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HomeMy WebLinkAbout03-08-2000 Planning Commission Minutes127 The Planning & Zoning Commission of the City of Fairhope met Wednesday, March 8, 2000 at the City Administration Building, 161 N. Section Street at 5:00 PM in the auditorium. Present: Larry Green, Chairman; members Pauline Anders, Lee Turner, Bob Gentle, Dick Charles, Thad Ingram, James P. Nix, Tim Kant, Bill Jones. Christopher Baker, Director of Planning & Zoning and Betty Rivenbark, Secretary A presentation was made by Mayor Nix to William Richmond for his twelve years of service on the Commission. The minutes of the February 7, 2000 meeting were duly considered and approved as written on motion by Dick Charles, 2"d by Pauline Anders and unanimously carried. ZC00-04 Public hearing to establish R7 Traditional Fairhope Neighborhood District Mr. Green at this time said that before we address this issue he has received a letter from the FSTC asking the Commission to delay action on this and the public hearing for 60 days to allow them to do a survey of leaseholders in the proposed district. He asked for the commissioners input and said he would entertain a motion. Dick Charles asked George Gilmore, the FSTC President, the need for the 60 days additional time they are requesting to survey the lessees. Mr. Gilmore said he had heard many comments, that procedurally they should sign off but they have members who feel very strongly about both sides of the issue. It is an awkward situation. That they have had two months notification like everyone else, did not receive a request to sign off on this until 30 days ago, that in their polling they would allow one vote per lot. Dick Charles moved to approve delay for a maximum of 30 days and bring up at the April meeting. James P. Nix, 2"'. Bob Gentle asked if he could add a caveat, requesting that the Single Tax share information with the homeowners, stop polarization. Tim Kant added that they need to work together reveal the areas of compromise when FSTC polls residents. George Gilmore said he would, that the survey will reveal who for and against and can make clear. A Michael Smith spoke against the delay saying that there had been ample communication since September 1999 with FSTC where all issues of what proposed had been addressed. After further discussion, the motion with caveat was acted on and carried with Pauline Anders, Bill Jones and Tim Kant voting against motion. Mr. Green asked Mr. Baker to share results of petition that had been circulated in the neighborhood and presented to Commission. Mr. Baker said that petition revealed 51.9% of the neighborhood was for what proposed as of 15 minutes before the meeting. ZC00-02 Public hearing - Request of Fairhope Bluff Neighborhood Association to rezone from R2 Single Family to R7 Traditional Fairhope Neighborhood District As this was tied in with the above request, it too was continued to the April meeting ZC00-05 Public hearing to consider request of Madeline Berglin for establishment of PUD contingent with annexation on property located east and south of Rock Creek. Planning & Zoning Commission - Page two March 8, 2000 Mr. Baker was asked to read his comments and said this contains some 80.31 acres outside the city limits, but Ms. Berglin is seeking to annex into the city and establish a planned unit development. He said the request is in conformance with the comprehensive plan, the lot sizes range from 15,000 to 45,886 sq. ft. and contains an integration of lot types and a variation of street widths. The maximum building height is 30 ft. and only residential uses will be permitted in the PUD. He said the site plan incorporates several features: 1. Connections to adjoining property; 2. Only one cul-de- sac; 3 traffic calming; 4. 10% of the site plan is common area. Staff recommended approval. A motion was made by Bill Jones, Bob Gentle2nd. A David Johnson spoke representing Rock Creek, and said that at the end of South Drive there was a platted 60 ft. easement that Rock Creek was not aware of and questioned this and the extension of the utilities into this subdivision. It was pointed out that this South Drive easement is a ROW easement granted to the city that they could open if they needed further access to the property. Discussion led to the comment being made that there is a 30 ft. easement on the Berglin property which has been discussed at great length in previous meetings and a variance would have be given at the time of platting regarding the 30 ft. on Ms. Berglin's property. Mr. Green said further, they have been requested to bring a stub out to the property line and regarding the utilities, they are in the ground and not owned by Rock Creek but city. There being no further discussion, motion carried unanimously. ZC00-06 Public hearing Fairhope United Methodist Church from R2 Single Family to P1 Parking This property being located on the east side of Oswalt St. Ray Moore was present representing the church and said he would be glad to answer any questions. Mr. Baker was asked his comments. He said the application contains 39,000 sq ft. This request is made due to an expansion of the sanctuary and need for additional parking, overflow parking, as a result would be used on Sundays mainly. They are requesting to use porous parking materials which would allow the water to be absorbed. Using porous material would not cause water overflow. Staff recommends approval subject to installation of porous material. Dick Charles moved to approve subject to installation of porous material as stated. Bob Gentle 2"d motion, and it carried unanimously. SD99-35 Preliminary Plat of River Mill Unit 4 - Craig Dyas(located north of Windmill Rd and east of Cty Rd 27) Mr. Baker in his comments said that Mr. Dyas is seeking preliminary plat approval of the final unit of River Mill, Unit 4. That it contains 19.6 acres and 61 lots and is currently outside the city limits with no zoning established. That Craig has indicated he will be requesting annexation in the future. He said the issues are: 1. It is in accordance with the adopted comprehensive plan. 2. That he is recommending a traffic circle be constructed on River Mill Drive during phase four. 3. Greenspace, that he has sought relief from greenspace requirement as total development will meet requirement, has increased greenspace percentage as relates to this phase of development. There were no further comments. A motion was made to approve preliminary plat as requested by Bill Jones, 2Id by Thad Ingram subject to traffic calming being installed, motion carried unanimously. 125 Planning & Zoning Commission March 8, 2000 - page three SD00-02 Mac Acres - Minor subdivision of Leon McGugin(located south of Cty Rd 32 and east of Cty Rd 27 Mr. Baker in his comments said this contains 15.9 acres containing six lots and has been submitted to the County for review, that it had come before us at the last meeting and at that time we requested that the applicant go back and provide some additional engineering information relating to drainage and get with the county and do some hydraulic analysis. This has been provided and has been certified by the engineer that it meets the requirements. They will use septic service and the minimum lot size is 2.06 acres and there is no greenspace requirement. Mutual access easements are placed on every two lots. Staff is recommending approval. Seth Moore spoke for the applicant and he explained the changes they have made to accommodate the concerns that were voiced at the last meeting. They have not finished the restrictive covenants but there will be wording in them about parts of the property that they cannot build on. Mr. Thomas spoke again saying he still had some concerns. Discussion followed and Mr. Moore was questioned about Mr. Thomas' concerns and Seth replied the county asked and they have complied that the setback lines be out of 100 year flood plain, driveways placed with minimum amount of fill and not in 100 year flood area the only thing they have not provided is restrictive covenants which they are working on now. Christopher said this meets and exceeds any requirements that we have now. Mr. Green said under those circumstances we are bound to approve it. Any restrictions would come through county and called for a motion to approve subject to stipulations of covenants. Bob Gentle moved for approval with stipulations of covenants, Pauline Anders 2"d and motion carried unanimously. 123 SD00-05 Final Plat Approval of Baldwin Square Professional Park(located south of Fairhope Avenue adjacent to Lottie Lane) Mr. Baker said this contains approximately • 4.3 acres of land and is zoned B2. That it is currently under construction with public improvements and the city has received a letter of credit from a financial institution guaranteeing that the improvements will be constructed. The request is in conformance with the adopted comprehensive plan. The drainage calculations have been provided and staff is recommending approval subject to construction of sidewalks with the public improvements. Jeff Kennedy spoke for the applicant. He asked that we take into consideration issue of construction on request to require sidewalks. He said it will be written into agreement when lots sold that sidewalks will have to be provided. Bill Jones moved that final plat be granted subject to sidewalk requirement being required when lots sold. Pauline Anders 2"d and motion carried unanimously. SD00-07 Minor Plat of Pelican Commercial Park(located west of Greeno on Middle St) Mr. Baker in his comments said this is a one lot subdivision, located adjacent to Burger King on Greeno Road and is zoned M1 Industrial and contains 37,000 sq ft. That it is in conformance with the comprehensive plan, no public improvements are to be constructed and the plat indicates a water meter box, that an easement needs to be placed on the plat or box removed. Staff recommended approval subject to showing water meter as public utility easement. Bill Jones moved to approve minor plat subject to showing water meter as public utility easement. Thad Ingram 2"d and motion carried Planning & Zoning Commission - page four March 8, 2000 unanimously. SD00-09 Preliminary Plat of Silverwood Unit 3(located south of Cty Rd 32 and West of Cty Rd 27) Mr. Baker said this contains some 16.2 acres and is located outside the city. That it has been submitted to the county for review and has been certified that drainage meets requirements. They are proposing to construct sidewalks and they are much closer to meeting greenspace requirements than previous submittal. Staff recommended approval. Mr. Lovitt said they are 96% in meeting greenspace requirements. Dick Charles moved to approve, Bob Gentle 2"d and caveat was added to motion that sidewalks did not have to be put in with public improvements but statements be made on plat sidewalks would be built as lots sold. SD00-10 Request of Billie F. Carlisle Replat as the Billie F. Carlisle Subdivision ( located at 104 N. Bayview Ave) Christopher said that Mr & Mrs. Carlisle have bought additional 115 feet of adjoining property and wish to replat showing adddition to their lot. That a note will be placed on the plat that no drainage study was performed, but he has no issued with this. Staff recommended approval. Bill Jones recommended approval as requested, Pauline Anders 2"d and motion carried unanimously. SD00-11 Minor Plat of Idlewild Phase 5(located adjacent to Thompson Hall Rd just North of Morphy) Christopher said that this had been previously considered, located in the city, but now the developer is starting over with Phase 5. They are seeking to plat the lots that already have all the needed improvement and the lots under consideration are adjacent to Thompson Hall Road on the east side just north of Morphy. That drainage calculations and required certifications have been provided, sidewalks are not required and no greenspace is required. All other issued have been met or agreed to. Staff recommended approval. Jeff Kennedy said this contains 4 lots and have all required infrastructure in place are requesting to pull out of Phase 5 and are seeking approval. Dick Charles moved to approve as requested, Thad Ingram 2"d and motion carried unanimously. SD00-12 Request of David Diehl for Preliminary Plat of Southland Place(located east of Greeno Road and South of Manly Road) Christopher said this is a PUD and has recently been annexed into the city. The development will be phased but they are seeking to preliminary plat the entire development containing some 55 acres.. Issues are: That the development is in partial compliance with the comprehensive plan and is in conformance with the PUD. The needed calculations and certifications have been provided. The development has access to a publically maintained and paved street. Manly Road is not paved but the developer has been advised that the road must be paved in conjunction with the development. As phases of the development occur Manly Road will be improved. Staff recommended approval subject to advising the developer of the requirements of improving Manly Road. Bill Jones moved to approved subject to improvements to Manly Road with each phase of development. Dick Charles 2"d and motion carried unanimously. OCT 129 t t Planning & Zoning Commission - page five March 8, 2000 SD00-13 Request of Randy Niemeyer for minor plat of Porch Lane(located south of Cty Rd 32 and east of 98) Christopher said this is located outside the City Limits and in the Point Clear Zoning District and contains 2.8 acres and 3 lots. This has been submitted to the county for review. That drainage calculations have been provided. However, there is no certification that it meets the requirements of the subdivision regulations. There is a water course that runs through the property. This should be included in a drainage easement. The 30 ` private ingress and egress easement should also be indicated as a public utility easement. Staff recommendation was to approve subdivision subject to 1. Proper certification of the drainage calculations and a note on the plat to the effect 2. A drainage easement that follows the water course on the property and 3. Public utility easement on the plat. Christopher was told to coordinate this with the county to insure that done right. On this note Dick Charles moved to approve subject to Point Clear confirming the zoning and Christopher's recommendations. Lee Turner 2"d and motion carried unanimously. SD00-14 Preliminary Plat of Battles Wharf Land Phase 1 - Located outside city limits. Christopher commented this was considered some months ago as larger parcel. Now divided up into two parcels. Phase 1 consists of several lots that front on Nelson Road a publicly paved street, it is in conformance with comprehensive plan and has been submitted to county for review. It has been certified that drainage provided meets city requirements. There is a detention pond proposed with the capacity to handle a 100 year storm event. They will use public water and sewer will be a low pressure line into a city gravity line. Lots for Phase 1 front on an existing public paved road. No greenspace is required. Staff recommended approval. Larry Green asked of County's intention to re pave Nelson Road. No one was aware of any plan to do so. Mr. Jones said he had some real problems with water drainage. Has seen flooding over the years. Russ Lomax, engineer for the project discussed proposal to alleviate these problems. Bill told of way water acts up. How do you plan to handle water, where put it, channel down the middle of road? Lomax responded that a culvert under 98 is acting as dam. Bill asked again how they plan to alleviate that problem. Mr. Lomax said that there is an existing outfall pipe that is totally silted up dammed up on both sides, plan to improve ditch on both sides Take into larger pipe. Questioned where is it going to go once leave lots? Mr. Lomax said, based on elevation data going to be improving situation on Nelson Road, take out clog, go thru pipe on their property, take siltation out and ditching with double pipes to holding area, then channel out to bay. Large detention area planned for phase 1 and 2. Lengthy discussion followed between engineer and commission members about existing problems and how they plan to handle. Bill said this will eventually go into Sweetwater Branch. The engineer said it will discharge into culvert under Hwy 98. Questioned whether they would do further development on Heard Road. Engineer said that this is all they can do the rest of they property certified as wetlands, cannot do any more. Mr. Edgar and Mr. Moffitt calculations included any other development. Larry Green addressed those issues saying his understanding was the water being held in pipe on north side of road because of siltation and pipe will be opened which should alleviate problem. Bill Jones moved that this be approved subject to him working in conjunction with county in assuring that water he is proposing to move UT Planning & Zonning Commission - page six March 8, 2000 into wetlands has opportunity to flow into Sweetwater Branch. And that the culverts all along Hwy 98 seeing that adequate drainage occurs. Bob Gentle 2"d. Motion carried unanimously. Preliminary Plat of Battles Wharf Landing Phase 2 Christopher Baker said this is located outside the city fronting on Heard Road, it too has been submitted to County for approval. He said we addressed drainage issues in Phase 1. This development is in conformance with comprehensive plan, will have public water and sewer. Outstanding issue is improvements to Heard Road and at lunch time County was clearing ROW from Twin Beech going north to Nelson Road. That based on construction recommending approval of preliminary plat subject to actual paving of Heard Road before final plat submittal. Bill Jones said he has the same concerns voiced on V phase. Bill Jones asked if after the paving we knew which way the grade was going to fall. The engineer said it falls to Twin Beech area but will discharge into wetlands area. Bill Jones moved that this be approved subject to same conditions of first phase and paving of Heard Road before final plat submitted. Bob Gentle 2"d. Motion carried unanimously. SD00-16 Final Plat of Plantation Pines Unit 2(located north of 104 and east of US 98) Mr. Baker stated this is 13.3 acres in city limits and contains 17 lots and is currently zoned R1. The request is in conformance with the comprehensive plan and will be served by public water but they will be using septic tanks. Drainage calculations have been provided. The public improvements have been made but will have to be accepted by the city council. Staff recommends approval with understanding no permits will be issued until public improvements accepted by City Council. Bill Jones moved under those conditions approval be given, Thad Ingram 2"d and motion carried unanimously. SD00-17 Final Plat of Porch Place(located east of US 98 and North of Gayfer Ave)Mr. Baker said this is an experimental subdivision containing 4.34 acres and 8 lots and is zoned R-1. It is in conformance with the adopted comprehensive plan. The public improvements have been constructed and inspected by the city. Issue of setbacks the development meets the R1 lot size but the setbacks are different than required but realizing that this preliminary plat was approved before annexed staff recommended approval while advising the developer that no permits will be issued until city council accepts the public improvements. Bill Jones moved for approval, Pauline Anders 2nd and motion was unanimously carried. There being no further business meeting was duly adjourned.