HomeMy WebLinkAbout08-04-2008 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, August 4,
2008, at 5:00 PM at the City Administration Building, 161 N. Section Street in the
Council Chambers.
Present: Jean Wilson, Chairman; Fran Slade, Bob Clark, Gary Moore, Dick Charles, Lee
Turner, Bob Gentle. Gregg Mims, Planner, staff Jonathan Smith, and Nancy Milford,
Chris Gill, Attorney and Betty Rivenbark, Secretary. Absent Tim Kant, Dan McCrory
The minutes of the July 7, 2008 meeting were approved as written on motion by Dick
Charles, 2nd by Bob Clark, with two abstentions by Jean Wilson and Gary Moore.
ZC08-06 Rezone request of Charles Leon Saltz from R3 High Density Single Family
Residential to B-4 Business and Professional Office. The property is located 200 ft.
west of the southwest corner of Fairhope Avenue and Bishop Road. Jonathan Smith gave
the staff report saying the property is currently developed as a daycare that is considered
a “grandfathered use” of the subject site. In April 2008 the parcel abutting the west lot
line of the subject property was rezoned from R-5 to B-4. He said the request is not
contrary to the Comprehensive Plan and not inappropriate for the subject site. Staff
recommended approval of the rezoning request. The applicant was not present to speak
to the request. Gary Moore had a conflict with the rezone request and excused himself
from the room. The public hearing was opened and John Reimer of 5 Troyer Court spoke,
reading a letter( in minutes) and presented a topo of the property, saying he does not
object to the rezone but cited stormwater problems that have occurred in the past and if
rezoned require a storm water pollution plan in compliance with Phase II of the Clean
Water Act and that this condition be passed on to all future buyers/builders so as to
minimize the increased potential damage from storm water to East Gate Subdivision.
Mrs. Marion McKnight, 7 Sumac Circle, spoke also presenting a letter and pictures
saying she is not opposed to rezoning but site and development plans should be presented
before the rezoning is approved. She read from her letter citing stormwater problems she
and her husband had incurred with standing water on their property and said that in 2004
after having water standing on their property for six months had to rebuild part of their
backyard and could not logistically do this again after development of the lot behind
them. She suggested conditional approval of the zoning change contingent to future
submission of development and site plans in a public hearing. Mr. Mims said he and his
staff are aware of the drainage issues in the area and said if rezoned approved could
stipulate all federal state and local laws be tied to approval
with the most stringent taking precedence. Lee Turner remarked that there is no retention
now and the situation could only get better, he moved to accept staff recommendation,
Dick Charles 2nd the motion, and motion and 2nd were later amended to include that all
federal state and local laws regarding stormwater be tied to approval. Motion carried
with one abstention by Gary Moore, and one no vote by Jean Wilson.
Planning & Zoning Commission
Page Two – August 4, 2008
Addtcss To The PlannU>3 Commission J\ugUSt 4, 2008
I. Madam Chaitman and gentlemen of this bottrd, my name i$ John Reimer and I th-eat S Troyer
Coun. 1'wo ofmy rieiQhbo.r-s arc "itbin 300 feet of Mr .Slllt7.'s propeny and were
notifJOd by mail ofth~ bearing.
2. My wife M.ld 1 went to Bay Miouct to get a topo map of lbis aff'octed area to use in de,~loping
fac1ual <Wa to aid in oar study of the prob!em and our roconmendadons..
:1 . Mt$. Marian Mc-Knistrt1s propt..-rty ha$ a saorm wa1er open ditch 6 foec below the clc,•arion of
1he Saltt's proper1y and this same open di1d1 extends ocross Hoffren Drive where i1 becomes
10 feet bc)ow the Saltz•, propcny. lb: 3Ceual ele\'ations ate shownoo the topo tmp wtlkh I
have gj,.~ t() )'OP,
4, Mrs. McKnight has shown piccurcs of her 6oodcd bac-Jc: yard after storm w1uers M.vc
accumulated. Sb¢ end her neighbors o:rt '"CfY ooncemcd that when thi.i propc-rty is re-zoned for
8--4 , l;i,tger buildings oould be built thereby decreasing the peroolation area aod increasing the
amount of storm water run off through her property and through East ()Mt SubdivisSorl..
S. The City Council has rccc:otly passed ao Otdin:uxe mtirig &h3t tbe City o( Fairhope is no1
rcspoosibJe fi>r iloodmg of pm111c property. Itowever► tbc Clean Water Act of 1912 was
amcndied tn 2003 to include cities ,\itha population of 10,000, or more, and where l:md
disu,1rbances of one nae, or mot\\ for ronsuuctlOfl aeiivhy must comply with Phnse U oft'be
Stonn Water PoUution Pm'eCllioll Plan (SWPPP), 'lnis Clean Water Act Pbnse-JI amendment
should be iinplemcmed in this re-zoning rcqucsa.
6. hi! rc,cord«I in the Planning Commis:don procedures. Article n, t.fw at this public bearing,
the board shall co1:isidcr one oftbc foDowiQg actions:
•· Grant of the r,qoested "'~(R-3 to 8-4).
b. Gram the requesicd relie:fwith specific conditions.
~ l)eQy I.be requested relic.-(, or
d. Conlinue discussion of the applic.'Uion for further study.
1, MN. Mc Knight docs not oije,ct to the board granting the ~uestcd re.lie( ll.S ofpa,agra.pb b
obo,'C:1 by allowing the 03)' Care Cttiacr propeny to be re.zoned from R-3 to 8-4 but v.ith specific
conditions. TI)eSC a,e:
1. 1'bn1 future construCliC>o oo this property require a Stonn Water Po1l1nion
Prt:vcmion Pinn (SWPPP) in compliance with Pkue U of the Clean Water Act.
2, Tba.t this condition be pass-ed on io all fu ture buye.rs,buiklers so 8$ 10 minimize
the increased poteutiaJ damase U'Om stonn water 10 East Gate Sulxlivisiou.
8. I trunk this board fo r allcming me an opportunity to 3S$isl my neighbors. and hope that J ha,,e
helped 10 oxpbin Mn. McKnight's and her adjacent homcowncn. oooccms.
Sh>«re~.Jog~ ~
08-04-08.4 10: 03 RCVO
Planning & Zoning Commission
Page Three – August 4, 2008
SD06-37 Preliminary Plat Approval - One year extension request of
Fairhope Falls. The property is located on the south side of Highway 104 just east of
Langford Road. Nancy Milford gave the staff report saying the property is located
outside the city and is not zoned. Phases 1A, 1B and II of the project contain
approximately 120.54 aces and 150 lots. The subdivision is following the village
subdivision process and the site plan was approved on April 3, 2006 with preliminary
approval given August 7, 2006. Under the sub regulations if final plat is not submitted
within two years the approval expires. The applicant estimates that 96% of the
subdivision infrastructure is built and approximately one month from total completion.
She went on to say the original application was submitted prior to the most recent
subdivision regulation amendments. She said the new subdivision regulations must be
adhered to and the following minimum changes must be met: Finished floor elevation
requirements must be revised; Buffer requirements (100 ft buffer from top of bank of
Fish River); Drainage requirements ( a letter and/or revised drainage plan stating that the
new drainage requirements have been met needs to be submitted with a watershed map);
BMP Treatment ( a letter stating the requirements will be met); Operations and
Maintenance Plan submitted, signed, stamped, by a professional engineer and recorded;
All required maintenance and financial guaranty agreements and bonds submitted; a
street lighting plan submitted; a topo map with an aerial overlay; new wording in the
engineer’s certificate on the plat as per sub regs Article IV Section D 18; final plans
submitted on disc in ADOBE PDF format; storm sewers shall be videoed(reflecting a
time and date stamp) and reviewed for approval by the County. Staff recommendation
was to approve the one year extension and provide staff guidance regarding new
subdivision regulation conditions since the subdivision is near completion. Russell
Lomax spoke saying they are requesting a one year extension and that they are 96%
complete with the infrastructure. He went over the things outlined by Nancy saying he
could comply with most but the 100 buffer requirement will affect them the most.
He said approximately 200 ft of Silver Creek Avenue and 10 lots may be inside the buffer
line. Discussion followed and after all questions answered
a motion was made by Dick Charles to approve staff recommendation with the exception
of the 100 ft. buffer requirement. Bob Gentle 2nd the motion and it carried with one no
vote by Gary Moore.
SD08-08 Minor Subdivision plat approval of Orchard Gate. Request of Monte
Nesbitt, two lots being proposed. The property is located on the southwest corner of the
intersection of Pecan Street and Dyson Avenue.
Nancy Milford gave the staff report saying the property is located in the city and zoned
R-2 containing .72 acres. Lot contains .27 acres and lot 2 .45
Planning & Zoning Commission
Page Four – August 4, 2008
acres. She said no new streets are proposed. Staff recommendation was to approve. A
motion to approve was made by Dick Charles, 2nd by Lee Turner,
motion carried unanimously.
IR08-05 Informal Review of North Village PUD- Amendment request of Volkert &
Associates. The property is located on the east side of Highway 181 just southeast of
where County Road 44 meets Highway 181.
Jonathan Smith gave the staff report saying the property is located in the city and is zoned
PUD. It contains approximately 63.61 acres and the applicant is proposing to modify the
previously approved and amended North Village at Stone Creek PUD. He said the
request is to change the residential layout and the previously approved site plan shows
110 residential units 1.73 units per acre arranged in townhouse fashion with two to four
connected units positioned through lot 4. The previous plan shows a 20’ wetlands buffer
and the newly proposed plan indicates a 30’ buffer.
The approved plans show 35 building footprint areas covering a large percentage of lot
4. The proposed drawings show 14 building footprint areas. Proposed residential
building height has not changed and the amenity area has been moved to a more central
location. The parking appears to be greater and it is suggested using pervious materials
for parking and heavier landscape materials to the north to create a buffer for the
properties adjacent to the site. Staff recommendation was to provide
insight and comment. Steven Pumphrey spoke on behalf of the developer
saying that when PUD submitted Lot 4 had been reserved for multi-family and now after
looking at the market the developer feels what now being proposed( high end luxury
scale apartment homes for baby boomers) is
what will sell. Bob Gentle asked if they had decided who would build these and the
response was not yet. Dick Charles said the parking looks like four times more than
before and asked Gregg if a traffic study had been done and Gregg said it did not require
one. Lee Turner said he liked what being offered and said its closeness to Hwy 181
would handle added traffic. Bob Clark said he would rather have townhome-condo. Gary
Moore offered he had the same concerns as Dick Charles about parking and use of
pervious
materials for these. Fran Faust asked how large would the units be and Pat Achee
answered that when the PUD submitted they had to come up with something and now
getting more defined plan, but did not know at this time, it would be something upscale,
rustic lodge, maybe 2-3 bedroom. Fran said she too would like pervious paving, keep
trees and growth. Jean Wilson had same concerns already expressed. Dick Charles asked
if they would consider underwater storage tanks for runoff if use pervious materials and
Pat said they would. He thanked them for their input.
Planning & Zoning Commission
Page Five – August 4, 2008
UR 0806 Request of Riviera Utilities for 11-52-11 review of a proposed Electrical
Distribution Substation located on the south side of Highway 104, 900’ east of Highway
98. Jonathan Smith gave the staff report saying the total site area is 2.42 acres and 1.95
acres of this will be disturbed. He said the substation has been designed to be as far back
on the property as possible and staff recommended additional landscaping should be
added on the north and east side of the site to create an adequate buffer. Approval was
recommended contingent upon planting an evergreen hedge around the areas of the
substation that can be seen from the public right of way
(north and east sides) who at maturity will provide an impervious visual buffer. Gary
Carnley was present to answer any questions. Dick Charles
asked is this would provide an alternate feed to Rock Creek and he said yes. Lee Turner
moved to approve staff recommendation including hedge.
Dick Charles 2nd the motion and it passed unanimously.
The Building Height discussion was postponed until the September meeting.
Old/new business – Gregg asked that the November ‘08 meeting be changed from
November 3 to November 4th. Bob Clark moved, Lee Turner 2nd and motion carried
unanimously. He also recognized Fran Slade, newest member, for completing a
planning course and receiving a certificate for doing so.
Chris Gill addressed the members saying that Paul Ripp had asked to address the
Planning & Zoning Commission and currently Mr. Ripp has a lawsuit against the City
therefore he asked that the members go into Executive Session, saying he is an attorney
licensed to practice law in the State of Alabama and that he was giving an oral
declaration in accordance with Paragraph 36-25A-7(a)(3) of the Alabama Code in that he
needed to discuss with the members of the Planning & Zoning Commission the legal
ramifications of pending litigation on the action of the Planning and Zoning Commission.
A motion was made by Bob Gentle, Dick Charles 2nd to go into executive session. The
vote was as follows: Fran Slade, yea; Bob Clark, yea; Gary Moore, yea; Jean Wilson,
yea; Dick Charles, yea; Lee Turner, yea; Bob Gentle, yea. They went to Executive
Session at 6:04 PM and
returned at 6:08 PM.
Mr. Ripp addressed the members reading from a letter he asked be entered into the
minutes as follows:
Planning & Zoning Commission
Page Six – August 4, 2008
R«iUHC ~ subject or P\lbtlx bet PIil oo the $cpl,dlbcr PIMnlng & Zolilna .-,cl•.
Since I only h11ve l minu!CS. I \'!ill hiJb!ipl CMjor eoocerns Md fl'ly on tllC Boord eo pn:,vidc _.,.\TS 31 lbe
Sei,cetribtt ll'leitCln&.
t.f()rc pol,lic infonn111iQn about this project has been RqUC:Sttd &om the c&y 1111d wlll titnamly ~
l'urtbcf ~-lhal w!ll b¢' sut.niilcd 10 Pllll!ml& & Zcnilll b SqlL
WMt we ha....: is II Big Box Strip Cmrcr """' • mO'".c problem. ,.,...,
NOTR.EESURVEY,SR01 ◄1 Oeel,07st:Jrr~t2Amitcd~pl111116d11~
wn-ey tfld pro1tctinl:t plun rn«m& Ille approval or Jcru:tifff F'"Kllcr. Tbis mp()!l:.(l'billly b Jttmlfiet fldkt',.
How CUA )'OU mike Issue 111ilb s.,l;lbrook PoiDC and IIOC Publix? This U a $ffl0us mue and wunmts 11
dctaik<I tl<planadon.
l}QIJer AtcllJ d~ widi spc,:if,epicleline, .. SO ft. on 98 • 40 fl: en PM!ttr. ZC-06-12 A~ 7, 06.
st»-11 Ooc07,S0'1._.I Ooc3,07,SR&7-11 0cc3. 07,$008-06 t-byS, OS. So t:i11-=s~Wlft'amc up.
The t..lTcr toDO <m Parkct .... p.rtia.Jly cbRd, Cid OR 98, ftom 10U111em comu IIO 98 e,fllnnee aocl
ffllirdy .-ound Wadlovia. Pkue do DOI me anyo:.eu,c n:IDth•c to p1dc. The ptOPC'ft)' ii: l l) aa'ff:
d.Nelopen bad pwdy or ttkllll lO coqily. QQ 8..4-0S I spoke~ the Ownct oid!IC Wacho\'la IMJ)dlns and
be is "ff'Y u~. He dots !IOI undmt:wd b.w, f£idlope lllkl•cd this IO h.1Pf'm arid is w:C'll ab&ck dw Che
project was allowed ~ ¢9tlbll~ such a fflOGl$U'O$i~ of, wall oo hif pr(lpCf1)' line. You can be ~d lh:il
b.udcpffl;WJC!d hb p,opcr,y. mooecarily and: 1e$tl~t:ietlly, Now ifa coml)lrisoacan be INde 10
H~ Hill or A~ BM.jlll<r:t vicrw lllcw~II o(oYtt20A. lhlll b~Jll'OUOd1111 exbl ...
buler$sUKI aripptd ofmy bl.tff'tr.
Sc( t... Oil P.vtcr b ooly40 ft. oo Ibo W(:$1 ~111$ widi 1 «of>in ~of27 fc,ct, W~ WU\' told Ibo
Publix wou.ld bcapr,x 80 ft fl'om P•t« w'Jtb 06Jy 117 ft~ Now we wiO be lookifla •*rooftop,.. plus
lhe drop will ~ nex1 to a sidtwalk. Wb.11 abol,l utttp
Parter ROlld driw~ wa tnON 10 die CllSI ,1,.m ii$ pm..'IM loca(ion. Fnx11 !he prc$C'IIII k,c:aliOII, 1't Jq,a 100
ft. cfbU:ffcr b raluln&,. h t.hb driveway~ to ~e: ~ f\dclivqy trucks ando::lti11g anat
lbe samcdnw? AlllJlthtt tCWffll is lhelimlkd ~'° II~ 9S &Mtbe drl~. ~WIJ~,c. $-6
car.I bdwc,m. A mlljOt problem will e:fflt Ill Ibis locatioo irlC't\ alone.
1'r8fflc CooecshM is ah-.",dy al tUX ~ at Hv.y ff & "-k«. 8ecwffll 104 in:! Par\:n Road .. ;u b«olne
U-lla'bffl:l)'. 11'cccirh nl'r".e ptlo n«dsa.11tadoo oow, noc IIJl()ll~lctiQft.(Sff Sl).Ol-46 M.-y $, 08)
The pb!Ufian PicWtS c::ut lbrou#l, as II m'llll cf"'ri£bt tum Ol'lly" orr (!(Vekran$ Blvd. b: pmctlll)'a
<bntlffl)U$ sUioo.
Tht ~ 113d major ~idol, aod CODOOl'Cd ciKfflC beck eo Aq 1. 06. ZC06-12, lhan dlo W~.
Roct ~ Perter Road onty to be wurcd what has~ would not h~ Ul's !IOI. forgd lbtft b
almdyoac b"'i;uk .-uwc the ciry ~mvc 10 Ilic 1M>t ~
b Che llm"'v '° the traffle 10 wail until thc,lltb hour atld tty co(~ the WoodlaodJ« Rock Crctk eo tate:
some of (he k-ad7
Planning & Zoning Commission
Page Seven – August 4, 2008
Let me-rfflm'ld )'OOOf)-out prevloos ~ ....
QUO'<ES:
Dick Cbarlos. Olddwin PMs 8+06
"'1be najority opkliM fe lt the potith'c t'acaort-0111~ he acptivc firdors ror this propmy ..
Mony ~g f'!l'OPffi)'O'lffl(fS hlld "unsut.lMti:itcd alJeptkw"
Jcoo Wi~ 13ak!wio ~ s-9-06
"'I thc,,,,at,I lb«e -.'tre IOO may outsbndinJ UltS for m eo Uc II r«Omltl«ld:'llion ao the Cit)'
c..,...,,.
Dan~ IN.kl"., Pl\'St s.9-06
s.d lilsCOIICCfll ccrilffld on bncbcupe bu1lm bctWffll Cooc",1; 6cYelopnenl and fUl'l'OUnding
prop«dtstlld dic<l~IM« ~ hiJ prof)OflCd commercial buildif$ and neart,y-r~ wch M 98.
,..~ arepcnuMc:nt G~"' Moore ,aScf ottbc~lal buildin&I, '"i(lbcyatenot !(ftCl~wilji
dl;sw)c.e 1111d in • J;f'ftd>clt nwll)(T, ii cua be.gin to klt'lk lib H:unli11tger Hil2 in DaphDO".
Mayor Kant. Citilau lbr Responsible Go-;~r,. Jiily 16, Ol
'"lhiOlalielns nut 'Willi Publix.~ lhc bu(fer iooc. rq,ort 1bit to lllc lft't ~e. I wlD
DOt Issue• cutinatc ot oaupaney rf'thc PNbkftl h no1 ~.
Aug\151 7, 06, ZC 06 12
Bol>a.tc d.cd tbouc lb&blg ~ b.iue 'llli!b. Comprehensive PIM and Ardwr said lhi, ..
approved in ts 11ncf pro-dakd c,,mprd1cnsi,-c pbo ldoplk,o repntlr,g Gf'ftDO llOfld.
A~7.06ZC06 ll
Oa,y M<IOR"'F'cd ot Ima 100 ft.~ buffi:ral'OWld~ wi.l:h 15 A.ooPtrlctt,
Two nay "°'c, -M~ trld Wilson
SR0711 Occ.).Pa,. U
Oreaa, Mlm aid 1:11, $Id 'NOUld be monitoring this p«1jCCl tftd will htYC someoot on ,ii.e n'C'II)'
SR 0111 Dec. 3, 0'7
M.l)'Or Kem W.cd o.bout clearing Gia !he buffer al'Q oo Orcco<> Road trld ¥1U$ I01d it 111wld 1)0I b(,
cb'td Olll. Ibey were oo1y Q1kio$ ~ ~ ~ ara, tbar all ~<>n ~ ffa'ld 111t11U1Jon hrur
Road woald tlUI be l!OuC:bc:d.
SO0306}.1ay$,08
Bob Gc:citle ,aid chc ~ 10l1ip; "' 11(111 a-affic
LceTomn-1gl'ffdsayitlg.tMI an nfl'ieeoocomswould bcadcltcswd
ZC:06 ll Mil 7, 06
ArthurCC'lrd 's f'tM' 10 tlobCln's tef.cn:l)L:Oto 8i.g Box StcR-isQ,o wilh ~bcn!Jvc Pita·
Mt.Corti replied Ital 82 llPJll'O''fd io 9S a'ld ~led Compdle,'.1;1i ~c l'IM.topciOD r,pnlirig O«cno
Rood,
Planning & Zoning Commission
Page Eight – August 4, 2008
He was thanked for his comments.
Meeting was duly adjourned at 6:15 PM.
______________________ _______________________
Jean Wilson, Chairman Betty Rivenbark, Secretary
ISrfTRUE??
Bob Ocntk was lt.e dcc:idlng \'()le ou Publ.ix p,opcrty.
'Tbc P11bJi.\: s~e iu pan or• ◄9 acre pu:'«'l up(lll which Corte pud $1 JJ,00 in ta:,xe$ ll,t yca,(2.12 11u ctt}.
The CIOl.l:lt)" dot4 !IOI RCOS11izo !Ml flll"I • ha,i!\i b«l'l "°.roned by FAirbopc « die)-wocld ht~ IO ro-
tcX'G$ it m.1 bill in amm for J pwa ytars atac,ona'IIC'f'Cial rallCflllicf ttws 1imbct rates.
COUlll)' l'CVttll/41NP also sbowsth$ ~ RMI! paroe:ISOII hru:r11S$C'p111111C l'roM the lqff 49 ecres.
Oddi), 6,eyget cumal iasc rate as v.'Clll
Copk:,: All~ Catld:idllltf. Local PN:Q. Red: Ctttlt: Home,owner,Anoe., Woodla,ds Homt<, ... nm
lu$0C .• C$!:y~ll ~cat MW!llcl~iliu