HomeMy WebLinkAbout05-02-1994 Planning Commission Minutesv
The Planning & Zoning Commission of the City of Fairhope met Monday,
May 2, 1994 at 5:00 p.m. at the City Administration Building, 161 N.
Section Street.
Present: Chairman Richard Sanderson; members Mike Ford, Tim Kant,
James P. Nix, Cindy McBrearty, Debbie Quinn, Cecil Pitman
Maxwell Killoch, William Richmond
The minutes of the April 4, 1994 meeting were duly approved as written
on motion by Maxwell Killoch, seconded by William Richmond and unanimously
carried.
River Oaks - Unit 1 This is 39 lots being developed by Dr. Barnes on
Bishop(Boothe) Road and they are seeking final plat approval. Mr. Sander-
son asked Bob to relate his comments. He said that the streets and utilities
are in, there remains to be done some cleaning of the cul-de-sacs, landscaping
around the pond and there will have to be an adjustment of manholes before
acceptance by the city for maintenance. He recommended final approval subject
to the design engineer certifying in writing that his stormwater design is in
accordance with the principals of good engineering practice, is such that
the site differential runoff as presently defined in the subdivision regulations
is effectively 0, and that his design has been incorporated in the project
drainage construction and further that there be presented to the city a legal
document establishing an entity to be responsible for continuing maintenance
of the stormwater detention pond. He said Dr. Barnes wished to present
a performance bond guaranteeing the streets. Mr. Sanderson asked for
comments from the audience. Paul Maradik spoke saying he was a resident
east of the development and he is concerned about the drainage. He said that
he is getting a lot of water coming on to his property that is polluting his
pond. He said his cows want drink the water and all these problems started
since the subdivision was started. Ron Kopesky spoke for his wife, who
owns the property next to Maradik. He said that he has problems with this
development also, that the drainage pond now is 7-8 feet deep and that there
is more asphalt in this subdivision than what is in Baldwin Square and that
the cut through his wife's property use to be 2-3 ft. wide and now is 50
ft wide. That there is a problem that we need to address, that we need to
get his engineer with the engineer on this project and see what can be
worked out. Mr. Sanderson asked if anyone here for the developer - John
Peterson of Peterson & Associates spoke saying he had provided the design
calculations, and submitted the certifications, that he had reviewed the
design and we should consider that we are bringing 21 acres to this pond.
He was asked if he had functional problems and he replied yes, relating
some of the problems but they will maintain the pond and it has an outfall
structure and meets all the criteria required for 25 year storm criteria. He
said they have met all the requirements. Mr. Killoch asked him what is
happening to Mr. Maradik to cause his problem, the discharge from the project
James P. Nix asked if it is percolating why is he having to pump it at this
time. Mr. Peterson said that some material from the road bed washed in
the pond and the drainage ditch maintained by the county is stopped up,
blocked to the sand chimney. It was pointed out that the County has not
kept up the road crossing causing problems. He was asked what about the
road up from the pond. He said he did not see this as a problem. It was
pointed out that the county is proposing to cut a road and that the pond is
in the proposed right of way. Richard Sanderson asked if we knew a time
frame for when they propose to pave, no one knew. Cindy said they were
suppose to design for -0- increase, Mr. Peterson said they are doing that
that his water will run to the county's road culvert. Mike Ford asked Mr.
Kopesky if he had an engineer? He said he could have one tomorrow, that
he would like to have time to get resolved. Mike Ford said he needs to
get with the county engineer and get with Mr. Kopesky and try to work
out the problems. Mr. Sanderson pointed out that there is no coordination
between the city, county and state. It was pointed out that Dr. Barnes is
willing to work with these people to solve these problems. Ferrell Anders
spoke saying he was representing Dr. Barnes and that preliminary approval
was given on this two years ago and that the purpose was to review this,
now they are back seeking final approval, that if we do not grant it set a
short time table to follow, that everything has been submitted that is required
plans signed by a certified engineer to say it will work as it should, a bond
to be posted saying roads will be built as they should. Further discussion
led to a motion by Mike Ford to delay for a month until they have time to
check with the county and have their engineer work out the problems.
Planning & Zoning Commission
May 2, 1994 - page two
Maxwell Killoch seconded the motion and it carried with the following vote:
For motion - Nix, McBrearty, Richmond, Kant, Killoch, Pitman, Quinn,
Ford.
Against motion - Sanderson
Note: At end of meeting it was decided that if problems could be worked oul
no one was adverse to having a special meeting to expedite final approval.
Branchwood a 31 lot subdivision of Rutherford Smith located on Cty Rd 33
south of Cty Rd 48. Bob had commented that plat appeared to be in order
and that the engineer had certified plans and stormwater requirements of
Section 804 with his drainage calculations. He recommended preliminary plat
approval subject to County Engineers review and approval. Provided, howeve
that the submittal of required legal entity established for maintenance of off-
street drainage facilities and detention shall be a condition precedent
to the approval of this project. He further said no zoning is involved.
Tim Kant said it was not fair to hold up Dr. Barnes project and approve
another one. It was established that Peterson & Associates was also the
engineer on this project. Mr. Richmond asked where the water going on
this project. Mr. Peterson said two ponds and also natural drainage.
The density was questioned and it was pointed out that since it is outside
the city limits we have no control over the density and that these are
1/2 acre lots that will perk. A neighbor spoke saying it sounded like a
lot of density. In discussion, it was brought out that there needed to be
revisions shown on the plat that were not shown tonight. Cindy McBrearty
moved to approve subject to Bob's comments and revisions Bob had pointed
out tonight that proper easement needed to be shown on plat. James P. Nix
seconded based on the engineer's calculations that no more runoff than before
developed and Bob's comments. Motion passed unanimously.
Quail Creek - Unit 3 This was 35 additional building lots at Quail Creek.
Bob had commented that the plat and plans appear to be in order; the
engineer has submitted drainage calculations and his certification of having
met requirements of Section 804. He recommended preliminary & final approval
conditional to . a preconstruction conference with city's representatives
be convened before construction begins -and a copy of the, legal document
establishing entity for maintenance of off street stormwater facilities be filed
with the city. Bob was asked what city representatives and he replied
Phil Rutherford, the utility superintendents and Bob. It was asked how many
lots planned and Mr. Moore said 400 in all. Cecil Pitman moved to approve
subject to Bob's recommendations. Maxwell Killoch 2nd and motion carried
unanimously.
Rock Creek - Unit 3 An application of H/M partners for 102 lots as part
of Rock Creek Estates. Bob had commented that he had the performance
bond and maintenance bond and the plat appeared to be in order; however,
the construction plans left open to question at least: sewer lines and manholes
beneath pavement, water lines terminating under pavement, landscaped islands
in turnarounds as obstructions to parking and service vehicles. He recommen
preliminary and final approval conditional to such approval no construction
shall be undertaken until a preconstruction conference having taken place and
the city's •representatives approving construction plans in accordance with
the City's regulations and policies. Cecil Pitman moved for preliminary and
final approval subject to Bob's recommendations, Maxwell Killoch seconded
and motion carried unanimously.
River Mill - Unit 1 Bob had commented that there is no zoning involved this
is outside the corporate limits of Fairhope. This is an application of R.O.
Development Corp and they are seeking preliminary plat approval of 35 lots
on the south side of Cty Rd 48 at Blueberry Lane. There was no master
plan submitted except as an overlay of the contour map and they plan to
have 180 lots total averaging about 65 x 130. Bob recommended that this
be continued until the June meeting at which time the developer should
have submitted:
ed
Planning & Zoning Commission
May 2, 1994 - page three
1. A detailed master development plan for the total project
including approximate lot dimensions(5 copies)
2. Copy of document establishing legal entity to assume
maintenance of common areas and off-street drainage and storm -
water detention areas
3. Copy of erosion and sediment control plan
4. Letter from County Engineer acknowledging receipt of
plat and general development plan
5. Non -conflicting street names on development plan
6. All documents re -submitted showing corrected name of develop-
ment to resolve conflict. (name change was -presented at this meeting)
Mike Ford questioned the density, Ack said they were shooting for the
first time buyer and they couldn't afford bigger houses and lots. Tim Kant
asked if they planned to tie into the city sewer and he said yes. Cindy
pointed out that we had zoned R-3 in several different areas in town, that
we are providing for this market. Tim said he is concerned about not
putting public land/parks in these new developments. Craig Dyas was
asked if they plan to annex and he said no. Craig pointed out that this
is 57 acres and they plan to develop in the next 5 years. That this is
not undersized development, that they plan to put in all underground
utilities. Mike Ford asked about drainage and it was determined that
it will go into the golf course eventually. Cecil said he is worried about
the density. Craig asked what we are looking for from him? Buddy Rich-
mond said a complete set of plans, Cindy said park areas, open land.
Tim questioned whether the sewer is adequate to handle this. Cecil Pitman
moved to delay one month with Bob's comments being adhered to. Maxwell
Killoch seconded and motion carried unanimously.
Corte Office Park, Lot 12 Condos - 5 units - This was zoned for offices
but is a permitted use. Brett Duch was present representing Mr. Leichty
who was making the application. Bob advised that Mr. Duch had already
been before the adjustments board and gotten a special exception use on this
It was determined that this adjoins existing condos on one side and that
there will be 3 condo units in a row, single story residential. Mike Ford
moved to approve, Cecil Pitman seconded and motion carried unanimously.
In conjunction with this, a New Orleans syle courtyard is being proposed
a site plan was presented with 16 units on 52,000 square feet behind the
satellite courthouse. It was noted that this as well as the above application
was not a part of the Homestead PUD. There is an existing road running
by the courthouse that will be used for ingress/egress. The drainage was
talked about and it was determined that it would run to the existing pipes
on the Corte land. Tim Kant said he thought this drained to the East.
Brett Duch said that Mr. Leichty had specified as part of purchase that
this drain to the west or not buy. James P. Nix moved, subject to meeting
drainage requirements approval be given to site plan. Mike Ford seconded
and motion carried unanimously.
Booth/Bishop Road As a courtesy to the commission Bob had presented a
copy of the county's construction plans and made the recommendation that
the road be renamed one name. He had commented that the road will be
continuous from Dyer Road south to County Road 44. The proposed tree
removal was discussed and the commission wished to express their displeasure
with plans to cut all the oak trees that they have heard will be cut. Gale
Rowe offered that the FSTC has not talked to the lessees -and they have not
been contacted by the county. Further discussion led to a motion by Cindy
McBrearty to write to the County Commission recommending the name change
to one name and take steps to cut a minimum of trees working with the FSTC
and Dr. Barnes. Maxwell Killoch seconded and motion carried unanimously
There being no further business, meeting was duly adjourned.