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HomeMy WebLinkAbout02-04-2002 Planning Commission MinutesThe 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. 04 February 2002. Present were Chairman, Larry Green, Commissioners: Timothy M. Kant, Dan McCrory, Pauline Anders, Bob Clark, Dick Charles, Lee Turner, Ed Brinson, and Jean Wilson; Director of Planning and Building Christopher Baker, and Acting Secretary Geniece W. Johnson. Secretary Betty Rivenbark was absent. There being a quorum present, Chairman Green called the meeting to order. Commissioner Dick moved to approve minutes of the 02 January 2002, regular meeting. Seconded by Commissioner McCrory, motion passed unanimously. ZC-02-01 - A public hearing was held as advertised to consider the request of Mr. Craig Dyas representing Greeno Road. Property owners for a zoning change from R4-Multi- Family, R3-Single Family, and R1-Single Family to a Planned Unit Development for Business and Professional uses. This property is generally located on the East side of Greeno Road North of Edwards Avenue and South of Gayfer Avenue. Mr. Baker explained that the property is approximately 1250 feet long and 250 feet deep. The parcel contains approximately 7 acres. The property is surrounded by the following residential zonings. To the North is a PUD for Arbor Gates Apartments, to the South is a PUD for Homestead, to the East is R3 at Rosa Acres, and to the West is R1 Single Family. Mr. Dyas is proposing to change the zoning from the residential use to a PUD to allow for Business and Professional Offices. He is proposing 7 office buildings that contain a combined total of 46,600 sq. ft. of office space. The proposed buildings range in size from 3500 to 8000 sq. ft. The development proposal is as follows: Setbacks: Front 35 Rear 40 Interior 10 (Driveway side 15) Street side 20 Access: Via an alley running North and South from Gayfer to Edwards. There is one right in right out in the center of the property. Buffer: 20' in the rear with a fence and landscaping approved by the City Horticultural ist. Planning & Zoning Commission Meeting 04 February 2002 Page -2- Uses: They are proposing B4 uses as provided for in the Zoning Ordinance. This is office type use. Building Height: 35' as defined by the Zoning Ordinance. Landscape and Sign: The developer has committed to meeting our landscaping and sign requirements. Refuse: The developer has not indicated the placement of these locations. However, the developer has committed to ensuring that the placement of these locations, are not going to be a nuisance with adjacent properties (i.e. screening and landscaping) Comprehensive Plan: This request is not in conformance with the Plan. The Plan does not support the stripping out of Greeno Rd. STAFF RECOMMENDATION This is a difficult case. There are people who own the property that have been impacted by the construction of Greeno. However, we have to look at the implications to the development of the City. In divorcing myself from the emotion of the case I am recommending denial. The Comprehensive Plan does not support development of this property in a B4 fashion. The Plan does not support the stripping out of Greeno Rd. A goal of planning is not to encourage land use conflicts for conventional development. Additionally, we have much vacant or underutilized commercial space — the City recently approved either 40K or 60K of office space at Village North. Mr. Dyas addressed the Commissioners and expressed that the access running North and South from Gayfer to Edwards is not an alley, but is a park environment. Mr. Dyas feels that this proposal fit the Comprehensive Plan. Chairperson Green called the Public Hearing open and the following persons addressed the Commissioners: Ed Snyder - A resident of Jeff Davis Street expressed that he did not like the proposed office having rear parking. The parking should be in front of the offices; this would protect the residents behind the proposed PUD. Don Hughes — 9630 Hucknall Drive, lives two miles from the proposed PUD. Mr. Hughes is in favor of rezoning these properties. Vince Valentim — Property owner on Greeno Road, and is in favor of the rezoning. Planning & Zoning Commission Meeting 04 February 2002 Page -3- Peggy McKenna — 903 Diehl Avenue expressed three concerns: Traffic on Edwards Avenue, Rear Parking, and did not want the mature trees removed from the site. Ms. McKenna also expressed that she did not have any problems with the development, and would rather have Mr. Dyas' development instead of fast food restaurants or a gas station. Fay Burn spoke on behalf of her mother residing at Silver Zion — expressed that she was impressed with the project, and that Mr. Dyas is trying to work with the city. Ms. Burn expressed concern with traffic and asked the Commissioner to consider another light at Gayfer. Charlie Windom — 209 Jeff Davis Street expressed that he was against this proposal due to the value dropping on the surrounding properties. Mr. Windom also expressed that the neighbors did not want their back yards lit, and parking in the rear would cause traffic problems. The parking should be moved to the front of the property. Clay Havard - expressed that this would be good for Fairhope, and the landscape on the back should be kept and maintained. The proposed offices would not be opened 24/7. These businesses would only be open 5 days a week. Bill Levitt — Owner of property in Rosa Acres expressed this would be great for Fairhope. Fairhope is growing in this direction. Chairperson Green called the Public Hearing closed. After the Commissioners discussion and questions, Commissioner Anders stated that this does fit the Comprehensive Plan, and moved to approve the proposed project. Seconded by Commissioner Brinson. Chairperson Green expressed that a PUD has already been approved at Highway 104 and U.S. 98 and no development has taken place on this property. Now we are approving another PUD. "I am not sure that the timing is right," said Mr. Green. Commissioner Wilson expressed that this property will not continue to look like this, and that nice up scale professional businesses would be better for Fairhope. Commissioner Turner stated that the City has some control at this time with seven houses wanting to be rezoned, instead of having one house at a time rezoned. Commissioner Turner also asked if Commissioner Anders would amend her motion to require an 8 ft fence to be built instead of a 6 ft fence, and that low level lighting be used, and the lighting should be checked before the Certificate of Occupancy is issued. Planning & Zoning Commission Meeting 04 February 2002 Page 4- Commissioner Kant stated that if the Site Plans will not come back for approval than the ordinance need to have an assurance list of items allowed. Therefore the Commissioners would know what they are voting on. Commissioner Charles challenged Mr. Dyas on the possible, potential need for a residential component to his PUD proposal. In that a prospective tenant could materialize who desired a mixed use structure as one or more of the seven proposed buildings. After further discussion, Commissioner Anders moved to amend her motion to require the following in addition to the other development proposals: 1. Parking - Maintain parking as proposed. 2. Signage — one 20 ft. ground level sign on each building as permitted by the sign Ordinance. 3. Building Height — Shall be 35 ft 4. Fencing — Require 8 ft fence instead of 6 ft 5. Lighting - Low lighting must not spill over in the neighborhood 6. Sight Plan Approval — Require a sight plan approval on each building by P & Z and City Council 7. Allow for a residential component upstairs. Seconded by Commissioner Brinson. The request passed by the following votes: AYE - Kant, McCrory, Anders, Charles, Turner, and Brinson, and Wilson. NAY -Clark, and Green. SD 01.43 — Request from Mr. Klumpp for a re -plat of Orchard Park, generally located East of County Road 27, North of Fairhope Avenue. Mr. Baker explained that Mr. Klumpp is seeking a re -plat of Orchard Park Subdivision. This property is located outside of the City North of Fairhope Ave. and East of County Road 27. The re -plat contains 57.91 acres. The issues associated with this preliminary plat are as follows: 1. Comprehensive Plan: This request is in conformance with the Comprehensive Plan. These are large lots that because of access and infrastructure issues will come back before the Commission for further subdivision. 2. Drainage: 3 lots are 19,000 sq. ft. The remaining 5 lots are in excess of 5 acres each. The developer is requesting a waiver of the drainage requirements at this time because Planning & Zoning Commission Meeting 04 February 2002 Page -5- they will have to come back before us for further subdivision. 3. Greenspace: No greenspace is required as the lots exceed the trigger for greenspace provision. 4. Sidewalks: The developer is requesting a waiver of the sidewalk requirements based on the fact that the lots front an existing county highway. This case came before the Commission last month but was held over to allow the plat to show all the adjacent property owners. Please note that there is no connection to the existing trailer park proposed with this subdivision. STAFF RECOMMENDATION To approve subject to sidewalks on the 3 lots facing Gayfer. Other sidewalks should be constructed at the time of further subdivision. Chairperson Green, Commissioners Anders and Brinson expressed that they are opposed to waiving the sidewalks. After discussion, Commissioner Wilson moved to approve the request, with sidewalks not being waived. Seconded by Commissioners Charles, motion passed unanimously. SD 02.01 — Request of Jim and Megan Conwell for minor subdivision approval to St. Joseph Place, generally located South of White Street, East of Equity and West of Liberty. Mr. Baker explained that the Conwells own a large parcel of property located in the fruit and nut area. The property contains approximately 1.2 acres and is zoned R2- Single Family. All of the adjoining property is zoned R2 as well. The Conwells are seeking minor subdivision approval. They wish to create 2 additional lots for a total of 3 lots. The issues associated with this subdivision request are as follows: 1. Comprehensive Plan: The request is consistent with the Plan. 2. Drainage: A drainage study has been performed. The lots will have to provide some storage of water. This is not shown on the plat. It must be. Additionally, there should be a note on the plat that indicates that the City does not accept maintenance of any detention structures. Planning & Zoning Commission Meeting 04 February 2002 Page -6- 3. Access: The lots have access to both Equity and Liberty. There is a mutual access easement indicated that will provide access for both lots to either street. However, in the calculation of lot sizes these access ways have been included in sq. footage. 4. Sidewalks: The developer is asking for a waiver of this requirement. 5. Greenspace: None Required. Setbacks: The Subdivision Regulations indicate that a lot should meet the minimum lot width (75' for R2) at the setback line (35' in R2). These lots do not meet this requirement. The developer is asking for a waiver of this requirement STAFF RECOMMENDATION To approve subject to drainage basin being indicated on the plat, a note on the plat indicating maintenance is property owner responsibility, and cost of the sidewalk be given to our sidewalk fund. Seth Moore, with Moore Engineering, addressed the Commissioners stating that the Conwells are proposing to build a cottage for Mrs. Conwell's parents, and the mature trees located in an alley vacated by Fairhope Single Tax will not be cut down. Mr. Hal. P. Norman, a resident at 304 Liberty Street, addressed the commissioners and expressed that he was not against dividing the lot, but Mr. Norman would like to ensure that the following are made clear: 1. Nichols street would not be opened 2. The large trees would not be cut down 3. A house is built for Mrs. Conwell's parents 4. The property could not be subdivided or sold for any other purpose 5. Utilities are not assessed across his property. After further discussion, Commissioner Anders moved to table this request for thirty days or until the next regular Planning and Zoning Commission meeting. This will allow the Commissioners to properly locate the proposed site, and the new Fire Chief could check to see if emergency vehicles can drive through the proposed drive. The garbage and recycle trucks would not travel this ingress/egress for this will be a private street. Seconded by Commissioner McCrory, motion passed unanimously. Mr. Baker stated that new notices would be mailed as a courtesy. SD 02.02 — Final Plat approval of Idlewild VI, generally located South of Fairhope, West of County Road 27 and East of Thompson Hall Road in the Idlewild Subdivision Planning & Zoning Commission Meeting 04 February 2002 Page -7- Mr. Baker explained that Mr. Klumpp is seeking final plat approval of this 6-lot development. This is a small addition to the existing development and is located at Orleans Drive. The property is zoned R2 and the lot sizes are greater than 15,000 sq. ft. The issues associated with this request are as follows: 1. Comprehensive Plan: This is consistent with the Plan. 2. Drainage: The required study and calculations have been provided and certified. 3. Street: The Street is not centered in the ROW. This is because of a row of pecan trees the developer wished to save. In future phases this will be corrected All other requirements have been met or agreed to. STAFF RECOMMENDATION To approve subject to getting a copy of the plan in digital form and a running greenspace tabulation be provided with the next phase. Commissioner Anders moved to approve the final plat according to the staff recommendation. Seconded by Commissioner Clark, motion passed unanimously. SD 02.03 — Minor Plat of Wagoner -Drummond Subdivision, generally located West of U.S. Highway 98 and the Municipal Airport, and East of County Road 3. Mr. Baker explained that Mr. Roberds is seeking Minor Plat approval of a 2-lot subdivision. The property is located South of town to the West of the Municipal Airport. The property is not in the City and is not zoned. The issues associated with this request are as follows: 1. Comprehensive Plan: The request is consistent with the Plan. 2. Drainage: No drainage information has been provided. However, the parcel being platted in 10 acres in size. 3. Sidewalks: The developer is requesting a waiver of this requirement. Monk Rd. is a dirt County Rd. Lots: There are 2 lots being platted: lot 1 will be given to an adjacent property owner and lot 2 is 10 acres Planning & Zoning Commission Meeting 04 February 2002 Page -8- All other requirements have been met or agreed to. STAFF RECOMMENDATION To approve as requested Commissioner Anders moved to approve the request. Seconded by Commissioner Turner, motion passed unanimously. New Business — SD 99-62 — Extension of approval for Finger Industrial park, generally located at the Municipal Airport on South Highway U.S. 98 aka Greeno Road. Mr. Baker explained that Mr. Finger received plat approval in 1999 for a re -subdivision of property at the airport commercial park. The property fronts on Greeno. Mr. Finger has not yet started the public improvements on the property. He is seeking for an extension of the approval — as the subdivision regulations state that preliminary approval is valid for only 2 years. STAFF RECOMMENDATION To approve the request for 1 year. Commissioner Turner moved to grant a one-year extension. Seconded by Commissioner Anders, motion passed unanimously. Commissioner Anders asked that the committee responsible for the Greeno Road layout start working on this project. Chairperson Green assured Commissioner Anders that this project is going to be worked on. There being no further business to come before the Planning and Zoning Commission the meeting was duly adjourned at 6:32 p. L rry Green, airman /eniece W. John , Acting Secretary