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HomeMy WebLinkAbout03-01-1999 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met March 1, 1999 at the City Administration Building, 161 N. Section Street at 5:00 PM. Present: Chairman Larry Green; members William Richmond, Trisha Lo Porto, Bill Jones, James P. Nix, Cecil Pitman, Dick Charles, Tim Kant, Thad Ingram. Christopher Baker, Zoning Enforcement Officer and Betty Rivenbark, Secretary, Bob Lunsford, Retired Zoning Enforcement Officer The minutes of the February 1, 1999 meeting were duly approved on motion by Dick Charles, seconded by Bill Jones, and unanimously carried with two corrections noted. PUBLIC HEARING-JIM GERAM - R-2 Single Family Residential zoning concurrent with conditional petition of annexation property abutting Jubilee Trail on the east side. Mr. Baker was asked to give his comments and he remarked this is now outside the city. That the lands to the west are zoned R-1 and Arbor Gates apartments adjoins it. He said that this could serve as a buffer zone and staff recommended approval. Robin Gregory from Volkert & Assoc. was present representing Mr. Geram. Mr. Green asked him how this would be handled as this is not a paved road and Mr. Gregory responded that Jubilee Trail would be improved out to Dyer Road and that the subdivision streets would be smaller as they would like to try and save the trees; that this is a small subdivision , that he understood in the past that we have allowed smaller private streets in subdivisions. Mayor Nix said that we should be considering zoning question today. Larry Green said he was just making clarification regarding any restrictions that might apply to the streets. He called for any questions. Andrew Gable spoke saying his property is to the south and that they have a serious water problem. That the ditch was closed by Arbor Gates now the water goes east. Does not mind rezoning but where will the water go? Chris said this is not an issue until subdivision plans submitted. Mr. Gregory said that the engineer will meet all requirements. Cecil Pitman said he has legitimate concern, the high density; he is saying look at carefully. A gentleman from the Assembly of God spoke questioning the road easements. Victor Cook spoke citing drainage problems on Bishop Road and said we should address drainage first. Tim Kant agreed, saying it is flat out there and he has been trying to work with the county to solve these problems. He commented that before this developed we need to make sure this road is paved, not have problems like we have incurred with Bishop Road where they promised to pave it and have not. A vote was called for and Cecil Pitman saying he was alarmed about the drainage and density moved to deny zoning request to city council, that the engineer needed to come back with something more positive. Dick Charles 2"d the motion, it is noted for the record that Trisha LoPorto abstained from voting as she is an adjacent property owner. Motion carried. PUBLIC HEARING - EARL MALONE - Zoning change request from R-2 Single Family to B-2 General Business property located on Nichols St. Mr. Baker commented that the applicant wished to construct a sheet metal facility at this location and that the request is not in conformance with the approved comprehensive plan, that the surrounding area is single family and should stay that way. This would be spot zoning and he recommended denial of request. No one was present representing the applicant. Bill Jones moved to recommend denial of this request to the city council. Thad Ingram 2"d and motion carried unanimously. Planning & Zoning Commission March 1, 1999- Page Two PUBLIC HEARING - TEXT CHANGE TO ZONING ORDINANCE Christopher asked Bob to comment on the zoning text changes that are being considered at this time as this had been in the works before he came. Bob said this includes revisions to Article VI- Planned Unit Development provisions by: Addition of class, Business/Professional Office Development on sites of three acres or more Deletion of other commercial uses previously permitted Other substantive changes are: Provisions that buildings wilfully removed or destroyed by an owner or his agent shall lose non -conformity status Provision requiring all uses after loss fornonconformity to be in strict conformance with ordinance requirements Provision for taking average setback where front of buildings are nearer to front property line than required by ordinance. (Copy of complete changes in file) Mr. Green called for any comments or questions saying that these changes had been in the works for two years and had encouraged Bob to review and clarify this part of ordinance. Dick Charles moved to accept text changes as presented. Trisha LoPorto 2"d and motion carried unanimously. QUAIL CREEK ESTATES - The Villas Phase III - Quail Creek Joint Venture -Final Plat Approval 17 lots on Club Drive Christopher reported that the three conditions of the Preliminary Plat Approval outlined at the May meeting had been met as well as the waterline extension to Lawrence Road is complete and he recommended final plat approval be granted. He noted that no building permits would be issued until the city council had adopted the streets and utilities for public maintenance. Ack Moore said everything done as asked. Dick Charles moved to grant final approval, Thad Ingram 2"d and motion carried unanimously. Larry Green passed on to Ack concerns about Phase IV, that the street be completed across the fairways, that this is understood. Ack said he understood. PLANTATION POINTE EAST - Application of A.I. Corte, Jr., dividing into two lots to convey one at this time. Christopher remarked that the site is on the north side of Fairhope Avenue some 900 feet east of U.S. 98. And is zoned B-2 and will be served by existing utilities. He recommended preliminary and final approval. Randy McKinny was present to answer any questions. He said they are going to build a bank on this Planning & Zoning Commission March 1, 1999 - Page Three property, the smaller of the two lots. There being no further questions, Cecil Pitman moved to recommend preliminary and final approval, Bill Jones 2"d and motion carried unanimously. SWEETWATER - Metcalf & Hemdon, Preliminary & final approval 6 lots - Christopher commented that this is located on the east side of Scenic Highway 98 immediately south of Carmel Square. That the land area involved is just over five acres and part of the land area consists of wetlands. Further, this is outside the corporate limits and will require county approval and county building permits. He said there are no new streets to be installed and he recommended preliminary and final approval subject to county engineers endorsement of the plat. Seth Moore was present representing the property owner. Tim Kant asked if this met all the county zoning requirements and he said yes. It was pointed out that there will be 3 egress/ingress, common driveways shared among the six lots and the sewer will go to Carmel Square. Bill Jones asked about drainage and was told it goes to the rear of the property, to Sweetwater Branch and they are resolving the wetlands issue with the Corps of Engineers. James P. Nix said if it meets all the county requirements he moves for approval of preliminary and final plat, Bill Jones 2"d and motion carried unanimously. GREENBRANCH ESTATES - Thistle Development LLC, 12 lots - Preliminary Plat Approval, located on the east side of Danne Road. Christopher commented that drainage calculations had been presented and that they were proposing handling stormwater runoff management on a lot to lot basis without retention ponds and certified that their design conforms to requirements of subdivision regulations. That there is a substantial amount of subject land that is wetlands; There is no specific area designated to provide for the 4 acres of recreational greenspace required. He said part of lot 2 and 11 which is in the wetlands could be dedicated to that use and plat needs to be amended to show greenspace area. Sewage will be underground and the county will be responsible for issuance of building permits. He recommended preliminary plat approval subject to designation of recreational greenspace area and a preconstruction conference being held. A lengthy discussion followed on whether or not the wetlands area should be used as greenspace area. Mr. Green said his interpretation was that it should not. Seth explained that this property is only one foot below surface and not always swamp area, different criteria apply in defining wetlands: soil type, vegetation and groundwater. That some people like things left in their natural state, use as walking path. Seth went on to say that Thistle Road is paved with 60 foot rights of way and ditches to catch runoff. Dick Charles questioned Lot 10 saying it looks like only 20% useable. Seth said most lots are 3 acres, that there is plenty of acreage for homes. Larry Green said again that the greenspace is an issue, that all people should have access to greenspace, that he has reservations about using wetlands as greenspace. Further discussion led to a motion by Dick Charles to delay for 30 days until the information on the perk tests and possible right of way, common area on lot two presented, he would like to look at the property. Bill Jones 2nd motion and it carried with William Richmond voting against motion. Planning & Zoning Commission March 1, 1999 - Page 4 SILVERWOOD-UNIT 3- Application of P.A. Rogers for Preliminary Plat Approval 31 lots west of Cty Rd 27, South of Cty Rd 32. In comments made by Christopher he said units one and two have been previously approved and the proposed unit 3 would be the remainder of Rogers' property. He offered that plans and drainage calculations requiring certification by the engineer have been submitted. That retention area is shown on lots 11, 12, 13. Based on the project area exceeding 15 acres it appears that it may be necessary to combine the area of one or two lots with the retention area in order to meet greenspace requirement. That preliminary approval should be given with the following conditions: Plat complete with all certifications executed. 2. Detailed drawings of drainage retention and recreational greenspace with any necessary delineation of lot changes. 3. Engineer's certification on plans and calculations as required by subdivision regulations. Claude Arnold spoke saying that greenspace requirement was not in effect when one and two completed, that the acre for retention area can be met, one lot. Larry Green raised again the question regarding using retention pond as recreational/greenspace, said he has the same concerns as brought up earlier. Tim Kant said using the retention pond is not a good idea. Mr. Lunsford commented that there was a masterplan presented but only one and two were approved. It was discussed using lot 13. Further discussion led to a motion being made by James P. Nix to give preliminary approval subject to all recommendations being followed and using lot 13 as required greenspace area. Bill Jones seconded and motion carried with Larry Green voting no. There being no further business, meeting was duly adjourned.