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HomeMy WebLinkAbout08-07-2000 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, August 7, 2000 at the City Administration Building, 161 N. Section Street at 5:OOPM Present: Larry Green, Chairman; members Bill Jones, James P. Nix, Pauline Anders, Lee Turner, Dick Charles. Christopher Baker, Director of Planning & Zoning , Betty Rivenbark, Secretary The minutes of the July 6, 2000 meeting were considered and were duly approved with one spelling correction on motion by Dick Charles, 2"d by Lee Turner and unanimously carried. ZC00-11 Public hearing rezoning of land of Shirley Bosby from R-1 Single Family Residential to B-2 General Business (located on the west side of Greeno Rd just north of Biscuit King) Mr. Baker read his comments and said that Mr. Niemeyer is representing Ms. Bosby and the B-2 request was made to give the highest and best use of this property located on Greeno Road. That this change would not guarantee that an office building will be constructed as all B2 uses permitted are possible. That the Comprehensive Land Use Plan indicates this property as single family and staff recommendation would be to deny this request as it is not in conformance with the comprehensive plan. Carlton Niemeyer spoke, handing out a map, saying that commercial is what is all around and what he had indicated on his map. He indicated the county's property also and said it is not zoned but for sale as commercial. Lee Turner asked him if approved would they put in deed restrictions that no curb cuts on Greeno Rd, access only off of Greeno Lane. Carlton said no problem. Bill Jones asked if Greeno Lane could handle this and it was thought since paved down to a certain point it could. A Curtis Tucker got up and spoke saying he is the second house after hers on Greeno Lane. That they do not want commercial property, he cited noises that keep him awake now. Dick Charles asked what about a 9-5 business and Tucker said no. A Marie Johnson spoke saying why couldn't Ms. Bosby build a house? She was told she could build a house now. She said that now this is a cut thru street and they worry about the children. Shirley Bosby spoke saying she wants a home, too much traffic and too much noise here. Nancy Bosby Jordan spoke saying she owns property next door does not wish change. After all comments, Dick Charles said in view of the extensive study going on with the comprehensive plan he agrees with Mr. Baker and moved to recommend denial to the city council. Pauline Anders 2"d and motion carried unanimously. ZCOO-15 Public hearing request of Benjamin Manifold to rezone from RA - Residential Agriculture to RI -Single Family Residential (located just south of Windmill Rd west of Cty Rd 27) Christopher said that Mr. Manifold is the leaseholder of 3.5 acres just south of Windmill Rd on the west side of Hwy 27 and it is currently zoned RA -Residential Agriculture. And because he wishes to build a residence for his children he needs to rezone as the lots will be less than the 3 acres required for RA. He said the request is in conformance with the comprehensive plan and he recommends approval. Bill Jones moved to recommend approval to the City Council, Dick Charles 2"d motion and it carried unanimously. Planning & Zoning Commission August 7, 2000 - Page two ZC00-14(cont) proposed re -codified and simplified Zoning Ordinance Christopher said that the current ordinance was adopted in 1992 and since that time there have been a number of amendments, changes and additions. That it has been reformatted, recodified, made easier for the community and developers to understand, that this had been put off for 30 days in order to give the commission time to study. A comment was made that the general public had not seen it. Pauline Anders said if we need to put off we can, that there are copies available at city hall for review. Further discussion led to a motion by Pauline Anders to recommend approval to city council of new ordinance. It was determined that it would be at least 4 weeks before it comes before the city council, which gives plenty of time for review to anyone who wishes to review it. Dick Charles 2"d motion and it carried unanimously. ZC00-16 Public hearing rezoning request of Hank Miner from R2 - Single Family Residential to B4 Business & Professional, 401 Fairwood Blvd. Mr. Baker commented that Mr. Miner's property is 9,000 sq ft and located at the northeastern comer of Fairwood and Section St. He is asking for this change to convert to office use. That it is not in conformance with the comprehensive plan and his recommendation is to deny. The floor was open for discussion and several neighbors spoke in opposition citing: one of areas where middle class and retired could afford to live, that this would increase traffic flow, it is secure now. Another saying that she cherishes everything that she has done to her home since 1976, like to remain as is and this would be spot zoning. Other comments were keep quiet neighborhood, don't need congestion and would devalue property. After all comments, Pauline Anders moved to recommend denial to the city council, Dick Charles 2"d motion and it carried unanimously. SDO040 Final Plat approval of Polo Ridge(located south of Twin Beach Rd, north of Marlow Rd on the west side of S. Section St.) Mr. Baker commented that this is a 7 acre development containing 68 lots and is located outside the city. That the preliminary plat was approved in 1998. He said that water and sewer will be provided by the city, drainage calculations have been provided and that he has advised them that he needs an engineer's certification on the mylar plat submitted prior to recording. His recommendation was to approve. Michael Tew of SJ & L contractors was present and when asked about the failing road at this subdivision said that as soon as the heavy equipment finished they plan to address this issue and it will be put back to pre - construction condition. Dick Charles asked if there was any intention to connect to other subdivision through city's easement and he said no. There being no further comments, Dick Charles said based on all provided he moved to grant approval, Lee Turner 2"d and motion carried with an abstain vote by Pauline Anders. SDO041 Minor Plat of Mr. and Mrs. Wilson Green's( land located at the northwest comer of Grant and Lawrence Road) Christopher said that this is a one acre parcel located outside of the city limits and is not zoned. He said this request is in conformance with the comprehensive plan, public water is available however they will Planning & Zoning Commission August 7, 2000 - Page three be using a septic system. He said a drainage study should be performed but they are requesting a waiver saying they will place a note on the plat that any and all drainage issues are the responsibility of the property owner. Further, the surveyor has indicated by letter that there are no drainage issues and that any development will not create an issue. He recommended approval subject to the county's acceptance of drainage statement. Bill Jones moved to approve with Christopher's recommendation. Dick Charles 2"d motion and it carried unanimously. SD00-42 Planned Development - Approval of Dyas Development/Trentino(located west of the four -lane and north of Parker Rd in the Montrose area) Mr. Baker had remarked that this is 69 lot development is 20 acres and is located outside the city. As issues associated with this request he had listed: 1. Comprehensive Plan - It is in conformance with the comprehensive plan 2. Petition: The City has received a petition against the opening of Wild Oaks. 3. Lot size: lots range in size from approximately 5,500 to 12,500 sq. ft. 4. Alleys: with the exception of lots 44-48 and 66-69 all lots have alley access. Proposed alley width is 12 feet. 5. Roads: the proposed development will connect to Parker Rd and Wild Oaks. He noted the City has received a letter against opening Wild Oaks 6. Greenspace: Greenspace is provided 7. Dump: There was a dump on this location at one time but a soil boring test indicated about a foot of garbage. It will be removed and properly disposed of during construction 8. Pond: A detention pond will be used and is proposed at the northwest corner of the development 9. Pearly Gaskin Rd: Information provided indicates that the county does not have a claim to the street. Staff recommended to approve as requested and said this would carry a 6 months time period in which a preliminary plat would have to be submitted or start over. Jeff Kennedy of EDS spoke going over with the Commission what planned. Larry Green commented that with R-2 and R-3 planned it looks like they are going to wind up with a project that looks like Kensington. He asked if they will be selling lots or building on them. Jeff said selling with heavy architectural requirements. Mr. Green mentioned that it looked high density for the amount of acreage. Dick Charles questioned dump. Jeff said a sod test was done, no environmental issues, the garbage has been removed, the vegetation is okey and they have undercut it. The floor was opened up for discussion and a gentleman asked who lots will be marketed to and what architectural requirements. Jeff said this will be an upper scale development with restrictive covenants, like TND, porches will be required and 11 ft. ceilings. There were also traffic concerns expressed. Brett Hubley asked how far apart houses would be answer was 5 - 10 ft. How large a house would be allowed and it was answered up to 7,000 sq ft. A Susan Lund spoke saying there are only 22 houses in Wild Oaks and what planned is very high density. Carrie Nickerson, Suzanne Nicks, Edwin DuBace, Brenda Lerner, Melanie Hubley, also spoke to traffic problems now and density planned, they thought they should plan something in keeping with what there, decent Planning & Zoning Commission August 7, 2000 - Page four houses and lots. After all comments, Dick Charles moved in view of comments and high density he moved to deny, Bill Jones 2"d and motion carried unanimously. SD00-43 Minor Plat, Calfee Subdivision- 2 lots(located at the southeast corner of Greeno Rd and Hwy 32)Christopher commented that this contains some 2 lots on an 8.5 acre parcel and is located outside the city. He said this is in conformance with the adopted comprehensive plan, no drainage calculations have been provided but there will be a note on the plat that at the time of building drainage information will have to be provided. He noted that since the permits will not be issued by the city the drainage information should be presented now since proposed detention may further impact the city's water well. He said that there is a public water well approximately 800 ft. east of the proposed Lot 1 and there is extreme concern by the planning department and the water and sewer department regarding the impact that development will have on the water well. It has been said that a gas station is planned for lot 1. Public water is available at this location however sewer is not readily available. They have received approval from the County Health Department for a septic system. All permits will be issued by the county. It was his recommendation to table this request because the application is not yet complete( submission of the plat to the county but, no response, and no drainage information). He said there is major concern as it is a dramatic hazard to our well. He said ADEM has approved this location. Possibly requiring double hold tanks. Dan McCrory of the Water and Sewer Department also spoke saying it was like rolling the dice. Could be another worry. He said he has called a geologist but not been called back yet. Bill Jones asked if there was a possibility of spill, Dan said yes, if a fracture occurs. Ray Moore was present representing the applicant and said that there is possibly a convenience store planned for this spot. Further discussion led to a motion by Bill Jones to table this for 30 days, Pauline Anders 2"d and motion passed unanimously. Dick Charles said he would like all questions to be addressed during that time. Bobby Green brought up in new business how his nursery, Green's Nursery, was started some years ago by his father and has always existed in this residential district where he was grandfathered in. He said around 1995-96 this was changed and he was questioning why/when, as no one was aware of it. He was told that this would have to be researched and Christopher could work with him. Pauline Anders asked about review of light industrial site plans. Christopher said he would work something up There being no further business, meeting was duly adjourned.