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HomeMy WebLinkAbout02-05-2001 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, February 5, 2001 at S:OOPM at the City Administration Building, 161 N. Section Street. Present: Larry Green, Chairman; members Tim Kant, Debbie Quinn, Dan McCrory, Bob Clark, Dick Charles, Lee Turner, Ed Brinson. Christopher Baker, Director of Planning & Zoning, Betty Rivenbark, Secretary The minutes of the January 2, 2001 meeting were duly approved as written on motion by Ed Brinson, 2"d by Debbie Quinn and motion carried unanimously. A correction of the December 12, 2000 minutes was made to show that Bob Clark was present at the meeting. Dick Charles moved to make this correction. Debbie Quinn 2"d and motion carried unanimously. ZC00.19 A public hearing to consider the request of Craig Dyas for annexation contingent on the establishment of a Planned Unit Development(generally located on Parker Rd West of US 98) Trentino. Chairman Green called on Chris Baker who commented that this had come before us, gone to the council and the council sent it back to P & Z for further consideration and study. That this request is to annex contingent on establishing a PUD and the property contains some 20 acres. The issues being: 1. It is in conformance with the comprehensive plan 2. The plan has been revised to further reduce density now having 61 lots on 3.04 units per acre. Greenspace and common areas total 4.4 acres. The property is more dense on the eastern side of the development and progressively gets less dense to the existing residential development. Access is planned from the rear via Pearly Gaskin Drive and Parker Road. There is a proposed 20' ROW easement at Wild Oaks for bicycle and pedestrians. Alleys will serve all lots except lots 40-46 and 58-61. Setbacks proposed are front-1 5', rear 20' from rear property line or from alley; side 5' side street 15'. Drainage calculations have been provided. Screening - the developer has verbally agreed to provide an evergreen bush planted on 4' centers in the 5' buffer provided on the west side of the proposed alley that serves lots 1-8 and 47. This would help to mitigate any impacts created by alley use. Only single family use will be permitted in this PUD. A 40' building height is proposed with 65% maximum lot coverage. Five foot sidewalks are required during the construction of public improvements. Staff recommended sidewalks should be constructed on both sides of the street and a needs assessment should be made by the state at Parker Road and the 4 lane to determine the feasibility of a traffic light. Approval was recommended. Mr. Dyas was recognized and went over his PUD plan saying it is a traditional neighborhood development which follows the type of development Fairhope would like to encourage in its village concept. Same as presented in the past. He showed a map with the layout stating again the planned setbacks, 40 ft. ROW s planned, smallest lots 50 X 110. The common area 4.4 acres w/2.8 acres as greenspace. He mentioned 20 ft. ROW dedication. He said density seems to be concern, that density means traffic. That he has done traffic analysis and that it seems that it is borderline. If Trentino Planning & Zoning Commission February 5, 2001 - Page two developed that it would force the state to install a traffic light. He mentioned wetlands issue and said it will not affect wetlands. That flooding was not an issue as when developed he is not allowed to put any more water than what there now. That Fly Creek is important to him and he would not put anymore runoff into it. He said 0% of development in Fly Creek watershed and small corner is in Rock Creek. That property values will not change as he is planning upscale development with only 3.04 units per acre for young adults or retirees. That what said in ad about domino effect of zoning is not true that he is not aware of a lot of land left in this area to develop. After his presentation the floor was opened up to the public hearing with the Chairman asking that no one speak longer than 3 minutes - Jim Hunter, Steve Dampier, John Jessup Frank Galloney, Richard Lund, Jack Burrell, Lisa Adams, Tom McKinstry, Melanie Hubley, Joseph Mingin all spoke and are against project citing issues from incorrect record of vote at December 12 meeting; property already zoned in Baldwin County; already voted on wrong to do it again; misuse of PUD zoning; the drainage and sewage problems that are already there resulting from previous rains; the erosion it will cause and what development would do to Fly Creek and Rock Creek; that this development would bring about destruction of Montrose as it is known; not being fair to residents of Montrose. Also entered into the record were the following documents: a letter from Mr. Dampier objecting to 3 minute time limit imposed, objection to recorded vote at 12/12/00 meeting, objection to hearing this project again in such a short time. A letter from John W. Jessup citing this is not a proper employment of the PUD process; a petition stating 12/12/00 vote was not correct signed by 12 persons; letter from the League of Women Voters in Baldwin County objecting to proposed Trentino because of too much density, signed by Phyllis Springen; petition citing 12/1200 vote was incorrect signed by 22 people; petition by 36 residents of Flying Creek Property Owners Association objecting because they feel it should be developed under R2a County Zoning already existing, will create more PUD's of this nature, will undermine property values, increase traffic on Parker Road creating a safety hazard and creating more dangerous situation. Report prepared by Baldwin County Soil and Water Conservation District on local conservationtwatershed assessment, pictures of present wooded area where PUD is planned. Mrs. Dyas spoke on her husband's behalf saying no one loves Baldwin County any more than her husband and that he loves his church and family and whatever he would plan and build would be done right and in good taste, never do anything to the detriment of Baldwin County. That she sees three concerns voiced, traffic, property values and whether fit in Montrose prized historical development... that decision should be made on what best for entire city. Charles Belcher also spoke saying he annexed into Fairhope, that petition from Wild Oaks is a misrepresentation. That he feels development would be better under auspices of Fairhope not county. After everyone spoke the commissioners were asked if they had questions - Dick Charles asked if he could lower the density and make work. Mr. Dyas responded it would be expensive piece of property to develop, have to have density to offset cost. Debbie Quinn asked if he owned property. Mr. Dyas responded he has it under Planning & Zoning Commission February 5, 2001 - Page three contract. Tim Kant questioned the height requirements with Sibley Square behind development. Said should not be any higher than Sibley Square houses. He said he had walked the property and used to be a landfill, he asked Mr. Dyas if he will have to excavate. Mr. Dyas said yes. Mr. Dyas was also questioned about 20 ft. right of way. Mr. Kant said he would not want it ever opened up as roadway, pedestrian/bicycle access only. Also, he would want alleys on lots 1-8 eliminated. He said he did not vote on December 12 and cited pending litigation as reason. Lee Turner asked about planned water runoff - John Avent of EDS explained plans citing 100 year flood plan saying they developed by FEMA guidelines. He showed on map where all water will be taken by catch basins to holding ponds. After all questions answered the chairman called for a motion and Debbie Quinn moved to turn down citing same reasons she gave in December. Motion died for lack of a second. Ed Brinson moved to recommend approval to City Council, Dan McCrory 2"d the motion was approved with conditions added: height no higher than houses in Sibley Square; no alley behind lots 1-8; Parker Road only entrance into subdivision, nothing thru Wild Oaks or to the north; and retain the water in a detention pond at the foot of Parker Road. For the motion: Dan McCrory, Bob Clark, Larry Green, Lee Turner, Ed Brinson, Against the motion: Debbie Quinn Abstain, Tim Kant, Dick Charles Under old business, Lee Turner and Dick Charles gave a report on Impact Fees(copy in file) Lee said that after consultation with a noted law firm it was determined there was no legislation on the books saying can or can't have, but feels if we charge impact fee, we will be challenged in court. It is felt at this time not worth the legal challenge. IR Sidewalks - Christopher had prepared a report on sidewalks. Mr. Green asked that we advertise for public hearing at the March 2001 meeting. Debbie Quinn asked that a committee be formed to study how where property already zoned outside of Fairhope city limits, how to handle change into Fairhope zoning when annexed. Debbie Quinn, Dick Charles, Dan McCrory were appointed to serve and give a report within 30 days. There being no further business, meeting was duly adjourned.