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HomeMy WebLinkAbout08-06-2001 Planning Commission MinutesSTATE OF ALABAMA COUNTY OF BALDWIN The Planning and Zoning Commission, City of Fairhope, met in regular session at 5:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on, Monday, 06 August 2001. Present were Chairman, Larry Green, Commissioners: Timothy M. Kant, Dan McCrory, Debbie W. Quinn, Bob Clark, Dick Charles, and Lee Turner; Director of Planning and Building Christopher Baker, and Acting Secretary Geniece W. Johnson. Commissioners Ed Brinson, and Jean Wilson were absent. There being a quorum present, Chairman Green called the meeting to order. Commissioner Quinn moved to approve minutes of the 02 July 2001, regular meeting. Seconded by Commissioner Turner, motion passed unanimously. Ray Moore with Hutchinson, Moore & Rauch Engineers gave an informational drainage report. Mr. Moore reported that several issues were being looked into such as: ■ Drainage at Founder's Park and Cowpen Creek ■ Resolution to water problems on Booth Road. ■ High School areas are being looked into. Mr. Moore stated that several issues would be discussed on August 14'h at the drainage meeting. ZCO1-09 - A public hearing was held as advertised to consider the request of Kevin Boone for a modification of the PUD for Southland Place, generally located South of the Fairhope High School and East of U.S. Highway 98. Mr. Baker explained that this case came before the Commission last month. However, due to a notification error it is necessary that it be acted on again. Mr. Boone is requesting a modification of the PUD for Southland Place. Both the Planning Commission and the City Council approved this development some months ago. At the time the PUD was considered the old ordinance was in effect. It required a blanket 40 feet setback around the boundary lines of the proposed development regardless of the types of uses. The new PUD does not have such blanket requirements. It requires that the developer indicate the desired setbacks based on environmental considerations and good planning principles. As Southland Place now sits there is a 40 feet rear setback requirement on the lots that are on the boundary of the development. Mr. Boone desires to alter this rear yard setback from 40 feet to 35 feet. Commissioner Lee Turner moved to grant Mr. Boone's request. Seconded by Commissioner Bob Clark, motion passed unanimously. Planning & Zoning Commission Meeting 06 August 2001 Page -2- ZC01-10 — A public hearing was held as advertised to consider the request of Dr. Barry Booth for a zoning change from RI -Single Family to B4-Business and Professional, generally located on the North side of Parker Road just East of Sibley Square. Mr. Baker asked on behalf of Dr. Booth to move this item down on the agenda until the arrival of Dr. Booth. SD01.31 — Amendment to the Subdivision Regulations to Clarify Condominium Requirements. Mr. Baker explained that the current subdivision regulations are not very clear on how we are to handle condominium developments. There is State Law regarding condo developments that indicates it is a valid form of development, that condos cannot be excluded as a development form, and that they can be subject to the same development review procedures as conventional subdivisions. Mr. Baker continued to state that since there is State Law that gives us the authority to treat condominium development like any other development and since our subdivision regulations leave a degree of doubt about our position, an amendment has been proposed. The amendment is nothing more than a definition that indicates that condominium development shall be reviewed in the same manner as other developments. Curtis Gordon and other downtown property owners expressed concerns about the new wording of this amendment. Chairman Green explained to Mr. Gordon that this amendment does not affect how a building is divided internally, nor does the amendment affect how the property is sold. The Commission is addressing the concerns of sewer, density and the impacts on the infrastructure. Commissioner Quinn also explained to Mr. Gordon that existing vacant building downtown would not be affected by this amendment. However, the development of a vacant lot will have to come before the Planning and Zoning Commission. Mr. Matt Porter addressed the Commission and stated that he has purchased property at 314 De La Mare and is ready to build. Mr. Baker stated that Mr. Porter would not be affected by this amendment. After further discussion, Commissioner Dick Charles moved to approve the amendment as presented. Seconded by Commissioner Quinn. Commissioner Timothy M. Kant asked Commissioner Dick Charles to amend his motion to include that this amendment does not apply to Downtown Business District. Commissioner Dick Charles moved to amend his motion. Seconded by Commissioner Timothy M. Kant, motion passed by the following votes: AYE -Timothy M. Kant, Dan McCrory, Bob Clark, Larry Green, Dick Charles, and Lee Turner. NAY -none. ABSTAIN -Quinn. Planning & Zoning Commission Meeting 06 August 2001 Page -3- SD01.22 - Request of John Avent of Preliminary Plat approval of Jackson Place, generally located at the Southwest corner of County Road 27 and Windmill Road. Mr. Baker explained that Mr. Avent is seeking preliminary plat approval of this 31 lot single-family development. Mr. Avent addressed the Commission requesting that this item be held over until the next regular meeting, due to problems associated with the Preliminary Plat. SD01.23 — Request of Bobby Clark for a Final Plat of Sandy Ford Phase I, generally located East of Rock Creek Subdivision. Mr. Baker explained that Mr. Clark is requesting a final plat of Sandy Ford Phase I. This phase contains 35 lots. The property is zoned as a Planned Unit Development. Mr. Baker further reported the following issues associated with this final plat: ■ Comprehensive Plan: The plat is in compliance with the Plan. ■ Drainage: We received drainage calculations during the preliminary plat. Drainage calculations for the final plat have not been received. This is important and must be complied with. ■ PUD Plan: The PUD was approved with a through street. Although the initial submission indicated a cul-de-sac, it has now been changed to reflect the approved site plan. ■ Public Improvements: The site is still under construction. A letter of credit has been received that indicates the improvements will be completed to City requirements. ■ Construction Plans: The plans for this phase have not been submitted. These must be submitted. These plans will indicate sidewalk locations, street widths, and the other public improvements needed. The engineer has provided a letter of commitment to get these plans to us, including any modifications needed. Mr. Baker reported that all other issues have been met or agreed to, and recommended approval subject to the letter of credit and the as-builts being provided. Commissioner Dick Charles moved to approve the Final Plat of Sandy Ford Phase I provided that the letter of credit and the as-builts were received. Seconded by Commissioner Bob Clark, motion passed unanimously. Planning & Zoning Commission Meeting 06 August 2001 Page -4- SDO1.26 — Request of Mark Vines for a Re -plat of Vines Subdivision, generally located at the Northeast corner of County Road 13 and Morphy Avenue. Mr. Baker explained that Mr. Vines is seeking to create two lots out of one parcel. The property is currently zoned R2. The lots proposed to be created by the development meet R2 requirements. Mr. Baker further reported the following issues associated with Re -plating Vines Subdivision: Comprehensive Plan: The development is meeting the spirit of the Comprehensive Plan. ■ Drainage: The developer has provided drainage calculations. The result is a constant 33 GPM increase if flow over a 24 hour storm event. This translates into an additional 47,500 gallons of storm water runoff. No storm drainage detention is proposed — the developer is requesting a waiver of this requirement. Mr. Baker reported that all other issues have been met or agreed to, and recommended denial until adequate engineering is performed on the drainage and detention. Mr. Bob Cain with Fairhope Title and Survey addressed the Commission and expressed that he did not know that there were any problems with this project. Mr. Baker stated that this is a very sensitive watershed, and that the pond needed to be shown on the plat. After further discussion, Commissioner Debbie W. Quinn moved to table this request until more engineering is performed on the drainage, and if this item came before the Commission next month the property owners will be re -notified. Seconded by Commissioner Timothy M. Kant, motion passed unanimously. SDO1-27 — Request of Ms. Griffing for a Minor Plat of Grilling Estates, generally located on the North side of Morphy just East of County Road 13. Mr. Baker explained that Ms. Griffing recently came before the Commission with a request to rezone her property from RA to R2. The Commission and the Council approved the request. The property is now zoned R2 with a minimum lot size of 10,500 sq. ft. Ms. Griffing is now asking for a re - plat to create three lots and retain one large lot. Mr. Baker further reported the following issues associated with Re -plating Ms. Griffing's property: Planning & Zoning Commission Meeting 06 August 2001 Page -6- Mr. Baker reported that all other issues have been met or agreed to, and recommended approval as requested. Commissioner Dick Charles moved to approve the request. Seconded by Commissioner Lee Turner, motion passed unanimously. SDO1-29 — Request of Joe Slaughter for a Re -plat of Oak Street Place generally located at the corner of Church Street and Oak Street, just across from the City Hall Parking Lot. Mr. Baker explained that Mr. Slaughter owns the property at the corner of Church and Oak. The property is currently zoned B2 and has no minimum lot size requirement. The Slaughter's property is currently 23,730 sq. ft. They wish to create two lots out of one thus having one lot of 14,130 sq. ft. where the existing home is and another lot of 9,600 sq. ft. Mr. Baker further reported the following issues associated with Re -plating Mr. Slaughter's property: Comprehensive Plan: This request is in conformance with the Comprehensive Plan in that it is increasing density within our village core. Drainage: There is a large drainage basin that runs behind this property and drains under Oak toward the sewer plant. In the past this drainage basin has not been able to contain the water directed toward it. In fact, it has washed out Oak Street. The engineer has performed calculations that indicate that a minor increase in water would result from home construction on the new lot. However, questions still linger as to the impact the additional water would have on the existing under sized pipes, its impact to Oak Street, how a storm event would impact the proposed lot (i.e. what is the base flood elevation) and how new water would impact adjacent property? Mr. Baker reported that all other issues have been met or agreed to, and recommended tabling this request until more precise drainage information can be obtained, so the Commission may make a better -informed decision. This location is drainage sensitive. Seth Moore, with Moore Surveying, represented Mr. Slaughter and addressed the Commissioners expressing that the house is basement, but the lot is not a basement. It was noted by the Commission that this property would have to be back filled to reduce the water, and that this property is un-buildable. After further discussion, Commissioner Bob Clark moved to deny the request, based on drainage issues. Seconded by Commissioner Dick Charles, motion passed unanimously. SDOI-30 - Request of Dr. Len Strickland for a Re -plat of Strickland Place, generally located on the North side of Parker Road, just East of Sibley Square. Planning & Zoning Commission Meeting 06 August 2001 Page -7- Mr. Baker explained that Dr. Strickland has proposed to move the property line to create an additional lot. The property is currently zoned RI but is set to be heard by the Council for a zoning change to B4 - Business and Professional Office on 13 August with a favorable recommendation from the Planning Commission. Mr. Baker further reported the following issues associated with Re -plating Mr. Strickland's Place: ■ Comprehensive Plan: The platting request is in compliance with the Comprehensive Plan. 2) Drainage: The engineer has performed drainage calculations indicating that storage of storm water is required. However, only 500 sq. ft. is dedicated to drives. This low square footage artificially reduces the runoff volumes. The calculations should be rerun with a more acceptable impervious square footage assumption. This would mean that more storm water storage would be required. Additionally, during the discussion for Trentino the Planning Commission wanted to ensure that no additional water would be dumped onto Parker Road. This development has not agreed to this requirement. Mr. Baker recommends approval subject to the Council approving the zoning change to B4; the drainage being recalculated with a more logical assumption on impervious square footages, the required detention be built, no additional water be dumped onto Parker Road; and the statement on the plat that the City is not responsible for maintenance of the drainage improvements. After discussion, Commissioner Timothy M. Kant moved to grant the request according to Mr. Baker's recommendations, and provided that no additional water will be dumped on Bishop Road. Seconded by Commissioner Quinn, motion passed unanimously. ZCO1-10 - The Commission returned to item # 5 on the agenda to hold a public hearing as advertised to consider the request of Dr. Barry Booth for a zoning change from RI -Single Family to B4-Business and professional, generally located on the North side of Parker Road just East of Sibley Square. Mr. Baker explained that Dr. Booth owns the property that abuts Sibley Square to the East. The property is inside the City, vacant, and zoned RI. This case came before the Commission last month and was tabled. Fly Creek Tennis Club is zoned R2A in the County — a single-family district. Mr. Baker also explained that Dr. Booth is seeking a zoning change from RI to B4 Business and Professional Office. The property is on the West side of the proposed access to the Trentino development and directly abuts Sibley Square to the East. Planning & Zoning Commission Meeting 06 August 2001 Page -8- Mr. Baker further explained approval of this request would mean that the entire frontage of Parker Road from Sibley Square to the 4 Lane would be zoned as B4. The access to Trentino makes a good demarcation line for commercial development. Approval of this request would mean B4 development in front of Trentino and adjacent to the existing Sibley Square. Mr. Baker recommended denial of the application because the Trentino access makes a logical "line" for commercial development and because it protects the integrity not only of Sibley Square but also for Trentino. Chairman Green opened the floor to hear comments from the citizens: Dr. Barry Booth addressed the Commission expressing that this property was purchased in 1970, and there were no streets designed on this property. At this time there are not specific plans for this property. Dr. Booth also stated that the former governing body promised him that if he would allow his property to be annexed into the City as R1, he could later have the zoning changed. Hattie Jesto, a resident of Sibley Square, addressed the Commission and expressed that business areas should not be mixed with residential area. Steve Dampier, a resident of Sibley Square, addressed the Commission and recommended the Commission deny the request until concrete plans are provided. Richard Lund, a resident of Sibley Square, also recommended denial of this request, because B4 would be incompatible to the zoning, and the business area should end at Trentino. Chairman Green questioned if there was any reason for the delay to rezone this property. Dr. Booth annexed this property in 1993. Commissioner Quinn expressed that we have used B4 as a buffer zoning, and that she did not see a problem with doing it again. After further discussion, Commissioner Dick Charles moved to deny the request, because there are no specific plans at this time. Seconded by Commissioner Bob Clark. The motion to deny the request did not pass. The votes are: Deny the zoning change — Bob Clark, Larry Green, Dick Charles. To allow the zoning change — Timothy M. Kant, Dan McCrory, Debbie W. Quinn, Lee Turner. Planning & Zoning Commission Meeting 06 August 2001 Page -9- Timothy M. Kant addressed the Commission requesting the following: ■ Look into getting an answer on the Trentino issue ■ With regards to the drainage problems, look into slowing down building of subdivisions. Perhaps place a moratorium on building permits. ■ Look into moving the submittal dead line back one more week for Planning and Zoning. After discussion, Commissioner Timothy M. Kant moved to move the submittal dead line back by 10 calendar days for Planning and Zoning. Seconded by Commissioner Lee Turner, motion passed unanimously. There being no further business to come before the City Council the meeting was duly adjourned at 7:14 p.m. rry Green, Chairman Geniece W. Johnson, Acting Secretary/ Planning & Zoning Commission Meeting 06 August 2001 Page -5- ■ Comprehensive Plan: The request is in conformance with the Comprehensive Plan. ■ Common Drives: The developer has proposed the use of 2 common drives for the 4 lots, thus reducing curb cuts onto Morphy. This makes good planning sense. These common drives are indicated on the plat as common drive easements. ■ Lot Design: The proposed lot 2 is essentially a corner lot. The Subdivision Regulations require that corner lots be wider in order to allow proper lot size — as the corner lot setback requirement is 20' not 10'. The developer is requesting a waiver of this requirement. ■ Drainage: The engineer has performed drainage calculations that indicate that storm water storage is required. However, the assumptions on impervious percentages are low. Increasing these assumptions will increase storage capacity. As there is a drainage issue in the Morphy area just to the west of 13, it would be prudent to ensure that more than adequate storage is provided. Additionally, the storage requirements indicated have not been placed on the lots. This may be important to determine lot lines and lot widths. This is not a development killing issue, but should be more adequately addressed. Mr. Baker recommended approval subject to revised calculations being performed, the location of the storage shown on an easement on the plat, and a note on the plat that the City is not responsible for the maintenance of the drainage easements. After a brief discussion, Commissioner Quinn moved to approve the request subject to Mr. Baker's recommendations. Seconded by Commissioner Lee Turner, motion passed unanimously. SDOI-28 — Request of John Bethea for a Re -plat of Church Street Business, generally located on the West side of Church Street between Fairhope Avenue and Magnolia Street. Mr. Baker explained that Mr. Bethea is requesting a re -plat to create two separate lots where the new retail and residential buildings were recently constructed on Church Street. The property is currently platted as one lot. Mr. Bethea now wishes to create two lots out of the one. The property is zoned B2 and is located in the Central Business District. Mr. Baker further reported the following issues associated with Re -plating Mr. Bethea's property: ■ Comprehensive Plan: This request is in conformance with the Comprehensive Plan. Drainage: The property currently exists in a built out condition. No new construction is proposed, as the building was recently constructed. A note will be placed on the plat that no drainage study has been performed.