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HomeMy WebLinkAbout01-05-1995 Planning Commission MinutesThe Planning & Zoning Commission met Thursday, January 5, 1995 at 5:00 PI at the City Administration Building, 161 N. Section Street. Present: Chairman Richard Sanderson, members Maxwell Killoch, Tim Kant, Cindy McBrearty, Debbie Quinn, Cecil Pitman, William Richmond Bob Lunsford, Zoning Officer and Betty Rivenbark, Secretary The minutes of the December 4, 1995 meeting were duly approved as written Don Brady of the South Alabama Regional Planning Commission was present and spoke to the Commission in regards to their Comprehensive Plan that South Alabama is working on. He said the project is 60-70% complete. That they have got the data collected for the land use and community facilities. That it will take 6 weeks to 2 months to compile everything and present the first draft. Dick Sanderson asked if he was in a position to say at this time if there are any changes in the zoning. Don said no. He hesitates to make comments until he does a thorough anaylsis of land use collection data. Mr. Brady was -thanked for taking time out- of his busy' -schedule to come and talk to us. A continuation of the public hearing that was held at the December meeting on the 7 property owners on Greeno Rd who wished to change from R-1 to B-4 was on the agenda. Dick Sanderson said that a study session was held since the last meeting that Tommy Harris and Bobby Mannich attended, that this was discussed further prior to this meeting. He thought that j! Tommy wished to put this off until the February meeting. Maxwell Killoch I:Iread a prepared statement at this time : With regard to the land on the east side of Greeno Road, extending north from Edwards Avenue to Gayfer Avenue, I recognize and sympathize that the land owners are faced with the problem of short front yardage as a result of the widening of Greeno Road and that this roadway is and will become even more heavily trav- I,I eled with attending traffic noise. Initially, I thought that the land might be subject to zoning as a Planned Unit Development. It became clear on study that this could not, in principle, be applied. To change the zoning from residential to Business-4 zoning, introduces two problems that the Planning Commission would have to overlook; both problems introducing factors inconsistent with good planning. The change in zoning would have an immediate domino effect, the demand would arise and has already been verbalized, that similarly located land on the west side of Greeno Road should also be subject to rezoning. To do so would create a potential of B-4 land that would saturate its market, leaving the land fallow for use for years to come or much more likely, lead to demands for further down zoning. Pressure based upon equality of treat- ment would escalate until the entire north entrance along U.S. 98 would be under appeal for B-2 zoning. If granted, the result would be what we decry about the entrances to many municipalities dominated by auto sales yards, fast food places, junior and massive malls and various kinds of enterprises that would detract from the present order and attractiveness of our current planning of Greeno Road. But much more important, a change of zoning would violate our Fairhope Master Plan. Adherence to that plan has saved Fair - hope from an application to change a large northern section of the road to business use. Although the City waste sued for refusing to modify the zoning, the case went all the way to the Supreme Court of Alabama. The Court judgements ruled in favor of the City. Why? Because the Planning Commission and the Council ad- hered to the Fairhope Master Plan. This plan has served the City and Planning Commissions well in the past and should be supported by this Planning Commission. There are options open to the appealing applicants. There is a strong demand for residential housing in the Fairhope area. The houses with inadequate front yards could, where possible, be moved back on the sites. With a depth of 210 feet plus the 40 foot state buffer to the roadway itself, new houses could be set back so far as to largely eliminate traffic noise by appropriate fencing and shrubbery. If the entire tract was treated uniformly with a rear service road and entrances on Gayfer and Edwards Avenue, it could be formed into a fine residential complex. Such complexes abound along roads generating as much or more traffic than Greeno Road. Examples can be found along Airport Road in Mobile. In consideration of the above factors, while I sympathize with the applicants, I feel obliged to move to propose that the application to rezone the east side of Greeno Road from Edwards to Gayfer Avenue be denied and thus keep faith with the Fairhope Master Plan. r 1 Page 2 - Planning & Zoning Commission January 5, 1995 Mr. Sanderson remarked that Mr. Killoch had put a motion on the floor to deny the application at this time was there a 2nd. Debbie Quinn 2nd. Cindy McBrearty remarked that while Mr. Killoch has made a valid point to adhere to the masterplan that if they are asking for a continuance that we should give it to them because if we deny it,, it will be a year before they can come back. She said that this does not mean that we will ultimately grant their request either, that he has asked for a chance to talk to Don Brady in hopes of change in that area. Cecil Pitman said he supports what Cindy said. Dick Sanderson said he sees it that we are leaving people hanging. Buddy Richmond said he would like to see Mr. Killoch withdraw his motion at this time. Bob commented that we could continue month to month, this would not automatically change in 30 days if we do not act on it. Mr. Killoch said he had no problem with a continuation just tryingAo`keep faith with the master plan, he is willing to wait until we hear from Don Brady and his recommendation. Debbie. -Quinn, said she was -willing to1withdraw her 2nd. Cindy McBrearty moved to continue until next month to let Mr. Harris talk with his clients and Don Brady. Maxwell Killoch seconded motion and all members voted to approve this motion with Dick Sanderson abstaining. Motion passed. Quail Creek - Unit 3, This was an application DO-LEEN corp. for final approval on 35 lots zoned R-2 Single Family Residential. Bob had commented that this received preliminary approval at the May 1994 meeting He further said that the plat appreared to be in order and Phil Rutherforc had said he had no problems with this site so final approval was recommen Tim Kant moved to give final approval. Buddy Richmond seconded and motion carried unanimously. River Mills- Unit 1 This was an application of R.O Development Corp. for Final Plat Approval, 35 lots outside the city but served by city sewera Bob read his comment and pointed out that plat should be revised to --show dedication of public lot for sewage lift station as stipulated when preliminai approval given. County Engineer's signature is required on plat. Cindy McBrearty moved to give final approval subject to Bob's recommendations. Debbie Quinn seconded and motion carried unanimously. Point Clear Woods Application of Jack Ponder for final plat approval of 27 lots off of Confederate Rest Drive. Bob in making his comments had said there were 3 conditions in preliminary approval that were not met that had since been met(listed in comments in file) that this is outside the city limits, the improvements are in order and he needs County Engineer's signature, but he recommends final approval. He was asked how they would handle the maintenance of the common areas and replied thru restrictive covenants. Debbie Quinn moved to give final approval as per Bob's recommendations. Buddy Richmond seconded and motion passed unanimously. Nfinal plan review was held on Gayfer Court Division/FSTC an application of K & B Construction, Inc. for final plat approval on 4 lots abutting Gayfer Ave. Ext. Bob had recommended approval subject to the screening on the rear lots from R-6 use abutting to the south be accomplished as stipulated in previous minutes. Jeff Kennedy was present and said this could be accomplished. He was asked if fence was only screening planned and he said that a green buffer could be planted. Debbie asked him if he planned to finish fencing. He said yes. Tim Kant asked once approved what will guarantee screening will be done. Bob said only way is to not sign the plat. Jeff Asked if approval could not be given subject to plantings being done. Cecil Pitman moved to recommend approval subject to buffer zone being planted with fast-growing plants that will reach as high as fence area with, -stipulation plat not be signed until this done. Maxwell Killoch seconded and motion carried unanimously. Page 3 - Planning & Zoning Commission January 5, 1995 Green Branch Estates - Proposal of Doyle Phillips for Informal Plan -Review 14 lots off Danne Rd abuttting Fish River Country Estates outside of the City Limits. A gentlemen spoke saying he was the engineer on this project and wis hed to get a variance on this that they would not have to -have paved roads in this subdivision as this is wetlands. He was quickly told that the city could not waive this requirement and George Roberds, - who was present on another matter and head of the county planning commission, also told him that the county would require paving and curb and gutter. Also, that Planning & Zoning Commission could not give variances. He was told that we could not recommend what he is proposing. A site plan review was held on a proposal of Pelican Properties for a 182 unit motel at the southwest corner of Greeno Road and Mi a treet. George Roberds, was present to speak on this and said they did goy before the adjustment board and got a permit --as a use permitted in this district. That what he has presented is the masterplan. That this will probably be done in phases - maybe 3. That they plan for 62 units in first phase. Mr. Killoch questioned if we wished to continue to have light industrial in this area or confine it to the airport area only. Cindy McBrearty pointed out problems that we have with so many uses being allowed in the ordinance, questioned changing the ordinance to eliminate -other uses. Discussion led to William Richmond moving to approve the site plan as presented, Maxwell Killoch seconded and motion carried unanimously. Dick Sanderson mentioned memo that Bob Lunsford had submitted after the last study session a memo of consensus of study session. Dick said it was the mayor's opinion not to eliminate R-5 zoning just control approval of requests. He is looking for approval to give Bob authorization to forma ly prepare proposed changes to the subdivision regulations and zoning ordinallco Cecil Pitman said he has not been able to absorb these comments only got them tonight, like to read them and delay action until next meeting. All agreed this would be better. Trey Corte came forth and said that in Rock Creek lot 165 was incorrectly recorded on plat. He explained how it shown on Club House Drive and they wished to change document and modify to show it as corner lot on Old Mill Road. This would be easiest way to correct it. The commissio saw no problem with what proposed and Bob said this body was only one who could act for city to make correction. Cecil Pitman moved to give Cindy McBrearty, the secretary, authorization to sign an amended plat so they could file a replat. Tim Kant seconded and motion carried unanimously. There being no further business, meeting was duly adjourned.