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HomeMy WebLinkAbout04-07-1980 Regular MeetingI II III ak IV V The Planning & Zoning Commission of the City of Fairhope met for their monthly meeting on April 7, 1980 at 5:00 p.m. at the City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama. i Those members present: E. Jack Kirk, Roy White, Pierce Frederick Jack Stipes, James P. Nix, John Parker, Leona. Nee= The minutes of the March 3, 1980 meeting were approved on motion by Mr. Nix, seconded by E.J. Kirk, and unanimously carried. The Carrmission voted on motion by Mr. Stipes, seconded by Pierce Frederick and unanimously carried to hear the continued application of the Baldwin Square Shopping Certer for a building permit to erect the main sign for the shopping center. Trannum Fitzpatrick of Realty Partners the developers showed the Commission a drawing of the sign they wished to construct. Upon questioning it was revealed that this sign represents a 2nd sign not a: ed in orig. permit. He ira.s reminded that it only allowed a thirty foot structure to be built, and that this had been discussed at length in past meetings. He remarked that he had a contract with his tenants to build the largest sign allowable. The only other course open to him would be to seek a variance from the Board of Adjustments & Appeals. He was asked to come back with a design that met the requirements of the Ordinance. The Commission considered the rezone application of Russell Kilgore for a change in zone from R-2 Medium Density single family residential to B-4 Business and Professional for the property located at the corner of Section Street between Volanta and Miller Avenues, Mr. Kilgore showed the Commission his plans for an office s ture. Mrs, Newman called for a show of hands of property ownersAprese fo ' were interested in this case. There were seven present. She called for a vote for and against and the vote was: FOR - six A(AINST - one. A letter was read and included in the minutes from a property owner living in Warner Springs, Ga. Mr. Pruitt's comments were noted.- 't Mr. Jack Pope cairn forward on behalf of his application for preliminary plat appoval on Town and Country Estates Subdivision this to be developed off of Nelson Road at Battles Wharf some 3 acres into 13 lots. Mr. Pruitt had remarked that he wished some restrictions set out in the deed as to where the front of the lot would be. A discussion was also held on the road and who's responsibility it would be for upkeep. Mr. Pope remarked he thought that the County would finish the road. Others felt that they had done all they were going to do. Ack Moore remarked that if this was tnie, Mr. Pope would have to grass the ditches. Mr, Pope was asked to submit a plan with finished elevation of lots and a drainage plan. Mr. Parker moved to grant preliminary approval,subject to the presentation of the drainage plan at the next meeting and also filing deed restrictions that a wall or fence of solid evergreen hedge not less than six feet in height be provided along the rear of lots 1-7(Nelson Road), Mr, Nix seconded and motion carried unanimously. The application of J.& D Partners for preliminary plat approval of Twin Echo Estates subdivision was considered and after reading the planning consultant's recommendations, Mr. Parker moved to carry over -this application until the next meeting for action based on the agreement of the applicant. Roy White seconded, and motion' carried unanimously. Gary Mitchell came before the Commission for a building permit on the property located at the nortliwest corner of Grand Avenue and Section Street. Mr. Pruitt had remarked that everything was in order. Mr. Mitchell told the Co miss ion that he and Mr. Tom Odom were having a difference of an opinion about the rebuilding of the fence on the west boundary. The fence before was 10 ft. from the property line. Discussion brought out that this had been done by Earle, McMillan and Niemeyer but the new owners could not be asked to give 10 ft. of their property away. Mr. Mitchell said he was willing to go 5 ft. and rebuild the fence without interfering with the trees along this line. Yx. Odom said this was agreeable to him. Jotm Parker moved to grant a building permit subject to strict compliance with building code specifications and the screen fence be constructed on the West property line with a 5 ft. set- back to be maintained by the applicant. Pierce'Fr_ederick seconded and motion carried unanimously. "M VII VIII Planning & Zoning Cod'umssion meeting - 4/7/80 Page two Carson Rockett came before the Commission on his project at Cold Springs Harbor. lie is proposing to build some 75-80 condominiums(0-lot line housing) and is seeking preliminary approval of his plans. The plans were looked at and he explained that each section `,could be independent of the others. Mrs. Reynolds came forth and asked how Mr. Rockett planned to handle the water runoff of the cliff at the edge of her property. Mr. FDckett remarked he hoped to have this fixed within two weeks. He plans to fill this spot back to grade and have a drain put in. Mr. Parker asked rIr. Rockett why he ha.d gone before the Board of Adjustment to seek a variance before coming before the Planning and Zoning Commission to seek a building permit. Mr. Rock remarked to save money in. drawing his plans.. Ile said he would get a better layout of his units with the desig he showed. lie will have to build within the National Flood Elevation requirement. After much discussion pro and con, Roy White made the motion for approval of the preliminary plan as presented and remand.the setback variance back to the Board of Adjustment . Mr. Nix seconded the motion and the vote was FOR: FRFDFRIM, WHITE, NIX, KIRK AGAINST: PARKER, STIPES. Motion carried. Mr. Stipes asked the Commission to take some action on Mr. Kilgore's re -zone request. He made the Tution to recommend to the City Council approval of his request. Jack Kirk seconded, and the vote was FOR: KIRK, STIPES, NIX, 141ITE AGAINST: PARKER AND FREDERICK, motion carried. Mr . Nix moved to authorize a reprinting of the Toni ng Ordinance and tih t we needed at least 100 copies. Mr. Stipes seconded Mr. Nix's motion, and it carried unanimously. There being no further business, meeting was duly adjourned. bsnt Charles B. Ingersoll Route 1, Box 275 Fairhope, Alabama Mayor Jim Nix Councilmen City of Fairhope Fairhope, Alabama Dear Sirs; I would like to request that the properties described in the attached plat, be annexed to the city of Fairhope, provided that sewage be extended to take care of existing buildings, and thaYzoning be M-1. This is the present use of the property and consistent with the zoning of the adjacent property. The owners of this property are Twin Oaks, Inc. (of which I am the majority stockholder) and Charles and Mary Ann Ingersoll. Resp,ectfully yours, Charles Ingersol ORDINANCE NO. 633 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED PROPERTY WHICH SAID PROPERTY IS CONTIGUOUS TO THE CITY LIMITS OF THE CITY �OF FAIRHOPE, ALABAMA, SUCH ANNEXATION BY PETITIO14 OF ALL, THE PROPERTY OWNERS THEREOF. WHEREAS, TWIN OAKS, INC., a corporation and CiiARLES B. INGERSOLL and wife, D•ARY ANN INGERSOLL, being all of the owners of the hereinafter described property did by Petition, petition the City of FaIrhope, Alabama, a municipal corporation, for annexation under Act 2228, adopted in the 1971 Regular Session of the Legislature of the State of Alabama, and WHEREAS, a map of said property is attached to said Petition. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairhope, Alabama, that the following property is hereby annexed to the City of Fairhope, which said property is contiguous to the corporate limits of the City of Fai.rh.ope, Alabama and more particularly described as follows, to -wit: The ';lest 200 feet of the North 209 feet of Section 21, Township 6 South, Range 2 East Baldwin County, Alabama, LESS AND EXCEPTING therefrom, the West 40 feet and the North 15 feet thereof. BE IT FURTHER ORDAINED by the City of Fairhope, Alabama that t-he City does hereby assent to the said annexation to the City of Fairhope, arid, said Property is to be zoned M-1 Light Industrial. BE IT FURTHER ORDAINED by the City of Fairhope, that a Certified copy of this Ordinance, along with the Petition and map attached thereto be recorded in the Office of the Judge of Probate of Baldwin County, Alabama. THIS ORDINANCE shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS THE �� DAY OF �;� , 1979. CIT OF FAIRHOPE, a nicipal corporation MAYOR / ATTEST: '�• COY CLERK I PETITION FOR ANNEXATION STATE OF ALABA,MA BAL'DWIN COUNTY TWIN OAFS, INC., a corporation and CHARLES B. INGER.SOLL and wife, MARY,, ANN INGERSOLL, being all the owners of the hereinafter described lands in fee simple, such property being without the corporate limits of the City of Fairhope, Alabama, but being contiguous to the corporate limits of the City of Fairhope, and such property not lying within the corporate limits or. the Police Jurisdiction of any other municipality, do by these presents hereby petition the City of Fairhope, a municipal corporation, that said property be annexed into the City of Fairhope, Alabama. A. map of said property is attached hereto. This Petition is filed under authority of Act No. 2228 1971 Acts of the State Legislature of the State of Alabama, and the proeprty being more particularly described as follows, to. -wit: The West 200 feet of the North 209 Feet of Section 21, Township 6 South, Range 2 East, Baldwin County, Alabama, less and EXCEPTING therefrom, the West 40 feet and the North 15 feet thereof. IN WITNESS WHEREOF, the Petitioners have caused these presents to be executed on this the '14 day of _4"� _1979. b, (SEAL)TWIN OAKS, INC. CHARLES B. ING SOLL By: cia - (SEAL) As its Presiders 'MARY AM INGERSO ATTEST : by its THE STATE OF ALABAMA BALDWIN COUNTY I, a Notary Public in and for said county in said state hereby certify that CHARLES B. INGERSOLL and wife, MARY ANN INGERSOLL whose names are signed to the foregoing Petition for Annexation , and who are known to me, acknowledged before me on this day that, being informed of the contents of the instrument, they executed the same voluntarily on the day the same bears date. Give•z under my hand and seal this the ��tday of 4,Zk , 1979. NOARY PUBLIC My Commission expires: THE STATE OF ALABAMA BALDWIN ]NTY I, O , a Notary Public in and for said county in said state hereby certify that CHARLES B. INGERSOLL and ��(•&AoXwhose names as President and �of TWIN OAKS, INC., a corporation are signed to the foregoing Petition for Annexation , and who arc! known to me, acknowledged before me on this day that, being .informed of the contents of the instrument, they as such officers with full authority for said corporation, executed the same voluntarily on the day the same bears date, for and as the act of said Corporation. Given under my hand and seal this the day of _ 1979. N0rkARY PUBLIC My Commissioon expires: