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HomeMy WebLinkAbout06-05-2000 Planning Commission MinutesThe Planning & Zoning Commission met Monday, June 5, 2000 at 5:OOPM at the City Administration Building, 161 N. Section Street Present: Larry Green, Chairman; members Bob Gentle, Pauline Anders, Dick Charles, Tim Kant, Bill Jones, Lee Turner. Christopher Baker, Director of Planning & Zoning and Betty Rivenbark, Secretary A comment was made that the Robin Herndon application will be heard at the July 2000 meeting. The minutes of the May 1, 2000 meeting were considered and approved with one correction noted on motion by Bill Jones, 2"d by Dick Charles and unanimously carried SDOO-34 Final Plat Approval - Rock Creek Phase 7(located between phases 5 and 6) Christopher Baker was asked for his comments and said that this a 39 lot subdivision on 26.46 acres and is part of the Rock Creek PUD. That preliminary plat approval was given in May and the final plat substantially conforms to the preliminary plat. He said the project is currently under construction and the required bond for public improvements has been provided. Staff recommendation was for approval subject to the public improvements being completed with the understanding that no building permits will be issued until the council has accepted the improvements. Dick Charles moved that said approval be given subject to completion of improvements. Bill Jones 2"d and motion carried unanimously. A Mr. Foster spoke expressing concern that he had heard rumors that this property was going to be sold for a cheaper value than what is already there and that people are worried about their property values. Mr. Corte said he did not know where they heard this that it is untrue ZCOO-07 Public Hearing zoning change from RA -Residential Agricultural to R2- Single Family Residential land of Michael Wesley located east of Cty Rd 27 and north of Windmill Rd. Mr. Baker commented that this was a 4 acre parcel that Mr. Wesley is proposing to build single family residences on in the near future, that this request is conformance with the comprehensive plan. He recommended approval. Dick Charles moved to recommend approval to the City Council, Tim Kant 2"d motion and it carried unanimously. ZCOO-08 Public Hearing zoning change from B-2 General Business to R-4 land of Mercy Medical (generally located east of Greeno Road just north of Sears) Christopher had said that this is the old Bay Ball facility which adjoins R4 property they already own and Mercy Medical wishes to construct individual cottages for lease on the property. That there is a setback issue if they try to develop between the 2 adjoining parcels if it remains B2 and R4. He went on to say that this would be a down zoning and is less intensive. He recommended approval as it reduces the amount of vacant commercial property and is down zoning. Bob Gentle moved to recommend approval to the City Council, Dick Charles 2"d and motion carried unanimously. Z9T Planning & Zoning Commission page two -June 5, 2000 ZC00-011 Public Hearing zoning change from R-1 Single Family Residential to B2- General Business land of Shirley Ann Bosby(generally located on the east side of Greeno Rd just north of the Biscuit King). Mr. Baker had stated that this parcel contains some 19,400 ft and Randy Niemeyer was present representing the property owner in this request and plans to construct an office building on this property. That the comprehensive plan indicates that this should be single family. Mr. Baker's recommendation was to deny as it is not in conformance with the comprehensive plan. Several residents immediately behind this property spoke saying they do not wish to have a business in front of them. Mr. Niemeyer said this would be an 8-5 business only and argued merits of business already up and down Greeno Rd. not deviating from what already there, that residential is not desirable there. Pauline Anders said she felt like this is premature since the experts are reviewing our comprehensive plan now. That we need to hold the line someplace, not creep into residential. Mr. Niemeyer said he would consider B4. Further discussion led to a motion by Dick Charles to zone B4. Motion was withdrawn after there was no second and more discussion followed on whether he could withdraw until the comprehensive plan completed. Christopher said no, once public hearing opened it goes forward, he said that it may be August - September before we have a recommendation from planners. There was no further motion made so zoning change request was denied. ZC00-12 Zoning change from R1-Low Density Family Residential to R-3 Single Family Residential Fairfield Financial, LLC Multiple lots(generally located on the north side of Cty Rd 44 between Boothe Rd and Cty Rd 13) Christopher commented that this property was recently annexed into the city and when annexed zoning is a straight R-1. He said that Fairfield when developed was located outside the city but that Mr. Monroe is asking for a zoning change so that the setbacks and the size of the lots more closely match that of the deed restrictions in the subdivision. Staff recommendation was to approve so that what developed more closely matches the zoning in the subdivision. Discussion followed explaining to an interested property owner why this was necessary and that it will not affect lot sizes or covenants already in place. Dick Charles moved to recommend approval to city council, Lee Turner 2nd and motion carried unanimously. ZC00-09 Public hearing to consider amending the curb cut requirements in the Zoning Ordinance. Christopher reported that the current ordinance on commercial curb cuts is a maximum 20 ft. This does not work, proposing to change to 24'. Staff recommended approval. Dick Charles recommended approval to city council as written, Pauline Anders 2"d, motion carried unanimously. SD00-31 Preliminary Plat of Sandy Ford Phase 1 property Achee/Berglin(generally located east and south of Rock Creek) Christopher was asked to comment and said this was recently annexed and zoned as a PUD. That they are proposing to develop the first phase containing some 31 acres and 42 lots. That it is in conformance with the comprehensive plan, that the plat and the PUD are in conformance, drainage has been certified by the engineer that it meets the requirements of the subdivision regulations. IjI791 Planning & Zoning Commission Page three - June 5, 2000 Public water and sewer will be used, greenspace is provided and sidewalks will be constructed. They are proposing access thru Clubhouse Drive. He did mention that there is pending litigation regarding this property and the City Attorney has advised that it is in order for the Planning Commission to consider the plat as long as the developer is advised that they are proceeding at their own risk. This notice has been passed on to the developer. Staff recommended approval subject to advising the developer they are proceeding at their own risk. Doug Bailey, engineer on the project, said he would answer any questions. A Mr. Buck, living on Cedar Pointe in Rock Creek, spoke regarding traffic flow being channeled into one outlet, he wanted to bring to attention of Commission this problem. Mr. Green said this has been under consideration for some time and there are two other outlets from Rock Creek that could be opened up when deemed necessary. Hal Brown of Rock Creek property owners association spoke saying that he feels decisions being made too quickly. He said that safety issues are paramount and begged that we open both accesses, presenting more choices for residents, he said if there are resulting problems that the board will take the heat. Mr. Green said that the Commission has forwarded recommendation to the City Council to open these accesses. But, the City has to indicate to the developers that they want these opened. He thanked Mr. Brown for his input. Trae Corte spoke saying their one concern is the way utilities are being provided to this property. He does not believe the city has the right to extend utilities underground to this property. Bill Jones asked him if he did not say that he would grant a utilities easement on that property when the hearing from Rock Creek came up at a hearing about a year ago, with Mr. Tanner also agreeing. Trae said yes, with conditions. Bill Jones said there were no conditions, he heard it, the paper reported it and it is in the minutes. Trae said that was incorrect, that what they said was that if it would help the city loop the water lines through Rock Creek to increase the pressure, that they would consider it, but, in Phase 5 they looped the water line. He also said, there has been talk that the city plans to extend utilities thru 30 ft. easement. Trae said he doesn't believe City can do this. That the only way to approve the plat is have adequate sewer and water to serve these lots and they do not. The waterline they propose is outside the 30' easement they have. Mr. Green responded, the city owns the utilities and they can do what they please. Trae said they would have to cross private property and do not have easement to do so. That they/city have no right to cross private property. Trae challenged us to ask them to present a survey, challenged us to show easement. That the city cannot extend utilities across private land, the city is being misled. If this happens he warned the city will be sued. Dick Charles moved to table pending getting legal opinion from attorney. Christopher said we have the legal opinion from the city attorney that the commission could consider this as long as developer warned to proceed at own risk. Mr. Charles motion was not seconded. Bill Jones moved to proceed under plan as presented with Christopher's recommendation and advice being given to developer to proceed at their own risk. Bob Gentle 2"d. Motion carried with Dick Charles and Pauline Anders voting against motion. SD00-32 Final plat approval Idlewild 5 (generally located south of Fairhope Avenue and west of Thompson Hall Road) Christopher commented this is a 9.78 acre tract of land being divided into 20 lots. That there is a damaged tree on the property that needs to be removed by the developer. Staff recommended approval with understanding that no permits will be issued until council accepts the public ry C Planning & Zoning Commission Page four - June 5, 2000 improvements and tree being removed. Discussion followed on the tree with the developer saying they are going to try and save the tree. Dick Charles moved to approve final plat without contingency of tree. Discussion followed again on the tree, whether or not a bond should be required for its removal if it dies. Tim moved to put an addendum on the motion, before two year period on bond of streets expires and city accepts streets for maintenance, if tree is dead at that time it will be removed by developer. Bill Jones 2"d and motion carried unanimously. SD00-33 Minor Plat Waggoner Acres, Phase 2(generally located east of Greeno Rd and north of Waggoner Rd) Christopher in his comments said this is a 2.6 acre tract of land located outside the city. He said a septic sewage system will be used. He questioned the engineer's certification and asked that it be revised. Discussion followed with the engineer and what requested and a motion was made by Bob Gentle to approve subject to providing the proper engineering certification(to meet city requirements) Pauline Anders 2"d motion and it carried unanimously. SR00-03 Site Plan Review -Waffle House(generally located east of Greeno and north of Spring Run. Christopher in his comments stated the issues being: lighting - they need to revise their plans to show shoebox fixtures that direct light down. Signs - signs should meet sign ordinance. Parking - they are providing 33 parking spaces. Screening - mechanical equipment will be screened and landscaping and drainage requirements have been provided. Staff recommendation was approval subject to revision of lighting, and meeting the sign and landscaping ordinance requirements. Dick Charles moved to accept subject to Christopher's recommendations, Bob Gentle 2"d and motion carried unanimously. SR00-04 Site Plan Review - Walgreens(generally located at the corner of Fairhope Avenue and Greeno Road) Christopher had commented that the property is zoned B2- General Business contains approximately 1.5 acres and the building is proposed 15,000 sq ft. The issues of streets, curb cuts, signage, landscape, lights and screening have been reviewed. He recommended signs and lighting be revised to meet requirements and approval be given. Hop Allen spoke saying he is against what proposed as far as exit on Fairhope Avenue. That there is a bottleneck there. Discussion followed on this but it was offered that much thought given before approval given to plan as is. Dick Charles moved to approve subject to Christopher's recommendations. Pauline Anders 2"d and motion carried unanimously. SR00-05 Site Plan Review - Multi -occupancy building 59 S. Church Street. Buddy Richmond was present representing Ms. Linda Walker. Christopher had said that in reviewing the issues - parking will be located behind the building, no significant exterior lighting is proposed, all signs will conform to the sign ordinance, landscaping will conform and all building codes will be met. Mr. Richmond offered that there will be commercial downstairs and two apartments upstairs. Pauline Anders moved to approve, Bob Gentle 2"d and motion carried unanimously. There being no further business, meeting was duly adjourned.