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HomeMy WebLinkAbout06-03-1996 Planning Commission MinutesThe Planning & Zoning Commission met Monday, June 3, 1996 at 5:00 PM at the City Administration Building, 161 N. Section Street. Present: Vice -Chairman Cindy McBrearty; members Debbie Quinn, Tim Kant, James P. Nix, William Richmond The minutes of the May 6, 1996 meeting were duly approved as written on motion by James P. Nix, seconded by Debbie Quinn and unanimously carried. Summer Oaks - Unit 1 Application of Double C Investments for Preliminary Plat Approval, 14 lots on the south side of County Road 44, 1/2 mile west of County Road 27, outside the City. Future Unit 2 would contain 12 lots. Mr. Lunsford was asked to read his comments and he said this was carried over from the May meeting to resolve the issue of a right of way question and we had a letter from the FSTC saying there was no right of way. Therefore, he had recommended preliminary approval subject to the following: 1. a pre -construction conference with developer, engineer and city and county representatives before work on site is begun. 2. waiver by commission of sidewalk plan requirement. 3. county engineers comments forwarded to developer's engineer. Tim asked if they would continue paving when do second phase and Bob answered yes. William Richmond moved for preliminary plat approval subject to Bob's recommendations, Debbie Quinn seconded and motion carried unanimously. Glen Hardie Farms Final plat approval of Greater Gulf State Industries 16 lots south side of Volanta Avenue west of Greeno Road, south of the Municipal Park. Mr. Lunsford was asked to read his comments, he said that the streets, drainage and utilities are being installed under the city's contract in the 1995-96 assessments program. He noted that no building permits can be issued until after the streets and utilities are installed and the project is accepted by the City Council for maintenance. Also, that conditions of preliminary approval must be met before acceptance for maintenance. Gerald Duncan from 701 Greenwood Avenue spoke questioning the work being done. He said they have clear cut the land after saying they would leave a buffer and that there are earthwork problems. He said there are things that could be fixed. That the retention pond rises 6-10 ft higher than his 6 foot privacy fence. He presented some pictures of the area to the commission members and told what each was. He said this impacted the value of his property, but there are things that could be corrected and needs extensive screening work. He said he contacted his insurance company about possibility of flooding but his homeowners insurance does not cover flooding. That he had talked to Ack Moore and he said he believed pond to be adequate. He said he talked to Mr. Mitchell and he said once the property sold it would be the responsibility of the purchasers to maintain all common area. That he had moved here 6 years ago and it was beautifiul, that the beauty and privacy needs to be restored. That there needs to be someone responsible for the maintenance of the drainage/common area, trees planted, and liability Planning & Zoning Commission Page 2 - June 3, 1996 coverage if there is any flooding as a result of the drainage pond. Further discussion led to a motion being made by Mayor Nix to hold this over for 30 days to research further get with the developer and engineer so we can assure these homeowners about the retention pond and maintenance and screening. Debbie Quinn seconded the motion. Mr. T.H. Blaylock spoke at this time saying he was hard of hearing and did not hear everything that was said but his concerns were the same as Mr. Duncan, he asked if the developer is going to provide screening on this area, further that this is definitely going to devalue his property and has any thought been given to compensating the residents. Cindy said a motion has been made to postpone for 30 days in order to get with the developer. The motion was voted on and unanimously carried. Apublic hearing was held on zoning concurrent with annexation as B-1 Local Shoping District on a parcel of land containing some 3.5 acres land located off of Cty Rd 44 by the Fairhope High School. Application by Dan Benton. Bob had commented that the use is proposed to be for a limited health care facility similar to the Birches. Although this has generally been used for agricultural with limited number of commercial uses. Fairhope High School is nearby and there is no county zoning in effect in this area. He said further that the pattern of growth is to the east along Fairhope Avenue and to the south along U.S. 98 so it is reasonable to anticipate a pattern of commercial growth around the intersection of Cty Rd 44 and US 98. He recommended approval of request to City Council with B-1 zoning as requested. The developer, John Lasko, spoke saying they planned 60 bed unit, an assisted living facility with the north side adjoining Pirate Drive, and it would be complimentary to high school with a proposed environment like home. He said there would be RN's and LPN's available, home health care on site but they would not be required to have a certificate of need. He said he spent hours visiting the neighbors and is aware of the active schedule of the high school. Tim reiterated the high school traffic and late at night activities. Mr. Lasko showed a drawing with the facility facing Cty Rd 44. Said it would be set back 50-60-ft. and 80 ft from property line. Bob said that we have building permit restrictions that he has not even discussed with them at this time as it has not progressed to that point that may alter some of what he is saying. Cindy questioned why they would even have exit/entrance on Pirate Drive, not be a good idea. Mr. Lasko said they would have parking in front, east side for employees and screening, buffer in rear. A Georgia Bouler spoke saying she would prefer neighborhood there but if use they have asked for falls through, what then. Mr. Lasko said if this falls through they would not be putting anything else on this property. A Flora Long spoke saying she was speaking for several others who are also concerned but putting trust in what they have told them they would do, that it is now residential area and does want it to stay that way. Cindy pointed out that they really can do what they want to do without even coming into Planning & Zoning Commission Page 3 - June 3, 1996 the city. Tommy Harris spoke saying that they own part of the property and that they plan to do what told tonight. Further discussion led to a motion by Debbie Quinn to recommend B-1 zoning to Fairhope City Council concurrent with annexation, Tim Kant seconded and motion carried unanimously. Tipper Williams came before the commission to ask that they consider changing rules about allowing temporary sales offices in single family subdivisions stating that this is being requested for realtor safety. She cited several incidents where realtors have been attacked or in danger. She said further that one almost has heat exhaustion waiting on customers during the summer. Bob had recommended that we not change minds about this and Cindy said that she is generally not supportive of temporary buildings personally but she would recommend discussion at a study session. Tipper said we could put restrictions on them, short term, etc. She thanked the commission for their consideration. There being no further business, meeting was duly adjourned.