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HomeMy WebLinkAbout07-10-1978 Regular MeetingFAIRHOPE PIANNING AND ZONING CODtaSSION Minutes for 7-10-78 meeting The Fairhope Planning and Zoning Commission met in regular session on Nbnday, July 10, 1978 at 5:00 pm, at the City Administration Building 387 Fairhope Avenue, Fairhope, Alabama with Chairman John Parker presiding. The following members were present; Sam E. Box, E.J. Kirk, Dr. William Workman, Cecil Pitman, Mayor James P. Nix, i Hartford Field, Dr. Pierce Fredrick. The following member was absent; Leona Newnan The approval of the minutes of June 5, 1978 meeting was held over Lentil the August 7, 1978 meeting. The first item on the agenda was the application of Ed Beard for a change in zone from B-3b Tourist Resort Commercial Services District to B-3a Tourist Resort Lodging District for an acreage parcel located on the east side of Mobile Street (U.S. 98) generally south of Paddock Estates. According to a Plot Plan (site development plan) accompanying the application the property under consideration is improved with; 1) a restaurant (Square Rigger Restaurant and Lounge); and 2) Gift Shop and related off-street parking facilities. Also according to this plan, the applicant intends to construct a two story motel having 30 rooms near the rear of the premises. In this instance, the proposed motel would become an integral part of the building complex. i Land use in this proximity to the petitioner's property consists of a duplex development to the north. Generally south, lend use is exemplified by --a Boutique and Junior Food Store. West across US 98, the land is occupied by what appears to be a group of cottages. Dot Yeager-, the realtor representing Mr. Beard presented the application. She stated that she felt that there was a definite need in Fairhope for a motel. And that Mr Beard was under the impression, wlben he first started his project with the restaurant, gift shop and antique shop, it was to include a motel. Much discussion followed, with property owners presenting a petition opposing the approval of this application signed by 70 residents in the general proximity. Lawrence Thomas, a property owner within 300', opposed the application and stated to his knowledge that at the time of the approval on the existing buildings there were no plans presented concerning a motel on these premises. Rebecca Jones asked to be recorded as against the application. Chairman John Parker asked for the planning consultant's recommendations concerning the petitioner's application. Don Pruitt stated that the staff recommended that the application be denied for the following reasons: 1. Use of the property for a motel together with a restaurant and gift shop is inconsistent with the comprehensive zoning plan for the area which denotes the area to be used for restricted tourist commercial services, i.e. B-3b. N 'ION made by Sam E. Box, seconded by Hartford Field to recommend for the City Council to deny the rezoning application of Ed Beard from B-3b to B-3a. Ibtion carried. II. Fairhope Planning and Zoning Commission Minutes for the 7-10-78 page 2 The next item of the agenda was the application of Eastern Shore Builders for Preliminary Plat approval of Richmond Square,_a subdivision of 9.52 acres more or less into 20 lots; situated in Section 8, Township 6 South, Range 2 east; located at the north terminus of Bon Secour Avenue generally west of Colonial Acres Subdivision. This proposal was reviewed at two (2) previous meetings, i.e, the meetings of April 3 and May 1, 1978. At both meetings, the Commission members recom- mended that proposed Concord Drive be extended in a southerly direction to eventually connect to Bon Secour Avenue. Ack Moore was present to represent Eastern Shore Builders in the review of this application. Ack Moore was questioned as to the R/O/Ws, drainage, type of sewage system and topography. Cecil Pitman suggested that the Ca mission hear the planning consultant's comments. Don Pruitt stated that a review of this proposal indicated noncompliance with the City's Subdivision Regulations as follows; a. Section 507.1.8- Building setback along each street not shown on plat b. Section 701.10.1- Maximum grade in excess of 7% allowed for Minor Streets. In this instance, Concord Drive approaching the intersection at Washingten Drive in 9.75 %. c. Section 708.10.2- As indicated above, Concord Drive has a grade in the excess of five (5) percent at the intersection approaching Washington Dr. In addition to the above clarification as regards the Drainage Plan is needed. This specifically applies to the disposition of what appears to be a closed storm drain of 24 inch concrete running approximately 230 feet across Ola P. Ma.lcolm's property. This drain is to be constructed in a fifteen feet drainage easement. Accordingly, proof that this easement has been secured by Mrs. Malcolm by the developer needs to be established. M)TION made by Cecil Pitman, Seconded by James P. Nix to recommend to the City Council to grant preliminary plat approval subject to; (1) The developer providing a legal document reflecting that the 15 feet drainage easement across a section of the Malcolm property has been secured.(2) Changing the name of Concord Drive to Bon Secour Avenue or getting the City of Fairhope to change the name of Bon Secour, Avenue to Concord Drive. (3) Incorporating the strip of land 25 feet wide by 135 feet abutting Propose Zpt 13 with this lot. Dr. William Workman requested the Cecil Pitman withdraw his motion until Eastern Shore Builders provides a document showing proposed drainage from Lots 13, 14 , and 15. He also asked for an extended map of where the water drains from these lots. Phil:Rutherford stated that the water runs to Fairhope Harbor Marina which is already involved in a drainage law suit. Sam Box stated that he felt that the water should be re-routed to a different location. Following this discussion, Cecil Pitman withdrew his motion. At the request of Byrd Moore of Eastern Shore Builders, Ack Moore withdrew the application for preliminary plat approval. At this time John Parker requested due to lack of time, that the Commission consider the following four applications for rezoning: 1. Application of Fairhope Title and Survey for a change in zome from R-2 Medium Density Single Family Residential District to B-4 Business and Professional District. IV. FAIRHOPE PLANNING AND ZONING COMMISSION Minutes for 7-10-78 page 3 2. Application of Maice Dillabough for a change in zone from R-2 Medium Density Single Family Residential District to B-4 Business and Profe District. 3. Application of Sam Irby abd Stark Irvine for a change in zone from R-2 Medium Density Single Family Residential District to B-4 Business and Professional District. 4. Application of Mr. Mike Ford, agent for Tolora B,•Robinson, for a change in zone from R-2 Medium Density Single Family Residential Development to R-4 Low Density Multi -Family Residential Development. M7TION by Cecil Pitman, seconded by Jack Kirk to advertise for a public hearing on Monday, August 7, 1978 for the above four applications. Motion carried. The next item to come before the Com:nissiori was the application of Major Homes, Inc. for preliminary Plat approval of Covered Bridge Estates, a subdivision of 41.3 acres more or less into 102 lots; situated in Section 19, Township 6 south, Range 2 east; located at the border of the south corporate limits generally west of Section Street. Ack Moore was present to represent Major Homes, Inc. Don Pruitt, planning consultant made reference to Article VII NIIld= DESIGNE STANDARDS of the City's Subdivisionn Regualtions. As regards this article, the proposed subdivision fails to ccxnply with the following sections of the regualtions: a. Section 703 - Block Design,Subsection 703.1 - Blocks shall not be less than four hundred eet nor more than twelve hundred feet in lenght unless specifically approved by the Planning Caimission for specific reasons of topography or design. Echo Lane West comprises a block which is not in accordance with this provision of the regualtion. b. Section 704 - Lot Des' Subsection 704.1 - Each lot shall contain a site ot which is not s­U5j­ect to flooding. It appears from reviewing the Flood Hazard Boundary map di_stribued by the Federal Insurance Administration which is dated January 5, 1978, that some of the lots included in the proposed subdivision are within the areas of 100yr flood as determined by the Administration. c. Section 707 - Easements Subsection 707.2 - Where a subdivision is trans y a water course, drainage way, natural'chamel, or stream, there shall be provided an easement conforming substantially to the limits of such water course plus additional width as necessary to accommodate future construction and maintenance as recommended by the City Engineer or duly authorized agent. As noted, this subdivision appears to be transvers, by drainage way; however, the Preliminary Plat provided does not show any easements for drainage or other purposes d. Section 708- Street Des' Subsection 708.1 - General - The arrangement, c aater, extent, locationt and grade of all sEFe—e—ts--shall be laid out according to good land planning principals and shall be integrated with all existing and planned streets. Sufficient proposed streets shall be provided to creat normal circulation of traffic within the vicinity. Land abutting the proposed subdivision shall not be land locked. V. FAIRHOPE PLANNING AND Z0NI14G COMMISSION Minutes for 7-10-78 Page 4 Street design shall provide connections to abutting properties at intervals not to exceed the maximiIIr, block length of,twelve hundred (1,200) feet. If, in the opinion of the PLanning Commission it is desirable to provide street access to an adjoining property, said street shall extend by dedication to the boundary of such property, Atemporary turn -around shall be provided for these streets. With respect to these criteria, street access to this 102 lot subdivision is limited to one (1) street which intersects Third Avenue at the junction of Fig Avenue. Additional access to adjoining properties is not provided. e. Subsection 708.2 - Cul-de-sacs. Streets designed to have one end penman closed s ve a maximum lenght of 600 ft. In this instance, Western Way, a proposed cul-de-sac, has a length which exceeds the maxima recommended by Design Standard. Rutherford pointed out that in this area there are two (2) lift stations on this property and that the plat presented does not provide any access to these stations. John Parker stated that in his opinion these documents were not adequately completed to grant preliminary plat approval, and suggested a continuance. Ack Moore again requested for some guide lines for preliminary plat approval from the commission. Dr William Workman suggested that the Commission members and concerned engineers and contractors, Ack Moore, Byrd Moore, Jack Pope, Dan Corte and Phil Rutherford have a study session to discuss the proper documents and necessary material needed for plat approvals. After a discussio the date set for this Study Session is Monday, July 17, 1978 at 7:00 pm in the City Administration Building. J. W. Rayborn, contractor and Mr Hunter, designer, for the Mitchell Company approached the commission with the application of the Mitchell Company, owner and developer for approval of a building addition to the Fairhope Shopping Center located at the southeast corner of Fairhope Avenue and Green Raod. This review is confined to the proposed use of the property and the criteria specified in the City Zoning Ordinance. i According to the development plan, the owner intends to construct a building near the southwest corner of the shopping center. This proposed building will have a total of 7,000 square feet. South Central Bell will occupy approximately 2,450 square feet while the remaining 4,550 square feet will be occupied by a rental store. An evaluation of this proposed indicates that it fails to comply with the off-street parking and landscaping requirements of the Zoning Ordinance. If the proposed building is constructed, the amount of parking required for the entire complex will be approximately 30 spaces short of the number required. Additionally, no provisions have been made to rreet the landscaping requirements for off-street parking facilities. Mr. Rayborn said that he would try to comply with all the commissions suggestions. Mr Rayborn and Mr Hunter were invited to attend the Study Session on the July 17, 1978. No further action was taken at this time. VI. VII. 1 -7 zk� r-� acting secreta Marii E. Ziegler FAIRHOPE PLANNING AND ZONING CONLMISSION Minutes 7-10-78 page 5 The next item on the agenda was final disposition of Sibley Square Subdivision. At the February 13,1978 meeting of the Plaxming and Zoning Commission a motion was made by San Box, seconded by Jack Kirk, to grant preliminary palt approval of the this subdivision subject to the engineer and owner reporting back to the Comnission on the steps being taken to insure adequate drainage on the north side of the property. This motion was carried. Carlton Neimeyer'was present to represent the owners and stated that the plat had been signed by the State and that he has had no father complaints from the residents concerning drainage. Again he stated that the State has accepted responsibility for maintaining the drainage sysytem, and also has approved the area for septic tanks. P,DTION made by Dr. William Worknan, seconded by Cecil Pitman to grant approval of the subdivision plans. Motion carried. The next item to come before the Commission was the final disposition of Mr Elliott Powe's resubdivision of Lots'5,6,7, and 8 Hoyle-Worchester Addition to Fairhope. At the February 13, 1978 meeting Dr. Pierce Fredrick moved, seconded by Sam Box to approve the subdivision subject to designation on the Plat of a twenty (20) foot wide drainage easement subject to approval of Jack Kirk. The motion carried. Ack Moore was present to represent Mr. Powe. Mr Moore stated that he had obtained,an easement which fell among the natural flow and that Jack Kirk approved this easement. Dr. Pierce Fredrick signed the plat. , There being no further business the meeting adjourned. 17075NII "I.