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HomeMy WebLinkAbout09-04-1984 Regular MeetingII III IV The Planning & Zoning Commission of the City of Fairhope met September 4, 1984 at the Municipal Complex, 161 N. Section Street, Fairhope, Al. at 5:00 p.m. Present: Roy C. White, Chairman; members John Parker Cindy McBrearty, Robert Mason, Mary Doug Foreman, Jack Kirk, James P. Nix The minutes of the August 6, 1984 meeting were approved unanimously on motion by John Parker seconded by Jack Kirk. The public hearing on the rezone request of John & Ella Mae Robinson from R-2 to B-1 for lot at the southeast corner of Nichols Avenue at Mershon Street was considered. John Duck spoke representing the Robinson's in conjunction with the Robinson's request, Mr. Duck presented letters from the property owner's on the south side of Nichols east of Mershon and west of Young Street, more specifically lots number 30, 31, 32, also be considered in this re -zone request. Mrs. Robinson had letters of permission from the land owners for this change, the only thing they were concerned about was if they wanted to build a house in the future they could and under B-1 they can. Bob had recommended that all these lots be considered as requested change is logical extension of B-1 existing zone. This change would serve as a buffer to other R-2 property, all property owners within 300 ft of proposed change have been notified and consent of the other owners in the area has been obtained. Applicant has immediate need and use for existing improvements for a commercial enterprise, and other houses in area are substandard housing. It was brought out that this was used as a nightclub in the past, what proposed now is a used furniture store, further that a used furniture store would be much more desirable. J.P. Nix moved to recommend approval of this change to the City Council for action with Mr. Luns- ford's comments noted, Robert Mason seconded and motion carrie unanimously. The public hearing on the proposed amendments to the subdivisi regulations was discussed. Mr. White asked if there was any discussion from the audience. There was no one present who wished to discuss it. Robert Mason moved to approve these amendments as proposed, John Parker seconded and motion carrie unanimously. The Board accepted an application of Rufus Brock for public I hearing at the next meeting for a rezone request from R-2 to R-4 for property 58 N. Bayview St. Motion made by J.P. Nix seconded by Cindy McBrearty and unanimously carried. Jim Fisher was present to discuss a re -subdivision of Rolling Oaks subdivision, one lot into four. He stated that under the subdivision regulations he can divide this lot into 4 addit- ional lots. Bob's recommendations were noted that he has approval by Cty Engineer and Health Dept and that conditional approval be granted subject to completing the extension of the 6" water main and installation of the fire hydrant or post- ing bond. At this time Larry Stejskal spoke up saying that there exists a property line dispute that has not been settled. Further discussion led to a motion to approve subject to this dispute being settled. John Parker moved for preliminary and final approval subject to Bob's points noted, and having a surveyor make a survey prior to having the plat recorded . Jim Fisher said he saw no problem with this. Jack Kirk seconde and motion carried unanimously. V VI VII VIII Planning & Zoning Commission Page two - September 4, 1984 Sam Damson came before the Commission representing the re -subdivision of Lot 17 Greeno Park one lot into three. There was a question of zoning designation on the plat and the zoning map, the zoning map showing R-4 and the plat R-5. Mr. Damson remarked that he thought that Bob was in error. Further discussion led to a motion made by Mr. Nix to approve this re -subdivision as requested subject to Bob's recommendation/interpretation of zoning. Jack Kirk seconded and motion carried unanimously. The Lorenzo Brown/Fairhope Single. Tax Corporation request for preliminary and final approval of 8 lot subdivision, property located on Twin Beech Rd and unpaved Thompson -Hall Road. Bob noted this had approval of County Health Dept and if County Engineer approved recommended approval even though this plat begun in 1974. Robert Mason moved for approval subject to approval of County Engineer. John Parker seconded and motion carried unanimously. Ron Kopesky represented the Grandview Estates subdivision application for preliminary and final approval of an eight lot subdivision. Upon research it had been found that this was first subdivided in 1976 without Commission's knowledge 5 parcels being divided by metes and bounds. Although this was not presented as it should Bob had noted: that the County's acceptance of the existing unimproved road renders this appli- cation no different from standpoint of access than others where lots abut upon an existing unimproved public road; that the act of all owners joining in acceptance of the subdivision does not affect the application differently than if they had in fact been siezed in title prior to adoption of the sub- division regulations; that while this was done in violation of City regulations, the owner had contended that as an absentee landowner, he sought and relied upon the expert advice of others to insure conformity, his action in bringing together his buyers to enter into acknowledging the subdivision plat, his seeking and securing the County's approval and acceptance of the unimproved road as a public road, and his obtaining the approval of the health department for all lots. John Parker pointed out that it has been policy in the past that we require an improved road associated with the development of the land. Roy answered that 8 years ago the city dropped the ball and told these people that we weren't going to exercise jurisdictioi on this to get county approval. All these things pointed out Robert �ason moved to approve subject to all required signature: appearing on the plat, Cindy McBrearty seconded and motion carr: unanimously. South Moseley Meadows preliminary discussion was held. Mike Arnold addressed the Commission with Harold Thompson. This was another subdivision w/lots conveyed by metes and bounds Application was being considered for preliminary of Unit One and Two. Bob had commented that in order to bring all of the right-of-way into public area, he suggested that the buyers "to date" be included as co -applicants acknowledging the plat, and thereby seeking approval of the entire subdivision.Further he said conditions should be a minimum of 60 ft right of way wic be provided, plat be endorsed and construction plans approved by County Engineer and construction plans be approved by the City's Gen. Supt. It was pointed out this was a 20 lot s/d in 8-9 acres of 25 Mr. Thompson owns. Mr. Parker asked about the cul-de-sac needed at the end of the road. Mike contended that the subdivision regs do not say that a street layout has to be presented when preliminary is sought. John disagreed saying if we don't have information that a good decision can't be made on drainage and road construction standards. Further discussion led to them being informed that they would have to have Health Dept approval, County Engineer approval, show temporary cul-de-sac, have land owners signatures, and City ,ed lth IX M Planning & Zoning Commission Page three - September 4, 1984 Superintendent approval before Commission would be able to give final approval. They were asked to come back next month with all this information. Jack Pope and Seth Moore discussed with the Commission the possibility of having the road divide in Covered Bridge Estates Unit IV. Jack said there were some beautiful oak trees he wished to save. John remarked that he was sure that there was a provision to allow for aesthetics but that the 10" curb and gutter would still be required on either side. Mr. Pope said he was agreeable to that. A discussion was held on having a 6" stand up curb in the median. Phil said one of the biggest complaints he has is people parking in the median at Paddock Estates and he is always called. That having a 6" stand up curb would stop this. John Parker moved to approve this alteration to the filed subdivision plat to allow for split street with a 6" stand up curve to define the median area. Cindy McBrearty seconded and motion carried unanimously. Fritz Crane and Pete Garsed were present to discuss a drainage plan for the property he had bought on Greeno Road. Bob did not have tim-e,. to go over before he left town but they wished to discuss it anyway. John asked that they refresh his memory, where is it now. Fritz said to disregard all other plans, that now they are discussing residential apartments w/no vehicular access to Greeno Rd. That in the proposal they will have a holding pond and retain water where develop so no more runoff than if left undeveloped. A discussion was held on whether or not he was developing pass thru drainage for tributaries downstream, the retention capabilities planned Fritz remarked that he had presented at least three plans and that he was working with the City every way he could to try to develop this area, and that these ideas are costly when you engage an engineer but the question remains whose re- sponsibility is it when the property gets sold and something gets clogged up downstream and then the problem snowballs. Mr. Crane was told that the Commission would be glad to form a committee and meet w/ engineer, Bob and Phil to work on this project. Mr. Crane was agreeable to this. There being no further business, meeting was duly adjourned.