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HomeMy WebLinkAbout10-02-1978 Regular MeetingI II III IV The regular meeting of the Planning and Zoning Commission was held on Monday October 2, 1978 at the City Administration Building at 5:00 p.m. with Chair- man John Parker presiding. Those present: Sam Box, James Nix, E. Jack Kirk, Pierce Frederick Harford Field, Bill Workman, Mrs. Leona Newman, Cecil Pitman The minutes of the August 7, 1978 meeting were approved unanimously, on a MOTION by Mr. Workman seconded by Mr. Field, with the attachment that Chair- man Parker submitted relating his appearance before the City Council meeting July 24, 1978 and the Council's direction to him at that meeting. The September 11, 1978 minutes were unanimously approved, with two corrections being noted, on motion by Mr. Box seconded by Mr. Workman. A request in the form of an application for a re -zone from R-1 Single Family Residential Development to B-4 Business and Professional District for a strip of land 300 feet wide on the East and West side of Greeno_Road_extending in a northerly direction from Fairhope Avenue to North of Volanta Avenue was considered. Ben Barnhill addressed the Commission as spokesman for the group of property owners who presented the application. He stated that in an effort to prevent a number of requests for spot zoning and since the property owners were in agreement that this property would best be of value zoned commercially, and that portions had been on the market for residential and could not be sold, that they had joined together as a group to request this zone change. Several property owners addressed the Commission stating their feelings on this matter. In the discussion there was a mention of extending the proper- ty line on individual lots. The Commission stated it was not at liberty to change the request, it would have to be considered as it was presented or withdrawn and re -submitted at the November meeting. It was the consensus of those present that they did not want a delay, to go ahead with the request as presented at this preliminary hearing. Further discussion brought out that there were owners, of part of the property being requested for a zone change, who had not signed the re -zone request. Also the question of whether some of the property in the request might have be before the Commission in the last 12 months. The Commission by law could not act on anything that fell within the 12 month period and so stated. Mr. Nix in the form of a motion moved to accept the application for public hearing at the November meeting subject to legality of parcels on the request. This motion was seconded by Mr. Pitman and carried unanimously. Mike Ford addressed the Commission as agent for Mr. and Mrs. Edward M. McCurry for preliminary plat approval on the re -subdivision of Lot 11 Unit 1 Linn Ridge Subdivision into a two lot parcel. Mr. Ford stated he had discussed this mat- ter with the owners and there was no objection to what he is proposing. The Commission on motion by Mr. Nix, seconded by Mr. Kirk, approved unanimously preliminary and final plat approval subject to septic tank approval by the county, the approval of the architectural review board, and Mr. Ford present- ing proper copies of the plat as called for in Article V of the City's Subdiv- ision Regulations which Mr. Ford did not provide before this meeting. Mr. Ford, again acting as agent, presented his request for preliminary plat approval of the re -subdivision of Lot 4 High Ridge_Estates into a two lot parcel. Mr. Nix in the form of a motion, ?.nd by Mr. Kirk moved for_prelim. & plat approval subject to county's approval on septic tank and Tyr. Ford pre- senting the proper plats to the City. Motion carried unanimously. Mr. Arthur E. Rigas addressed the Board on the East of the Sun Development, a proposed development by the Mitchell Corp, which is meant to be an apartment complex for the elderly. He sought the Commission's direction and said he wished to present the plat for preliminary and final approval at the November meeting. The Chairman advised him that the Commission would be glad to con- sider the plat when presented. w 1l Minutes - Planning & Zoning Commission 10/2/78 - page two The Chairman brought to the attention of the Commission the matter of Covered Bridge Estates which was pending because of an opinion sought from the City Attorney regarding public liability on drainage problems. Mr. Moore was asked to restate the restrictions and conditions the Commission had asked for in the subdivision. He expressed a desire to have the map presented at this meeting used as the control map henceforth in all dealings related to this subdivision. This was agreeable to the Commission, but the first map submitted would also be a part of the records kept on file.. The Commission agreed that the developer and engineer had worked patiently with the Commission,and commended them for this, and after a lengthy discussion it was the opinion of all that all the requirements had been met. But all felt it necessary to have it spelled out on the deeds, on the plat, and have the restrictions on file so that there would not be anyone misled in the purchase of property in this development. On a motion by Mr. Kirk, seconded by Mr. Frederick preliminary plat approval was given subject to the developer showing on the initial deed the restricted covenants which includes specifically the following: 1) the 10 foot utility easement and 15 foot sluffing easement measured from top of bluff on specific lots, 2) that the utility or sluffing easement cannot be included in backyard setback restrictions,on specific lots, 3) there will not be a disturbance of t natural vegetation on the sluffing easement, and 4) there will not be any structure, fences or walls erected in the utility or sluffing easement area. Mrs. Newman abstained to vote on this motion. There followed discussion on the possibility of using the porous rock dams that Dr. Worlanan had previously mentioned in controlling the flow, of water in the galleys. Dr. Workman explained the materials needed for the construction of th darns, but stressed that it was very important to maintain them properly or it could be disastrous to even construct them in the first place. Along this line of discussion, the City's responsibility to continue their study and come to grips with the drainage trouble that is overall in the City at this time was pointed out to Mayor Nix and Councilman Box. It was the Com- mission's feeling that they have done all they could in requirements of drainage plans from developers, but from this point forward the City's liabil- ity is only being increased. A study session date of October 12, 1978 at 6:30 p.m. at the Fireman's Hall was set to discuss the basic zoning district map of the City. There being no further business to come before the Commission, the meeting was adjourned. APPROVED BY THE C(TIVISSION ON 1978 Chairman