Rezoning request at Greeno fails to gain approval

By Mike Odom
Staff Writer
Posted 2/2/10

FAIRHOPE, Ala. — The Planning Commission deadlocked Monday on a request to rezone a 24,815-square-foot lot from a low density single family residential district to a business and professional district at the southwest corner of Edwards Avenue and …

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Rezoning request at Greeno fails to gain approval

Posted

FAIRHOPE, Ala. — The Planning Commission deadlocked Monday on a request to rezone a 24,815-square-foot lot from a low density single family residential district to a business and professional district at the southwest corner of Edwards Avenue and Greeno Road.

“The motion (in favor of the request) failed for lack of a majority,” said commission chairwoman Jean Wilson. “(The request) will go to the City Council, (which) will make a determination.”

Wilson noted the commission is an advisory body that makes recommendations only in rezoning cases, and that it is the council that makes final determinations on such requests.

The request was made by Karen Urbanek to rezone the lot she owns at 860 Edwards Road, according to a planning department memo that recommended the request be granted subject to the “applicant’s self-imposed restriction of a 30-foot landscape buffer of screening/fencing to protect the neighbors to the west of this property.”

Urbanek did not speak at Monday’s commission meeting, but Martin Myrick, the purchaser of the property who plans to relocate his insurance agency there, and Morgan Ashurst, an agent to the transaction, did address the commission.

Ashurst and Myrick submitted a jointly signed letter to the planning department, noting that Myrick and Jackie Woods with M&W Investments LLC are the purchasers of the property, and that the existing 1700-square-foot house would be for the Myrick Agency, which currently has three employees.

“Martin Myrick respects the surrounding neighborhoods and would like to self-impose a 30-foot buffer on the west property line and comply with the fencing required,” the undated letter responding to a Jan. 21 planning department letter stated. “The property will have minor changes to it to accommodate its use as an office. The changes will include: widening of the driveway with a non-pervious material, install eight parking places to meet city requirements and minor cosmetic changes to the building.”

During discussion of the request, commissioner Gary Moore noted stormwater runoff problems in the area and asked whether the driveway would be made of pervious material.

“It will be pervious,” said Ashurst, which conflicted with the letter he had co-signed with Myrick that stated the driveway would be made of non-pervious material.

“I thought it would be pervious. Right now I don’t think that they will be increasing any non-pervious material,” said planning director Jonathan Smith, which conflicted with the applicant’s letter stating that the driveway would be “widened with a non-pervious material.”

Commissioner and Council President Lonnie Mixon moved to recommend the request be granted, which commissioner Lee Turner seconded. Commisioners Mixon, Turner, Wilson and Fran Faust Slade voted in favor of the request. Commissioners Mayor Tim Kant, Public Works Director Jennifer Fidler, Bob Clark and Gary Moore voted against the request.

The 4-4 vote followed a public hearing at which three people spoke, two expressing concerns about the rezoning application and one supporting it.

During discussion of the request, all four commissioners voting against it raised concerns about the precedent that rezoning the property would have on the surrounding area, as well as what a future owner could do with that specific property.

“The Comprehensive Plan says we didn’t want to strip out that (that part of Greeno Road), said Kant, regarding competing plans and applications for more commercial businesses along Greeno Road north of Fairhope Avenue. “That’s not what we’re trying to accomplish.”

In other business, the commission:

• Announced its first Public Input meeting since it canceled the public participation portion of commission meetings about one year ago. Wilson and Smith said public comments at that upcoming meeting will not be limited to the three minutes imposed at past public participation sections of commission meetings. In the minutes from the Jan. 4 meeting, Smith announced that staff was “working on scheduling the Public Input meeting as set forth in the Planning Commission By-laws. … Chairperson Wilson stated she would like an evening meeting so those interested in attending will be able to.”

When the public participation section of commission meetings was canceled last year, planning staff and commission members discussed the possibility of having two public input meetings during 2010, but no statement has yet been made regarding how many meetings will occur this year.

The first Public Input meeting will occur at 5 p.m., Thursday, Feb. 25 in City Council chambers.

•Announced that the first Hospital Overlay District Committee meeting is scheduled for 3:30 p.m., Thursday, Feb. 18, at the James P. Nix Center.