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HomeMy WebLinkAbout10-03-1994 Planning Commission Agendaf^ -V TO: FAIRHOPE PLANNING COMMISSION FROM: Meeting of: 03 OCT 1994 Planning/Zoning Officer HIGH RIDGE ESTATES - Resubdivision of Lots 6, 7 and 9 to four lots - Application of W. F. and Deborah A. Leavitt for Preliminary and Final Plat Approval. Health Department approval is not final until the installation and inspection of drain fields. The paved street exists and is maintained by the County. The land lies outside the City and the Plat therefore must be signed by the County Engineer before same can be recorded. There are no streets to be constructed and the land area is less than three acres, so stormwater regulations do not apply. Preliminary and Final Approval is recommended. EASTERN SHORE ACRES EAST - Application of Helen Childress and Vivian Sibley for Preliminary and Final Plat Approval for three lots as a Resubdivision of Lots 477 and 478, Plat of Re -Survey of Eastern Shore Acres. Land lies on the south side of U.S. Highway 98 east of County Road 1. The necessity of this division arises from a circuit court case involving a dwelling constructed across the lot line between Lot 477 and 478. The court conditioned its decree on subdivision approval by the City of Fairhope Planning Commission and the endorsement of the Health Department. The County Engineer must sign the Plat before it can be recorded. Preliminary and Final Approval is recommended. POINT CLEAR COURT - Application of Jamie Crawford Trice for Preliminary Plat Approval, 16 Lots on the north side of Battles Road between Twin Beech Road and Scenic 98. Land lies outside the corporate limits but subdivision will involve connection to city water and sewer. The county will be responsible for maintenance of streets and storm water drainage facilities. Battles Road is an existing, county maintained road. Fifty foot proposed right-of-way is adequate to meet the city's requirements but may not be acceptable to the County Engineer. Note with regard to access to County Road 34 appears to relate to non-existent lots (17/18). ZOCOMM94.fpc 17,18,24 SEP 94 If City is to maintain sanitary sewerage, all facilities must meet City requirements and lift station lot must be dedicated to City in fee simple. All sewer service laterals shall be installed directly to tees in the line and not to manholes, in order to reduce infiltration. Sanitary sewer manholes shall not be located within paved areas. The engineer has properly certified stormwater management design as required by the regulations. Plat and Plans appear to be substantially in order. Recommend Preliminary Plat Approval subject to the following, which shall be conditions precedent to the Commission's approval: 1. All changes noted hereinabove; 2. A pre -construction conference to be held before any site work is begun, to include the developer, his engineer, the contractor, the county engineer, the planning/zoning officer, and the city's water/sewer superintendent. The county engineer may require that storm water detention facilities be completed and functional before remainder of site is disturbed. County requirements which are more restrictive than city requirements shall govern. The developer's engineer shall furnish to the water/ sewer superintendent at the conference a detailed plan of the proposed sewage lift station and force main. Any matters relating to design or re -design which can not be resolved among parties to the conference shall be brought to the Commission at the next regular for resolution by that body. 3. Signature of County Engineer on Plat before recording. ZOCOMM94.fpc 17,18,24 SEP 94 NON -AGENDA ITEMS OF PENDING INTEREST: Mayor Nix has discussed with me the potential problems which could face the City because of failure of control features of impoundment ponds or other designs certified by a registered engineer. The City probably has exposure to liability for damages to others as well as the potential expense for repair or correction of facilities failing because of improper design. The most practicable safeguard against those problems may be to require all developers whose plans require an engineers certification to present to the City, as a condition precedent to approval, certificates of insurance for the engineer/s whose certification is accepted. Mayor Nix has consulted league counsel who is of the opinion that the City may require evidence of insurance as a condition of approval. The insurance coverage required would be an Occurrence Policy with a $1,000,000.00 per occurrence and a $2,000,000.00 aggregate limit with a deductible not greater than $2500.00 per occurrence. The insuring carrier would have to be Best's rated "A VIV , or better. I would recommend advertising a public hearing at the November meeting for a revision to the Subdivision Regulations to require evidence of insurance. Also, the City is receiving inquires from land owners concerning resubdivision of properties now zoned as R-A, Residential -Agricultural. I expect that we will see more and more such proposals in the future. When a redivision results in one or more parcels of less than the minimum R-A frontage and areas, some of the R-A permitted uses become inappropriate. Inasmuch as, for all practical purposes, the R-A District is single family residential in character I would suggest that the Commission consider revising the Zoning Ordinance to provide for the more restrictive Single Family Districts being applied to R-A land redivided where resulting frontages and areas will no longer meet R-A minimums. Absent a policy of holding the line on redivision of R-A lands to minimums specified for that district, further subdivision will have the effect of increased density. The operative question for the Commission is one of subdivision approval, more so than the zoning question. Simply put, we may take the position that land may not be subdivided to lots that do not meet the zoning criteria ZOCOMM94.fpc 17,18,24 SEP 94 for the particular district. Such is a legitimate objective of the planning function. Having taken that position, it is reasonable to expect an application to be filed seeking a change in zoning which would allow the smaller lots. Assuming the success of the zoning change, we can then anticipate submittal of the subdivision plat for approval. Assuming the adoption of the contemplated zoning revision, the Council would effectively be vesting control of density in the Planning Commission through the subdivision approval process. Such a change should be carefully considered, with due study of all of the existing R-A districts to assure equitable treatment of all future applicants for resubdivision. There should be in place a plan showing which R-A districts are consolidated and which are intermingled with other uses. There may be no justification for permitting small lot redivisions within a large, relatively intact R-A District, but there may be considerable justification for increasing small lot use in a block already partly zoned for such. If the Commission wishes to pursue this option, I will prepare the maps showing the current districts for your use and perusal. ZOCOMM94.fpc 17,18,24 8EP 94 The Planning & Zoning Commission of the City of Fairhope met Monday, October 3, 1994, at 5:00 PM at the City Administration Building, 161 N. Section Street Present: Richard Sanderson, Chairman; members Cecil Pitman, John Duck, Cindy McBrearty, Debbie Quinn, Tim Kant, William Richmond, Maxwell Killoch The minutes of the September 5, 1994 meeting were duly approved on motion by Maxwell Killoch, seconded by Cindy McBrearty and unanimously carried. High Ridge Estates A re -subdivision of 3 lots into 4 on High Ridge Road was being sought by Bill Leavitt. Bob had commented that this land lies outside the city limits and would require the county engineer to sign the plat before it can be recorded, further, it requires health department approval, no new streets are being created and he recommended preliminary and final approval. Mr. Sanderson asked if there was anyone present who wished to speak on this. Penny Odom asked what could be done if the neighbors were against this re -subdivision. She was told that as long as they meet our requirements and unless we could give just cause it would be approved in 30 days automatically even if not acted on. That if there were restrictive covenants that were -not -being enforced they might have some help but they would have to go see an attorney and seek due process through the circuit court. Dr. Mullins spoke and asked if this body could not deny request. Bob said if they meet all our requirements unless we can show just cause it is a moot point. Dr. Mullins asked all against to stand up, there about 12-15 people. Mr. Sanderson said again that even if we don't act on it in 30 days it will automatically become a subdivision. Mr. Leavit(who was late in arriving) said the lots meet R-1 requirements and in searching the restrictive covenants they found that they applied only to the houses. Dr. Mullins asked Mr. Leavitt if he was aware so many people against it, he replied no, that he had only talked to Mrs. Johnson and that they were just trying to line up the property lines. Mr. Sanderson called for a motion, there was none forthcoming, therefore Mr. Sanderson said it died for lack of a 2nd. Bob asked that we receive a certificate of zoning from the county and this be a stipulation of any action. Eastern Shore Acres East Application of Helen Childress and Vivian Sibley for Preliminary and Final Plat Approval for a re -subdivision of 2 lots into 3. Bob had commented this is outside the corporate limits and this came from a circuit court case involving a house situated on the lot line. Claude Arnold spoke saying this is solution that evolved creating 3 lots, not all have required frontage but all have required area, that this is as good a solution that they can come up with, it will require our approval and health department approval. Bob recommended preliminary & final approval. Cecil Pitman moved on Bob's recommendation and that of the engineer we grant approval, Tim Kant seconded and motion carried unanimously. Point Clear Court Preliminary Plat Approval for 16 lots n side of Battles Rd between Twin Beech Rd and Scenic 98. Land lying outside the corporate limit! A gentleman present questioned why this did not have to go before the corps of engineers as wetlands and Mr. Rester said it was not classified as wetlands. He was asked how they would retain water and he said on the property, they will have a rip -rap detention facility. Bob had commented the county will be responsible for maintenance of streets and storm water drainage facilities. Furt if city to maintain sanitary sewer all facilities must meet city requirements and lift station lot must be dedicated to city in fee simple. All sewer laterals shall be installed directly to tees in the line and not to manholes, sanitary sewer manholes shall not be located within paved areas. The engineer has properly certified stormwater management design as required, plat and plans appear to be in order. Preliminary plat approval was recommended subject to pre -construction conference, county requirements shall govern, developer's engineer furnishing to the water/sewer superintendent a detailed plan of pro- posed sewage lift station and force main, signature of county engineer on plat and possible completion of stormwater detention facilities and functional before remainder of site is disturbed. Subject to Bob's recommendations, John Duck moved to approve, William Richmond 2nd and motion carried unanimously. Two items regarding potential problems of failure of control features of impound ment ponds and Residential Agricultural zoning were presented for further study Planning & Zoning Commission meeting October 3, 1994 - page two An election of officers was held and results were by unanimous vote: Richard Sanderson to serve -as Chairman, Maxwell Killoch to serve as Vice - Chairman and Cindy McBrearty to serve as Secretary for the upcoming year. There being no further business, meeting was duly adjourned.