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HomeMy WebLinkAbout08-02-1999 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, August 2, 1999 at 5:00 PM at the City Administration Building, 161 N. Section Street in the Auditorium Present: Chairman Larry Green; members James P. Nix, Bill Jones, Cecil Pitman William Richmond, Tim Kant, Dick Charles, Pauline Anders, Thad Ingram Christopher Baker, Director of Planning & Zoning, Betty Rivenbark, Secretary Mr. Green recognized Pauline Anders, our new member attending the meeting tonight. Cecil Pitman was also recognized for his 46 years of service on the Planning & Zoning Commission. He had expressed a desire to retire and is the only charter member still serving. Mayor Nix read two proclamations and presented him with a token of our appreciation. The minutes were considered and approved as written, with one minor correction, on motion by Dick Charles, seconded by Bill Jones, and unanimously carried. ZC 99-15 Public Hearing - Rock Creek PUD/Trae Corte Clarification of the commercial aspects of the original Rock Creek PUD and site plan approval, located on the northeast corner of Rock Creek Drive and US 98. Mr. Baker read his comments wherein he said it was Mr. Corte's desire to clarify the commercial uses that will be permitted on all the commercial property in Rock Creek. That the Planning Department has no issue with these uses and he is seeking to develop one of the commercial properties at this time and has submitted a site plan approval. In Mr. Corte's proposal no new streets are proposed, that he is proposing a curb cut at the north of the property on U.S. 98 and is approximately 4500 ft. from the existing curb cut for Rock Creek Parkway. That the developer has made application with the State Highway Department for approval of the cut. He stated the Planning Department has no issue with the proposed cut. That they have met the setback requirements for the north, east and west property lines. They meet the zoning ordinance setback for the south from the original Rock Creek PUD.. The building coverage to be 35% with an approved height of 35 feet in accordance with original PUD. That signage and landscaping will conform to city requirements at the time of building permit application. That they are requesting a waiver on proposed signage on the ROW for US 98 near the proposed curb cut. He said that the request is not in conformance with the Comprehensive Plan, however, the approved PUD for Rock Creek does allow commercial development and would be in conformance with the original Rock Creek PUD. Staff recommendation was to approve the requested commercial uses with all future commercial construction being submitted individually for site plan approval and if curb cut is denied that the site plan may be modified without them having to come back for approval. Mr. Green asked for clarification in that some of the permitted uses, i.e., pet shop and dry cleaning, that they did not intend to have kennels and actual cleaning plant in this space. Trae said he had taken uses out of Planning & Zoning - 8/2/99 Page two book, that at this time he had no one interested, but no, they did not intend to allow either use he questioned. He was questioned about the sign they wanted to provide and he said it would be like one going into Rock Creek, monument style level to ground. Mr. Green called for any comments from the audience or commission. Tim Kant said he was sure they would not be allowed anything on the ROW, he asked about the curb cut and was he working with the adjacent property owner? What about setbacks and buffer. Trae said he had written a letter to Craig Dyas adjacent property owner, and that he had no plans to do anything now, that it will be cleared to the north property line and they will landscape the north side of the entrance road. Dick Charles moved to recommend approval of use to City Council and approve the site plan with the exception, no dry cleaning and the curb cut be used for both properties, the one to the north and this development. Cecil Pitman seconded and motion carried unanimously. SD99-28 - Final Plat Approval of Belle Chase Unit 3 - 34 lots. Joel Coleman of Rester & Coleman Engineers, Inc. was present seeking final approval. Mr. Baker had commented that this conforms to all requirements of the comprehensive plan and he recommended approval. Mr. Green called for comments and Mr. Coleman was asked if this was the last phase and he said no, one more. Tim Kant moved to give final approval, Thad Ingram seconded and motion carried unanimously. SD99-29 Mike's Acres Preliminary and Final Approval - Peter Garsed was requesting approval of this subdivision, one lot into two, located on the west side of Hwy 27 south of Vance Lane. Christopher had commented this is in conformance with the Comprehensive Plan, it is located in our extraterritorial jurisdiction and requires county approval. That no drainage plans had been provided and they say no drainage problems exist. He recommended approval subject to note on plat saying no drainage study was performed and no drainage information was provided with the subdivision and that any and all future drainage issues are the responsibility of the purchaser and owner. Pete Garsed said that he does not know of any future development planned they just wish to sell half of their property. Dick Charles moved to give preliminary and final approval in accordance with staff recommendation. Pauline Anders seconded and motion carried unanimously. SD99-30 Waggoner Acres, Preliminary and Final Approval - Larry Hipsh was representing the owner, Mr. Waggoner, the land being 10 acres located south of Cty Rd 3 and west of Cty Rd 11. Mr. Baker said this is located outside the city limits and that it will have to be reviewed by the county. That a survey determined that a 30 ft drainage easement was needed. That this was provided as a drainage plan but not shown on the plat, that he recommends approval subject to this 30' easement being placed on the plat. Dick Charles moved to give approval contingent upon the 30' drainage easement being placed on the plat. William Richmond 2"d and motion carried unanimously. SD99-31 Preliminary Plat Approval of Pioneer Trace - 12 lots. Land of Brian Wenzel & Lynn Glavian. In his comments Christopher said this is located outside the limits of Planning & Zoning - 8/02/99 Page three the comprehensive plan. That this will be reviewed by the county. That they are requesting a waiver of the 1200 ft. block length requirement and they will have public water but not sewer. Lot size is 15,000 sq ft and 75 ft wide, that they meet this requirement. The developer provided certification that indicates there is no need for drainage improvements other than what indicated on the plat. That the developer has agreed to increase the width of the corner lot and provide a 10' buffer strip from incompatible uses. No greenspace is required as it is less than 10 acres. He recommended approval. Mr. Green called for comments and Mr. Dunnam explained that the road extends 1276 ft. but no development other than this one road, thereby the request for the waiver. A motion was made by Cecil Pitman to approve, Dick Charles seconded and motion carried unanimously. SD99 - 32 Sandy Ford Informal Plat Review - Mr. Baker went over his comments stating this is located east of existing Rock Creek and west of Cty Rd 27. He said the issues associated with this review are: Street connections - the developer has provided future ROW access to adjacent properties on the east and the south. Cul-de-sac - That the developer has made the street connection between the cul-de-sac in phase 2 and the street in phase 3. Lot design - that they are proposing higher density in a portion of phase 1 and he advised them to zone as a PUD which will allow them the flexibility to propose alternate development concepts, then seek preliminary plat approval. Drainage - that detention facilities will be used for drainage. The development proposed is in conformance with the approved Comprehensive Plan. He said he has suggested a meeting with the owners to talk about traffic calming, design to be implemented at the outset. No formal action is needed, just input. Larry Green questioned property to south and it was determined it borders private property. They were asked if it will be landlocked and they said they did not know. Tim Kant asked that they line up the road to the east centerline to centerline with the proposed cul de sac and they said they would. SD99-33 Preliminary Plat of Plantation Pines Phase 2 - 18 lots. Located north of Hwy 104 and east of existing Plantation Pines. Ack Moore was suppose to represent the owner but was not present. Mr. Baker went over his recommendations regarding the subdivision including buffers, flood zone, street design, cul-de-sac, drainage calculations, water, sidewalks and greenspace. Dick Charles questioned perk tests because of the sloping land and Christopher said nothing had been provided. The Commission had several questions regarding these plans but no one was present representing the owner. Mr. Baker said if the Commission had any hesitancy that he would recommend denial and let them resubmit. A motion was made by Dick Charles to deny, Cecil Pitman seconded and motion carried unanimously. SD99-34 Idlewild Phase 4 -Final Plat Approval - 4 lots. Land of George Klumpp . Mr. Baker said the previous phases have come before them with approval given, that this contains 4 R-2 lots. He had mentioned in his comments as issues associated with this being: As Built Plans - That as of the date of agenda preparation as built plans Planning & Zoning - 8/02/99 Page four were still incorrect. Guaranty of final inspection - a performance bond had been furnished by time of meeting. The plans have been revised to show on Lot 49 an elevation of 119' which eliminated the need for a drainage easement on this lot. It is in conformance with the Comprehensive Plan. Christopher had recommended approval subject to as built plans meeting staffs request. Tim Kant asked about drainage easement on this lot and Chris said they showed this corrected elevation so there is no more pond, Tim moved to give final approval, Dick Charles seconded and motion carried unanimously. ZC99-11 Public Hearing Residential Agricultural to Residential Planned Unit Development(PUD) - land of Pauline Moyd, approximately 40 acres at the southwest corner of Bay Meadows and Cty Rd 27. Mr. Baker was asked for his comments and stated this is in partial conformity with the comprehensive plan as it states that a small portion be residential and the larger remain agricultural. That the extreme corner at Hwy 27 and Bay Meadows can be developed residentially and the remainder as agricultural. That even though they indicated it is like a Traditional Neighborhood Development in many aspects it is not. The rear alleys are, but cul-de-sacs are used in conventional developments. The PUD Ordinance calls for 40 ft. of setback around the perimeter of the development and the developer has asked for a waiver of this. That PUD requires 15' of open space around residential buildings, the developer is asking to provide 10'. That they have a maximum building height of 30' and the maximum building coverage on any lot shall be 35%. The developer is also requesting 4' sidewalks and city ordinance calls for 5'. Traffic was a concern and the developer has provided written information regarding how many vehicles will be coming into/out of the development at different times. Only residential uses permitted, and proposing 4.5 acres of greenspace. The 3 existing structures will be demolished. Existing zoning out there is R-A. R-2 type lots are proposed fronting on Bay Meadows the remainder is R- 3 and R-3pgh type lot size. There is some neighborhood opposition, plus one letter received. This information was provided each member. Based on the recommendation of the commission an ordinance will be created for the city council and specifically outline the development regulations that the development must meet. Staff recommendation is to approve subject to larger lot sizes in the higher density portion of the PUD so it is more compatible with existing R-2 residential zoning in the Bay Meadows area. Mr. Green said we would open this for public hearing and that he will let the developer speak first then open the floor for comments. Jeff Kennedy of EDS was representing Mrs. Pauline Moyd the owner and the developer and went into great detail explaining how they arrived at the development concept and told of all who worked with him: Gary Fisher, Walcott Adams, Vernuille, Engineering Development Services, Planner Bailey DuMont, and Kent Broom, Landscape Architect, he said this was a joint effort to bring together a development that will benefit the community. He also showed concept drawings and went over every area noting the extensive design and saying these will be high quality homes. He went over the architectural design guideline explaining in detail what all would have to be approved; what the intent of the developer was, not your ordinary homes or development. He said this would be built in 3 phases. After his presentation Mr. Green said comments from the audience would 24 Mr. Planning & Zoning - 8/02/99 Page five be heard. There were comments from surrounding property owners who all felt that this is over development. They remarked about smallness of Bay Meadows street, the traffic that will be generated, questioned all waivers they are asking for, too many houses on one piece of property, affecting their quality of life, sewage plans, runoff, clearing of the land and pollution. After about dozen people spoke all against what proposed Green called for comments or a motion. Cecil Pitman said he can't compromise the present comprehensive plan and feels this is over development, he moved to recommend denial to the City Council, Dick Charles seconded and motion carried unanimously. Mr. Baker mentioned to the audience that Planning Commission is recommending body only and this will go forward to the City Council for another public hearing even though denial will be the recommendation. Preliminary Plat approval Phase 1 & 2 The Meadows. - No action was taken by the Commission. No action was required because the proposed zoning for the project, which the plats were in substantial conformity with, got denied. Therefore, the plats were not in conformance with the Comprehensive Plan and denied on a de jure basis. Barbara Cotten, Principal at Larry Newton School spoke regarding a development that had received approval at the July meeting just west of the school saying they had not received notice. Mr. Baker responded that they were mailed notice as well as telephone calls were made to the school board to make them aware of proposed subdivision. There being no further business, meeting was duly adjourned