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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.