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HomeMy WebLinkAbout07-06-2000 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Thursday, July 6, 2000 at S:OOPM at the City Administration Building, 161 N. Section Street in the Council Chambers. Present: Larry Green, Chairman; members Pauline Anders, Dick Charles, Bob Gentle, Lee Turner, Thad Ingram, Bill Jones. Christopher Baker, Director of Planning & Zoning Betty Rivenbark, Secretary The minutes of the June 2000 meeting were approved with one correction noted on motion by Dick Charles, 2"d by Bill Jones and unanimously carried. ZC00-13 Public hearing rezone from R2-Single Family to B-4 Business & Professional property of Nancy Corte, 59 S. School St. The Chairman asked Mr. Baker for his comments and he said that Ms. Corte, who is a CPA, holds the lease for this property but wishes to convert the existing house to an office for her use. He said further that the comprehensive plan indicates this to be single family and his recommendation was to deny. Mr. Green asked if the applicant was here and Mrs. Corte spoke saying this is a house left to her by her father and that she has no intention of selling it, it is just a one bedroom, one bath home located in the middle of the block. She said she has plans for improvement of the property but just wishes to use it for her CPA business. Mr. Green opened the hearing for comments saying he had one letter from a Ms. LeVert opposing rezone(in file) and several people spoke against the zoning change: Pat Smith, a resident of Brown St. concerned that if we let one in what happen in future? She sympathized with her but does not feel this is right. Edna Keller adjacent property owner said she has been a lessee since 1924. She objected, citing Faulkner parking problem, saying that she could see this being torn down in future and putting up office building, that we need to keep uniqueness of Fairhope, could be domino effect. Susie Edwards, opposes spot zoning - that this residential area adds to village center, helps keep it safe for residents to roam freely, walk in the downtown district and feel safe. Mr. Green called for any more comments from the audience or commission. Dick Charles in view of aspect of spot zoning, moved to recommend denial to the city council, Lee Turner 2"d the motion saying we need to keep area residential, hoped she understood. Motion passed unanimously. ZC00-14 Public hearing to consider adoption of the simplified and recodified Zoning Ordinance Christopher commented that this is an attempt to recodify and simplify the language so it could be easily understood and interpreted. He said that he did not expect adoption on it tonight but was hoping for comments, he suggested that we might wish to table it and take time to digest it. Dick Charles moved to table for 30 days to allow time to go through it. Bill Jones 2"d and motion carried unanimously. SD00-30 Preliminary Plat of Fairfield Phase 5 - 42 lots on 20 acres. Christopher said that the property is in the city limits and currently zoned R-1 but a zoning change from R1 to R3 was approved by the Planning Commission and will go before the City Council on July 10'. He cited the issues as: not conforming to comprehensive plan as Planning & Zoning Commission July 6, 2000 - Page two it should remain agricultural but the Planning Commission has previously approved residential development at this location. 2. Zoning - If approved change to R-3, then the plat will be in conformance. If the zoning is denied the plat will not be in conformance with the R1 requirements. 3. Geeenspace - that the developer is providing 23,000 sq. ft. of greenspace with this phase but is still short of meeting the requirement. That the developer is requesting a waiver of meeting the entire greenspace requirements by asking that the lake and the area around it be counted as greenspace. 4. Streets - that where cul-de-sacs are proposed he is recommending extending them to the property line so future connections may be made with adjoining property and so residents would not feel they are losing a side yard or greenspace. His recommendation was approval subject to providing additional greenspace and extending the streets to the property line and subject to rezoning being approved by the city council. Ack Moore was present representing the developer, Paul Monroe. He handed out maps showing the lake area and greenspace area proposed. He talked about the area joining all phases and what Mr. Monroe is proposing to do with walkways, bridge and fitness trail. It was questioned how he plans to keep water in lake. Ack said he eventually plans to seal it. Larry Green told Ack that access around the lake does not meet the requirements, a drainage easement cannot be used. It does not meet the spirit or intent of the greenspace ordinance. Further discussion led to Ack being told to leave cul de sacs but pave to property line. Lary also pointed out that the original plat came in 1996 before the greenspace ordinance was adopted but that it did not contain this phase. Dick Charles moved to approve preliminary plat with staffs recommendations which were: subject to providing additional greenspace, extending the streets to the property line and subject to the rezoning being approved by the city council. Bill Jones added that some kind of traffic calming should be provided on Lakeview. Thad Ingram 2"d motion and it carried unanimously. SD00-35 Final Plat of Stillwood Phase 3 - 8 lots Mr. Baker in his comments said this is a 5.85 acre parcel located outside the city and located south of Battles Road. That they have provided the engineer's certifications and will have public water and sewer and they will provide a maintenance bond when required. That streets will be private. He recommended approval subject to receiving a mylar copy of the recorded plat in digital form. A question arose about the existing easement there and was it their ultimate intent to join Polo Ridge. Christopher explained that this was a city easement used to get to utilities and will not be used otherwise and they will not join Polo Ridge. Bill Jones moved to approve subject to Chris' conditions. Bob Gentle 2"d and motion carried unanimously. SD00-36 Replat of Northeast corner of Pecan and Satsuma St. property of Robert Janasek Mr. Baker said that the property is zoned R2 and the home is on 2 lots that front Pecan Street. That their request is to move the lot line to split the property where it will be perpendicular to Satsuma. He said the request is in conformance with the comprehensive plan, that a drainage study is required according to the subdivision regulations but the engineer is requesting a waiver because an additional lot will not be created and there will be no increase in the post development runoff coefficient. He Planning & Zoning Commission Page three - July 6, 2000 said both lots as proposed meet the R2 requirements. It was his recommendation to approve as requested. Larry Green read a letter from Captain and Mrs. Butler who objected to what proposed(letter in file). The question of the alleyway was discussed and Chris said it is vacated. Martin Lanaux spoke for the Janasek's saying that Mr. Janasek has been transferred and that one day he would like to come back and build a retirement home but that he is going to have to sell this home in order to get a home where he is being transferred. Pauline Anders said that part of the objection was what might go in there. She was assured that a big mansion is not planned, that he would like to retain to build retirement home and it would be tastefully done and fit in the neighborhood. After all questions answered and assurance from Christopher that this two lot request meets all our requirements in the R2 district, Pauline Anders moved to grant subdivision request. Bill Jones 2"d and motion carried with Bob Gentle voting against. SD00-37 Minor Plat Approval - request of Mike Wesley located on Windmill Rd east of Highway 27 Christopher advised that Mr. Wesley has the lease on the 15,000 sq ft parcel and that all utilities are in place. That this was rezoned in June to R2 and will be acted on by the City Council July 10. That it is in conformance with the comprehensive plan. His recommendation was to approve subject to the council approving the zoning change. Dick Charles moved to approve as requested subject to council's approval. Bill Jones 2"d and motion carried unanimously. SD00-38 Minor Plat of Gatti Estates - 4 lots located on Nelson Rd east of Scenic 98 Christopher in his comments said this is a 3.43 acre tract and it is zoned R-1. He said the issues associated with this are: that it is in conformance with the comprehensive plan; that they will be using public water but septic tanks and certification of percolation will be required before building permits issued; greenspace is not required; that the developer is requesting a waiver on sidewalk request saying that the sidewalk will be built as each house built. That the drainage calculations did not appear to meet subdivision requirements, but they have been revised to meet the requirements and that they plan detention on each lot. His recommendation was to approve subject to the sidewalks being constructed with the public improvements. Bill Jones said that this is the same area that we have put 3 subdivision requests on hold because of drainage problems. That it has and always will be a drainage problem until some improvements are made. That it has been recommended that the county and state get together and tell us what they will do to alleviate this problem. Seth Moore said that they plan to put in the restrictive covenants that each property owner will be responsible for the drainage on their lots. It was argued that there will still be runoff and Seth said retention not anymore than what have now. Bill Jones said that they will only move the water across the road at an increased intensity. Charles Semlin, Ken Simmons, Victor Shriver, all residents of the area spoke against plan citing problems now. Bob Gentle asked if we have been provided with any additional information about this area. Christopher said no, if there is a concern we could table for 30 days for further info. Bill Jones said there is cumulative runoff, both sides of the street. Bill further made a motion this be tabled for 90 days, that no further subdivisions be approved in this area Planning & Zoning Commission Page four - July 6, 2000 and seek additional engineering for this area. He asked Christopher to write a letter to the county and state asking for a study of drainage for the entire area. Dick Charles 2nd motion and it carried unanimously. SD00-39 Preliminary Plat of Colony Place Phase 2 located south of Twin Beech Road and east of the high school Christopher said that this is south of phase 1, land of the FSTC and is zoned R1 Single Family containing 19 acres and 35 lots. It is adjacent to Founders Park. He said although the comprehensive plan indicates this to remain agricultural Colony Place phase 1 was approved. That drainage information has been provided by the engineer and stormwater will flow to the detention pond constructed in phase 1. He said he is working with the FSTC to find a suitable solution to the long street runs in Colony Place. He recommended approval. Bill Jones moved to accept. Bob Gentle 2nd and motion carried unanimously. SR00-03 Site Plan Approval - Waffle House, located on the east side of Greeno Rd just north of Spring Run. Christopher in his comments said that this had gotten approval in June but Waffle House opted to alter the site plan. They are now proposing detention instead of underground storage. He is recommending approval. The question of lighting came up and Christopher said that they were told shoebox lighting was required. Bill Jones moved that the changes be approved as presented subject to shoebox lighting installation. Pauline Anders 2nd and motion carried unanimously. SR00-06 Site Plan Review - Professional Health Care, Denise Lores, located on Morphy east of Winn Dixie. Christopher said that in his review the landscaping, curb cuts, screening and signage all meet the requirements. He said further that he is working with the applicant to ensure that appropriate lighting is used. He recommended approval. Bill Jones moved to approve subject to compliance with the light ordinance. Pauline Anders 2nd and motion carried unanimously. As new business Lee Turner suggested setting up a sub -committee to study impact fees, the pros/cons and the legal ramifications. Chairman Green appointed Mr. Turner as Chairman, Dick Charles as Vice -Chairman and Thad Ingram as other member and asked them to report in 90 days. There being no further business, meeting was duly adjourned.