HomeMy WebLinkAbout11-04-2002 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, November 4,
2002 at S:OOPM at the City Administration Building, 161 N. Section Street in the Council
Chambers
Present: Larry Green, Chairman; Tim Kant, Dan McCrory, Cecil Christenberry,
Bob Clark, Dick Charles, Ed Brinson, Lee Turner, Jean Wilson.
Christopher Baker, Director of Planning & Zoning, Betty Rivenbark,
Secretary Absent: None
The minutes of the October 7, 2002 meeting were considered and duly approved as
written on motion by Dick Charles, 2"d by Ed Brinson and unanimously carried.
SD02.044 Replat of Tumble Inn, property of John Bethea(Generally located between
Fairhope Avenue and Delamare St) Mr. Baker commented this is the property where
Old Bay Steamer is located and runs from Fairhope Avenue to Delamare St and Mr.
Bethea is seeking to divide one lot into two. This was continued from the last meeting
to determine utility easements. Mr. Baker in his comments noted there is an existing
sewer line that runs under a building and this easement is indicated on the plat. There
is a utility easement on the west property line so underground power can be provided
to the properties. There is a grate inlet at the corner of Mr. Nelson's property but it
does not extend into Mr. Bethea's property. Staff recommendation was to approve as
presented and require underground electric service in the easement provided from
Delamare St. Dan McCrory, Water & Sewer Supt noted that the sewer line is on the
east of Aubergines and runs west to Chruch Street. That it was put in 1939 and that all
the sewer flow on Delamare runs to this. Mr. McCrory was asked if we have adequate
access now and replied yes in Aubergines alley. He expressed concern that a new
building might be built that would crush existing line. Seth Moore, representing Mr.
Bethea, said that the electric was allowed to install the temporary line, it was a
gentlemen's agreement, nothing in writing. Christopher Baker said the electrical
services would be off of Delamare Street and stay until John Bethea builds something,
be on the western property line. Further discussion led to a motion by Lee Turner to
approve as presented. Ed Brinson 2"d the motion and it carried unanimously.
SD02.45 Request of T Jeff Stein was withdrawn
SD02.46 Final plat approval of Trentino was withdrawn
SD02.47 Minor plat approval Request of Carter and Sons, Vera Herman
subdivision(Generally located west of Greeno Rd just north of Twin Beech Rd) Mr.
Baker commented that a waiver of the drainage requirement was being sought as the
use of the property is not known at this time will be required at time building permits
issued. That there was a concern about curb cuts and the developer revised the plat to
require a common curb cut coming off of Greeno Rd. Staff recommendation was to
approve. Dick Charles moved to approve, Bob Clark 2"d and motion carried
unanimously.
Planning & Zoning Commission
November 4, 2002 - Page two
SD02.48 Replat of Mershon Place, Bay Shore Oil(Generally located on Mershon just
south of Morphy) Mr. Baker commented this property is zoned R2 and the proposal is
for a 5 lot subdivision. Drainage calculations have been provided with stormwater
management that meets our drainage requirements. Staff recommendation was to
approve. Ray Moore represented Bay Shore Oil and related that they had talked with
Mike Baugh the adjacent property owner, he related that they would take the water at
Mr. Baugh's property line out to Mershon to south and it would go thru 3 inlets. Design
was for 100 year rainfall. Further discussion led to a motion by Dick Charles to
approve as presented. Dan McCrory 2"d the motion and it carried unanimously.
SD02.50 Replat of Walker Place subdivision, Walker Brothers(Generally located
west of Greeno, south of Gayfer and east of Westley) Mr. Baker commented that this is
4.2 acre parcel and the proposal is for a 3 lot subdivision in this R-1 zone. That a
drainage study has not been performed but a letter has been provided that states
construction of homes will not impact drainage in the area. He said further sewer will
be via grinder pumps and will be required with home construction. Staff
recommendation was to approve subject to a true drainage study and stormwater
management. Further discussion led to a motion by Dick Charles to approve with
legitimate calculations by a professional engineer submitted as recommended by staff.
Ed Brinson 2"d the motion and it carried unanimously.
SD02.51 Request of David Diehl for an extension of the approval of Miller's
Crossing Phase 2(Generally located north of Cty Rd 32 just to the west of Newton
School) Mr. Baker said this came up last month and denial was recommended as the
two year period to construct had expired as of July and a final plat was not submitted
nor construction begun. He recommended denial of request. John Avent of EDS was
present representing Mr. Diehl. He said that Phase 1 had been completed and they
were willing and able to construct Phase 2 but their biggest concern is will they be in
conformance with new requirements. Larry Green asked Christopher Baker if we
granted extension will be setting a precedent and Mr. Baker said "yes". Larry Green
said we are in the right to ask him to reapply, we need to protect ourselves and the
commission. Dan McCrory moved to deny the request. Dick Charles 2"d the motion
and it carried with the following vote: Tim Kant, Dan McCrory, Bob Clark, Larry Green,
Dick Charles, Ed Brinson, Lee Turner, Jean Wilson. Against motion: Cecil
Christenberry.
ZCO2.09 Public hearing to consider the request of Craig Dyas to amend the
Planned Unit Development for Village North(Generally located south of Parker Road
north of 104, west of Greeno, and east of Scenic 98)Mr. Baker related the history of the
Dyas PUD request and what was approved in Nov. 2001(611 total housing units and
100,000 sq ft commercial property). That he is back requesting an amendment to
Planning & Zoning Commission
November 4, 2002 - Page three
180,000 commercial in the PUD. Council indicated to make a change a market study
would have to be done to understand what the implications would be to downtown and
that a traffic study must be completed. The market study cost was shared 50/50 with
the developer and the traffic study costs were borne by the developer. Staff
recommendation was to approve. The market study concludes that there will be no
harm to downtown. The traffic study concludes that the existing roadways can handle
the additional traffic generated. The 180,000 ft proposed retail and office is within the
limits of the comprehensive plan. The site plan is substantially similar to what the
council previously approved. The uses and size of the buildings ensure neighborhood
orientation and pedestrian activity. Glen LeRoy, of Gould, Evans, Goodman, Assoc.,
who had done the city's comprehensive plan, made a presentation to back up the
comments of Mr. Baker. He said that Fairhope downtown is unique and can't be copied
will remain the focal point. That the traffic analysis coordinates land use and traffic.
He recommended a roundabout on Section Street as a means of traffic calming and
would enhance pedestrian crossing. He said this was not a part of proposal. But it
changes the area from high speed to rural setting. That with the traffic and market
studies being done he can only conclude it does now conform to the comprehensive
plan. The public hearing was opened and three residents spoke - 2 questioning
additional traffic and one asking if after this approved can he come back again. She
was told if the commercial not sell he can come back and request more residential.
Larry Green asked for clarification where the walking spaces located, about right in
(only Greeno Rd)right out(Section St) about match ups of exits, and rationale of
vacancies on Greeno Rd. Mr. Dyas and Mr. LeRoy answered questions satisfactorily,
and as a result Dick Charles commented that he could tell a tremendous amount of
work went into this, and moved to recommend approval to the City Council. Ed Brinson
2"d the motion and it carried unanimously.
There being no further business, meeting was duly adjourned at 6:30 PM.
Larry Green, Chairman
Betty Ri enbark, Secretary