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HomeMy WebLinkAbout04-03-2000 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, April 3, 2000 at 5:OOPM at the City Administration Building, 161 N. Section Street Present: Larry Green, Chairman; members Bill Jones, Bob Gentle, Pauline Anders, Lee Turner, Dick Charles, Tim Kant. Christopher Baker, Director of Planning & Zoning, Betty Rivenbark, Secretary The minutes of the March 6, 2000 meeting were duly approved as written on motion by Bill Jones, 2"d by Dick Charles and unanimously carried. At this time Mr. Green called on Christopher Baker to speak regarding the Fairhope Bluff District. Christopher said that Bob Mullican had withdrawn the application and that the city attorney had advised us that we should not go forward with the zoning at this time. Mr. Green said that this is where it stands but that he will open the floor to a public forum if anyone wished to speak at this time. Several people spoke: Michael Smith - said they had started this a year ago and sought direction, filed application and now find that there is no provision in the zoning ordinance for a citizens group to propose zoning. That there is too much at risk to do nothing, the genie is out of the bottle, that we have a responsibility to adopt the proposal as that of the commission. William Nolte - questioned what the percentages were? Jerry Reese - said that there was hypocrisy going on regarding greenspace, did not add up and that he thought this was a free country, build on lot like you want to. Bob Mullican said that the way the area is zoned now, R2, invites over development, that they developed a mass and scale ratio and what they attempted to do was balance property rights, develop a plan mindful of environment and flexibility. That they are proud of their effort. He hopes we will address the issues and use their blueprint and come up with a workable solution. Linda Moore - spoke saying she is 3`d generation Fairhopian, against the rezoning, the dishonesty in presentation - that they should not try to impose zoning unless she wants it on her property. Billie Carlisle - said that she was misled by the group seeking the rezone and when learned of what proposed tried to compare what written and what proposed, that zoning ordinance written so unclearly it invites misinterpretation, ambiguous. Too many unanswered questions. Moved for uniqueness. Lynn Yonge - disappointed by whole process, huge waste of time, clearly there was a majority for it, he just would like to encourage no personal attacks. Ed Carlisle - said he had a background in math and that he does not feel figures added up like Mr. Yonge said, some had requested their names be withdrawn and that he feels like it is not 50%, what of colony results? Mr. Green quoted colony results - 95 polled - 75 responded, and of that - 36 oppose, 31 support, 8 neutral. Discussion was ended at this time and meeting proceeded. Planning & Zoning Commission April 3, 2000- Page two SD00-18 Replat request of Harry Johnson for Church Street Court(generally located west of Church St, south of Fairhope Avenue and north of St. James) Christopher had commented that the property is built on and fully developed. That the building located on the property encroaches over a property line and Mr. Johnson is wanting to sell one parcel, the purpose of the plat is to ensure that the building is on only 1 lot. It is zoned B-2 General Business. He said it is in conformance with the comprehensive plan, a note will be placed on the plat that no drainage study was performed, but it is built, so there will be no additional runoff, that the surveyor will clarify the easements and will simplify the plat. His recommendation was to approve. Dick Charles moved to approve as recommended. Lee Turner 2"d and motion carried unanimously. SD00-19 Preliminary Plat of River Oaks Unit 2(generally located west of Boothe Road and South of Belle Chase) land of Roy Barnes. Christopher commented this phase contains approximately 22 acres and 52 lots. It is currently zoned R2-Single Family Residential. As issues he said that the request is in conformance with the comprehensive plan, the drainage has been certified by the engineer that it meets city requirements, the proposed ROW is 60 ft., greenspace has been provided and sidewalks will be constructed with the public improvements. He recommended approval. Jeff Kennedy was present to answer any questions. He was asked if this was the final section and he responded yes. Dick Charles moved for approval, Bob Gentle 2"d motion and it carried unanimously. SD00-20 Final Plat of Pioneer Trace Unit 2(generally located east of Cty Rd 27 and Cty Rd 24) 12 lot subdivision on 8.6 acres. Brian Wenzell & Lynn Glavian landowners. Christopher had commented that this is located outside the limits of the comprehensive plan, that a water line and fire hydrant have been installed with the development. Septic tanks have been approved by the county, the drainage calculations have been provided by the engineer and the 2 year maintenance bond has been posted. Staff recommended approval. A LaRon Blanton spoke voicing opposition for ecological reasons. She presented her comments in writing (in file). After her comments Dick Charles asked if the topo looked at and Chris responded yes, elevation okey and adequate drainage into watershed, that this has been certified by engineer and county health department. Pauline Anders said we are sympathetic to what she is saying but this is in the county and they have met all our requirements, she moved to approve, Dick Charles 2"d motion and it carried unanimously. SD00-21 Preliminary Plat request of Dexter Corte - Old Church Street Subdivision(generally located at the southwest corner of Church and St. James). Christopher had remarked that Mr. Corte is seeking to create a 12 lot subdivision on his .75 acre property. This is located in the Central Business District and is zoned 132- General Business. He stated the issues as being: 1. Comprehensive Plan: It is in conformance with the Comprehensive Plan 2. Drainage: This has been certified that it meets the requirements of the subdivision regulations 3. Water & Sewer: there will be public water and sewer 4.Parking: It is located in CBD so no parking is required 1_ 37 V Y'j Planning & Zoning Commission Page 3 - April 3,2000 5. Alley: the proposal is an alley that will allow access from St. James to Church St. and that a 3' green area between the property line and the alley is required. 6. Lots: the lots have direct access to St. James and will share a common drive. Peter Garsed said he was present representing Mr. Corte and will be glad to answer any questions. Dick Charles said he has some real concerns/questions regarding the ingress/egress off of St. James and the school traffic. He asked if they could continue the alley way shown on the plans and eliminate the two interior drives, same design as shown on the north side, provide a traffic buffer- eliminate the two accesses in the middle. Vicky Watterson, the principal at the K1 Center and Bill Callendar of school board, asked to look at maps, also expressed their concern for traffic coming out on St. James, that this is their main artery in the loading/unloading of students and deliveries. When these concerns expressed Mr. Garsed said they might be able to take some out of the planned courtyard to make this work, he needed to talk with Mr. Corte. Further discussion regarding this problem led to a motion by Bob Gentle who said there are too many issues unanswered, he moved to table for 30 days in order for them to get with school and the city and check the right of ways, see if suggestions are workable, Bill Jones 2nd motion and it carried unanimously. SD00-22 Minor Plat - Brickwood Subdivision land of John Ottagolli and Linda Taylor(generally located south of Clay City Road just before Fish River) . In his remarks Mr. Baker said this had been approved previously but never recorded. They have presented basically the same plat. The property is outside the city limits and has been submitted to the county for review. No greenspace is required, there are no proposed easements and access will be on Clay City Road. The drainage was certified in 1998 to county requirements but has been removed from plat. His recommendation was to approve subject to meeting either county or city drainage requirements, that it needs to be updated to 2000 requirements. He said the city's requirements have not changed but he does not know if the county's have. Discussion followed with Mr. King of Fairhope Title & Survey saying they did get approval in 1998 but failed to record. He was seeking same approval that was given then. Christopher said that this had been submitted to county for their approval. Bill Jones moved to approve subject to meeting county requirements. Pauline Anders 2nd and motion carried unanimously. SR00-01 Site Plan Review - Wendy's(generally located on the east side of Greeno, north of Spring Run and south of Fairhope Fast Lube) Christopher mentioned that under new site plan ordinance they are required to come before Commission and stated the issues that needed to be addressed: curb cut - we require 20 ft and they are proposing 35 ft. Signage - they are proposing a pylon which is prohibited by the sign ordinance - the sign should be of a monument type. Lights - the building elevation indicate roof mounted flood lights and wall mounted flood lights. The planning depprtment is recommending all lights should focus down with the bulb not visible. Landscaping: the proposed landscaping does meet landscaping requirements. Christopher recommended approval subject to curb cut meeting requirements, conformance with sign regulations removal of roof lights and shielding all bulbs from view. Ryan Flanagan speaking for Wendy's, outlining what they proposed, said they 091 Planning & Zoning Commission Page 4 - April 3, 2000 will remove the roof lighting, they asked for 2 - 17 ft curb cuts and will meet sign ordinance. Bill Jones moved to approve site plan as presented. Dick Charles 2"d and motion carried unanimously. Under new business Bob Gentle moved that the Traditional Neighborhood issue should be forwarded to the city planners. He said it is not going to go away, and we need to deal with it in a professional manner. Pauline Anders 2"d saying we need to ask them to look at big houses on little lots in Fairhope. Tim Kant said we need to forward all the information we have on this matter to the planners, motion carried unanimously. A motion was also made by Bob Gentle that the Planning & Zoning Commission direct staff to prepare an amendment to the subdivision regulations equal to or more stringent than that which exists in the Baldwin County Subdivision Regulations regarding planned residential developments. Bill Jones 2"d motion and it carried unanimously. Pauline Anders moved that staff be directed to prepare appropriate documents to change the zoning ordinance regarding R3PGH to reflect future R3PGH development be handled as a planned unit development. Lee Turner 2"d and motion carried unanimously. There being no further business meeting was duly adjourned.