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HomeMy WebLinkAbout04-03-1978 Regular MeetingI. FAIRHOPE PLANNING AND ZONING CCM4ISSION Minutes for 4-03-78 meeting The Fairhope Planning and Zoning Commission met in regular session on Monday, April 3, 1978, at 5:00 P.M., at the City Administration Building 387 Fairhope Avenue, Fairhope, Alabama with Chairman John S. Parker pre- siding. The following members were present: Sam E. Box, Harford Field, Dr. Pierce Fredrick, Jack Kirk, Leona Newman., Mayor James P. Nix, and Mr. Cecil Pitman. The following members ura.s absent: Dr. William Workman. Mrs. Leona Newman moved, seconded by Mr. Harford Field , to approve the minutes of the March 3, 1978 meeting. Motion carried. The first item brought before the Commission was the rezoning applica- tion of Mannich Realty, Agent for Ms. Alma Britton, for a change in zone from R-1 Low Density Single Family Residential District to B-2 General Business District for the property identified as Lots 1 through 3, Britton Subdivision; situated in the NW,:14of Section 16, Township 6 South, Range 2 East; located at the southeast corner of Greeno Road and Gayfer Street. Ms. Lorena Gregorius of Mannich Realty was present to represent the Britton application. Mr. Dale Crittenden was also present and told members of the Commission that he wished to buy this property providing that it is rezoned to B-2. Mr. Crittenden told Commission members that he felt it was inevitable for Greeno Road to go all business zone since the heavy traffic made Greeno Road undesireable for residential housing. Lorena Gregoricus told Commission members that she felt the City could get architectural control by rezoning all of Greeno Road. This being the date set for the public hearing on the Britton rezoning application one area resident stated that he felt more business would bring more traffic and said he felt that Greeno Road did not need any more traffic until the road was made snider. Mr. Ben Barnhill, property owner within 300 feet of the Britton prop- erty said that he was not opposed to rezoning if the change was for the over all area but said that he was opposed to spot -zoning. Chairman Parker asked for an indication from the people in the immediate proximity of the parcel of land and also an indication from the community at large, by calling for a show of hands of those present at the meeting. The property owners who were present who owned property within 300 feet of Mrs. Britton's property was recorded as follows: In favor of rezoning from R-1 to B-2------------------- 2 Opposed to rezoning from R-1 to B-2------------------- 5 Those attending the meeting but who did not own property within 300 feet of Mrs. Britton's property was recorded as follows: In favor of rezoning from R-1 to B-2------------------- 9 Opposed to rezoning from R-1 to B-2------------------- 2 South Alabama Regional Planning Consultant Don Pruitt said that he felt the rezoinig was of a speculative nature since no immediate use was stated on the application and also that the rezoning was inconsistent with the Comprehensive Plan adopted by the Planning Commission and the City Council. I. II FAMOPE PLANNING AND ZONING COMMISSION Minutes for April 3, 1978 Page No. 2 Mrs. Leona Newman moved, seconded by Mr, Harford Field to deny the rezoning application of Mrs. Alma Britton from R-1 to B-2 since the application does not comply with the Comprehensive Plan adopted by the Planning Commission and the City Council. Motion carried. Commission members discussed the rezoning of Greeno Road with various developers and citizens present at the meeting. Chairman Parker said that for the forseeable future Fairhope has no plans for the widening of Greeno Road, and stated that it was unwise for a major thoroughfare to be strip zoned all commercial due to safety factors, and said that he felt it was better better to circulate than strip develop all commercial, Mr, Parker said that the Planning Commission respects the rights of people to apply for rezoning but urged developers to try and develop according to the City's Comprehensive Plan, which is reviewed and amended every five years. Ms. Loren Gregorious acting as agent for the Britton rezoning application submitted a letter which she has requested to become a part of these minutes, which withdrew the application of Ms. Alma Britton for rezoning, ( See attached copy of letter ) The next item to come before the Commission was the rezoning application of Andrew W. and Juanita Hughes for a change in zone from R-2 Medium Density Single Family Residential District to B-4 Business and Professional District for the property identified as Lots 5 and 6, Block 15, Division 4 of the lands of the Fairhope Single Tax Corporation; situated in Section 17, Town- ship 6 South, Range 2 East, located on Pine Street approximately 132 feet east of the northeast corner of Bancroft and Pine Streets. Also the applica- tion of Mr. Gene A. Fuqua for a change in zone from R-2 Medium Density Single Family Residential District to B-4 Business and Professional District for the property described as Lots 3 and 4 of Block 15, Division 4 of the Lands of the Fairhope Single Tax Corporation; situated in Section 17, Townsh 6 South, Range 2 East, located at the northeast corner of Bancroft and Pine Streets. The property of Gene Fuqua is adjacent to the Hughes' property which is under consideration for an identical change in zone. Mr. Gene A. Fuqua was present to represent the two applications for rezoning. Mr. Fuqua told Commission members that he ahs talked with all of the property owners in the area and they are all in agreement that they would like to rezone to conform with the businesses in the area. In accordance with the newly established procedure by the Commission whereby a rezoning application is first submitted to the Commission for review with the Planning Consultants recommendations and held over for public hearing and the Commission's recommendation to the City Council at the next regular meeting, this procedure was followed on the rezoning requests of Mr. Andrew Hughes and Mr. Gene Fuqua. Mrs. Leon Newman moved, seconded by Mr. Jack Kirk for the applications of Andrew Hughes and Gene Fuqua for rezoning to be held over until the May 1, 1978 Meting for advertising for a public hearing to be held on that date. Motion carried. IV V. Fairhope Planning and Zoning Commission Minutes for meeting April 3, 1978 Page No. 3 The next item to come before the Commission was the application of Robert Mitchell for Preliminary Plat approval of Glen Hardie Farms; a subdivision of 9.4 acres more or less into 19 lots; situated in Section 8 Township 6 south, Range 2 East, located on Volanta Avenue in the vicinity of the City of Fairhope's electric substation. Mr. Ack Moore of Moore Engineering was present to represent the applica- tion. The drainage plans were discussed by members of the Commission along with the means of vacating a street right-of-way. Mr. Cecil Pitman moved, seconded by Mrs. Leona Newman to grant prelim- inary approval of Glen Hardie Farms subdivision subject to the following: 1. The vacation of Mobile Street and Dewey Avenue being completed. 2. Including the Kermit Smith, Thomas E. Dyer, Jr. land and the land owned by the City of Fairhope as a part of this subdivision. 3. Dedicating the 10' x 115' x 15' x 114' " L " shaped parcel of land to the City of Fairhope in exchange for the 25' x 30' strip of land owned by the City that will be needed as street right-of-way. Motion carried. The next item brought before the Commission was the subdivision applica- tion of William R. Guindon, leaseholder, for Preliminary and Final Plat Approval of Blueberry Orchard, Unit One, A subdivision of the SEA of the SW, and the East 2 of the NEk of the SW-,., of Section 14, Township 6 South, Range 2 East, located on the south side of Fairhope Avenue ( County Road No. 48 ), approximately 2,000 feet east of Belforest Road ( County Road 28 ). Ms. Barbara Manders of Manders and Zyriek Real Estate was present to represent the application of Mr. Guindon. Mr. Cecil Pitman moved, seconded by Dr. Pierce Fredrick, to grant Preliminary and Final Plat Approval subject to the owner submitting appropriat documentation from the County Health Department indicating that the install- ation of septic tanks are an accepted method of sewage disposal and the proposed water supply meeting the requirements of the Health Department, prior to the Secretary signing the Final Plat. Motion carried. The next item brought before the Commission was the application of Mr. Glen Tillman for a building permit, Mr, Tillman was present to represent his application. Commission members discussed a site development plan along with landscaping requirements with Mr. Tillman. This building permit is for property located on the north side of Fairhope Avenue next to the Farm Bureau Insurance Agency located at 811 Fairhope Avenue. Mr. Harford Field recommended that the Building Inspector be given a sketch of the proposed future development in order for him to make a decision in the future regarding further construction in the area. Mr. Harford Field moved, seconded by Mr. Jack Kirk to grant a building permit subject to submission by Mr. Tillman of a revised site development plan with landscaping provisions required pursuant to Article VI, Section 6.94 of the Fairhope Zoning Ordinance, as amended. Motion carried. J q 0 VA a VII, VIII. Fairhope Planning and Zoning Commission Minutes for meeting April 3, 1978 Page No. 4 Mr. Carlton Niemeyer present at the meeting asked the Commission about the possibility of applicants receiving a copy of the Consultant's recommendations prior to the meeting. Mr. Niemeyer said that this way the applicant could possibly handle all of the Consultants rec- comendations before the meeting thereby saving time. Commission members told Mr. Niemeyer that the applicant can come to City Hall where the recommendations of the Planning Consultant are on file prior to the meeting and review the case. The next item brought before the Commission was a preliminary plan for review and discussion by Eastern Shore Builders, Inc. Mr. Byrd Moore represented the preliminary application and distributed copies of Eastern Shore Builders Proposal which included a legal descrip- tion of the 92 acres involved; a map showing property size and adjoining property owners, a coastal geological survey, a proposed subdivision with R-1 size lots showing access from Washington Drive and a proposed subdivision of property for R-2. Mr. Moore said that they hoped to develop the property as an extension of Colonial Acres and therefore would like access from Washington Drive. Mr. Moore said that he had been in touch with adjoin- ing property owners Mr. Arnes and Mrs. Malcom to discuss the proposed development. Commission members discussed the road situation and having an outlet to Bon Secour. Mr. Moore stated that they did not wish to have access from Bon Secour since their desire was to have the subdivision be an extension of Colonial Acres and they would be unable to accomplish this if access was from Bon Secour. Commission member Sam Box said that he felt the proposal as present would only serve to multiply the City's problems in the future. Commission members recommended that the proposed plans be revised to show other means of access to the proposed subdivision. The next item to come before the Commission was the application of Moore Engineering agent for Mr. Chester Billie for Preliminary Plat Approval of a resubdivision of the First Addit-on to Colonial Acres held over from the March 6, 1978 meeting until property owners could be notified. This application was for a resurvey and subdivision of seven (7) lots into seven (7) lots situated in Section 8, Township 6 south, range 2 east, located south on Washington Drive. Mr. Ack Moore was present to represent the application. Mr. George S. and Dorothy Weems were present at the meeting and asked about the cost of the paving of the roads. Mrs. Leona Newman moved, seconded by Sam E. Box, to grant Final Plat Approval with the understanding in writing from the developer that the developer will be responsible for the entire cost of paving. Motion carried. The next item to come before the Commission was a discussion with Mr. William Labon Richmond, agent for Mr. Mulcahey regarding a building permit for a restaurant on the west side of Section Street between Gayfer and Grand. It was brought to the Commissions attention that the City Council moved and passed on a motion instructing the Building Inspector not to grant a building permit to any structure that would compound the traffic situation between Gayfer and Grand Avenues. Commission members discussed the visibility factor of traffic from the south in this location. Mr. Harford Field said that he felt that the visibility factor regarding the location of this building was good. VIII Fairhope Planning and Zoning Commission Minutes for April 3, 1978 meeting Page No. 5 Mr. Harford Field moved, seconded by Mr. Sam Box, for the Planning Commission to advise the City Council that they would like an opportunity to examine the situation and ask the City Council to consider reevaluating their decision after receiving a recommendation from the Planning Board. Motion carried. There being no further business on a motion duly made, seconded and carried, the meeting adjourned. APPROVED BY THE COMMISSION ON Respe tfully su ' t d, L Adams, Secretary Fairhope Planning and Zoning Commission 1978