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HomeMy WebLinkAbout12-07-1992 Planning Commission Minutess M E M O R A N D U M To: Fairhope Planning Commission Meeting of 07 DECEMIBER 1992 ZONING CHANGE - Application of Michael and Judy Barrie for change of zoning district from R-2 Single Family to R-5 Multi -family at Section Street and Forster Avenue, northeast, a parcel approximately 145 feet by 454 feet. The subject property has, for many years, been zoned for single family use. Properties immediately to the west and south were zoned B-3-b many years ago. Since 1980, there have been only two zoning changes in the general area. The property at the southwest corner of Volanta and Section was rezoned from R-2 Single Family to B-4 Business and Professional Offices and was subsequently used for multi -family construction as permitted by the Zoning Ordinance. The property at the southeast corner of Volanta and Section was rezoned from B-3--b Tourist Resort Commercial Services to B--1 Local Shopping. Property zoned B--3-b will permit, of right, use as multi- family residential. Therefore, such use could presently be made of lands south and west of the subject site. Whereas the Barries propose single family use in a townhouse arrangement, it would appear that the most appropriate zoning would be R5th for townhouses and I would recommend that R5th be considered rather than R-5. The subject land serves to provide a buffer between the B-3-b to the west and south and lands zoned R-2 to the north and east and will continue to do so if developed as proposed. In the course of deliberating whether to recommend the zoning change on the part of the Commission and whether to change the zoning on the part of the Council, there are two basic issues: 1. Is the proposed change in harmony with the City's Comprehensive Plan? 2. Is it fairly debatable that the proposed change will serve the best interests of the City as a whole? If one or both of those questions is answered in the negative, the change should be neither recommended nor effected. If both questions can be answered affirmatively, then the change should be recommended and effected. 0 8 8 - 1 8 This Rev: 10/24/92 31 10/26-29/92 HUNTER'S GLEN - Unit 2 - Application for Sketch Plan Review of 12 Lots. Land extends east of Unit 1, which exists on the north side of Oberg Road between Morphy Avenue and Twin Beech Road. Lots appear to be of sufficient size and configuration. Underground sewage disposal will require health department approval. Drainage design and calculations will be required and detention area may require modification. Land is outside the City and plat will require County Engineer's approval. Where land areas of five acres or more are disturbed, an NPDES permit is required from ADEM prior to start of construction. Developer will be required to provide adequate control of erosion and siltation during construction. There is no formal action to be taken on this application at this time. CAIN'S VALLEY - Application for Informal Sketch Plan Review of nine lots on Mershon Street and Cain's Lane in -the R-2 District. Lots are of sufficient size to conform to zoning ordinance requirements. Public sewer may not be available to all proposed lots, but lots meet minimum size requirements for underground disposal. Preliminary application should include a contour map and a proposal for handling surface drainage. It appears that the area is sufficient to require issuance of an NPDES Permit by ADEM before start of any construction. There is no formal action to be taken on this application at this time. EAST FIELD - Application for Informal Sketch Plan Review of six lots on Lawrence Road and Grant Drive. Land is outside City and County Engineer's approval will be required. Health department approval will be required for underground sewage disposal. Lots will meet minimum size for underground disposal. No NPDES Permit will likely be required for this site; however, the developer should be prepared to show how surface water is to be handled. There is no formal action to be taken on this application at this time. 0 8 8 - 1 8 This Rev' 10/24/92 32 1 0 / 2 6 - 2 9 / 9 2 AREA MAP IR®?OSIED ZONING CHANGE BARRIE DECEMBER 1M FLY CREEK N lk • uc z GF-2 00 O R-2 0 o❑o❑o DENoTIES PAVED MEET Oza`�� O .� ° OEG M AREA OF PROPOSED p �� ZONNG CHANGE lt7;2 TO R-5 R 2 0 L . or The Planning & Zoning Commission of the City of Fairhope met Monday, December 7, 1992 'at 5:00 p.m. at the City Administration Building, 161 N . Section Street Present: Chairman Richard Sanderson, members Maxwell Killoch, William Lucey, James P. Nix, Cindy McBrearty, Tim Kant, David Bishop, Cecil Pitman. Zoning Enforcement Officer Robert Lunsford and Secretary Betty Rivenbark The minutes of the November 2, 1992 meeting were approved as written on motion by Maxwell Killoch, seconded by William Lucey and unanimously carried. A continuation of the public hearing of the re -zone request of Michael and Judy Barrie for a change in zoning from R-2 Single Family to R-5 Multi - Family for land on the east side of Section Street and the corner of Forster Ave. was held. At this time Maxwell Killoch read a statement to the com- mission in which he stated that he believed the change in zoning request to be a benefit to the city, that the proposed use is in harmony with the city's comprehensive plan and it does not appear that the proposed plan will result in deterioration of land use values but could very well improve those values. Mr. Killoch further moved that the re -zone request be approved as R-5TH(this was zoning recommended by Mr. Lunsford) and forwarded on to City Council for their action. William Lucey seconded. Discussion followed. Several of the residents from Forster came forward: Dan Garraway, Dennis Driskoll were opposed. Wes Strauley said he thought it would set a precedent having apartments on the main thoroughfare. He questioned whether or not these would be on septic tanks. The mayor said they would have to be on city sewer. He talked about the water that runs thru the culvert there to Fly Creek and how a heavy rainfall brings an enormous runoff. He said that all of these needed looking into before decision made. Clay Adams presented a list of 4 nearest property owners who had no objection to what is planned. He had a map showing the traffic flow, and said that most will not affect traffic on Forster. He said that run-off would not be allowed other than what there now. Ack Moore said they are planning for sanitary sewer and pumpstation, that ADEM will be monitoring project, that entrance will be off of Forster. A lady who lives on Forster expressed concern about traffic. John Henry said that he thought public utilities should be made available to area and developer should build system big enough to accomodate future tie-ins. There being no further comments made, a vote was called for and was as follows: For re -zone, Nix, Lucey, McBrearty, Killoch, Pitman. Against: Bishop and Kant. Motion passed. A sketch plan review was made of Hunter's Glen Unit 2- 12 lots east of Unit 1 which exists on north side of Oberg Rd between Morphy Ave. and Twin Beech Bob had commented that lots were of sufficient size, that they will have to hav health dept. approval on septic tanks. Drainage design and calculations will be required and detention area may require modification. Further require- ments will be needed but developer was encouraged to proceed. Cain's Valley, informal sketch plan, 9 lots on Mershon St. and Cain's Lane was looked at. Bob had commented lots are of sufficient size, but, sewer may not be available to all but underground disposal possible. He said he needed contour map and proposal for handling surface drainage. They were also encouraged to proceed. East Field, 6 lots on Lawrence Road and Grant Drive was informally reviewed. This is outside City Limits and will require Cty. Engineer's approval and health department approval. Lots are of adequate size but further information will be needed on how surface water will be handled. Seth Moore said this is land being developed by Gloria Atkinson. They were encouraged to proceed. M Planning & Zoning Commission December 7, 1992 - page two Mr. Sanderson read a resolution as follows to the Commission as a result of their study session last Wednesday: RESOLUTION WHEREAS, the owners of certain properties abutting the north Corporate Limits of the City of Fairhope, Alabama have expressed a desire to have their property annexed to the City, and; WHEREAS, the said owners desire to have zoning established according to the attached map, and; WHEREAS, on preliminary examination, it appears that the proposed zoning is generally consistent with the comprehensive plan and will, viewed in its entirety, be beneficial to the City, and; WHEREAS, the establishment of zoning will be subject to public hearings and deliberation, NOW, THEREFORE, be it resolved by the Fairhope Planning Commission that the concept of zoning for the subject lands appears sound and that the owners are encouraged to pursue formal application for establishment of such zoning subsequent to annexation. Adopted this the day of December, 1992. S � S 0--VI ichard L. Sanderson, Chairman Betty llrkenliark, Secretary Mr. Sanderson called for comments and there were none, Cecil Pitman moved for the adoption of this resolution, Maxwell Killoch seconded and motion car- ried unanimously. Charles Ingersoll came before the council to discuss with them future plans for Estella Drive. Mr. Ingersoll said the FSTC had promised the lessee that they would open up Estella Drive a dedicated street, when he wished it, and now he is requesting it be opened up. He said that he had appointed a committee to study this and they came back with a recommendation of a divided street with entrances from Ingleside and Greeno Rd. and having a cul-de-sac at the end of each entrance. Bob Lunsford had told him this was not in accordance with usual practice and suggested he come to the commission. One way that had been suggested to him was to open Grand Blvd and run access street that way, Mr. Ingersoll that sounded good to him but residents were opposed to this. Tim Kant remarked that it would be easier to provide services if the street went straight thru. Mr. Brown was asked if he had any problem with it going straight thru, he replied no. A motion was made by Tim Kant to have the street go straight thru. Seconded by Maxwell Killoch motion carried unanimously. There being no further business meeting was duly adjourned.