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 Christopher said that Bob Mullican had withdrawn the application and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
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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
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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.