HomeMy WebLinkAbout05-05-1997 Planning Commission MinutesThe Planning & Zoning Commission met Monday, May 5, 1997 at 5:00 PM at the City
Administration Building, 161 N. Section Street
Present: Chairman Larry Green; members Cindy McBrearty, Debbie Quinn, J.P. Nix,
William Richmond, Richard Sanderson, Thad Ingram, Tim Kant. Zoning
Official Bob Lunsford, Secretary, Betty Rivenbark.
Larry Green at this time recognized Mayor Nix who presented a Certificate of
Appreciation to Richard Sanderson, who is retiring from the commission, thanking him
for his many years of service to the commission as well as the community. It was noted
that he is not going anywhere so we will be able to draw on his resources as needed.
The minutes of the April 7, 1997 meeting were considered and approved as written on
motion by Thad Ingram, seconded by Debbie Quinn and unanimously carried.
A public hearing was held on an amendment to the Zoning Ordinance 557, Section
5.45 B-4 Business and Professional Offices - under 5.451 Uses Permitted:
Change to read business and professional offices, beauty and barber shops,
agencies and headquarters including the following types of businesses: doctors,
dentists, lawyers, architects, engineers, chiropractors, real estate, insurance, financial
institutions and similar types. Any use permitted on appeal in R-1, R-2, R-3, R-4, R-
3PGH or R-3TH Residential District. Bob had commented that the Code of Alabama,
1975 in Title 34, Chapter 7, regulates the practice of cosmetology as a profession,
similar to the regulation of accounting, dentistry, medicine, real estate practice, etc. and
for many years beauty and barber shops have been uses permitted of right in the
general business (B-2) district but have been uses prohibited in the Business/
professional(B-4) district and he was not aware of the logic that was used to justify the
distinction. That a case has come up wherein a person is trying to move a beauty shop
from a B-2 district to a B-4 district and the owner has requested that we reexamine our
ordinance in light of the state law regulating the professions. He said he had
reexamined this and felt comfortable with the suggestion that the commission
recommend to the City Council that the Zoning Ordinance be amended. Mayor Nix said
it sounded like a reasonable request and Bob said they are regulated by same code as
other professions. Mr. Green called for any other comments and there were none.
JPNix moved to recommend approval to the City Council of this change and also delete
from Section 5.452 Uses Prohibited. Tim Kant seconded and motion carried
unanimously.
River Mills- Unit 2 - 32 lots Preliminary Plat Approval Property located off of
Fairhope Avenue east of County Road 27 and north of Windmill Road presently outside
the city being developed by R.M. Development Co. Bob commented that his concerns
had been taken care of but recommended pre -construction conference before work
begins on this development, further that an on long street a bulb on the cul-de-sac is
usually required. Craig Dyas was present and said he had talked to Mr. Cowper of the
county about bulb and that the road only extends another 916 ft., 4 lots, and he doesn't
see the necessity of requirement. He said he plans to annex as soon as possible. Bob
said that there is no other way this will be connected to any other street, no magic
number in determining length. Tim said in the past this was one way of guaranteeing
fire trucks and trash trucks could turn around. Craig pointed out that he had made the
lots 10 feet bigger in this phase and that there is a park planned on one lot and
permanent park planned for phase III. Mr. Green called for any further comments.
There were none. Mayor Nix moved to waive the bulb requirement and give preliminary
approval subject to pre -construction conference. Cindy McBrearty seconded motion
and it carried unanimously.
Plantation Pines - 1st addition - Preliminary and Final Plat Approval This was an
aplication of Merlin Miller for two lots on existing Victorian Drive in the R-1 district. Bob
had commented that Mr. Miller had acquired the land as a legal settlement apart from
Plantation Pines and since the utilities and streets exist adequate to serve the land he
wishes to divide into two lots for sale or development. That he had been informed that
the utilities are available "as is where is" and anything further would be his
responsibility. There being no further comments, James P. Nix moved to recommend
approval, Debbie Quinn seconded and motion carried unanimously.
Hawthorne Glen - Resubdivision Part of Unit I Bob commented that this is actually a
reduction in lots for R3PGH. That a declaration of vacation has been presented to the
city council for action showing an alley platted along the north side of the lots 24-28
which had been originally designated R-3PGH. These had originally been shown as 8
such lots. Larry Green commented that this would mean that R3PGH would only be on
the south side of the street thereby reducing density. After further discussion Cindy
McBrearty moved to approve request to void the plat of subject resubdivsion, William
Richmond 2nd and motion carried unanimously.
There being no further business meeting was duly adjourned.