Loading...
HomeMy WebLinkAbout11-24-2008 Regular Meeting4772 STATE OF ALABAMA X COUNTY OF BALDWIN X The City Council, City of Fairhope met in regular session at 6:00 PM, Fairhope Municipal Complex, Council Chamber, 161 N. Section Street, Fairhope, Alabama, on Monday November 24, 2008. Present were Council President Debbie W. Quinn, Councilmembers: Daniel Stankoski, Lonnie L. Mixon, Michael A. Ford, and Rick Kingrea, Mayor Timothy M. Kant, City Attorney Marion E. Wynne, and Acting City Clerk, Betty Rivenbark. There being a quorum present, Council President Quinn called the meeting to order. The invocation was given by Reverend Don Smith and the Pledge of Allegiance was recited. The minutes of the November 10, 2008 meeting were considered and approved on motion by Councilmember Mixon, with a second by Councilmember Stankoski, and passed unanimously with a voice vote. The minutes of the Special meeting held November 18, 2008 were considered and approved on motion by Councilmember Kingrea, with a second by Councilmember Mixon and passed unanimously with a voice vote. Sherry Sullivan made the following announcements: • The Christmas Parade will be held December 51h at 7:00 PM. • Santa Saturdays will be held December 61h and 131h at the Welcome Center from 10:00 AM-12:00 noon. • She also said they have sent out applications for New Year's Eve. Mayor Kant and Gregg Mims recognized the three 2008 Planning Project Winners, Dillon McKenzie, Tanner Vincent and Russell Silva. Gregg said the students in Mr. Lee's class were presented a photo of Volanta Park and asked to suggest programs and submitted posters. He said these posters with suggestions will be forwarded to the Recreation Board. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 1253. Councilmember Kingrea introduced in writing Ordinance No. 1373. The Planning & Zoning Commission recommended approval of this ordinance, an ordinance for Christopher L. Haley for Parker Place Subdivision with zoning as a PUD conditional upon annexation. The property is generally located at 7220 Parker Road, on the southeast corner of Scenic Highway 98 and Parker Road. The property is approximately 3.79 acres and 8 lots are proposed. 4773 24 November 2008 Jonathan Smith explained the proposed ordinance: STAFF INTERPRETATION: Application History: The applicant is requesting to annex into the City of Fairhope and rezone the subject property to Planned Unit Development. The property is approximately 3.79 acres and is located at the Southeast corner of Scenic Highway 98 and Parker Road. The site is zoned in Baldwin County Commission Planning District 16 with the zoning designation of R-2A (Single Family Residential). The investors associated with the development are as follows: Henry W. Morgan Jr. and Christopher Lee Haley. The issues associated with this request are as follows: Comprehensive Plan: The zoning amendment is not contrary to the Comprehensive Plan. Impacts on Natural Resources: This site is situated in the Fly Creek watershed. The applicant shall take all necessary best management steps during development to minimize runoff of sediment to Fly Creek and maintain the area as naturalized as possible. Staff recommends the lots be cleared as they are sold and ready for a building permit, to minimize soil loss and potential deposition to Fly Creek and recommends minimal land disturbance during construction. Building Height: A maximum building height of 30 feet is proposed for all structures. Density, Setbacks and Lot Sizes: The minimum building set backs are as follows: Front Setback of 15 feet; Rear Setback of 20 feet; Side Setback of 10 feet ; Front Garage Setback of 20 feet. Staff recommends the 8 lots with 20% open space and a maximum lot coverage of 40%. A note shall be placed on the preliminary plat, the site plan and the construction drawings stating the maximum lot coverage is 40%. Pedestrian Circulation: The applicant has worked with the City of Fairhope Director of Public Works, to route the sidewalk in such a way to work for maximum tree preservation. The Eastern Shore Trail runs along Scenic Highway 98. Staff recommends that the pedestrian circulation plan provide pedestrian connectivity in the Southern Common area to the Eastern Shore Trail with minimal impact to the natural vegetation in the buffer and the addition of a sidewalk along Parker Road. Public Street Access: The applicant is proposing a public street to the city. The street meets the minimum street standards; however, the PUD site plan shall be revised to reflect utility easements at the front of lots. 4774 24 November 2008 Screening/ Buffer Zones/ Landscaping: The landscaped buffers along Highway 98 and Parker Road shall remain natural and heavily wooded creating a dense buffer. Any modification to this buffer shall be approved by the Public Works Director. A tree protection and barrier plan specifying the barrier detail shall be submitted for all trees over 20"DBH. Drainage: The applicant is proposing an underground drainage system utilizing three pipes, 300 hundred feet long. Exterior Construction Material: No buildings have been proposed at this time. All building materials used on future development shall be in character and consistent with the surrounding neighborhood developments. Accessory Buildings: All accessory structures proposed in the future shall meet the requirements of Article III Section C2 and Article III Section D 9 of the City of Fairhope Zoning Ordinance. Exterior Lighting: Any lighting from the site shall not spill over on to adjacent properties. Other: All outside agency approvals (i.e., Baldwin County turnout, ADEM, COE, etc.) shall be obtained prior to the issuance of a land disturbance permit. PLANNING COMMISSION RECOMMENDATION: The application was heard on September 2, 2008. The Planning Commission voted to approve conditional upon the following: 1) The following notes shall be added to the PUD site plan: • The required maximum lot coverage is 40%. • Twenty (20) % open space is required. 2) The PUD site plan shall be revised to reflect utility easements at the front of lots. 3) The pedestrian circulation plan shall provide pedestrian connectivity in the Southern Common area to the Eastern Shore Trail. 4) All common area areas shall be maintained by the property owners association including the on -site drainage. The Planning Commission voted unanimously to recommend approval. Respectfully Submitted for Consideration, Nancy Milford B. Gregg Mims Planner Planning Director City of Fairhope City of Fairhope 4775 24 November 2008 Council President Quinn opened the Public Hearing at 6:11 PM. Trey Jinright spoke on behalf of Chris Haley giving an overview of the proposed project. Chris Haley then spoke and requested that the building height maximum be amended to 35 ft. He said when this was before the Planning Commission he did not realize a height restriction of 30 ft. was suggested. Discussion followed on height request and concerns voiced about runoff in this project, Mr. Jinright said he is addressing runoff concerns and heights of surrounding and newer subdivisions were mentioned. Councilmember Stankoski mentioned he did not particularly care for the fact that issues were brought to the City Council before being discussed at Planning & Zoning and the public had no input at that level. He said we need to be consistent with height requirements, as well as any other requirements, in order to be equitable to all. Gregg Mims informed the Council he did not have a problem with height amendment request but it is up to the City Council to approve or deny. That the Planning office is reviewing some of requirements and height requirement is one being looked at. The public hearing was closed at 6:22 PM. In order to take immediate action Councilmember Kingrea moved for immediate consideration, seconded by Councilmember Mixon, motion for immediate consideration passed unanimously by the following vote: AYE —Stankoski, Mixon, Quinn, Ford, and Kingrea. NAY- none. Councilmember Kingrea then moved for final adoption of Ordinance No. 1373 with the 35 ft height amendment to run to the medium roof line. Seconded by Councilmember Mixon, motion for final adoption passed unanimously by the following votes: AYE — Stankoski, Mixon, Quinn, Ford and Kingrea. NAY — none.. Standing Committee Reports — Councilmember Mixon reported on his meeting with the Department Heads. It was announced that the next Finance Committee meeting would be December 81h at 4:15 PM before the City Council Meeting. Special Boards and Commissions — Council President Quinn said in promoting transparency the Council will be receiving minutes from standing boards and committees and reviewing them, they had been presented minutes from: 4776 24 November 2008 Items A-G: Planning & Zoning — October 6, 2008 Board of Adjustments & Appeals — October 20, 2008 Fairhope Airport Authority — October 21, 2008 Recreation Board — October 15, 2008 Council President Quinn said she would like to be able to allow the Recreation Board to advertise for five new employees. Then, Mayor Kant reported only one employee was needed at the moment. A motion was made by Councilmember Mixon, seconded by Councilmember Ford to advertise for one new employee, motion passed unanimously by voice vote. Mayor Kant said this will allow the Recreation Board to start interviewing for people to help install and instruct on the new equipment that will be used in the new Recreation Center that will be opening after the first of the year. Recycling Committee — November 4, 2008 Historic Preservation Committee — November 6, 2008 Joe Birendelli spoke and announced a Historic Preservation Committee meeting with speaker David Snyder and other experts to talk about Tax Credits and Insurance on December 11, 2008 at 6:30 PM and asked permission to hold it in the City Council Chambers. Councilmember Ford moved to grant permission to use the Council Chambers, Councilmember Stankoski seconded the motion and it passed unanimously by voice vote. Ross Hobbs and Joe Birendelli were names also presented as new members of the committee. Councilmember Mixon moved to add these two as new members to the committee. Councilmember Kingrea seconded the motion and it passed unanimously by voice vote. Fairhope Tree Committee - October 16, 2008 Item H — Strategic Planning Committee — Councilmember Stankoski moved to appoint Pam Caudill, John Brown and Diane Thomas. Councilmember Mixon seconded the vote, Motion carried by voice vote with one abstention by Mike Ford. Growth & Sustainability Study Group — Councilmember Mixon moved to add Clyde Panneton and Bethany Craft as members of this group. Councilmember Stankoski seconded the motion and it passed unanimously by voice vote. Mayor's Report - Mayor Kant had made a recommendation for reappointment to the Planning & Zoning Commission of Bob Clark, whose term had expired, for six years to run until August 2012, and reappoint Jean Wilson, whose term had expired, for a six year term to run until August 2013. He also appointed Jennifer Fidler to replace Dan McCrory as the City representative. 4777 24 November 2008 Public Works — Jennifer Fidler — Jennifer Fidler gave a report on the MS4 Program — Stormwater Monitoring Plan. She gave a summary of the MS4 Program and had provided a copy of the interjurisdictional agreement along with a letter from Mobile Group, Inc. (consultant) and a letter from the county clarifying the payment process for Mobile Group, Inc. She said she also had available a booklet on MS4 Program guidance, Statement of Qualifications for Mobile Group, Inc., and storm event monitoring data throughout our watershed. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute an Indemnification and Hold Harmless Agreement between the City of Fairhope, the State of Alabama, and the Alabama Department of Transportation for the traffic signal installation at the intersection of U.S. 98 and Parker Road. Gregg Mims said that this week the traffic light will be ordered, and that it is one of many that ALDOT requires. It was pointed out that this will be paid for by the developer and once installed the city will take over maintenance. Rick Kingrea questioned having second agreement from developer indemnifying the city. Tut Wynne said he did not know what contract documents existed. Further discussion led to Councilmember Ford amending his motion to say that the Mayor be authorized to act accordingly and sign Resolution No. 1473-08 only after he gets indemnification from the developer. Councilmember Mixon seconded the motion and it carried unanimously by voice vote. RESOLUTION NO. 1473-08 BE IT RESOLVED, by the City Council of Fairhope Alabama that Mayor Timothy M. Kant is hereby authorized to execute an Indemnification and Hold Harmless Agreement between the City of Fairhope, the State of Alabama, and the Alabama Department of Transportation for the traffic signal installation at the intersection of U.S. 98 and Parker Road in Fairhope, Alabama. Adopted and Approved this 24`h day of November, 2008 Attest: isa A Hanks, City Clerk 4778 24 November 2008 Councilmember Stankoski introduced in writing, and moved for the adoption of the following resolution appointing the City Clerk. Council President Quinn said she had interviewed Lisa Hanks and recommended the appointment. Councilmember Kingrea seconded the motion and it passed unanimously by voice vote. RESOLUTION NO. 1474-08 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Lisa A. Hanks is hereby appointed as City Clerk. The term of the City Clerk shall serve until the next general municipal election and until a successor is elected by the Council and qualified. Section 11-43-3, Code of Alabama, 1975. Adopted this 241h day of November, 2008. Attest: isa anks, City Clerk Councilmember Ford questioned why we were doing these piecemeal and why the appointment of the Police Chief and City Attorney had not been made. He said the delay was causing questions/problems with the employees and public. Council President Quinn said she had asked Councilmember Stankoski and Councilmember Kingrea to handle these two appointments and that once they had studied the two positions they would report back and these positions would also be handled; that due diligence was being done. Councilmember Mixon introduced in writing and moved for the adoption of the following Resolution, a resolution appointing the City Treasurer. Councilmember Mixon said he had interviewed Mrs. Wilson and recommended the appointment. Councilmember Ford seconded the motion and it passed unanimously by voice vote. 4779 24 November 2008 RESOLUTION NO. 1475-08 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Nancy K. Wilson is hereby appointed as Treasurer. The term of the Treasurer shall serve until the next general municipal election and until a successor is elected by the council and qualified. Section 11-43-3, Code of Alabama, 1975. ADOPTED THIS 24`h DAY OF NOVEMBER, 2008. ATTEST: AIVQ'z'�— Lisa . Hanks, City Clerk Final Adoption of An Ordinance for Election and Appointment of City Officers and City Council as Appointing Authority (introduced at the November 10, 2008 City Council Meeting) was discussed. Councilmember Mixon said he and Councilmember Kingrea had met with the Mayor and they were proposing an amendment to the Ordinance as it was presented tonight. Further discussion of the proposed amendments by the different council members led to decision that immediate action did not have to be taken tonight and a motion was made by Councilmember Mike Ford to lay over the ordinance so it can be presented with the correct wording and studied before presentation for adoption at the next council meeting. Councilmember Mixon seconded the motion and it passed unanimously by voice vote. Bobby Hall, golf pro at Quail Creek, had presented information and addressed the Council requesting permission to renew the annual contract for Quail Creek advertising in The Yellow Book (Eastern Shore Area) and also renew the annual contract for Quail Creek advertising in The Yellow Book USA (Alabama Gulf Coast Area). He explained he had sought bids for advertising and The Yellow Book was the lowest for both and provided a location map. He went on to say he thought advertising is essential in attracting all visitors and those who vacation to the Baldwin County area. Discussion followed and ultimately a motion was made Councilmember Ford to approve both contracts as presented. Councilmember Stankoski seconded the motion and it carried by voice vote with one no vote by Lonnie Mixon. 4780 24 November 2008 Purchasing Agent Dan Ames presented the bid information for the Water & Sewer Department — Annual Contract for Lift Station Odor Control Chemicals. He said after an evaluation of bids, Water and Sewer Supt. Dan McCrory had recommended acceptance of Biomagic, Inc. bid. A motion was made by Councilmember Ford to accept the bid recommendation provided all specifications are met. Councilmember Stankoski seconded the motion and it carried unanimously by voice vote. Dan Ames presented Change Order No. 2 — Greeno Road Pedestrian Improvements (Hoyle Avenue at Greeno Road) for construction services increasing the contract by $4,000.00. Mayor Kant reported he had signed the change order as he had been authorized to do so and it was money covered by the grant and it was still under budget. Councilmember Mixon moved to approve this change order. Councilmember Kingrea seconded the motion and it passed unanimously by voice vote. Paul Ripp addressed the Council regarding the Publix project, presenting documents to be included in the minutes as follows. He said he is a resident of High Ridge Road and his major concern is Parker Road, that literally this area had been destroyed from an environmental prospect. He said he had pursued all avenues in addressing problems with this project and they are not following dictates and had arrived back at the City Council as he had not gotten any answers. He said there are so many issues that he is suggesting an investigative committee be formed and that Publix be directed to come before the City Council and report why they have not followed city rules. 4781 24 November 2008 The documents provided are public record. The Planning and Zoning meetings are consolidated in'06, '07, '08, are my notes handwritten. Please enclose this complaint document in the minutes of the November 24, 2008 City Council meeting planning & Zoning ZC-06.12 Aug 6 Pg.2 "Buffers -A 50' Natural/Landscape buffers off of Greeno Road 40, oannYlandscape buffer off of Parker Road" The buffer on Parker Road starts at the right -of--way line, Appx. 30,40 ft. from pavement. This gives approximately 75 to 80 feet of pavement planning & Zoning Dec. 3 '07 /sr-07-11 Regency Center - Mr. Bill Coates said they believed in developing "Environmentally Friendly". In the same meeting " Mayor Kant asked about clearing out the buffer area on Green Road and was told it would not be cleared out. They were tailing about the enhance area, that all area on Hwy 98 and turning onto Parker Road would not be touched". "A motion was amended to include that the buffer along Hwy 98 and around the corner would not be disturbed, only at the entrance on Hwy 98 and the driveway entrance on Parker Road." Pg.14 "Arthur Corte did say that they agreed to all staff recommendations" (same meeting SR-0741 Dec 3,'07, Pg14 Preliminary Plat Approval, staff "recommendation was to approve conditions upon; A revised landscape plan and a tree survey and protection plan meeting the approval of Jennifer Fidler" May 5,"08, Planning & Zoning SD08-06 Final Plat approval, staff recommendation to approve Final Plat. NO discussions carte up about the developer being able to REMOVE the right-of-way and to REMOVE the buffer area and all trees, fan major pecans. No discussion came up about changing the landscape plea for Parker. Two examples were used by developers, fast the Publix Building would be aPex T deep, resembling the Target in Daphne, and it murrently is appx 28 to 32 fed deep affording the neighborhood the view of the roof; exactly what they promised would not happen. The end result is 100% destruction of every living thing on the site. Furthermore, they destroyed 50% of the buffer area and on Parker Road actually removed it No aerial photo's, no tree survey, no protection plan, no permits to remove buffer on Parker, no notice to City Council, Planning & Zoning or the public about the "Revised Landscape Plan', no on site engineers for inspection oversights, as promised, and no "greenspace" in Public Parking Even more disturbing than this is how our city managers have overwhelmingly favored the developer's every request, while refusing to discuss the matter with the public. Many more questions exist from the Tree Committee, Environmental Committee, Traffic Committee and the Public. There are questions as to haw this project ever was interpreted as complying with the Comprehensive Plan. Many mole concerns about compliance to Storm Water Management The public was promised a lot by the city and the city has not protected its citizens. The entire project warrants a City Council Investigative Committee to answer the questions someone must be accountable for these abuses. The City Council should issue a stop work order or work at your own risk notice to the developer about Parker Road Buffer and Right-of-way. ^ t 4782 24 November 2008 letter to editor letter to editor From: Chris Warner <cemrner®jnindsprinp.com> To:"courierQgutfwastnewspepers.cDn" Subject: letter to editor Date: Nov 19, 200811:08 AM Dear Editor, Not long ago when our community felt threatened by the corporate giant Wal-Mart, many organized to stop them. Fairhope residents were concerned about increased traffic, poor planning and a decreasing quality of life resulting from Wal-Mart's newest development. Many of these concerns were warranted, because Wal-Mart, in retrospect, has done a good job of managing these stated public concerns. Community organizers were successful in being heard, and Wal-Mart acted accoringly, promoting stewardship. There is another large development project in Fairhope that, in my opinion, is much more threatening to our area's well-being with respect to traffic, planning and life quality. Page I of 1 The Parker Road Project is a pefect example of what is wrong with our local planning apparatus as well as its many misguided players. The Parker Road Project does not comply with the comprehensive plan. Moreover, it does not follow the rules and regulations prescribed for the project by our own city planning department. Specifically, the inevitable water runoff and exacerbated traffic issues with respect to the plan, are egregious. The developer intends to build 850 homes behind this big box strip center. The intersection at Parker Road and Highway 98 cannot handle the increased traffic, and neither can the Eastern Shore. It is not the responsibility of the media to do the right thing in these instances. Instead, the people must be proactive toward demanding accountability and integrity from our public officials. our working papers prescribe to prevent such projects from happening, yet they do nevertheless. I encourage concerned citizens to examine what is currently being done at the Parker Road site with respect to the plan approved by the City of Fairhope, and the comprehensive plan approved by the people. There is little rhyme apparent: and the reason is greed. Chris Warner 115 Bonham Lane Fairhope, AL 36532 (251) 213-5006 4783 24 November 2008 08/23/2008 81:38 2519370227 B&DWIN CO HIGHWAY PAGE 01/05 Baldwin Covnty H OM , Commission P.O.BoXft xD3>7• daAL$6576 ' AXX 21;937= Thanks, RDJ ;r 4�y Facsimile: To: Paul Ripp Fax 928.0445 From: RDJ @ Permit Div. Date: August 25, 2008 Re: PublixlParker Rd. Pages. 5, including cover 4784 24 November 2008 00/23/2000 01:30 2519370227 BALDWIN 00 HIGHWAY PAGE 02/05 Rkhald Johnson From: Richard Johnson Sent: Wednesday. Auguet20, 2006 427 PM To: jcx wwo"Oiked.cDrn CC John A. Lnndr Joey tauanay; OM0• SnO; � �@� �0m �1 Marked Subject: Parker Road - Pd* Pr*Ot Attaebments: ROW Pi*w 00,20'M-P l Tracldn9: nedvtene ad my Rod JdMt A� Ddh ed. a AQM 4:I7 PM needs a IUM 7-37 AM bq%w* 0dke-0d IRO b2iRMl�d:l�/�DS4 1Pt1 GMq & Sdtlr Deiwtted tlf20I20064 27 PM W: N2tI= 7:02 AM CDr Mirkert Dented dI20l1000 4:27 FM Rod: y70r=40 PM John: Pleas• see tlrs atlachsd photo9mpM Ww tadaY• Two MM exist that must be Mneradiatdy addressed: 1N -We have not approved the tum lane pw* ertlre proD*W won dmwkgL Thera Is no pemrlited or IaVled Peron for MA OfLtong "of rk Ww L yhg d n 6" in the pictums Parker POW RAAL Thead 12PJW 2ffeet south of the wile of various from 20 to 40 t agng pumnOrd troth M Met Ike out and Waft sham Is encroaddng 16a6 feet orfo # a public RIK The ln* tense that no work on the RAN has ocamad 10 date is not supported by aviderrsa observed in the 6eW. 2M ,.n*� work conducted to br appears not 10 reflect the design:hown in the un-approved cota<trucben Plata * Od to Me 0aldMn Courtly KghNay Depat#wk hoar the plarx have been changed and no revisions were VvAdid for our review Of" cadraclof i4 not following Ore Plans Provided to therm This is vronisome. play dghb =am0 wi an age b� a beck slopepUrre for inin OKW11review 0 trrw Mw a Pdo No e s facades, Wads done by IauPNlr� ere fadC rved sbw of he ��er� a PlOriftdw WP" t Anypublic's edd un•pe oad work condu*donthet adyyRUIsdoneso•atthedevekpefsawn•dek Yours, RDJ Richard 0. Johnson, E.I. 0 Dewy Ho" Gepartn" Perna t>ivislon Central Amex 11 22070lVwNy aRobertsdale. AL 36W Malt: P.O. Box 220 SiiverMll, AL MUS phow Faa: Ci511j 1937.0Q2778 M52008 4785 24 November 2008 08/23/2008 01:38 2519378227 BALDWIN 00 HIGHWAY PAGE 84105 Richard Johnson From: Richard Jototsoo Sent FM* August 22, 2Doe ri M AM To: jwffwon@VoIkeA.com cc Crag B. SrraS Cal markerk. Neal T. $Wwt: Joey f John A handy; Kevin A. Hennetx Mn*na@ofodrope.CQM Sabject Parker RoaNPubllx Poled Tracking: Raspiest D*Mr Pod )MMKae@wldsrtcoa AM GM e. tnM 0e � (y�/lpOb S�9 AM RUM e/nlmol0.09 Col Malmt DehRre� Nzj= SA9 AM pad:1122/'D06 8:14 AM Hwt suet rx e/17!M L19 AM ReKd W AM 30" Mw* De ars& 4221 le M AM Red: y22rM &16 AM )" A. U" DOun:dt N27lM 809 AM Reed: 1pNW 9 /s AM K"A.HV= De ars&NA M9AM KMW-MWa1911:96PM gn*wMMooaSha l= John: As a resedt of mul"oOnrelS &M wrih off" Mama WL, Summit InduSbkw. the Contractor on the Parker Rourublx pro ck Ntay have atlrecd to refrain torn any mora work within the County RAN urdl they are subwy Hs eolroowledped that they mw, , hose beon oVw_aggM$*e in their Wwa worst and have encroadrad Into RAN. Fmowmore, they gomwledge dt* responsD>" b re tM aree to pwalstin6 oonMon N "Cotmly deems neoeesaty. VoIW needs to review the Brie work thready conduded In the R/W and revise the piano eaoordk#y. 9Ms need updated Piene for tnal approval, sWq wine an appltwed engineer's coat emt MUM and band mWng 12FA value of OW es5mste posthaste. It d rite OpWohowever r 0 Mp gram tlmukl�be tcnined graft p or leas) In the RNV Is accePWA to fadllate drainage; hov+ever the Steep grades m rite davNoDmet►ts P WIty. Any design revision must prestos for enough shouklered a � nos an p qmw eight butt radius and acoeleralon roper to the seat from dw propos Parker Road. the most lit gMplassa folre" Ids AN b ari applicable tsd p wAW. The lcngw" sL out am will work vM yours n remelts dlalarb d ordd r, 14 pet these regtired RAN imprevartarlts 000b&W the more "MMpmenW ap mue them Is. Yours, RDJ Word iJ. Johnson. E.I. Planning Wrleer nL Pennk Division Baldwin County Highway ! Central Annex It 2207D Highway 59 Robertsdale, AL 38W Mack P.O. Box 220 SjMNWl, AL 30M Phone: (261) 937-WO Fex: (251) 937-MV 8125/2008 CI�R 24 November 2008 Print Page From: Paul Ripp (fpa�pp@Yahoo•com) To: gregg.mims@w&irhope.com Date: Monday, August 18, 200810:23:16 AM Cc: jwavnmek@bellsouth net; & Subject: Publix Site Mr. Mrms,the issues brought before P&Z on Aug 4, 08 raised many questions yet to be answered. Twice the Publix sit Fly Creek have been compromised. Late Friday afternoon and again this morning excavation along Parker has shrunk 80' setback to only 10' witha 45 degree slope and drop of aPpx 12' to 27' below grade. An explanation is deserved. Thi an accident waiting to happen. Now traffic for the site has to park on one lane of Parker Road. What safety measures prevent a vehicle from going down the grade? The Publix site does not remotely resemble what I witnessed the last 3 years at CounaT and P&Z. My concerns are those outTused - the most urgent being traffic, site violations and enforcer However, otha groups, agencies, and, citizens have miseditn m more serious concerns. I wish to be informed of any and all public meetiongs relative to Publix site. As you may know there is a group considering litigation, seeking a complete review of the entire project I for one hope that this does not happen The N Cormcil President, Council and P&Z remain mute. "Call Greg" is the standard answer when they are questioned. We are in hurricane season with Faye on the way. The rain Aug 7 was appx 1.5 by my rain guage on Higbridge Rd -1 above the site. A serous rain - 4 -7 inches - would be a nightmare. I would hope some sort of dialog among those conemed would prevent a bad situation from becoming worse. 9`1 l'1 Ll 4787 24 November 2008 s Planning & Zoning Aug 4, 08 I request that this document be entered in the minutes of this meeting, not as an attachment. Request the subject of Publix be put on the September Planning & Zoning agenda. Since I only have 3 minutes, I will bWght major concerns and rely on the Board to provide answers at the September meeting, More public information about this project has been requested from the city and will certainly develop further questions that will be submitted to Planning & Zoning in Sept. What we have is a Big Box Strip Center with a traffic problem. Issues: NO TREE SURVEY, SR0741 Dec 3,07 staff rwommenWons #2 A revised lambevo plan and a tree survey and protection plan meeting the approval of Jennifer Fidler. This responsibility is Jennifer ):idler's. How, can you make issue with Shellbrook Point and not Publx? This is a serious issue and warrants a detailed explanation. Buffer Areas discussed with specific guidelines - 50 ft. on 98 - 40 ft on Parker. ZC-06-12 Aug 7, 06, SD7.11 Dec 07, SD7.41 Dec 3, 07, SR07-11 Dec 3, 07, SD08-06 Mays, 08. Six times the issue came up. The buffer zone on Parker was partially cleared, and on 98, from southern comer to 98 entrance and entirely around Wachovia. Please do not use any excuse relative to grade. The property is 213 acres; developers had plenty of room to comply. on WS I spoke with the owner of the Wachoviabuilding and he is very unhappy. He does not understand how Fairhope allowed this to happen and is taken aback that the project was allowed to establish such a monstrosity of a wall on his property line. You can be assured this has depreciated his property, monetarily and aesthetically. Now if a comparison can be made to Hamburger 11111 or Airport Blvd, just view the wall of over 20 & that Is wrapped around an existing business and stripped of any buffer. Set back on Parker is only 401 on the west ending with a drop in grade of 27 feet. We were tdld the Publix would be appx 80 ft from Parker with only a 7 ft drop. Now we will be looking at the roof tops, plus the drop will be next to a sidewalk What about safegrt Parker Road driveway was more to the east than its present location. From the present location, at least 100 ft of buffer is missing. Is this driveway supposed to accommodate 56 ft delivery tucks and exiting cars at the same time? Another concern is the limited distance to Hwy 98 from the driveway, allowing appx. 5-6 cars between. A major problem will exist at this location if left alone. Traffic Congestion is already at max stage at Hwy 98 & Parker. Between 104 and Parker Road will become U-turn aM. The entire ttaffic plan needs attention now, not upon completion. (See SD-08-06 May 5, 08) The plantation pines cut through, as a result of "right tarn only" off of Veterans Blvd. is presently a dangerous situation. The project had major opposition and concerns dating back to Aug 7, 06, ZCo&IZ from the Woodlands, Rock Creek, Parker Road only to be assured what has happened would not happen. Let's not forget there is already one lawsuit against the city relative to the same project. h the answer to the traffic to wait until the filth hour and try to force the Woodlands or Rock Creak to take some of the load? MW 24 November 2008 Let me remind you ofyour previous p3sitions.... F%ip QUOTES: Dick Charles, Baldwin Press 8-9-06 �,� 5� "The majority opinion felt the positive factors outweighed he negative &Ctors for this propertyr' /� k4 t Many surrounding property owners had "unsubstantiated allegations" o LI Jean Wilson, Baldwin Press 8-9-06 'J "I thought there were too may outstanding issues for us to make a recommendation to the City ClI�YYA It Council" / Dan Moore, Baldwin Press 8-9.06 V Said his concern centered on landscape buffers between Corte's development and surrounding properties and the distance between his proposed commercial buildings and nearby roads, such as 98. "Those are permanent fumues" Moore said of the commercial bull er Hill h y are eo screened with %distarce and in a greenbelt manner, it cm begin to look like Hamburg P n ./ Mayor Kant, Citizens for Responsible Government, July 16, 08 "If violations exist with Publix, regarding the buffer zone, report this to the tree committee. I will not issue a certificate of occupancy if the problem is not answered . Is /august 7, 06, ZC 0612 4if v Bob Clark asked about the big box issue with Comprehensive Plan and Artbur said approved in 95 and pre -dated comprehensive plan adoption regarding Greene �ugust 7,06 ZC 0612 Gary Moore suggested at least 100 ft. greenbelt buffer around commercial with 75 ft. on Parker. Two nay votes - More and Wilson SR 0711 Dec. 3, Pg.13 ✓ Gregg Mims said his staff would be monitoring this project and will have2 _ oe2r n s�r� lie e_= 5. SR 0711 Dec. 3, 07 was told it would not be r t asked about clearing out the buffer area on Gad cleared out, They were only talking about the entrance area, that all areas an Hwy 98 and turning on Parker Road would not be touched. SD 08 06 May 5, 08 Bob Gentle said the issue tonight is not traffic Lee Turner agreed saying tlu<t all traffic concerns would be addressed ZC 06 12 Aug 7, 06 Arthur Corti's reply to Bob Clark's reference to Big Box Store issue with Comprehensive Plan W. Corti replied that B2 approved in 95 and pre -dated Comprehensive Plan adoption regarding o_ S Road 4789 24 November 2008 IS IT TRUEV Bob Gentle was the deciding vote on Publix property. ne Publix site is a part of a 49 acre parcel upon which Corte paid $133.00 in taxes last year (2J2 an acre). the county does not recognize that parcel as having been rezoned by Fairhope or they would have to re - access it and bill in wears for 3 past years at a commercial rate rather than timber rates. County revenue map also shows the two small parcels on Parker as separate from the larger 49 acres. Oddly they get current use rate as well! Copies: All Mayor Candidates, Local Press, Rock Greek Homeowners Assoc., Woodlands Homeowners Assoc., City COURCA League of Municipalities 4790 24 November 2008 Ordinance No.1317 Fly Creek — PUD Page •2- DEGREES 02 MINUTES 14 SECONDS WEST, 34.06 FEET TO A CONCREETE MONUMENT FOR THE POINT OF BEGINNING OF THE PROPERTY HEREIN DISCRIBED; CONTINUE THENCE SOUTH 00 DEGREES 02 MINUTES 14 SECONDS WEST, 579.69 FEET TO A CAPPED REBAR MARKER; CONTINUE THENCE SOUTH 00 DEGREES 02 MINUTES 14 SECONDS WEST, 21.32 FEET, FOR A TOTAL DISTANCE FROM THE POW OF BEGINNING OF 601.01 FEET, TO A POINT IN THE CENTER OF FLY CREEK; RUN THENCE SOUTH 35 DEGREES 30 MINUTES 59 SECONDS WEST, 278.76 FEET TO A POINT IN THE CENTER OF FLY CREEK; RUN THENCE SOUTH 58 DEGREES 49 MINUTES 31 SECONDS WEST,154.03 FEET TO A POINT IN THE CENTER OF FLY CREEK; RUN THENCE SOUTH 38 DEGREES 05 MINUTES 48 SECONDS WEST, 15133 FEET TO A POINT IN THE CENTER OF FLY CREEK; RUN THENCE SOUTH 17 DEGREES 39 MINUTES 41 SECONDS NEST, 202.34 FEETTO A POINT IN THE CENTER OF FLY CREEK; RUN THENCE NORTH 65 DEGREES 45 MINUTES 10 SECONDS WEST,120.69 FEET TO A POINT IN THE CENTER OF FLY CREEK; RUN THENCE SOUTH 45 DEGREES 07 MINUTES 09 SECONDS WEST, 95.00 FEET TO POINT IN THE CWTER OF FLY CREEK; RUN THENCE SOUTH 59 DEGREES 59 MINUTES 44 SECONDS WEST,193.06 FEET TO A POINT IN THE CENTER OF FLY CREEK; RUN THENCE NORTH 55 DEGREES 08 MINUTES Ol SECONDS WEST,114.06 FEET TO A POINT IN THE CENTER OF FLY CREEK; RUN THENCE NORTH 79 DEGREES 39 MINUTES 45 SECONDS WEST, 240.69 FEET TO A POINT IN THE CENTER OF FLY CREEK; RUN THENCE SOUTH 71 DEGREES 34 MINUTES 24 SECONDS WEST,146.36 FEET TO A POINT IN THE CENTER OF FLY CREEK; RUN THENCE SOUTH 08 DEGREES 00 MINUTES 08 SECONDS WEST, 3033 FEET TO A POINT IN THE CENTER OF FLY CREEK; RUN THENCE SOUTH 46 DEGREES 12 MINUTES 14 SECONDS EAST, DEPARTING THE CENM OF FLY CREEK,14.19 FEET TO A CAPPED REBAR MARKER ON THE TOP OF THE SOUTH BANK OF FLY CREEK; RUN THENCE SOUTHWESTWARMY, ALONG THE TOP OF THE SOUTH BANK OF FLY CREEK, 463 FEET, MORE OR LESS, TO A CAPPED REBAR MARKER ON THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.98, LYING SOUTH 65 DEGREES 33 MINUTES 52 SECONDS WEST, 430.57 FEET FROM THE LAST CALL ED MARKER; RUN TH314CE NORTH 19 DEGREES 31 MINUTES 15 SECONDS WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, 468.75 FEET TO A CAPPED REBAR MARKER; RUN THENCE NORTH 70 DEGREES 06 MINUTES 38 SECONDS EAST,197.79 FEET TO A CAPPED REBAR MARKER; RUN THENCE NORTH 19 DEGREES 51 MINUTES 15 SECONDS WEST,140.00 FEET TO A CAPPED REBAR MARKER; RUN THENCE SOUTH 70 DEGREES 06 MINUTES 38 SECONDS WEST, 217.79 FEET TO A CAPPED REBAR MARKER ON THE AFORESAID EAST RIGHT-OF-WAY LINE; RUN THENCE NORTHWESTWARDLY ALONG SAID EAST RIGHT-OF-WAY LINE, FOLLOWING A CURVE TO THE RIGHT HAYING A RADIUS OF 8054.00 FEET, AN ARC DISTANCE OF 90537 FEET (CHORD: NORTH 16 DEGREES 36 MINUTES 31 SECONDS WEST, 904.89 FEET) TO AN IRON PIPE MARKER; RUN THENCE NORTH 76 DEGREES 29 MINUTES 38 SECONDS EAST,182.02 FEET TO A CONCRETE RIGHT-OF-WAY MONUMENT; RUN TIIEINCE NORTH 03: DEGREES 101vtINUfES 54 SEC,ONDS WEST, 13.59FEET TO AN IRON PIPE MARUR ON THE SOUTH Pi GH OF WAY.LINE OF PAIR ROAD;.1tUN THENCE $OUTH 8$ AEGTZEES SS M]NUTES 29 SECOND$ EAST, ALONG T1iE SOUTHRIa1iT bF-WAY,... `bFPARI{ERR,6'- 2, " FE TOO -IRON, 4791 24 November 2008 Ordinance No.1317 Fly Creek —PUD Page -3- PIPE MARKER; RUN THENCE SOUTH 89 DEGREES 57 MINUTES 23 SECONDS EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 512.61 FEET TO A CAPPED REBAR MARKER; RUN THENCE SOUTH 00 DEGREES 06 MINUTES 15 SECONDS WEST,148.00 FEET TO A CAPPED REBAR MARKER; RUN THENCE SOUTH 89 DEGREES 57 MINUTES 23 SECONDS EAST,148.00 FEET TO A CAPPED REBAR MARKER; RUN THENCE NORTH 00 DEGREES 06 MINUTES 15 SECONDS EAST,188.00 FEET TO AN UNCAPPED REBAR MARKER; RUN THENCE SOUTH 89 DEGREES 59 MINUTES 03 SECONDS EAST,168.05 FEET TO A CAPPED REBAR MARKER; RUN THENCE SOUTH 00 DEGREES 28 MINUTES 32 SECONDS EAST, 7.13 FEET TO A CONCRETE MONUMENT, RUN THENCE SOUTH 88 DEGREES 10 MINUTES 42 SECONDS EAST, ALONG AN OLD POST AND WIRE FENCE,180.35 PET TO A CONCRETE MONUMENT; RUN THENCE SOUTH 88 DEGREES 14 MINUTES 00 SECONDS EAST, 695.46 FEET TO THE POINT OF BEGINNING; CONTAINING 53.33 ACRES, MORE OR LESS. A map of the property to be zoned is attached as Exhibit A 1. That, Attached as "Exhibit A" is an approved site plan. The property must develop in substantial conformance with the approved site plan. 2. That, the following development regulations shall govern: VJBuilding Heights: -• Residential- 35'; Mixed-Use/Commercial- 40' Connectivity: • The street stub -out into the Woodlands Subdivision indicated on the Outline Development Plan shall be dedicated and maintained as a natural easement and shall remain unopened. Development Phases: • Construction for any portion of this development abutting Rock Creek Subdivision or Sandy Ford Subdivision shall be allowed but street stubs shall not be constructed or connected to Rock Creek Subdivision or Sandy Ford Subdivision until the site is connected to County Road 13. • A bridge over the wetlands shall be installed connecting the northeastern - most section of the development to the southern portion of the development, or the subject site must be connected to an additional access point before the portion of the property between the wetlands and the Woodlands Subdivision is developed. Buffers: • 50' NaturaULandscaped Buffer off of Gremo Road; 40' NaturaULandscaped Buffer off, bf the existing Parker koad Setbacks: 9 Single Family Lots Abutting the Woodlands Subdivision: Front Setback- 4792 24 November 2008 Ordinance No.1317 Fly Creek — PUD Page -5- The property (05-46.02-04-0-000-001.00 and 05-46-02-04-0-000-002.000) is hereby zoned as a Planned United Devel_ _ concurrent with Annexation. This property shall hereafter` a 1aw i to construct on such property any structures permitted by / Ordinance No.1253 and to use said premises for any use permitted or building sough to be erected on said property shall be in compliance with the building laws of the City of arrhope and that any structure shall be by Building _ Officiala City of wa ope at eny strut �e u�m comp with sucwing the requirements of Ordinance No:1253. The property (0546.03-08-0.000-001.000 and 05-46-03-08.0-000-003.000) Is hereby rezoned 0-2 General Business to a Planned Unit Development (PUD). This property shall hereafter be lawH to construct on such property any structures permitted by Ordinance No.1253 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Official of The City of Pairhope and that any such structure be erected only in compliance with such Iaws, including the requirements of Ordinance No.1253. 3e0erability Clause - if any part, section of subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not -be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date —This ordinance shall take effect immediately upon its due adoption and publication as required by law. Adopted and approved this 2P day of October 2006. " Attest: Geniece Johnson, City Clerk Attachment - Approved Amendments: Timothy M. Kent, Mayor 4793 24 November 2008 liningVrJ j� Call to Order 2. Approval of the r City of Fairhope and Zoning Commission Agenda 5:00 PM City Council Chambers May 5, 2008 Minutes of the Ap ' , 2008 Meeting 3.4 Consideration of Agenda IV SD 08-06 r W wsoest of Steve Pumpbrey of Volkert & ciates for Final Plat approval of Fairhope Village at Fly Creek, Phase II. The property generally is located on the southeast comer of the intersection of U.S. I-Eghway 98 and Parker Road. B. Sl) 08-07 Request of Joe Bullock of EDS, LLC for Final Plat approval of Steel Branch ubdivision. The property is generally ocated just south of the street stub -outs for w rQ uail Creek Drive and Dover Lane. C. IR 08-03 Request of Pierce Kaylor for Informal Review of a 28-unit development for property located on the northeast comer of Fairhope Avenue and Brown Street. 4. Old/New Business Neel -Schaffer Planning (Traffic) Analysis Update. • TTighway 181 Access Management Plan discussion and adoption of Resolution. 5. Adjourn 4794 24 November 2008 The Planning & Zoning Commission of the City of Fairhope met Monday, May 5, 2008 at 5:00 PM at the City Administration Building,161 N. Section Street in the Council Chambers. Present: Jean Wilson, Chairman; Tim Kant, Fran Slade, Dan McCrory, Gary Moore, Dick Charles, Lee Turner, Bob Gentle. Gregg Mims, City Planner; Jonathan Smith and Nancy Milford, Planning Department; Chris Gill, Attorney; Betty Rivenbark; Secretary. Absent: Bob Clark Jean Wilson welcomed our new member Fran Slade. The minutes of the April 7, 2008 meeting were duly approved on motion by Dick Charles, 2nd by Bob Gentle. Gary Moore and Fran Slade abstained. Motion carried. SD08-06 Final Plat approval of Fairhope Village at Fly Creek, Phase IL 19. Volkert & Associates is representing the owner Arthur Corte. Property generally located on the southeast comer of the intersection of US Highway 33 98 and Parker Road. Jonathan Smith gave the staff report saying the eZ �� 011' property is zoned as a PUD and has a total site area of 42. r with Sir: three lots indicated on the plat. The Fairhope Village at Fly Creek subdivision received preliminary plat on December 3, 209 and the PUD zoning was granted by the City Council on October 23 2006. This property is being developed in phases and Phase I of the development received subdivision approval on April 7, 2008. This subdivision application is for the second phase of the deveroTm—effira—Fa includes Lot 3 as indicated on the Phase II plat. The initial site plan for the Fly Creek PUD shows the property included in lot 3 of the subdivision to be developed into residential lots and townhomes. Staff recommendation was to approve the Fairhope Village at Fly Creek, Phase II. Steve Pumoluev waspre�ent re�resentin b & Associates and said he would be glad to answer any questions. Ms. Wilson said that two people had signed up to speak and called on the first one who was Dr. H.C. Mullins of 7395 Parker Road. Dr. Mullins had given the commission members copies of two letters right before the meeting, both pertaining to this project. He asked that they be included in the minutes and then referred to the issues he had stated in his letters, safety, traffic flow and road quality. He had submitted the first one in July 2006. Letters shown below: 4795 24 November 2008 R. C. Mu1113s, M D. 7935 Parker Road FsirhoM Alabama 36532 May 5, 20D8 Fakhope Planning and Zoning Board P.O. gar 42D Re: Z.0 0� 46 Fdrhope, AI 35M Dear Board Members: The following is submbkd in response to the latest proposal for the Fly Creek PUD. Attached Is a copy of a Idler outlining my eater concerns, abmhed to you in August of 20D8. I am in gaeral very %"ortivs of to development as described. but two serious corms b*W b POW Rood: S*4 Tralic flow Road quaHy, Recommend®tlae: 1) A requlromwd for turning lanes for Wiic both entering and kling Parka Road on to sad side of US 98 2) That vie design and spa99edlons for upgrednglhebuildng Parker Road Iaquya: a. That the base Mquremeds be adfident to awfaln the type of traffic arficipalml with full development of the PUD, corrawmal raskbnhal (The acre may totally Irt�quats.) as veep al b. PaAur Road to be a dvided 4lane bohlevad (as assured at ths Pubic meeting held to reme a 5 erne residential parod on Parker Rood to business). 3) Ths sidewalk on the south side d Parka Road eAwW east from US 98 tD Hlgtuidpe Road. Rationale: 1) The that ddanoes from the US g8 Parka Road intersection witl allow only a few an between the anbanoeladb to the proposed Vocary stongcommadal area resulting in »vas congestion That an be alleviated iw4what by timing lanes as suggested shove. 2) The sidewalk r OATN* shown ads short of Figtvidge road, falling to pro" ads vrsf ft for both dddren and adults living on Fgghddge Road. 3) Parker Road was originally a dirt and gravel road. The base under tfe aurfsa orphan put In plaa O en It was oxwerled to a payed road is "Won" The wMdpsied trait to the fist phase of wrawdel development could resat in severe damage. 4) I"ly, a 4 lens road wit to necessary to enec ve9 handle Mrs a" and ending the PUD from Parker Rood, ospadapY the mrpedlon manlicred In 21 4796 24 November 2008 abon, and wan more so with fag PUD deudaprtbrd 5) The design send spedflatlons moulred for Parker Road In this Initial phase of denlopmed mast take irto accursed his h&O Ind development of the PUD with the tremerdoae anwnmt of anticipated tralfle on Parker Road to and from boM oommerdal and residentlal area. The imgiel design and specifications for a dM od 4 [am road with an adequate base Is needed for this Initial phase but is absolutely essential for Ma long term. Sincerely, K C. ML", Jr. 4797 24 November 2008 & C. Mullins, M.D. 7935 Parker Road Fairbope, Alabama 36532 July 28. 2008 Faktape Plarning and Zoning Board P.O. Box 429 Re: LC 06.12 Fsltwpa, AI 3e5M Dear Board Members: The folovtng Ia wbmdted Mn response to your letter of July 10 regardkg the proposed Fly Creek P110. My home and prop" le hrnedmtely a4awd to and north of t m proposed developed d. I have reuiswed tins plat made avaeable earlier and have met with both the developer and ere enghmenkg company. Thoto I am wDDMft of the development as described, I have two quegWM concerns, and recommendations that are listed below. oestlona of&. 1. What are the recommendattons of the r"aty of Fakhope Traffic Commb@e for the u5 98 corridor between HWrway IM and Parker Road both In general and for the future, as roparde tNs proposed devebpnrmr0 What do traffic slides of the 2. What Is the poa Baldwin Coady Conrnkalon regards sldon ft corridor as ? 3. What are the recommerdado s of the State DOT iegardsg Me plans for ads development and the b re7 4. What is Ma request of tha developer regarding traffic flow, traffic BgMMs, etc to accommodate the development? M i. What spelt provislons are planned far privacy 7 2. What are the specific location and d MWdIona f0ra'green bete'? 3. What are the spedec plans for a*" fxoPasd development from the East end of Parker Road? 24 November 2008 Future What erAeaaooh Ina Prooartr, adrtenbe d some from the proposed development to both the Esat ad South skle my property? C .Ts and Recommendations The Problem The US 98 corridor from State away 104 to Parker Road is e*enely dangerous and unsafe. The proposed Fly Creak Pr*Ct along with the proposed East Bay Development A result In a tremendous increase In traffic along this corridor and an Parker Road proper, rendeinp o much more dangerous and much less safe. Conditbna for Support of Devsloprnem Unless a meaneghd solution to do arrtldpatsd danger an be assured,1, and most all reddents in the a?ohng arm clrargly oppose the approval of this development. Reeomreadatlon Alter sp Wft w1h Fwhops, Baldwin County, and State DDT dtldals, the f leg is MY personal nammmandation for traffic flow on the US 98 condor from 104 to Parker Road. A proper kdeM" at HghuM 104 and US 98 A proper kmrdserrpe at Prier Rued and US 98 Cbse so crossovers on US Be between 104 and Parker Road At the k baection of the north extension of Seaton Street and US 98, allow only a right turn (South} Allow orly right turn In and right tun out on US 98 from 104 to Parka Road A proper Interchange at the inn Wlon of Section Street and Hghway104 HOW An adequate green belt be present on aX boundaries to assure privacy for sd*W pmpenty camera. A privacy forks be placed bscween roy property and the Propoeed development The entrance to the Proposed developmet at the Fad and of Parker rood be engineered so that lt does not Holde the privacy of my Personal property Fub Access To Adloinina Pmve ProyWm for f rlue access to my property on both the East and South aloe. 4799 24 November 2008 I win attend the heating on August the 71 and look forward to hearing your responses and Kwbiy making some verbal comments. skrwely, H. C. WIN, Jr. Discussion was held between the commission members and Dr. Mullins on these concerns with all agreeing that they are legitimate concerns. Paul Ripp of High Ridge Road also spoke saying ditto to letters being included in the minutes and that the Parker Road intersection is a nightmare now, that the boulevard question has come up before. hA�p tm hrp,y_w s Uj how the traffic is propnced to he handled and wha a ned i rovem nts he said he not know, did not ave the tans and was not re ared to answer this estion tons m. regg said Curren y l- T has a permit pending on Par er Road EVO11 24 November 2008 Phase I and as the balance of these come in they will have to come back and submit preliminary plat with traffic data. He said when the PUD was approved there were discussions on improving Parker Road and that plans have been submitted to ALDOT and they are looking at them right now and there will be extensive road improvements. Included in these improvements are add itiona um lanes and deceleration�anes on Greeno Road, additional lanes on Parker Road, and a traffic signal at Parker Road and Greeno Roa�c e said the question of the base being strong enough is a legitimate concern and that will surely be looked into. He said Wayne Curry of ALDOT is here tonight if anyone wanted to ask him questions. Further discussion led to Iip> , es saying that since these letters were not pLejollLed until i!29=ick e mo at a r e d -la ed 30 da s to 've tistions presente . Motion di for lack of a second. Bob issue tonig t is not the traffic issue. Lee Turner agreedraffic concerns would be addressed and moved to accepme to dation to approve. Motion carried with one no vote by Dick Charles and one abstention by Fran Slade. SD08-07 Final Plat approval of Steel Branch, Thompson/Achee. EDS, LLC. is representing the developers. The property is generally located just south of the street stub -outs for Quail Creek Drive and Dover Lane. Nancy Milford gave the staff report saying the property is zoned R2 containing 9.55 acres and 18 lots are planned. Preliminary approval was given on July 2007. Staff recommendation was to approve contingent upon any deficiencies identified at the time of final inspection shall be corrected. Jeff Wright 18960 Quail Creek Drive spoke citing a huge drainage problem, that his back yard is washing away, that on an original drawing a swale was shown and that has gone away. George Thorpe, 18951 Quail Creek Drive spoke citing drainage, asking about lighting of sign and also requesting a speed hump. He said that he heard villas were going to be put in and was told no, that these are single family residences. Joe Bullock in response to comment about swale not on plans said that it was decided to keep some trees that would have been removed to put swale in instead of doing swale decision was to keep trees, and they were contacted today about drainage and will definitely look into problems mentioned, they will work with the'property owner. He also said some of the problem might be Copper Key not this development. He said there is a catch basin at the rear of the property. Jean Wilson asked if the water flowed south and he said yes. Bob Gentle said isn't there a catch basin at the southeast corner of Copper Key, Joe said yes. Gregg and his staff were also asked to work with Mr. Wright and EDS in solving drainage problems mentioned. All comments answered, a motion was made by Dick Charles to accept staff recommendation for final plat approval contingent upon any deficiencies identified at the time of the Final Inspection shall be corrected. Gary Moore 2w the motion and it carried with one abstention by Fran Slade. Mayor Kant told Mr. Thorpe that he should direct his request for a stop sign to his office to be considered. 4801 24 November 2008 2. 9 City of Fairbope Planning and Zoning Commission Agenda 5:00 PM City Council Chambers December 3, 2007 Call to Order Approval of the Minutes of the November 5, 2007 Meeting Consideration of Agenda Items: A. ZC 07-07 Request to consider the application of Scott A. Hutchinson of HMR, LLC for a PUD (Planned Unit Development) Amendment to the Village North PUD (The Triangle). The property is located on the north and south sides of where Section Street (Eastern Shore Parkway) meets U.S. Highway 98. B. ZC 07-08 Request'of Doug Bailey of Hh% LLC to amend the Swim Fitness Tennis Center PUD within the Rock Creek Subdivision. The Property is located on the south side of Honours Lane, just north of the Tennis Courts in Rock Creek. EC�SDRequest of Doug Bailey of HMR, LLC for Minor Subdivision approval of Park Lane Town -homes Subdivision; two (2) lots are proposed. The property is located on the south side of Honours Lane, just north of the Tennis Courts in Rock Creek. D. SR 07-11 Request of Arthur Corte for Site Plan approval of the Commercial Retail Shopping Center in the Fly Creek PUD (Planned Unit Development). The property is located on the southeast comer of U.S. Highway 98 and Parker Road. 4802 24 November 2008 ?P v11 '00 �J '6%�'� toe The Planning & Zoning Commission met Monday, December 3, 2007, at 5:00 PM at the City Administration Building,161 N. Section Street. Present: Jean Wilson, Chairman; Tim Kant, Dan McCrory, Bob Clark, Gary Moore, Dick Charles, Lee Turner, Ed Brinson, Bob Gentle. Gregg Mims, Planner, Jonathan Smith, Nancy Milford, planning staff. Chris Gill, Attorney, Betty Rivenbark, Secretary. Absent none. The minutes of the November November 5, 2007 meeting were duly considered and approved as written on motion by Dick Charles, 2nd by Ed Brinson. Dan McCrory and Gary Moore abstained as they were not present at the meeting. ZC07-07 Request colt A. Hut inson of HMR, LLC to amend the Village North PUD (The Triangle he property is generally located on the north and south side action Street (Eastern Shore Parkway) meets U.S. Highway 98. Jonathan Smith gave the staff inte e ' n saying the subject property consis s o 108+ acres and was previousl aonroved as Village North PUD. He said the first Villorth was layout; I ne commerclai secuum ui uirs utwoluvincnt navy uv— • ••y� �- and a 46,031 big box footprint is shown. The 2002 plan has a maximum 18,000 sq ft single tenant building. The previously approved and newly proposed plan allows for 180,000 sq ft of commercial area. The 2002 plan shows 514 total dwelling units proposed; the new plan shows 494 dwelling units. This is a residential density reduction of 20 units. Throughout the review process the applicant has worked with staff in the following ways: The big box shown on the site plan has been reduced from 54,817 s uare feet to 46,031 s uar r areas hav en revised and the total commercia square footage proposed for the amendment has been reduced from 200 000 square feet back to the original 180,000 square feet. The PUD process allows for creative site design and flexibility. The process is not only beneficial to an applicant; it can also be beneficial for the City to accomplish development and community goals. Each PUD request is unique and must stand on its own merit and falter on its own weakness. Greeno Road borders the property to the east, north is Fairhope R-1(Low Density Single Family Residential) and Baldwin County B-1(Commercial) property. West of the site lies Baldwin County R-2a (Single Family) and Fairhope R-1 property, and south is Fairhope R-1 and R4 (Low Density multi - Family Residential) property. ::1 ? 24 November 2008 Planning & Zoning - December 3, 2007 Page Two issues Associated with this Request: Building A4 ("Big Box' Building A4 shown on the proposed site plan has a 46,031 square foot building footprint. Staff met with the applicant on November 27; 2007 to discuss various issues relating to the proposed amendment. The applicant informed staff that the proposed building footprint could possibly be reduced to 38,000 square feet. Staff feels that reducing the "big box" building footprint to 38,000 square feet is more in keeping with the original ideas and integrity of the 2002 Village North PUD approved Site Plan. The applicant should reduce the 46,031 building square footage to 38,000 square feet. In order to get an idea of the mass and scale of a typical grocery store, staff researched the dimensions of some single tenant grocery store buildings in Fairhope. The square footage for Food world is approximately 42,848 square feet and the square footage for Winn Dixie is approximately 52,000 square feet. Staff contacted Glen LeRoy, who was the Cityrs Planning and Architectural consultant throughout the Village North PUD approval process. Staff requested that he address the issue of the "big box" and the allotted 180,000 square feet of commercial space. His commentary letter is attached to this staff report. Grocery Store Building Placement: The proposed grocery store is approximately 25 feet from the required 40' buffer line along Section Street. The building should be at least 80' from the Section Street Right of Way line. The Grocery Store should set back at least 40' from the inside line of the required 40' buffer along Section Street. While the building may be architecturally pleasing, the architectural features of the grocery store should not compromise the intrinsic nature of Section Street. Architectural Features: The articulation of the "big box" grocery store is very important. The box should be broken up to make it appear to be three or four separate buildings. All buildings fronting Market Street should be similar in architectural style and maintain a pedestrian oriented design. Pervious Parking: At least 25% of all parking areas should be constructed of pervious materials. 4804 24 November 2008 Planning & Zoning Commission — December 3, 2007 Page Three overall Building Height: Maximum building heights are defined for the proposed amendment as follows: 'All residential 35' to the average between the eave and ridge; all businesses 40' to the average between the eave and ridge; Non habitual architectural features have a 50' limit." The applicant has agreed to revise the building heights to reflect typical building heights outlined in the Fairhope Zoning Ordinance. Building heights should be revised to reflect the following: 35' maximum building height for commercial/ mixed -use and live work; 30' maximum building height for residential. Building height should be measured as described in the Zoning Ordinance: "The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof." Building Heights for Buildin s F1 F2 and H1: For the area in which buildings F1, F2 and H1 are positioned, the 2002 Village North PUD Ordinance defines the maximum building height as 25'. Staff feels that this building height is appropriate due to the nature of the area and that the area is part of the primary entrance in to the City of Fairhope. The applicant should revise the maximum building heights for buildings F1, F2 and H1 to a maximum height of 25'. Currently, 40' maximum height is proposed for buildings F1, F2 and H1. Green —space: The area, in which the parking lot is situated between buildings F1 and H1, was shown as a green space area on the 2002 Village North PUD site plan. Staff feels this helps to buffer the project from a heavily trafficked thoroughfare in and out of the City. The parking lot should be revised to show at least half (50%) of the southern portion of the parking lot as heavily vegetated (left natural) green space. This will help to maintain the appearance and integrity of Section Street as the gateway into Fairhope. Percentage of Space Allotted for Retail Development: The 2002 Village North Ordinance (Ordinance No.1163) states: "Village North is limited to 180,000 square feet of office or retail space as set forth in the Site Plan. No more than 60% of such square footage may be devoted to either office or retail use.' The amended plan states: "No more than 70% of the proposed commercial square footage will be devoted to either office of retail use.' Staff feels the amended plan should state: "No more than 60% of the proposed commercial square footage will be devoted to retail use." This will help to ensure a mixture of uses within the development without devoting too much space to either office or retail. Parking in Front of Buildings A2 and A3: The parking lot in front of buildings A2 and A3 should be reconfigured to look like the parking situated in front of buildings A5 and A6. This helps in the continuity of the pedestrian 4805 24 November 2008 Plan & Zoning Commission — Dec 3, 2007 Page four feel and design of the site. Site walkability and pedestrian oriented storefronts is key in a development such as this. Service Way: The "Exit Only Service Way" labeled on the proposed plans should be removed in order to maintain the intrinsic character of Section Street as the gateway into the Fairhope community. With the Service Way as it is on the plans, one will drive into Fairhope and see the corner of a grocery store and a loading/unloading area, rather than the lush buffer area that is there currently. Building A1: Building Al ort the proposed site plan should be removed. The building is not especially significant in the overall pedestrian oriented theme and design of the development. The space gained from eliminating the building will help in eliminating the Service Way off of Section Street to allow for better truck delivery traffic flow off or U.S. Highway 98. The area gained by removing building Al may also be used to makeup for parking spaces lost by revising the parking areas in front of buildings A2 and A3. Buildings A2 and A3: Buildings A2 and A3 could be used for retail establishments as currently defined in the proposed amendment package. The use for buildings Al, A2 and A3 should be restricted to office to limit "strip -style" retail developments along Greeno Road. Building A8: Building A8 shown on the proposed plan should be in the place of the parking lot adjacent to the north, and the parking lot should be in the place of building A8 in order to maintain the character and Integrity of Section Street and pedestrian oriented streetscape of the development. Sidewalks: A sidewalk should be incorporated into the development along the west side of Greeno Road and northwest side of Section Street on the north parcel of the proposed plan. Ordinance No.1163 Village North: All provisions and conditions in the 2002 Village North PUD approved Site Plan and Ordinance shall remain unless otherwise specified by the applicant's submittal package or staff recommendation. STAFF RECOMMENDATION: Staff recommends the Planning Commission review the two approval options listed below and choose the best option for the City of Fairhope: 24 November 2008 Planning & Zon Commission — December 3, 2007 Page Five Optlon A: Approve the proposed Village North PUD Amendment contingent upon the following conditions: 1. The building footprint for Building 4A (Grocery Store) shall be reduced to 38,000 square feet. 2. Building 4A (Grocery Store) shall be at least 80' from the Section Street Right of Way line. 3. Building 4A (Grocery Store) shall be broken up to make it appear to be three or more separate buildings. All buildings fronting Market Street shall be similar in architectural style and maintain a pedestrian oriented design. 4. At least 25% of all parking areas shall be constructed of pervious materials. 5. Maximum building heights for0t(3 mixed usre and live work buildings shall be thirty-five fe94UM AD 6. Maximum building heights for residential structures shall be thirty feet (30'). 7. Building heights for buildings F1, F2 and H1 shall be capped at twenty- five feet (25'). 8. The parking lot between buildings F1 and H1 shall be revised to show at least half (50%) of the southern portion of the parking lot as heavily vegetated (left natural) green space. 9. The proposed amended Village North PUD plan shall state: "No more than 60% of the proposed commercial square footage will be devoted to retail use.' 10. The parking lot in front of buildings A2 and A3 shall be reconfigured to look like the parking situated in front of buildings A5 and A6. 11. The 'Exit Only Service Way" labeled on the proposed plans shall be removed in order to maintain the intrinsic character of Section Street as the gateway into the Fairhope community. The area in which the Service Way occupies shall remain a natural buffer between the Section Street Right of Way and the proposed development. HIM 24 November 2008 Plan & Zon Commission — Dec 3, 2007 Page Six 12. Building Al on the proposed site plan shall be removed. 13. The use for buildings A2 and A3 shall be restricted to office use to limit "strip -style" retail developments along Greeno Road. 14. Building A8 shown on the proposed plan shall be in the place of the parking lot adjacent to the north, and the parking lot shall be in the place of building A8 in order to maintain the character and Integrity of Section Street and pedestrian oriented streetscape of the development. 15.A sidewalk shall be incorporated into the development along the west side of Greeno Road and northwest side of Section Street on the north parcel of the proposed plan. 16.AII provisions and conditions in the 2002 Village North PUD approved Site Plan and Ordinance shall remain unless otherwise specified by the applicant's submittal package or staff recommendation. 0 flp •on B: 1. The 2002 Village North PUD Site Plan shall remain unchanged with the exception of allowing the 18,000 square foot building shown as building H8 on the original plan to expand to 38,000 square feet. The use for the 38,000 square foot building shall be limited to grocery store use only. The 180,000 square foot cap on commercial space within the development shall remain. 'Christopher Baker spoke for the applicant and HMR, he did a slide presentation explaining again what was approved in 2002 and the PUD amendment they are requesting noting the changes on a map. A handout of the slide presentation is in the file. He introduced Bill Metzger who told of the traffic study done for the project, and the developer, After the presentation the public hearing was opened at 5:30 PM and the following people spoke: Cheryl Stankoski handed out a letter asking that it be included in the minutes. She asked the members why have a comprehensive plan if you don't use it? She said no change should be made, leave as is, that everything affects our values, We are unique, keep or be like everyone else. .1. 24 November 2008 Planning & Zoning Commission — Dec 3, 2007 Page Seven �;(d�ba�`ctt�a@I$ Yid 7�Qt th[a b taiIkdW, I)tamuateedjwwAadlopae. ,, ' +� Wes: �ax�e.c�i� exs�t6oni�,7Rp+�e►anaow�isi�ra Ron �e9�o4a�aoar,�0o��di+.. b= {q�ye+dsdd�k, by m����ofi'i1��oP'tli�F+R�� 1C"i+kb)s bDtiaaoSl4fJ+ihadSL: ,..�aw.yv{w��j4rYk(� �r+�y �drarr�odd8x�e"t9�1ct. h bwa; A. ra'lr�a�►ii$auciePllYlnd` 'IVe�d .... 1im���d0�er«abrmu��t�Ait ycoytLd�pci►�dbad¢+t'gr. •id M. 24 November 2008 �doappt@AliclAP�9. r.aua �+ Boa arx,a arse naa a�• HIM 24 November 2008 SfCf1pNC4 �yq,U�EAli1N 4811 24 November 2008 Plan & Zon Comm — Dec 3, 2007 Page 12 Creek, hurt downtown area and local supermarkets. Hank Miner spoke in support of the project. The public hearing was closed at 6:20 PM. The Chairman asked the commissioners for comments and Mr. Metzger was asked again about the traffic study and if it was a combined study, he said no, he went over the recommendations saying that there is good East- West flow, separation and good movement. He recommended a signal at Parker Road and a signal at Hwy 98 & Veterans Drive. Bob Gentle said they had met with AL DOT about Village North earlier and that ALDOT predicted a one year time period to what's already proposed. Mr. Metzger went on to say that he talked to Wayne Curry today and that they support a signal at Veterans Drive. Further discussion led to Bob Clark saying that last month there was an informal review and he had objections to buildings larger than what allowed and it is not smart planning, he said that everyone who spoke tonight had it "just right" and we need to protect downtown Fairhope. He further moved to recommend denial to the City Council, leave existing PUD as is. Bob Gentle 2nd the motion and the vote was: For motion: Bob Clark, Tim Kant, Dan McCrory, Jean Wilson, Bob Gentle. Against motion: Dick Charles, Lee Turner, Ed Brinson. Gary Moore abstained. The Chairman said that items ZC07-08 and SD07-42 had been withdrawn from tonight's agenda. SR0741 Request of Arthur Corte for Site Plan approval of the Fairhope Village at Fly Creek Site Plan. The subject property is located on the southeast corner of U.S. Highway 98 and Parker Road. Jonathan Smith gave the staff review saying that this is the first commercial phase of the Fly Creek PUD approved by the City Council in October 200$. There are four buildings proposed in the site plan. A 54z340 sq ft grocery store and 3 smaller buildings reserved for retail. Shops (I @ 9,800, 3A and 3B—11,000 sq ft ) split between two floors. It was noted four- sided architecture will be incorporated throughout the Fly Creek development. He said Drainage calculations and structures have been designed to accommodate a 100 year storm. He said it is bordered to the east by the remainder of the Fly Creek PUD property, on the West is US Highway 98 and B2 property, to the north lies R1 Residential B2 and unzoned property, and south there is R2 Medium Density Single Family Residential property. In staff recommendation he said the sub ' d site plan is in substantial compliance with the PUD approve granted by the City ouncil on October 26, 2007. The Staff recommends approval of the Fairhope Village at Fly Creek Site Plan contingent upon the following conditions: 1. The dry detention pond on the site plan shall be changed to wet detention pond that can be expanded to accommodate future development phases. 2. Sidewalks on the southwest 4812 24 November 2008 P nning & Zon Commission — Dec 3, 2007 Page Thirteen portion of the property shall be added to the landscape plan as shown on the overall site _plan. The sidewalk along Greeno Road shall extend nort to arker Road. 3. At least 25% of the parking lot shall. be constructed of pervious materials. Additional landscaping shall be added to the large parking area. 4. All trees shall be 2" caliper. 5. Pipe number 14 shown on the drainage plans shall be upgraded to a 42" or possibly a 48" pipe. This determination will be made by the Fairhope Village at Fly Creek site engineer and City staff prior to the issuance of any land disturbance or building permits. 6. Median areas within the southernmost street going east and west shall be landscaped rather than striped. 7. All buffer areas shall be marked with tree protection fencing prior to any land disturbance of building permit. Any clearing within the right of way shall be approved by City s ?-rig Horticulturalist, Jennifer Fidler. 8. Compliance with all City Ordinances and S Codes. 9. Approval by the Planning Staff of the architectural design of the e9�o "big box" space to reflect the appearance of multiple store fronts. 1 f� outside agency approvals and permits shall be submitted a issuance of a building permit. 11. Approval of the intersectio rovements at the Y intersection of Highway 98 &Parker Road b T and the City of v Fairho e. Arthur Corte spoke regardin project He introduced Bill Coates IJI.A�� of R_e spoke s ' they own 450 neighborhood centers in d e US and they believe' eloping �Ir�% environmentall friendl . Steve Pumphrey, the Engineer of Record spoke. The appricant m ormal slide presentation showing architectural�S n explained how there will be double frontage because of the the He said he is working with Jennifer and there will be a a grade of project. uffer of 50 ft on H ar er Roada o o e we s. e wen over a same points as ono an no mg a par ing an si Tie ks. K C He said the project will be built in two phases and they will maintain the buffer, build up front the pond and take all erosion con ro asures before jArA site `construction. He said Volkert & Associates will be handling stormwater. The commissioners were asked if they had questions and Dick Charles r " questioned parking plans and walk thru, they assured him there would be walk-thrus. Bob Gentle asked what assurance Fly Creek would be said his would be monitorin ' [` Q� protected. Greg Mims staff T, 31 d31L he detention will be built before} have someone out on site every pond the project starts. Mayor Kant asked about cleaningout the buff@ a a on Greeno Rd and was tolMl Would not be c eane ou they were talking about e en rance area, that all area on Hwy 98 and turning on Parker Road would be touched. The Mayoras ed who was paying for Fe traffic ig at Parker Roa that it is not in the City plan. Bob Gentle said he thought we had already rked this out. Mayor Kant said he thought only Veterans Drive and Hwy 1 4 had been approved. Gary Moore ac � OT 4813 24 November 2008 Planning & Zoning Commission — Dec 03, 2007 Page Fourteen asked why build the commercial first and then asked for a time -line. The reply was the residential market down but residential is now under contract. Arthur said the commercial should be built out by this spring and start in 2008� the residential which should take a year. Arthur Corte d t a reed t all staff recommendations. All questions answered satisfactorily, ick Charles moved to accept staff recommendations and recommend approval to the City Council. Lee Turner 2nd the motion. Themotion was amended to include that the buffer along Hwy 98 and around the corner wou d not be rs ur on y a e en ranee on wy an a rrvew� entrance on Parker Roa This amendment was accepted by Mr. Charles and r. umer. o ion carried unanimously. Arthur said he is working with Ms. Fidler, make it prettier than it is now, only clean out briars and would be replanting bigger trees. SR0741 Preliminary Plat approval for the Fairhope Village Subdivision within the Fly Creek PUDISteve Pumphrey of Volkert and Associates. The property is located on the southeast corner of Highway 98. Nancy Milford gave the staff report saying the property consists of 53.3 acres and the applicant is creating 5 lots. It was granted PUD appm_vaLbY theLitv Cou cil on October 23, M. Drainage being a big issue in this area, she said a drainag�` plan and engineer's certification has been provided. In addition, the Planning Staff has asked another engineering firm for a second opinion. Staff recommendation was to approve conditional upon: 1. All water and sewer issues approved by the City of Fairhope Water / . WSumital 3. o a set of revised construction plans reflecting all approved changes listed in the discussion above. 4. The dry detention pond on the site plan shall be changed to a wet detention pond, with an appropriate aerator, that can be expanded to accommodate future development phases. 5. Submittal of revised construction drawings reflecting that the outside 1� limit of the buffer must be clearly marked on -site with permanent signs i placed every 100 feet prior to any land disturbing activities. Steve Pumphrey spoke for the project and said they agree with all conditions. rff Lee Turner moved to accept staff recommendations. Ed Brinson 2nd the motion and it carried unanimously. SR07-10 Site Plan Review Eastbay Plaza office Center/Suncoast Center, LLC. The property located on the south side of Estella Street just west of Greeno Road. The staff report was given by Nancy Milford 4814 24 November 2008 City of Fairhope Planning and Zoning Commission Agenda 5:00 PM City Council Chambers August 7, 2006 1. Call to Order 2. Approval of the minutes of the July 5 h meeting 3. Approval of the minutes of the July 170'Special Meeting 4. Consideration of Agenda items: A. ZC 06.12 Request to Consider the Application of Volkert for an Initial Zoning of IUD (Planned Unit Development) concurrent with Conditional Annexation for Property Located at the Southeast comer of Highway 98 and Parker Road (Fly Creek). B. SD 06.37 Request of EDS for Preliminary Plat Approval of Fairhope Falls, Phases 1 A, 1 B & 2, a 150-lot division. (Generally located on the West side of Fish River, adjacent to the south side of Highway 104 and the west side of Langford Road.) C. SD 06.40 Request of Moore Engineering for Site Plan Approval of Berrington Place, a 225-lot Village Plan. (Generally located on the west side of Langford Road just south of Highway 104.) D. SD 06.44 Request of EDS for Final Plat Approval of Copper Key, a 19-lot subdivision. (Generally located South of Lawrence Road East of and adjacent to Quail Creek Estates, Unit Four "B") E. SD 06.45 Request of McCrory & Williams for Preliminary Plat Approval of East Park Subdivision, a 47-lot division. (Generall} 4815 24 November 2008 located on the north side of Parker Road just east of Highway 98.) F. SD 06.46 Request of Baskerville-Donovan for Plat Approval of Peterson Medical Park, a 3-lot Minor subdivision. (Generally located on the southwest comer of Greeno Road and Middle Street, just south of Holiday Inn Express.) G. IR 06.10 Request of Richard Casey for an Informal Review of a proposed 4-lot subdivision located on the west side of North Bancroft Street just north of Pine Avenue. 5. Old/New Business A. Further Discussion of the Proposed Amendments to the Comprehensive Plan 6. Adjourn 4816 24 November 2008 The Planig & Zoning Commission of the City of Fairhope met Monday, August -2006 at 5:00 PM at the City Municipal Complex in the Council Chambo at 161 N. Section Street. Prese, Dick Charles, Chairman; Tim Kant, Dan McCrory, Bob Clark, Gary pore, Jean Wilson, Lee Turner, Cecil Christenberry. Gregg Mims, Plan,rg Director, Jonathan Smith, Planner and Betty Rivenbark, Secretary Abs,t: Ed Brinson Th'T'inutes of the July 5, 2007 meeting were considered and approved as wren on motion by Tim Kant, 2"d by Dan McCrory with two abstentions bJean Wilson and Lee Turner. The minutes of the July 17, Special r;eting were considered and approved as written on motion by Tim Kant, 'd by Dan McCrory with one abstention by Bob Clark. It was announced that SD06.45 would be held over until the September meeting. Gregg Mims introduced Nancy Milford who has started working with his Department as a Planner and David Powell, GIS Technician. ZC06.12 Request of Leonard Wormser of 1-10 Development, LLC for zoning change approval of a PUD approximately 213 acres (Generally located at the southeast corner of Parker Road and Highway 98) Gregg said the 53.33 westernmost acres are zoned B-2 (General Business) and the remaining 159.67 acres are un-zoned in Baldwin County. A PUD is proposed which consists of commercial, retail, condos, townhomes, livetwork units and single family residential lots. Broken : commercia1108 000 s juare feet• condos,132 units; town homes,181 units; rve o unrts, 11; sin !e-famil , 511 units. There are a total of 835 n the rest en is urnts, roposed. Fly Creek runs through all arcels involved i prolec , orth of the site rs a er oa and the and Ford sub ivision, south of the site is a oo ands subdivision, west of the property lies Hwy 98, unzoned county properties, and the properties in the City of Fairhope zoned R-1; east of the site lies unzoned County land. He said he and Jennifer Fidler met with Wayne Curry of ALDOT during the preliminary review process and they discussed a traffic signal at Parker Road/Highway 98, and the necessary turn lanes. He indicated that ALDOT did not at this time say that they would insta I I at the entrance of the PUD. He passe out a sheet saying that in working with the developer they had agreed to the following prior to the meeting which is an update on the printout received with agenda information: Bullding Heights — Residential 35' and Commercial 45' / V �� 4817 24 November 2008 Planning & Zoning Commission Page Two — August 7, 2006 Buffers — A 50' Natural/Landscaped buffer off of Greeno Road; 40' I)K Natural/landscaped buffer off of Parker Road Setbacks — Single Family lots abutting the Woodlands S/D: Front Setback 10' Rear Setback 30'; Side yard setback 5' Single Family lots where rear yards abut wetlands: Front setback —10' rear setback 30'; side yard setback 5' Remaining Single family lots: Front setback 10'; rear setback 10'; side - yard setback 5' Town -homes: Front setback 10'; Rear setback 20'; side -yard setback 0; End unit —10'; from Wetlands -30'. Village Center— Commercial/Retail/Condominium: Front(facing Hwy 98)- 50'; from Parker Rd — 40" All other sides-10'. Open Space: - An open space/green space feature shall be incorporated into the design of the commercial parking area in order to provide a more pedestrian friendly village center environment. This requirement will be approved by the Planning Department. Site Access —Approval and Permits from ADOT shall be obtained and submitted to the Fairhope Planning Department Adjacent Site Concerns —Ali lots on the south side of the project immediately abutting The Woodlands subdivision shall have a minimum lot width of at least 90 feet at front setback line and a rear setback of not less than 30 feet. Facade Requirements — Four-sided architectural features shall be incorporated into the design of all commercial buildings, no metal exposed. Wetlands — The applicant has volunteered to dedicate the wetlands on the site as a locally designated permanent Conservation Easement. The applicant shall work with staff to coordinate this effort. He said further, all items listed above shall be completed to staffs satisfaction prior to the issuance of a building permit. It is noted that a drainage and storm water management analysis must be presented to show the impact of the proposed development on adjacent properties and the Fly M • •1 24 November 2008 Planning & Zoning Commission Page Three — August 7, 2006 Creek watershed. The purpose and influence of the lakes must be articulated. This would be required at the time the project is submitted for subdivision approval and/or request for permits. Robin Gregory of Volkert & Associates did a power point presentation showing the whole layout of what proposed. Arthur Corte spoke to the Commission saying he met with all the S homeowners associa ions. He said is is a con inua ion o pa Orffie �' eve opment o is a ilys timberland. He said in 1995 he eras asked to annex into the city and agreed to do so with the 53 acres comin in as B-2 Ad the other acres are part of Fred COrte'S land for a total of 213 acres. Fle a ey ave worked extensive y to preserve the Fly Greek area, they plan to enhance/preserve this with walk trails and boardwalks. He talked about the different companies he is using for the development. Bill Tunneller of Tunnell/Spangler Walsh spoke saying they wanted to design a elop this p on so it fits the Fairhope Comprehensi a SOS owed through a power point presentation buildings they propose for each portion of the development. Arthur spoke again saying that this will be at least a ten year project, it will be done in phases. The public hearing was opened and Mike Perkins, President of The Woodlands property owner's association, spoke saying the density will only add to the problems, they are adamantly opposed to it as presented and oppose any connection to the Woodlands. Jeffrey Philiips, President of Rock Creek POA, also expressed adamant opposition and cited South Drive problem. Rhonda Jones, a resident of the Woodlands spoke and told of the time and effort spent on her property and how they hand cut each tree,bush, she is opposed to connection that is planned into her property. Doug Montgomery asked if there is an ordinance that requires a connection. Several others spoke voicing concerns. Dr. Mullins spoke for PUD citing how Corte's had developed the other property surrounding him including Rock Creek, The Woodlands, Sandy Ford and how it was first class. Robbin Gregory spoke to the question of not having stub out going into other subdivisions. He said they would not be opposed to eliminating them, they were just adhering to requirements. Mr. Montgomery asked if they would be in compliance with one way in and one way out, He was told this could be handled through the subdivision regulations and an exception could be made but the answer was yes. The public hearing was closed. There was a ten minute break and when the meeting resumed at 6:40 the Commission members asked questions of the developer regarding the heights as proposed, development of I n lik Air ort Blvd inftoOle si mercial 10 ck and conceal a muc r at as late as toda ev are still working with them on site plgp.�ob Clark asked about the bg issue with comprehensive I n aia-ts w c 1995 and pre ated comp plan adoption g r .. g Greeno Road. Gary 3 4819 24 November 2008 Planning & Zoning Commission Page four — August 7, 2006 Moore suggested at least 100 ft. greenbelt buffer around commercial with 75 ft on Parker Road. Mr. Corte was thanked for working with the subdivisions and planning department and commission. After all questions answered satisfactorily, Mayor Kant moved to recommend approval of the PUD to the City Council with the following conditions: The proposed height would not be more n 40 feet o ixed and 35 feet on everything else. They would maintain the natural easement dlands :such:ft:e ng into Rock Creek and Sandy Ford would not be opened Qu�ntil Highway 13 is developed. A natural bridge or access to Highway 13 be put in before the southeast comer phase next to the Woodlands is developed. and to include the conditions of approval that Gregg Mims presented at the outset of the meeting. Lee Turner 2nd the motion and it carried with two nay votes by Gary Moore and Jean Wilson. SD06.37 Preliminary Plat Approval request of EDS of Fairhope Falls, Phases 1A,1B & 2,150 lot subdivision (generally located on the west side of Fish River, adjacent to the south side of Highway 104 and the east side of Langford Road) This had been carried over from the July 5t' meeting to give Dan McCrory time to work with the developers on how the city would serve the development. Jonathan Smith read the staff recommendation saying the water and sewer issue had been resolved and all requirements met. The property is not located in the city and is not zoned. These phases contain 120.54 acres and 150 lots and will be a village subdivision. The design and concept is in keeping with the goals and objectives of the comprehensive plan. The greenspace exceeds the minimum requirements of the subdivision regulations and copies of the traffic impact and access needs study have been provided showing turn lanes being provided into the subdivision which have been approved by ALDOT. General requirement - FFE of 24' above the highest centerline elevation on the adjacent roadway will be required for lots located in the flood zone and a note placed on the plat saying this. Staff recommendation was to approve. Discussion led to a motion by Dan McCrory to approve, Cecil Christenberry 2nd the motion and it carried unanimously. 4820 24 November 2008 Planning & Zoning Commission Page five — August 7, 2006 SD06.40 Site Plan Approval of Barrington Place a 225 lot Village Plan/Moore Engineering & Surveying(Generally located on the west side of Langford Road, south of Highway 104) Jonathan Smith said this was also carried over from the July meeting and was tabled in order for the applicant to address concerns associated with double frontage lots and additional access. He said the proposped common area along Langford Road has. been increased from 10' to 20'. In addition the developer has agreed to incorporate a sidewalk, berm and irrigation system. The design of the berm, landscaping details and irrigation design will be submitted for approval at the preliminary approval submittal. A note has been placed on the plat that all lots within the subdivision that abut this common area shall only have access from the streets within the subdivision and not via Langford Road. The streets will be built to city standards and the developer has committed to planting a minimum of 350 over -story trees along the streets, park areas and retention areas. A second access street has been proposed to connect the subdivision to Langford Road. He said a draft copy of detailed covenants and restrictions has been submitted and a total of 9.44 acres has been provided for greenspace. Staff recommendation was to approve. Seth Moore spoke for the developer. He said the sidewalk would. be woven throughout the subdivision. When questioned about the turnarounds he said he plans a T-type. Mayor Kant reminded him that a fire truck or garbage truck needed to be able to maneuver in these spaces. Mabry Stone, adjacent property owner spoke saying he that this ought to be done right from the start. The comment was made that the developer is committed to the irrigation system on the berm and this will not be turned over to the property owners until the last lot sold. Further discussion led to a motion to approve staff recommendation. Dan McCrory 2"d the motion and it carried with Gary Moore and Jean Wilson opposed. S006.44 Final Plat Approval of Copper Key, request of EDS (Generally located south of Lawrence Road east of and adjacent to Quail Creek Estates Unit Four B) Jonathan reported that the property is located in the city and is zoned R-1and contains 13.04 acres and 19 lots. He said a final inspection was completed on June 23 and all items have been completed. Staff recommendation was to approve. Joe Bullock was representing EDS. A motion was made by Dan McCrory to approve, Bob Clark 20 the motion and it carried unanimously. SD06,46 Minor Plat Approval of Peterson Medical ParklBaskerville- Donovan (Generally located on the southwest corner of Greeno Road and Middle Street, just south of Holiday Inn Express) Jonathan said the property is not located in the city and is not zoned. The property contains 2.87 acres 4821 24 November 2008 Co Fundamentals of Municipal. Government c�y In Alabama; all municipalities operate under what is known as the Dillon rule, The Dillon rule is a concept that dates back to 186E and means that all municipalities function at the pleasure of the state legislature. Alabama Code states that in cities of 12,000 or more population which have a mayor -council form of government, the lgislruivc functions of the city must be exercised by a council while the execu 've function are exercised by the mayor, who is not a member of the council, 'l'he Alabama slate legislature in its wisdom has left to the council the discretion to take the responsibility to be a "strong council" or "not " This means that the grants of power are not effective until the council takes legislative action to set them in motion. Thus, if the council chooses to exercise its powers, it must pass ordinances, resolutions or motions to do so. Some of the powers entrusted to a municipal council, which is the legislative branch of city government, include: • Has. authority overall legislative aspects of municipal government; • Determine what sort of services the municipality will offer; • Has authority over finance and all properly of the city; • Establishes policies that will be followed in the administration of the city; • Sets tax levels; • Passes ordinances to provide: Safety, preserves health, promotes prosperity, improve morals, comfort and convenience for the citizens; • Make appointments of department heads (by ordinance); Establish all salaries; • Specify the duties to be performed; • Designate who shall be authorized to sign checks; • Appoints: City Clerk, City Attorney, Polite Chief, and Treasurer; • Appoint committees to study the needs of the various departments and make % recommendations to the Council; and, `// • Appoint investigative committees to see if the Council wishes are being carried out", • Keen in mind that neither the Council nor any Council member may_direct or supervise in any way the daily task of city employees. Also, remember, individual Council members have no authority other than regular citizens of the municipality. The City Council functions as a body; not as individuals. Legislative Powers of the Council The council as a body establishes municipal policy, and the mayor is charged with the duty of jMplementinathat policy. For instance, in Attorney General's Opinion 89-00243, the issue was whether the mayor or the council had authority to establish the working conditions of a police dispatcher. The attorney general concluded that the mayor could require the dispatcher to work at city hall unless the council provided otherwise. 4822 24 November 2008 The question of where the dispatcher performed her duties was a matter of policy, a decision for the council to resolve. Until the council acted, it was the mayor's decision. However, once the council acted, the mayor was required to implement that policy. Another example of the legislative power of the council is found in Attorney General's opinion 92-00289. It concluded that the council is responsible for establishing policies which will be followed by municipal departments. Department heads may not set policies unless the council has delegated the authority to them. A council may delegate authority to set policy to the mayor, who may authorize department heads to determine policies which their departments will follow. Where the council has not acted department heads may set informal procedures to follow until the council acts. The Attorney General has ruled that if a city council exercises its powers to appoint officers of the city or town, the appointment would be as "othcrwise proviby ded eW ." This bill would specify that a mayor would appoint officers unless otherwise provided by stale law. Thus, if the council wants to appoint officers, department heads, and/or employees, it must enact a properly drafted ordinance stating such. 11 the council does not enact ordinances, •the mayor has the power to appoint all officers, whose appointment' not otherwiso rovided for by law. (Section 11-43-81, Code of Alabama,1975). Mayoral Duties and Authority Some of the responsibilities of the Mayor, who is the axeoutive branch of city government, include: Acts as figurehead for the City . Oversees day to day operations of the City; • Oversees the municipal employees; Sees that bills are paid on time; • Makes recommendations to the Council; • Ensures that an annual audit is conducted; Presents a budget to the council if required; Has responsibility to see that the officers and employees of the City faithfully execute the laws and policies established by the Council; • Execute municipal contracts; • Appoint members to the Planning Board; • Has veto power over ordinances and resolutions, however, the veto can be overturned by a 213 vote of the Council. According to the Handbook for Mayors and Council Members, it is imperative that a harmonious working re aeons ip eve ops etween ma r an the council. It is recommended that the mayor take the initiative to establish working relationship between the council and the office of the mayor. ` M 00 —77 a h5fra AM U�ity'CompIXll.c SITE DATA t _..; -- .. s:: � PHASE 2 OF•+..r�wr:..�+e� +t \ FAIRHOPE VILLAGE. PUD Y \` FUTURE OEVELOPYENT v"t �-.=F_ iT���r._ MOOR NATbI ' i\' _ I �_Yr1+ri+.7 C Y'� L+87C •rr+'S•'F:.f � '.,►rrrr.�iw rr..r... � r LEGEND b • .wr rw tirr#+ .ar �+ 'suRVE'RW'S ies _ Cif � rwrr�ry 9 now a �' � • � �:i'�.e� rwi'�.li � = Lr� ia:� e •,��'"��'9 ram; ::.�.�t 00 0 0 N N rfl E O z N N 00 00 O O N N N O z N N 00 00 O O N 4.) N N O z Nt N 4826 24 November 2008 Larry Thomas addressed the Council on behalf of the Fairhope Single Tax Corporation and also presented a letter as follows. He congratulated the council on their election and reiterated the good relationship that the Single Tax and City have had in the past and emphasized it would continue. He said that one thing troubling to the Single Tax at this time is that they have heard that the Revenue folks are planning to again significantly increase the property appraisals in what they refer to as downtown and old Fairhope. He wished to draw attention to this and hoped his information was incorrect. 4827 24 November 2008 4V 0&E SINGLE UPS �0RP0ItAT1�� Established 1894 336 Fairhope Avenue . Fairhope, Alabama 36532 . (251) 928-8162 . FAX (251) 928-8203 E-mail: fstc@mchsi.com November 24, 2008 Remarks to City Council Fairhope, AL Good evening folks, I am Larry Thomas, here tonight as President of the Fairhope Single Tax Corporation. 1' I would like to congratulate you on your election (or reelection as the case may be) to serve our wonderful community. What you are doing and will do in this leadership position is very important to our citizens and our future. I would also like to use this opportunity to sincerely thank all those that ran for the various offices this year, I know from experience that is not an easy task, but it is important that we have good folks to choose from to govern our City. We certainly had some really good choices this election! I come to you tonight representing the FSTC to reiterate the good relationship that we have had with the City of Fairhope in the past, especially the recent past and to tell you that it is our sincere intention to maintain that spirit of cooperation between two very important leadership entities here in our community. Together we have accomplished much and together we will continue to accomplish a lot! The FSTC supports you and our entire community. One thing that is troubling us at this time is we are hearing from several sources that the Revenue folks are planning to again significantly increase the property appraisals in what they refer to as "Downtown and Old Fairhope." Now to be honest I can't believe after last year's huge increases and appeals and considering the condition of the real estate market and just the economy in general that would even be an issue. But we are hearing it and have already taken some steps in anticipation and are planning others. We have again this year already reduced our demonstration modifier for next year, which is applied to the land appraisal only, not to any of the improvement appraisals. That factor is now only 2/10 of 1 percent of the appraised value of the land and is the way we obtain revenues for projects to better our community, a parfid list of which is part of our hand out tonight. As you can see, we have done and are continuing to do much for our community. However increases in taxes certainly limit any projects we might undertake. Be assured that we are not taking this laying down, and as I said are looking at several ways to help our members and lessees combat the burden more increases in the appraisal put on them. We will keep you informed of our efforts and solicit you assistance and cooperation in this vital to our community matter. Again, thank you for your service to our community. 4828 24 November 2008 What has the Fairhope Single Tax Corporation done for the City of Fairhope and the surrounding community? A partial list follows: • Gave the City of Fairhope the Deed to all parks, with reservations, along the bay front (1931) • Gave the City of Fairhope the Deed to the Wharf (1932) • Gave the original utilities to the City of Fairhope • Paved streets, sidewalks and alleys in and around the City of Fairhope with the standing offer for more • Helped fund the new Library (joint venture with the City of Fairhope) • Majority funding of the new Museum (joint venture with the City of Fairhope) • Ongoing new direction for Knoll Park (joint venture with the City of Fairhope) • Gave the 24 acres for new ball fields & soccer fields —Founders Park • Helped fund the new emergency room for Thomas Hospital • Helped fund Centennial Hall on the Faulkner campus (joint venture with City of Fairhope) • Funded equipment for the new female athletic facility at Fairhope High School and Fairhope Middle School Sponsor a girls & boys sports team in each City League • Sponsor the Baldwin Pops concert for Founders Day every year Contribute to Ecumenical Ministries yearly • Yearly contribution to Fairhope Band program • Yearly support of Week Bay Estuary • The recent Gully addition with the Baldwin County School Board and the City of Fairhope and surrounding community • Ongoing construction of Nature Park • Yearly sponsor of Thomas Hospital Goff Tournament • Contributed to Fairhope Art Center addition • Provided the parking lots in downtown • Contributed to the Fairhope Elementary School pavilion • Contributed to Museum Plaza • Contributed to Alzheimer Wing at The Snook Center • Contributed to the Marietta Johnson Statue • Contributed to the Vietnam Memorial • Paved Windmill and Thompson Hall Roads with the County • Paved Estella Drive The Fairhope Single Tax Corporation has done and will continue to do the work our forefathers started in making Fairhope a model community. Mike Perkins of 145 Willow Lake Drive spoke saying he supported Paul Ripp's recommendation and hoped the City Council would follow through on it. He had heard of discontent from the citizens also and hoped City Council would review approved Fly Creek PUD and Site Plan and request a presentation on what has been done to date. U: Q' 24 November 2008 Wendell Barnhill spoke saying he owned property off High Ridge Road and his concern was how this would impact residents of High Ridge Road as far as setbacks and rooftops. John Meyer spoke requesting an update of the web site. Sherry Sullivan responded that an update is in the works and should be out by the first of the year that she and Jason Colee had looked at information this week. There being no further business, Councilmember Ford moved to adjourn at 7:35 PM. Councilmember Kingrea seconded the motion and it carried unanimously by voice vote. !�t! 1011111,� Betty R" enbark, Acting City Clerk