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HomeMy WebLinkAbout08-04-1975 Regular Meeting0 -1- THE FAIRHOPE PLANNING AND ZONING COMMISSION Minutes for Meeting of August 4, 1975 The Fairhope Planning and Zoning Commission met in regular session on Monday, August 4, 1975, at 5:00 P.M., at the City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama with Chairman John Parker presiding. The following members were present: Mayor Nix, Mr. Harford Field,'Mr. . Chester Billie, Mr. Ray Gibson, Mr. Jack Kirk, Mr. Cecil Pitman, Mr. Barney Shull, and Dr. Pierce Fredrick. The following members of the Fairhope City Council were present: Mr. Sam Box and Mr. H. G. Bishop. The minutes of the July 7, 1975 meeting were approved as recorded. The minutes of the Joint Public Hearing of July 21, 1975 were approved with the following corrections: (1.) On Pg.#2: Change the statement on Mr. Bob Green to read, "Mr. Bob Green of Green's Nursery mentioned that some of ' his lots appear incorrectly on the map:" (2.) On Pg.#2: Insert the following in Mrs. Scott's statement: "The rezoning of the Bay Front R-2 meeting the require- ments of R-1 as were proposed." (3.) On Pg.#4: Insert the name of Mr. Ben Kilburn. The first matter brought up for attention was the review of the Zoning Map by the Planning Board and the Fairhope City Council. Chairman Parker asked Commission and Council members to make note of the following three (3) Proposed Zoning District Maps, each one reflecting corrections or modifica- tions relative to the prior proposal, in an -effort to avoid future confusion: 1. Zoning Map Proposal - (original) June 11, 1975 2. Revised Map #1 -- June 27, 1975 (Published in Advertisement for Public Hearing) 3. Revised Map #2 -- August-4, 1975 -2- The proper depicting of the parks on the zoning map was discussed. Councilman H. G. Bishop stated that he would like the Fairhope Single Tax Corporation land leased by the City for parks shown on the map just like other park areas. There followed a discussion on certain areas which were actually City land, not presently developed as parks, but were not shown on the map as City land. Mr. Harford Field said that the zoning map denotes land use, and that he felt it was wrong to show City property as a park unless the land is used as a park or designated a park. Councilman Sam Box said that he agreed with Mr. Field, and stated that he was in favor of going ahead 14ith the map as it is and research the City property later. Mayor Nix made a motion to leave the City lands as they appear on the map for the time being and have the City proceed with the research in order to define City Park Land from Fly Creek to Gayfer Court along the Bay Front with the results to be referred back to the Planning Commission for consideration, and also on future maps designate as municipal park area. The motion was seconded by Barney Shull. Motion carried. Chairman Parker requested that the map include Summit Street right-of- way indication on the map between St. James and Morphy Avenues. It was agreed to. A discussion followed on the error made in the publication of the area on the south side of Morphy Avenue. This area was published as B-2 and should have been published as B-1. It was brought up that this area would have to stay B-2 as published or revert back to the original zoning of R-1. The Planning Commission could initiate the change to B-1 at the September meeting. Mr. Harford Field made a motion to leave the area on the south side of Morphy Avenue as B-2 for the time being, with the Planning Commission to initiate rezoning at the September meeting from B-2 to B-1 of the lots on the south side of Morphy Avenue. Mr. Chester Billie seconded the motion. Motion carried. It was concluded that the published map (Revised Map #1 of 6/27/75) would be the final map acted on by the City Council with the following corrections: 1. "R-2" area at north edge of map between Old Hwy.98 and 4 lane hwy. was mistakenly labeled "R-2" and will be retained "R-l" as previously zoned. 2. "B-3b" area outlining the Welker property on east side of Mobile Avenue south of Nichols Avenue boundary line corrected. 3. "B-3a" area of Shoreham Condominiums on west side of Mobile Avenue corrected to show proper boundary. 4. Developed municipal park areas are to be added to the map as adopted. Mr. Barney Shull moved to instruct the Mayor and the Chairman of the Planning Commission to sign the marked map dated August 4, 1975, as the corrected map to be given to the City Council for consideration at the August 11, 1975 meeting of the Fairhope City Council. Mr. Jack Kirk seconded the motion. Motion carried. The Capital Improvements Program and'Budget for the City of Fairhope was presented by Mrs. Tommie Werneth of the South Alabama Regional Planning Commission. After a brief discussion, Mr. Harford Field made a motion to hold over acting upon the Capital Improvements Program and Budget until the Commission members had a chance to further study the docu- ment,, -with recommendations of the Planning Commission to be made at the September meeting and forwarded to the City Council. The motion was seconded by Mr. Chester'Billie. Motion carried. rt State of Alabama County of Baldwin The City Council of the City of Fairhope Alabama and the Fairhope Planning Commission met in joint public session on Monday July 21, 1975 at the Adult and Tourist Recreation Center, 352 Morphy Avenue,. Fairhope, Alabama, at 7:OOP.M. The joint public session was on the new proposed Zoning Ordinance and the new Zoning District Map. The following members of the Fairhope City Council were present: Mayor James P. Nix. Councilmen: Sam Box; Barney Shull; Henry Bishop; David Bishop. Councilman 011ie Deese was not present at the meeting. The following members of the Fairhope Planning Commission were present: Chairman John Parker. Members : Harford Field; Ray Gibson; Dr. Pierce Fredrick; Cecil Pitman; Cheater Billie; Jack Kirk; Mayor James P. Nix; and Councilman Barnet Shull. N Mayor James P. Nix opened the meeting and turned it over to Chairman John Parker to conduct the public hearing portion. Chairman John Parker reflected on the City's organization and the purpose of the joint public meeting. Chairman Parker explained the purpose of the the Fairhope Planning Commission, and the need for a new Zoning Ordinance and Zoning District Map. Chairman Parker stated that the Planning Commission started the effort by carrying out a community attitude survey about three years ago, and baled on the input from that the Fairhope Planning Commission proceeded to study an overall community development plan. -2- VI Chairman Parker stated that for the last year and a half the Fairhope Planning Commission has been involved in developing a new Zoning Ordinance to replace the one that was adopted in 1964. Mr. Parker noted that the new proposed Zoning Ordinance wasn't a complete replacement but rather a refinement and an upgradeing of the one presently in effect and contains many of the same things. Chairman Parker opened the meeting to any questions that the people might have concerning the new Zoning Ordinance and Zoning District Map. All of the property which is included in the new Zoning Ordinance for rezoning was discussed and the reasons for the zoning changes were given. Many of the citizens at the meeting spoke out against spot -zoning. They maintained that the new Zoning Ordinance put property back into incompatible use perpetuating the need to come back for a zoning change. The Fairhope Single Tax Corporation had sent a letter on the same point. Mrs. Pitman who resides at 807 Prospect Street in Fairhope Alabama presented the following grievance: Mrs. Pitman stated that she was against the Grand Blvd. extension over Fairhope Avenue being made into apartments. Mrs. Pitman stated that the Fairhope City Council has over- ruled the Fairhope Planning Commissions decisions on this property and said that if the Council was going to override the Planning Commissions decisions than they should dissolve the Planning Commission. Chairman John Parker said that they Planning Commission wanted to leave this area as a buffer. Mr. Bob Green of Green's Nursery mentioned the lots appearing on the map. Another citizen of Fairhope, Mrs. Scott, mentioned that a vote was taken a year ago on the rezoning of the Bay Front, Chairman John Parker said that the lots did not meet the requirements of R-1 and were upgraded to R-2. Mrs. Scott maintained that zoning the area along the bay front D-3A was �•- -3- another example of spot zoning. Mrs. Scott said that the entire bay area should be rezoned R-1. She said that the lots were larger than R-2 lots. Mr. Harford Field said that there were too many parcels of land that did not qualify as R-1. Mr. Field maintained that the property which was rezoned B-3A was in the best interests of the community as it would develop tourist facilities close to a recreational center. It was mentioned that out of seventeen residents of that area surveyed fourteen ( 14 ) wanted the area zoned R-2. Mr. Amos Wagner asked for recondideration on the land on the E/S of Greeno Road north of Fairhope Avenue . Mr. Wagner asked that rather than being zoned R-4 that this property be zoned B-4. Chairman Parker said that the Planning Commission felt that by rezoning that property R-4 , it would be a buffer between a R-1 and B-2 area. Mr. Parker said that B-4 would allow a further extension of business to the north and allow for multi -family dwellings. It was brought up that a little strip of land on the east side of Mobile Avenue should be included in the rezoning of the Welker property from B-3A to B-3B. It was noted that this strip of land would be included and corrected. It was mentioned at this time that the new proposed zoning ordinance and zoning district has not been adopted and therefore was not yet official. Thereby the purpose of the joint public hearing was to inform the public and then get their opinions. One citizen said that the area on Seminole, Perdido and Mobile Avenue was zoned R-2 with the execption of two ( 2 ) lots. He wanted to know what would protect the people in that area from someone coming in and build4ng multi- family houses. Mr. Parker said that there were safe guards against a single family dwelling being made into a multi- family dwelling and any violation of the zoning laws should be reported to the City Administration. Mr. Harford Field stated that it was the duty of a citizen to report any violations to the City of single family dwellings being converted into multi- ---- - — -- --� - -- --- ---•— - -- — — - --V -4- 'Family dwellings. It was noted that the maintainence of the zoning regulations was the responsibility of the City Administration and not of the Planning Commission. Mr. Lloyd Taylor said that he protested the area on Greeno Road being zoned R-1. He said that there were business areas all along Greeno Road , and that Greeno Road was a commercial road. Mr. Taylor said that most supplies coming into or going from Fairhope used the Greeno Road. Mr. Taylor said that R-1 was too restricting and could not understand why it could not be set up for business use. Mr. Parker said that this did not comply with the evolution of land use. Mr. bathers said that any citizen could go to the Library in Mobile and study the information available to them , and it would be easy to prove that this property was more valuable as residential than commercial. One person spoke out that he had property that he could make a lot of money of if this area was rezoned as commercial property, but that he would prefer the area staying zoned as it is. He said that all one had to do was go to Mobile and look at Airport Blvd, if one wanted to see- a first class mess of establishing service roads. He said that he didn't want to see Fairhope " Junked Up " , like everyplace else. Mr. Pitman had a comment on the area zoned B-4 on Morphy and Fairhope Avenues. He said that the Planning Commission had left no access to the property from anywhere. Mr: Parker said that there was access from Greeno Road. One citizen said that the buffer zones on Prospect and Pleasant Streets of two lots ( 2 ) would hurt people like himself. He said that no one would want to buy his property. Mr. Harford Field said that the Planning Commission felt that B-4 would be an excellant buffer between commercial and residential. He said that this area could be developed professionally with offices and was trying to protect the property along this area. -5- Mr. Claude Arnold said that there was one significant oversight in the new proposed zoning ordinance. He stated that parks designated for park purposes should be so designated on the new Zoning District Map. Mr. Arnold requested that the map makers put the parks on the map. Mrs. Rockwell of the Fairhope Single Tax Corporation said that a letter was sent to the City concerning areas surrounding the central business district. Mrs,. Rockwell said that they would like this area all zoned B-2 rather than a combination of R-2 and B-2. After hearing the protests of the people Chairman John Parker asked for an indication of the community independant of objections or support with the people expressing there support or lack of it by a show of hands. At this time the majority of the people were in agreement that they were in favor of the new zoning ordinance and zoning district map. The meeting adjourned at 9:35 P.M. Respectfully Submitted; L:ftm Adams Secretary Fairhope Planning and Zoning Commission