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HomeMy WebLinkAbout11-07-1977 Regular MeetingI. THE FA.IRHOPE PLANNING AND ZONING COMMISSION Minutes for November 7th, 1977 Meeting The Fairhope Planning and Zoning Commission met in regular session on Monday, November 7th, 1977, at 5:00 P.M., at the City Administration Building 387 Fairhope Avenue, Fairhope, Alabama with Chairman John S. Parker presiding. The following members were present: Henry Bishop, Harford Field, Dr. Pierce Fredrick, Jack Kirk, Leona Newman, Mayor James P. Nix. Mayor Nix moved, seconded by Dr. Fredrick to approve the minute of the special meeting of September 15, 1977. Motion carried. Mayor Nix moved, seconded by Leona Newman to approve the minute of the regular meeting of October 3, 1977, Motion carried. Chairman John S. Parker welcomed Councilman Henry G. Bishop_ as a new member of the Commission. The First item brought before the Commission was the application of Mr. J. Russell Kilgore for a change in zoning from R-2 Medium Density Single Family Residential District to R-3 Limited Multi -Family Residential District for property located on the north side of Pecan Street. Mr. Kilgore was present to represent the application. Mr. Kilgore said that his proposed plans would be to construct four (4) duplex housing units that when combined would total eight (8) housing units. Ingress and egress to the premises would be via Pecan Street. Mr. Kilgore stated that there was a commercial enterprise going on at this time on a portion of his property and he in no wav intended to decrease the value of the present enterprise. Mr. Kilgore said that he met all of the criteria of the Communi. v Development Plan on his request for rezoning, and further state that he felt this would be an even better buffer zone at this time due to the fact that the Citv recently annexed 30 + acres of property south on Section Street into the City at a commercial zone. Mr. Kilgore said that much of his land was not develop- able due to the tower site and the low areas. Chairman Parker informed Mr. Kilgore of the need to segre;, the developable land from that devoted to radio operations under the Grandfather Application, by deliniating that which would remain commercial and that which would be developed. Mr. Kilgore told Commission members that if thev so desire, he would be more than agreeable to rezone just the area. to be developed rather than all of the property. South Alabama Regional Planning Consultant Don Pruitt said that the property which he evaluated was the 1.29 acres on the west end of the property. Mr. Kilgore said that he would be agreeable to R-3 zone for the 1.29 acres and would submit a letter restricting him to constructing nothing larger than duplexes. Chairman Parker suggested a joint public hearing between the Planning Commission and the City Council and said that he felt the Commission should not submit a recommendation to the Citv Council without first participating in a joint public hearing. Mr. Harford Field said that Mr. Kilgores present applica- tion was for a different development than his two (2) former applications and that he felt it would be an acceptable type of buffer -zone. Mayor Nix moved, seconded by Chairman John S. Parker to hold a joint public hearing between the Planning Commission and the City Council prior to making a recommendation to the City Council. Upon being put to vote the following vote was recorde, AYES: Jack Kirk, Mayor Nix and John Parker. NAYES: Dr. Fredrick, Cecil Pitman, Leona Newman, Harford Field. ABSTAIN: Henry G. Bishop. Motion denied. to I II III Page No. 2 Fairhope Planning and Zoning Commission Minutes for meeting Nov. 7, 1977 Mr. Cecil Pitman moved, seconded by Harford Field to recommend rezoning from R-2 to R-3 the 1.29 acres on the western most portion of Mr. Kilgore's property subject to the following.,: 1. Legal satisfaction concluded that Mr. Kilgore will put nothing larger than four duplexes defined on the area_ outlined for development, with a covenant running with the land. 2. That the fence surrounding the property will be extended as far 'as the Bishop property line. 3. That a green belt be planted immediately at the time of development to insure a buffer. Upon being put to vote the following vote was recorded: AYES: Jack Kirk, Leona Newman, Cecil Pitman, Harford Field, Henry Bishop and Dr. Pierce Fredrick. NAYES: Mayor James P. Nix and Chairman John S, Parker. r Motion carried. The next item brought before the Commission was the rezoning application of Mr. Elliott Powe for rezoning from R-2 Medium Density Single -Family Residential District to R-4 High Density Residential District for the property identified as an acreage parcel located on the north side of Middle Street approximately 220 feet west of intersection of Ingleside Avenue and Middle Street. The subject property has a width of 380 feet fronting Middle Street and a depth of 250 feet. Mr. Byrd L. Moore was present to represent Mr. Powe's applica. tion. This being date set for a public hearing the following adja- cent property owners voiced their opinion on the rezoning: Shelly Jenkins-398 So. Ingleside- opposed. Lewis Agee- 708 Middle Street -opposed. Frank Clemon-706 Middle Street opposed. Laura Fair-700 Middle Street -opposed. Herbert Mitchell -opposed. Nathanial Shufford-673 Middle Street -opposed. Clara Shufford-673 Middle Street -opposed. Beatrice Lawrence-674 Middle Street -opposed. Byrd L. Moore submitted a letter, which shall become a part of these minutes, with signatures of persons in support of the rezoning. The letter contained signatures of Lee D, McGrue, Joseph Pettis, Eugene Bosby, L.C. Merrell, Chester Hunt, Mrs. Phillip Mitchell. Mr. Lewis Agee said that he was strongly opposed to the lettei being accepted since the people who signed the letter had the same opportunity to be at the meeting that those present had, and further stated that half of those who signed the letter did not live in the area which would be affected by the rezoning. Mayor James P. Nix moved, seconded by Leona Newman to allow the letter containing signatures of those in favor of the rezoning to become a part of these minutes and to recommend denial of the rezoning request to the City Council. Motion carried unanimously. The third item brought before the Commission was the subdivision application of Mr. Chester Billie for Preliminary Plat Approval of the First Addition to Colonial Acres; a subdivision of 4.37 acres more or less into four (4) Lots; situated in Section 8; Tovmship 6 III IV. kv VI. Page No. 3 Fairhope Planning and Zoning Commission Minutes for November 7th, 1977 meeting South; Range 2 East; located South of Washington Drive on the west side of the extension of Colonial Drive South. Mr. Claude Arnold was present to represent Mr. Billies Application. Commission members discussed the drainage with Mr. Arnold, and were told that complete designs would be submitted on the drainage before Final Plat Approval is sought. Mr. Cecil Pitman moved, seconded by Mayor James P. Nix, to grant Preliminary Plat Approval to the subdivision applica- tion of Mr. Chester Billie of the First Addition to Colonial Acres. Motion carried. The fourth item brought before the Commission was the subdivision application of W.D.M.,Inc. for Preliminary Plat approval of the Pines Subdivision; a subdivision of 20.53 acres more or less into 46 lots; situated in Section 37, Township 6 south, Range 2 East; located adjacent to and generally east of Greenwood Park Subdivision. Mr. Ack Moore was present to represent the subdivision application of W.D.M., Inc. Mr. Moore submitted a Plat showing the two (2) lots sub- division in Oakwood included in the legal description which met with the approval of So. Ala. Regional Planning Consultant Mr. Don Pruitt. Commission members discussed the street grades which would'. be in excess of the maximum. Mr. Don Pruitt refered to Sections 7.08.10.1 of the Subdivision Regulations which indicates unless necessitated by exceptional topography and subject to the approval of the Commission, the grades shall not exceed seven (7) percent nor less than one-half (.5) percent on any street; 708.10.2 Grades approaching intersection; shall not exceed (5) percent for a distance of not less than one hundred (100) feet from the centerline of said intersection to the point of intersection of the vertical curve leading to the subsequent grade. Mayor James P. Nix moved, seconded by Leona Newman to grant Preliminary Plat Approval to W.D.M., Inc., for the Pines Subdivision subject to a seven (7) percent grade being met. Motion carried. Carlton Niemeyer who was present at the meeting suggested to Commission members the need for spliting the R-3 zone into different catagories due to the increased demand for more and more duplexes and requests for single family residences at R-3. Mr. Niemeyer said -that with the increasing cost of property in Fairhope more and more people would be requesting duplexes or single family residences w7i.th a smaller lot. Chairman Parker requested that Commission members Harford Filed and Dr. Pierce Fredrick generate a proposed amendment to the Zoning Ordinance for providing for duplexes and single family residences with smaller lot sizes, and report their recommendations back to the Commission. The next item to come before the Commission was the annual election of Officers. Cecil Pitman moved to nominate last years officers as follows: Chairman John S. Parker Vice -Chairman- Leona Newman Secretary- Dr. Pierce Fredrick. Harford Field seconded the nomination. Motion carried unanimou ly. Mr. Harford Field moved that the nominations be closed and a unanimous ballot be cast. Mr. Jack Kirk seconded the motion VI. VII VIII Page No. 4 Fairhope Planning and Zoning Commission Minutes for Nov. 7, 1977 meeting Upon being put to vote the following vote was recorded: AYES: Henry Bishop, Cecil Pitman, Jack Kirk, Harford Field, Mayor James P. Nix. NAPES: NONE. ABSTAIN: Chairman Parker, Leona Newman and Dr. Fredrick. Mr. John Parker was elected Chairman , Mrs. Leona Newman was elected Vice -Chairman and Dr. Pierce Fredrick was elected Secret Mr. Harford Field moved, seconded by Dr. Pierce Fredrick to to recomend the following amendment to Article 7 of the Fairhope Zoning Ordinance: Section 7.21: At the end of Section 7.21 add: "The Building Inspector shall secure prior approval of the Planning Commission before issuing a building permiton any structure other than a single- family detached residence or acessory building. Section 7.22: Change the last paragraph of Section 7.22 t read as follows: "If the proposed excavati construction, moving or alteration, as set forth in the application, are in conformity with the provisions of this Ordinance and have received approval of the Planning Com- mission, when required, the Building Inspec of the municipality shall issue a building permit if an application ---(continue as presently written)". Section 3.16: To read: Occupancy by two (2) or more families. Motion carried unanimously. The following amendments to the Zoning Ordinance Section 6.94 Special Requirements: were introduced: 6.94 Special Requirements: All off-street parking shall be laid out, constructed and maintained in accordance wit the following requirements: 6.941 All areas devoted to off-street parking shall meet the requirements of an internal site development with perimete landscaping. Except for parcels of land devoted to one (1) or two (2) family uses all areas providing for off-street parking of the internal site development type shall be so designed and be of such size that no vehicle is require to back into a public street to obtain egress. 6.942 Where a parking lot is adjacent to property in a residential district there shall be an established setback line of fi-ve (5) feet from the common property line or lines. The are between the setback line and the property line shall be so graded as to receive rain fall run-off from the paved area but not permit such run-off to pass over onto the adjoining property. Solid curbing shall be provided just inside the property line where necessary to prevent such passing over of run-off. This 5' wide area between the the pavemnet of the parking area and the adjoining prop- erty line shall be planted and maintained with a hedge of an evergreen shrub so as to form a continuous, unbroken, Golid visual screen. VIII Page No. 5 Fairhope Planning and Zoning Commission Minutes for meeting November 7, 1977 The shrub species shall be a minimum of 2' in height within 5 ( five ) years of growth in t ee Fairhope area. 6.943 Where parking is to be provided in the front yard of a multiple family dwelling or any commercial, nrofesslonal, or industrial structure, a setback of 10 (ten) feet inside any front and/or side yard abutting a public right-of-way shall be established. The area between this setback line and the abutting right-of-way shall be so graded as to receive rainfall run-off from the paved area and shall be prepared and planted with grass, shrubs and trees. I^'here angle parking is provided along these landscaped perimeter strips the 10' setback line may halve the triangular areas formed at the head of each 10' wide parking space providing that these triangular "waste areas" are planted and not paved 6.944 The�'e shall be not less than one(1) tree for each .fif v (50) linear feet of the landscaped strip nor less than one(1) shrub for each ten (10) linear feet of the landscaped strip. Tree species shall be a minimum of 7' in overall height immediately after planting and of a speciman having a growth at maturity in the Fairhope area of at least 20'. Grass area must be planted in species normally grown in permanent lawns in the Fairhope area and in no instance shall be paved with shell, stone or gravel. Other appropriate green cover that will contribute to the ecology may be substituted for grass in a variety that*is conducive to permanence under maintainen e equal to that of grass. 6.945 Paved surfaces for off street parking shall a 10' x 2 space for each parked vehicle plus adequate area for all necessary ingress and egress and manuvering. To further provide for theatmospheric needs of our ecology and for the admission of rainfall to our ground water supply, landscaped "islands" in parking lots for more than 50 cars shall be provided within the perimeter of such parking lots having a minimum totaf-of 10 (ter_) square feet of area for each parkin space excludin perimeter areas in which landscaping is requi They s a e ocated so as to break up the expanse of paveme and to guide traffic .flow. They shall be so graded as to receive a reasonable portion of the rainfall from the surroun ing pavement and not be set apart with solid curbings. Individual bumper -curbs in each adjacent parking space may be used to protect the landscaped areas. Trees in these interio landscaped "islands" are recommended as desireable but are not required. However, shrubs and grass as described above for perimeter landscaping must be provided in these land- scaped areas. 6.946 No solid curbings shall be installed around these landscaped " islands ", except where errosion requires more positive control. Such landscaped "islands" within parking areas shall where practical, be parallel with land contours to minimize errosion. Curbings will be permitted at edges of perimeter landscaped areas only where justified to prevent certain errosion. Individual bumper curbs of the of the precast portable type may be used where solid curbings are not permitted to protect the landscaping, but shall be place in parking stalls where these are .front -bumper to Tront-bumpe so as to prevent opposing traffic flow coming out of parking stalls. ed. t I IX X XI. Page No. 6 Fairhope Planning and Zoning Commission Minutes for meeting November 7, 1977 6.947 At the corners each side of all points of access from a public right-of-way or at corners of two or more intersecting streets, landscaping shall be maintained so as to provide unobstructec visibility between tie heights of t�#o and one-half (22) feet and six (6) feet for a distance of 25 feet each direction from corners. 6.948 In the case of Churches, other Places of WorshiT Schools, Kindergartens, and Day Care Centers all the above conditions under this Section 6.94 shall be required except that, where alternate playground usage in lots of more than 50 cars is needed by the Owner, certain but not necess- arily all , " Island" landscaped areas may be omitted when approved by the Fairhope Planning and Zoning Commission as having provision for otherwise adequate landscaped areas. 6.949 No signs of any kind shall be erected except information signs used to guide traffic and to state the condition and terms of the use of the lot. Only non -intermittent white lighting of signs shall be permitted. Mayor Nix reported that the Seven -Eleven Store has been notifies by the City Attorney that they would be required to get in compliance with the City's Ordinance regarding Parking Lots, an( also that he had been in contact with the State and they sent a letter stating that they owned the right-of-way where the First Southern Federal Savings and Loan was being constructed and that they do have the necessary right-of-way. Mr. John S. Parker presented -a draft of a joint letter and resolution which he wanted to submit to the Citv Council for action at their November 14, 1977 meeting regarding the policy and administration of State and Federal Highways serving the City of Fairhope. Mr. Harford Field moved, seconded by Leona Newman for the draft of the letter to.the State Highway Department to be tendered to the City Council along with the Resolution. Motion carried. Chairman Parker welcomed Mr. Clint Fortenberry, member of the Fairhope Board of Adjustments and Appeals as a visitor to the meeting. Mrs. Leona Newman moved, seconded by Mayor James P. Nix to have a member of the Planning Board attend the meetings of the Board of Adjustments and Appeals, with the members to each serve a three (3) month term on an alphabetical basis. Motion carried. There being no further business on a motion duly made, seconded and carried, the meeting adjourned. Respectfully submitted, 4nLAdams, Secretary Planning and Zoning Commission