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HomeMy WebLinkAbout02-03-1997 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, February 3, 1997 at 5:00 PM at the City Administration Building, 161 N. Section Street Present: Chairman Larry Green; members Cindy McBrearty, Debbie Quinn, William Richmond, Cecil Pitman, Richard Sanderson, Tim Kant, David Bishop The minutes of the January 6, 1997 meeting were duly approved as written on motion by Debbie Quinn seconded by William Richmond and unanimously carried. A re -hearing of the zoning change application of Charles Earle from R-1 to B-2 was held. There was much discussion at the last meeting but a motion was not made so no action was taken and it has been remanded back to the commission for a recommendation. Bob commented that it is a small part of some 30 acres. That most of the property to the west along the south side of Nichols is zoned M-1. The VFW was annexed after the structure was built as R- 1 and the land across the street is zoned for single family patio -garden homes but presently not developed. Further, considering businesses to the west and the uses proposed this parcel is not well suited to a single family use and is too small for use as it is currently zoned. That the proposed use, storage warehouse units, is relatively low in its impact on the property to the north and screening may be required as a condition of the building permit. He recommended to commission change the zoning as requested. Charles Earle was present and spoke saying he had talked to Mr. Robberson, an adjacent neighbor, and that when he bought this parcel he thought he might use this for a street but has not and that he wished to be a good neighbor, that he is developing the property to the South and with the VFW to the west he doesn't feel this is out of line. Mr. Green called for any further comments and Mr. Robberson spoke saying the only thing he wished to point out is if any water backed up on him he will take action. David Bishop moved to approve re -zone request and so recommend to city council. Debbie Quinn asked to add to the motion that screening to the east be a stipulation of approval. David said he did not mind adding this amendment. Bob said this could be done in the permitting process. Motion carried unanimously. A re -zone request of Joe Fram from R-2 to B-1 for the property on the southeast corner of Gaston Avenue and Church Street was heard. Bob had commented that the site is in the location of the former Fram's Southside Market and existed many years as a non -conforming use but when market closed this status lost. That the site has never been zoned for business and is within a neighborhood that is residential both in zoning and character. In his opinion to change the character of the neighborhood by including commercial is not in conformity with the comprehensive plan and he recommended denial of this request. Mr. Fram said he wished to open an antique shop in this location on the one lot and could only see it as taking a vacant building and making an improvement. That it would be strictly for antique shop and would be low traffic. In discussion Cindy McBrearty pointed out to him that if get B-1 zone that any of its uses would be allowed that we cannot restrict it to antique use only. David Bishop said he sympathized with what he was trying to do. Larry Green said we are bound by legalities could not restrict use. Cecil Pitman suggested that this was prime property why not tear down and build a residence there. Richard Sanderson said he empathized but in seeing the opposition he moved that we deny the petition and recommend this to the city council. Debbie Quinn seconded and motion passed unanimously. Mr. Green called for any further comments andAMrs. Spater and George Wright spoke saying they wished to maintain the integrity of the neighborhood. Fairfield Place- Unit three This was preliminary plat request for 38 lots on the north side of Cty Road 44 west of County Road 13 outside the city. Bob had commented the plat and plans appear to be in order except that easements need to be shown across Lot 45 to provide access to sewage lift station. He recommended approval subject to a pre -construction conference. Further that the sewage lift station is complete except for final testing and the Idt has been deeded to the city by warranty deed. Ack Moore was here to speak for the developer. Larry Green commented that the plat showed a rather large pond, was this detention pond or lake. Ack said that they wished to make it a lake, that possibly they could build deeper and seal bottom to hold water that it will drain to bridge under the road that he had inquired with the county if water flowed over the road and was told no. Tim said it floods all the time and he would be opposed to sealing the bottom to hold water because of flooding already there. Larry Green said this should not affect approval from Planning & Zoning, Bob said they have done everything that has been asked of them. Cecil asked about planned density and Ack told him that it is planned in phases that original plans showed 110 lots. A lot of discussion followed on the drainage area, Ack was asked about calculations and he said he had turned them all in to Bob. Cecil said he would like to see some green space, park there and bigger lots. Larry offered that it does meet subdivision regulations. Tim asked Bob if he had studied the figures and Bob said no but Mr. Moore will be certifying calculations on the plat. Tim said he would like to make sure it all works, get a second opinion. Bob said there is no way we can require the county to do anything. Tim Kant moved to approve subject to the County Engineer reviewing the figures with Bob. Richard Sanderson seconded and motion carried with all except Cecil Pitman voting for motion; he was opposed. Cindy said she wished to encourage them to look at putting some green space. Bob brought to the commission's attention a request from the county zoning officer that developers of subdivisions in the extra -territorial jurisdiction present to staff a signed acknowledgement of receipt of two sets of plans by the county's planning officer before such items are accepted by us for inclusion on the agenda. Cindy McBrearty moved to follow this request, Debbie Quinn seconded and motion carried unanimously. Larry Green mentioned that he had talked to Don Brady of South Alabama Regional Planning Commission and he asked that it be passed on to the commission for them to come visit and see what they do. There being no further business, meeting was duly adjourned.