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HomeMy WebLinkAbout09-02-2003 Planning Commission MinutesThe Planning & Zoning Commission met Tuesday, September 2, 2003 at the City Administration Building, 161 N. Section Street at 5:00PM in the Council Chambers Present: Lang Green, Chairman; Bob Gentle, Dan McCrory, Bob Clark, Dick Charles, Lee Turner, Ed Brinson Absent: Tim Kant, Jean Wilson The minutes of the August 4, 2003 meeting were duly considered and approved on motion by Dick Charles, 2"d by Bob Gentle and unanimously carried. ZC03.05 Public hearing - rezone request from 134-Business and Professional Office to B2-General Business, request of Treasure Properties for property(generally located at the northwest corner of Morphy and Greeno)Mr. Baker commented that this had come before them at the May meeting and went to the council with a recommendation of denial. The council considered it at their June 23 meeting and sent it back to the P&Z for further study. In his recommendation he said if the commission feels that the compatibility issues can be dealt with by use of deed restrictions they could vote to approve, likewise if they do not want to enter into deed restrictions(with city enforcement) then they should vote to deny. Sam Irby spoke for Treasure Properties saying that after legal research and consultation with the city attorney (who issued an opinion) they are presenting same request and proposing to put deed restrictions on the property which will limit to B4 uses, only for drugstore, and owner will put up extensive buffer to satisfy the issues raised about rezoning this piece of property to B2: He said they think it is the right thing to do, will enhance the property and the growth will be beneficial to the city. Ray Moore spoke showing the schematics and went over detention plans. Austin Simmons, of Eckerds Corp., also spoke citing growth studies and saying this is best corner to do business in Fairhope and they wish to enhance the local area. Speaking against plan were Claire Gray, Eloise Rowe, Andy Allegri, Joyce Bishop and Marjorie Ewing. Cristopher Baker said he had also gotten a call from Matt Dial and letter from Dr. Michael Quinn against proposal. Dick Charles read memo from Jean Wilson(who was not able to attend meeting)who was against rezone. Further discussion led to a motion by Dick Charles to recommend denial to city council. Bob Clark 2"d the motion. Motion to deny carried with following vote: For motion- Dick Charles, Larry Green, Bob Gentle, Dan McCrory, Bob Clark. Against motion — Ed Brinson, Lee Turner. ZC03.10 Public hearing -rezone request from R2-Single Family to 64- Business and Professional Office by Dyas Development, for property(generally located north of Nichols, east of Ingleside and west of Greeno Rd) Mr. Baker commented that Mr. Dyas is representing the property Planning & Zoning Commission Page two — September 2, 2003 owner and that the property has a house on it. The property to the east zoned industrial, north is zoned R4-Multifamily and the west is R2 Single family. He said further B4 has been used as a buffer between residential and commercial and recommended approval. Mr. Dyas said that Fairhope Title and Survey is wishing to relocate and would like to move their office onto this property. Questions were asked and answered about proposed parking. The owner of Marine Exhaust spoke saying she just wants for the record to let it be known that they are there and that they don't wish to be asked to change things as they are now if Fairhope Title moves there. Larry Green also wished it be noted in the record that any construction permits let on the property contain B4 restrictions. All comments answered satisfactorily, Dick Charles moved to recommend approval to city council of zone change. Ed Brinson 2"d the motion and it carried unanimously. ZC03.11 Rezone request from R2 Single Family Residential to PUD Planned Unit Development, by Bobby Clark/Pat Achee for Moorehaven Retirement Village(Generally located at Windmill and Cty Rd 27) Mr. Baker in his comments said this had come before the commission as an informal review and positive input was given and as a result the application is being presented now. He stated further that multi- family and only B4 uses will be allowed. He recommended if approved the commercial backing on Windmill should either be totally screened from view or have 2 sided architecture. Charlie Bassett, the engineer, spoke for the applicants. He said they will have a gravel parking lot, two offices on front and 7 duplex units in the rear. He said that this proposal will provide a buffer on Cty Rd 27, they feel like it complies with the comprehensive plan and will contribute to village center concept. Ray Walley spoke citing water problems, several Quail Creek residents spoke citing traffic problems already on Hwy 27 and County's plans for the road and handling of water in this project. It was noted no zoning exists on adjoining portions of Hwy 27 in the County and so could be developed commercially at any time. Further discussion led to a motion by Dick Charles to recommend approval to city council with staffs recommendation, Bob Gentle 2"d the motion and it passed unanimously. ZC03.12 Public hearing — Craig Dyas amendment to the Trentino PUD regarding building height(Generally located north of Parker Rd and west of four -lane) Mr. Baker commented that when approval was given for the Trentino PUD a maximum height of 30 feet was approved. Since that time Mr Dyas has experienced difficulty in home designs with this requirement. Planning & Zoning Commission Page Three — September 2, 2003 He said currently Rock Creek, Sandy Ford and Village North allow 35 feet. Trentino is the lowest at 30' to the ridge of the roof and increasing building height to 35' would make the same as adjacent properties. He suggested making the same as the county so there exists equality between the regulations and all adjacent property owners. Mr. Dyas spoke citing topo problems, and handed out drawings showing proposals of homes he wishes to build in PUD. Several Sibley Square residents spoke saying when PUD approved they were assured no adjacent houses would be taller than tallest house in Sibley Square. Mr Dyas said he has never built anything that was not "top rate" and would not do so now. He also said this property is lower where it adjoins Sibley Square. Further discussion led to Mr. Baker suggesting approve how county measures — which is 35 feet from grade to mean between eave and ridge. Bob Gentle moved to accept staff recommendation and recommend same to city council. Lee Turner 2"d the motion and it carried with one no vote by Larry Green. SD03.47 Minor Plat approval of Mallory Estates(Generally located south of Twin Beech Rd just west of Thompson Hall Rd) Mr. Baker said Steve Dunnam was representing the owner, A J. Mallory. The property is outside the city and is not zoned, containing 40.14 acres and they are proposing to create 4 lots. He recommended approval subject to showing the reserved ROW east and west on the plat. Discussion led to a motion by Lee Turner to approve with staff recommendation, Dick Charles 2" d motion and it carried unanimously. SD03.49 Public hearing - Amendment to the Subdivision Regulations with regard to Jurisdictional area, water service and sewer service. Mr. Baker said this is three proposed amendments to the subdivision regulations that have been reviewed by legal staff and he recommended approval. The public hearing was held and no comment received. Lee Turner moved to approve as presented, Ed Brinson 2"d the motion and it carried unanimously. SD03.50 Public hearing — Amending the Comprehensive Plan regarding the Jurisdictional Area, increasing to five miles. Mr. Baker presented a resolution which will go forward to the city council, stating it had been reviewed by legal staff and he recommended it. The public hearing was held with no comment. Lee Turner moved to approve as presented, Ed Brinson 2"d the motion and it carried unanimously. Planning & Zoning Commission Page four — September 02, 2003 SD03.51 Final Plat Approval — Riverstation(General ly located north of Fairhope Avenue, just east of Blueberry Lane) Mr. Baker said this is approximately 9.85 acres containing some 31 lots located outside the city. He said all issues have been met or agreed to and recommended approval. Ray Moore addressed the commission on behalf of the owners. The question was asked if they are addressing the concerns of Mr. Urbanek and how this was going to affect his property. Mr. Moore said yes and they will do what necessary to satisfy concerns. Further discussion led to motion by Dick Charles to approve as presented, Lee Turner 2"d the motion and it carried unanimously. SD03.52 Preliminary Plat Approval of Huntington(Generally located at Old Battles Road and Greeno Road) Mr. Baker said this has been renamed from Oak Hill to Huntington. This is phase 1 of the development containing approximately 40.98 acres and 103 lots and is zoned as a PUD. As part of approval a traffic study was required with the first phase. In his comments he mentioned that during the approval process for the PUD the developer represented that they did not own, intend to own, or have control over the 2 parcels that front Greeno Road and did not know ownership and in fact the site plan that was approved by the Council and Commission showed that area as not part of this subdivision. However, when the plat was submitted it turns out that Homelife Communities does own the property. Miles Jones was present representing the application as was Scott Hutchison and Ray Moore. Discussion followed with the Commission members informing Dr. Jones that they felt that they had been intentionally misled regarding this application and property ownership and Dr. Jones involvement in this. Also, decisions had been made based on Dr. Jones presentation. Dr. Jones said he was only in charge of the infrastructure. Further discussion led to Bob Gentle putting in the form of motion to table any further action regarding this until the principles of Homelife Communities come to talk face to face with the Commission and explain overall development plans. Dick Charles 2"d the motion and it passed unanimously. SD03.59 Review of Fairhope Public Utilities Sewer Extension from the Newton School east to the Fish River area. Mr. Baker said that under Section 11.52.11 of the State Code it states that utilities before extending gain approval from the Planning Commission and this review is to review the location, character and extent so it implements the Comprehensive Plan of the city. He said further that Fairhope public utilities sewer is proposing to extend sewer service from the existing lift station at the Newton School on 32 east to the Fish River area. His recommendation was to approve and the City Council will be authorizing Planning & Zoning Commission September 02.2003 — Page five the project. Lee Turner moved to approve as recommended, Ed Brinson 2"d the motion and it carried unanimously. IR 03.06 Report regarding front setbacks in the Central Business District. Mr. Baker said as a result of discussion at the last meeting he has looked into changing and three ways to view the issue: urban design, property rights and impacted property owner and three options after studying the three views: leave as is; not enforce in the CBD; modify the existing requirements. His recommendation was to leave the regulations alone. Downtown has done very well with the regulations that are in place. Bob Clark voiced acceptance of report as presented. All agreed with recommendation. Under new business, Dan McCrory was asked to chair nominating committee for election of Chairman and Vice -Chairman at the October meeting and poll members. There being no further business to come before it, meeting was duly adjourned at 8:OOP.M. Betty 'venbark, Secretary Lary Green, Chairman