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HomeMy WebLinkAbout04-05-1993 Planning Commission MinutesM E M O R A N D U M TO: FAIRHOPE PLANNING COMMISSION Meeting of: 05 APRIL 1993 THE WOODLANDS IN FAIRHOPE - UNIT 1 - Application of Arthur Corte for preliminary subdivision plat approval of 23 Lots. I have examined the plat and the construction plans and submittals for this project and find the same to be in substantial conformity with the regulations except that there must be provided at the temporary end of Woodlands Avenue a temporary turnaround as provided by Section 708.1 of the regulations. Drainage design considerations are such that the post development runoff and velocity will be equal to or less than that of predevelopment. Developer's engineer advises that the N.P.D.E.S. Permit Application is on file with the Alabama Department of Environmental Management. The streets, drainage, and water and sewer mains and laterals will be constructed under the public assessments program which is under the direction of Moore Engineering Company, acting as the City's engineer of record for the project. Moore is therefore certifying to the City that the design fully conforms to the City's requirements. The platting of lots, landscaping and electrical service is not a part of the assessment program and not a part of Moore's responsibility. The engineering and surveying firm of Rester and Coleman has been retained by the developer as site engineer and it is they who have actually developed the plans certified by Moore for on -site improvements, as well as work excluded from the assessments program. The performance bond required of the Contractor for public assessments will obviate the need for the usual developers bond for construction of improvements. However, this shall not be construed as a waiver for the two-year maintenance bond required by Chapter 19 of the Code of Ordinances, and which must be posted before the City accepts streets and utilities for maintenance. I recommend that preliminary plat approval and license to construct be give subject to the usual requirement for a pre -construction conference before work is begun and subject to requirement for temporary turnaround. ROCK CREEK - A PLANNED UNIT DEVELOPMENT - Application for Preliminary Approval of P.U.D. ZOCOMM93 01 APRIL 1993 The entire site has been recommended for special zoning as a planned unit development to the City Council. The Preliminary Plan under consideration includes areas reserved for future development. Since the development largely consists of single family use where individual lots will be conveyed, the subdivision regulations will apply and a preliminary plat must be approved for the construction of streets and utilities. The construction is being performed under a public assessments program of the City under the direction of Moore Engineering Company, which is acting as the City's engineer of record for the project. Moore is therefore certifying to the City that the design fully conforms to the City's requirements for streets, drainage and utilities. The platting of lots, landscaping and electrical service are not a part of the assessment program and not a part of Moore's responsibility. David Volkert and Associates is retained by the developer as site engineer and it is they who have actually developed the plans certified by Moore for on -site improvements, as well as work excluded from the public assessments program. I have examined the preliminary plan and written statement and the same appears to be in substantial conformity with the Ordinance requirements. Developer does request a waiver of the general requirement of Section 6.52 (3) for a 40 foot perimeter setback. I would recommend that the request for waiver be granted and that the preliminary plan be approved by the Commission, subject to a pre - construction conference among the engineers, developer, City's general superintendent, contractor and myself prior to beginning construction. The preliminary subdivision plat likewise appears to be in conformity and I recommend that final approval and license to construct be issued subject to the aforementioned pre -construction conference. Developer has undertaken clearing operations prior to the letting of contract for assessments program in order to expedite the work and it is not the city's intent to delay clearing for pre -construction conference. The drainage calculations and other documentation presented for this project is very extensive. The review of such a volume of information is beyond the scope of a limited time review and public hearing. The information is a matter of public record open to review by the public as well as members of the Commission. I will be glad to arrange for a meeting with you, the engineer and myself if you desire more extensive review. ZOCOMM93 01 APRIL 1993 To summarize the drainage criteria, the engineer has assured me that the design is such that the post development runoff will be equal to or less than that of predevelopment. You may wish to call on the Engineer to summarize his design for your information and as a matter of record during the meeting. Since the streets and utilities are under public assessments and the control of the work is vested in the City, the performance bonds required under the contract will obviate the need for the usual developers bond. However, it should be noted that, prior to acceptance of streets and utilities for maintenance, the Performance Bond will have to be extended to cover the two year period after acceptance of the work and must be payable to the City of Fairhope as required by the general ordinances of the City. HAWTHORNE GLEN - UNIT 1 - Application for Final Plat Approval, 33 lots. Based on inspection by the City's general superintendent and laboratory test reports, it appears that streets and utilities have been constructed in conformity with the approved preliminary plans. The Final Plat appears to be in substantial conformity with the regulations and final approval for recording is recommended. It should be noted, however, that the acceptance of the Plat for recording by this Commission does not in any way imply acceptance of streets and utilities for maintenance by the public. Such acceptance is by sole authority of the City Council, by resolution. No building permits shall issue until such acceptance has been made. GAINSWOOD S/D - Submittal of 157 lots for informal plan review, with proposed phased development. Subject land is outside the City on Baldwin Co. Hwy. 27. The County's regulations will likely require a minimum of 60 wide rights -of -way. Health department approval will be required for underground sewage disposal. Stormwater detention will be required to keep post development runoff equal to or less than that of predevelopment. N.P.D.E.S. Permit will be required. Construction plans by Alabama registered professional engineer will be required. Informal plan review requires no vote or action by the Commission. ZOCOMM93 01 APRIL 1993 HUNTERS GLEN - Application fails to meet the requirements for preliminary plat review and should be continued for review at the May meeting at applicants option. No plat can be considered for review until the Owners of the land have executed an Owners Certificate on the face of the Plat. Future submittals should include construction plans by an Alabama registered professional engineer where new streets and/or utilities are proposed. All plats within the extra -territorial jurisdiction require the County Engineers approval thereon, as well as endorsement by the Health Department. All plats must include stormwater runoff calculations. 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 I. 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. FIRST ALABAMA BANK - Banks representative requests 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 final action on rescission of the agreement which grew out of zoning considerations in 1984 will likely have to be made by the City Council. However, it is doubtful if the Council will, or properly can, hear the request without first having a report from the Planning Commission thereon.) Note: Application for zoning change by George McKean is being continued at his request Respectfully submitted, Robert Lunsford Planning/Zoning Officer ZOCOMM93 01 APRIL 1993 The Planning & Zoning Commission of the City of Fairhope met Monday, April 5, 1993 at 5:00 p.m. at the City Administration Building, 161 N. Section Street Present: Richard Sanderson, William Lucey, Cindy McBrearty, Cecil Pitman, Tim Kant, David Bishop, James P. Nix, Robert Lunsford ZEO and Betty Rivenbark Secretary The minutes of the March 1 regular session and 3/11/93 special session were duly approved as written on motion by James P. Nix, seconded by Cindy McBrearty. A public hearing was held on The Woodlands, Unit 1, 23 lots being developed by Arthur Corte . Mr. Lunsford's comments were considered (attached to minutes) and he had recommended preliminary plat approval and license to construct be given subject to the usual pre -construction conference before work is begun and subject to temporary turnaround being included in plans for Woodlands Avenue. Bob had further commented that Fly Creek was the dividing line that property south of creek was being planned for residential and north designed for commercial. Further that north is near commercial property already so this would be a logical extension. - Cecil Pitman moved to recommend approval of zoning as requested and forward on to City Council with this recommendation. Tim Kant seconded and motion carried unanimously. James P. Nix moved to approve preliminary plat subject to Bob's provisions. David Bishop seconded and motion carried unanimously. Zoning request was - Parcel A 50 acres ± being established as B-2 Commercial Development and Parcel B 129 acres being established as R-2 Single Family Residential . A public hearing was held on a parcel of land on the south side of Nichols Street East of Greeno Road west of the V.F.W., application by Taney Brazile with zoning requested as M-1 Light Industrial. Bob related that the land to the south is B-2 and to the east is the V.F.W. that this would be a logical extension in this area. Further discussion led to a motion by Tim Kant to approve zoning as requested and recommend same to the City Council. David Bishop seconded and motion carried unanimously. Preliminary approval was being sought on Rock Creek the PUD at the north end of town. Bob had commented that the subdivision regulations will apply and preliminary plat must be approved for the construction of streets and utilities, and construction is being performed under a public assessments program. That David Volkert and Assoc. is the site engineer and they have developed the plans and are working with Moore Engineering on on -site im- provements and work excluded from the public assessments program. Bob said he had examined preliminary plans and that they appear to be in order. J They had requested waiver from 40 ft. perimeter setback requirement and he had recommended waiver as R-1 rear yard setback would be 35 ft. Bo had recommended preliminary plan approval w/waiver. Preliminary subdivision plat was also recommended for approval subject to pre -construction conference. Bob mentioned further that he had further plans on drainage calculations that can be viewed by the commission and public if they so desire but the volume prohibited limited time review before this meeting. A motion was made by Cecil Pitman to approve preliminaries requested subject to adhering to Bob's comments. Cindy McBrearty seconded and motion carried unanimously. Application of Hawthorne Glen -unit 1 for final approval was sought. Bob had written that the final pat appears to be in substantial conformity with the regulations and final approval for recording is recommended. He noted that he needs certification on as -built plans he has. James P. Nix moved to approve for final subject to certification being put on as built plans. Tim Kant seconded and motion carried unanimously. Planning & Zoning Commission April 5, 1993 - Page two Hunter's Glen subdivision was discussed. Bob had written that this application failed to meet the requirements for preliminary plat review and should be con- tinued for review at the May meeting . Also, that no plat can be considered for review until the owners of the land have executed an owners certificate on the face of the plat and construction plans by an Ala. registered professional engineer where new streets and/or utilities are proposed submitted the County Engineer's approval on all plats within the extra -territorial jurisdiction and health department endorsement. Carlton Niemeyer was present and took exception to what Bob had asked for. He said he had read the subdivision regulations and had been unable to find anything that is not in compliance. Mr. Lunsford disagreed, further stating that there are require- ments applicable other than the subdivision regulations - matters of state and federal laws and regulations. Further discussion led to a motion by Tim Kant 2nd by Richard Sanderson to hold over until next meeting as suggested. Mr. Niemeyer asked that the minutes reflect that he disagreed with Mr. Lunsford. Gainswood a subdivision of 157 lots for informal plan review was discussed. Bob had commented that this land is outside the city on Baldwin Cty Hwy 27. That we will need health department approval and county would probably require 60 ft. rights of way and stormwater detention. He listed other requirements and had noted no action was needed on this tonight. Preliminary and final approval of Eastfield a six lot subdivision located at Grant Rd at Lawrence road outside the city was discussed. This had been on the agenda at least 2 times before but was held over because we did not have health department approval. The plat presented tonight did have it and Bob had recommended preliminary and final approval. A Wayne Hill spoke saying that the lot size and house under construction are way below what is in the area and that they are afraid it will devalue their property. That he feels the sewage runoff will be a health problem, that the increased runoff is already creating problems now. It was noted that this is outside the city limits and we have no land use control as long as it meets require- ments of subdivision regulations. Seth Moore spoke representing the owner Mrs. Corrente, he said the plans of the house he mentioned were for 1300 ft, and that the health department had approved the field lines, that what proposed is natural drainage and the developer would terrace the lots as he builds, that the natural drainage does go to Cowpen Creek. Ernest Gabel spoke saying the septic tank pad is within 100 ft of him, and that they are proposing to put too many houses on that small a piece of property. Seth noted that Mr. Gabel and Mr. Hill are on city water, and that extra tests were made by the health department to show that the drainfield could fit on the lot, they even moved the lot line over 5 ft. on the east side of the subdivision. It was noted again that we do not have right to say how many lots on property. Richard Sanderson moved to give preliminary and final approval to subdivision as requested. Cindy McBrearty seconded and motion carried with David Bishop opposed. Mayor Nix asked if each one would require health department approval and the answer was yes. The request to be heard by First Alabama Bank .had- been withdrawn. George McKean had requested his zoning change be continued until a later date Mr. Killoch's letter regarding the siltation in Fly Creek, the overall masterplan and limited access to Hwy 27 was discussed. Bob said he is prepared to conta4 the County engineer regarding stormwater development act and would look at and adopt if they have it ready. On Highway 27 he agreed they need to improve the road at some point in time. Tim request that he would like for the commission to consider having sidewalks put in masterplans in subdivisions, make sure temporary turnarounds are included in plans and that signs and street markings are erected before we give final approval on subdivisions. No action was taken on this. There being no further business, meeting was duly adjourned.