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HomeMy WebLinkAbout07-12-1971 Regular and Public MeetingI Fairhope Planning and Zoning -Commission, REgular and Public Meeting, Monday, July 12, 197,115:00 P.M., City Hall. Present: Chairman Parker, members Macon, Box, Arnold, Kirk, (pitman. Absent: Members Bung, Frederick and Gates. Visitors: Mr. and Mrs. Carter, Mr. Stimson, Mr and Mrs. Wright, Mr. and Mrs Sandberg, Mr. Ford, Wade, Dial, Buchannan, Jenkins. Minutes of previous meeting approved as read. PUBLIC HEARINGS: 1. 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 59 Hoyle Worcester Addition to the Town of Fairhope. Mr. Dial explained that he had no immediate use for property but because of its location he hopes to develope it comercially. No opposition was present. 2. Application of M. P. Dial, Jr. to rezone from R-1 to R-3 131 Acres of SWi the NE+ of the S 4 of Section 21, Township 6 South, Range 2 East on Greeno Road north of and adjacent to Fairhope Memory Gardens. Mr. W. D. Stimson places on file petition of opposition signed by 13 residents of South Greeno Road. Mr. Stimson spoke for the opposition and was joined by Charles Carter who lives across from Mr. Stimson. Mr. Dial stated that in his hpinion land adjoining a Cemetery was not choice residential property and that there was already a vegetable stand, a beauty shop, antique shop, sign painting business on the vicinity; also that water would be obtained from the West Baldwin Water Authority, servicing the area. 3. Application of J. Dudley Wade to rezone from R-2 to B-1 lot 199 Block 16, Volanta Subdivision, triagular lot bound by Section Street, Pensacola and Perdido Avenues. Mr. Wade stated that this lot had been used commercially for about fifty years, that he himself had operated the Better - Burger as a non -conforming use for better than 15 years at this location. No opposition was present. 4. Application of Charles S. Davison to rezone from R-1 to R-3, the EJ of NWJ of SWJ of Section 15, Township 6 South; Range 2 East less 10 feet on west and 30 feet on north for road, and containing 4.6 Acres, land located on Morphy Ave., in police jurisdiction. No one present for this case. 5. Application of Mike Ford as agent for Mrs.Harold West to rezone from R-1 to B-1, Lots 10, 112 12, Block 3, Oswalt S/D located on South Section Street adjoining South Central Bell Buildi m s. Wrioht wapted idnf�rmtt1on ?n r$pose J use a proper abu s e no waain ty0es of business at her back yard. Mr. Sandberg asked for listing of business permitted in B-1 and stated that he opposed the re- zoning. DECISIONS ON PUBLIC HEARINGS: Motion by Mr. Macon, seconded by Mr. Arnold, that the Fairhope (planning and Zoning Commission recommend to the City Council the rezoning from R-2 to m-1 lots 1-4, 9-12, Block 49 lots 1-4 and 9-12, block 5, Hoyle -Worcester Addition, as requested by M. P. Dial, Jr. motion carried unanimously. 2. motion by Mr. !pitman, seconded by Mr. Arnold that on the request of the Applicant, action be deferred on the application of M. P, Dial, Jr., to rezone from R-1 to R-39 131 Acres more or less on Greeno Road north of and adjacent to the Fairhope Memory Gardens. motion carried unanimously. 3. motion by Mr. Arnold, seconded by Mr. Pitman that the Fairhope Planning and Zoning Commission recommend to the City Council the rezoning from R-2 to B-1, the South 120' of lot 19, block 16, Volanta Subdivision, property of J. Dudley Wade. motion carried unanimously. 4. mobion by Mr. Macon, seconded by Mr. Arnold that the Fairhope Planning and Zoning Commission recommend to the City Cpuncil the rezoning from R-1 to R-3 the EJ of NWJ of SWf of Sec. 15 Township 6 South; Range 2 East, less 10 feet on west and 30 feet on north for road, 4.6 Acres, as requested by Charles S. Davison. motion carried unanimously. 5. motion bymr. Macon, seconded by Mr. Kirk that the Fairhope Planning and Zoning Commission recommend to the City Council that the request of mike Ford as agent for mrs.Harold West to rezone from R-1 to B-1, lots 10, 11, 12, Oswalt S /D, be denied. Motion carried unanimously. SUBDIVISION: Motion by Mr. Macon, seconded by Mr. Box that preliminary ap- proval be given the Fairhope Single Tax Corporation, Subdivision "Big Head Hummock" on Fig Street subject to changes suggested by Mr. Bateman. motion carried. Fairwood #16 Plat for Fairwood #16 turned over to Mr. Bateman for review with action to be taken after his report. BUILDING PERMITS: Coronary addition to Thomas Hospital on morphy Avenue was ap- proved. 4i Motion by Mr. Box, seconded by Mr. Kirk that the plans for the Lutheran Church on Fels Avenue and South Section Street be ap- proved contingent on the provision of 45 or more off street parking spaces. motion carried unanimously. Motion by Mr. Kirk, seconded by Mr. Box that the building plans for an office, -class room building for the Organic School be approved. motion carried. OTHER BUSINESS: Motion by Mr. Arnold, seconded by Mr. Kirk, that on recommenda- tion of the City Attorney the Fairhope Planning and Zoning Com- mission seek funds from the City Council for the prupose of ad- vertising the Subdivision Regulations of the City of Fairhope. Motion carried. There being no further business; meeting adjourned. Eloise T. Wilson, Secretary AGREEMENT THIS.AGREEMENT, made and entered into this�l_ St day of (July _19.71, between the Alabama Development Office,- Office of State Planning, hereinafter referred to as the "State Planning Agency" and the Fairhope Planning Commission, herein- after referred to as the Planning Commission." WITNESSETH THAT: WHEREAS, the Alabama Development Office, Office of State Planning, desires to cooperate with the Planning Commission in every way possible so that a constructive planning program may be maintained for the total development of the City of Fairhope , Alabama. WHEREAS, the State Planning Agency and the Planning Com- mission have jointly agreed upon Robert S. Bateman & Associates Inc. as planning consultant_to perform the follow- ing scope of services for- the. City" of Fairhope during the period beginning July 1 ; 19717, and ending Jtr-e-10- 19,??. said consultant being under direct contract an -response le -to the State Planning Agency: Revise Base, Zoning and Land Use Map Revise Subdivision Regulations WHEREAS, it is the responsibility of the State Planning Agency to monitor the contractual services rendered by said con- sultant during said project period, the State Planning Agency also agrees to perform the following services: A member of the State Planning Agency staff will attend any of the regular monthly meet- ings of the Planning Commission including any other meetings, such as public hearings or Boards of Adjustment wherein his services are required during the project period. The staff member will assist the Planning Com- mission on problems of both a technical and administrative nature to insure that the consultant's actions are in conformance with existing regulatory measures and the planning elements being prepared. The State Planning Agency staff member will be responsible for reviewing preliminary and final drafts of all reports and studies pre- pared by the consultant, for authenticating periodic payments for services performed and for preparing an evaluation of the work per- formed. ..__EREAS, the State Planning Agency will as__st the Community in the pursuit of its stated goals, the achievement of its enumerated objectives, and the implementation of its community development plans. The State Planning Agency will participate in a manner commensurate with the community in its planning and development process; AND WHEREAS, either party may terminate this Agreement by giving written notice to the other party specifying the date of termination, such notice to be given not less than thirty (30) days prior to the termination date therein specified. Upon the termination of this Agreement as herein provided, the obligation of the State Planning Agency to conduct or carry on the work, studies, research, and investigations hereinbefore provided for shall forthwith cease and the obligation of the Planning Commission for payments for services incurred after said date of termination shall likewise cease. FURTHERMORE, in all matters relating to the performance of this Agreement, the Director of the Alabama Development Office shall act for the State Planning Agency and the Chairman of the Planning Commission shall act for the Planning Commission; THEREFORE, for the purpose of helping provide funds for carrying out the provisions of this Agreement, it is agreed that the Plann. C0o0mm0ission will pay to the State Planning Agency the sum of 33 This sum will be paid immediately upon the execution of this Agreement by the Planning Commission; IT IS FURTHER recognizedthat this contract is made possible by Federal assistance, through the Department of Housing and Urban Development to the State Planning Agency; IN WITNESS THEREOF, the parties have caused this instru- ment to be executed by their representatives thereunto duly authorized as of the day and year written above. ALABAMA DEVELOPMENT OFFICE By Director PLANNING COMMISSION OF THE CITY OF FAIRHOPE BY f V /✓ ,U��--rat ,�. �-c- Chairman By Chief Elected Official r 16- THE WALL STREET JOURNAL, Thursday, June 17, 1971' � Razi.rt,ly of Housing Project, Half Finislicd, Is Ordered Rit a WATI ST11Er2 JCGRNAL Staff Reporl.cr COLUMBIA, Tenn. -A half -completed, low-income housing project in a fashiona- ble residential subdivision here will have to come down, according to a circuit court ruling. Judge William A. Harv,ell said the a700,000 housing project, built with a feder- ally insured loan, violates zoning regula- tions. A temporary injunction issued March 23 against further construction of the housing had been lifted by a consent decree after the. defendant agreed to raze the construction if the ruling went against him. The project, on an undeveloped, four - acre tract, is located in the Idlewild subdi- vision, where homes are in the $25,000 to V60,000 range. Judge Harwell held that the proposed seven structures, including six for housing and a seventh, administrative building, would have accommodated 48 families, or 210 persons, and that the regu- lations established when the subdivision was developed called for limitinn• the land to four families an acre. The judge also said the project should have been submit- ted to the Board of Zoning Appeals. Defendants have 30 days to appeal the ruling. The original suit was brought by a group of residents in the area. Columbia is about 50 miles south of Nashville. 7 u i M i NlfTIONl4L OBSERVER -No More `Nervous' Signs Stringent Denver Law Bans- Signs That Flash, Project Over Street By Alan Cunningham cent of any wall facing on a street. This Fume DENVER was enlarged. slightly from the original City planners and conservationists like proposal so that a savings -and -loan com- pany wouldn't have to take the huge letter to call them "nervous" signs. "W" off the upper face of its skyscraper, a They're the small, internally lighted ad- downtown landmark. vertising signs often seen outside a road- Not covered by the code are advertis- side diner or an auto -parts house. They ing signs on buses, taxicabs, and bus flash on and off, on and off. Salesmen benches, as well as flashing time -tempera - travel from city to city, peddling them to ture signs that don't carry advertising for low -budget businesses. They can be dis- a business. tracting when you drive past them —and A former city planning director, Robert. critics are skeptical about how much busi- E. Giltner, reminisced about the evolution ness they attract. of Denver sign legislation on the evening T This week, "nervous" and other signs the new code was adopted. He recalled that the city first adopted a less sweeping that flash blink, fluctuate, or move will and more conventional code in 1 but be banned in the City and County of .Den- that efforts to expands nn u under had been ver. Two years from now, the ban will way most of the time s then. He in- extend to billboards and signs that project sisted the code reflected no special cononces- too far over streets. sions to any single interest group, but was It is all contained in a newly adopted, the product of "the public wanting more comprehensive sign icode passed by Den- . control over their surroundings." " ter City Council in mid -March after a Planner Vandegrift says Beverly dozen years of discussion and planning. It Hills, Calif., and a few other suburban or . is one of the most unusual antisign laws smaller communities around the country ever enacted by a.major U.S. city. have highly restrictive sign regulations, The code was supported by several citi- but he says the new Denver code is unique zens groups who viewed its adoption as a among large metropolitan centers. Wash - major assault on "visual pollution." The ington, D.C., he noted, bans many project - sign industry and some businessmen pro- ing signs but doesn't go as far as this code _ , ::.; , •: tested bitterly, but city planner Lynn T. does. M ` Vandegrift, its principal author, says he A Possible Flaw? r sees indications that many merchants are happy with the new limitations. Outdoor -advertising industry spokes- ` Some, in fact, started to replace their men say a test of the billboard ban's con - stitutionality will be sought in the courts. signs with more modest ones, designed to Mr. Vandegrift says he expects a similar conform to the new code, even before it challenge from the electric -sign industry. was adopted., He notes, however, that many merchants During nearly two years of meetings appear hesitant to lead the, fight —and for among city officials, merchants' groups, understandable reasons. "I think the busi- and spokesmen for the sign -making indus- ness that does challenge the code is run - try, the code's chief opponents had voiced ning a risk of running afoul of public opin- fears that businessmen would suffer if ion," he says. they had recently poured large sums into 'then One possible flaw in the code, however, new signs andhad to remove them. may cause some embarrassment for the So the code contains an "amortization" city fathers in this sports -minded commu- plan that permits those with more costly nity until somebody figures out a way to 4 signs to wait as long as five years before remedy it. they have to modify them or take them down. As pointed out by Gilbert Goldstein, a lawyer representing the city's billboard in - Those worth $3,000 or less must con- dustry, the code as it now reads seemingly form within two years, and a sliding scale would force the city to ,teas down the provides deadlines for more expensive scoreboard at Mile -High Stadium, where signs —up to those worth $15,000 or more sellout crowds each fall watch the Denver '.—each year after that. 'Broncos play in National Football League Other Provisions competition. A prime effect of the new ordinance will be an end to competition among mem- 'Off -Color' Remarks bers of the business community for bigger and more eye-catching signs, one of the Lead Woman to Resign trends that has contributed to the growth of a "Los Angeles look" along some com- A woman who said that a male em- mercial streets. ploye in her office made a practice of The ordinance also will: "patting her on the bottomside" was justi- ✓ Do away with signs that extend fied in quitting her job and deserves un- from a building, including theater mar- employment compensation, the Iowa Em- quees, that stick out more than two feet. ployment Security Commission ruled in Des Moines. ✓ Limit the height of free-standing signs anywhere in Denver to 32 feet, just a The decision benefits Mrs. Charlotte little taller than a two-story house, A. Behmer, 36, of Clear Lake, Iowa, who quit her job as a finance -company cashier. ✓ Ban portable signs or banners that Mrs. Behmer also had complained of "off - flutter in the breeze. color" remarks and too much sex talk ✓ hold the size of wall signs to 3 per and sex stories for her to tolerate.