HomeMy WebLinkAbout07-12-1979 Special MeetingThe Planning and Zoning Commission of the City of Fairhope met for a special
meeting on Thursday;, July 12, 1979 at 5:00 p.m, at the City Administration
Building, 387 Fairhope Avenue with Chairman John Parker presiding.
Those present:' Ted Bennett, Jack Dirk, Leona. Newman, Bill Workman,
James P. Nix, and Sam Box, Sr.
Mr. Parker addressed the general public, some twenty in number, stating the
purpose of the meeting this evening was consideration of Carmel Square subdiv-
ision application being developed by Mike Ponder/Ponder Engineering Company
and located South of Fairhope on the East side of Highway 98 right past and
adjacent to Sweetwater Branch at Battles !,- arf.
Mr. Box related the position of the City Council regarding City sewer connec-
tion for this area. Mr. Pdgas had been before the Council in March and re-
quested sewer hook-up for this property. The Council in turn granted hook-up
approval with the stipulation that as soon as the City was contiguous to this
property it would be annexed, and that the City's specifications had to be met
in the installation of the pumping station. Mr. Rigas v.-as also told at the
March Council meeting that any development should be brought before the Plann-
ing and Zoning Commission. Mr. Nix remarked that this was what had happened
but the approved minutes required only annexation agreement. Further, that
the subdivision request had come after the sewer hook-up had been approved
by the Council, with no stipulation regarding zoning ordinance compliance,
and before the City's recently adopted a resolution stating requirements for
residents outside the City .Limits who wish to tie in with City sewer system.
Mayor Nix further offered that the sewage treatment plant was a federally
funded project and the City of Fairhope had a responsibility to allow out-
lying areas to tie�in with City utilities. This point was challenged by
some Commission members. It was concluded that the current subdivision applic
tion must be acted on with no zoning stipulations imposed as terms for City
sewer connection. '
Mr. Ponder addressed the Commission stating he had from the beginning tried
to comply with all of the Planning Commission's requests, and was still doing
so, and that he felt that in many ways he was building a much better subdivi-
sion than what the City actually requires. Mr. Parker remarked that the
Commission could not tell him what he could do in the line of zoning, but
asked what zone Mr. Ponder felt his development would comply with. Mr.
Ponder stated, in looking at the Ordinance, he thought the planned development
would be within the B-3b zone. He was asked if he would put B-3b stipulations
in the restrictive covenants that the types of land use would be confined to
those described in Fairhope's present B-3b zone, except that boat storage and
rental, although permitted in the B-31) zone, would not be allowed in this
development. Mr. Irby, attorney of the applicants, agreed to supply the
Commission with these revised restrictive covenants and make reference to
them on the recorded subdivision plat as "rurnzing with the land'.
Several people questioned the drainage plan and its impact on sedimentation
and pollution of Sweetwater Branch, and the location of the pumping station.
Mr. Rigas addressed their questions telling these that the pumping station
location had been stipulated b;7 the City to assure public access to maximum
surrounding property. He presented a topographical sketch indicating the
drainage area feeding Sweetwater Branch and areas within this drainage basin,
including Lot 8 of the considered subdivision, which are wetland/marsh areas,
with EPA and Corp of Engineers restrictions on development under present law.
It was agreed that Lot 8 of the present application would not be further
subdivided, nor sewer extended into this area, until approved by the Fairhope
Planning and Zoning Commission; and that further development would fall under
the aforementioned,, current City resolution regarding zoning compliance stip-
ulations for approval of sewer connection to the City's system.
Mr. Ponder was asked if he would install, and maintain a sediment trap to
help insure keeping the creek clean. He agreed to this. It was further
agreed that the oyster shell service road along north edge of property was
a necessary element of erosion control and would play a needed role if it
remained oyster shell rather than being paved.
Planning & Zoning Meeting, July 12, 1979 - page two
Mrs. Newman moved that the subdivision be approved subject to (1) construction_
of a satisfactory sediment trap at a point immediately Prior to discharge
point of area storm drainage into Sweetwater Branch; (2) maintenance of an
oyster shell service road at the north edge of the property in such a
manner as would prevent erosion into and sedimentation of Sweetwater Branch
caused by this development; and (3) inclusion of these requirements and re-
strictive covenants on the plat of record.
There being no further business to discuss, meeting was adjourned at 7:05 P.M.
Approved i
Respectfully submitted
Betty Rivdnbark
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