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HomeMy WebLinkAbout03-01-1993 Planning Commission MinutesY pr,' t M E M O R A N D U M TO: FAIRHOPE PLANNING COMMISSION Meeting of: 01 MARCH 1993 ARBOR GABLES - PUD Application of the Knight Company for a multi. -family rental complex of eleven residential buildings and support facilities with zoning established as a planned unit development. I am attaching copies of the Written Statement and other writings hereto for your perusal. Drawings are available in my office if you wish to examine them prior to meeting. I shall first analyze the question of zoning as a planned unit development: The proposal is for a ten -acre site to be developed under the unified control of the Knight Company as a fixed building development. There is some question as to whether the land proposed is in "single,ownership". That question should be resolved in the affirmative before the PUD is established. The land in question is presently zoned R-1 for Single Family. The nearest multi -family district is located along the north side of Edwards Avenue as Unit Two of Rosa Acres Subdivision which is zoned R-4 and contains mostly duplex units. Also southeast of Edwards Avenue there is Homestead Village, a PUD. Land to the east of the project is outside the city, unzoned and is partially developed. Lands to the north are in use as single family building sites as are lands to the west. Lands to the immediate south are undeveloped. Greeno Road and Gayfer Avenue serve as buffer zones between the project and lands south and west. An unimproved 60 foot public right-of-way serves as a buffer to lands to the east. There is no effective buffer to the north. Plan indicates ingress/egress to Gayfer only and that the use would not directly channel traffic to Greeno Road. Given the pattern of commercial development northward from Fairhope Avenue over the previous ten years, it appears that the future land use along Greeno.Road northward will tend to be away from single family uses. There is much to recommend the City's continued resistance to strip -zoning of Greeno Road as commercial use. There is considerable space for commercial growth between Edwards and Gayfer when the need and justification for more commercial zoning occurs. Lands between Gayfer and Dyer Road could logically develop as multi --family with access to the 60 foot (now unimproved) Jubilee Lane, Gayfer Avenue or Dyer 1/23-24-25/93 ZOCOMM93 1/30/93 2/16-19/93 2/20/93 Road rather than Greeno Road. Consideration of the above as well as other factors may be weighed by the Commission in determining whether the proposed PUD is, in fact, in harmony with the comprehensive plan of the City. The operative questions are: 1. Is the proposal in harmony with the comprehensive plan? 2. Is the proposal consistent with the purpose and intent of the Planned Unit Development provisions? 3. Does the proposal advance the general welfare of the City? If all can be answered affirmatively, then the PUD should be established as a development zone. If any be answered in the negative, then the PUD should. not be so established. Having dealt with the question of whether the area is proper for a PUD development zone, we then proceed to the question of approval of the Preliminary Plan: Applicant has submitted a Written Statement which substantially conforms to requirements and plans: 1. Boundary Survey as required 2. Utilities Plan with topographic features 3. Drainage plan and calculations 4. Site Plan with phasing noted The written statement and plans submitted appear to be in conformity with the requirements of the Ordinance. It is noted that the project is over density with respect to number of units per acre - 16.4, but is under density with respect to allowable building coverage and required open space. A waiver of per acre density will be required for approval of this P.U.D. plan. When Phase II is submitted for approval, a waiver of perimeter setbacks will be required at Greeno Road. I have at this writing contacted the Knight Company and recommended that their engineer coordinate the submitted drainage plan with the Alabama Highway Department to assure that there is not a design conflict with drainage requirements for the Greeno Road project such as was 1/23-24-25/93 ZOCOMM93 1/30/93 2/16-19/93 2/20/93 found to be the case at Morphy Avenue. PLANTATION PINES S/D - Application of Corte-Liechty for Final Plat Approval for 22 Lots in Unit One. Plat appears to be in order except for the following: 1. Show bearing for 30 foot centerline tangent at U. S. and Longleaf Circle 2. Show complete curve data for north and south rights - of -way, (curve 1) Longleaf Circle 3. Approval of City Superintendent endorsed on Plat EAST FIELD S/D - Application of for Preliminary and Final Plat Approval for six lots on Grant Road at Lawrence Road, outside city. It is noted that one house is presently under construction at the east end of the property, on what is proposed as Lot 1. It is recommended that no approval be given this plat until there is presented written approval of all lots by the Baldwin County Health Department. THE WOODLANDS IN FAIRHOPE - Applicant, Arthur Corte presents zoning application/s for acceptance for advertising for public hearing in April. That advertising will be accomplished by staff as a routine matter as previously directed by the Commission. No discussion of this item is required. ROCK CREEK - A PLANNED UNIT DEVELOPMENT - Submittal of 1-1/M Partners for establishment of zoning as a P. U. D. as provided in Article VI of the Zoning Ordinance and for sketch plan review of the master plan. Zoning action must be delayed on any portion of the property not annexed by date of I March 1993. General plan indicates a primarily residential planned unit development with a sales office and a very small area for commercial use. Phase one of the plan will be developed in coordination with the public assessments program being initiated by the City. Streets, -water, sewer and drainage serving that phase will be installed by contract under the assessment program. The subdivision of land will be subject to the City's subdivision regulations. 1/23-24-25/93 ZOCOMM93 1/30/93 2/16-19/93 2/20/93 Approval of the Preliminary Plan and of the Preliminary Subdivision Plat should be sought simultaneously. Where the improvements are to be installed under contract as part of the public assessments program, no performance bond for recording is required of developer. Developer is hereby on notice that after the first protest hearing before the Council, the land is unalterably committed to the assessments program and subject to liens thereby established; that the subdivision plat must be of record prior to making of assessment rolls, or the entire parcel will be assessed with no provision for lot by lot release; and that the City will expend no funds for any engineering costs until after the execution of construction contract/s for work under the assessments program. FAIRHOPE NORTH - Submittal of Barrie -Chapman for Site Plan Review of townhouse condominium development at North Section and Forster. The site plan appears to be in substantial conformity with the requirements of the Zoning Ordinance. Building Code requirements will be separately addressed on permit issuance and are not a part of this site plan review. Site drainage will be addressed upon issuance of building permit. Site plan approval is recommended. PLANTATION BOULEVARD - Proposed Name Change You should have before you a letter of request from Fred L. Corte, the land owner and developer of Corte Office Park who filed the plat naming the street. The proposal is to change the name to HOMESTEAD BOULEVARD. 1 have advised Homestead that three steps should be taken to accomplish the change: 1. Mr. Corte and Homestead should direct a letter to the Commission asking for a recommendation to the Council in favor of the change 2. Petition the Council that they, based on the Commission's recommendation, adopt a resolution assenting to the change in name 3. Following Councils adoption of resolution, that Corte and Homestead cause to be filed in the Miscellaneous Records of the Probate Office of Baldwin County, Alabama notice of the change in name of the street shown on the Plat of Corte Office Park as previously filed in the Probate Records Unless the letter of request is before you, I would suggest that this item be stricken from the Agenda and 1/23-24-25/93 ZOCOMM93 1/30/93 2/16-19/93 2/20/93 no action taken thereon. If the request has been received, I would recommend that other owners of property within Corte Office Park be given an opportunity to be heard either in opposition to or in support of the proposed name change. VOLANTA RESUBDIVISION - Application of Margaret Glover for a resubdivision of Lots 1-3 and 22-24, Block 5 in Volanta. Plat is in order and Preliminary and Final Plat Approval is recommended. FIRST ALABAMA BANK - Item too late for agenda - Will ask to be heard on rescission of Agreement between the City and Baldwin County Savings and Loan regarding non -access to Pleasant Street (BCSL was predecessor in title to First Alabama) The Commission entertained this question at the meeting of October 1992, and directed me to inform First Alabama that the Agreement would stand; I have so informed the applicant. A copy of the subject Agreement is attached hereto for your information and perusal. Respectfully submitted, Robert Lunsford Planning/Zoning Officer CITY OF FAIRHOP'E, ALABAMA 1/23-24-25/93 ZOCOMM93 1/30/93 2/16-19/93 2/20/93 Addendum to Application for Zoning Change - City of Fairhope, Alabama The applicant is the owner of property located within the B-4 zone and also within the R-2 zone. Applicant desires to construct within the B-4 zone, a building for business -professional use (financial institution), and. requires the use of the R-2 portion of the property. Therefore, as an amendment to the application for re -zoning the R-2 area for B-4 use, the applicant proposes and agrees to the following as conditions prerequisite to granting a request for zoning amendment: 1. Applicant proposes and agrees that part of the area now designated on the City's Official Zoning Map as R-2 being,'(Lots 1 and 12 of Block 12, Ingleside Highlands Subdivision) will be used exclusively for parking and access, and no encroachment thereon by buildings, now or future, will be permitted. 2. That screening along Pleasant Street and Michigan Avenue (the west and north boundaries of area re -zoned) will be provided as follows; (a) a tight evergreen he not less than six feet in height at planting and forming a solid, unbroken visual barrier shall be provided, or (b) in lieu thereof, a solid wall or fence six feet in height, to be provided with plantings to enhance the visual appearance of such wall or fence. 3. That all vehicles using the premises shall exit therefrom only to Morphy Avenue, that no egress to Greeno Road shall be permitted and that there shall be no ingress or egress for vehicles to or from Pleasant Avenue. It is understood and agreed that the consideration of the within proposals and agreements by the City shall not in any way waive or alter other requirements of the Zoning Ordinance or other regulations of the City. January 25 1984 Date of Application amended BALDWIN COUNTY SAVINGS & LOAN ASSOCIATION Name of Applicanta6j--6 The Planning & Zoning Commission of the City of Fairhope met Monday, March 1, 1993 at 5:00 p.m. at the City Administration Building, 161 N. Section Street Present: Chairman Richard Sanderson; members William Lucey, James P. Nix, Cindy McBrearty, William Richmond, Maxwell Killoch, Tim Kant Cecil Pitman, David Bishop, Bob Lunsford Z. E.O. and Betty Rivenbark, Secretary The minutes of the February 1, regular meeting and February 22, 1993 meeting were approved on motion by Maxwell Killoch, seconded by William Richmond and unanimously carried. A public hearing was held on Arbor Gables for zoning as, a P,UD, land being developed by the Knight Co. some ten acres located on Greeno Rd and Gayfer Street . Mr. Sanderson made reference to Bob's comments regarding this development (copy in minutes) and called for questions from the audience. Mr. Knight spoke saying he is here and ready to answer questions if needed. Bob asked if the property was in single ownership. Mr. Knight replied no, but it is the Bung family but he has a purchase contract. Tonight we are considering preliminary plan. There were several adjacent property owners who had questions and Mr. Knight showed them the sketch plan and tried to explain the concept. Mr. Killoch questioned him about trash collection and fire truck access. Mr. Knight explained they would contract with someone like BFI and there would be plenty of room for fire truck access. He said they planned to use some siding and brick on outside of buildings. Mr. Pitman encourag him to use a lot of brick. Maxwell Killoch moved to allow them to proceed as planned. Cecil Pitman seconded. It was pointed out that this being a public hearing a motion should be made with direction for the City Council.' Mr. Killoch amended his motion to recommend to the City Council zoning as a PUD and allow them to proceed as planned. Mr. Pitman amended his 2nd to go along with amended motion. Motion carried unanimously. A public hearing was held on Rock Creek to establish zoning, also; as a PUD, submitted by H/M Partners this is some 413 acres located on the east side of Hwy 98 between Montrose and Fairhope. Again, Mr. Sander- son referred to Mr. Lunsford's comments and noted this is for sketch plan review of the master plan. A Mr. Jemison spoke questioning what was going to happen to the road at the north end of the property. Jeff Kennedy, engineer on the project, addressed Mr. Jemison and told them that they were going to fence at that end but the fencing would be south of the road and they would not interfere with road. Mr. Killoch remarked that the fence not shown on the drawing he had. Mr. Kennedy said no, not at this time but it would be there with a natural buffer. Mr. Killoch moved to approve the sketch plan as provided and recommend PUD zoning to the city council as requested. Cecil Pitman seconded this motion. Motion carried unanimously. Mr. Kennedy at this time told the commission that this is a preliminary sketch plan of the developm, and will have a preliminary plat next month. He said it is a 413 acre site on the east side of Hwy 98 with 470 lots planned to be built over a 7 year period. There would also be a golf course with tennis courts, driving range and swimming pool. That there are planned single family residences with patio garden homes and a 2.8 acre tract on the highway that they will develop as commercial. Cindy questioned plans for the buffer around the development and at highway. Mr. Kennedy said that they would have at least 30 ft. buffer. Final plat approval for Plantation Pines, Unit 1 a 22 lot subdivision of Corte-Liechty was considered. Bob had commented that there were 3 things lacking in what presented: 1. show bearing for 30 ft. center- line tangent at U.S. 98 and Longleaf Circle; 2. show complete curve data for north and south rights -of -way; and 3. approval of city superin- tendent on plat. Cecil Pitman moved for final approval subject to Bob's 3 points being addressed. Maxwell Killoch seconded and motion carried unanimously. Jim Horner spoke to the Commission voicing concern for the stormwater runoff that is coming to Fly Creek. He said there is a great deal of silting now. Bob Lunsford said that the stormwater volume after construction will be to pre -construction level. Mr. Horner said it does not address the velocity, that detention pond facilities are needed. He said the City of Birmingham and Baldwin County regulations address drainage control and he respectfully requests Fairhope adopt regulations on this. Mr. Sanderson said that only the Mayor and Council can set rules on this. Mr. Horner submitted a paper by Thomas Schueler the Birmingham watershed ordinance the Daphne ordinance on stormwater. Mr. Sanderson thanked him for his concern and providing all this informa- tion that he knew that Mr. Lunsford would review this and come back to the Commission with a report. Mr. Killoch asked him if he lived on Fly Creek and he responded yes. John Dorgan also spoke saying he is acutely aware of the same problem. He said he sees it from a different perspective. Outside the city the county has, jurisdiction and the lower end of the creek the city has jurisdiction. He said that he is concerned about possible lawsuits, that he knows that other developments planned. Richard Sanderson asked him if he had made a study and he said yes and that he had sent some information to the City. Mayor Nix said he received it and that it is being studied and there will be some recommendations forthcoming. Maxwell Killoch asked Mr. Moore what planned. He responded that usually siltation pond, rubble ditches, hay bales. That one of the problems is that they don't own the land between the projects . Mr. Horner said Art Regis of Daphne has mandated detention ponds for every development, that Potter's Mill is a good example. Ack Moore said he has designed a detention pond and set up a 8 x 6 culvert and other mechanisms for pre -development flow and to slow down the after development flow. Ack went on to say that a lot of siltation comes from the Auburn extension station that when the grass is stabilized it is not bad. Jim Horner said that the pipe does not stop the velocity, with what designed now, it is roads and houses that cause the extra runoff. Cindy said she is uncomfortable with continuing to add to the problems. Bob asked Ack if after the development would the runoff be any greater than before, he said no. There was no further discussion on this. The Woodlands, land of Arthur Corte was authorized to be advertised for the April meeting. Fairhope North a site plan review of townhouse/condos was presented by Clay Admas for Barrie/Chapman. Mr. Adams showed a drawing that had been revised showing 18 units on 1 Z acres and remarked that the spacing had been increased between the units and that he had talked with Tim Kant about garbage pickup and fire necessities thereby providing 3 ft more than what ususal. He said the units would be approximately 2100 sq ft and 22 stories. There is a 30 ft. height requirement and they have 29 ft. Bob interjected at this time that the ordinance says 2 story or 30 ft. but that could be waived. Mrs. McBrearty questioned the natural border. Clay said that they did plan a natural border but wished to have a view also. David Bishop said he would be the first to say he thought this was a much better plan. Maxwell Killoch moved for approval of site plan as presented, Cindy McBrearty seconded and motion carried unanimously. Volanta Resubdivision - Application of Margaret Glover for a resubdivision of Lots 1-3 and 22-24, Block 5 was considered. Bob had commented the plat was in order and preliminary and final approval was recommended. Maxwell Killoch moved to grant approval, David Ed Bishop seconded and motion carried unanimously. The First Alabama Bank had made another request for recission of agreement between the city and Baldwin County Savings & Loan regarding non -access to Pleasant St as an egress/ingress. This was last discussed at 10/06/92 meeting and it was decided then to hold them to original agreement. Jack Lucey moved to again hold them to original agreement. Cecil Pitman seconded and motion carried unanimously. There being no further business, meeting was duly adjourned.