Loading...
HomeMy WebLinkAbout06-12-1976 Regular MeetingJ THE FAIRHOPE PLANNING AND _ZONING CO`MISSI_ON Minutes for Meeting; June 7, 1976 The Fairliope Planning and 'Zoning Commission met in regular session on ;Monday, June 7, 1976 at 5:00 P.M., at the City Administration IMilding, 387 Fairhope Avenue, Fairhope, Alabama,with Chairman John S. Parker presid'-. ing. The following members were present: :Mayor James P. Nix, 'Mr.. Chester Billie, Mrs. Leona Newman, Mr. Jack Kirk, Mr. Cecil Pitman, and Ur..Pierce Fredrick. Also present was South Alabama Regional Planning Consultant, Mr. Don Pruitt. Absent from the meeting: Mr. Harf-ord field and Mr. Barney Shull. I•layor'James P. Nix moved, seconded by Mrs. Leona Newman,to approve the minutes of the May 3, 1976, regular meeting. I•lotion carried. r. The first item brought before the Commission was the application of Mr. Sam W. Irby for a change in Zone from R-2 Medium Density Single Family District to B-4 Business and Professional Offices District the property identified as Lots 16, 17, 20, and 21, Block 16, of the Volanta Subdivision. This property is bordered on the north by Seminole and Pensacola Avenues, on the south by Perdido Avenue and on the east by Section Street. Mr. Irby stated that lie desired the change in zoning to B-4 in order to erect a professional office building which will comply with the requirements of B-4 zone, as stated in the Zoning Ordinance. Many of the property owners within 300 feet were present at the meeting:; to discuss the request of Mr. Irby. The ingress and egress of traffic, the uses permitted in a B-4 zone and the type of building which Mr. Irby will erect were some of the questions which adjacent property owners discussed. Chairman Parker asked for a show. of hands of those present who would be effected by the rezoning in order for the Commission to have an input as to how'many were in favor or opposed to the rezoning. Mr. Cecil Pitman moved -to recommend to the City Council that Mr. Irby's request for rezoning be approved subject to no ingress or egress of traffic off of Section Street, and for final plans to meet with the approval of. the Building Inspector. Mr. Chester Billie seconded the motion. The following, vote was recorded: AYES; Mr. Chester Billie, Mr. Cecil Pitman and Mr. Jack: Kirk. NAYES: Mrs. Leona Newman. ABSTAIN: Mayor Nix, and Dr. Frederick. Motion carried. II, The next item brought• before the Commission was the Subdivision Application of Robert J. Potter and Beverly.J. Potter for Preliminary approval of Linn -Ridge Subdivision; a subdivision of. 88.78.,acres, more or less, into 31 lots. The property is located in Section,12, Township .6, south, Range 2 East;.and is located on Alabama llighway •104 approximately three and one half (3-1/2) miles east of the corporate limits;. Mr.' Robert, Potter and Mr.'Ack Moore of Moore Engineering were present to represent the application. Mr. -Cecil Pitman_ moved-to.grant Preliminary Plat Appro- val of the Linn-RidF e Subdivision for Units 1 and 2 subject to..(1) a written notification to the Commission from the County(to be sutured by applicant) that they will accept it for maintenance, and (2) that the adjacent property owners he notified by the,Commission so that they may be present at the next meeting of the Planning Commission if -they so desire., Mayor Nix seconded the motion. Motion carried. III. The Application of Mattew P. Dial, Jr. and Doris S. Dial. .for Final. Plat Approval of Commercial Park Subdivision; a r.,esurvey of part of. Vorchcster Subdivision; located on the south side of I'iichols Street approi7n..itely. 343 feet west of the southwest corner of Greeno Road and Nichols Street was the next item hrought before the Commission. IMr. Matthew Dial and Mr. tick Iloore of Moore Eng;incering were present to represent the application. -" Mayor James P. Nix moved to grant Preliminary and Final Plat Approval upon the po"sting; of a Bond for the installation of the Utilities and the Streets, and securing a vacation of the Right -of. -Way from the City. Cecil Pitman seconded the motion. Motion carried. Page No. 2 Fairliope Planning Commission Minutes for Meeting;, June 7, 1976 IV. Mr. Jack Cummings presented a Site Plan of a proposed multi -family complex to be located on Church Street to the Commission, I1r. Cummings stated that his proposed site meets all of the requirements of the Zoning; Ordinance and his plans are to construct twenty-six (26) one (1) and two (2) story apartments, one (1) and two (2) bedroom units, with two (2) parking spaces per unit with all off-street parking. After a discussion of Mr. Cummings proposed site -plans Mayor James P. Nix moved to approve the Site -Development Plan as presented by Mr. Jack Cummings. Dr. Pierce Fredricks seconded the motion. Motion carried. V. Mr. Victor Glazner was present at the meeting to represent the St. Lawrence Catholic Church on the proposed new assembly building to be located on the St. Lawrence Catholic Church property. Mr. Glazner stated that they would like to construct a multi -purpose assembly building which would be ten (10) feet off the west property line and on the setback line of Ann Street. Mr. Glazner stated that he was present to get the Commission approval of the location of the new building. Chairman Parker told Mr. Glazner that final approval of the site location would have to come at the time that the Building Permit was applied for, and that the Commission could only comment on the building placement and required parking at this time. Mayor James P. Nix moved to grant preliminary Site -Plan Approval of the proposed building providing that the Final Plans are similar to those presented at this time, and that the front and side yard requirements are met according to the Zoning Ordinance, and with eighteen (18) additional parking spaces to be provided. Cecil Pitman seconded the motion. Motion carried. VI. Chairman Parker read a letter to Commission members from Mr. Claude Clark, Administrator of Thomas Hospital, stating his appreciation of the Planning; Commission, for their efforts. VIII. Mr. Carlton Niemeyer was present for an informal discussion on a proposed subdivision application of 5.43 acres on Chestnut Street into eighteen (18) lots. Mr. Niemeyer asked the Commission what problems would be!presented regarding, the paving of the street and the water and sewer line. The Commission told Mr. Niemeyer that the street will have to be paved on an Assessment Program, and that if lie puts in the water and sewer they could see no problems in approving his application for a subdivision, once presented. There being no further business to come before the Commission the meeting was adjourned. APPROVED Respectfully submitted, Lynn Adams, Secretary Fairhope Planning Commission BY THE COMMISSION ON _7//?/ 976 az�14AIUIAN .A -Register & Press Mobil., Saturday, .Juno 761 t9ie ''� ° �' �- It ; .J r e to.- ..good sen.8e tii,,.._are deeply concerned over i'loi,g list of regulations propos- 2d by the State Board o€.Health .o tighten controls.. over water supply and sewage.: disposal systems infuture subdivisions... While we are in favor of main aining good public, •health, we.. ,vere under the impression that .here are already enough pro- ccts and programs under. way to, ake care of that matter. But apparently, the . State 3oard of -Health doesn't think so ind, as a result of. so much nterest in its new proposals, is folding public hearings. One ,of those hearings ,. held agree.with him, that implemen- Aation' of the proposed, regulations at this time is "ill advised" because of, long-range; federal water and" sewer; ..development programs. in this' ,,,area'.'. He added that under the; circumstances the cost effec- tiveness of requiring community sewer systems in all subdivisions with 50 lots or more is questionable. _ A. widely known Mobile`: homebuilder, S.S. Steele, called' the proposed. regulations "over - regulatory and oppressive" and - a. "gross usurpation of power" on, the part of the Board of Health. sere this week, drew fire from a ., Bernie Shontell,.,president- of ,ombination, of homeb�uiiders, the Homebuilders Association of and developers and public of- ` Mobile, drew applause' when he; said, `.`There is not one section of :.x!.JJrick N. Tindal, a building these regulations that does not. fficial who spoke on behalf. of need to be revised. It' is a totali he" -Baldwin County Com-"".authorization takeover." 'thei aission, declared that -a par.- Board of Health." icular :section of. the proposed , He claimed, wisely;' we feel,; egulations . "will . effectively .. that ls` and -use regulation.should' aralyze. building- in. Baldwin be enacted by elected officials! 'ounty. instead of bureaucrats and He was referring to new rules, subdivision regulations' enacted put, into force,-. that ,will in 1973.are'sufficient. rohibit all construction on Another speaker at the hearing' roperty that lies within the 50- said, appropriately,;: "Shoving' ear -flood stage. The 50-year- ''things down peoples', throats is nod Sucre means the level to tf Each flood waters rise with a 'equency of once in 50 years. That half -century flood level'at =.zlf ;hoses is 10.4 feet and about per cent of the homes being ,lilt now in Baldwin County are dated in the coastal areas. IN,-, must say that Tindal has a point, and so does Richard Pruitt, executive director 'of ie South Athbama' Regional fanning C' ffiAli'ssion.- , .pointe(l out an,-, not democracy.. ` However; most. ±1opponents' included somewhere in their. statements that all parties. should work together for . something we can live with." That is pretty much our own attitude in this .matter. The! Board of Health, is charged,with protecting the public health but there is no reason we know of ,why it shouldn't „incorporate ' common sense in the implemen- tation of ;ts task. To: Fairhope Planning Commission Members The pending new State Board of Health requirements for water and sewer improvements in subdivisions would have a considerable effect on Fair - hope subdivision regulations. I encourage you to study the attached material and be in- formed when developers and citizens of our community ask you about -these topics. John Parker !Mobile Register Filday, June a, 1716 F f s r It��o' I A�d, y. By ROYCE HARRISON Register Staff Reporter, A lengthy- list of proposed regulations drawn up by the State Board of Health to tighten controls • over water supply and sewage dis- posal systems in future subdivisions statewide faced -furious criticism from dozens of outraged Mobile -area I)omebuilders, land developers and g.)vernment officials during a public's hearing Thursday afternoon. - One particular section of the propos- ed .regulations "will. effectively paralyze building in Baldwin County," _ said Kendrick N. Tindal, Baldwin County building official, who spoke in behalf of the Baldwin County Coin - mission. Specifically addressing new rules that will prohibit (if a acted) all i construction on property that lies within the 50-year flood sta , Tindal said that about 70 per cent of all homes being built now in Baldwin County are located in coastal areas. Other speakers noted that the 50- year flood stage for Gulf Shores, for exarn,-de, is 10.4 feet above sea level. "The commission must oppose these regulations," Tindal said. "I ad- mit we must do something about sep- tic tanks," he added later, but said that "more equitable" . regulations must be drafted. Rich�tr•d D. Pruitt, executive direc- tor of the South Alabama Regional Planning Commission, said, "While we concur in principle with the intent of these regulations, implementation is ill-advised at this time.::" because of long-range federal water and sewer development programs currently un- der way in this area, because the cost- effectiveness of requiring "communi- ty sewerage systems" in all sub= divisions with 50 lots or more is questionable, and other reasons. Other speakers were considerably less kind than Pruitt and Tindal. S. S. Steele, who owns the real es- tate firm S. S. Steele & Co. Inc., called the regulations "over -regulatory and oppressive" and a "gross usurpation of power" on the part of the Board of Ifcal th. "Evan though the FIIA (Farm Ilome Administration) and the VA (Veterans Administration) have for years required lot sizes of 15,000 square feet where public water is available but public sewers are not, and of 20,000 square feet where neither is available, you have arbitrarily set sizes of lots at 20,000 and 43,600 square feet (one acre) respectively," Steele heatedly stated. (The FHA and VA re- quire those standards for lots where septic tanks and/or private wells must be used before approving applications for home loans.) "llomebuitders and homeowners will suffer a great loss if these regulations are enacted," Steele said, and received a loud applause. Another loud, long applause follow- ed the president of the Homebuilders Association of Mobile to his seat when he closed his remarks with, "There is not one section of these regulations that does not need to be revised. It is a total authorization .takeover by the Board of Health," said Bernie Shontell. Saying that land -use regulations should be enacted by elected officials instead of bureaucrats and that current subdivision regulations enacted in 1973 "are sufficient," Shontell recommended changing the regulations through cooperative effort between the Board of Health, a citizens advisory committee and others. Another speaker said, "Shoving things down 'peoples' throats is not democracy.'' Most opponents included a statement such as,. "Let's work together for something we can live with," in their statements. Clearly, local opponents are as up- set'bN.,ause "no one in the industry was consulted," as they are because the proposed regulations will push the price of new houses higher, some speakers emphasized. "One reason these regulations slap people so hard is because of things developers have tried to get away with," said John R. Wible, an assis- tant attorney general of Alabama and attorney for the state Board of Health's Environmental Health Division, who headed the meeting. "In the last few years they have taken any route they can to try to beat us." Both Wible and Cecil Cork, acting director of the board's General Sanita- I tion Division, explained that almost all land in Alabama has a genuine sanitation problem when septic tanks are used. In north Alabama, un- derground rock formations prevent septic tank effluent from draining safely enough below ground level, and in south Alabama, high groundwater levels push effluent to the surface. Also, Cork explained that tine state is being developed at an average rate Of 10,000 acres per year, and "we are experiencing more problems because septic tanks are failing more often as developers move to less suitable land." Wible further stated that the Board of Health is empowered to establish and enforce such regulations as it deems necessary to protect public health. Ile said the board's rehulations are not law per se, but "have the effectiveness of law," and that the regulations could take effe( tomorrow if the board voted them it Curiously enough, as Cork pointc out, the board does not even have I hold public hearings — or let anyor know beforehand - about ne regulations -- before putting then into effect. He did say. however, th; board members decided to obta some citizens' .input before makir their final decision about this list c regulations. The list is being opposed statewide according to Wible. Ile said that of jections are so strong that a series t public hearings has been set fc different areas such as Birmingham Etowah County "probably," Baldwi County and others. Mobile Countians can subrn written statements through July 19 1 i W. T. Willis, director of the state Environmental Health A(i ministration, State Office Buildin! Montgomery 36130. Anyone interested in obtaining copy of the regulations can write tl- sarne address. Of the estimated 200 person attending thehearing, onl�j,a handh urged that the regulations. ' ; ffec Those proponents include,,,__xnow _,,, environmentalists and consel vationists such as Mrs. Maris Gardner of Chickasaw; Mrs. Nlyl Jones of the Mobile Bay Audobo Society, and Mrs. Verna Horn chairman of the Environmental Con mittee of the Alabama League .Women Voters. Mrs. Gardner said she and he neighbors, even though they live o high ground, have had constr problems with septic tanks and the "'ouz children had to go to doctors fc penicillin• shots to stop skin infec tions..." But by far the most outspoken it dividuals were homebuilders such a John M. Howard, of Mobile Count, who said "every small land develope will be bankrupt in six months" if th retiulations are enacted. "It's going to be impossible t decrease the Cott of hou.Sing if you tr ple the cost of the lot," Howard sa i( later adding. "It will give low an middle income people three choices either live with in-laws, pitch a tent o live in government-sponsore housin;