HomeMy WebLinkAbout03-01-2004 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday,
March 1, 2004 at 5:OOPM in the Council Chambers at 161 N. Section
Street
Present: R. N. Charles, Chairman; Tim Kant, Dan McCrory, Bob Clark,
Jean Wilson, Ed Brinson, Mike Ford, Christopher Baker, Director of
Planning & Zoning and Betty Rivenbark, Secretary. Absent: Larry Green,
Lee Turner
The minutes of the February 2, 2004 meeting were considered and
approved as written on motion by Jean Wilson, 2Id by Ed Brinson and
unanimously carried.
ZC04.01 Public hearing rezone request of Susan Calhoun and Sally
Megginson for their property from R-1 Low Density Single Family
Residential to R-2 Medium Density Single Family
Residential (Generally located south of Bay Place on the west side of
south Mobile Street). Mr. Baker said Danny Calhoun is representing his
wife and her sister. This was John Duck's property located on the bay and
the request is to divide the property from one lot to two and the request is
not inconsistent with the comprehensive plan. He mentioned he had
received several calls and a letter from the Bay Place property owners
association which he had responded to. He said plans are that the
existing house would stay and one additional house would be built. His
recommendation was to approve with it noted that staff cannot sign the plat
and it be recorded until it is finally approved by the city council. Mr.
Calhoun spoke saying he had also talked to the parties mentioned. The
public hearing was opened and closed with no other comments. Bob Clark
moved to recommend approval to city council as recommended by staff.
Mike Ford 2"d
the motion and it carried unanimously.
SD04.09 Final Plat approval of Idlewild Phase 7B (Generally located
west of Cty Rd 27 and south of Fairhope Avenue) Mr. Baker said this is a
6.13 parcel of property being divided into 11 lots and is zoned R2-Single
Family. He said the public infrastructure has been put in, no greenspace
required, and bond will be posted for streets. He recommended approval.
John Avent was present and said he would answer questions. Mayor Kant
said he had gotten calls about the sidewalks being placed so far into the
yard and John said he had gotten calls also, and said there are new
requirements in force with this phase. Chistopher said this is an issue
because the right of way is wider and street is wider with this phase. The
mayor said the goal was to have engineers design streets, trees and
sidewalks that will fit in the subdivision, that work from the beginning of the
development. Further discussion led to a motion by Ed Brinson to approve
as recommended with the Planning Director getting with Mr. Avent to see
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March 1, 2004, Page Two
what can be worked out and make a report next month on the sidewalk
issues and plantings on future development for phase 7. Dan McCrory 2"d
the motion and it carried unanimously.
SD04.14 Minor Plat approval of Duck's Land ing(GeneraIly located west
of South Mobile Street just south of Bay Place) Mr Baker said this is the
property that was considered earlier for re -zone and Mr. Calhoun is
requesting a division of one lot into two. He said the plat is consistent with
the plan and all issues have been met or agreed to, he recommended
approval with signing of the plat after city council approves the zoning
change. Tim Kant moved to approve plat, Ed Brinson 2"d the motion and
it carried unanimously.
SD04.15 Final Plat approval of Canebreak(Generally located east of
Section street just north of Fairhope North) request of Bobby Clark and Pat
Achee. Christopher Baker spoke saying that the plan is consistent with the
comprehensive plan, the project engineer has provided the needed
certifications, calculations and insurance on drainage and a maintenance
and performance bond for the streets and utilities will be provided. He
recommended approval and noted that the erosion control done on this
was very good and commended Mr. Clark and Mr. Achee for their hard
work on this. Mike Ford moved to give final approval, Jean Wilson 2"d the
motion and it carried unanimously.
SD04.17 Minor Subdivision of Wilcutt Subdivision(Generally located
east of Gunnison Road just north of Lawrence Rd)Mr. Baker said this is a
request from Kenneth Wilcutt to divide his 14.41 acres into 5 lots with the
smallest being 2.34 acres. The property is located outside the city in the
planning jurisdiction. He said the engineer has provided for stormwater
management and no water and sewer is available to the property but they
have health department approval from the county. He recommended
approval. Jean Wilson moved to accept as recommended. Bob Clark 2"d
the motion and it carried unanimously.
SD04.22 Request of Narrow Gap Construction for 11.52.11 Review of
a Sewer Line Extension (Generally located east of Cty Rd 27, the north
800 feet of Gayfer Extension) Mr. Baker said per state law, the Planning
Commission reviews the location, character and extent to make sure what
planned is in compliance with the comprehensive plan. He said this will be
built by Narrow Gap Construction and will be done in accordance with the
sewer standards the city adopted and the city will accept the sewer line
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March 1, 2004 — Page three
with a two year maintenance bond. He said further Dan McCrory has
looked at it and he recommended approval. A motion was made by Dan
McCrory, 2"d by Ed Brinson and unanimously carried.
IR04.01 Request of Craig Dyas for approval to move an Oak tree in
front of the entrance to Greeno Road Professional Park. Mr. Baker said
that during the Planning Commission and Council approvals of this
development there was discussion that stated that the Oak tree should not
be moved. In a meeting with ALDOT a design for proposed drive in a
different location was presented, but the request was denied. Mr. Dyas
went to the Fairhope Tree Committee and gained approval from them to
relocate the tree however, he was also asked to come before the Planning
Commission. Mr. Baker's recommendation was to deny the request as Mr.
Dyas knew the tree was there when the property was being considered for
development. Mr. Dyas spoke in his behalf telling of going before Tree
Committee and guarantee that he would replace trees if they die within a
two year period. He told of the transportation department's refusal of
entrance design and also mentioned there is only one curb cut planned for
whole development. Mayor Kant spoke saying he help plant everyone of
Corridor 98 trees and feels that if we give Mr. Dyas permission to move
these trees we will be besieged with requests from this point on. He knew
trees were there when he designed the development. Further discussion
followed with Bob Clark asking, where does it stop, if we make rules need
to enforce them and not make waivers for certain individuals and make
others adhere to the rules, need to be consistent. Mike Ford said he had
looked at it as member of Tree Committee and saw no problem with their
recommendation. John Parker, of Corridor 98, spoke saying he learned of
it after it had been acted on and said this was a trust that had been entered
into by the city and citizens and this is first tree adjusted in Fairhope, that
this project was a civic effort and added pride to the communities of
Fairhope and Daphne. He said there is plenty of room between the 75 foot
spacing. Further discussion was held and Jean Wilson said we need to
take measures to identify trees in the future and moved to approve tree
move, Mike Ford 2"d the motion. Motion carried with two no votes by Tim
Kant and Bob Clark.
Under old business, Fox Run was carried over from the last meeting as
there were not enough members to make a quorum once Mr. McCrory
reclused himself. Mr. Baker said this property is located outside the city
limits(located west of Cty Rd 27 and south of Cty Rd 34) containing 8.97
acres and they are proposing to create 3 lots. He said the plat is consistent
with the plan, city water is available but sewer is not, no streets are to be
Planning & Zoning Commission
March 1, 2004 — page four
constructed. Stormwater storage will have to be provided. He
recommended approval. Seth Moore represented Mrs. Joyce Brown and
said this is a vacant piece of property. Tim Kant moved to approve, Jean
Wilson 2"d the motion and it carried with one abstention by Dan McCrory.
Tim Kant said, referring to the tree situation, in the future we need to make
sure all developments identify street trees, make that a recommendation
and be consistent.
Meeting was duly adjourned at 6:15 pm.
I
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Betty Ri +nbark, Secretary
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R. Nharles, Chairman