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.
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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.
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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
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carried unanimously.