Loading...
HomeMy WebLinkAbout05-06-2002 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 May 2002. Present were Chairman, Larry Green, Commissioners: Dan McCrory, Bob Clark, Pauline Anders, Dick Charles, Lee Turner, Ed Brinson, and Jean Wilson; Director of Planning and Building Christopher Baker, and Acting Secretary Geniece W. Johnson. Timothy M. Kant and Secretary Betty Rivenbark were absent. There being a quorum present, Chairman Green called the meeting to order. Commissioner Charles moved to approve minutes of the 02 April 2002, regular meeting. Seconded by Commissioner Wilson, after the following corrections are made, motion passed unanimously. Corrections of 02 April 2002, minutes: 1. List Commissioner(s) that are absent — Add Lee Turner as being absent 2. SR 02.07 Preliminary Plat of Phase 4 of the Villas of Quail Creek — Pauline Anders, after hearing all the discussion, moved that we approve request with staff recommendation, and requiring the northern most cul de sac to go to property line for future street extension, and in the next phase Lake Ridge and Club Drive shall be connected, also requiring sidewalks at the time of improvement construction and verification of drainage pond capacity with the final plat. Dick Charles Seconded the motion and it carried unanimously. 3. Informal Development Review - Tim Kant said that he thinks we might need to relook at the sidewalk issue, that we need to clarify it so we are consistent with everybody. 4. Informal Development Review - Pauline Anders commented that she thought we ought to write to the homeowners associations once a year. Christopher said he is trying to do something about that. Larry Green said he would like to look at mailbox issue. Larry Green inquired if the developer could look into placing two mailboxes on each pole, instead of having single mailboxes on each pole. ZC-02.02 - A public hearing was held as advertised to consider the request of Mr. Benjamin Manifold for a Zoning change from RA -Residential Agriculture to Rl- Single Family. The property is generally located West of County Road 27, South of Windmill Road. Planning and Zoning Commission Meeting 06 May 2002 Page 2- Mr. Baker explained that Mr. Manifold is the executor of Mrs. Manifold's estate (mother). The Manifold family owns 13.9 acres South of Windmill Rd. The property is currently zoned RA -Residential Agriculture. Mr. Manifold is asking to change the zoning to Rl-Single Family (15,000 sq. ft. lot size), so the property may be divided in accordance with the estate. The property to the North is zoned R2 — this includes the corner of Windmill and Co. Rd. 27 and all of the Jackson Place/ Idlewild development. The request is in conformance with the Comprehensive Plan. STAFF RECOMMENDATION To approve as requested. Mr. Benjamin Manifold was present. No one present was opposed to the rezoning of this property. After discussion, Commissioner Turner moved to grant the zoning change. Seconded by Commissioner Charles, motion passed unanimously. SD 02.11- Request from Mr. Benjamin Manifold for a Minor Subdivision. The property is generally located South of Windmill and West of County Road 27. Mr. Baker explained that Mr. Manifold is proposing to divide the property in accordance with the wishes of the estate. This property is under a zoning change request from RA -Residential Agriculture to Rl-Single Family. Mr. Manifold is proposing to create 5 lots. The smallest of the lots is 2.5 acres. The issues associated with this request are as follows: 1. Comprehensive Plan - The development meets the Comprehensive Plan. 2. Drainage - The engineer has provided the needed certifications and calculations. 3. Zoning - The plat cannot be signed until the zoning is approved by the City Council. The engineer has been advised of this. 4. Sidewalks - The developer is asking for a waiver of the sidewalk requirements (see the reply letter for logic). All other issues have been met or agreed to. Planning and Zoning Commission Meeting 06 May 2002 Page —3- STAFF RECOMMENDATION: The approval is subject to the Council approving the zoning change and requiring sidewalks. Mr. Baker and Mr. Manifold explained the request for the waiver of installing sidewalks. This division is of probating the will of Mrs. Doris Manifold and not because a developer wants to purchase the property for further division. If one or more of these lots are developed further, than the requirement of sidewalks should apply at this time. After discussion, Commissioner Anders moved to grant the request, including the waiver of the sidewalks, and a note must be placed on the plat indicating that if one or more of these lots are developed further, then the requirement of sidewalks should apply at this time. Seconded by Commissioner Brinson, motion passed unanimously. SD 02.12 — Request of Mr. Doug Bailey for a Preliminary Plat of Phase 2 of Sandy Ford Subdivision. The property is generally located East of Rock Creek and West of County Road 27. Mr. Baker explained that Mr. Doug Bailey is represelfing f�e 4fvY topers on this project. This property is zoned as a PUS aRq s More col monly known as the Berglin property. The property is directly adjacent to the existing Rock Creek Subdivision, and the only access to this property is through Rock Creek Subdivision. The issues associated with this plat are as follows: 1. Comprehensive Plan: The development meets the plan. 2. Improvements: Water and sewer will be constructed with the streets and sidewalks. The Plans have been reviewed and revised. The utility departments have reviewed the Plans. 3. Drainage: The engineer has provided the needed information and certifications. 4. Sidewalks: Sidewalks were constructed on one side of the road in Phase 1 of Sandy Ford. In order to be consistent they should again be permitted on one side of the street. STAFF RECOMMENDATION: To approve as requested subject to sidewalk construction at the time of public Planning and Zoning Commission Meeting 06 May 2002 Page —4- improvement construction. Mr. Bailey addressed the Commissioners and requested posting an additional bond for the completion of the sidewalks. Mr. Bailey explained that large construction trucks are damaging the sidewalks during the construction period. Therefore, Mr. Bailey would like to install the sidewalks in Phase 2 after the construction period is completed in Phase 2. It was discussed that sidewalks were constructed on one side of the road in Phase 1 of Sandy Ford, and in order to be consistent Mr. Bailey requested that sidewalks be permitted on one side of the street in Phase 2 as well. The Subdivision Regulations call for sidewalks to be installed on both sides of the street. Mr. Green expressed that sidewalks should be installed on both sides of the street because sidewalks are on both sides of the street all over town. After further discussion, Commissioner Charles moved to approve the preliminary plat, allow sidewalks on one side of the street for consistency, and moved that the sidewalks must be completed prior to the expiration date of the posted bond. Seconded by Commissioner Brinson, the motion passed by the following votes: AYE -McCrory, Clark, Anders, Charles, Turner, Brinson, and Wilson. NAY -Green. SD 02.13 — Request of Mr. Steve Dunnam for a Re -plat of Deep Tree Forest. The property is generally located North of Gayfer and West of Highway 98 (Greeno Road) on Tulip Terrace. Mr. Baker explained that Mr. Steve Dunnam is representing the property owners. This is a re -plat to move a property line so there is no encroachment of the existing driveway on the adjoining lot. The lots and homes already exist. The property is zoned Rl-Single Family. The issues associated with this plat are as follows: 1. Comprehensive Plan: The development meets the plan. 2. Improvements: No improvements are to be constructed. 3. Drainage: No drainage study has been performed, has no net effect on buildable area. 4. Sidewalks: The developer is requesting a waiver of this requirement. See reply letter for logic. Planning and Zoning Commission Meeting 06 May 2002 Page —5- STAFF RECOMMENDATION: To approve as requested. Mr. Baker explained the request of waiving sidewalks. This subdivision re -plat was prepared to correct an encroachment; no sidewalks exist in this area and the subdivision is fully developed with existing structures. After discussion, Commissioner Turner moved to approve the re -plat of Deep Tree Forest. Seconded by Commissioner McCrory, motion passed unanimously. SD 02-14 — Request of Mr. Steve Dunnam for a Re -plat of Synder's Subdivision. This property is generally located West of Mershon and South of Johnson, South of Fairhope Avenue. Mr. Baker explained that Mr. Steve Dunnam is representing the property owners. The Synder's have the leasehold of the property at the corner of Johnson and Mershon. The property is zoned R2-Single Family. They are proposing to create a new lot. The issues associated with this plat are as follows: 1. Comprehensive Plan: The development meets the plan. 2. Improvements: No improvements are to be constructed. 3. Drainage: The drainage calculations were still being prepared at the time of agenda, by a local engineer. Should there be an issue with the calculations, Christopher Baker, Director of Planning and Building, will present an alternate recommendation to the Commission at the meeting. Mr. Baker does not anticipate this being an issue as they are just not quite complete yet. 4. Sidewalks: Sidewalks are required. The developer is asking for a waiver of this requirement. STAFF RECOMMENDATION: To approve as requested with a donation to the sidewalk fund. The installation of sidewalks was discussed. Mr. Dunnam requested a waiver of installing sidewalks or agreed to make a donation to the sidewalk fund. At the present time there are no sidewalks in this cul-de-sac. Donations to the sidewalk fund are based on the value of the construction at the time Planning and Zoning Commission Meeting 06 May 2002 Page —6- of plat signing. The Public Works Director calculates the material cost for the sidewalks, and this amount is donated by the property owner and deposited into the sidewalk fund. Mr. Baker explained that the cost for labor is not charged because the donated funds are placed in an interest bearing account that should offset the labor cost. After further discussion, Commissioner Clark moved to approve the re -plat of Snyder's Subdivision, and moved that the donated amount provided by the Public Works Director must be donated to the sidewalk fund. Seconded by Commissioner Brinson, motion passed unanimously. SD 02-15 — Request of Mr. Steve Dunnam for a Re -plat of Annie B. Subdivision. The property is generally located North of Twin Beech and West of Ingleside Street. Mr. Baker explained that Mrs. Annie B. Williams is the owner of this 5 acres tract of land. She is proposing to create a 2 lots subdivision — one lot being 3 acres and the other 2 acres. The property is located in the County. The issues associated with this plat are as follows: 1. Comprehensive Plan: The development meets the plan. 2. Improvements: No improvements are to be constructed. 3. Drainage: The developer is asking for a waiver of the drainage requirements, as the lots created are large (2 acres, and 3 acres). 4. Sidewalks: Sidewalks are required. The developer is asking for a waiver of the requirement. However, the City will be constructing a new walk with grant monies on the West side of Ingleside in the near future. STAFF RECOMMENDATION: To approve as requested. After discussion, Commissioner Brinson moved to re -plat Mrs. Williams' subdivision, and waived the sidewalk requirement because the City will be constructing a new walk with grant monies on the West side of Ingleside Street in the near future. Seconded by Commissioner Charles, motion passed unanimously. SD 02-16 — Request of Mr. Steve Dunnam for a Re -plat of Denton Subdivision. The property is generally located South of the American Legion Post # 199 and West of Scenic Highway 98 (Mobile Street). Planning and Zoning Commission Meeting 06 May 2002 Page —7- Mr. Baker explained that Mr. Steve Dunnam is representing the property owners. This is an existing subdivision. The purpose of this re -plat is to shift property lines to increase lot sizes. The property is zoned B3A-Tourist Resort Lodging. The issues associated with this plat are as follows: 1. Comprehensive Plan: The development meets the plan. 2. Improvements: No improvements are to be constructed. 3. Drainage: No drainage study has been performed, has no net effect on buildable area. 4. Sidewalks: There is an existing sidewalk on the West side of Scenic Highway 98. STAFF RECOMMENDATION: To approve as requested. Mr. Baker also explained that there is an existing driveway that is not indicated on the plat, but is recorded on the deed. — After discussion, Commissioner Charles moved to approve the re -plat of Denton Subdivision, and a revised plat must be provided showing the recorded driveway as indicated on the deed. Seconded by Commissioner McCrory, motion passed unanimously. SD 02-17 — Request of Mr. Dennis Clark for a re -plat of Dennis Clark Estates. The property is located West of South Section Street, and North of Pecan behind WABF Radio Station. Mr. Baker explained that Mr. Clark owns the property on Pecan. Mr. Clark owns two separate lots of record. Mr. Clark is going to construct an addition to his home. Mr. Clark is re -platting the two lots into one lot so the rear yard setback is increased. The net effect of this re -plat is to reduce buildable lots from 2 to 1. The issues associated with this plat are as follows: 1. Comprehensive Plan: The development meets the plan. 2. Improvements: An Addition will be added to his home. Planning and Zoning Commission Meeting 06 May 2002 Page —8- 3. Drainage: No drainage study has been performed as the re -plat reduces net buildable area. 4. Sidewalks: The developer is requesting a waiver of this requirement. See reply letter for logic. All other issues have been met or agreed to. STAFF RECOMMENDATION: To approve as requested. After discussion, Commissioner Brinson moved to approve the request of Mr. Dennis Clark to re -plat Dennis Clark Estates. Seconded by Commissioner Charles, the motion passed by the following votes: AYE -McCrory, Anders, Green, Charles, Turner, Brinson, and Wilson. NAY -None. Abstained -Clark. SD 02-18 Regulation Amendment Re: Water & Sewer Connections - Mr. Baker explained that the City is currently involved in a legal case involving the extension of private utility providers in the City's planning jurisdiction. Mr. Baker continued to explain that there's existing language in the Code of Alabama that governs utility systems. Mr. Baker further explained that legal issues that the City is currently involved in results from the lack of clear guidelines on when and where we would allow private utility systems. This Public Hearing was advertised, and Mr. Baker recommended approval of the following amendments as advertised: SUBDIVISION REGULATIONS AMENDMENTS WHEREAS, the Planning Commission has adopted a master plan pursuant to 11-52-11, Code of Alabama, which Master Plan is entitled the "Fairhope Comprehensive Plan' and was adopted by the Fairhope City Council on the 291 day of January, 2001(hereinafter the "Master Plan); and WHEREAS, the construction of public facilities must be properly located in order to effectively implement the Master Plan; and WHEREAS, state law established a procedure for the review and approval of public and private utilities for consistency with the Master Plan; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRHOPE, ALABAMA: Planning and Zoning Commission Meeting 06 May 2002 Page —9- 1. Section 805 of the subdivision Regulations of the City of Fairhope, Alabama, is hereby repealed, and a new Section 805 is hereby adopted, which Section 805 shall read as follows: 805 Water System 805.1 Subdivisions exceeding ten (10) lots shall connect to the public water system operated by the City of Fairhope. 805.2 Subdivisions not exceeding ten (10) lots shall connect to the public water system operated by the City of Fairhope, except as provided herein. Such subdivisions shall not connect to a private water system, except where: 805.2.1 The private water system has an approved Environmental Impact Statement (EIS), as provided in Chapter 12, Article IV of the City Code; and 805.2.2 The private water system is not within a service area of the public water system operated by the City of Fairhope as shown in the City's Capital Improvements Program. 2. Section 807 of the Subdivision Regulations of the City of Fairhope, Alabama is hereby repealed, and a new Section 807 is hereby adopted, which Section 807 shall read as follows: 807 Sanitary Sewer 807.1 Subdivisions exceeding ten (10) lots shall connect to the public sewer system operated by the City of Fairbope. 807.2 Subdivisions not exceeding ten (10) lots shall connect to the public sewer system operated by the City of Fairhope, except as provided herein. Such subdivisions shall not connect to a private sewer system, except where: 807.2.1 The private sewer system has an approved Environmental Impact Statement (EIS), as provided in Chapter 12, Article IV of the City Code; and 807.2.2 The private sewer system is not within a service area of the public sewer system operated by the City of Fairhope as shown in the City's Capital Improvements Program. Effective Date, These amendments shall be in full force and effect upon its adoption and publication as provided by law. After discussion, Commissioner Charles moved to approve the amendments to the Subdivision Regulations. Seconded by Comm. Clark, motion passed unanimously. Planning and Zoning Commission Meeting 06 May 2002 Page —10- Old/New Business: Chairperson Green expressed that the sidewalk concerns regarding waivers of sidewalks need to be addressed. Mr. Green asked for volunteers to work with Christopher Baker to put together a Master Sidewalk Plan. The plan must be workable and may be added to. The following Commissioners volunteered to work with Mr. Baker: Brinson, Clark and Anders. Mr. Baker addressed the Commissioners and requested that the Commissioners consider amending the Planning and Zoning Commission's By-laws to allow a Consent Agenda for certain items. Chairperson Green appointed Commissioner Wilson to work with Mr. Baker on the language for the amendment of the By-laws to allow a consent agenda for certain items. Mr. Baker addressed the Commissioners and reported that he received a letter by fax from Lionel Williams, a resident of Forestville, MD, and property owner on Twin Beech Road. Mr. Williams expressed firm disapproval of the re -plat of Annie B. Williams property, generally located North of Twin Beech and West of Ingleside Street. (SD 02-15) Mr. Baker will start providing a map and/or plat and physical address within the Commissioners packages to help the Commissioners to find locations that are being addressed at the Planning and Zoning Commission meetings. Chairperson Green commented that the Commission might consider not approving incomplete requirements that depend on staff members to track whether all incomplete requirements are ever completed. This method has added additional responsibilities to the staff member's already full day-to-day responsibilities. Therefore, if a change in the Commission's regulations is adopted in the future, incomplete requirements will be delayed for 30 days or until completed, before receiving the Commission's approval. There being no further being no further business to come before the Planning and Zoning Commission the meeting was duly adjourned at 6:03 p.m. V& /// _,� _011 Larry een, C airman Geniece W. Johnson, Acting Secretary