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HomeMy WebLinkAbout12-04-1978 Regular MeetingI II III IV R1 The Planning and Zoning Commission met for their monthly meeting at the City Administration Building, 387 Fairhope Avenue, Fairhope, Al. on Decem- ber 4, 1978 with Chairman John Parker presiding. Those present: Jack'Kirk, Sam Box, Bill Workman, Cecil Pitman, Harford Field, Leona Newman, and Pierce Frederick The minutes of the November 6th meeting were unanimously approved. This being the time advertised for public hearing on the re -zoning applica- tion from B-4 Business and Professional Offices to B-2 General Business Dis- trict for the property located on the West side of Greeno Road at the south- west corner of Coleman Avenue. Mr. Robert Peterson presented his application to the Commission. He stated that it was his intent to build a low volume type store(such as clothing or gift shop) and maybe have office space in the back. A member of the public present raised the question of the drainage problem that might occur as a result of the proposed building, pointing out that there now is a serious drainage problem in this area. Mr. Parker stated that the "land use" was the issue at hand and needed to be dealt with first, that the drainage question would be considered at its proper time. Mr. E. Fisk asked for a clarification of "low volume" from Mr. Peterson. Several people, after hearing his reply, voiced opinions that if the zone was changed the neighborhood would be left open for undesirable businesses if the present owner decided to sell. It was the general consensus of the commission members', that this property could be used as it is zoned now without encountering problems. Mrs. Newman moved in the form of a MOTION for denial of this re- zone request. Mr. Frederick seconded the motion and it carried unanimously. The application of Art Fleming for Final Plat approval of the lst addition to LeaBrook Subdivision was brought before the Commission by Ack Moore. This subdivision was granted Preliminary Plat approval at the November 6, meeting subject to 1) temporary turn -around being provided for Fleming Road 2) Certification from the County Health Department approving the installa- tion of septic tanks 3) the State Highway Departments approval of Fleming Road 4) Posting of a bond. All other requirements having been satisfied, discussion was held on the temporary cul-de-sac. On MOTION by Mr. Pitman 2nd by Mr. Field, Final Plat approval was unanimously given subject to temporary cul-de-sac being placed on the Plat. Carlton Niemeyer addressed the Commission on his application for Preliminary and Final Plat approval of The Meadow located on th4 northeast corner of Oberg and Mosley Road. Mr. Pruitt's comments were noted in that the County Health Department had approved the septic tanks on the property and their water supply comes from West Baldwin Water System. He also stated that the proposal was in compliance with the City's Subdivision Regulations. Mr. Pitman moved in the form of a MOTION, seconded by Mr. Box; for approval. This was unanimously approved. An application by Alma E. Britton for final plat approval of a resubdivision of Lot 2, Britton subdivision was considered. Lorena Gregorius representing Mrs. Britton spoke on her behalf. Attention was called to the fact that the proposed Lot 2 B will propably not meet health department's minimum requirements for the installation of a septic tank, also that some fill may be needed, and that the setback line on Lot 2A is not the required fifty feet. In view of all the "loose ends" the Commission felt this should be carried over to the January meeting where a more complete pro- posal could be presented. The matter of final plat approval of Covered Bridge Estates was considered at this time. Chairman Parker asked Mr. Pope if his desire for discussion was on this subdivision. Mr. Pope replied in the affirmative, that there was a difference in the map presented to the Commission as the "control map" on Covered Bridge Estates and the approved minutes of the October 2, 1978 meeting in regard to same. The issue.:in question was that the minutes re- flected that the backyard setback requirem t measure mt should not be in the utility or sluffing easements.ihe Commission re -affirmed to It% Pope that the minutes reflected what they desired in this matter.. VI VII Planning and Zoning Commission December 4, 1978 meeting - page two Several other points were discussed and the Commission being satisfied voted to give final plat approval in the form of a 1UTION by Mr. Box, seconded by Mr. Field, subject to the Performance Bond being posted (copy attached to minutes). The Restrictive Covenant was made a part of the minutes(attached) and Dr. Workman expressed his "thanks" to Mr. Pope and Mr. Moore for their efforts in working with the Commission in obtain- ing a satisfactory "Drainage Plan" helping to try to contain fixture prob- lems in this development. The motion passed unanimously. A Building Permit was granted Baldwin County Bank on ITMON by Mr. Pitman, seconded by Mr. Workman and unanimously carried.A discussion of the plans presented led to a request from the Commission to reduce to 30 ft the width of the drive -up lanes, and not having continuous curbing on the North & South side of employee parking area, b o use bumper_.cur un tead. This was agreeable to contractor. 'A V1 ' S �tn���S an Barney Shull appeared before the Commission at the request of the Chairman seeking to obtain a Building Permit for the Stimpson Field project. He presented plans showing an upgrading of the fields, for which four base- ball diamonds, and two soccer fields were planned. He pointed out that this was a federal grant project with the City matching funds. Dr. Workman told Mr. Shull that he had calls asking about what was going on and apprec- iated Mr. Shull taking the time to inform the Commission. Mrs. Newman in the form of a NRXION granted the permit subject to a long range plan being submitted showing what might be accomplished in landscaping and designated parking spaces, and with the stipulation that the diagonal parking be elim- inated on Mershon and Murphy and landscaping be planned for this area, also curb and guttering be shown on plans. Motion carried unanimously. It was brought out that the January meeting would be held on January 8th, 1979 because of the New Year falling on the first Monday. Mr. Field moved for the re -submission of the revised Sign Ordinance to the City Council for their consideration. Mrs. Newman seconded, and NR 014 carried unanimmusly. The matter of the Proposed Amendment to the Fairhope Subdivision Regula- tions was discussed with changes being made(corrected copy attached with corrections underlined). This was presented to Councilman Stipes so he could bring sane before the City Council for consideration. Dr. Workman in the form of a 1K)TION moved this be presented, Mr. Field seconded and it was unanimously carried. There being no futher business to come before the Commission, Mr. Frederick moved for adjournment. Respectfully submitted a, Betty Riv ark, Secretary Approve , 1979 - P" ___ Chairman 807 Prospect St. Fairhope, Ala. 36532 November 14, 1978 Mr. John S. Parker 695 Bellangee Avenue Fairhope, Ala. 36532 Dear Mr. Parker: First, I would like to thank you for some of your remarks as reported in the Courier on November 9. I feel that several times the City Council has been wrong in overturning decisions or recommendations made by the Planning Council. I hope that they will not overturn your decision with reference to rezoning Greeno Road north of Fairhope Ave. I feel that was a wise decision and even though the majority of the property owners were in favor, it was only because they were interested in the financial gain and not for the benefit of the community as a whole. As I and my husband have both said many times, we f eel that Fairhope already has enough land zoned for business, better fill. up some of these vacant buildings than take away from the residential zoning. So many publications keep telling the country what a wonderful place Fairhope is for pleasant living. I just hope we don't over -do the availability, of multi -housing as Florida has learned to their sorrow. I am now writing to you to protest the re -zoning of the lots south of First Soutnern, west side of Greeno Road. I am beginning to believe the Master Plan for Fairnope was a waste of time and energy. When we fought Matt Dial's request for rezoning on Greeno Road Mr husband told the "gathering" that when that portion of Greeno Road was re -zoned, the next item of business would be to open Coleman. He told them about the marry disadvantages to doing that. You should come out this way and take a look before school hours and after school lets out in the afternoon and see just how marry bicycles travel this route to and from school. Also, it is a playground for the children on bikes and quite a few senior citizens peddle their wheels along the route. Coleman is really a narrow two-lane street, not even as wide as our double garage. I doubt there is enough right-of-way from the property owners to widen the.street. With Coleman open people will be cutting through this strictly residential area in order to avoid the traffic lights at Fairhope and Morphy. I understand from some of the "oldtimers" in the area that when they first built in this area, specifically on Coleman, the street would not be cut through to Greeno Rbad. I would like to know what will be done about moving the Pumping Station, who will pay for that? It seems the city needs the funds expended elsewhere. I hope you and the Planning Commission will consider these features I have mentioned before approving this rezoning and opening of Coleman. My husband concurs with this letter. Sincerelylx"`'`_�� W,_ Dorald S. Pittman (Mrs. W. C.) 1 1 , 1 • ,. i �" :ram- NOnICE OF pUgLIC HEgRING Zoning nin w o be "a public in 5: 00 p m at wlonnthe , on Monday, withe erla Planning and 1• airhope Avenue F li A�abaznon Buil► 1978 at fr387 om cats Business bert Peterson f�ma to consider the General B and �'�essIon Dor a istrict in zone described: usiness�District for the property ct to B-2 Lots 6 5 ! herein to Fairhope► � n a ,Ingleside fthlands Addition r Property located on Greeno Road Southern Federal .Building. East South of First All interested rnan Avenue. partles�are requested to attend. 11-2U-23 (I received this notice a. few days ago.) 805 Michigan Ave. Fairhope, Al. 36532 Dec. 4, 1978 Planning & ZohJU Commission City of Fairhope, Al. Gentlemen: With reference to the above. I am a property owner a short distance from the above named location designated in this printed notice; I strongly protest such rezoning as herein stated for the reason that I believe it would destroy the residential area in the vicinity — subjecting it to undue traffic and noiee and complete lack of such privacy as now exists. � a Consideration to these facts should be regarded in viewing any changes. 'espectfully, N. F Ig�► Note: 1'�' • andrell (As I am unable to att personally, this letter has been delivered.) V 805 Coleman Blvd. Fairhope, Ala. 36532 November 16, 1978 John Parker 695 Bellangee Ave. Fairhope, Ala. 36532 Dear Mr. Parker, Congratulations on your re-election as chairman of the Planning Commission. We appreciate all of the time you devote to the betterment of Fairhope. As a home owner onCColeman Blvd., I am concerned about the proposal of opening the street to connect with Greeno Road* It seems to me that the expense of putting in a road for the convenience of the people living on a two block long street would be an unnecessary expenditure. However, if this extension is being proposed with the expectation of serving a business, should Greeno Rd. zoning for that area be changed to B-2, I am more concerned. I have no objection to the rezoning the west side of Greeno to B-2 but I heartily object to directly joining our quiet residential area to a commercial area. We need a buffer zone between commercial and residential areas. To use Coleman all traffic would have to turn off of Morphy or Fairhope, both of which already connect with Greeno. These two streets also have traffic lights to facilitate the flow of traffic. Coleman opening onto Greeno would be an additional problem for traffic trying to enter the busy highway. For all of the above reasons, I believe opening Coleman Blvd., changing it from a quiet residential street to a busy thoroughfare, would be a mistake. Thanking you for your consideration of my letter, I am truly, on M.Bu��dGsg - Johns e, PERFORMANCE BOND STATE OF PLABAMA ) BAL.DWIN CGUNTY ) KNOW ALL MEN BY THESE PRESENTS, that we, ARTHUR F. AND AGNES A. FLEMING, as PRINCIPALS, ari.: held and firmly bound unto the CITY OF FAIRHOPE, ALABAMA (hereinafter called the CITY), in the full sum of $18,000.00 (Eighteen Thousand and No/100 Dollars), for the payment of which, well and truly to be made, t.e and each of us bind ourselves jointly and severally by these presents, dated this the 13r-d day of November, 1978. THE conditions of this obligation are such that — WHEREAS, 'PRINCIPALS have :submitted to the Planning Commission of said CITY a Plat for subdivisior of a tract of land described as follows: Resubdivisi.on of Lot 7, Leabrook Subdivision AND WHEREAS, PRINCIPALS, have, pursuant to the Subdivision Regulations of they CITY CF fAIRHOPE, ALABAMA, elected to file this Bond in lieu of actual completion of improvements and utilities in the above Subdivision. J, NOW, THEREFORE, if the PRINCIPALS shall, within two (2) years from the date of approvrl of the 'linal plat of said Subdivision, faithfully install com— plete improvements and utilities in the Subdivision according to the re— quirements or ordinances and regulations of the CXT.Y, and pay all bills For contractors, sub —contractors, labor and materials incurred in completion thereof; end shall hold harmless and indemnify the governing body and all int.0resteo property owners against liability, loss, or damage by reason of Cailure o•l' PR.I•NCIPALS to faithfully perform the conditions hereof, then this obligation shall be null and uoid; otherwise, to remain in full force anc' effect. Provided, however, that actions upon this Bond by contractors, sub —contractors, laborers or materialmen shall be limited to six months Frcm and after completion of the improvements and utilities above referred to. Signed, sealed and delivered the day and year first above written. Attes (olitnes fitness Principal r J Principal _ 1 APPROVED as to form and legality, this the _� day of Parr-, 1978. CITY FAIRHOPE — FAIRHOPE, PLAEAMA ATTEST ��—