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HomeMy WebLinkAbout01-04-1996 Planning Commission MinutesI I The Planning & Zoning Commission of the City of Fairhope met Thursday, January 4, 1996 at 5:00 PM. Present: Chairman Richard Sanderson; members Cindy McBrearty, James P. Nix, Debbie Quinn, Jeanette Puckett, Larry Green, William Richmond, Cecil Pitman. Bob Lunsford, Zoning Enforcement Officer and Betty Rivenbark, Secretary. Mr. Sanderson recognized Jeanette Puckett and Larry Green and said Mr. Green was replacing Maxwell Killoch who had resigned due to health reasons. He mentioned further that Mr. Killoch had served as our Vice -Chairman. At this time Cindy McBrearty offered her resignation as Secretary and Cecil Pitman moved to nominate Cindy McBrearty to serve as Vice -Chairman and Debbie Quinn to serve as Secretary, William Richmond seconded the nomination and there were no other nominations. Motion carried unanimously. The minutes were approved as written on motion by Larry Green, seconded by Debbie Quinn and unanimously carried. A public hearing was held on amendments to the zoning ordinance on sections as listed below: Section 4.415, Section 4.420, Section 5.11, Section 5.12, Section 5.13, Section 5.14, Section 5.141, Section 70.3, Section 70.33, Section 8.14, Section 8.34, Section 8.35, Section 8.62, Section 8.63, Section 8.66, Bob commented that all parking areas in the Central Business District had been eliminated from this proposed change, that this is primarily housekeeping changes. Larry Green moved to recommend these changes to the City Council for approval, Cindy McBrearty seconded and motion carried unanimously. A public hearing was held on a request by Charlie Earle for a zoning change from B-4 Business Professional to R3PGH for land lying off of Spring Run east of redesigned Lot 2. Bob had commented that all the area lying east of redesigned Lot 2 of Scarborough Fair is to be used as single family and while the use is permitted in the B-4 District to do so would raise the possibility of conversions to business within the district. That this would not be desirable neither to the city nor the developer and the change in zoning is sought for the protection of the neighborhood and he recommended it. After all questions answered regarding this, Cindy McBrearty moved to recommend approval to city council of this zone change as requested, William Richmond seconded and motion carried unanimously. Scarborough Fair Bob commented that this is an application of Charlie Earle for re -consideration of preliminary plat approval for 23 lots that came up 6/5/95. Planning & Zoning Commission Page two - January 4, 1996 Mr. Earle now wishes to delete lots 3 & 4 and lots 6 though 23, redesignate lot 5 as lot 3 and redesign lots 2 and 3 to frontages of 100 feet each. Further, it is requested that final plat approval be given the redesigned lots Cecil Miller representing the VFW spoke saying he is opposed to what proposed. That they have water standing on their property that has appeared since development started. Dick Sanderson offered that this already zoned for a use and the engineer has to present drainage plans showing there will be no more runoff than what there when they begin. Mr. Miller looked at a map of this property and said this was not the property he was objecting to and stood corrected. Mrs. McClintoc spoke objecting to the many times Mr. Earle has come forward requesting things saying that he should make a one time plan, present it, and stick to it. She also expressed view that maps should be on display prior to meeting for public review. Mr. Lunsford told of cutoff date and having maps in his office for review 17 days prior to meeting date. Bob explained further the re- dividing of Scarborough Fair and that Mr. Earle now requests lots 1, 2, 3, be given Final Plat Approval and that the street and utilities are complete and he recommended approval. Larry Green moved to give approval, Cecil Pitman seconded and motion carried unanimously. Belle Chase Preliminary approval was being sought by Charlie Earle on 70 lots for patio garden homes(part of this project is the lots deleted from Scarborough Fair) Bob commented that the engineers have re -designed the drainage and certified that the stormwater will run to pond 1 in the northwest sector meter the water out to pond 2 in the southwest sector and then to meter the outflow west and south through the downstream outfall as it now exists. Further that lot 70 is designated for temporary use as an alternate access to River Oaks subdivision pending the paving of Boothe Road. He recommended approval subject to: them furnishing the city a document establishing a legal entity to assume responsibility for maintenance of stormwater facilities outside the public rights of way, and, 2. an on -site pre -construction plan review involving the owner, the engineer and city officials before any work is begun on the site. Mr. Miller of the VFW was objecting to development of this property. Sam Robberson an adjacent property owner, asked the engineer from Rester & Coleman to explain the waterflow to him, he was worried about flooding on his property from this project. All questions answered, Cecil Pitman moved to approve as per Bob's recommendations, William Richmond seconded and motion carried unanimously. > Quail Creek - Unit 3A This is an application of Quail Creek Joint Venture for preliminary approval of 35 lots on Lake Ridge Drive. Bob commented that the engineer had provided drainage calculations and certification and the plat appeared in good order. He recommended preliminary approval subject to Planning & Zoning Commission Page three -January 4, 1996 furnishing to the City a document establishing a legal entity to assume responsibility for maintenance of stormwater facilities outside the public rights of way and an on -site pre -construction meeting with the city personnel before any construction is begun. Cecil Pitman moved to give preliminary approval subject to Bob's recommendations, William Richmond 2nd and motion carried unanimously. South Bayou Circle This was an application for final plat approval of JMR, Inc, 13 lots abutting existing Bayou Circle, an unimproved county road. This had first been heard June 5, 1995 and at time denial for failure to meet the subdivision regulations for paving was recommended and a question of zoning also arose. Bob said that the county had apparently adjusted the zoning but there is no note on the plat showing the zoning district nor any indication that the developer is submitting any paving plan or performance bond for the road. Bob recommended denial for same reasons as in June 1995. Craig Dyas spoke to this saying that this is a county maintained dirt road and there are 19 property owners on the north side of the road and his 13 lots on the south side. He does not think it should be a requirement for him to have to pay to have the road paved and the other 19 people will benefit from it. Bob said it is true that the city will not likely be maintaining the road and that they could do an assessment program but, the commission can grant a hardship. Mayor Nix pointed out that the county has a program where if you pay for the materials they will pave the road. Craig said he was not aware of that. Further discussion led to Cecil Pitman saying it does look like a hardship on Mr. Dyas and he moved to recommend acceptance and final plat approval, William Richmond seconded and motion carried unanimously. Key West Inn They could not be present tonight so this will not be heard. Willow Pond- Site Plan Review Bob commented that no drainage plans had been submitted at this time. A Sam Donzi was present and said that his engineer could not be present tonight. It was commented that they would have to come up with good drainage plans as there is water standing on the property now. Mr. Sanderson suggested that he get together with his engineer and come back at the next meeting. Under old business Bob mentioned that the plat submitted for Rock Creek Estates Unit IV showed an access connection through Montrose Woods Drive and this plat had been approved at the October 1995 meeting and was also shown on the construction plans. Since then, Mr. Head, at the request of the Montrose Woods owners elected not to make the connection between Beaver Dam Road and Montrose Woods Drive at this time and recorded the plat without Planning & Zoning Commission Page four - January 4, 1996 the connection but with a reserve strip which denies access. He said further that the problem arises in that Section 405.1 of the subdivision regulations prohibits reserve strips for controlling access to either streets or alleys unless such reserve strips are in control of the City. Further, that he discussed this with Mr. Head and he has no problem with conveying the reserve strip to the City so that either Rock Creek Estates or the city can provide a connection between the subject streets upon a finding that either traffic volume or the need for alternate ingress/egress requires such. He recommended to solve the problem, approving the plat as recorded with the conveyance of title to the reserve strip to the city and as a condition precedent to such approval that either the city or Rock Creek may provide a connection across such reserve strip. Debbie Quinn moved to approve Bob's recommendation Cindy McBrearty seconded and motion carried unanimously. At this time a continuation of Mr. Breland's request for annexation concurrent with zoning was held. This was carried over from the last meeting in order for the commission to further study the density being planned in this area. Mr. Breland was requesting Patio Garden Homes and Town Homes in the area which is located off of Greeno Road just past Old Tyme Feed. He was asked what he was proposing to reduce the density. Seth Moore and Mr. Breland spoke showing a plat and said they would reverse what shown before and have the townhouses on the south side of the lake and the R-3 patio garden homes on the north side. Seth said that this will cut the old plan by 1/3. Cindy asked if they would consider all patio garden homes? Mr. Breland did not agree with this idea. Cecil Pitman asked about the diversity in architecture and Mr. Breland responded that it would be 1 /3 brick and 1 /3 cedar, real nice with all units having garages, curb and gutter. Mrs. McClintoc questioned the road going into the development and she was told that it would be 100 ft. wide and be a divided boulevard that it would meet all the city's requirements. Further discussion led to a motion by Jeanette Puckett that the commission recommend to the city council that the Breland property shown on plans as lying north of the existing lake have zoning established as R3pgh and the property lying on the south side of lake have zoning established as R3th, all concurrent with annexation. Larry Green seconded the motion and it carried unanimously. There being no further business, meeting was duly adjourned.