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HomeMy WebLinkAbout11-06-2000 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, November 6, 2000 at 5:00 PM at the City Administration Building, 161 N. Section Street Present: Larry Green, Chairman; members Tim Kant, Dan McCrory, Debbie Quinn, Dick Charles, Bob Clark. Christopher Baker, Director of Planning & Zoning and Betty Rivenbark, secretary An election of officers for the coming year was held. Larry Green was nominated for chairman, there were no other nominations, and he was elected by unanimous vote. Dick Charles was nominated as Vice -Chairman, there were no other nominations and he was elected by unanimous vote. The minutes of the October 3, 2000 meeting were duly considered and approved as written on motion by Dan McCrory, 2"d by Tim Kant and unanimously carried. ZC00-17 Public hearing request of Maclin Smith from R-2 Single Family Residential to B-1 General Business for property located across from Fairhope Middle School on N. Section Street. Mr. Baker gave his comments saying that this property is bordered by gully on the south and west and directly adjacent to the sewer plant. That the rezoning would allow this to be developed in a commercial manner but they would have to be sensitive to the gully. That detailed engineering plans would be required to ensure that the gully is preserved in its current state and cited this as important issue. He said further that there is an 18" and 24" sewer lines that slice through one corner of the property and that Mr. Smith is aware of the limitations that this may put on his building expansion. He recommended approval as requested. The public hearing was opened and several issues discussed mainly relating to gully and sewer plant. The gully easements were asked about and Christopher said they would be discussed when he comes back with plans, that 20 foot buffer is requirement. Mr. Smith spoke saying he just purchased the property but wants natural aesthetics, aware of buffer, he said he needs more warehouse space and parking. Further discussion led to a motion by Dick Charles to recommend approval to the city council of rezone request, Debbie Quinn 2"d motion and it carried unanimously. SD00-48 Final Plat Approval of Mills ocCed dire9tlywest of thehase I r'La�ry Newtonthis School. land of Tucker Dorsey and property In his comments Christopher said the water and sewer department did an on site inspection and the needed corrections have taken place. That the county will provide addresses to the subdivision . He mentioned the pedestrian connection that was requested on the preliminary plat that would connect the subdivision with the school. He said the easement has been provided by but not been constructed. He recommended approval subject to construction of the 8 ft. sidewalk. Discussion followed and John Avent said he did not remember request for sidewalk although easement is shown. Further discussion led to motion to approve made by Tim Kant subject to 8' sidewalk being installed on property. Dick Charles 2"d motion and it carried unanimously. Planning & Zoning Commission - Page two November 6, 2000 SD00-49 Planned Development - Trentino land of Craig Dyas located north of Parker Rd and west of existing subdivisions Sibley Square and Wild Oaks. That when this came before us as a site plan one of the big issues was density, that he has gone back and is now before us with a redrawn plan. Christopher said that there are two steps required tonight: consideration of Planned Development and site plan. In his comments listed as concerns were: 1. That this planned development is in conformance with the comprehensive plan. 2. That there are several large oak trees located throughout the property that the developer has indicated that the trees will be retained. 3. That the developer is proposing private alleys with a 5 ft buffer between the alley and the property lines of adjoining developments. 4. That the developer has essentially created a density gradient through the development based on the input from the commission. More than the 10% required greenspace has been provided. Access will be provided from Wild Oaks and Parker Road. Utilities will be provided by Fairhope except for water provided by Daphne. Drainage will be taken to Rock Creek. He said that he has a concern regarding the traffic safety at Parker Rd and the 4 lane, as does the neighbors and the commission. He said a light should be installed at this location. That the density has been reduced from 69 lots to 63 as originally presented. He recommended approval subject to the connection, not just dedication of ROW, at Wild Oaks and request for traffic light being sent by developer. Craig Dyas spoke saying this is a state of the art development, a Traditional Neighborhood Development, that he has addressed most of the issues, reduced the lots, he said that the ingress/egress through Wild Oaks is a city issue. He said that the development will be heavily restricted by covenants. He was asked how long they would maintain the pond, that it would need to be in good shape before turned over to the city. He said he would keep maintained. Tim Kant said that he does not see need to open Wild Oaks now, when the residents are ready then do it. Larry Green said that we might get into the same problem we have with Rock Creek now. Further discussion led to a motion by Dick Charles moving to approve, saying he has met all of the commission's previous concerns, also subject to connection, not just dedication of ROW at Wild Oaks. Debbie Quinn 2"d motion and it carried unanimously. SD00-50 Preliminary Plat of Trentino - Land of Craig Dyas located outside of the city containing 63 lots on 20 acres. Christopher said issues are essentially as what presented before and staff recommended approval. A Richard Lyon and Tom Trione spoke one saying he is a resident of Sibley Square and he objects. That none of the problems brought up 3 months ago have changed. Mr. Trione said he lives on Wild Oaks and does not believe the road should be opened. That he does not believe it can handle the traffic, that drainage is a problem now. Tim Kant moved to approve subject to Wild Oaks being opened, said he would like to see a traffic study before it goes to council. John Avent said that a traffic study was done on Parker Road and that state said nothing warranted the installation of a traffic light. It was mentioned that maybe 63 new lots would change their opinion. Tim said he would delete access to Wild Oaks being opened but full right of way dedication would have to be made and 8 ft pedestrian right of way dedication included. Debbie Quinn 2"d motion and it carried unanimously. Planning & Zoning Commission - Page three November 6, 2000 SD00-51 Minor Subdivision Approval request of Fred and Kelly Knox - Maple Ridge Mr. Baker said this is 4 lots located outside the city located west of Danne Rd and south of Cty Rd 32. That they will be using City water with septic tanks, no greenspace is required and he recommended approval. Debbie Quinn moved to approve as requested. Bob Clark 2"d and motion carried unanimously. SD00-52 Final Approval of Highland Bridges This is land of Peter Herndon located south of Cty Rd 32 and east of Hwy 13. Christopher had commented this is Phase 1 and a performance bond has been provided that guarantees construction of the needed improvements. He said this is not in conformity with the Comprehensive Plan and no improvements have been constructed. He recommended approval subject to a temporary turnaround being constructed at the end of Phase 1. Joe Bullock of EDS spoke saying he had an update. That a detention pond has been added and the turnaround has been added. Dick Charles moved to approve as recommended, Tim Kant 2"d and motion carried unanimously. SD00-53 Preliminary Plat of Greyhawk - Land of Gordon Benik - 33 lot subdivision located south of 104 and east of Cty Rd 27. Christopher read his comments wherein he stated it is located outside the city but within our Extra Territorial Jurisdiction. And has come before us as an informal plat review and at that time the Planning Commission gave negative recommendations to the developer Larry Chason. He cited issues with this platting as: Comprehensive Plan - the subdivision regulations in Section 701 require that subdivisions adhere to the comprehensive plan. The development proposal is not in compliance with the plan. 2. Private Sewer: That the developer is proposing to utilize Baldwin County Sewer Service a private company. That State Code of Alabama requires that the Planning Commission approve utility installations in our jurisdiction. The Planning Commission has indicated that it would not approve a private sewer company in our jurisdiction. 3. Deceleration Lane: The developer originally opposed providing a decel lane, however, it is now shown in the plans. 4. Pedestrian Connection: Pedestrian connections are being indicated to the adjoining church property. 5. Drainage: signed and sealed calculations have been provided. The required engineer's certificate has been provided. 6. Greenspace: The developer is providing the required greenspace. 7. Sidewalks: Sidewalks will be constructed in conjunction with the public improvements. 8. Traffic Calming: Traffic calming will be constructed. 9. Buffer Strip: The subdivision regulations required a buffer strip when property is adjacent to noncompatible uses such as Hwy 104. A common area is being provided. This does not meet the letter of the requirement but the spirit of the regulation is being met. The common area provided will provide the same net effect as a buffer strip. His recommendation was to deny SD00.53 because 1. The subdivision is not in compliance with the comprehensive plan 2. Allowing the penetration of private sewer company lines into our ETJ effective negates the planning responsibility and the duties of the Planning Commission as granted and required under Section 11.52 of the Code of Alabama 1975 as amended. Allowing a private Planning & Zoning Commission - Page four November 6, 2000 sewer company to begin serving developments in our ETJ means that the Planning Commission is waiving its power and duty to plan for the orderly development of our City and environs. Realizing our current growth rate and development potentials, waiving our right for orderly growth would constitute a disservice to our citizens while not fulfilling the statuary requirements and duties of the Planning Commission. John Avent of EDS said he would be glad to answer any technical issues. Dick Charles moved to deny this request in view of all that has passed previously and Mr. Baker's comments. Tim Kant 2"d motion and it carried unanimously. Dan Blackburn spoke on behalf of Larry Chason and said this position is indefensible, we should let the property development have a choice and let the private companies compete on an equal basis to best serve the needs of the community. Tim Kant, citing he was reiterating what staff said, that city sewer is only'/ mile away and Fairhope is one of few places in Alabama that have choice of utilities, it is important for us to control growth, moved to turn down, Debbie Quinn 2"d the motion and it carried unanimously. Lee Turner was not present to give report on Impact Fee Review. Mr. Green a�Md Bob Clark and Lee Turner to serve as committee to review county subdivision regulations vs. city subdivision regulations. There being no further business, meeting was duly adjourned.