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HomeMy WebLinkAbout12-01-1997 Planning Commission MInutesThe Planning and Zoning Commission of the City of Fairhope met Monday, December 1, 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. Tut Wynne, City Attorney, Bob Lunsford, Zoning Enforcement Officer, Betty Rivenbark, Secretary The minutes of the November 3, 1997 meeting were considered and approved as written on motion by Debbie Quinn, seconded by Dick Charles and unanimously carried. Spring Lake - Preliminary Plat Approval, 63 lots - Charles K. Breland - Continued from November meeting located on the east side of US 98 south of Autumn Drive. Bob's comments were asked for and he said that this is a two part application - the continuance of first phase and phase II which contains some 45 townhouse units as a large scale development. In regard to the 63 lots in first phase he said the developer has reconfigured the traffic flow plan to utilize a loop rather than closed end streets and has provided for a ten foot easement along all street frontages. That a note on the plat indicates the streets are to be private, non dedicated maintained by the owners association under covenants and the net density of this development is 5 units per acre. Phase II is a quasi condo/townhouse arrangement that would require handling under the subdivision regulations as it does not conform to the zoning ordinance but generally as a townhouse development in that the lots are not fully sized to meet the requirements of the ordinance. It does meet the requirements for a variance under the large scale development if the commission wishes to view that way. He recommended approval based on the subdivision regulations but has heard some questions regarding the private streets and to the quasi condo development in regard to the R3th district . He said further that private streets to serve the number of lots involved may raise questions as to good planning and the spirit intended by the street provisions of the subdivision regulations. That there is nothing in the subdivision regulations that limits the number of lots that can be served on private streets but that the intent was to serve a relatively small closed in development. Spring Lake -Phase II -Preliminary Plat Approval 45 townhouse units. Bob commented that this is a large scale development under the provision of Section 601.4 of the Subdivision Regulations. Under the plan he was led to believe that conveyance of land would be limited to that underlying the structure and that all other land would be common area in control of the homeowners association which departs from the ordinary lot configuration of the usual subdivision. The net density of this development computes at 6 units per acre. That the construction plans are combined for the subdivision plan and this development and as submitted are less than clear in some respects. As a condition precedent to approval those plans must be revised to include a general layout plan showing all sanitary manholes, designated numbers, invert Page two 12/1 /97 elevations and direction of flow so that the plan can readily be followed. Also, all lateral connections must be shown as planned. Resubmittal of those plans and holding of a pre -construction conference, together with any other requirements of the Commission, will perfect the approval of this application. (That general plan could be incorporated in Sheet 3 of the plan assembly) Subject to the foregoing conditions, he recommended that both applications be given preliminary plat approval. Seth Moore spoke representing Charles Breland. He said that they would rather not be pure condo project. In the development that Breland has done before they would like to sell a portion of land with a townhome, this is more advantageous. But they are open to suggestions on that part. He went on to expound on the advantages of the plan they propose versus the requirements and that they are not overdeveloping on the property. Larry Green said the plans are laudable in density of R3th but personally he has concerns relating to the streets. That he understands that there is no bonding under private streets and he questioned why landowner would incur this expense or responsibility. Further he has concerns over the city's control over private streets in parking area, stop sign issues and traffic issues. Further discussion followed on the streets and them straying from what originally asked for R3pgh and th. Larry Green said he is of opinion it ought to go back and come back with what asked for. Seth said even if private streets they will have 2 year maintenance bond, all the ones they do have them. Tim Kant and Debbie Quinn both said they don't see having private streets that down the road they will be asking the city to take over. The mayor asked why do they want private streets and Seth said overall footage taken off of the lots and Mr. Green said that is really not our problem but a problem of design. Mr. Green asked the commissioners for a motion and Dick Charles made a motion that the developer take it back and look at why they cannot present with public streets with an explanation and Cecil Pitman seconded the motion. Motion passed unanimously. River Mill S/D Unit 2 Final Plat Approval 32 lots R.M. Development located south of Fairhope Avenue and north of Windmill Rd. Bob commented that the improvements had been inspected and all test reports been submitted to the City. He recommended final plat approval for recording of the plat with the requirement for submittal of revised as -built plans to show water lateral locations being a condition precedent to signing of the plat. Ack Moore was present representing the developer. Buddy Richmond moved to approve as per Bob's recommendations, Cecil Pitman seconded and motion carried unanimously. Public Hearing - Dyas Family Rezoning Request - Change from R-1 Low Density Single Family Residential to B-2 General Business some 21.7 acres and change from R-1 Low Density Single Family Residential and R-4 Low Density Multi Family Residential to B-4 Business and Professional Offices some 36 acres(triangle area) Craig Dyas spoke to the Commission stating the history of his family's request to rezone this property. He said there would be a significant loss of land use if developed the way it is zoned now that the family feels best use is plan proposed. He outlined Page three-12/1/97 how they had tried to get public input with their video and held meetings to develop the best plan. He introduced Shawn Davis a Planner with LDR who then explained his past projects and experience , the way they approached this development and their proposal. He said research was essential and they did that in this case. That they looked at the community, surrounding area the marketplace and then combined all the information to come up with their objective evaluation. That they developed a series of design concepts, that they test the alternatives, strive for objectivity. He showed slides saying that they developed 6 alternative concepts for this property and that what presented tonight was one chosen. He said they propose a one acre park, a total of 6 acres will be dedicated to public use, the Fly Creek property will have 10% buffers on that property. That residential a little over 50%. Retail a total of 21.7 acres being asked to rezone from R-1 to B-2. That out of the 100 acres only 41 acres being asked to re- zoned. He went over proposal showing slides and said mixed use is very best use. Art Dyas spoke talking about how they went out and generated public support as directed, that they had made a survey in May of 1997 and that survey revealed multi- use plan favored, that he was encouraged to get people involved. That was when they prepared video, held public meetings and encouraged dialog. Eric Dyas spoke saying how can we be assured they will do what they say they will do? His answer was they told us the way it is going to look. It would be self policing, they live here, children raised here, that Art lives on property and they stand most to lose if they do not do first rate. He said they would deed the parkland to the FSTC and they have communicated this to FSTC and asked Larry Thomas to speak. Larry said that speaking on behalf of FSTC they endorse this and agreed to enforce restrictions. They urge approval on the merits of this proposal. Eric said they are comfortable with the restrictions they have put on themselves. Shawn Davis said it is his understanding that the city's comprehensive plan is a guide, not carved in stone, flexible. He referred to a letter from Don Brady that said as much. Art Dyas in summarizing said that a quality development is desirable, that the comprehensive plan can be amended, that this plan is the best use. The floor was open to public comment and 23 people spoke expressing support for proposal, against proposal, questions about planned drainage in area, traffic plans, sewer problems and plans, possibility of purchasing property. In answer to question of purchasing Craig said it was not a germaine issue before them tonight. After everyone spoke Mr. Green asked the commission if they wished to speak. Cecil Pitman said he thought a PUD would be good. That they could make their plan more flexible possibly a little more R-1 little less B-2. Craig in answer said they would not build the office and commercial complex until there is a demand for it. Dick Charles asked if this was spot zoning? What the legal ramifications would be is depart from comprehensive plan? How would the stormwater affect Fly Creek? And that the traffic management not shown. Tut Wynne, the City Attorney said that it would be best for the city if in court the comprehensive plan was followed, not varied from. That the plan is flexible might be appropriate to revisit but never strayed from comprehensive plan in the past. As far Page four - 12/1 /97 as spot zoning it could be argued by both sides. Shawn Davis said they had planned for 50 year storm event. That traffic was included in plan, that more studies will be done. Mr. Green called for any more comments and Cindy McBrearty said she thinks this is a very good plan, that the area has developed over the past years and would support and need to have their own business area. That she will support plan. Larry Green mentioned the 50 acres of B-2 across Highway 98 that have not been developed, the 6 1/4 acres in Rock Creek, the shopping center at Greeno Road that is being redone and the one that will be empty when it moves, the Plantation Pointe shopping center. That the Comprehensive Plan was looked at in 1995 and that it states that what we have is good until 2007. That this was accepted by the Planning & Zoning Commission. Debbie Quinn stated several suggestions she had made to the Dyas' over the last year and a half, that there are more options than just what they said Plan A or B, that there could be a C or D. Possibly make a PUD. Art Dyas said that a PUD would not work. Tim Kant said he did not know where we could draw the line on Greeno Road development. That he is in favor of B-4 plan but has problem with B-2. Larry Green called for a motion. Cindy McBrearty moved to recommend proposal to Council with re- zoning as requested. There was no second to her motion. Larry Green asked if there was a motion to reject. Dick Charles said he would move to accept proposal subject to conformance to the comprehensive plan, revising the comprehensive plan. Cindy McBrearty said she would second that if it could be done. Tut Wynne said it could not be done that way and the second was not made; motion died. Larry Green said we have to address the issue before us. Cecil Pitman moved to recommend to the City Council denial in its present form, Debbie Quinn seconded and vote was: For motion - Pitman, Charles, Ingram, Green, Quinn, Richmond, Nix. Against motion - Kant, McBrearty.. It will go forward to City Council with recommendation for denial. There being no further business, meeting was duly adjourned.