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HomeMy WebLinkAbout02-02-2004 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, February 2, 2004 at 5:OOPM at the City Administration Building, 161 N. Section Street in the Council Chambers. Present: R.N. Charles, Chairman; Larry Green, Dan McCrory, Jean Wilson, Lee Turner, Ed Brinson. Christopher Baker, Director of Planning & Zoning, Betty Rivenbark, Secretary. Absent: Tim Kant, Mike Ford, Bob Clark The Chairman asked the court reporter, who was present at the request of David Hudgens, to present to the Planning & Zoning Commission a copy of any notes she might take. Mr. Hudgins agreed to provide transcripts. The minutes of the January 5, 2004 meeting were duly approved on motion by Dan McCrory, 2"d by Ed Brinson and unanimously carried. SD04.10 Preliminary Plat Approval of Loyola Park(Generally located south of Nelson Road west of Heard Road and east of Scenic 98) Mr. Baker was asked for his comments and said this application has come before the commission in 1999, 2000, 2002 and 2003, it is a 22.23 acre parcel that is proposed to be divided into 33 lots and is outside the city. A portion being in the Point Clear Zoning District and the remaining portion is not zoned. He said the County will have to also approve. No greenspace is required as the lots are more than 15, 000 ft in size. The developer will be posting bond for the construction of walks and trees as required and the plat will have a note that states that homes must front on Heard Road. He said the Corps of Engineers has approved a permit to fill approximately 10.49 acres of delineated wetlands and in exchange for this the developer will preserve 30.64 acres of wetlands. He said the layout does not meet the subdivision regulations with street layout and block design and the developer is asking for a waiver of this requirement because of the limits of the COE fill permit. Hutchison, Moore and Rauch designed the drainage system for the development and at Commission's direction staff had an independent engineer review the proposal and provide an analysis. Audubon International performed the scientific study and Thompson Engineering performed the drainage study and copies of reports were given to Commission members prior to meeting. He said the drainage issues and concerns are also directly related to the proposed filling of the wetlands. He also mentioned letters that the neighborhood had solicited from TAI and McFadden that were included in their package with signed, sealed, certified, and insured drainage calculations from Hutchison, Moore and Rauch that state it meets the city requirements. He also mentioned he had received a letter from Mr. Fred Killion in opposition. To crystallize the information he had provided the following which he read: Planning & Zoning Commission February 2, 2004- Page Two TAI — damage to Titi Swamp, and water quality of the bay will result. Loss of water storage in the wetland area and floodway could have disastrous effect on the development and on existing developed areas. McFadden — Mobile Bay water quality reduction. Stormwater flooding may occur as a result of 10.40 acre wetland water storage loss. This may not impact just downstream, but upstream too. Ponds for the 25 year storm may not be adequate. Audubon International — Loss of water quality in Mobile Bay because of the filling of 10.5 acres of wetlands resulting in reduction of natural treatment of stormwater. Increased sedimentation and increased flow rates in Sweetwater Branch will likely scour and lose its habitat value. Thompson Engineering — The plan and design of the stormwater is generally sound but (5-7) changes are recommended. The most significant would be a "no net fill" requirement. Additionally, changes to some aspects of the design and construction are suggested. HMR letter — the stormwater system can handle a 100 year storm event. The impact of the outflow from the ponds is minimized because of the flat topography and the fact that the outfall pipe is at natural topography. All homes will be built at 1 foot more above the street. Mr. Baker said this completed the picture from environmental and civil scientists and engineers. His recommendation was to deny because the platting of lots in the wetland filling will likely damage health, safety, welfare, and property. Wetland filling will likely produce adverse effects on the property, environment and ecology, and on Sweetwater Branch, Mobile Bay, and adjacent properties. He said further the upland portion of the property could be developed and the commission should give favorable input to the developer on the upland portion and ask that it be resubmitted for approval. Jackie Turner, of Thompson Engineering, spoke and told how they had arrived at their conclusions; David Hudgens, an attorney, spoke on behalf of Mr. Breland, and questioned the report Ms. Turner had given. He was told he was out of order in questioning Ms. Turner this was not a public hearing but request for preliminary plat approval. Scott Hutchison of HMR spoke and said he did not have problems with Thompson Engineering report changes were minor but questioned the "no net fill' as that was used in flood zones and this was not a flood zone area. He explained what they are proposing in the subdivision that will handle the water. Mr. Hudgens spoke again saying information had been withheld from him. He was asked if he wished this to be tabled for 30 days in order Planning & Zoning Commission February 2, 2004 — Page three to look further at information he said was withheld. Mr. Hudgens wanted the case to go forward. Mr. Baker said he knew of adjacent property owners present who wished to speak. Mr. Charles asked for comments. Flor Fellers, an adjacent property owner, spoke against application citing damage to their property over the years and gave a video to Mr. Baker for files that showed flooding on their property and changes in Sweetwater Branch. She cited retention pond that was put in at Sweetwater Circle that was never maintained. Cara Stallman, Baldwin County Planning Dept, spoke and said this application had been denied. She said that this area had been identified in a study they did as highest for conservation. Fred Killion had presented a letter and also spoke against development. Further discussion led to a motion by Larry Green to deny application as per staff recommendation. Lee Turner seconded the motion and it carried with the following vote: For motion: Larry Green, Lee Turner, Dan McCrory, Dick Charles. Against motion: Jean Wilson, Ed Brinson. SD03.64 Minor Plat approval of Bradley's Commercial Park(Generally located at the Southwest corner of Cty Rd 34 and Cty Rd 27) Mr. Baker said that this property contains approximately 3 acres and they are proposing to create 3 lots, that the property is located outside the city and has no zoning. He noted that there are existing buildings on the property that have stormwater management and redevelopment of the site would trigger stormwater engineering and design but a note has been placed on the plat to that effect. He recommended approval. A motion was made by Larry Green to approve, 2"d by Lee Turner, motion carried with Mr. McCrory recusing himself. SD04.05 Minor Plat of Southland Place, Phase 2B(Generally located east of Greeno Rd and south of Manly Road) Mr. Baker said this was an oversight on Southland Phase 2. The property is zoned as a PUD and there was a small parcel of property that was not platted with either phase 1 or 2 but was shown on the site plan as lots. He recommended approval. Larry Green moved to approve as recommended by staff, Dan McCrory 2"d motion and it carried unanimously. SD04.06 Minor Plat approval of Carlton Estates(Generally located between Kirkman and Pier Street) Mr. Baker said this is a division of property, one lot into two and is zoned R2 single family and had come before the commission as an informal review. He said further that a drainage study was required and a note will be placed on the plat that states that all city services will be provided at either Kirkman Lane or Pier Street and that all water meters must be set in the ROW of either Kirkman Planning & Zoning Commission February 2, 2004 — Page four Lane or Pier St. He recommended approval. Lee Turner moved to approve, Ed Brinson 2"d the motion and it carried unanimously. SD04.09 Informal Review Doug Harless(Generally located north of Gayfer Avenue Extension just to the east of Aryshire Estates) Mr. Baker said Doug Harless is the potential developer of this 20.30 acre parcel of property that is located outside the city limits and has no zoning. As issues he said drainage was a concern in this location that the property is generally flat but the applicant had been advised that there may be a higher than normal review of the drainage because of concerns in the region. Also, ditches were shown behind homes. This had come up at an earlier meeting as creating water and maintenance issues. Length of streets was also discussed. It was determined that no one was present regarding this application to receive staff/commission input. SD04.04 Preliminary Plat of Quail Creek Estates, Phase 4(Generally located on the east side of the golf course just to the west of Lawrence Road) Mr. Baker said this is part of approved master plan and contains some 15.6 acres and will create 36 lots. The property is in the City and is zoned R-2 Single Family. He said drainage is a concern but he has talked to Ack Moore and they have agreed to design a "bubble -up" that will take the water to the existing lake. Staff recommendation was to approve. Mr. Moore spoke saying two pipes will run into the bubble up and then the lake. When Mr. Moore said the City may have eventually do more work on the lake he was asked if the subdivision approval should wait until the lake improved. Mr. Baker stated that according to original masterplan handling water runoff is city's responsibility and the dam had just been improved. Mr. Moore further clarified his statement saying that the water would not be raised anymore than an inch in the lake because of this development that he meant the city might have to look at improving lake retention down the road on future development. A motion to approve was made by Larry Green 2"d by Ed Brinson and unanimously carried. Mr. Green left the meeting. SD04.08 Minor Plat of Fox Run(Generally located west of Cty Rd 27 south of Cty Rd 34) Mr. Baker said this property is located outside the city limits containing 8.97 acres and they are proposing to create 3 lots. Seth Moore was representing the owner. Discussion followed with determination that Mr. McCrory could not vote on this and there would not be a quorum without his vote so it was tabled for 30 days. Planning & Zoning Commission February 2, 2004, Page five SD04.11. Public Hearing to consider amending the Subdivision Regulations to require that Property Owner Associations be created and that they maintain stormwater facilities outside of the ROW Mr. Baker said this amendment to the Subdivision Regulations would require that a Property Owner Assocation be created. It also assigns the duty to maintain stormwater facilities to the POA. This proposal is a result of the direction that the commission gave staff at the last meeting. He recommended approval as presented. Lee Turner moved to approve, 2nd by Ed Brinson, motion carried unanimously. SD04.12 Public Hearing to consider amending the Subdivision Regulations to address development and fill in wetlands. Mr. Baker said this amendment to the Subdivision Regulations better defines the city's position on wetlands stating that wetland property can be subdivided but each of the lots must have enough upland area, or dry area, to support the house and accessory buildings. He said further it is important to note that this is the same requirement that the County has in their subdivision regulations. He recommended approval as presented. Dan McCrory moved to approve, Ed Brinson 2nd the motion and it carried unanimously. SD04.13 Public Hearing to consider amending the Subdivision Regulations to create a six month waiting period for plats when denied. Mr. Baker said this amendment creates a six month waiting period if a preliminary plat is denied and had been discussed previously. He recommended approval as presented. Lee Turner moved to approve, Ed Brinson 2nd the motion and it carried unanimously. SD03.49 Public Hearing to consider amending the Comprehensive Plan regarding the Jurisdictional Area. Mr. Baker said this had been previously approved but there was an issue with the advertisement so it is being presented again. He recommended approval as presented. Lee Turner moved for approval, Ed Brinson 2nd the motion and it carried unanimously. SD03.50 Public Hearing to consider amending the subdivision regulations with regard to Jurisdictional Area, Water Service and Sewer Service. Mr. Baker said this had been previously approved but there was an issue with the advertisement so it is being presented again. He recommended approval of all three as presented. Lee Turner moved for approval, Ed Brinson 2nd the motion and it carried unanimously. There being no further business, Betty t ivenbark, Secretary meeting was duly adjourned at 6:30PM. Z/Vl- — R. N. Charles, Chairman