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HomeMy WebLinkAbout09-06-1983 Regular MeetingI II III IV V The Planning & Zoning Commission of the City of Fairhope met September 6, 1983 at 5:00 p.m. at the Council Chamber of the Civic Center 161 N. Section Street. Present: Chairman Roy White; members John Parker, Cecil Pitman, Harrell Holder, Cindy McBrearty, Mary Doug Foreman, Robert Mason and Robert Lunsford, Zoning Enforcement Officer The minutes of the August 1, 1983 meeting were approved on motion by John Parker seconded by Harrell Holder and unanimously carried. The Commission accepted a rezone application from M-1 to B-2 for property located next to Poser's on Greeno Road. Property owned by Earl Malone, Tom Brown, Gavin Hunter, John Millson. Purpose of rezone to construct condominiums. Motion made by Harrell Holder, seconded by John Parker. The preliminary approval of Matt Dial's 6 lot subdivision of a piece of property located outside the City limits was discussed. Property located at the end of Gayfer Extension. Mr. Dial remarked that he had been before the F.S.T.C. and had t1eir approval. Mr. White noted Mr. Lunsford's comments in that he recommended approval subject to 1. location of fire hydrants, as required, including necessary 6" water line to serve same. Execution of owner's certificates by FSTC and lessees. 3. Approval of Baldwin County Health Department 4. Approval of County Engineer. 5. Submission of restrictive covenants, if any. 6. Right-of-way widths to be shown on Gayfer Avenue and Lawrence Road. Mr. Dial was asked if there was any problem with these things recommended. He said no. Harrell Holder moved to approve the preliminary subdivision under the recommend ations set out by Bob Lunsford. Cindy McBrearty seconded and I motion carried unanimously. Larry Chason came before the Commission asking what was the procedure he needed to follow in a request he had by Julio Corte to annex 5.12 acre parcel of land on Edwards Avenue and Greeno Road to be used for the construction of 64 luxury apartments. The land adjoins the East City Limits. John Parker asked if this land was in the recent rezone request, Mr. Chason said yes, further asking if it was necessary to hold a public hearing since this was outside the City Limits and the annexatio: request had to go to the City Council. He was advised that the City Council in annexation cases seeks recommendation from the Commission on zoning and a public hearing would be necessary to amend the zoning ordinance to include the R-5 parcel as re- quested. The Commission on motion by Robert Mason, seconded by John Parker voted to advertise for a public hearing on this piece of property to be held at the next regular meeting. Meeting date being changed to October 11, 1983 at 5:00 p.m. The discussion scheduled on a piece. of property on Third Street and Pecan that Adrian Johnson wished to develop_ was held over for 30 days. Jim Reid remarked that he had talked with these people and that they agreed that there was not enough information available to talk intelligently tonight about this. Art Rigas came forth to discuss the Windmere Subdivision He showed the Commission a drawing of the existing plat and had drawn over the plat the City's requirements. He was suggesting that under the subdivision regulations this could be an experimental subdivision with a common driveway. He further said that Percy Nixon, the County Engineer voiced his approval, the Health Department voiced approval and the owner's association said they approved; that there wasn't a need VI VII VIII Planning & Zoning Commission September 6, 1983 - Page two for drainage improvements, and that he had the fire hydrants required. That the necessary utility easement had been granted and the utilities were all in a common area. It was brought out that if this is approved a "hold harmless" agreement should be placed on the plat to indemnify the city; and that an attorney could draw up the proper wording. Bob was asked if he had any observations before this was considered. He remarked that we needed the following: 1) signature of the owners of the property, 2) County engineer's signature 3) Health Department signature 4) Approval from the city attorney everything is in order 5) indemnification agreement on plat 6) that Mr. Mayhall pay the fines, administrative costs incurred, filing and recording fees required. It was also noted that the restrictive covenants should be recorded on the plat with the page and book number where recorded. Jim Reid remarked that he wished to be noted that this subdivision had been built before approval was sought by the Planning Commission and that if in the future this property is annexed into the city, that it be brought up to city standards before accepted. That any action taken would be acceptance of streets as they now exist, that we should not approve maintenance of the streets. Robert Mason moved to grant preliminary and final acceptance of this experimental subdivision subject to all points made being complied with, and that within one year(Bob to keep records) this will be reviewed, and pursue an amendment at that time if this works out. Cindy McBrearty seconded and motion carried unanimously. Jack Glover came forth to discuss the things he needed in Rolling Oaks subdivision. He had presented a plat with all the required signatures. He named 2/3 that did not perk but said he was confident that they would in the right places. The Commission told him that they would all have to perk or we would not consider the signature. Bob's comments were asked for, he recommended preliminary and final approval subject to the health officer's signature saying that all lots would have to perk, that all costs(administrative, fines, recording and filing fees be paid) and that the improvements be done, or bond posted. Mr. Glover stated he had a letter of credit and that it should serve in place of bond. Robert Mason moved to approve as Bob recommended subject to all points being adhered to. John Parker seconded and motion carried unanimously. Claude Arnold came forth to discuss with the Commission the drainage situation of the Fritz Crane property located off Greeno Road backing up to commercial.property on Fairhope Avenue. He remarked that it is still Mr. Crane's desire to build multi -family dwellings. He explained the drainage plan they had in mind, with no ingress/egress on Greeno Rd, remarking that the way it is now it is not in useable condition. Action was taken earlier subject to density and drainage and they were seeking guidance on drainage He outlined what they proposed, but since the Commission had just seen this for the first time tonight, they responded that the City Supt. and Zon. Enf. Officer needed time to study this plan and would try to respond to Mr. Arnold's suggestion after consulting and get back as soon as possible with him. At this time George Huddleston representing Matt Dial came forti. He stated specifically that the city is allowing non -conforming uses at Commercial Park as well as there being parking violations. Mr. Dial's complaint had been before the Commission for some time now, reference was made to Huddleston's letter to City Attorney and Bob Lunsford's response. After much discussion about best way to handle the situation and whether or not viola tion exists, John Parker moved to adjourn and reconvene in 48 hours at 5:00 p.m. to answer allegations, Mary Doug Seconded and motion carried unanimously. There being no further business meeting was adjourned.