HomeMy WebLinkAbout09-03-1998 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Thursday,
September 3, 1998 at 5:00 PM at the City Administration Building, 161 N. Section
Street in the Council Chambers
Present: Chairman Larry Green; members Cecil Pitman, Thad Ingram, Debbie
Quinn, Dick Charles, Trisha LoPorto, Tim Kant, James P. Nix. Zoning Officer Bob
Lunsford and Secretary Brenda Hoffren
Chairman Green called the meeting to order. The minutes of the August 3, 1998
meeting and August 6, special meeting were duly approved as written on motion by
Dick Charles seconded by Debbie Quinn and unanimously carried.
A public hearing was held on a re -zone request of Trisha LoPorto for property
located at 720 Middle Street from M-1 Light Industrial to B-2 General Business. Ms.
Lo Porto asked to address the members and audience in regard to the request. She
stated that the property was hers, and she had to make the request in her name as
she was the property owner, but, she had no concern for the outcome one way or
another. The buyer, Henry Bishop needed the B-2 zoning. Ms. LoPorto would not
participate in the discussion and would abstain from the vote. Chairman Green
called for Bob Lunsford to comment on the differences in the M-1 and B-2
designations and why the request was being made. Mr. Lunsford explained that
under M-1 zoning as the property is now zoned, any use in a B-2 can be
implemented with the exception of residential. The buyer wishes to combine his
business along with living quarters. This si a use prohibited in an M-1 zone.
Comments were called for from the audience. Walter & Sandra Woodrow, Pat
McQuittery, Frank Clemens, Jaleen Bradley and a representative for Faith Temple
were recognized as they individually asked questions in regard to zoning
differences, drainage problems existing now, building expansion, property values
and tax base concerns. Chairman Green, Debbie Quinn, Dick, Charles and Mayor
Nix explained that as it is not, light industrial, a manufacturing plant could come in.
B-2 zoning would have a less negative impact as it is more restrictive. The buyer,
Henry Bishop, asked to be heard to answer some of the concerns. He owns Open
Door Christian Bookstore and wishes to relocate to this site. His son runs the store
and wishes to live on the premises. It is a small bookstore and doesn't generate
much activity. No structural changes are to be made to the premises. One of the
reasons he wants the property is the residential appeal. He only wishes to further
enhance it. Ms. LoPorto stated that she respected the neighbors and had
intentionally left the plantings and trees as a buffer for the area. She hope the new
owner would do the same. Mayor Nix moved for approval of change to be forwarded
to the city council, seconded by Dick Charles, motion carried unanimously.
Final Plat Approval - Quail Creek III-B, 30 lots. Chairman Green asked for Bob's
comments. Bob stated that final inspection had been held on improvements and
recommended approval for recording. Questions were asked of Ack Moore with
regard to drainage facilities and platting some of the lots. Dick Charles made the
motion for approval. Trisha LoPorto seconded and was unanimously carried.
Preliminary/Final Plat Approval Commercial Park 98 - 5 lots. Chairman Green
called for Bob's comments regarding this division. This lies outside our corporate
Planning & Zoning - Page Two
September 3, 1998
limits and is not subject to zoning by City or County. No improvements are required.
Approval was recommended for recording subject to County Engineer's approval
and signature. Comments were requested from the developer/engineer. No one
was present for the developer. Questions were taken from Clifford & Kathryn
Peters(adjoining property owners) and Harold Worthington. It was explained that
this is a commercial division. There is no zoning enforcement in this area. The city
has control only over division, not use. Mr. Peters referred to legal discrepancies
between his property description and Postma/Billingsley survey. Discussion led to a
request by Commission(in the interest of good planning) that a 10 ft. buffer on the
east side of Parcel 5 be included to screen the Peters residential use from the
proposed commercial lot. Cecil Pitman moved to give final approval with this
request. Debbie Quinn seconded and motion carried unanimously.
Sketch Plan Review Windsor Court - 7 lots off Section Street and Bon Secour.
Chairman Green called for Bob's comments on this submittal noting that it requires
no action from commission as it is informal. Bob commented that this property was
previously considered for rezoning and was turned down. This sketch proposes
development under its present zoning of R-2. Bob handed the commission and
engineer Ack Moore a drawing of the proposed area with a superimposed drawing
of the flood zone that crosses this property and commented that the height of
existing flood plain cannot be raised by more than I' during construction.
Questioned where buildings may be built, how will she accommodate parking for
vehicles during heavy rains without flooding of cars or accessory building. The only
reasonable use of the land requires adequate storm water retention. Larry Green
commented that Ms. Barrie and the city have a tremendous liability if this developed
without taking drainage seriously into account. Ms. Barrie said she has worked on
this with Ack Moore. This is her third attempt. She is tired of guessing what the city
wants. She has tried to develop a plan the city would approve. She feels the city
should buy it from her for drainage. Cecil Pitman suggested a park easement to
give her tax relief, but it was not the city's fault that her property lies in a flood zone.
After much discussion by members, Ack Moore and Ms. Barrie, Chairman Green
remarked that most of this area is unusable. Usable lots of record may be
developed and probably new lots 5,6,7. Other proposed lots have major problems
regarding drainage. Engineered drainage plans for these lots would be needed.
The commission suggested she consult with Mr. Lunsford. No action was required
but Ms. Barrie should be aware how the city feels about this property in regard to
the drainage.
Under old business, Mr. Green stated the Greenspace Committee had added a
sentence to the existing Greenspace Ordinance providing for a reduction from
fifty(50) feet to twenty(20) feet upon a specific plan of development approved by the
Fairhope Planning Commission. Cecil Pitman stated this was a sensible solution.
Asked if there were any other changes, Debbie Quinn said there may be some
additions, but no changes -are anticipated. Cecil Pitman moved for agreement to
addition, Dick Charles seconded, motion carried.
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