April 7, 2005

MOBILE CITY PLANNING COMMISSION MINUTES

MEETING OF APRIL 7, 2005 - 2:00 P.M.

AUDITORIUM, MOBILE GOVERNMENT PLAZA

Members Present / Members Absent
Terry Plauche, Chairman / Victor McSwain, Secretary
James Laier, Vice-Chair / James F. Watkins
Ann Deakle / Victoria L. Rivizzigno
Adline Clarke / Clinton Johnson
Nicholas H. Holmes, III / John Vallas
Mead Miller (S)
Urban Development Staff Present / Others Present
Laura J. Clarke, Director, / Wanda Cochran, Assistant City Attorney
Urban Development Department /

Jennifer White, Traffic Engineering

Richard L. Olsen, Planner II

/ Pat Stewart, County Engineering

Margaret Pappas, Planner II

/ Beverly Terry, City Engineering

David Daughenbaugh, Urban Forestry

Coordinator

/
Jennifer Henley, Secretary II

Mr. Plauche stated the number of members present constituted a quorum and called the meeting to order.

The notation motion carried unanimously indicates a consensus, with the exception of the Chairman who does not participate in voting unless otherwise noted.

APPROVAL OF MINUTES:

A motion was made by Ms. Deakle and seconded by Mr. Holmes to approve the minutes of the January 6, January 20, February 3, and February 17, 2005, meetings as submitted. Ms. Clarke abstained. Mr. Plauche was in favor of the motion. The motion carried.

HOLDOVERS:

Case#ZON2005-00230

McMurray Place Subdivision

South side of Johnston Lane, extending from the West side of Rosedale Avenue (to be vacated) to the centerline of Dickerson Avenue (to be vacated), and to McCay Avenue (to be vacated), 95’+ South of Johnston Lane.

The request for Planned Unit Development Approval to allow reduced lot widths, sizes, and setbacks, and 45% site coverage in a zero-lot line single-family residential subdivision was considered.

Council District 6

The plan illustrates the proposed subdivision.

(Also see Case #SUB2005-00018 – McMurray Place Subdivision – Below)

Mr. Plauche recused himself from the discussion and vote regarding this matter. Dr. Laier chaired this portion of the meeting.

The applicant was present and concurred with the staff recommendations.

There was no one present in opposition.

A motion was made by Mr. Miller and seconded by Mr. Holmes to approve this plan subject to the following conditions:

(1) construction of the connection to McCay Avenue, from the new subdivision street to Johnston Lane;
(2) completion of the vacation process for existing rights-of-ways within the proposed subdivision;
(3) compliance with City Engineering Comments (No common area shown for stormwater detention which is required for this project. Significant existing stormwater problems downstream from proposed development. MINIMUM requirements will be detention for a 100-year storm with a 10-year release rate. Must comply with all stormwater and flood control ordinances. Any work performed in the right of way will require a right of way permit); and
(4) full compliance with all municipal codes and ordinances.

Mr. Plauche recused. The motion carried.

Case #SUB2005-00018

McMurray Place Subdivision

South side of Johnston Lane, extending from the West side of Rosedale Avenue (to be vacated) to the centerline of Dickerson Avenue (to be vacated), and to McCay Avenue (to be vacated), 95’+ South of Johnston Lane.

60 Lots / 12.8+ Acres

Council District 6

Mr. Plauche recused himself from the discussion and vote regarding this matter. Dr. Laier chaired this portion of the meeting.

(For discussion see Case #ZON2005-00230 – McMurray Place Subdivision – Above)

A motion was made by Mr. Miller and seconded by Mr. Holmes to approve this subdivision subject to the following conditions:

(1) construction of the connection to the existing right-of-way of McCay Avenue, from the new subdivision street to Johnston Lane;

(2) completion of the vacation process for existing rights-of-ways within the proposed subdivision; and

(3) compliance with City Engineering Comments (No common area shown for stormwater detention which is required for this project. Significant existing stormwater problems downstream from proposed development. MINIMUM requirements will be detention for a 100 year storm with a 10 yr release rate. Must comply with all stormwater and flood control ordinances. Any work performed in the right of way will require a right of way permit).

Mr. Plauche recused. The motion carried.

Case #SUB2005-00036

Wynnfield Subdivision, Unit Five

West termini of Wynngate Way and Wynnridge Drive, extending North and West to the South terminus of Widgeon Drive.

114 Lots / 69.2+ Acres

Council District 6

Ms. Pappas said that the staff would like to revise conditions 1 and 2 to require the provision of 50’ street stubs to the parcels to the east and west.

Mr. Don Coleman of Rester and Coleman Engineers, Inc., was representing the applicant. Mr. Coleman said they did not mind leaving the 25’ strips to the two 10-acre parcels, but did not think they should have to stub out to the 10-acre parcels. He said the owner would like to keep it to 25’ of frontage rather than have to build a 50’ road.

Ms. Pappas stated that the Subdivision Regulations required street stubs to be provided for connectivity to large undeveloped tracts. She pointed out where they had provided a street stub, but the lot that it was stubbing into actually had frontage on a street already and it was a legal lot of record. The proposed street stub there would be useless. The rest of the parcel had no frontage on a public street. That is why the staff was recommending a street stub to it, as well as the parcel to the west, which was landlocked.

There was no one present in opposition.

In executive session, there was a brief discussion regarding the staff’s revised conditions.

A motion was made by Mr. Holmes and seconded by Ms. Deakle to approve this subdivision subject to the following conditions:

(1) provision of a street stub to the land-locked parcel (R023303071000023.), to the east of proposed lots 29-31 and 48-49;

(2) provision of a street stub to the land-locked parcel (R023303073000003.), to the west of proposed lots 93-96;

(3) provision of right-of-way stub to the Raleigh subdivision to the south, per the requirements of the December 1995 Letter of Decision for the original Wynnfield application;

(4) removal of the street-stub provided north of proposed lot 1;

(5) placement of a note on the final plat stating that maintenance of all common areas and detention areas shall be the responsibility of the property owners;

(6) that all roads be constructed to City of Mobile standards;

(7) depiction on the final plat of the 25-foot minimum building setback line;

(8) placement of a note on the final plat stating that any lots which are developed commercially and adjoin residentially developed property must provide a buffer in compliance with Section V.A.7. of the Subdivision Regulations; and

(9) compliance with all applicable federal, state and local regulations regarding the potential wetlands issues.

The motion carried unanimously.

EXTENSIONS:

Case #ZON2004-00553

Sollie Road Development Subdivision

East side of Sollie Road, 400’+ North of the East terminus of Isle of Palms Drive, extending to the East terminus of Raleigh Boulevard.

Planned Unit Development Approval to allow a single-family residential subdivision with alleyway access.

Request for a one-year extension of previous approval.

(Also see Case #SUB2004-00042 – Sollie Road Development Subdivision – Below)

A motion was made by Mr. Plauche and seconded by Dr. Laier to grant a one-year extension of previous approval for this application.

The motion carried unanimously.

Case #SUB2004-00042

Sollie Road Development Subdivision

East side of Sollie Road, 400’+ North of the East terminus of Isle of Palms Drive, extending to the East terminus of Raleigh Boulevard.

152 Lots / 70.3+ Acres

Request for a one-year extension of previous approval.

(Also see Case #ZON2004-00553 – Sollie Road Development Subdivision – Above)

A motion was made by Mr. Plauche and seconded by Dr. Laier to grant a one-year extension of previous approval for this application.

The motion carried unanimously.

GROUP APPLICATIONS:

Case #ZON2005-00668

Bradford Place Townhomes

East side of West Drive at the East terminus of Northwoods Court, extending to the West side of Center Drive.

The request for Planned Unit Development Approval to allow reduced lot widths and sizes, reduced building setbacks, and increased site coverage in a private street, single-family residential townhome subdivision was considered.

Council District 6

The site plan illustrates the proposed buildings, lot configuration, and proposed parking spaces.

(Also see Case #SUB2005-00057 – Bradford Place Townhomes – Below)

Mr. Don Coleman of Rester and Coleman Engineers, Inc., was representing the applicant and concurred with the staff recommendations.

There was no one present in opposition.

A motion was made by Ms. Deakle and seconded by Mr. Miller to approve this plan subject to the following conditions:

(1) that the proposed dumpsters be located in an area outside of the required front yard, with the provision of adequate maneuvering area for garbage trucks (location to be coordinated with and approved by Urban Development staff and Traffic Engineering);

(2) full compliance with the landscaping and tree planting requirements of the Ordinance;

(3) that there be no windows facing buildings less than 20-feet apart;

(4) provision of a six-foot wooden privacy fence along the North and South property lines;

(5) denial of access to Center Drive until such time that Center Drive is constructed to city standards;

(6) that the one-way drives be signed and marked according to MUTCD standards; and

(7) full compliance with all municipal codes and ordinances, including but not limited to the private street construction requirements of the Subdivision Regulations.

The motion carried unanimously.

Case #SUB2005-00057

Bradford Place Townhomes

East side of West Drive at the East terminus of Northwoods Court, extending to the West side of Center Drive.

40 Lots / 3.9+ Acres

Council District 6

(For discussion see Case #ZON2005-00668 – Bradford Place Townhomes – Above)

A motion was made by Ms. Deakle and seconded by Mr. Miller to waive Section V.D.2., of the Subdivision Regulations, and approve this subdivision subject to the following condition:

(1) construction of the street in compliance with the private road standards of Section VIII.E.2. of the Subdivision Regulations, including but not limited to a minimum paved width of 18-feet.

The motion carried unanimously.

Case #ZON2005-00664

Andrew Shepard

East side of Bay Shore Avenue, extending from Frederick Street to Elsmore Street.

The request for a change in zoning from B-3, Community Business, to R-3, Multi-Family Residential, to allow a three-building, twelve-unit apartment complex was considered.

Council District 1

The plan illustrates the proposed buildings and parking.

(Also see Case #ZON2005-00662 – Bay Shore Avenue Apartments Subdivision – Below; and Case #SUB2005-00053 – Bay Shore Avenue Apartments Subdivision – Below)

Mr. Frank Dagley of Frank A. Dagley & Associates, Inc., was representing the applicant and noted that the staff had recommended the application be heldover because there was not a reason for the rezoning stated in the application. Although it was not stated in the application, Mr. Dagley said the nature of Bay Shore Avenue was changing from a commercial area to more of a residential area. The site was essentially bordered by residential areas and in their opinion, there was definitely a need for better housing in the Crichton area. Given the option of denial or a holdover, however, he said they would certainly rather hold it over.

Ms. Pappas said that as Mr. Dagley stated, there was not a reason for rezoning given in his application, which is why the staff recommended holdover. The reason he just gave, however, was one of the reasons for consideration of a rezoning request – changing conditions in the area. She noted that while there was some B-3 in the area to the west and to the north, those were vacant, commercial properties. This was undeveloped commercial property. Changing conditions justifying additional residential was a basis for granting a rezoning.

Mr. Ernest Hartley, a life long resident of Bay Shore Avenue, stated that he lived across the street from the proposed site and objected to apartments being built there. Some of the other neighbors had also come to him and said they did not need apartments there. He was concerned about the safety of the elderly people that lived in the vicinity.

Mr. Plauche stated that this matter would not be voted on today as it was recommended for holdover by the staff.

A motion was made by Mr. Plauche and seconded by Mr. Miller to holdover this application until the meeting of April 21, 2005, to allow the applicant an opportunity to submit required information substantiating the reason(s) for rezoning (documentation must be submitted by April 19 to be on the April 21 agenda).

The motion carried unanimously.

Case #ZON2005-00662

Bay Shore Avenue Apartments Subdivision

East side of Bay Shore Avenue, extending from Frederick Street to Elsmore Street.

The request for Planned Unit Development Approval to allow multiple buildings on a single building site was considered.

Council District 1

The plan illustrates the proposed buildings and parking.

(For discussion see Case #ZON2005-00664 – Andrew Shepard – Above; also see Case #SUB2005-00053 – Bay Shore Avenue Apartments Subdivision – Below)

A motion was made by Mr. Plauche and seconded by Mr. Miller to holdover this application until the meeting of April 21, 2005, to be considered with the accompanying rezoning and subdivision applications.

The motion carried unanimously.

Case #SUB2005-00053

Bay Shore Avenue Apartments Subdivision

East side of Bay Shore Avenue, extending from Frederick Street to Elsmore Street.

1 Lot / 0.7+ Acre

Council District 1

(For discussion see Case #ZON2005-00664 – Andrew Shepard – Above; also see Case #ZON2005-00662 – Bay Shore Avenue Apartments Subdivision – Above)

A motion was made by Mr. Plauche and seconded by Mr. Miller to holdover this application until the meeting of April 21, 2005, to be considered with the accompanying rezoning and Planned Unit Development applications.

The motion carried unanimously.

Case #SUB2005-00041

Davenport Properties Subdivision, Lot One

401 Cochrane Causeway (West side of Cochrane Causeway, ½ mile+ North of Bankhead Tunnel).

1 Lot / 11.9+ Acres

Council District 2

(Also see Case #ZON2005-00560 – C & G Boatworks – Below)