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HomeMy WebLinkAbout04-01-1996 Planning Commission MInutesThe Planning & Zoning Commission meeting met Monday, April 1, 1996 at 5:00 PM at the City Administration Building, 161 N. Section Street. Present: Chairman Richard Sanderson; members James P. Nix, Debbie Quinn, Cindy McBrearty, Cecil Pitman, Larry Green, Jeanette Puckett, Tim Kant. Bob Lunsford, Zoning Official and Betty Rivenbark, Secretary The minutes of the March 4, 1996 meeting were approved as written on motion by Larry Green, seconded by Debbie Quinn and unanimously carried. Consent Form - Robert and Madeline Beralin Mr. Sanderson remarked that this was a case of one property owner who is landlocked seeking thru the courts right of access through lands of H & M Partners to a city street as required by Section 18-3-1, Code of Alabama, 1975. He said further that the city is not taking sides. Sam Crosby addressed the Commission representing Mr. and Mrs. Berglin saying they were seeking up to 30 ft. access as provided by law at the nearest and most convenient route and all they are asking for from the Commission is a consent to the proceeding. That they had gone to probate court and there had been a motion to dismiss filed as they had not sought approval from the Planning & Zoning Commission. Debbie Quinn asked how much land was involved and Mr. Crosby responded 160 acres. He said the petition involved 2 accesses: one being 3-100's of an acre and two less than 2/10 of an acre. He showed a map that Rock Creek has put out now that shows one, the most desirable being requested, as a contemplated would be access. Mr. Sanderson said he would like to clarify that all they are asking the Planning & Zoning Commission to do is give written approval to proceed with this action and is he satisfied the prepared letter(copy in file) would accomplish that purpose. Mr. Crosby said yes. Mr. Sanderson called for a motion. Red Wilkins, representing Mr. Head asked to speak saying Mr. Head does not mind giving access as the law says up to 30 ft., but, if Mr. and Mrs. Berglin intend to develop the 160 acres into a huge subdivision then we are talking about something entirely different. That they would at some point in time have to come back for a variance request to make this 60 ft. He said Mr. Head has no problem with the access just need to decide where the access will be, but he does have an objection to a subdivision development. He said there is no doubt they will be granted access but don't want a bottleneck with one access if a big development is planned. David Head spoke saying that over the last 2 years he has been approached by several people asking him to sell access, he recognizes a 30 ft. strip but is not giving blessing on subdivision. Richard Sanderson asked if land landlocked can they get relief legally? Red Wilkins said yes, and asked if this is approved would we put restrictions on it. Mr. Crosby spoke saying that the Berglins had tried to resolve this over the last 6 months and they just received Mr. Head's agreement 15 minutes ago had not had time to review the language, that Mrs. Berglin tried to resolve this without going to court. Mr. Sanderson asked if anyone else wished to address this, Bob Lunsford had reviewed this Planning & Zoning Commission - April 1, 1996 Page Two and asked to read part of his comments ..."If the court grants access, such will only benefit the Berglins, their heirs and assigns. No fee title will vest in the City nor will there be any public easement created. Should the owners in the future wish to make the access way a public street for public purposes, the City would then be able to approve or to deny such use." Mr. Sanderson called for a motion and Mr. Pitman moved for the Planning Commission to grant such approval as requested in the form of letter signed by Richard Sanderson as Chairman. Cindy McBrearty seconded, saying that we are giving blessing on filing of application only as requested, that it is up to the judge to put limits on it. That if they wish to change in the future then it will come back to the Planning & Zoning Commission and will be acted on at that time. Motion passed unanimously. Woodmere Final plat approval was being sought on 31 lots for Benchmark Homes, Inc. located on the east side of Cty Rd 27 south of Cty Rd 34, outside the City. Bob had commented that final plat and plans appear to be in good order and recommended approval subject to: 1. Inspection and approval of streets and drainage by County Engineer; 2. Inspection and approval of water supply by the city's water superintendent and clear bacteriological test report for potable water supply (he said he has received this from Mike Rejczyk). Tim Kant moved to approve subject to approval by County Engineer, Jeanette Puckett seconded and motion carried unanimously. Pelican Point Bob had commented that this was an application of Jack O'Neil for preliminary and final approval of 2 lots on the south side of Baldwin Cty Hwy 1 where it ends at Weeks Bay, outside the city. That the plat indicates that the land lies in County Zoning District 26, is zoned R-1 and abuts Weeks Bay and the Weeks Bay Reserve Foundation lands, is partly in wetlands according to Corps of Engineers and lies within Flood Zone V-12, being subject to coast zone requirements. That the County Engineer, County Health Department and County Zoning Officer have acknowledged receipt of this plat. That any building permits issued will be by the County and will be subject to the Corps of Engineers and FEMA requirements. He recommended preliminary and final approval subject to the county' s approval. Larry Green moved to grant approval subject to county's approval, Cecil Pitman seconded and motion carried unanimously. Destrehan Mr. Lunsford had commented that this was a late submittal, after closing date and he had informed Mr. Moore and Mr. Avant that he was refusing to accept plans but if he wished to bring them to the meeting and address the Commission he could. At this time Mr. Harold Avant asked to speak, saying he took exception to a few of Mr. Lunsford's comments in his review, that he had subdivision halfway finished before bond was asked for so that was not Planning & Zoning Commission - April 1 Page three costworthy, all the sewer is in, that drainage approval pending city inspection and that the water meter boxes are up above city sidewalks but he was waiting for city to get thru digging before putting them in. That Pope Testing did not get their tests back to Mr. Moore until after the deadline for this month's meeting, that was why they had tried to file late. Bob went over again his reasons for not accepting application saying that they were late in trying to file, that after talking to Mr. Avant he asked Mike Rejczyk if sewer inspection had been called for and he said "no", that he asked Phil Rutherford if final inspection had been called for and he said "no", and he had been led to believe that prior to March meeting improvements were substantially complete and since no bond posted Mr. Avant was seeking final inspection. That Mr. Avant had had 30 days since last request made and still project is not sufficiently complete. He said that he has made every effort to accomodate the engineer and developer and he finds no justification for request to accept this project after the agenda closing date. Further, he said he has not reviewed the submittals. Ack spoke asking if final approval couldn't be given subject to Bob's final approval rather than wait another month for a meeting. Further discussion led to Cecil Pitman moving to give final approval subject to Bob's final approval. Tim Kant seconded and motion carried with the following vote: for - Tim Kant, Cecil Pitman, Jeanette Puckett, Cindy McBrearty, and Mayor Nix. against - Richard Sanderson, Larry Green and Debbie Quinn. There being no further business meeting was duly adjourned.