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HomeMy WebLinkAbout09-09-1993 Planning Commission MInutesThe Planning 8 Zoning Commission of the City of Fairhope met Thursday September 9, 1993 at 5:00 p.m. at the City Administration Building, 161 N . Section Street Present: Chairman Richard Sanderson; members Cecil Pitman, Cindy McBrearty, James P. Nix, Mike Ford, Tim Kant; Zoning Enforcement Officer Robert Lunsford and Secretary Betty Rivenbark The minutes of the August 2, 1993 meeting were approved as written on motion by James P. Nix, seconded by Tim Kant and unanimously carried. Don Brady, Executive Director of the South Alabama Regional Planning Commission, spoke to the Commission on a proposed update for the Comprehensive Plan of the City of Fairhope. He started out by giving a brief history of Fairhope, 'its` beginning in 1894 and incorporation in 1894 with 500 citizens. He said that any new should blend with the old and that Fairhope has been able to do that, the charm is already here. He said the comprehensive plan once updated would be a good legal instrument for the city and good guide for the city government and Planning Commission to use. He said the first plan was developed in 1975 and updated once since that time. That the update will contain information on land use, housing, and other valuable information that will be helpful to the police and fire departments and good for long range planning and evaluation of unincorporated areas. He went on to say that the cost for this update would be $16.200.00 and that it would take them approximately one year to update or less. He said the commission •would have to schedule extra meetings and view documents but that should not be a problem. Dick Sanderson asked him how long before he could start. He said 4-6 weeks. Any further questions were called for, there were none. Cindy McBrearty put in the form of a motion recommending to the City Council that we employ SARPC for the price quoted to do our comprehensive plan update. Tim Kant seconded and motion carried unanimously. Barr Harbor Mr. Sanderson had asked Bob to brief the commission on this. Bob had commented that this was a 2 lot application of Robert Phillips at Battles Wharf and that the plat appeared to be in conformity with the regulatior and he recommended preliminary and final approval. Any questions were called for, there were none. A motion was made by Cindy McBrearty to approve as requested preliminary and final, Cecil Pitman seconded and motion carried with Mr. Ford abstaining to vote. Bradley's Corner A 3 lot subdivision at County Road 27 and County Road 34 by Auburn University Foundation was considered for preliminary and final approval. Bob had commented that the plat appeared to be in conformity with the regulations and he recommended approval be given. Cecil Pitman moved to approve as recommended, Mike Ford seconded and motion carried unanimousl, Glen Hardy Farms An informal plan review of Robert Mitchell for a 16 lot subdivision on the south side of Volanta Avenue east of the Pines subdivision. Bob had written extensive comments on this regarding stormwater provisions and the proposed lots being marginally usable, and that a bulb at mid -block as shown on the plans creates a potential hazard. He • commented that the plans as presented had a lot of problems(see comments attached -for further details) and that he recommended the developer and engineer look at carefully before coming back with preliminary plans. (No action required by the commission) Pt. Clear Estates Informal plan review of Jack Ponder for 31 lots at Point Clear east of Alt. U.S. 98 and south of Lakewood. Bob had commented that this is outside of city and not subject to no zoning regulation. That it was subject to stormwater management requirements and ADEM and County require- ments. He pointed out that the other owners need to be included in the plat. No action was required of the commission at this time but they had to meet the most restrictive regulations whether they be city or county. is TO: FAIRHOPE PLANNING COMMISSION II FROM: Meeting of: 09 SEP 1993 Planning/Zoning Officer BARR HARBOR - Application of Robert Phillips for Preliminary and Final Plat approval of two lots at Battles Wharf. Plat appears to be in substantial conformity with the regulations and Preliminary and Final Approval is recommended. BRADLEY'S CORNER - Application of Auburn University Foundation for Preliminary and Final Plat approval of three lots at County Road 27 and County Road 34. Plat appears to be in substantial conformity with the regulations and Preliminary and Final Approval is recommended. GLEN HARDY FARMS - Request of Robert Mitchell for Informal Plan Review, revised plat of 16 lots on the south side of Volanta Avenue, east of The Pines Subdivision. Property is currently zoned R-1. Although the area of development is less than ten acres, the new street involved will trigger the requirement for storm water management as set out in Section 804 of the Subdivision Regulations. The retention pond contemplated will be required to provide for differential runoff; however, it will also result in concentration of runoff at the release point. The engineer must demonstrate that his design will mitigate potential downstream damage to lower lying lands. The retention structure must be designed to survive beyond the 100 year storm event. There must be provided a legal entity to assume maintenance responsibility for the retention pond. The City will not accept for maintenance any storm water facilities outside the public street right-of-way. As you can readily see from the attached sketch, a number of the proposed lots are marginally usable. Assuming a building plan adapted to the lot, they may accommodate a modest structure. Both the owner and his buyers should be aware that the platting of lots marginal in size does not constitute grounds for variance by the Board of Adjustment and, absent some condition which would prevent any reasonable use of the property, applications for variance will likely be rejected as without merit. Ordinarily, a bulb at mid -block serves to mitigate overly long cul-de-sac streets. However, a bulb at a right angle turn as is shown on the sketch, in my opinion, creates a potential hazard and should be eliminated, creating instead a long radius block corner. 21 AUG 93 22 AUG 93 28 AUG 93 ZOCOMM93.fpc All cul-de-sac fronting lots may require that the front building setback be adjusted so as to coincide with an arc of not less than 100 feet, measured between the side lot lines. That may particularly adversely affect Lot 10. As presented, this plan appears to have problems which are formidable if not insurmountable. Review is informal and requires no action by the Commission. POINT CLEAR ESTATES - Request of Jack Ponder III for Informal Plan Review of 31 Lots at Point Clear east of Alternate U.S. 98 and south of Lakewood Estates. The land is outside the City and, at this time, is not subject to any zoning regulation. It is subject to the storm water management requirements of the subdivision regulations as well as to A.D.E.M. and County requirements. If lots indicated "other owners" are to be included in the plat, those owners will have to join in Owners' Certificate. Since a divided median is proposed to conserve trees, a ten foot easement across the fronts of lots should be provided for utilities. Curb and gutter should not be required adjacent to the median in order that as much storm water as possible be returned to the ground and not forced to runoff. Since the County will assume maintenance, the county engineer may require ribbon curb adjacent to median to stabilize pavement edges. If used, top of ribbon curb should be depressed one-half inch below edge of pavement grade and overlaid with asphalt so as not to create a barrier to runoff to the median. Ribbon curb should extend downward far enough to form a barrier to prevent backflow of water to the roadway base material. Review is informal and requires no action by the Commission. COMPLAINT - 26 LAUREL AVENUE - The complaint filed alleges a recurring misuse of residential property which is not compatible with the zoning district. Evidence leads me to believe that there was some merit in the complaint. However, I have in possession a copy of a lease agreement whereby the owners of 26 Laurel have leased the premises on a month to month basis at the pleasure of the lessee. I have verified that the persons occupying 26 Laurel are the persons named in the Lease. It appears to me that the violation alleged has been mitigated. As the enforcement officer, I, for several reasons, do not expect to attempt any punitive action against the owners of the property for the violation alleged to have occurred. (Ann & George Whitaker - 26 Laurel Ave < Camden, TN) 21 AUG 93 22 AUG 93 28 AUG 93 ZOCOMM93.fDc V oL ANTP. AV�_ � MO IL 2S• l47 3-5 moo' J V a T.9 DYER A. b 12 VOLANTA C1TY of AVE. e FAIRHovt=,Al. I� � se' ao Z�° ( 160 . ' I 11 f F 140u: . rTire' /144o' w / 1 ROBERT D M I TC W E �" '920c0Y y y' © O7 177_ GREENWOOD PARK -516 ;` Planning & Zoning Commission September .9, 1993 - Page two Bob had included in his comments a complaint alleging that the property at 26 Laurel Avenue was being misused and not compatible with the zoning district. Mr. Sanderson said he is in sympathy with the complaintant but there was nothing that the Planning Commission could do. That their function was not to answer any appeals, they only studied the zoning ordinance and made recommendations to the city council. He said the city council or Board of Adjustments and Appeals wasthe way to go, as he sees it there is nothing the Planning Commision can do and it does not belong on agenda. Mr. Inge asked to be heard and asked if there was any relief his complainant could get. Mr. Sanderson siad they could go to the circuit court. Mr. Lunsford explained the circumstances involved and said he had in his possession a signed lease that these people were going to be renting the -house and he would continue to monitor the situation. Mr. Inge said he wished to solve the problem not create one and enlist the help of the city, not go to court. Mr. Nix said we will do what we can to see that that situation will not happen again, there is no law that says they cannot rent their property. Mr. Lunsford said they will take whatever action we need to take to see that it will not happen again. Mr. Inge said he had talked to Tut Wynne that he thought that might be the right avenue to take. It was discussed having Bob write again and also having Mr. Wynne write a letter to the Viras and very clearly inform them that they have to cease and decease. Mayor Nix said he pledged that if it continues to violate the city ordinances we will take them to court. There being no further business to come before the commission the meeting was duly adjourned.