: These vehicles shall be allowed in
a side yard only if the rear yard cannot be reasonably accessed.
Topographical features, the existence of mature trees or the existence
of properly permitted and constructed structures which prevent rear
yard parking is sufficient to establish a lack of rear yard access. If
parked in the rear yard, a hard surface pad with access shall be
provided by either a hard surface drive, hard surface drive strips or an
access drive constructed of turf block materials. All vehicles covered
by this section shall have a minimum side and rear setback of six feet
(6’). No vehicle covered in this section shall be located in a side yard
containing a driveway.
A motion to adopt changes was made by Dick Charles, Lee Turner 2nd the
motion. A long discussion followed and motion did not pass by the following
vote: For: Dick Charles, Lee Turner; Against: Tim Kant, Dan McCrory Bob
Clark, Jean Wilson, Ed Brinson, Mike Ford
10. Building Materials on Certain Commercially Zoned Property
● 10. Building Materials on Commercial and Industrial Zoned Property
● a. Intent: The intent of the special conditions on building materials for
certain commercial and industrial zoned property is to prevent negative
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Page Four – May 7, 2007
visual impact, provide attractiveness and beautification on and protect
property values on major thoroughfares in the City.
● Deleted – b. Location Restrictions: The special conditions in this
section shall apply to any commercially zoned property that fronts on
or has access to: (1) US Highway 98/Greeno Road (2) Fairhope Avenue
(3) Section Street
● c. Site Requirements: No commercial building or portion of a building
visible from a public street or right-of-way shall be exposed metal. A façade
of some type or material shall be used to visually screen the metal from the
public street or right-of-way. No front or side of any industrial building
shall be exposed metal.
After a lengthy discussion on how this may affect our industrial district
a motion was made by Tim Kant, 2nd by Ed Brinson to table for 30 days.
Motion carried unanimously.
Article IV
Section B. Screening, Lighting and Landscape Material
2. Screening
● b. In any district where a commercial/industrial use abuts a
residential use, screening/buffering shall be required. Acceptable
screening/buffering shall include a wall or fence of solid appearance,
or tight evergreen hedge not less than six feet(6’) in height and a
twenty foot(20’) landscaped buffer containing at least one (1)
overstory tree and five (5) shrubs per every twenty-five linear feet
(25’).
3. Parking Lot/Open Area Lighting
● Parking lots with 50 or fewer spaces and open area requiring lighting
for general purposes shall have light poles that do not exceed 10 feet
overall height. Parking lots having more than 50 spaces shall have light
poles that do not exceed 20 feet overall height. Luminaries of a sharp
cut off design to shield light source above 72 degrees from vertical and
providing 1.0 average maintained foot-candles with the following
uniformity ratios: 3: 1 average/minimum* (.33 FC minimum), 12:1
maximum/minimum* (4.0 FC maximum) are required in all cases. Public
facilities such as lighted ball fields are excluded. A photometric grid shall
be furnished by developer at time of building permit application.
Lee Turner moved to approve this amendment with changes, Tim Kant
2nd the motion and it carried unanimously.
Planning & Zoning Commission
Page Five – May 7, 2007
Article V
Section B. CBD – Central Business District
5. Fencing
● e. Sidewalks shall be a minimum of eight feet (8’) in width for all
new construction
Dick Charles moved to approve amendment with changes, Bob Clark 2nd
the motion and it carried unanimously.
Article IX
Section C. Defined Terms
● Family – Deleted (One(1) or more persons occupying a single
dwelling unit and using common cooking facilities, provided that, unless
all members are related by blood, adoption or marriage, no such family
shall contain over five (5) persons but that such family may also
included gratuitous guests and servants in addition.
●Short-Term Rental – Includes any person, firm, entity, partnership,
trust, corporation, association, or organization who is renting a
dwelling for less than four (4) consecutive weeks. Shore-term
Rentals shall only be allowed in the R-4, R-5, B-1, B-2, B-3a and B-
3b zoning districts. Short-term rentals shall be subject to the
Business License Code of the City of Fairhope.
Discussion was held and Dick Charles moved to approve Article IX.
Motion died for lack of a 2nd. Mike Ford moved to accept Family and
discuss Short Term Rental separately, Ed Brinson 2nd the motion and it
passed unanimously. Short-Term Rental – Tim Kant recommended that
Chris Gill our attorney come up with language regarding the short term
rental portion.
The By-Laws of the Planning and Zoning Commission amendments
were considered and Dick Charles moved to accept as modified. Lee
Turner 2nd the motion and it carried unanimously. (Copy in File)
Nancy Milford presented the Operations and Maintenance Plan and
Agreement for Maintenance of Detention Facilities and asked that the
commission members study it.
Debra Green presented two letters – attached to minutes
The meeting was duly adjourned at 6:30 PM.
________________________ ______________________
Jean Wilson, Chairman Betty Rivenbark, Secretary