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HomeMy WebLinkAbout06-07-1971 Regular and Public Meetingd FAIRHOPE .PLANNING AND ZONING COMMISSION The Fairhope Planning_and-Zoning. Commission met in Regular and Pub- lic Session on t.Wh-O y June 7, 1971 it 5:00 P.M., at City Hall in Fairhope, Alabama.--'' Present: Chairman Parker, members: Box, Bung, Frederick, Gates, Macon, Arnold and Kirk. Absent: Member Pitman. Visitors: Mr. Bateman, Van Iderstine, Carter, Clark, Curtis, Davison, Dial, Ford, Made, Stine and Stipes. Minutes of previous meeting approved as read. Public Hearings: 1. Ritz Indmument, Inc., to rezone from R-2 to M-1, lots 1 through 4, Block 2, Hoyle -Worcester Addition to the town of Fairhope and, 2. Ritz Instruments, Inc., to rezone from 8-1 to M-1, lots 1 through 8, Block 19 Hoyle -Worcester Addition to the Town of Fairhope. No opposition was present. Motion by Mr. Arnold, seconded by Mr. Gates, that the Planning Commission recommend to the City Council the rezoning to M-1 as requested by Ritz Instrument, Inc., in two applications above. Voting Aye: members: Box, Bung, Arnold, Frederick, Gates and Kirk; member Macon abstained from voting. motion carried. Application of Robert Stine to rezone from R-1 to 8-2, lands .on east side of North Greeno. Mr. Lewis Carter, 304 N. Greeno appeared in op- position. Mr. Stine gave his reasons for requesting zoning change and stated he would accept B-1 zoning if preferable. Application of James Clark to rezone from R-1 to B-1 land on west side of South Greeno Road in police jurisdiction. No opposition present. Application of X C. A. Curtis to rezone from R-1 to R-3, lots 3-7, Block 1, Ingleside. Mr. Curtis placed on file new plat showing present and proposed use of land. No oppositon present. New business: Application of M. P. Dial, Jr., to rezone from R-2 to M-1, lots 1-4; 9-12, Block 4 and lots 1-4; 9-12, Block 5, Hoyle -Worcester Subidvidion, land lying between Nichols Avenue, Harlem Lane. (Motion by Mr. Arnold, seconded by Mr. Bung a that above application be accepted for advertising for pub- lic hearing at next regular meeting. Motion carried. Rttte Application of M. P. Dial, Jr., to rezone from R-1 to R-3, 11, A. more or less, nor th and joining Fairhope Memory Gardens on South Greeno Road. Motion by Mr. Macon, seconded by Mr. Gates that the above appli- cation of M. P. Dial, Jr., be accepted for advertising for public hearing at next regular meeting. Motion carried. Application of J. Dudley 'dads to rezone from R-2 to B-1, lot 19, block 16, Volanta sub -division triangular lot bound by Section Street, Pensa- cola and Perdido Avenues. Motion by Mr. Macon, seconded by (fir. Arnold that the above application of J. Dudley 'fade be accepted for adver- tising for public hearing at the next regular meeting. Motion carried. Application of Charles S. Davison to rezone from R-1 to R-q; t1:� acres In 5*Ad J of S/-W ;, section 159 Township 6 South, range 2 East, located on Morphy Avenue in police jurisdiction. Motion by Mr. Gates seconded by nor. Bung that the above application of Charles R. Davison be accppted for ad- vertising for public heari_nglat the next regular meeting. Motion carried. Application of Mrs. Test, mike Ford, Agent, to rezone from R-1 to 8-19 lots I0,11,12, B ock 3, Oswalt subdivision, located on east side of South Section Street ad joining the new South Central Bell building: Motion by Mr. Arnold, seconded by lair. Macon, that the above application be accepted for advertising for the next regular meeting. Motion carried. Fairhope ggin le Tax Corpo ation presented Subdivision of arts ofblocks 499 50, 51, Magnolia Beach Addition on South Side of Fig Street between Church Street and Third Avenue, tentatively named "Big Head Hummock" fo +•�preliminary approval. Action was tabled until layout had been reviewed by mr. Bateman. Mat plan of office building for Dimensional Products, located at 803 } f�' Nichols in a B-1 zone presented for commission approval. motion bykir :�` ,,Bung, that the plat plan of office buildino of Dimensional Products be 1 pproved. Voting Aye: Mr. Arnold, Box, Bung, Gatos, Frederick, Kirk. I Mr. Macon abstained from voting. Decisions s - — _bV_Xr.._A.rnold, seconded by Mr. 8u!�g� # #.Lw.FJxhnpe. Pla nnf ng cwissiew rsesv w" Vo M CIS Cvvnsi� Se.0 wl rm R-1 to a-1 as requosted by .Jame Clark* the tll"in! tle"rfib f land -owe •Mlmiol, st iwt"Set Mtoot* K t tSIM N $aeuoo 20. ?emorA=N i twtR -v teat, "-t_mat �I�l .het s South-'20ast--QZ#- t1t ; om.-P�1CC _ W fir, G I NN I NG , c onta i n- ing 2 acres, more or leers. lend located on South Greeno Road in Police jurisdiction, .... awc,-ow . runi n -.a To t!-z the following describsa ieno:%min _ Dg-1iBA;80. W S W A st to ftetMMb Csrsie of $NtiM 390 T9~1p s south: t Cast, sod qw-WWiw low* 81 WW [aetrts 8e00lrry of :iTse"1600 tM-1 root nw t SIR K91NNINGs Sha wstun� _ 'SUutfi a3enq 'E#s-N i s1iM. JM-#set, tt�e run South 87 33 Uost, 48.S feet to a point on the Eastern margin of a highway known as Greeno Road; thence run Northwastwardly following the Eastern margin or said highway to a point situated North 210 51' West,,325.5 feet from the last mentioned corner; thence ru.n East, 169.5 foot to the POINT OF BEGINNING. Lot contains o.75 acres more or less, and lies in Section 39, Township 6 South;. Range 2 East, Baldwin Count�l, Ala lama on Nor th Greene Road. .�.......ov V..G.Y wires wwour or an acres up Por sale -oil >outin tjreenv was agreeable to commercial zoning if instigated by the City. It was decided that letter should be written to the Industrial Development Board with copies to the Mayor and Council, advocating City purchase of this property and development of an industrial park area thereon. In reference to suggestion that lanning Commission members be paid, advanced at May meeting, chairman reported that both State Code and Commission By -Laws stated that members served without compensation. There belong no further business, meeting adjourned. A higher wall around suburbia The economic stakes in integrating the suburbs are high, and they have pro- duced some unusual alliances. Civil rights groups argue that as companies and jobs move out of cities, inner-city blacks should be assisted in moving out, too. City officials argue that the so- lution to many of their problems re- quires building new housing in the suburbs. And home and apartment builders and their materials suppliers see suburbs as a rich market for criti- cally needed housing that they are ea- ger to build. These varied groups have generated a growing pressure against local zon- ing ordinances that effectively bar low- income and moderate -income housing from thousands of suburban commu- nities. Some have mounted a handful of potentially precedent -setting court suits to strike.down these zoning bar- riers. This week, in a 5-to-3 decision, the Supreme Court ruled on .one of these suits and set the integration forces back on their heels. The case concerned a 1950 California law that says that be- fore a community can permit low-in- come housing to be built, a majority of voters must approve the housing in a referendum. In 1968, voters in San Jose, Calif., reversed their city council's decision to build up to 1,000 low-income units. Plaintiffs. A group of Office of Economic Opportunity -funded lawyers brought a suit contending that the state law vio- lated the 14th Amendment, which bans racial discrimination. They based their case on the argument, accepted in other civil rights suits, that economic discrimination is, in effect, equivalent to racial discrimination. They enjoyed diverse backing: the .Justice Dept., the National Urban Coalition, and such business groups as thf? National Assn. of Home Builders, th<< National Assn. of Building Manufacturers, the Na- tional Housing Conference, and the American Institute of Architects. A three -judge federal court ruled in their favor. But the Supreme Court reversed the lower court and upheld the referen- dum law. Civil rights lawyers this week gener- ally agreed that the.decision has broad implications —all of which are bad for the cause of suburban integration. What bothers these lawyers is that the decision reverses previous legal at- tempts to make discrimination against the poor equivalent to racial dis- crimination. Zoning codes impose cost standards, not racial standards. Under the new ruling, lawyers will find it harder to show that the effects of zon- ing ordinances are racially dis- criminatory. Richard Bellman, staff counsel for the National Committee Against Discrimination in Housing, says: "Its a major setback. It under- mines a lot of arguments against zon- ing." Justice Thurgood Marshall, the au- thor of the minority opinion, said as much. "It is far too late in the day," he wrote, "to contend that the 14th Amendment prohibits only racial dis- crimination." But Justice Hugo Black, in the majority opinion, said that Mar- r. Justice Black ruled against extending the 14th Amendment. shall's view would mean broadening the 14th Amendment, "and this we de- cline to do." Effects. Long-range consequences of the decision certainly include a possible stiffening of resistance in many com- munities against admitting the poor and black. Nine states have laws call- ing for local referendums on public housing. But Bellman fears other states will enact such laws as a refuge against attacks on zoning. Integrationists, however, are far frrr.7 }1i-o,igh. An NAHn spokesman cali'�e California referendum simply ;'one of the many devices used to forestall the building of low- and mod- erate -income housing." The building industry will continue to fight such de- vices, he insists. Says lawyer Lawrence G. Sager, who is handling another im- portant zoning case for the American Civil Liberties Union involving low-in- come housing in Black Jack, Mo.: "We can build a racial case." Given the so- cial and economic interests at sfake, Sager argues "there's still a very real hall game." ■ 24 BUbINtSb..ZE. 1v 1, 1971 FROM A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF THE MORTH- WEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19 TOWNSHIP ti 6 SOUTH, RANGE 2 EA.3T, RUN N.00 41' WEST 637.2 FEET LO ANIRON PIPE THE POINT OF BEGINNING; THENCE CONTINUE NORTH 10 ai' K-ST 476.86 FEET TO AN IRON PIPE THAT IS 215.14 FEET SOUTH 0 41 • EAST OF THE NOR TKAST CORNER OF GOVERNMENT SUBDIVISION NO. 2 SECTION 199 1610YA10 TOWNSHIP 6 SOUTH; RANGE 2 EAST (OTHER -RISE KNOWN AS THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER), AND ALSO SITUATED 5OU7H 370 0' WEST FROM THE SOUTHWEST CORNER OF BLOCK 52 OF XAGNOLIA BEACH ADDITION TO FAIRHOPE, AS PER PLAT OF RECORD IN MISC. BOOK 1, PAGES 330-31 OF THE PROBATE RECORDS OF BALDWIN COUNTY; THENCE RUN SOUTH 370 0' NEST 160.9 FEET TO AN IRON PIPE THAT IS 310 FEET MEASURED ON A BEARING OF SOUTH 370 0' WEFT FROM AN ENTENSION OF A SOUTH BOUNDARY OF FIG STREET; THENCE RUN NORTH 580 0' WEST PARALLEL TO FIG STREET 360.1 FEET TO AN IRON PIPE ON THE EAST BOUNDARY OF A PARCEL NOW OR FORMERLY OWNED BY LESLIE SHEPHERD; THEN RUN SOUTH O0 05' EAST ALONG SHEP- HERD'S ';AST LINE 76.8 FEET TO AN IRON PIPE AT SHEPHERD'S SOUTH- EAST CCRNER; THENCE RUN SOUTH 890 55' WEST ALONG SHEPHERD'S 1301JTH LINE ?99 FEET TO AN IRON PIPE AT SHEPHERD'S SOUTHWEST CORNER; THENCE RUN NORTH 00 05' EAST ALONG SHEPHERDS WEST LINE 207.1 FEET ,'0 AN IRON PIPE THAT IS 310 FEETMEASURED ON A BEARING OF SOUT}, 370 0' WEST FROM THE SOUTH BOUNDARY OF FIG STREET; THENCE RIJN AORTH 580 0' WEST PARALLEL TO FIG STREET 39.9 FEET TO AN IRQV PIPE ON THE EAST -WEST HALF SECTION LINE OF SAID SECTION 19 THF"NCE CONTINUE NORTH 58 0' WEST PARALLEL TO FIG STREET 545.3 FEET TO A CONCRETE MONUMENT THAT IS 310 FEET MEASURED ON A BEARING 0," SOUTH 370 O' WEST FROM THE NORTHWEST CORNER OF BLOCK 49 of FAID MAGNOLIA BEACH ADDITION TO FAIRHOPE; THENCE RUN SOUTH 370 J' LEST ALONG THE WEST BOUNDARY OF SAID BLOCK 49 363 FEET TO AN IRON PIPE ON THE EAST -TEST HALF SECTION LINE OF SAID SECTION 19; THENCE RUN SOUTH 00 381 EAST 464 FEET TO AN IRON PIPE; THENCE RUN SOUTH 800 22' EAST 1345.7 FEET TO THE POINT OF BEGINNING CONTAININGIN' ALL 16.37 ACRES ................................