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HomeMy WebLinkAbout03-04-1991 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday March 4, 1991 at 5:00 p.m. at the City Administration Building, 161 N. Section Street Present: William Lucey, James P Nix, Cindy McBrearty, Mike Ford, Cecil Pitman, Maxwell Killoch The minutes of the February 4, 1991 meeting were duly approved as written on motion by Maxwell Killoch, seconded by Cecil Pitman and unanimously carried. A public hearing was held on a re -zoning request of First Baptist Church for their property at 259 S. Section Street from R-2 to P-1. Bob gave the Commission the background leading up to the establishment of the P-1 Parking District and related that this is a problem that several of the churches are now facing and will have to consider sometime in the future. Mr. Lucey asked if anyone in the audience wished to speak at this time. David Shepherd said the wisdom of this was obvious, there is a need in the city and although he is a member of First Baptist that they would only be there a matter of hours during the week and is not a burden to the neighborhood, he would encourage the commission to look favorable on request. Ken Gibson spoke to the Commission stating he is against this change. That this had already been taken to court by some of the neighbors and they are waiting for a ruling to be handed down. That this had been landscaped cleared and the parking lot put in and now they are trying to rectify a deed already done. He said he had not heard anything tonight articulated showing what the need might be. That the neighbors are here tonight to speak, that the noise levels were increased and it had devalued their property. That he questions whether Mike Ford could vote on this as he was the agent selling the property, or Mayor Nix as he is a member of this church. Mr. Ford stated that he did have the property listed but another real estate agent sold it. A Joe Bass spoke, saying he lived at 421 White Avenue that as has been stated that when this initially came up he and others had come up and protested issuing of permit and the commission should not re -zone this property. Mrs. Maumenee spoke saying she used to have property there, being the mother of 2 children that she felt it was unsafe to let them go out at certain times, the traffic problem was horrible on Sunday, they tore down beautiful trees and azaleas, the noise level increased and she did not feel i-E was safe for the children in the neighborhood. Mr. Killoch questioned how it was a traffic problem and she cited Arts 8 Crafts weekend, and said that parking was not only on weekends and that they have people pulling in there at all times and parking just sitting there. At this time Mr. Nix said that if there was a problem with he and Mike Ford voting that this could not be voted on as there would not be a quorum he would like to suggest continuing this until March 18th to seek an opinion from the City Attorney. Mrs. McBrearty put this into the form of a motion holding over until the 18th with concerned parties being re -notified by mail of continuance. Maxwell Killoch seconded and motion carried unanimously. The Commission accepted for public hearing at April 1 meeting a re -zone request from R-A to R-3 property of Sandra Levin. Bob related that Mrs. Levin wished to cut out small parcel of this to build a house for her mother. That now she has 3.01 acres and hates to see us create non-conformit It would be his recommendation that all of property be re -zoned to R-3. J.P. Nix moved to accept for advertisement for public hearing at next regular meeting, April 1, 1991. Maxwell Killoch seconded and motion carried unanimousl, r Planning Commission March 4, 1991 - Cont. At this time Charlie Allen came before the Commision wishing to discuss the sign ordinance. He showed various pictures to the commission members and asked if there had been any input from the merchants before the ordinance was adopted. Mrs. McBrearty responded by saying that the committee had worked for over a year on the sign ordinance, there had been advertisements in the paper as well as two public hearings and yes there was input from the merchants. Mr. Allen asked what we were hoping to accomplish and who would enforce it. Mrs. McBrearty said that Bob would enforce the violations as he sees them. Mr. Allen showed a picture with banners hanging from a business and one without the banner and said that you could not see the business from the road without the banner. Mrs. McBrearty remarked that it was not intended that you should read signs in a shopping center from the road. Mr. Allen said that they need to be able to identify their businesses in shopping centers from the road. Mrs. McBrearty said that she could see easily Mr. Allen's sign and that local people knew where he was and what he sold. He said that he had wished to move but when he found out what size sign he could have he had stayed there. It was pointed out that Mr. Allen chose to put his business there. Mr. Allen said that the banner portion of the ordinance needs to be relaxed, that the merchants are trying to attract customers to do business and that the signs, especially banners attract customers especially from the highway. He said if he was the only one dissatisfied that he would have shut his mouth and gone away but he had talked to other businesses in the shopping centers and all felt like their hands were tied. He related that he gets several 4 X 6 banners factory made a month. He was questioned as to how long he felt the banners should sty up. He said he agreed a time limit should be set. Mr. Nix said he had talked to Mr. Allen and had agreed that on special occasions, like raising money for cancer, charitable causes that a banner could be allowed on a limited basis but Charlie is now jumping on everything. He related again the avenues that were traveled before the sign ordinance was adopted. Further discussion led to Mr. Lucey saying that Charlie had talked about several things but it would seem that he is really interested in the banners. James P. Nix said he can see on a special occasion having the need for a sign put up where the time would not be abused, possibly have Bob work on a proposal and come back with something for the Commissior to consider. Mike Ford said from what Mr. Allen said it sounds like he would like a continual banner. Mr. Allen said no. Mr. Lucey said that he has given the Commission a lot to think about and that he thinks we should study the possibilities and limitations and come up with something by the next meeting. Mr. Lunsford said he would be glad to work something up. Mr Lucey stated that a letter had been received from the City of Monroeville Planning Commission requesting assistance from the Planning Commission and that Mr. Sanderson had asked Mr. Lunsford to respond to it as there was a time frame that was stated and the Board would not have time to consider it before this time period. Just for the record he wished to report this action and have it recorded. There being no further business, meeting was duly adjourned.