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HomeMy WebLinkAbout07-07-1986 Regular MeetingThe Planning & Zoning Commission of the City of Fairhope met July 7, 1986 at 5:00 p.m. at the City Administration Building, 161 N. Section Street Present: Chairman Maxwell Killoch; members Cecil Pitman Cindy McBrearty, Mary Doug Foreman, Tim Kant Barney Shull, Richard Sanderson The minutes of the June 2, 1986 meeting were approved as written on motion by Barney Shull, seconded by Cindy McBrearty. The public hearing on the rezone request of Wayne Kahlbau, agent from R-1 to R-3 PGH was held. Mr. Kahlbau addressed the Commission and members of the audience. He asked that a timely decision be given to him as if this passes he needed to get in on the paving assessment program. He noted the location south of Colonial Acres and East of Richmond Square. He said that he wished to construct patio garden homes, 40 homes maximum energy efficient, high quality, with 5 entrances/exits into area. He said he was aiming these homes at the retirement community and would fit in well with what is there now, the houses to cost between 70-90,000.00 range with a minimum of 1,000 sq ft in building. Mr. Killoch asked for comments from the audience. Mr. Oren Asnis spoke saying he and his wife had searched the area for a long time before they decided on their house in Richmond Square that they treasure the area and that they feel this would have a devastating effect on the area as well as the property value of his house. Mr. Dave Beaudoin presented a petition to the Commission signed by over 50 people living in the area stating that they were opposed as they felt it would be spot zoning and violate the intent of the recently accepted comprehensive plan, as well as congest the area, cause additional drainage problems and depress property values. Frances Zieman, James Stewart and Chuck Harbage said they did not realize that by signing they would be asked to speak but they shared the same sentiments as what already said. James Darrow spoke saying he signed the petition and doesn't like apparent spot -zoning and increased traffic. Mr. Edson Whitaker said that it is detrimental to his property. John Love said he looked long and hard for a quiet are and he is against it 100%, he does not want any more traffic. Maxine Connor said that once these are sold there would be no way to guarantee that they would remain the lovely homes planned. Joe East said we should remain consistant w/surrounding area this is not the same not consistant. Bill Able said he looked long and hard to come to this area and that he was also concerned about drainage. Bill Morgan said this is not a compatible land use, that if it is as easy to change as seems to be why even have an ordinance, he was also concerned about drainage and thought this change is not in best interest of Fairhope. Mrs. Zoghby spoke for her and her husband saying they too searched the area before settling and they could not afford for property value to go down. Wayne Zimmer, Mark & Sue Wise, James N. Thompson, Cathy & Don Brown, Linda Hopkinson, Raymond Moody al so spoke, all were against change for same reasons voiced earlier. Wayne spoke again saying that something different from the status quo is often hard to accept. He researched this for 3 years to determine ownership. He plans to spend at least $275,000 to develop that surely if he spends this much money he will not build something detrimental to the neighborhood. That his plans for roads and drainage will come later when subdivision plans submitted. He said he thought there was a tremendous misunderstanding about patio garden homes, that he did not introduce this to ordinance that it was added because there is a demand. Mr. Killoch said he felt that the main objection was to the high density Mr. Asnis asked if it wasn't true that there are already areas zoned for multi -family already. Mr. Beaudoin spoke again saying that as obvious by petition R-1 is what property owners in area want to remain. Richard Sanderson said first as an explanation that we are obliged to hear the re -zone requests when they are made and that applicants can apply repeatedly once a year. That we appreciate the response of the public. That as a small City we work under a handicap as we do not full-time city planner, city attorney or city engineer. That we have adopted a new comprehensive plan. Page two - July 7, 1986 Planning & Zoning Commission He went on to say we work under the State Enabling Act and quoted the preamble of the zoning ordinance and excerpts from the consultant's recommendations regarding the new comprehensive plan after study had been made which said our one objective should be to identify areas and find zoning best where already developed. Mr. Sanderson said this is not consistant with community plan and is spot zoning,Barney Shull said he wished to move to recommend denial of this, request to the City Council. R. Sanderson secondedand vote was: Sanderson, Shull, Pitman, McBrearty, roreman, Killoch, and Kant for denial and none for approval. Motion passed unanimously. The next item on the agenda was consideration of a 4 lot subdivision Church Street Court made by Mr. Joe Miller. Mike Arnold spoke representing Mr. Miller. He remarked that Mr,. Miller wished to divide his leasehold interest and that the zoning was B-2. He said this would enable the different owners of the business to purchase the leaseholds and he would retain the courtyard area. Bob had asked for a 30 ft utility egress easement, and FSTC endorsement. Mike said he had a revised map showing these things requested. Richard Sanderson moved we approve for preliminary and final approval based on Bob's recommendations being adhered to. Barney Shull seconded and motion passed unanimously. A 47 lot subdivision called Gabel Station being, planned for across the street from the Middle School was presented by Bill Eadie of McCrory and Williams. Mr. Ron Stratis, developer, spoke saying he had approval from the F.S.T.C. for Unit 1,2,3, that the lots would be a minimum of 7500 Sq ft, he was trying to get a home for the first time buyer w/small children. Nancy Corte spoke asking what restrictive covenants were proposed, what zoning? It was broughtl out that this is not in city limits but would be built to R-3 specifications w/1000-3000 sq ft homes at 40-50,0000 price. Nancy said that the density concerned her, the drainage and the traffic as an adjoining property owner. Ron Stratis said that his wife had selling real estate determined that there is a need for this type of housing for the Ist time buyer the young family man. That by putting the houses in a 40-50,000 price range that it makes the 1 difference in whether or not they can afford to purchase a home. Tim Kant moved to grant preliminary conditional approval, Barney Shull seconded and motion carried with Cecil Pitman abstaining. 1 Shore Village subdivision off Nelson Road, a twelve lot subdivision was present- ed for final approval by Ack Moore. He remarked that they planned to connect to the City sewer system at Square Rigger and will ask for annex- ' ation and will go into the paving program of the City. That there was no 'I change in the drainage as presented at the last meeting. That all their improvements will be put in rather than a bond posted. Cecil Pitman moved I to approve Richard Sanderson seconded, final to be given when taken into the City, before a vote could be taken, at this time Sam Dyson asked to speak and said that his wife owns 700 ft on the bay where this water runs to and unless the water is going to be handled properly this proposal should be turned down as they can't handle any more water being dumped on them. Robert King spoke saying he was also concerned about the drainage and traffic. Ack spoke saying he had provided a holding pond of 1.3 acres that would hold 1 161,000 gal. of water over a 24 hour rainfall, a 10 yr storm period that theorhet-, ically he can't design for a 500 yr rainfall. That he is going to put in weir at end of pond and the water will be discharged at the same rate as i before runoff. Mr. Dyson spoke again saying that for the same expense he could run the water to Molokai Lane which he should do. Mr. Beard of Paddock I' Estates spoke saying he was concerned about the drainage that it would only take one time flooded before the houses will be devalued and it will become a tenement area. That he thinks that the drainage problem is major. Mr. 1 Trail spoke saying his concerns were also drainage. Phil Dyson spoke saying that he has stood on this property as it is now and been in ankle i deep water that it is not adequately designed as he sees it unless the water is brought to Molokai Lane. Mr. Sam Dyson spoke again saying any water would add to the problem, that Mr. Moore knows he can run this to the pipe on Molokai Lane. Mr. Killoch moved to approach the City Council and have them get an expert look at the situation and Mr. Moore's plan and advise that no more runoff would occur. Barney asked Mr. Killoch i to clarify whether or not this was design for whole area or just this subdivision. That Mr. Moore is an engineer. The previous motion and second was withdraw T and Mr. Killoch's motion to get a second opinion was seconded by Cindy McBrearty and motion carried with Mr. Shull abstaining. Page three -July 7, 1986 Planning & Zoning Commission Leabrook Unit IV on Oberg Road. Bob reported all necessary signatures had been obtained and requested giving conditional approval subject to the improvements being made. Tim Kant moved to approve as recommended Maxwell Killoch seconded and motion carried unanimously. The Commission had two more applications to add to the eleven already received on the re -zone requests being made for Greeno Road. Tom Brown and Vernon Bodden. The Commission on motion by Cindy McBrearty, seconded by Barney Shull voted to accept these and add to others, motion carried unanimously. Mr. Chason asked what the timetable was to getting an answer on these. Mr. Killoch responded he had sought opinion from .City legal office on this and as soon as we had an answer we %ould be able to respond. Mr. Chason further asked what guidelines would be used if a referendum was held, that they would like to be appraised of same. Mr. Bodden spoke saying he would like to suggest 3 things regarding the Greeno Rd property, that it either be re -zoned as requested; the City purchase all this property as it is or close off road at Hwy 104 and re-route traffic to Highway Highway 27. Mr. Valentim said he wished to express an opinion that the City not let someone else tell the property owner what to do with his property, that holding a referendum would do this. In regards to a letter from the FSTC regarding what constitutes a subdivision Mr. Killoch said he had asked the Attorney General's office to respond to whether or not an old ruling was still valid and so far he had not heard from them. Mr Kopesky spoke on behalf of Bill Nunnery, who spoke saying 1, wished to build a house next door to his house and then sell the old house. Mr. Kopesky was also speaking on behalf of John McMurray. Mr. Killoch told Mr. Kopesky he could proceed on the basis that the ruling still stood since he had not been contacted otherwise. There being no further business, meeting was duly adjourned.