HomeMy WebLinkAbout07-01-2002 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, July 1, 2002
at the Municipal Complex, 161 N. Section Street in the Council Chambers at 5:OOPM
Present: Lary Green, Chairman; Cecil Christenberry, Dan McCrory, Tim Kant, Bob
Clark, Dick Charles, Lee Turner, Ed Brinson, Jean Wilson. Christopher Baker,
Director of Planning & Zoning, Betty Rivenbark, Secretary. No one was absent.
The minutes were considered and with two corrections were approved on motion by
Bob Clark, 211 by Ed Brinson and unanimously carried.
The Chairman announced that the Rock Creek application had been withdrawn.
SD02.25 Request of Mark Cramton for minor subdivision of Coley Merritt
Subdivision(Generally located east of Cty Rd 33 and south of Cty Rd 32) Mr. Baker
commented that this is located outside the city but in the ETJ and the owners are
creating 4 lots out of this 11.6 acres. He said that this meets the comprehensive plan,
no improvements are to be constructed and no drainage study has been performed.
He recommended approval. After discussion mainly about drainage and effect it will
have on surrounding property a motion was made by Dick Charles to approve subject
to them showing on the plat the drainage easement. Ed Brinson 2" d the motion and it
carried unanimously.
SD02.26 Replat of Swan Cove property of Earl D. Brown( Generally located on Fish
River Southeast of Cty Rd 33) Mr. Baker commented that this is 1.15 acres and is not
zoned division of one lot into two. That this meets the comprehensive plan, drainage
calculations have been provided but they need to show on the plat the location of the
required storage. Health Dept. is reviewing the proposal for septic use. He
recommended approval. Dick Charles moved to approve subject to showing the
elevation certificates and proof from the health department that there are no issues as
recommended. Ed Brinson 2" d the motion and it carried unanimously.
SD02.27 Replat of David Romero of Winding Brook(Generaily located west of
Scenic 98 north of south Winding Brook and south of north Winding Brook) Christopher
Baker said the original request was for 3 lot division but that they were only dividing
into two. No improvements are to be constructed and no drainage study has been
performed and a waiver has been asked for. Sidewalks are not required. He
recommended approval. Seth Moore said they had not gotten letter back from Corps of
Engineers on terracing on the third lot that this is not wetlands but want Corps
approval, that lot 2 and 3 will be combined. Several residents from the area spoke, one
saying she had a deed restriction on her lot regarding division, another saying that
these drain into Red Gully and that they maintained vacant lot on Montrose Village
side. Further discussion led to a motion by Dick Charles, 2"d by Ed Brinson to
approve the two lot division. Motion carried unanimously.
Planning & Zoning Commission
July 1, 2002 - Page two
SD02.28 Final Plat approval of Spring Lake Phase 2(Generally located east of
Greeno Rd north of Twin Beech Rd) Mr. Baker related this is the 2"d phase of Spring
Lake and it has 7.5 acres and contains 27 lots. That it is zoned R5TH but is developed
as R3PGH. That the improvements have been constructed and inspected by the utility
departments and the drainage certifications and calculations have been provided. He
recommended approval. Dick Charles moved to approve, Lee Turner 2"d the motion
and it carried unanimously.
SD02.29 Final Plat approval of Wellington(Generally located east of County Rd 13
and south of Gayfer Extension). In relating issues associated with this development Mr.
Baker said that this is 8.3 acres located outside the city containing 24 lots. That the
improvements have been constructed and inspected by the utility departments, that
they are county streets. The needed drainage certifications have been provided and
greenspace is not required but the developer has been advised that any further
development will trigger greenspace requirements. Dick Charles said he had been out
there and asked about water standing on street. He was told it had been calculated for
`25 year storm. Further discussion led to a motion by Dick Charles to approve subject
to traffic calming being shown on the plat, parcel noted as common area be on plat and
dedicated area responsibility of property owners association. Jean Wilson 2"d the
motion and it carried unanimously.
SD02.30 Cyrus Cove, Planned Development(Generally located south of Hwy 32 and
west of Cty Rd 27 by the Newton School) Mr. Baker said that they are seeking
preliminary plat approval of a 173 lot subdivision. He further related that the school is
an anchor at this location and there will be significant traffic increases. His
recommendation was to table until the August meeting to be able to get with all
applicable parties to understand the traffic implication. David Diehl was present
representing EDS and said that these are R3 lot sizes, 52X120 and there would be
alleys on interior lots and Mitchell Homes would be the builder. He handed out a sketch
to the commission members. Larry Green commented that the density is far too great,
Dick Charles said everywhere else USA needs some creativity, Bob Clark said he has
the same concerns, density, Larry Green said we need to get a traffic study. Further
discussion led to a motion by Tim Kant to table until we have more input from the
school and Chief of Police. Dick Charles 2"d the motion and it carried unanimously.
SD02.31 Replat of Admiral Nelson's Court land of Robin Hemdon(Generally
located at the southwest corner of Nelson Rd and Scenic 98)Mr. Baker related that this
proposal contains 3 lots and is zoned R1 and contains some wetlands. At this time no
improvements are planned and that the project engineer has provided detention for the
site, a berm with staged release into the wetlands. A common drive is proposed for the
lots. He said that the corps has approved the project but there will be some mitigation
associated with the project. He recommended approval subject to getting the mitigation
Planning & Zoning Commission
July 1, 2002 - Page three
plans before the plat is signed. Ray Moore spoke on behalf of Mr. Herndon saying
these lots will range from 15,000-30,000 ft. John Parker addressed the commission
saying simply the 4 property owners across the street on the bay have drainage
problems and said they have been getting the runoff for years and the ideal solution
would be for the county to put in pipe and run it to the bay but they have not. He said
the common drive with the pervious material was a good thing. But the water should be
directed to the east southeast rather than Nelson Road. Mr. Moore said that there is a
10 ft easement on the southeast side of the property and discussion followed on the
best place to release water into the wetlands. Further discussion led to a motion to
approve by Tim Kant subject to the engineer guaranteeing the water will naturally flow
into the wetlands and not be redirected to the street. Dick Charles 2"d the motion and
motion carried by the following vote: Tim Kant, Bob Clark, Cecil Christenbery, Larry
Green, Dick Charles, Lee Turner, Ed Brinson, Dan McCrory. Against Motion:
Jean Wilson.
SD02.32 Replat of Greeno Rd Professional Village, land of Craig Dyas(Generally
located east of Greeno Rd north of Edwards and south of Gayfer Ave) Mr. Baker
related this is a 7 acre parcel and has been approved for a PUD for business and
professional offices and Mr. Dyas is now seeking to created lots in conformance with
the approved PUD. He said each lot will have its own drainage designed and
constructed at the time of site plan approval. That there will be only one access point
to Greeno Road between lots 3 & 4 and that the existing trees on Greeno will not be
disturbed. He recommended approval. Mr. Dyas was asked if he had any problem
with this and he replied no, saying they will meet all requirements of the city ordinance.
A motion was made by Lee Turner 21 by Ed Brinson to approve. Motion carried
unanimously.
SR02.03 Site Plan Review for Martin Myrick(Generally located west of Greeno Rd
and north of Estella Drive)Mr. Baker in his comments said there is not parking lot lights
proposed. That wall mounted lights are proposed on the north side of the building.
That signage will meet requirements and landscaping will meet requirements. That curb
cut will line up with the cut into Food World. He recommended approval. Discussion
was held on the landscaping/fence planned to screen this from existing neighborhood.
It was suggested using both. A motion was made by Dick Charles, 2nd by Ed Brinson to
approve subject to giving the building department the ability to deal with the developer
on the lights facing north. Motion passed unanimously.
Planning & Zoning Commission
July 1, 2002 - Page four
IR 02.04 Request of Michael Delaney for approval of Baldwin County Sewer
Service to provide sewer service in the Planning Jurisdiction of the City of Fairhope
under Section 11.52.11 of the Alabama State Code. Mr. Baker had commented that
Mr. Delaney is representing BCSS in the request. It was his recommendation to
deny based on the following:
A. The application is incomplete:
The applicant did not meet all of the requirements in providing map
information, slopes, inverts, materials, pump sizes, alarm systems etc..
(requested in item 1 of May 31 letter)
2. The applicant did not indicate all future sewer service expansion plans
and areas of proposed service (requested in item 2 of 31 May letter).
3. The applicant did not provide financial information requested in items 4
and 6 of the 31 May letter. This information is critical to determining
whether the proposed public utility is fiscally viable in the long-term.
Without determining whether that is the case, the Planning Commission
cannot reasonably assess the likelihood that the proposed utility will be
able to serve future customers and to maintain, test, and monitor
constructed facilities.
4. The applicant did not provide information regarding its response to
documented ADEM environmental violations, as requested in item 5 of
the 31 May letter.
5. The applicant did not provide financial information as requested in item 7
of the 31 May letter.
B. Existing sewer facilities appear to be inconsistent with the Comprehensive Plan.
1. The current pattern of sewer provision is disconnected and
irrational and will encourage leap frog, or sprawl, type development
patterns, which are specifically rejected in the Comprehensive Plan.
2. The current pattern of sewer provision appears inconsistent
with the growth patterns currently predominating the City and the
extraterritorial planning areas.
3. The current pattern of sewer provision appears inconsistent
with the "village" concept overwhelmingly favored by the community as
specifically articulated in the Comprehensive Plan.
Planning & Zoning Commission
July 1, 2002 - Page five
4. The sewer system proposed by the applicant is inherently
inconsistent with the character of Fairhope and the numerous goals
and objectives listed in the Comprehensive Plan, including:
a. That provision of infrastructure be made according to priority
growth areas and identified village centers.
b. That the timing, intensity, and density of growth be coordinated
with the availability of public facilities and services.
c. That public investment be discouraged beyond or outside of
planned growth areas.
At this time Tut Wynne, the City Attorney, said based on Mr. Baker's recommendation
he proposed the Planning Commission adopt a Resolution consistent with the
recommendation and presented same. After the Resolution was read Dick Charles
moved to accept and adopt the Resolution and exhibits(attached) for the file and in
accordance with staff recommendation deny the request of Mr. Delaney. Ed Brinson
2"d the motion and it passed unanimously.
There being no further business, meeting was duly adjourned.
Betty Ri enbark, Secretary
Larry Green, hairman