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HomeMy WebLinkAbout10-11-1983 Regular MeetingI II The Planning & Zoning Commission of the City of Fairhope met October 11, 1983 at 5:00 p.m. at the City Council Chambers, 161 N. Section Street, Fairhope, Alabama. Present: Chairman Roy White; members John Parker, Cecil Pitman, Robert Mason, Mary Doug Foreman, Jack Kirk and Bob Lunsford Zoning Enforcement Officer The minutes for the September 6, 1983 meeting were considered and amended as stated below: In paragraph III Amend to read .... John Parker asked if this land was in the recent rezone request, noting the 1 year delay prior to another rezoning request should apply In paragraph V Amend to read.... Robert Mason moved to grant preliminary and final acceptance of this experimental sub- division subject to all points made above being complied with, including acknowledgement by Mr. Mayhall that he was outside the law in evading City of Fairhope ordinances in the develop- ment of Windmere subdivision and was being fined for such The minutes of September 9, special meeting were considered and approved unanimously as written. At this time the public hearing was held on the request for zoning of Julio Corte for a parcel of land about 52 acres in size.,Mr. Corte is requesting R-5 zoning in order to build condominiums on this land. The Chairman called for comments and Mr. Illing spoke asking why this had come back up so soon, that he thought it was resolved some 3 months ago. Bob offered that since the property was not zoned that it was not under same rules as property in city limits. John Parker said he disagreed with this thinking that the land in the perifery should be considered just as land in city limits, if this not so, it should be remedied. Elouise Lucassen spoke and said she lives in Rosa Acres and does not want 64 condominiums there, would prefer single famil and she felt this was the consensus of the neighborhood..The drainage question was raised and that the neighbors did not wish more water to come their way. A show of hands was asked for and some 16 were present from this neighborhood. John Parker stated that the City wished to cooperate with the land owner, but brought up what the City's plan for that area might be, that so far the City did not want advance high density development or strip commercial on this side of town. That the City would be obliged to work closely with the developers and achieve a development plan that is desired. That he wishe to address the whole area rather than have these requests presented piecemeal, and he is looking for something consistan with the City's plan. Further discussion led to a motion by Robert Mason to continue this for 30 days in order to give the owner time to present something to the Commission that would show plans for all the property, John Parker seconded and motion carried unanimously. The Chairman asked if anyone was present to speak for the rezone request from M-1 to B-2 property located behind Poser's no one came forth. III IV V VI Planning & Zoning Commission - 10/11/83 Page Two At this time Fran Faust came forward to discuss with the Board Olsen Acres. A subdivision developed in 1974, into several parcels, the approved transfer of the leaseholds was made, but nothing was recorded, it was done by meats and bounds. She had been to talk with the Single Tax and they approved it, she showed the present breakdown. She was told that the subdivision application should be made to the City, they gave approval for a dedicated right of way and subdivision of lots. This property located between Habek Windmill Rd & Belforest Rd(Cty. Rd. 27). She said all lots would perk, and she would get approval of County Engineer after road completed. She was advised that Bob would help her get the proper application for subdivision to bring back later. She thanked the Commission for their help. Once again the Chairman asked if there was anyone present to speak for the rezone request of land M-1 to B-2 land located behind Poser's.No one came forward. It was d6cided that no action should be taken until there was representation, that our practice in the past was to seek out the applicant and see his desire by the next regular meeting. Dr. Steven Scott spoke remarking that he represented the Bald. Cty. Mental Health Center and that they intended to build on some property they own just South of the property in question. He said that if changing the zone would affect their plans that he was against this. That it was his feeling that residences were not com- patible. Matt Dial spoke saying that B-2 zoning would be doing away with the intent of M-1 under the ordinance in 4.723 that M-1 should not be adjacent to apartments. These comment: being noted, it will be brought up at the next meeting. Under old business, Pecan Estates subdivision was brought up by Lee Masterson, a 4 lot subdivision with preliminary and final approval requested. She mentioned that there was a 20 ft. right of way now and that the estate was willing to give 20 more feet to open up the property behind these lots. It was mentioned that this right of way had never been dedicated, that the estate will convey this to the City. Further discussion led to a motion being made by Robert Mason to approve the two lots, F & G as requested with 20 ft. right of way with Bob Lunsford's comments being noted: 1. Establishment of existing 20 ft right-of-way either show recording of instrument dedicating to public or remove note & designation from plat. 2. Indicate on face of plat that 20 foot parcel adjacent to proposed Lot 4 is dedicated to the public by owner. 3. Legal description of property should show tie to record land corner(U.S. Govt. survey or Block Corner of subdivision of record) which can be established with reasonable certainty. Also, upon final approval, the original plat should be trans- mitted to the Zoning Enforcement Officer for recording. Cecil Pitman seconded this motion and it carried unanimously. Bob brought to the Commission a request he had from the Church of Christ to use shell for parking in an area where future bldc planned. Further discussion led to a motion by John Parker to amend the building permit to approve temporary parking by the building setback line of shells, with the understanding that the ultimate development plan utilize asphalt. Robert Mason seconded and motion carried unanimously. VII Planning & Zoning Commission - 10/11/83 Page Three The Chairman brought to the Commission's attention at this time the procedure that was necessary for one to go through in requesting annexation and zoning. His purpose in bringing this up was to convey to Mr. Byrd Moore the necessity of having a public hearing to determine zoning by the Commission in his annexation request to the City Council. The Commission agreed to accept his zoning request for R-3 and R-5 for the property located between Fairhope Avenue and Morphy Avenue behind the Eastern Shore Shopping Center. Public Hearing to be at next scheduled meeting which will be held at earliest convenience on November 1, 1983 at 5:00 p.m. There being no further business meeting was duly adjourned.