HomeMy WebLinkAbout09-05-1996 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Thursday,
September 5, 1996 at 5:00 PM at the City Administration Building, 161 N.
Section Street.
Present: Chairman Richard Sanderson; members Cindy McBrearty, Debbie
Quinn, Tim '\^nt, Larry Green Jeanette Puckett, Cecil Pitman. Zoning Official
Bob Lunsford and Secretary Betty Rivenbark
The minutes of the August 5, 1996 meeting were considered and duly approved
on motion by Debbie Quinn, seconded by Larry Green and unanimously carried.
A public hearing, which was continued from the July meeting, was held on a re-
zone request from R-4 Low Density Multi Family to B-2 General Business
property of Mary Ann Lapeze for 2 lots, 103 and 105 N. Church Street. Bob was
asked to give the commission his recommendation and remarked that the
applicant did not indicate an immediate business use for the subject property
and the changing of zoning for a property where there is no immediate proposed
use requiring such change may be viewed as speculative zoning and is not
necessarily in the interest of the neighborhood nor the city generally. That this
application is not in harmony with the existing land uses in the neighborhood
and should he forwarded to the City Council with a recommendation for denial.
Mrs. Lapeze spoke saying the houses next door and across the street are zoned
B-2. That they have been that for the last 25 years, that there are 4 zonings in
this area and this presents confusion when people trying to buy property, she
showed a map with the different zonings marked and said that this is a mixed
use street. She commented that we just spent $16,000 on updating our
comprehensive plan and did not address the inner city. She said she might be
willing to compromise with B3b. Mr. Sanderson called for any comments. Becky
Lundberg, a neighbor, asked for clarification for B-3b and said she is opposed to
anything but a use that would permit bed & breakfast. Mary Ann said she had an
offer on her house for the person to live downstairs and have business upstairs
but prospect withdrew, that there is a sign next door on house for sale that says
commercial, her zoning request is not speculative. Bob said again no specific
use was listed on the application. Tim Kant spoke saying that he suggests
forming a sub -committee and study the whole neighborhood, that he has a
problem with B-2. Cindy McBrearty offered that this building use to be a
Delchamps shopping center with TG & Y and Harco drugs and at that time the
idea of adjacent property as business had potential, but this has not been the
case since it has been city building, that bed & breakfasts and apartments still
residential uses. That we look at re -zoning as compatible use. Debbie Quinn
said since we advertised as B-2 we need to decide on B-2 and go from there. Al
Johnson remarked that the lot he just purchased at the corner of Church St &
Magnolia use to have commercial business in the home, a taxidermist. Further
discussion led to a motion by Larry Green to recommend denial of re -zoning
request to city council, Debbie Quinn 2nd and motion carried unanimously. Dick
Sanderson said it is his intent to discuss this further with the members and have
a study session.
Crowne Point This was an application of Harry King for preliminary approval,
16 lots on Cty Rd 24 at US Highway 98 in the Barnwell community. Bob said no
streets were to be constructed and it was generally in order he recommended
approval. Mr. Sanderson called for comments and several people came up to
look at what planned. A Tim Rider questioned the size of the lots planned and
there were also questions on the septic tanks and how handle the runoff. There
was a representative there from Stiffler Engineering who said they would
probably install individual culverts. The people were told that this met
subdivision regulations of the city but if they had any other problems with this
they would need to address the county as that is where permits are issued. A
lady said she is strongly opposed if it is like King business in Foley that they
usually start off selling trailers then sell a package deal, trailer with land. Cindy
pointed out to her that there is no zoning in the county and they really needed to
contact their county commissioner if they had problems. Bob said we rely on the
engineer's certification that they have designed properly on stormwater
management, that the most stringent rules will govern, whether city or county.
Cecil Pitman moved for preliminary approval, Larry Green seconded and motion
carried unanimously. The lady who opposed appearance identified herself as
Rebecca Nelson and requested a buffer strip be required. She was told that we
could not require it.
Danny Lea S/D An informal review of a division of some 14 acres into 6
residential lots on Danne Rd south of Cty Rd 32 on Green Branch. Bob had
noted that the surveyor's certificate makes no mention of flood zones or
wetlands determination which could impact the development, that this requires
no action. Bob said he had ridden down there and noted a low lying area with
slope to highway and developer might need to take this into account. Carlton
Niemeyer spoke saying there is a creek that runs thru the middle of 1 & 2 but
plenty of building room, maybe put bridge between 5 and 6 to give them access
across back to get in on the west side. He knows the commissions concerns
and will reply to them. Debbie asked about perk tests and Carlton replied he
had done these, good high ground on big lots. There being no further questions
Mr. Niemeyer said he will work on concerns and proceed with plans.
There being no further business meeting was duly adjourned.