HomeMy WebLinkAbout07-02-2012 Planning Commission MinutesJuly 2, 2012
Planning Commission Minutes
The Planning Commission met Monday, July 2nd , 2012 at 5:00 PM at the City
Administration Building, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; George Roberds, Vice-Chair; Tim Kant; Bob Clark;
Dick Charles; Jennifer Fidler; Debbie Quinn; and Jean Wilson. Jonathan Smith, Planning
and Building Director; Emily Boyett, Secretary; and Nancy Milford, Planner
Absent: Gary Moore
Chairperson Lee Turner called the meeting to order at 5:00 PM and announced the
meeting is being recorded. The minutes of the June 4t\ 2012 meetin? were considered
and Dick Charles moved to accept the minutes as written and was 2n by George Roberds.
Motion carried with two abstentions by Jennifer Fidler and Debbie Quinn.
ZC 12.02 Request of Darwin and Nikki Harris for zoning change from R-1 Low
Density Single Family Residential District to B-2 General Business District, Danny
Calhoun. The property is located at 19283 S. Greeno Road and consists of
approximately 1.14 acres. Nancy Milford gave the staff report saying the applicant is
proposing a pre-owned automobile dealership. Mr. Harris informed staff there will be
approximately 6 to 8 cars on the lot to start up the business and he does not anticipate
more than 15 cars to be on the lot for sale after the dealership is established. Mr. Harris
has self imposed the condition of a privacy fence and a 20' landscape buffer on his
western property line. The subject property is bordered by R-6 Mobile Home, unzoned,
and R-1 Low Density Single Family Residential districts. Staff has received multiple
favorable letters from the adjacent property owners. Mr. Robin Herndon, the property
owner to the north, requests a privacy fence along their mutual property line. Staff
recommendation is to approve conditional upon the following:
1) A buffer along the eastern side of the property facing Greeno Road consisting of a
small fence with planting to the satisfaction of the City Horticulturist.
2) A privacy fence and a twenty foot (20') landscape buffer on the western property
line. The buffer shall be heavily vegetated with evergreen plant materials to the
satisfaction of the Fairhope City Horticulturist.
3) All applicable City of Fairhope Ordinances shall be met.
4) Applicant shall work with the adjacent property owner to the north, Mr. Robin
Herndon, for a fence or buffer.
Danny Calhoun addressed the Commission on behalf of the applicant. Mr. Calhoun
stated he and Mr. Harris have spoken with all of the property owners within 300' and no
one has objected to the rezoning, even Mr. Herndon. He said Mr. Harris is willing to
work with l\1r. Herndon regarding a buffer but he doesn't feel that a privacy fence is the
best solution. Mr. Calhoun stated the Harris' are aware of the staff recommendation and
they are willing to comply with the conditions. Mr. Tuner opened the public hearing.
Having no one present to speak, the public hearing was closed. Mr. Charles stated he has
never seen a case that has not had any objections from surrounding property ovvners. Mr.
Clark said when he went by the site there were not any signs posted. Mr. Smith stated a
sign was put out on June 11 th and he believes the recent inclement weather may have
caused the sign to be blo\\11 down. Mr. Smith said a new sign was posted as soon as staff
was aware it was down and he is working on having new larger, sturdier signs designed
to help eliminate these type problems. Mr. Turner suggested that maybe staff could take
a picture of the sign once it is posted on the property and include it in the file for
July 2, 2012
Planning Commission \1inutes
verification. Mrs. Fidler questioned what other uses would be allowed on this site if the
proposed car lot fails. Mr. Smith responded B-2 is the highest level of commercial
zoning and there is a complete list of uses in the Zoning Ordinance. Jean Wilson moved
to accept the staff recommendation to approve conditional upon the following:
1) A buffer along the eastern side of the property facing Greeno Road consisting of a
small fence with planting to the satisfaction of the City Horticulturist.
2) A privacy fence and a twenty foot (20') landscape buffer on the western property
line. The buffer shall be heavily vegetated with evergreen plant materials to the
satisfaction of the Fairhope City Horticulturist.
3) All applicable City of Fairhope Ordinances shall be met.
4) Applicant shall work with the adjacent property owner to the north, Mr. Robin
Herndon, for a fence or buff er.
George Roberds 2nd the motion. Mr. Turner recommended the requirement of a small
fence be removed from the first condition and it left up to the property owner and the
Citv Horticulturist to reach a consensus. Mrs. Wilson amended her motion to remove the
req~irement of a fence along Greeno Road and Mr. Roberds amended his 2nd . Mrs. Fidler
stated the Tree Ordinance requires a 20' buffer along Greeno Road with 4' trees or
shrubs; therefore, the cars may not be visible. She also referred to the Comprehensive
Plan and expressed concerns with the change in density. Mr. Turner agreed with Mrs.
Fidler's comments but concluded that Greeno Road is not a suitable residential area.
Mrs. Quinn suggested the applicant could use ramps to help with the visibility of his
inventory. Mr. Kant explained the 4' height that is referenced in the Tree Ordinance was
put in for the screening of parking lots, not for cars on display. He stated there is a car lot
on Fairhope Avenue that was allowed a 2' height so their inventory could be seen. Mr.
Calhoun said the 4' height requirement would obstruct the view of Mr. Harris' business
and 2' would be better. Mrs. Wilson said she does not believe the Commission has the
authority to change the requirements. Mr. Turner re-stated the motion made by Mrs.
Wilson and 2nd by Mr. Roberds to accept the staff recommendation to approve
conditional upon the following:
1) A buffer along the eastern side of the property facing Greeno Road consisting of
planting to the satisfaction of the City Horticulturist.
2) A privacy fence and a twenty foot (20') landscape btiffer on the western property
line. The buffer shall be heavily vegetated with evergreen plant materials to the
satisfaction of the Fair hope City Horticulturist.
3) All applicable City of Fairhope Ordinances shall be met.
4) Applicant shall work with the adjacent property owner to the north, Mr. Robin
Herndon, for a fence or buffer.
Motion carried with the following vote: A YE -Tim Kant, Bob Clark, Lee Turner, Dick
Charles, Jean Wilson, George Roberds, and Debbie Quinn. NAY Jennifer Fidler.
Having no further business, George Roberds moved to adjourn and was 2nd by Tim Kant.
Motion passed unanimously and the meeting was duly adjourned at 5:20 PM.
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Lee Turn er. Chairperson
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