HomeMy WebLinkAbout05-07-2003 Planning Commission MinutesThe Fairhope Planning & Zoning Commission meeting was held on
Monday, May 7, 2003, at 5:OOPM at the City Administration Building at
161 N. Section Street in the Council Chambers
Present: Dick Charles, Vice Chairman; Bob Gentle, Bob Clark, Lee
Turner, Ed Brinson, Jean Wilson (Tim Kant came in at 5:15PM)
Absent: Lary Green, Dan McCrory
The minutes of the April 7, 2003 meeting were considered and approved
with a few minor changes for clarification on motion by Bob Gentle, 2"d by
Ed Brinson and unanimously carried.
ZC03-04 Public hearing, rezone request of Craig Dyas from R2
Single Family to R3TH Townhomes(located at 204 Oswalt just south of
the Methodist church). Mr. Baker was asked his comments and said that
the property is located on Oswalt Street diagonally across the street from
the Methodist church's parking lot and on the west side of the property is
B1 Local Shopping and B4 Business and Professional Office to the south
and east side of the property is R2 The property is 132' x 132' — which is
the size of 2 colony lots. Three townhomes are proposed to be built on
this land. Mr. Baker stated the pros and cons regarding this request on
good zoning merits and said the proposal makes planning sense but
reiterated any approval for the zoning change should include that Mr.
Dyas is required to handle stormwater runoff in accordance with the
drainage requirements in the subdivision regulations. Mr. Dyas spoke on
his behalf and said that 3 townhomes are proposed and will be sold
individually, two story units with rear loaded entrance/exits. The public
hearing was opened and a couple of residents spoke against - citing loss
of privacy, change in zoning would cause deterioration of neighborhood,
and possibly a domino effect in neighborhood. The public hearing was
closed and Bob Clark asked what could be put on property. Chris Baker
said two Single Tax residences, Mr. Dyas is only adding one additional.
Mr. Dyas was asked why the 12' separation in his buildings and he said he
wanted them to be individual, not connected. Mr. Dyas, in answer to one
of the arguments against saying this would not bring more traffic to the
area, that egress/ingress would be from rear by switching station. Further
discussion led to Jean Wilson commenting, this is a nice proposal for the
area and fits idea of comprehensive plan. She moved to recommend
approval to city council with Mr. Dyas handling stormwater runoff in
accordance with the drainage requirements in the subdivision regulations
as per Chris Baker recommendation. Ed Brinson 2"d the motion and it
carried unanimously.
Planning & Zoning Commission
May 5, 2003 — Page two
ZC03.05 Public hearing Rezoning request from B4 Business and
Professional to B2 General Business(Generally located at the
northwest corner of Morphy and Greeno Rd. Mr. Baker stated that
this is current location of Regions Bank and B-4 allows office uses, the B2
General Business is requested because they wish to establish an Eckerds
drug store in this location. He said the property contains approximately
1.66 acres and is bounded to the north with B4 and R2 the West is R2, the
South B2, and the East(across is B2) He said the question is does the
more intense commercial classification make good planning sense at this
location, given the neighborhood and the goals and objectives of the city.
His recommendation was to deny the request. Ray Moore spoke for the
application saying this zoning request and the next item go together. He
said that Regions had outgrown their present location and is seeking a
new location and place to grow. The difference is if /when they move and
if this change approved they have a tenant(Eckerds) ready to move in.
They showed a rendering of what proposed saying they would use the
existing building, just renovate. He said further it is a retail with a drive -up
window. He said it is a compatible use citing businesses around them.
He also said they looked at other commercial property and thought
location by hospital was ideal. Terry Harbin, of Regions Bank, spoke
saying they are committed to the community, need to grow, and are good
citizens. Two other people spoke citing traffic that would be directed into
residential area, and that no other curb cuts should be allowed. Bob
Gentle asked the hours of operation and where would drive thru be
located. Mr. Moore said 9-9PM and north side of building. A letter from
Dr. Quinn(in file) in opposition was read. Further discussion led to a
motion by Bob Clark to recommend denial to the city council as per staff
recommendation. Jean Wilson 2"d the motion and motion passed with one
no vote by Ed Brinson.
ZC03-06 Public hearing to consider the request of Wm.. Daniel
Calhoun for zoning change from R1 Single Family to B4 Business
and Professional office(located at the SW comer of Gayfer and
Greeno Rd) Mr. Calhoun spoke asking for a chance to talk with his
clients(Regions Bank) before considering this request. Permission was
granted.
SD03.19 Preliminary Plat of Destrehan Phase 2(Generally located
west of Booth Rd and north of Twin Beech Rd) Mr. Baker said this
was held over from the April meeting as a request was made that staff
facilitate a meeting between the engineers for the development and the
engineers that did the Cowpen Creek drainage study. He said the
meeting was held and as a result several options were decided for the
Planning & Zoning Commission
May 5, 2003 page three
developer to proceed with in order to more effectively handle the runoff.
Mr. Baker included in his comments information from the April coversheet
for review which included his recommendation from the last meeting as he
said he had no information presented by the developer's engineer before
preparation of this month's agenda. Ack Moore was present representing
Mr. Avent. He said the pond at the southwest corner of the subdivision is
large enough to hold the runoff. He said chimney in River Oaks
subdivision is not functioning, that he assumed it would be the
homeowners association to clean it out if blocked. He said further if this
functions properly, it would have plenty of capacity for the lots planned.
The question was asked would they be responsible for maintenance as
homeowners with the answer being yes. Chris Baker said 11 lots created;
5 would drain to River Oaks and remaining 6 to northwest comer pond.
Ray Moore said that he is okay with what was presented. Scott Hutchison
said he checked the pond to make sure it would handle runoff.
Christopher asked if commission also approved waivers by allowing cul de
sac, greenspace waiver and double frontage lots. Bob Gentle moved to
approve subject to Mr. Moore's certification and calculations that drainage
pond is large enough and this plan is legal with the neighbors. Lee Turner
2nd the motion and it passed unanimously.
Continuation of ZC03-06 Wm Daniel Calhoun zoning change from R1
Single Family to B4 Business & Profession Office as stated above.
Mr. Baker had commented that this proposal is clearly contrary to the
Comprehensive Plan as the plan contemplates the future development of
the city in a series of interconnected villages. That this comes under
definition of strip development. That they desire to developed front portion
as a bank and save the rear portion of 40 acres for residential at a later
date. He recommended denial because the proposal does not follow the
form of development the plan contemplates, and there is other property
already zoned to allow for a bank in the Greeno Rd area. He said Ray
Moore already said this application goes hand in hand with Regions Bank
request considered earlier. That they would have the same hours as they
do now. He was asked about curb cuts and said one would be on Gayfer
and one on Greeno Rd. Drive thru would be on the south side. Danny
said further this was a unique opportunity to solve an issue as this
property has been there for a long time and has not sold as R1 as people
consider it not suitable for homes but commercial. He said this is not
speculation they have a user, Regions Bank. The public hearing was
opened and Ben Barnhill and Bob Walker spoke saying they had no
problem with what proposed. Mark Costlow and Hop Allen spoke against
proposal. Larry Stejskal spoke saying he is adjacent property owner
Planning & Zoning Commission
May 5, 2003 - Page four
and he supports Greeno being a community but this is not what he wants
for this property. David Sutley spoke for the bank saying they are good
citizens and they have a passion for the community. Further discussion
led to motion by Jean Wilson moving to recommend denial to the city
council. Lee Turner seconded the motion and it passed with one nay vote
by Ed Brinson.
SD03.23 Final Plat of Silverwood Phase 3(Generally located west of
Cty Rd 27 south of Hwy 32) Christopher had commented the property
was approved by the commission a number of years ago but recently
came before the Commission to ask for waivers from the new
requirements as it was built but not finally approved. He had sought the
city attorney's opinion and result was attorney said it would be an
overwhelming hardship to make him comply with changes in subdivision
regulations and start over since the project is substantially completed.
That this is some 25 lots located outside the city and the county has
reviewed the plat and plans. He recommended approval subject to
sidewalks and trees in two years, E & O insurance, and minor corrections.
Discussion followed with motion being made by Bob Clark to approve
subject to staff recommendation, Ed Brinson 2"d the motion and it carried
unanimously.
SD03.26 Minor Plat of Lot 7, Doris Manifold Estate(Generally located
on the south side of Windmill Rd across from Jackson Place) Mr. Baker
commented that this had been before the commission previously but they
are now proposing to subdivide lot 7 into 2 lots. The property is zoned R1
and meets zoning requirements. He said no information has been
provided on drainage but it will run to the southwest. He recommended
approval subject to the needed drainage calculations and construction
required and proof of insurance. Tim Kant moved to approve, Ed Brinson
2"d the motion and it carried unanimously.
SD03.27Minor Plat approval to create another lot(Generally located at
the southwest comer of Morphy and S. Section Street) Mr. Baker
commented that this a .30 acre parcel of property located at the
southwest corner of Morphy and S. Section Street where Wendy Pierce
has a law office and is zoned B2 General Business. The request is to
divide the property, creating two lots out of one. As it is zoned B2, there is
no minimum lot size. No parking is required as it is in the central business
district. He recommended approval subject to the planting easement to
the city being shown on the plat. Bob Gentle moved to grant approval.
Lee Turner 2"d the motion and it passed unanimously.
Planning & Zoning Commission
May 5, 2003 Page Five
Final Plat approval of Sandy Ford, Phase 2 (Generally located east of
US 98 behind Rock Creek) Mr. Baker said this is 23.12 tract of property
zoned as a PUD and phase 1 has been completed; this is phase 2.
Issues associated with this are: it is consistent with the comprehensive
plan; the greenspace has been met according to the site plan; and the
development meets the site plan approved by the Planning Commission
and Council. There were minor corrections noted but he recommended
approval subject to completing the minor corrections. Bob Gentle moved
to approve, Lee Turner 2"d the motion and it carried unanimously.
SD03.29 Minor Plat approval of Magnolia Court(Generally located at
the northwest corner of Magnolia and Section Street) Mr. Baker
commented that this was brought before the commission several years
ago as a 3 lot subdivision and was granted approval but never recorded.
That it is zoned B2 General Business and is located in the CBD. That
they are now seeking reapproval so it can get recorded. He
recommended approval. Bob Clark moved to approve. Lee Turner
seconded the motion and it carried unanimously.
There being no further business, meeting was duly adjourned at 7:15PM.
L 7M-
Betty Ri en ark, Secretary Dick Charles, Vice -Chairman