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HomeMy WebLinkAbout09-03-2002 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Tuesday, September 3, 2002 at 5:OOPM at the City Administration Building, 161 N. Section Street Present: Larry Green, Chairman; Tim Kant, Dan McCrory, Bob Clark, Cecil Christenberry, Dick Charles, Lee Turner, Ed Brinson. Christopher Baker, Director of Planning & Zoning, Betty Rivenbark, Secretary Absent: Jean Wilson Chairman Green asked Mr. Brinson to serve as nominating committee chair. The minutes of the August 5, 2002 meeting were duly approved on motion by Dick Charles, 2"d by Dan McCrory and unanimously carried. SD02.37 Ms. Torre Tasso for a Minor Plat(Generally located east of Cty Rd 3 and South of Hwy 32) Mr. Baker commented that this is 3 acres located in the County zoned RA and Ms. Tasso is seeking to replat and sell this property. He said this plans meet the comprehensive plan, lots are greater than 5 acres so a waiver of the drainage is requested, sidewalks are not required, a 15 ft. easement is proposed for Lot 1. Staff recommendation was to approve. Ed Brinson moved to approve as presented, Dick Charles 2"d the motion and it carried unanimously. SD02.38 Final Plat Approval of Bowers Subdivision(Generally located north of Gayfer Ext. and west of Blueberry Lane) Mr. Baker commented that Mr. Bowers is seeking to divide 4.07 acres into 6 lots. That drainage calculations will be provided, and is on a county dirt road. They are requesting waiver of sidewalks. He had stated this is located in a rural setting and the division of the property is proposed under a minor plat. He said there is an existing water line but it will not serve the capacity required so a new main will be required. This would change the subdivision from a minor to a major plat requiring sidewalks and a paved road. The developer is requesting not to have to pave the road but is agreeable to putting in a bigger water line. His recommendation was to approve. Steve Dunnam spoke for the owner saying this is a gravel road maintained by the county. Further discussion followed and a motion was made by Dick Charles to accept proposal to put in larger water line and not be required to pave. Cecil Christenberry 2nd the motion and it carried unanimously. The question was raised about the county having to sign off on the plat and answered that they do before it is recorded. Mr. Dunnam said he had verbal approval from the county that they will not have to pave. SD02.39 Minor Subdivision approval of Country Lane(Generally located north of Gayfer and west of Cty Rd 27) Mr. Baker commented this property is located outside the city and contains 9.45 acres and they are proposing to create 3 lots. The development meets the comprehensive plan, the developer is requesting a waiver of the drainage requirements because the lots are larger than 3 acres, and a waiver of the 600' common drive requirement. The developer said he will indicate on the plat that there will be a reservation for future ROW to the property line. Sidewalks are not required. Planning & Zoning Commission September 2, 2002 - Page two His recommendation was to approve. Dick Charles moved to approve with the extension of the ROW easement to the western property line of lot 3. Ed Brinson 2n1 the motion and it carried unanimously. S1302.40 Replat of Liberty Church (Generally located north of Morphy and west of Cty Rd 13) This ties in with a rezoning request to be at this meeting. The property is now zoned RA and they are requesting to change to R1 and make 3 lots. The church is built on one lot leaving two buildable lots. It was brought out that there are now existing drainage problems on this property. Mr. Baker had recommended approval saying that the engineer has provided information and the detail needed to make him feel comfortable that this development will have little impact to the drainage in the area. The developer also agreed to put a note on the plat that any structures constructed must be a minimum of one foot above the grade at the site. A discussion followed on the drainage and the fact that they are not allowed to put any more water on the ground than what there now. Mr Moore said they are providing stormwater detention. Dick Charles moved to approve as presented. Ed Brinson 2"d the motion. Motion carried with one no vote by Bob Clark. ZCO2.07 Public hearing to consider the request for an amendment to the Rock Creek PUD to allow Multifamily on Lot 178C and allow Commercial/Recreation facilities at the Fitness Center. In his comments Mr. Baker said that Mr. Corte is asking for 2 separate requests under one application. Rock Creek began in the early 1990's and Lot 178C adjacent to the sales office was considered under a clarification by the council in 2001. Mr. Corte is now asking for multi family as a permitted use on Lot 178C. This would consist of 3 story 9 condo units. He said further he received 67 letters from Rock Creek residents in opposition to condo development and 9 phone calls today. Mr. Corte is also requesting to zone the 5 acre parcel that has been annexed into the city as part of the fitness center to allow retail and food sales in conjunction with the pro shop, restaurant at the pool, and operation of a fee based swim, tennis, fitness center. He recommended to deny the request for lot 178C but approve the request of the fitness center. The public hearing was opened and Joe Bullock of EDS spoke on behalf of Mr. Corte, Paul Sessa, President of the Rock Creek Property owners association spoke and read a statement saying RCPOA was for allowing 5 acre parcel to be recreation commercial at the fitness center and against multi -family on 178C and if both treated as one they oppose entire proposal. He cited increased traffic, safety, and devaluation of property. Trae Corte spoke saying the fitness center is originally annexed as R1 and will continue as is now, no more, no less. He related the reasons why he went to residential condos. He sees his market as young professionals, retirees that don't want yards. Three other residents also spoke against proposal. Dick Charles moved to consider swim tennis fitness separate and approve that request, Lee Turner 2"d the motion Dick Charles also moved to add his appendages to the minutes Ed Brinson 2nd the motion and motion carried with two no Planning & Zoning Commission September 2, 2002 - Page three votes by Larry Green and Bob Clark. Further discussion led to a motion by Lee Turner to approve 178C use as multi -family as requested. Ed Brinson 2"d the motion and it carried with the following vote: For: Ed Brinson, Lee Turner, Dick Charles, Dan McCrory, Larry Green. Against: Tim Kant, Bob Clark, Cecil Christenberry ZCO2.05 Public hearing to consider the request of Leonard Gafford for a zoning change from RA Residential Agriculture to R1 Single Family(Generally located west of 27 and north of Windmill Rd)Mr. Baker commented that this a 2.2 acre parcel that Mr. Gafford wishes to divide and give a portion to his daughter. That this is in conformance with the comprehensive plan and there are no issues. He recommended approval. Bob Clark moved to approve Dick Charles 2"d the motion and it carried unanimously. ZCO2.06 Public hearing to consider the request of Bassett Properties for a zoning change from B2 General Business to R5 Multi Family(generally located on Equality Street north of the nut house) Due to a clerical error there were three omissions in notification even though it was properly advertised and the property owner displayed the required sign. A motion was made by Bob Clark to hold over for 30 days, readvertise and renotify. Ed Brinson 2"d the motion and it carried unanimously. ZCO2.08 Public hearing to consider the request of Phillip Gordon for a Zoning Change from RA Residential Agriculture to R1 Single Family Res idential(Generally located north of Morphy and west of Cty Rd 13) Mr. Baker said this is Liberty Place that we heard earlier. That the church is located on one lot which leaves 2 buildable lots. He recommended approval. Dick Charles moved to approve as requested. Dan McCrory 2"d and motion carried with one no vote by Bob Clark. SD02.42 Request of Tom Alonzo for an informal review of Savannah Gardens. Mr. Alonzo was not present so this was not heard. Report from the Sidewalk Subcommittee. Ed Brinson reported that the committee had met on several occasions to discuss the issues and their recommendations were: 1. That we leave the requirements as they are currently. 2. Should a developer elect to not construct sidewalks with the public improvements then a letter of credit or a performance bond must be posted in the amount of 125% of the value of the materials and labor. Mr. Baker had commented that should the commission accept this recommendation an alteration to the Subdivision Regulations will be created and considered for the October meeting. Tim Kant moved to accept the report. Dan McCrory 2"d the motion and it passed unanimously. Planning & Zoning Commission September 2, 2002 - Page four There being no further business, meeting was duly adjourned at 7:OOPM. Larry Green, hairman Betty RiPenbark, Secretary