HomeMy WebLinkAbout11-01-2004 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday,
November 1, 2004 at 5:OOPM at the City Administration Building in the
Council Chambers
Present: Richard N. Charles,Tim Kant, Dan McCrory, Larry Green, Jean
Wilson, Ed Brinson, Lee Turner, Debbie Quinn. Christopher Baker, Director
of Planning & Zoning, Betty Rivenbark, Secretary. Absent: Bob Clark
The minutes of the October 4, 2004 meeting were considered and approved
as written on motion by Larry Green, 2"d
by Ed Brinson and passed with one
abstention by Debbie Quinn.
ZC04.10 Public hearing Stone Creek PUD/Rance Rheel conditioned on
annexation(generally located east of State Highway 181 south of Quail
Creek) Mr. Baker spoke saying this property contains approximately 174
acres and proposed to be developed as a residential and light commercial
project. The property is located outside the city but proposed to be annexed
and zoned as a PUD. They are proposing 226 residential lots ranging in
size from 1 acre to 7,000 sq. ft. with most being in R1 range size. There are
4 commercial lots proposed. He said they are proposing 2 primary cuts to
Hwy 181 and that state approval will have to be sought as it is a state
highway. Drainage will have to meet city requirements, he advised the
traffic layout is very creative and embraces the concepts established in the
comprehensive plan. In the commercial lots 35 condo units will be allowed.
The commercial proposed is a maximum of 106, 200 sq ft with a maximum
footprint of 20,000 sq ft. The building height proposed is 35'and 40' for
single family and commercial lots respectively. They will meet landscaping
requirements. They will meet lot coverage, signage, noise and exterior
lighting requirements. He said there are wetlands that run through the
property and will be included in a conservation easement that the developer
is currently working on. The wetland will be used as a passive recreational
area. His recommendation was to approve as requested since it is a village
center that falls within the parameters established by the Comprehensive
Plan. Robin Gregory,of Volkert & Associates, spoke on behalf of the
applicants and gave a power point presentation. The public hearing was
opened and Frank Leatherbury spoke asking if this was near Cowpen Creek
and said that Cowpen Creek has problems now, erosion and sedimentation
issues, he also asked how much room they were leaving between wetland
area. Mr. Gregory said they are not looking to fill the wetlands but will make
a lake. Mr. Leatherbury said they should stay 300 feet away from wetlands,
do everything upland. Jim Smith spoke and said that we should consider
topo when we make road cuts that it is very difficult coming out on Hwy
27(181). There were no more comments from the audience and the public
hearing was closed. Larry Green asked what planned for north side of
property and was told it is not part of PUD or annexation reserved for future
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Page two — November 1, 2004
development. He asked about Route 44 to the east and was told they had
contacted Tom Granger, the County Engineer, and he said they had no
plans now or in the future to extend this road. There is 60 ft power line
easement. Larry Green said this is an issue he thinks that 20 ft should be
dedicated for future roadway to connect to Cty Rd 44 with this project.
Christopher Baker said that a master through way is in the comprehensive
plan. Lee Turner said he had a problem with deeding wetlands to an
individual that there would be no policing once the property is sold. He said
further that the lots are big enough without wetlands. Debbie Quinn asked
about acceleration/ deceleration lanes. Christopher Baker said they would
be required with first phase. Jean Wilson had question about building height
and questioned 20,000 ft commercial when 18,000 ft was what
comprehensive plan allowed. Further discussion led to a motion by Lee
Turner to recommend approval to the City Council with 18,000 square feet
allowed for commercial, with 20 ft. right of way easement dedicated for
future roadway and wetlands not being included in any individual lot as part
of deed. Ed Brinson 2"d the motion and it carried unanimously.
ZC04.11 Public hearing to consider the request of the Daniel
Corporation for a zoning change to a PUD condition on Annexation for
the Somerby of Fairhope(Generally located east of Scenic 98 south of
Nelson Road and west of Heard Road) Mr. Baker said this is the "Breland
Property" that has been considered before and contains 22.23 acres and the
proposal is a self contained senior residential community. The Corps of
Engineers has issued a permit to fill 10 Y2 acres. The proposal is for 39 lots
and lots 1-38 are proposed to contain single family homes. Lot 39
encompasses 32 duplex dwelling units and a 61 foot multi -story healthcare
facility with 158 living units. He said Somerby projects completed by the
Daniel Corporation are fine developments. However, there are certain
aspects of the location of this proposal that do not make planning sense. A
61 foot multi -story healthcare facility is not congruent with the neighborhood
character of this area. The density of 10.3 dwelling units per acre is not
congruent with the neighborhood. He also mentioned double frontage lot
issue and the filling of wetlands. He said staff supports the Daniel
Corporation efforts and development philosophy, however, the location of
this development creates more planning related issues than it solves. Ray
Moore spoke for Hutchison, Moore & Rauch and introduced John Gorecki of
Daniel Corporation. Mr. Gorecki presented the plan to the Commission and
concluded with it will bring 80 new jobs to the area and increase revenue.
He said the wetlands would be dedicated to the city. The public hearing was
held and Bill Mundy, John Parker, Dr. Eldon Blancher, Fred Killion and Judy
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Page three — November 1, 2004
Wilkins, David Ryan, Dick Lacey all spoke against the project, citing what
would do to small neighborhood, problems from wetlands filling and what
would do to area, habitat and bay. They maintain city has final right to issue
permit on construction in wetlands and implored that the character of
neighborhood remain the same. The public hearing was closed and further
discussion led to commissioner Larry Green moving based on comments
and prior precedence he recommended denial to the city council of the
project. Debbie Quinn 2"d
the motion and it carried with one abstention by
Ed Brinson. Mayor Kant commented that he thought it was a good project
and hoped the Daniel Corporation would consider putting it in another area
in Fairhope.
SD04.62 Preliminary Plat of Song Grove(Generally located east of Booth
Road north of Fairfield) Mr. Baker said Mr. Pliska owns this 27 acre parcel of
property that is outside the city. The proposal is to create 57 lots and the
property is not zoned. He pointed out that this property could connect to
Nichols Ave Ext should it ever get constructed and he asked the developer if
they were willing to escrow monies for paving Nichols. The developer
indicated they would be happy to do so if they did not have to pave stubs but
merely dedicate the ROW. They are requesting a waiver of stub requirement
to the south on Song Grove Blvd because of topo and drainage on the
property to the south. All other issues have been met or agreed to, he
recommended approval. Mr. Hutchison of Hutchison, Moore & Rauch
represented Mr. Pliska and he was told stormwater in this area is a grave
concern. Mr. Hutchison replied he knew because their firm had done a
study of the whole area. He presented a drawing showing how they planned
to handle water and having 60" pipes. He said they have even planned
down to two year storm. The water problems at Hwy 13 and Morphy
Avenue were pointed out and said no water could run to this area. Debbie
Quinn asked the developer to look at the NE corner drainage again. Further
discussion led to a motion to approve by Dan McCrory, 2"d by Ed Brinson
and unanimously carried.
SDO 4.63 Informal review of the Cottages of Point Clear(Generally
located west of South Section street just north of Beaver Creek) Mr. Baker
said Mr. Bru wants to develop this 4.98 acre parcel of property located
outside the city and is not zoned. Mr. Bru is proposing to have a condo
development. He said the commission could interpret this case as the
developer is proposing which is an extension of Lakewood which has private
streets and gates. Mac Walcott spoke for Mr. Bru and said he views it as an
extension of Lakewood. Discussion led to commission agreeing that this is
extension of Lakewood.
Planning & Zoning Commission
Page four — November 1, 2004
SD04.64 Informal review of the Cottages of Point Clear(Generally
located where Old Battles Road curves north west of S. Section Street) Mr.
Baker said Mr. Bill Bru wants to develop this 11.2 acre parcel of property
located outside the city and have private streets and gate, create a condo
development. It fits the village subdivision requirements but they desire
private streets and have the same issues as the case above. The
commission viewed this as also being an extension of Lakewood. Dan
McCrory brought up that there is now a device that can be put on the gate
that would allow them to open at the sound of a siren and suggested they
look into it.
SR04.07 Site Plan Review of Bay Eyes/Dr. Gravlee(Generally located
across from the Middles School on north Section Street) Mr. Baker
mentioned the height requirement waiver that had been approved through
the Board of Adjustments & Appeals. He said they have provided all
necessary documents. Andy Burrell represented Dr. Gravlee. Ms Quinn
asked about permeable parking area and was told it is in the rear of the
property; she asked about landscaping and trees and was told of plans.
All questions answered satisfactorily, a motion was made by Larry Green to
approve the plan as presented. Lee Turner 2"d the motion and it carried
unanimously.
IR04.06. Report from Commissioner Dan McCrory on Stormwater
Pumps Mr. McCrory said the stormwater pump sub -committee met on
October 29 and the question posed was does the city want to allow
stormwater pumps in the planning jurisdiction of the City. Discussion was
held pro and con with all parties expressing opinions. The sub -committee
voted 3-1 that the city not allow stormwater pumps in the planning
jurisdiction. They also recommended that a subdivision regulation
amendment be prepared to this affect that it is clear to all developers and
engineers in the future.
There being no further business meeting was duly adjourned at 7:00 PM.
Richard N. Charles, Chairman Betty R nbark, Secretary