HomeMy WebLinkAbout01-05-1998 Planning Commission MinutesThe Planning & Zoning Commission met Monday, January 5, 1998 at 5:00 PM at
the Fairhope Civic Center 161 N. Section Street
Present: Chairman Larry Green, members Cecil Pitman, Dick Charles, Tim Kant,
Thad Ingram, Debbie Quinn, Cindy McBrearty, James P. Nix
The minutes of the December 1, 1997 meeting were approved as presented on
motion by Debbie Quinn, seconded by Dick Charles and unanimously carried.
A public hearing was held on a request for zoning concurrent with annexation
as
R-2 Single Family District property located north side of Nelson Road and east
of Scenic Hwy 98(South Mobile Street) - 9 lots of Wm, Moffett. Bob commented
that this is zoned by the County as R-1 at this time. That Mr. Moffett intended to
have a privately maintained street accessing Nelson Road. That you have R-3
zoning in Paddock Estates to the north and R-1 on the south; with a commercial
development to the west. The lands eastward are mostly unzoned in use as
residential properties. He recommended forwarding to City Council with R-2
zoning. Bill Moffett addressed the Commission saying he had lived there 6
years. He gave a hand out to members saying he had been getting input and
planned to name subdivision Morgan Cove, he would have private drive and
property owner's association. He showed photos of homes he hoped to build.
That he would encourage privacy fences and have common green area with
underground utilities, connect to city sewer, sidewalks, lightposts and a
landscaped entrance. He also planned for detention area at front of
subdivision. Larry Green questioned if present residence was where detention
area would be and he remarked yes. He said that his drainage was looked at
carefully, he hired engineers and did a topo map and what they suggested was
putting 18" pipe under Nelson Road. He said further that this recommendation
was based on 25 year storm. Tim Kant brought out that a development on this
road was brought before us several years back
and at that time it was recommended to the developer that a pipe be installed
that would run down Nelson Rd to Molokai Lane to the Bay. Mr. Moffett said he
did research to see what has happened in the past. Mr. Green asked if the 18"
pipe would be metering the water, not dump any more across the street and Mr.
Moffett said yes, he talked to Mr. Cowper, Mr. Lunsford and then went to
engineer. After commission was satisfied with answers Mr. Green called for
comments from the audience and John Parker spoke saying his two concerns
were density and drainage, that the county had zoned this R-1 and he hoped we
would hold to it. Clay Havard spoke saying we might be inviting more than we
can handle by developing subdivisions in wetlands property. David Ryan spoke
saying he is next door neighbor and does not have problem with what planned.
Larry Thomas spoke saying he would welcome the addition but like to see R-1.
Arthur Edgar spoke saying he has property across Nelson Rd. There is flooding
in that ditch now, close to wetlands keep R-1. Phil Dyson and Mrs. Adger
spoke, property owners on the bay, saying that drainage now a problem, that R-
1 would be better. Dick Charles asked Mr. Moffett why not consider R-1, Mr.
Moffett said if developed R-1 they would have to take away some of the
Page two - Planning Commission
January 5, 1998
amenities now planned. Cindy questioned how many lots R-1 and Cecil agreed
R-1 better. Mr. Green called for
any more comments, there were none, he called for a vote and Dick Charles
moved to recommend to City Council zoning as R-1, Cecil Pitman seconded and
motion carried unanimously.
Spring Lake(cont) 63 lots/45 Th- Preliminary Approval application of Charles
Breland. Bob had commented that he is led to believe by Mr. Breland and his
engineer the current plan is to continue with the loop arrangement for the traffic
pattern within the subdivision; to ask the Commission to either approve the
privately maintained streets with an additional 15 ft. Side easement(35 ft. from
centerline) on each side or have the Commission waive the minimum right of
way requirement from 50 ft. To 40 ft. And have the streets publicly maintained(
he does not recommend said waiver). That the multi -family area as Lot 64 of
Spring Lake will be developed as condominium arrangement with no subdivision
of land for conveyance to individual owners. He pointed out two things to bear in
mind (1) the City may not accept for maintenance any street which does not
have the status of a dedicated public way and (2) the City Council is not
obligated to accept for maintenance any public street which has not been
inspected by the city and certified by the project engineer to have been
constructed fully in compliance with all of the city's requirements and that this be
noted on the plats the non dedication to the public a prominent part of the plat.
He recommended approval of revised application with them showing the
continued loop pattern for traffic on private streets with a minimum easement of
35 ft on each side of the centerline of the accessway., and there be no provision
for further subdivision of Lot 64 south of the lake with the following being
conditions precedent to such preliminary plat approval:
1. Final draft of all preliminary drawings as per above
2. Certification by project engineer that the improvements fully conform to all
requirements of the Subdivision Regulations as well as those of Chapter 19,
Fairhope Code of Ordinances
3. Documents providing for maintenance of common areas reviewed and
approved by the City Attorney.
4. Either evidence of acceptance by County Commission for maintenance or
including of Southside Business Park pass-thru in common areas.
5. Prominent note on face of Plat to read:" The streets and other common areas
within this development are not areas dedicated to the public and will not be
maintained by public authority. Responsibility for such maintenance will be
shared by all owners within the development in "perpetuity".
Page three - Planning Commission
January 5, 1998
6. A pre -construction conference among the developer, his engineer, his
contractor,
the zoning officer the city general superintendent and city department heads to
coordinate pursuit of the work.
Further the approval of the preliminary plat is a tentative act on the part of the
Commission and the developer is cautioned that Final Plat Approval will not be
given until all of the foregoing conditions have been met and the City is satisfied,
through its own inspections and the test and certifications of the project engineer
that the
Page 3 - Planning Commission
January 5, 1998
improvements therein have been constructed to fully meet City requirements for
construction the note regarding non-public dedication and acceptance shall
remain on the face of the plat at time of recording. Seth Moore gave a hand out
to the commission saying it is in conformity with the city's requirements and it will
have a 2 year maintenance bond on the streets. That Tut Wynne is doing the
property owner's agreement. Mr. Green commented that the real problem is the
density they are proposing. He called for any comments or a motion. Tim Kant
moved as long as they maintain the streets and follow Bob's recommendations
approval be given, James Nix seconded and motion carried with a single nay
vote by Dick Charles.
Belle Chase- Phases 3 and 4 - 74 lots Preliminary Plat Approval
Application of Mitchell Co for 74 additional lots on the end of Springrun Drive.
Bob commented this project has the potential to adversely affect the drainage
into existing Boothe Road and that the engineer should provide a specific
certification that he has developed the design of drainage so as to avoid such
undesirable impact. That the plans and plat otherwise appear to be mostly in
good order, but the engineer should provide area calculations on the recreation
area in the north end of phase 4 to demonstrate compliance with the revised
subdivision regulations relative to such recreational areas in addition to other
certifications. He requested that Meadowview Street in phase four be changed
to avoid possible confusion in emergency responses. He recommended
preliminary approval with the following conditions: 1. Demonstration of
compliance on plat recreational areas 2. Change street name on plat and plans,
and 3 pre -construction conference prior to beginning any work on this project.
Mr. Coleman spoke on behalf of the Mitchell Co. Saying if they give 10% to
green area they will delete 12 lots from their subdivision. A Mr. Doug Anderson
spoke saying he was on the Planning Commission in Mobile and if give 10% this
would make it financially not feasible, it is an overburden to require this,
because of delays of Planning Commission they are now being required to give
green area. Bob had a proposed area showing Lots 81-83 & Lot 115 and
common area S. of Lot 115(being the north seven lots in Phase 4 according to
Page four - Planning Commission
January 5, 1998
recommendation. Cindy McBrearty moved to approve Bob's recommendation
with conditions, Dick Charles seconded and motion carried unanimously.
Nelson Acres - An application for a resubdivision of a part of Lot 2 Nelson
Acres subdivision located on the south side of City Road 32 west of County
Road 343 outside the City. Eric Weatherly was present to answer any questions
and said the county engineer has looked at it. Mr. Green called for any further
discussion. There was none. James P. Nix moved for approval, Thad Ingram
seconded and motion carried unanimously.
There being no further business, meeting was duly adjourned.
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