HomeMy WebLinkAbout10-05-1998 Planning Commission MinutesThe Fairhope Planning & Zoning Commission met Monday, October 5, 1998 at 5:00
PM at the City Administration Building, 161 N. Section Street.
Present: Chairman Larry Green; members Thad Ingram, Tim Kant, Trisha LoPorto,
Dick Charles, William Richmond. Zoning Officer Bob Lunsford and
Secretary Betty Rivenbark
The minutes of the September 3, 1998 meeting were duly approved on motion by
Dick Charles, seconded by Tim Kant and unanimously carried.
A public hearing was held on a request for rezoning from R-A Residential
Agricultural to R-3pgh for the land of Larry Hutter/FSTC located on the south side
of Morphy Avenue some 600 feet east of Oberg Road, 24 acres more or less. There
was no one present representing the applicant, and there were no neighbors who
spoke to the issue. Mr. Green asked for Mr. Lunsford's comments. Bob had said
that inasmuch as there is no immediate and specific use indicated he is inclined to
view this as speculative zoning, and the change would be from a maximum of eight
principal uses at present to as many as 150. Such a drastic increase in density
would require a study on the impact on existing drainage facilities and utilities. That
he is inclined to view this as not in the best interest of the city and recommended
this not be sent on to the city council with a favorable recommendation. Dick
Charles moved that unless shown adequate justification for change, recommend
denial to the City Council. Trisha LoPorto seconded and motion carried
unanimously.
A public hearing was held regarding a rezoning request of Klumpp Family Limited
Partnership/FSTC from R-A residential agricultural to R-2 Medium Density
Single Family, lands hereinbelow described as Idlewild Phase 3(12 lots). Bob had
commented that the zoning change is made necessary by the continuation of the
subdivision process, which must conform to the stormwater management
requirements. There being an immediate and specific need, he recommended this
zoning change request. Jeff Kennedy was present representing the Klumpps to
answer any questions. Dick Charles asked if the infrastructure was in place and he
was told all utilities come to lot line. Tim Kant commented he liked large lots shown.
A Charles Ham of Ham/Zundel spoke saying that he had a conditional objection
regarding the small turf landing strip and was making a request that all utilities be
put underground, he was advised that this stipulation was already in place and
required. Further discussion led to a motion by Tim Kant seconded by Dick Charles
to recommend zoning change as requested to the City Council. Motion carried
unanimously.
At this time it was noted by -Bob that all subdivision applications for October meeting
had come in with deficiencies on the minimum requirements. He has listed the
applications with the deficiencies saying that the commission could grant conditional
approval stipulating that no preconstruction meeting could be held and no
construction begun until the developer had submitted revised plans showing all
defrdCe es corrected -to the commission stafl"ltlfr. `Geeen said #us —sue -will be
addressed under new business. He did say he is cor#btv~why fftes*nues to
happen time after time but putting everyone on notice that these will not be reviewed
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Page 2 - October 5, 1998
in the future if they are not complete.
River Mill - Unit 3 - Preliminary Plat Approval 32 lots - RM Develop./FSTC
Bob had mentioned that annexation is pending on this. He had listed 8 deficiencies
on this plat: 1. Landowners certificate not complete; 2. Lack of street name
continuity 3. Sheet 2(contours) street names bear no reasonable relationship to
those on plat; 4. Sheet3(erosion control) conflicts with sheet 2 and plat; 5. Sheet
4(sidewalks) show street names for clarity of location; 6. Sheet 4(utility) street
names do not agree with plat or masterplan; 7. Sheets 6 & 7 show street names as
per plat; 8. Submitting a revised and correct master plan showing ends of parallel
east -west streets connected. Ack Moore was present representing the developer.
Discussion followed on the deficiencies and what would be done in correcting same.
Bob brought up the street problems and connecting them rather than having so
many cul-de-sacs. The commission discussed these problems with Mr. Dyas and Mr.
Moore said a corrected masterplan could be submitted with the next phase let this
one go through as is. A motion was made by Dick Charles to approve subject to all
of Bob's corrections being adhered to. Trisha LoPorto seconded and motion carried
unanimously.
The Woodlands of Fairhope-Unit two -Preliminary Plat Approval - 37 lots -
Application of Angelo A. Corte. Ray Moore of McCrory & Willams was present
representing the developer. Eight deficiencies were noted: 1. Landowners certificate
not completed; 2. Certificate for commission approval not shown; 3. Greenspace
recreational area not shown; 4. Sidewalk plan not shown; 5.Typical site drawings for
irregular lots not shown; 6. Contour map not included; 7. Clear delineation of flood
plain/wetlands; 8. Address of subdivider required on plat. Mr. Moore said all had
been addressed and he has given Bob a copy. He said he has a letter from Mr.
Corte regarding the wetlands also. That all will be addressed before the pre -
construction meeting. Tim Kant moved to approve preliminary plat subject to all
Bob's deficiencies being addressed. Trisha LoPorto seconded and motion carried
unanimously.
Idlewild - Phase 3, Preliminary Plat Approval 12 lots- Klumpp Family Limited
Partnership. Bob had noted the zoning change is pending. Nine deficiencies were
noted on plat: 1. Landowners certificate not completed; 2. Certificate for
commission approval not shown; 3. Remove utilities certificate from plat(not
Fairhope) 4. Show street name on plat; 5. Engineer's certificate needs to be signed
or removed; 6. Plans, stormwater calculations not properly certified; 7. Greenspace
not shown; 8. Typical site drawings for irregular lots not shown; 9. Show street
names. Jeff Kennedy was representing the developer. He questioned the
greenspace requirement citing this less than 7 acres. Discussion followed on this
with Mr. Kennedy saying that this is 6.43 acres. Bob said he understands where he
is coming from but when totally developed if done in piecemeal and 10% not
required for greenspace as developed we won't have anything. He questioned how
Planning & Zoning Commission
October 5, 1998 - page three
many more acres they had and Jeff said 100 but he does not know if they will
develop anything more next year or ten years down the road. When first 2 phases
put in this requirement was not in place. Bob said he would also like direction from
the commission, if required - 10% of what would be required? Are they saying 10%
of the whole or 10% of each phase? All the commission members felt that this
should not be something waived, that they just put it into effect. Dick Charles moved
to give approval subject to all 9 deficiencies being corrected, to include 10% of this
phase for greenspace, with the stipulation this could be swapped later at Bob's
discretion. Tim Kant seconded and motion carried unanimously.
Pt. Clear Ridge- Preliminary Plat approval - 68 lots LLC, Inc. Bob pointed out
this application was first presented in March 1996 as Bristolshire for conditional
preliminary approval essentially the same layout. That preliminary approval has
since lapsed and there were conditions precedent to that approval: A. Conveyance
to City in fee simple, lot for lift station; B. Delineation on face of plat, wetlands as
determined by USACE, two copies to city; C. Delineation of flood zones on plat, 2
copies to city; D. Change of street names: north point & scale; note for privately
maintained streets; E. Remove lot numbers from common areas not capable of
development; F. Indicate means of access to site. He said further he had indicated
that a name other than something with Point Clear in it would be desirable. He
listed deficiencies on present application: 1. Make or confirm conveyance to city of
lift station lot; 2. Clearly delineate on face of plat locations of flood plain and of
wetlands; 3. Change street names"Parker and Taylor" which conflict with existing
street names; 4. Connect ends of Taylor and Parker to provide loop for traffic
circulation; 5. Indicate a dedicated, paved means of access to development from an
existing public way; 6. All certificates on plat to be revised to current dates. Ack
said he is working on the deficiencies. A question arose regarding the name being
changed to Point Clear Ridge and a Jerry Loper, one of the developers, spoke
explaining that the financial institution handling this development for the owners was
very emphatic that they wished to keep Point Clear in the name for the prestige that
is associated with this area. He said they have deeded access from Marriott Corp.
as far as getting to the development. It was explained that this would have to be a
paved dedicated access, no private street. That he would have to get this from the
county. He said he would be happy to accommodate us on the looping of the
streets but said again he wants to keep Point Clear in the name. Trisha LoPorto
said why not put Point Clear at the end of the name. It was suggested giving
preliminary approval subject to all deficiencies being corrected and giving Bob the
authority to make decision on the name issue strongly suggesting that Point Clear
be at the end rather than the beginning. Ack Moore said they would allow for 10%
greenspace. Dick Charles moved to give preliminary approval subject to all
conditions listed here, Trisha LoPorto seconded and motion carried unanimously.
Sandy Ford- Informal plan review, 198 lots, property of Madeline Berglin. This
required no action from the commission. Bob had commented that based on the
information provided the lot and street layout appears acceptable. He expected this
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October 5, 1998 - page four
to be annexed as to get better sewer fees. He recommended annexation before
development rather than fragmented petitions and that zoning could be
accomplished with annexation. He said possibly be developed similar to Rock
Creek. He noted access from South Drive via a privately condemned 30 ft. right of
way for a distance of some 40 ft from the west boundary of Sandy Ford to the
eastern edge of South Drive. Larry Green commented that the court had decided
where access would be and he thought this wrong. Discussion followed on access
problems with it being pointed out that we require 50 ft. right of ways, but can be
waived by commission. It was recommended that in future developments have them
show dedicated streets to property lines. The greenspace for parks was shown
distributed throughout the masterplan which all appreciated. Trisha asked for more
time to study this informal plan review.. The Chairman appointed a committee of
Mrs. LoPorto and Dick Charles to study this and advise at next meeting.
Under new business Bob in an effort to resolve the problem of applications being
submitted with deficiencies is suggesting an amendment to the subdivision
regulations as follows: Add Section 503.1 All copies of plats shall be submitted in
quadfold, near letter size. Multi -sheet plans shall be rolled with printed side out.
Section 503.2 The official agenda is hereby modified as follows: Deadline closing
date for subdivision items shall be not later than 3:OOPM on the First Tuesday of the
month preceding the month of nleating(g.p., iteM4 f Ar aft OpIpber 5t', 1"Monday
meeting would have to be received on Rr before the first Tuesday in September).
Deadline closing date for changes in z9.on f Jj$Vrict shall be such as to allow 15
days for staff review and sufficient 19gJ ti for ppolication to appear not less than
15 days prior to hearing date. In thg .oyeIt Oat dopoline falls upon a holiday or non -
business day, deadline shall be deemed ! ,a npt lq�gr loan 3:99pm of the
preceding business day. Official Agggd�,$Oqll be r9V1.jQJ to s09W the following:
1. Meeting Date
2. Closing Date for zpnjpq q�anges
3. Closing Date for Subdivision(includes informal review)
A motion was made by Dick Charles, seconded by Thad Ingram to hold a public
hearing at the next meeting regarding these changes. Motion carried unanimously.
There being no further business, meeting was duly adjourned.