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HomeMy WebLinkAbout07-19-1982 Regular MeetingThe Planning & Zoning Commission of the City of Fairhope met Monday, Judy 19, 1982 at 5:00 p.m. at the City Admin- istration Building, 387 Fairhope Avenue. Present: James P. Nix, Cecil Pitman, Jack Kirk, Cindy McBrearty, Harrell Holder, Roy White This meeting was a continuation of the public hearing scheduled July 8, 1982, due to illnesses a quorum was not present,so meeting was rescheduled for this date. The minutes ofthe June 7, 1982 meeting were duly approved and also the July 8th on motion by Harrell Holder seconded by Cecil Pitman. i The rezone request from B-4 Business and Professional Offices to R-5 High Density Dwelling Residential District of Fritz Crane was considered at this time. Mr. Crane was not present but Buddy Richmond spoke for him. Buddy showed a sketch plan he had and said that they did not wish to use Greeno as their prime egress/ingress because of traffic. Jim Boothe spoke and said that his father and Mr. Crane had come to an agreement. That he knew the project would be developed right. Mrs. Barksdale asked Mr. Richmond what their plans were about the rear of the property that backed to Ingleside. That she would like to have a wooded or buffer zone. Mr. Stejskal said he had problems now with children getting into his things and he too would like to be reassured that a fence would separai the project from the residences on Ingleside. Mr. Richmond said he felt that all these requests could be complied with. That they were very willing to develop to keep harmony with the surrounding neighbors. A further discussion was held about a fence and buffer being required. The fence is set out in the ordinance but the buffer is negotiable when the permit is sought. Mr. White asked if there were any further comments -or questions. Mrs. Barksdale asked how many units they were wishing to develop. Mr. Richmond replied 76, but Mr. Lunsford remarked that they would have to comply with the ordinance regarding front,side,rear yard requirements as well as parking and this may not permit the density they are seeking, Mrs. Barksdale also asked if the project was going to be built in phases. Mr. Boothe replied at this time two phases were planned. Other residents present were Mrs. Elizabeth Bowen, and Elaine Walker. Cindy McBreartymoved to recommend rezoning to the city council if they put up fence and leave buffer of landscaping on West and North boundary. Harrell Holder seconde< and motion carried unanimously. Jack Glover was present and read a statement from his lawyer to the effect that their was a lawsuit in progress regarding his property subdivision and he was advised to not make a stateā€¢ ment to anyone. Roy read the letter that was sent to Mr. Glover and furnished him with a copy. The Commission did not recommend any action to the Council at this time. It was made clear to Mr. Glover that nothing else should be done until a proper application for subdivision was submitted. Meeting was duly adjourned. V remarked that 2 feet of fill could be added. That more than 50% of'the proposed project is proposed green area. That a pipe could be run through the project to Greeno. That if they decided to go with running pipe to Greeno see if the Highway Dept. would participate in putting in the pipe. JPN said these problems could be worked out as far as drainage with Bob Lunsford. That what he needed now was to fill out an application for rezone to change the land in question back to R-5. Mr. Crane said he thought there was a need for these apartments, that this would accomplish a buffer zone, and would take care of the drainage in this area', at this time it was thought that if the Comm- ission wante',d to upgrade that they could act tonight and make a recommendation to council for rezone. Dick Sanderson moved to recommend this rezone request to council, Harrell Holder seconded. Don Pruitt brought to the Commission's attention that the ordinance says a public hearing is required and that commission could not depart from the ordinance in this regard. Mr. Sanderson withdrew his motion, and Mr. Holder his second. Mr. Crane said he would go through regular channels. Jack Glover came before the Commission. Bob had written a letter stating the events leading up to meeting(letter attached) Helremarked that two 12 acres had already been subdivided and title transferred. That now the remainder(7 lot is before the Commission and subject to subdivision require- ments. Jack Glover spoke to members and told them he sought an engineer's advice, that he was told he needed to go thru the County, which he did for septic tank approval and was not told he needed anything else. Apparently he was misinformed. When he discovered he fell in jurisdiction of City he started developing as per City specifications. It was remarked that lots 4 & 5 were sold by metes & bounds. The point was raised about there being no dedicated public right of way. The remark was made that we had to forget about what is already under construction(he is at a point he wishes to pave immediately) and act as a new piece of land is presented and 4 parties involved in subdivision, need to achieve what required in subdivision and get the parties to agree. That we need to get road width and public right of way established. That once water line is hooked up it becomes the City's . John Parker asked what was Steve Sloan's and Jim Fisher's interest. They remarked that they bought lots 4 & 5 with agreement that a shelled road would lead to their property and now they are being charged for the assessments necessary to install a paved road. Jack Glover remarked that he already had a great deal of money involved, that there was no other place for the street and he was willing to take a chance and pave to that point. John Parker asked him if he wished to get square with the City and he remarked yes. He was told that the City is interested in getting what the requirements are on the road, water, storm drainage and sewer, then he would be free to sel'. That a topographical survey required(which he does not have) That he needed to submit a proper application at the next meeting, that Bob Lunsford would advise Mr. Glover what was needed. He thanked the Commission and left Further discussion after he left led to a motion being made by John Parker that we communicate by letter to Mr. Glover a copy to other parties of interst attending meeting, that the City Planning Commission declares any present subdivision or transfer of property to be illegal and no further trans- action take place until a subdivision application has been approved by the Planning Commission, further any further development of improvements on this property, until such subdivision approval has been accomplished with consent of Planning Commission. Dick Sanderson seconded and motion Is) carried unanimously.