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HomeMy WebLinkAbout03-18-1991 Planning Commission MinutesThe Planning & Zoning Commission met Monday, March 18, 1991 at 5:00 p.m. at the City Municipal Complex, 161 N. Section Street in continuation of public hearing on First Baptist Church's request for re -zone from R-2 to P-1 on property at 259 S. Section Street. Present: William Lucey, James P. Nix, Cindy McBrearty, Mike Ford Tim Kant, Cecil Pitman, Richard Sanderson, Maxwell Killoch At the regular meeting held March 4, 1991 Mr. Gibson questioned whether or not Mayor Nix and Mike Ford could vote and it was decided to get a ruling from the City Attorney to clarify the question. Mr. Lucey called the meeting to order and asked the City Attorney, Tut Wynne, to come forward. Mr. Wynne related he had researched the issue, studied the State Ethics Law even talking to Melvin Cooper and the consensus was given the facts as they stand there was no conflict in either Mayor Nix or Mike Ford voting on this issue. Mr. Lucey called for anyone wishing to speak for or against the issue. David Shephard spoke for the church saying that if we denied re -zoning it would be against the public's interest, that the church has considered the landowners and that they did this as an interest to them as well as to he church. There is no law on off-street parking and the way it use to e on Sundays we were up and down the streets causing much congestion nd the new parking lot serves everyone. Further that in 1955 they bought he property before the ordinance was even established, they were allowed o build and grow and now asking for something that will help put them in ompliance. It is obvious that when you build more buildings have more eople you need more parking. That within 6 blocks from the church you have churches and 3 of these are showing growth and will need additional parking n the future. Also, that this is not just a residential area. that in this same rea you have R-2, R-4 B-1 and B-4 in one block. That allowing P-1 will not isrupt the environment of the neighborhood but if denied the petition will make n undue hardship, by denying are so much as saying to the church they need o leave town. If they have to move they will be facing a financial hardship s they will have a 4 million dollar asset just sitting there, that there would of be an alternative as no one would like to buy the church without adequate arking, therefore he respecfully requests that the Commision look favorably on equest. Rev. Paul Martin also spoke saying he did not wish to be repetetive jut he stands before the commission urging us to grant the parking as requestec s it is as vital to the ministry as any business, it would cost dearly. That e personally doesn't believe that this parking lot causes a traffic problem but Ileviated one, that before it was worse and he related having to park on streets nd problems it caused. That the lot would be used primarily on Sunday and son uring the week, that parking assistants are always there to help with getting raffic in and out,that utmost in their minds is safety. That when they purchase he lot it was an eyesore, they cleared it, replanted with trees and shrubbery n trying to keep with the beautification theme of Fairhope, that they police it nd even installed a sprinkler system, they feel they are doing everything to nhance the community, that if it is used at arts 8 crafts it is okey, that they re doing all they call to be an asset to the city and that other churches will e faced with this in the future. Ken Gipson spoke and noted for the record that of the group that applauded Rev Martin two lived in the area, he was speaking for neighbors near the chuff hat asked him to speak. He related events leading up court case where neigh hallenged special exception use granted to build parking lot. That the lawsuit ollowed in September of 90 and was ruled in favor of the neighbors, that P-1 as nothing but spot zoning. He showed some pictures of the Wall property efore the trees were cut down and the lot leveled. Tim Kant described the andscaping efforts that had been put in. Bob Lunsford pointed out that the pecial exception use was granted by the Board of Adjustments 8 Appeals not he Planning 8 Zoning Commission. Mrs. Maumenee said she had polled the eighbors and knew of 2 people that had not been notified. Joe Bass spoke aying he had suffered a financial loss in the lowering of the property values, 0 one of the neighbors voted for parking lot next door to them and he asked hat the zoning change not be granted. Trip Maumenee submitted a list f surrounding property owners opposed to zoning change. Maxwell Killoch Planning Commission March 18, 1991 - Cont. >ointed out that the Planning Commission could only recommend to the Council tot change zoning. Tim Kant asked Mr. Maumenee about owning property ind he said he had just sold his property recently within the last year vas in the process of reobtaining it through foreclosure. That they were there or 12 years, Mr. Kant asked if his property value had decreased in the last 2 years, Mr. Maumenee said no. r. Pitman said he had sympathy for these people but not concluded that their roperty had devalued and further personally he recommends voting in favor change as requested. Mr. Lucey asked him if he wished to put that in the irm of a motion and he said yes, he would recommend City Council approve >ning change as requested from R-2 to P-1. Tim Kant seconded vote and it irried with Mike Ford abstaining to vote. r. Lunsford addressed Commission saying John Dorgan had called and asked iat the City restate their position on subdivisions. In the past it had been 5 mile jurisdiction but not further east then Fish River and that the area ast was experiencing a good deal of growth, that maybe we should take nder advisement and entertain formally at next regular meeting. All agreed its would be fine. here being no further business, meeting was duly adjourned.