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HomeMy WebLinkAbout11-06-1995 Planning Commission MinutesThe Planning 8 Zoning Commission of the City of Fairhope met Monday, November 6, 1995 at 5:00 PM at the City Administration Building, 161 N. Section Street. Present: Vice -Chairman Maxwell Killoch; members Cecil Pitman, James Nix, Cindy McBrearty, Debbie Quinn, Tim Kant. Zoning Official Robert Lunsford and Secretary Betty Rivenbark The minutes of the October 2, 1995 meeting were duly approved as written on motion by Tim Kant, seconded by Debbie Quinn. The Commission held a public hearing on an amendment to the zoning ordinance for the following: 5.11 Uses Permitted; 5.12 Uses Permitted on Appeal; 5.13 Uses Prohibited Section 70.12 Variances;, Section 70.115 Parking Requirements; Section 70.33 Control Curb Cuts, Vision Clearance, Driveway. Setbacks; - Section:.8.14 Rules of Procedure;. Sections 8.321 - 8.324; Section 8.34; • Section 8.35 Certificate of Zoning Compliance; Section• &62 and 8_63; Section 8.66 Vince Valentim questioned Section 5.11 in that previously it had to be approved by the Planning Commission and this sentence had been deleted, that in his opinion it diminishes due process. Bob tried to explain the changes to him and read the proposed changes to the audience. Vince spoke again at length still saying that he thinks 5.11 and 5.12 should come before the Planning 8 Zoning Commission. He suggested further study before adopting the changes. More discussion led to Cecil Pitman moving to hold for 30 days for further study of these changes. Debbie Quinn seconded and motion carried unanimously. A public hearing was held on a request of Craig Dyas for zoning concurrent with annexation of some 4.5 acres as R-3 PGH located South of Montrose Woods Drive, North of Commercial Lot 177 Rock Creek. Mr. Dyas spoke on his behalf. he said he had 240 ft.± on the highway and thought this would be good transitional use. That the patio homes would be 1600 ft. and individually designed, Walcott Adams is designing them. He said he would be building and selling them. He was asked if any more curb cuts were planned and he said no. A Frank Woodson of Montrose Woods subdivision spoke saying he just found out about the meeting an hour ago and he wished to say that as he knows no more about it he wishes to voice his opposition. He feels it will devalue his property by putting PGH next to it and he also wonders if they will be asking for a cut through Montrose Woods to ingress/ egress these patio garden homes. A Kaki Fleming also of Montrose Woods spot saying she had heard that they wished to connect the clubhouse road to their road and she is against this and also wanted to know if this is an adaptable area. Further discussion led to a motion by Cindy McBrearty to postpone this for 30 days in order to give Craig time to talk to these people and hear t concerns. Craig said that would not be a problem with him. James P. Nix seconded and motion carried unanimously. Preliminary Approval Bestor' Ward 35 lots S rinrun Place Bob read his comments about this stating that this is surrounded by the B-2 M1 District. He said further that the size of lots proposed would indicate patio -garden type housing. It was his recommendation that this application be denied on the basis that it does not represent good planning with respect to the general development plan of the city. Further there is much potential for conflict between the proposed single family uses and the existing and foreseeable business and manufacturing uses on abutting lands. In closing he said if the application is considered he recommended a zoning change to residential. And that extensive screening and separation be part of requirements. Bestor Ward addressed the commission saying his application does conform, it is in principals of good planning and he falls under recommendation of comprehensive plan. He showed a site map which showed 25% commercial and rest is residential use with over 100 households now. He showed photos of similar homes with typical view of residential area saying that he plans 34 patio garden homes, owned by retirees, with brick exterior, 1250 ft with attached garage. Have wooden privacy fence, landscaped and buffered and !ir Page two Planning & Zoning Commission November 6, 1995 exteriors will be changed up. Also sprinkler systems will be installed. And there will be a fence around the whole area. He said Harbor Furniture is 41 feet away and cited 5.42 stating that his use is a use permitted and far enough away from planned area. He said he complies with the subdivision requirements. He said he plans to priced them under $100,000 which he has been informed there is a market for.. He showed several other maps and cited information showing he fits into the overall land use plan and future use plan. He said he has 6.7 acres and that he is going to build the houses himself not contract out. He said all the traffic will go in and out of Spring Run. He was asked why 2 streets, that 2 dead ends make for bad traffic flow. He said he did not wish to join them that it was more private with 2 dead ends. He said further that this helps fulfill the goal of the comprehensive plan and is an economic benefit to the community with 30 something houses. He said he met with Charles Ingersoll and that Mr. Ingersoll said he has no problem with it now as long as people know that they are next to his business and the different shifts they have to work. He said further that he plans subdivision covenants. Bob asked if he would consider changing zoning to residential? and explained how difficult it is to keep business out of area if zoning remains the same. He said further that he cannot enforce restrictive covenants. Bestor said he did not wish to go through another delay wished to do by late winter. Cindy said she would be comfortable with this if he would re -zone. Mr. Ingersoll and Mr. Barkley were the ones who had raised the question of people knowing they are buying next to M-1 property and wished anyone purchasing to know this. James P. Nix asked if this is granted would he initiate R3PGH zoning request? He said he is worried about timetable but would do it. Cecil Pitman said it was an excellent presentation and on the basis of him aplying for R-3PGH zoning & proper buffering as per Bob's recommendations he will recommend preliminary approval. Cindy McBrearty seconded saying that knowing that we have more commercial property than we need she does not see this as a problem. Motion carried unanimously. James P. Nix said he wants to make sure that anyone who purchases property knows they are backing up to M-1 and asks that the building official note this on the building permit. A few questions were asked about drainage and Moore Engineering is handling, they said they pain to retain in the area with a pond. There being no further business, meeting was duly adjourned.