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HomeMy WebLinkAbout11-03-1997 Planning Commission MinutesThe Planning and Zoning Commission1 of the City of Fairhope met Monday, November 3, 1997 at 5:00 PM at the City Administration Building, 161 N. Section Street. Present: Chairman Larry Green; members Dick Charles, James P. Nix, Cecil Pitman, Cindy McBrearty, Debbie Quinn, Tim Kant, Thad Ingram, William Richmond. Bob Lunsford, Zoning Enforcement Officer, Betty Rivenbark, Secretary The minutes of the October 6, 1997 meeting were considered and approved as written on motion by Dick Charles, seconded by Debbie Quinn and unanimously carried. A Public Hearing was held on proposed changes to the Subdivision Regulations. Mr. Green asked Bob to summarize what being proposed and he briefly told of changes in sections as follows: 272.16; 403.1; 507.1.2; 704.3; 704.7; 707.4; 707.5; 708. Mr. Green called for comments from the audience regarding these, there were none. Bob commented that these were reported from the committee to the full commission on October 7 meeting for study(they have also been available at city hall for review). He recommended approval and said they would be published then certified to the Probate Judge. Dick Charles moved to accept the changes as reviewed. Cindy McBrearty seconded and motion carried unanimously. A Public Hearing was held on proposed changes to the Zoning Ordinance. Mr. Green said at this time he would entertain a motion to remove the recommendations for Sections 5.21 thru 5.29a regarding Patio Garden Homes due to procedural conflicts. Cindy McBrearty moved to eliminate these changes from current proposal so they could be studied further. Dick Charles seconded motion and it was unanimously carried. Again, Bob explained to all present the proposed changes to sections as follows: Sec.2.2.004; Sec 2.2.032; Sec. 2.2.034; Sec. 2.2.035; Sec 2.2.037; Sec. 2.2.040 Sec. 2.2.061; Sec. 2.2.122; Sec. 2.2.123; Sec. 2.2.124; Sec. 2.2.242; Sec. 2.2.458; Sec. 2.2.517; Sec.2.2.555; Sec. 2.2.720c, d, e; Sec.3.61; Sec. 3.62; Sec.3.63; Sec. 4.15; Sec. 4.21 e; Sec. 4.411; Sec. 4.412; Sec. 4.413; Sec.4.421; Sec. 4.4221; Sec. 4.4224; Sec. 4.53; Sec. 4.6; Sec. 5.042E; Sec. 5.141 c; Sec. 5.34.1.1-5.34.3.3; Sec. 5.34.2.2a; Sec. 5.441; Sec. 5.442; Sec. 5.443; Sec 6.871; Sec 6.872; Sec. 7.21-Sec. 70.111; Sec. 70.112; Sec. 70.144; Sec. 70.148; Sec. 8.51; Sec. 8.52; Sec. 8.53; Sec. 8.55; Sec.8.61. He recommended that the revisions be forwarded to the City Council with a recommendation for adoption. Mr. Green called for comments from the audience. Bob Griffin was the first to speak regarding the new proposed Central Business District area. He said he owns the property at 231 Fairhope Avenue and his family has had it for 50 years, that it is the second busiest intersection in town and he can't understand why they would cut it out of the CBD. He said there are only 3 parcels left that can be developed on the west side of Church St. That he has no plans right now but might want to expand his building in the future and anyone with a small lot would be at a disadvantage. He does not think he needs to be penalized, it doesn't make sense one side of street in, one out and we should make a provision that what in now, stay in. We should make provision for anyone with small lot. Larry Green said they are aware of problem but there is relief through the Board of Adjustments & Appeals. Page 2 Planning Commission November 3, 1997 Mr. Griffin said that he believed that the Board was not the answer, they would be hard to deal with because if Planning Commission turned things down why would they do different than Planning Commission? Edward Lawrence of 704 Olive Street spoke regarding the CBD saying he had done a survey(in file) in downtown Fairhope between noon and 1:30 pm on November 3, 1997 and within 2 blocks of the corner of Fairhope Ave & Section Street there were 404 on -street parking spaces and at that time 150 spaces were vacant for a vacancy rate of 37%. That the 3 public parking lots have a total of 272 parking spaces of which 66 were vacant for a vacancy rate of 24%. He gave totals as: number of spaces 676; spaces vacant 216; for a vacancy rate of 32%. He said he was in opposition of proposed change that to require more off street parking would destroy the charm. He suggested better directional signs and designate short term parking. Curtis Gordon spoke against change saying we should look at what we have now and change some wasted parking to diagonal parking. Larry Green said some might be under a misconception about what CBD is, that the only privilege is that anyone in the CBD does not have to provide off street parking. That as the business core grows we have to address the question of them providing off street parking, not put in new parking lots. He said after the first of the year there will be a committee formed to study the downtown parking problem. Mary Ann Lapeze spoke asking why in the proposed zoning changes did they not address zoning on her street. She said it is a hodge podge of zoning, 4 different zones on 1 street. Debbie Quinn said she does not see it as real problem. Mary Ann said that the Commission is charged by state law to conform. Clay Havard spoke saying he had been all over mentioned Charleston and other small towns and said that they just had to live with what they had. Hop Allen said we should explain why picked this area and Larry Green said the new area is the way to have developers provide off street parking in future developments. That this has been studied for 6 months, not done lightly. That the new committee will be working with the merchants, FSTC, and the Chamber. That there are solutions. James P. Nix spoke saying everyone present wants what is best for Fairhope that there only different ideas on how to accomplish this. That the city is prohibited by state law from building parking lots for businesses, that we will destroy Fairhope if we build on every square inch. Dot Yeager said we may have a parking problem but it is also a "God send" that we are so busy but couldn't we wait 3 months before deciding this, after committee studied it. Trisha LoPorto asked to go on record agreeing with Dot Yeager, study first then decide, that she thinks the west side of Church Street should be in CBD. Larry Green asked for any more concerns Bert Nujin commented about what if he built small law office on his land on Magnolia Street and asked how many spaces he would be required to have. Cecil Pitman said after hearing all speak he supported deferring issue of Central Business District for 3 months. Larry reminded him that we are under a moratorium. Dick Charles said perhaps it would be more palatable to complete the Page 3 - Planning & Zoning Commission November 3, 1997 parking study within the 3 month time period. Cecil said he moved that everything else be forwarded to the council for approval except portion pertaining to CBD and that be tabled for 3 months. William Richmond seconded motion and vote was For Motion: Tim Kant, Cecil Pitman, Dick Charles, Cindy McBrearty, William Richmond. Against Motion: Debbie Quinn, James P. Nix, Larry Green, Thad Ingram. Eddie Levin asked if we would define scope of any changes and Larry Green told him the only issue the central business district addresses is off street parking. Larry Green then asked that if anyone present wish to submit any suggestions that they please put them in writing and forward them. He then appointed Dick Charles to chair this committee and Mr. Charles said comments could be mailed to him. Mrs. McClantoc asked the commission if any of her suggestions she had made in the past regarding zoning issues had been adhered to and she was told no. She asked the commission to reconsider their thinking. Belle Chase - Phase 2 - Application of the Mitchell Company for Final Plat Approval, 38 lots on Belle Chase Court off of Spring Run Drive. Bob had commented that the improvements have been installed and tested and the plat generally appears to be in order. He reminded the developer that acceptance of streets and utilities for maintenance by the City Council will require a two year maintenance bond and no building permits shall be issued until after such acceptance. Joel Coleman came forward and said that the punch list items had been completed. James P. Nix moved to approve subject to Bob's recommendations. Dick Charles seconded and motion carried unanimously. A gentleman spoke saying he had a problem with the slope of the streets and Mr. Coleman was asked to get with the gentleman and explain how the lots will slope. Larry Green also mentioned to Mr. Coleman that the city is very unhappy with the streets in Unit 1 and Mr. Coleman acknowledged that he knows that. Quail Run- Application of CMC(Craig Reed) for Final Plat Approval, 22 lots on the east side of County Road 27 south of Quail Creek Drive. Bob had commented that there was much work to still be done, that he had not received test reports on the base and asphalt, that the trees, landscaping need to be worked out, sod laid and general cleanup, that the manhole needs to be raised. Craig Reed said he is suppose to talk to Aaron Norris about the trees on the right of way. Further discussion led to Thad Ingram moving to give conditional approval subject to getting all things Bob mentioned done. Debbie Quinn seconded and motion carried unanimously. Kensington - Preliminary plat approval of 25 lots for patio garden homes located on the south side of Fairhope Avenue property of Stahls adjacent to Eastgate Subdivision. Bob's comments were that the developer had complied with recommendation and provided rear access to all lots in the project. He recommended preliminary plat approval with the requirement for a pre -construction conference. Mr. Butgereit , FSTC lessee, spoke saying that when they did the survey of Stahl's land that they put the Page 4 - Planning Commission November 3, 1997 stakes over on his property. That when the Stahls leased the property they recognized the fence line as the property line. Melissa Mahan the developer had a legal description of the property and last survey made. It was suggested that she get with the Butgereits and work this out. Tim Kant questioned the retention pond and he was told it would eventually run to the big detention pond already there, mostly flat property but would not run to Eastgate. Two of the Eastgate ladies questioned the plans for the rear of the property and were told there would be a driveway in the rear. Melissa Mahan said they were planning to keep every tree and shrub they could. Further discussion led to a motion by Dick Charles to give preliminary approval subject to lessee boundary dispute being solved. Cindy McBrearty seconded and motion carried unanimously. Spring Lake - Preliminary plat approval 66 lots for patio garden homes property on the east side of US 98 south of Autumn Drive. Bob had commented that the applicant proposes private streets and shows no rear access. That lot #66 is designated for townhouse development on a single parcel. The provisions of the zoning ordinance relative to R3th Townhouse development will control construction thereon. He said further that in his opinion that the private street provisions of the Subdivision Regulations were not intended to apply to developments of this size and density. And that he recommended that these streets be the required minimum of 50 ft. Right of way and be dedicated to the city. That they should consider a circulation pattern, a loop, rather than have closed end streets. Seth Moore spoke representing the developer and said that they have re -thought the traffic flow and will do away with the cult -de -sacs, make loop. He argued for the smaller streets saying that the smaller maintained the character of the development, nothing like this in Fairhope now, that they are going to have a 1/2 mile sidewalk around the lake, a pool/bath house and that the town home area has less than the maximum density - 6 vs 8 allowed. Lary Green said we cannot accept 40 ft. right of way unless we change the subdivision regulations. Seth said the covenants would take care of streets, that the property owners would be assessed and that is what they are doing in Foley at similar development now. Debbie Quinn said she agrees with the chairman, that we have rules and need to stick with them. James P. Nix moved to table this for a month and asked Seth to get with Bob and work it out, Debbie Quinn seconded and motion carried unanimously. Porch Place - Jim Geram was present for an informal plan review of 8 lots of the east side of Jubilee Lane which runs between Gayfer Avenue and Dyer Road east of Arbor Gates. No action was required and Bob had commented that it would appear to be a good use of the land but does not fit within the parameters of an ordinary residential subdivision plan. That lots are planned at 1/2 acre per structure. Larry Green questioned if this would fall in the county subdivision regulations and was told Page 5 - Planning & Zoning Commission November 3, 1997 yes, Mr. Geram was questioned about the paving of the road and he said that it is partially paved. That it would have to be improved to City standards. Discussion led to Mr. Geram being told to get with Bob and discuss further what possible. Belle Chase III -IV - Chuck Reiber of Mitchell Co. was present and said this will developed identical to I & II. Bob said this is an informal review. Larry Green asked him to look at the problems we see in 1 & 2 especially the parking issues, he was reminded that we adopted regulations requiring green space, get with Bob and discuss further. There being no further business, meeting was duly adjourned.