HomeMy WebLinkAbout08-07-2017 Planning Commission Agenda PacketKarin Wilson
A/qyor
Ceunril A/embers
Kevin G. B,mne
Roben A. Brown
Jack Burrell, ACMO
Jimmy Conyers
Jay Robinson
Lisa A. Hanks. MMC
City Clerk
Deborah A. Smith, CPA
Ci()' Treasurer
161 Nonh Section Street
P.O. Drawer 429
Fairhope, Alabama 36533
251-928-2136
251-928-6776 Fax
11~1~v.fairhopeal.gov
1. Call to Order
City of Fairhope
Planning Commission Agenda
5:00 PM
Council Chambers
August 7, 2017
2. Approval of July 3, 2017 Minutes
3 . Consideration of Agenda Items:
A. ZC 17.07
B. ZC 17.08
Public hearing to consider the request of Bobby and
Debra Green to rezone property from R-1 Low Density
Single Family Residential District and B-2 General
Business District. The property is located on the west
side of US Hwy. 98 (a.k.a. Greeno Road) between Hoyle
Avenue and Live Oak Avenue, at 415 N. Greeno Road.
PPIN #: 17231, 114269, 200528, and 202819
Public hearing to consider the request of Sweetwater
Investments, LLC to rezone property from R-2 Medium
Density Single Family Residential District to B-4 Business
and Professional District. The property is located at the
northeast corner of the intersection of State Highway 181
and Windmill Road, at 20040 St. Hwy. 181.
PPIN #: 77292
C. SD 17.19 Public hearing to consider the request of S.E. Civi l
Engineering, LLC for Plat approval of Van Antwerp Park
Subdivision, a 2-lot re-plat. The property is located on
the north side of Pensacola Avenue between N. Section
Street and N. Mobile Street.
PPIN #: 18772
D. SD 17.16 Public hearing to consider the request of S.E. Civil
Engineering, LLC for Plat approval of Van Antwerp Park
North, a 4-lot minor division. The property is located at
the northeast corner of the intersection of Pensacola
Avenue and N. Mobile Street.
E. SD 17 .17
PPIN #: 18772
Public hearing to consider the request of S.E . Civil
Engineering, LLC for Plat approva l of Van Antwerp Park
South, a 4-lot minor division. The property is located on
the north side of Pensaco la Avenue between N. Sectio n
Street and N. Mobile Street.
PPIN #: 18772
F. SD 17.18
G. IR 17.03
4. Old/New Business
5. Adjourn
Public hearing to consider the request of Sawgrass
Consulting, LLC for Plat approval of Kirkman Lane
Subdivision, a 2-lot minor division. The property is
located on the northwest corner of the intersection of
Kirkman Lane and S. Summit Street.
PPIN #: 39645
Request of Jason Schmitt for an Informal Review to rezone
property located on the south side of Nichols Avenue just
east of Professional Park Drive from M-1 Light Industrial
District to PUD (Planned Unit Development).
PPIN #: 276903
July 3, 2017
Planning Commi ssion Minute s
The Planning Commission met Monday , July 3, 2017 at 5:00 PM at the City Municipal
Complex , 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; Charles Johnson; Richard Peterson; Jimmy Conyers;
Ralph Thayer; Hollie MacKellar; Wayne Dyess, Planning Director; Nancy Milford ,
Planner; Buford King, Planner; Emily Boyett, Secretary; and Ken Watson, City Attorney
Absent: David Martin and Rebecca Bryant
Chairman Turner called the meeting to order at 5 :00 PM and announced the meeting is
being recorded.
The minutes of the June 5, 2017 meeting were considered and Ralph Thayer moved to
accept the minutes with one correction and was 2nd by Jimmy Conyers . The motion
carried with an abstention by Charles Johnson.
ZC 17.04 Public hearing to consider the request of S.E. Civil Engineering, LLC to
rezone property from R -1 Low Density Single Family Residential District and R-4
Low Density Multi-Family District to PUD (Planned Unit Development), Larry
Smith. The property is located on the east side of US Hwy. 98 (a.k.a. Greeno Road) just
north ofVolanta Avenue , to be known as Park Place PUD. Mr. Dyess gave the staff
report saying the PUD consists of 11 buildings of 2 and 3 stories totaling 60,000 sq.ft. for
office , retail , medical and residential mixed use component. The residential use will be
located on the 2nd and 3rd floors and will comprise 15,000 sq.ft. and an estimate of
approximately 7 residential units or 25% of the total building area .
Staff recommends DENIAL of the Park Place PUD based on the following:
1. The proposed PUD is a commercial/mixed use development which is located
between two villages in the Comprehensive Plan (North Village and Greeno Road
Village). These villages are intended to accommodate for commercial and mixed-
use development along the Greeno Road corridor, thereby creating boundaries of
future commercial uses which limits "commercial creep " and strip commercial
development along Greeno Road. Further, the subject prope1ties zoning is
residential as well as its Comprehensive Plan land use designation. The proposed
development is not located at a designated "village " center and lies between two
villages. Due to the location, size , scale and uses of the PUD, the proposed
development is inconsistent with the Comprehensive Plan and its village concept
and is therefore "not in accordance with" the Plan. Staff believes that to achieve
the vision of the Comprehensive Plan of a village development strategy along
Greeno Road , committed adherence to the Plan is necessary.
2. The proposed PUD contains references to medical and professional uses.
Referencing the medical uses , the City adopted a Medical Overlay District,
Section H. Article V. Fairhope Zoning Ordinance , with the intent to "establish
and provide for the logical expansion of medical office needs to accommodate the
growing community and region." Although there is no outright prohibition of
medical uses outside this overlay , to fulfill the intent of the overlay, medical uses
should be encouraged to locate with the overlay. This may explain why the clinic
or medical uses are only allowed "on appeal" and not allowed by right, pursuant
Table 3.1 -Use Table of the Article III , Section B of the Zoning Ordinance.
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July 3, 2017
Planning Commis s ion Minutes
Mr. Smith addressed the Commission saying he disagrees with the staffs interpretation
of the Comprehensive Plan. He stated the Hayek PUD was approved l year ago and it
was 17 days prior to the Comp. Plan adoption. He explained the layout will provide
buffers along US Hwy. 98 and the Auburn property, shield parking from the street, and
maximize walk.ability and open space. Mr. Smith stated the Hayek PUD se t a precedent
and there needs to be defined edges for the nodes outlined in the Comp. Plan. He noted
the Comp. Plan does not dictate land use and the Commission recommended the
properties come together and submit a plan.
Mr. Dyess stated the staff report is based on the existing regulations, ordinances, and
Comp. Plan and staff does not feel it meets the requirements.
Mr. Turner opened the public hearing.
T.J. Murphy of204 Tensaw Avenue-He noted there are issues with the Comp. Plan but
we should be able to look at a master plan to know where the City is headed. He said the
City needs to be workable and not over looked.
Matt Miller of 22741 Main Street-He said even though we have a Comp. Plan, the site
is an eyesore and as the entrance into the City it needs to be upgraded.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mr. Smith stated the property can't be developed like a normal piece because of the
location and characteristics. It is bordered by Auburn to the east and US Hwy. 98 on the
west and it widens from 83' to 400'. Dr. Thayer noted the letter from Auburn and
commended Mr. Smith for this very workable site plan. He suggested additional
buffering and landscaping along US Hwy. 98 and adding lights at the entrance. He said
he does not completely agree with staff interpretation. Mr. Turner commented he agrees
with Dr. Thayer and the property is an unusual shape and currently is an unattractive site.
He stated he likes the plan over all but would encourage more buffering on US Hwy. 98.
Mr. Turner noted concerns with the existing structmes on the site not meeting hurricane
standards. Mr. Peterson noted the property can accommodate residential just as well as
commercial. He explained the proximity of the City facilities would encourage high
density residential. Mr. Smith stated the site could accommodate approximately 7 or 8
residential units. Dr. Thayer asked about a traffic study and if ALDOT has given
approval of the curb cut. Mr. Dyess recommended the Commission be specific if
additional landscaping and buffering is desired. He explained the existing requirements
do not specify understory or canopy trees. Mr. Peterson stated the decision at hand is for
the use of the property not the aesthetics. He said landscaping will be required regardless
of the use . Mr. Smith stated ALDOT is aware of the curb cuts. Mr. Conyers stated he
sees both sides of the situation but he is conflicted.
Richard Peterson made a motion to deny based on the staff recommendation. Motion
failed for lack of a second.
Mrs. MacKellar asked how long the site can be dormant and Mr. Dyess responded there
is no limit. He recommended adding limits. Mr. Turner asked the linear footage along
US Hwy. 98 and Mr. Smith answered approximately 900 '. Mr. Turner stated there could
be 8 or 9 lots and as many curb cuts if developed as it is currently zoned . He said he likes
the proposal. Mrs. MacKellar stated she likes the proposal and said the area needs a
facelift. She noted a boutique hotel is also needed. Mr. Johnson stated he likes the plan
and something needs to be done in this area.
Ralph Thayer made a motion to approve the request with an increased buffer and
landscaping to include understory and canopy trees. Charle s Johnson 2nd the motion.
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July 3 , 2017
Planning Commission Minutes
Mr. Peterson asked if there's such a demand for this t ype development why is the Hayek
PUD still undeveloped. Dr. Thayer responded we cannot ask if there is a need for the
project but review to make sure it meets the requirements.
The motion caiTied with the following vote: A YE -Charles Johnson, Ralph Thayer, Lee
Turner, and Hollie MacKellar. NAY -Richai·d Peterson. ABSTAIN -Jimmy Conyers.
ZC 17.05 Public hearing to consider the request of S.E. Civil Engineering, LLC to
rezone property from R-1 Low Density Single Family Residential District to B-1
Local Shopping District, Larry Smith. The prope1iy is located on the northwest comer
of the intersection of Edwards Avenue and US Hwy. 98 (a.k.a. Greeno Road), at 861
Edwards Avenue. Ms. Milford gave the staff report saying the property is approximately
.9 acres and the proposed use is a bank. Upon the Commission finding that this
application is not commercial creep and leap frog development, staff would offer a
favorable recommendation. Mr. Smith addressed the Commission saying the site is
contiguous with B-4 zoned property and commercial PUD across the street.
Mr. Turner opened the public hearing.
Elmer Vick of 102 Ingleside TeITace Circle -He stated access to Greeno Road from
Edwards A venue is already very difficult and this development will compound the
problem. He noted B-1 allows much more than just a bank and he requested the
Commission deny the request.
T.J. Murphy of204 Tensaw Avenue-He stated this rezoning will set a precedent for the
R-1 properties along Greeno Road. He said the Commission seems to be granting a lot of
exceptions to the Comp. Plan. He explained the plans are not bad but they don't fit with
the current Comp. Plan vision and should be denied. He said development should be
driven by the community.
Mr. Dyess stated this request is different from the last case because this prope1iy i s
contiguous with existing commercially zoned property. He noted buffering would also
be required between the incompatible uses if approved. He added the site falls under the
threshold for site plan requirements and will not come back before the Commission.
Rom1a Field Yeager of 105 Ingleside Terrace Circle -She stated concerns with the
entrance into the prope1iy and the increased traffic on Edwards A venue. She asked what
is proposed. Mr. Turner explained the applicants have indicated a bank is to be
developed but he noted there are multiple uses allowed in the B-1 zoning district.
Jerome O'Brien of 9985 Gayfer Road Extension-He stated he is representing the bank
for real estate purposes. He explained there will be a 20' buffer along the east and west
sides of the prope1iy. He noted the how-swill be 9 to 5 Monday through Friday with an
A TM and drive-thru. He stated the applicant would have requested a more stringent
zoning but B-1 is the only zoning district which allows a bank. Mr. Dyess explained the
property will have to meet the requirements of the Zoning Ordinance for use and
buffering if the application is approved. He cited Aliicle IV, Section B. for buffering
requirements.
Having no one else present to speak, Mr. Turner closed the public hearing.
Dr. Thayer asked if there will be an ATM ai1d noted at other locations the lighting seems
to be intrusive but necessary due to safety. Mr. D yess stated lighting is a valid concern
and a 10' pole height limit with no-spill covers will help to alleviate those issues. He
stated, if approved, the site plan will be reviewed to verify compliance with all cw-rent
regulations. Mr. Conyers asked if there is another more restrictive zoning district which
allows a bank and Mr. Dyess responded no. Mr. Peterson asked for a definition of the
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July 3,2017
Planning Commission Minutes
buffer. Mr. Dyess explained the buffers are landscaping. Mr. Turner asked the width of
the buffers and Mr. Dyess answered 20'. Mrs. MacKellar asked about signage and Mr.
Dyess stated it will be a constrained site but it will have to meet all the requirements and
regulations. There was discuss ion regarding a possible plan or overlay district for Greeno
Road and the process to make those amendments or revisions to the City regulations.
Richard Peterson made a motion to approve the zoning change reque st. Motion failed for
lack of a second .
Mr. Conyers suggested tabling the application for more discussion and Mr. Watson stated
the 30-day continuance does not apply in this sih1ation. Mrs. MacKellar asked if there
are more applications coming for this area and Mr. Dyess responded yes . Mr. Smith
requested the Co mmission vote and either deny or approve the request to be forwarded to
City Council.
Richard Peterson mad e a motion to approve the zoning change request. Motion failed for
lack of a second.
Charles Johnson made a motion to deny the zoning change request. Ralph Thayer 2nd the
motion and the motion carried with the following vote: A YE -Charles Johnson, R alph
Thayer, Lee Turner, Hollie MacKellar, and Jimmy Conyers. NAY -Richard Peterson.
ZC 17.06 Public hearing to consider the request of S.E. Civil Engineering, LLC to
rezone property from RA Residential/Agriculture to R-2 Medium Density Single
Family Residential District, Larry Smith. The property is located on the north side of
Windmill Road just east of US Hwy. 181, at 10143 Windmill Road. Mr. King gave the
staff report saying the property is approximately 46,969 sq. ft. with one existing home on
the site. The applicant is also proposing a 2 lot minor subdivision of the subject property.
Staff recommendation is to approve the zoning change as requested. Mr. Smith
addressed the Commission saying there are several surrounding parcels zoned R -2.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public hearing.
Jimmy Conyers made a motion to accept the staff recommendation to approve the z oning
change as requested. Ralph Thayer 2 nd the motion and the motion carried unanimously .
SD 17.13 Public hearing to consider the request of S.E. Civil Engineering, LLC for
Plat approval of Lyons Subdivision, a 2-lot minor division, Larry Smith. The
property is located on the north side of Windmill Roadjust east of US Hwy. 181 , at
10143 Windmill Road. Mr . King gave the staff report saying the property is
approximately 46,969 sq. ft. with one existing home on the site and 2 lots are proposed.
Staff recommendation is to approve contingent upon the following condition:
1. City Council shall approve the rezoning request for the subj ect property.
Mr. Smith was present to answer any questions.
Mr. Twner opened the public hearing. Having no one present to speak, he close d the
public hearing.
Jimmy Conyers made a motion to accept the staff recommendation to approve contingent
upon the following condition:
1. City Council shall approve the rezoning request for the subject property.
Ralph Thayer 2nd the motion and the motion can-ied unanimously .
SD 17.15 Public hearing to consider the request of Dewberry/Preble-Rish, LLC for
Final Plat approval of Fox Hollow, Phase 1, a 52 -lot subdivision, Andy Bobe. The
4
.July3 ,2017
Planning Commission Minutes
property is located on the south side of Morphy A venue between Edington Place and
Pecan Trace subdivisions. Ms. Milford gave the staff report saying the property is
approximately 38.73 acres and is zoned R-2 Medium Density Single Family Residential
District. Staff recommendation is to approve contingent upon the following conditions:
1. The final punch list shall be completed to the satisfaction of the City of Fairhope .
2. The Operations and Maintenance Plan shall be executed and recorded at the time
of final plat.
3. The applicant has shown a willingness to provide two valves at the time of the
first issuance of a Certification of Occupancy for the subdivision.
Mr. Tu.mer opened the public hearing. Having no one present to speak, he closed the
public hearing. Dr. Thayer stated he appreciated the calculations for the school impact
that were included in the staff report. Mr. Dyess stated staff will be presenting quarterly
date to the Baldwin Cotmty School Board to show the growth in Fairhope so they will be
able to more accurately plan for expansion. Mr. Tu.mer stated the contractor did an
excellent job on the sidewalk and boardwalk through the wetlands on Morphy Avenue.
Mrs. MacKellar stated the traffic calming device look great also.
Jimmy Conyers made a motion to accept the staff recommendation to approve contingent
upon the following conditions:
I. The final punch list shall be completed to the satisfaction of the City of Fairhope.
2. The Operations and Maintenance Plan shall be executed and recorded at the time
of final plat.
3. The applicant has shown a willingness to provide two valves at the time of the
first issuance of a Certification of Occupancy for the subdivision.
Ralph Thayer 2nd the motion and the motion carried unanimously.
Old/New Business
Wednesday, July 12, 2017 at 1 :00PM -Council Chambers -Public meeting for
construction industry professionals and the public to discuss and gather input on issues
relating to the zoning ordinance and subdivision regulations and related to construction
and design standards.
Having no further business, Ralph Thayer made a motion to adjourn. Jimmy Conyers 2nd
the motion and the motion carried unanimously. The meeting was adjourned at 6:46 PM.
Lee Turner, Chairman Emily Boyett, Secretary
5
Project Name:
Green Nurseries
Project Type:
Rezoning
Current Zoning District:
R-1 Low Density Single-Family
Residential District
Proposed Zoning District:
B-2 General Business District
PPIN Number:
17231, 114269,200528,and
202819
General Location :
415 N . Greeno Road
Owner:
Robert and Debra Green
School District:
Not Applicable
Recommendation:
Approve as requested
1
City of Fairhope
Planning Commission
August, 2017
Case: ZC 17.07 Green Nurseries
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ZC 17.07 Green Nurseries-August 7, 2017
I
Summary of Request:
Robert and Debra Green, owners of Green Nurseries, are requesting to rezone the subject property
along Greeno Road, commonly known as Green Nursery, from R-1 Low Density Single-Family
Residential District to B-2 General Business District. The site is currently occupied by an operating
retail nursery.
The subject property is located at 415 North Greeno Road . It consists of 2.6 acres and currently has a
retail nursery operation and has been a retail nursery operation historically.
Per the City Revenue Office, the subject properties have 3 business licenses issued:
2
1. Landscape Architecture
2. Landscape Retail
3. Misc. Retailer (this license code includes florist, gift, novelty, pet, art. Tobacco and used
merchandise). This license has been issued by the City since the 1980's.
ZC 17.07 Green Nurseries-August 7, 2017
3 ZC 17.07 Green Nurseries -August 7, 2017
According to the Fairhope Zoning Ordinance, Article Ill, Section A, the purpose of the zoning district is as
follows:
B-2 General Business District: This district is intended to provide opportunity for activities causing
noise and heavy traffic, not considered compatible in the more restrictive business district. These
uses also serve a regional as well as a local market and require location in proximity to major
transportation routes. Recreational vehicle parks, very light production and processing activities are
included.
The allowable uses in the B-2 District are as follows:
8-2 General Business District *
Permitted by Right
Single Family
Two Family
Mixed Use
Elementary School
Secondary School
Education Facility
Library
Public Open Space
Common Open Space
General Office
Professional Office
Grocery
General Merchandise
Shopping Center
General Personal Services
Automobile Repair
Indoor Recreation
Boarding House or Dormitory
Restaurant
Bar
Entertainment Venue
Permitted Subject to Special Conditions
Townhouse
Accessory Dwelling
Home Occupation
Convenience Store
Recreational Vehicle Park
Permitted Only on Appeal and Subject to Special Conditions
Cemetery
Hospital
Community Center or Club
Public Utility
Automobile Service Station
Outdoor Sales Limited
Outdoor Sales Lot
4 ZC 17.07 Green Nurseries-August 7, 2017
Garden Center
Convalescent or Nursing Home
Clinic
Outdoor Recreation Facility
Day Care
Mortuary or Funeral Home
Dry Cleaner/ Laundry
Personal Storage
Hotel/ Motel
Kennel or Animal Hospital
Limited Manufacturing
*Any free standing single use or tenant retail building in any other business zoning district shall not
have a building footprint larger than 8,000 square feet.
Comments:
Surrounding Properties
Directly south of the subject property and across Live Oak Street, fronting Greeno Road, is the Linwood
Subdivision, platted in 1958. The Linwood Subdivision is zoned R-1 Low Density Single-Family
Residential District and consists of 10 lots, 133'x118' in size, with 5 lots fronting Greeno Road and 5 lots
fronting Maple Avenue. Of the 5 lots, fronting Greeno Road, 3 lots are vacant and 2 lots are occupied
with residential structures. Of the 5 lots, fronting Maple Avenue, 4 lots are vacant and 1 lot is occupied
with a residential structure.
South and east of the subject property is the Arbor Gates apartment community which was approved
as a PUD . Directly east of the subject property, across Greeno Road are 3 lots zoned R-1 Low Density
Single-Family Residential District. These lots are approximately 24,000 square feet each with 2 of 3 of
the lots containing single residences of 1,680 square feet, built in 1945 (520 North Greeno Road -
homesteaded) and single residences of 1,560 square feet, burlt in 1955 (546 North Greeno Road -not
homesteaded) according to the Baldwin County Revenue Commission records.
Directly north of the subject property is approximately 16 acres of undeveloped property zoned R-1
Low Density Single-Family Residential District, fronting Greeno Road, owned by Seaman Capital, LLC,
currently for sale.
Directly west of the subject property is the Deep Tree Forest 4th edition subdivision plat recorded in
1977 and Deep Tree Forest 3rd edition subdivision plat recorded in 1971. These lot sizes range from
approximately 15,000-20,000 square feet and are zoned R-1 Low Density Single Family Residential
District .
Zoning History
It appears that the subject property has been zoned single family residential since at least 1961, based
on a 1961 City of Fairhope Zoning Map.
In 2002, the Greeno Road Professional Village PUD (Dyas PUD ZC 02.01) was approved. The property is
located on the east side of Greeno Road, south of Gayfer Road extension. It was rezoned from R-1 Low
Density Single Family Residential, R-3 High Density Single Family Residential and R-4 Multi-family to
5 ZC 17.07 Green Nurseries-August 7 , 2017
Planned Unit Development (PUD). The PUD contains a series of lots fronting Greeno Road. The
permitted uses shall be business and professional offices.
In 2007, the Greeno-Gayfer Medical Park PUD (ZC 06.18) was approved. The property is located on the
west side of Greeno Road at the corner of Gayfer Avenue and Greeno Road. It was rezoned from R-1
Low Density Single Family Residential to PUD. The PUD contains 2 -2 story buildings for a combined
gross floor area of 48,900 square feet. The permitted uses are medical facilities and related uses.
In 1993, the Arbor Gates Apartments was approved as a PUD.
In 2016 , Case No. ZC 15.11 was a request of Fred Hayek to rezone property from R-1 Low Density Single
Family Residential District to PUD (Planned Unit Development) consisting of 4, 2-story buildings for
office/professional, retail, medical and food service uses. The property is located on the east side of
Greeno Road across from Hancock Road, at 848 N. Greeno Road (Parcel#: 05-46-03-08-0-003-
062.000). The ' Planning Commission recommended approval of the PUD at their November 2, 2015
meeting. The Fairhope City Council approved the PUD on May 27, 2016.
In July of 2017, the Park Place PUD requested to rezone their property from R-1 Low Density Single-
Family and R-4 Low Density Multi-family to Planned Unit Development (PUD). The property is located
on the east side of Greeno Road across from the City Recreation Center/Volanta Park. The PUD
consists of 11 buildings of 2 and 3 stories totaling 60,000 sq.ft. for office, retail, medical and residential
mixed use component . The residential mixed use will be located on the 2nd and 3rd floors and will
comprise 15,000 sq.ft. and an estimate of approximately 7 residential units (15,000 sq.ft./ 2,000 sq.ft.
estimated average of a residential unit sq.ft.) or 25% of the total building area. The Planning
Commission recommended approval of the PUD request, the case will be scheduled to be heard by the
City Council.
Non-conforming
The subject Green Nursery property is currently non-conforming and is subject to Article VII of the
Fairhope Zoning Ordinance. Essentially what non-conforming means is that the current use of the
property fails to conform to current zoning which it is in . Therefore, the subject property's use cannot
be enlarged or extended and no additional structures can be added. In this case, the subject property
is occupied with a retail nursery, landscape architect office, and miscellaneous retail. The current
zoning ofthe subject property is R-1 Low Density Single-Family Residential District, which only allows
single family homes. No commercial or retail uses are allowed. Clearly, the current use is non-
consistent with current zoning. Records indicate that subject property has been nonconforming since
at least 1960 according to historical Planning and Zoning Commission minutes.
Comprehensive Plan
The City of Fairhope Comprehensive, Development Framework, provides the following guidance for
commercial development along Greeno Road :
"Evaluate proposed development with careful consideration to the long term vitality of downtown and
the other existing and potential villages 1 ."
1 City of Fairhope Comprehensive Plan , Page 20
6 ZC 17 .07 Green Nurseries -August 7, 2017
"Define the commercial growth of Greeno Rd. with edges, thus, ensuring an appropriate ending point2 ."
The Comprehensive Plan calls for a Greeno Road Village Center at the intersection of Greeno Road and
Fairhope Avenue. The Comprehensive Plan acknowledged the long and controversial debate regarding
the commercialization of Greeno Road 3 . The Comprehensive Plan says the following: "The people of
Fairhope spoke loudly and clearly that it is the community's overwhelming desire to limit the north and
south "commercial creep", thereby creating edges to the more automobile-oriented nature of the
Greeno Road 4 . It also calls for "Edges -Greeno Road commercialization must have a clear edge--where
it stops and where it begins 5".
The current Plan clarified the location of the two existing villages on Greeno Road that affect the
subject property. The "North Village", which is the site of the Fairhope Publix shopping center, is
located north of the subject property and the "Greeno Road Village" located at intersection of Greeno
Road and Fairhope Avenue , as depicted in Figure 1. City of Fairhope Preferred Plan Concept -Excerpt.
Villages are contemplated to have between 30,000 to 180,000 sq .ft. of commercial area at each
location.
LAND use LEGEND :
□-
D
D -LJ "'""
SYMBOL LEGEND :
a= C
Figure 1. City of Fairhope Preferred Plan Concept -Excerpt
2 City of Fairhop e Comprehen si ve Plan , Page 20
3 City of Fairhope Comprehensive Plan, Page 36
4 City of Fairhope Comprehensive Plan, Page 36
5 City of Fairhope Comprehensive Plan, Page 36
7 ZC 17.07 Green Nurseries -August 7, 2017
Specific to Greeno Road/U.S. 98 corridor, the Comprehensive Plan calls to "limit the north and
south commercial creep 6" along Greeno Road and to create edges along Greeno to indicate
"where it (commercial) stops and where it begins 7". The Zoning Ordinance goes so far to
identify the Greeno Road Village Center and impose limits on the size of free standing "single
use or tenant retail building8" along Greeno Road.
Further, under the 2016 Plan, the Development Framework, provides the following objective:
"Guide commercial and high density growth to locations that can be efficiently and effectively
served with utilities and public services such as police, fire, and public works." A strategy under
this objective calls for the City to "Define the commercial growth of Greeno Rd. with edges,
thus, ensuring an appropriate ending point9". The Greeno Road Village and North Village fulfills
this goal by creating definable locations to accommodate commercial growth rather than
creating an unplanned strip commercial corridor.
The Plan contains permissible language for commercial development along Greeno Road per
the following: "Only approve commercial growth that is contiguous to existing commercial
activity, thereby eliminating leap frog commercial development10 ."
Approximately 600' separates the subject property from the Greeno-Gayfer Medical Park PUD
(ZC 06.18) on the south side of the subject property, the Arbor Gates PUD is contiguous to the
subject property on the east side. In reviewing the historical development of the Linwood
Subdivision, the age of the existing 2 homes located on Greeno Road, its apparent that single
family residences are not desirable at this location. Additionally, the Greeno Road Professional
Village PUD is located south Gayfer Road Extension .
Historically, commercial development along Greeno Road has been difficult and controversial.
Concerns have been expressed through the years about Greeno Road development jeopardizing the
viability of the downtown commercial district area . This concern has also been expressed in the City of
Fairhope Comprehensive Plan update of 2015/16 through the Development Framework statements.
Although this may have been a valid concern many years ago , downtown Fairhope today is a vibrant
shopping and entertainment experience, pedestrian and bike oriented, filled with cafes , restaurants
and shops. Downtown is the center for community activity and cultural and civic events, which
distinguishes it from other commercial/village center areas of the City. In many regards, this strategy
worked . However, the significant change in population and visitors over the years has created larger
proportionate demands for commercial goods and services in Fairhope.
Strip commercial development was also viewed as a threat to the aesthetics and viability of Greeno
Road and neighboring properties and the fear that Fairhope would lose its unique identity. This has
again been reflected in the City of Fairhope Comprehensive Plan with statements calling for clear edges
and defining the perimeters of commercial development along Greeno Road.
6 City of Fa i rhope Compreh ensive Plan , page 36
7 City of Fairhope Comprehen sive Plan , page 36
8 City of Fairhope Zoning Ordinance, Article Ill , Section C.4 ., page 22
9 City of Fairhope Comprehensive Plan , Page 20
1° Ci t y of Fairhope Compreh ensi ve Plan, Pag e 46 , Goals and Tas ks
8 ZC 17 .07 Green Nurseries-August 7, 2017
However, it should be noted that the City has adopted measures to protect against the strip
commercial development that many fear. For example, the Fairhope Zoning Ordinance, Article Ill,
Section C. 4. Free-standing Commercial Structures states the following:
a. Any freestanding single use or tenant retail building in the Greeno Road Village Center as
contemplated in the Comprehensive Plan shall not have a building footprint larger than 18,000
square feet.
b. Any free standing single use or tenant retail building in any other business zoning district shall not
have a building footprint larger than 8,000 square feet.
This section of the Zoning Ordinance creates a hierarchy of commercial uses and sizes of those uses by
establishing that the Village Center (in this area, the Greeno Road Village Center) is the dominant
commercial area allowing up to 18,000 square feet of free standing non-contiguous building footprint
and all other commercial areas are subordinate at 8,000 square feet of free standing non-contiguous
building footprint. This subordinate role of non-village district commercial uses is validated further by
dimensional and use tables of the village districts11.
In addition, Ordinance No. 1444 (Tree Ordinance) requires a front perimeter 10' landscape strip
adjacent to the right-of-way 12, at least 1 over story tree within the 30' setback per each 30 linear feet
of frontage 13 .
Although there are more enhancements that could be made regarding curbing strip development,
these measures combined have an impact and do provide safeguards against strip commercial
development.
Traffic Data
According to the Alabama Department of Transportation, the 2015 annual average daily traffic (AADT)
data for Greeno Road, very near the subject property is 23,610 trips per day on the section of Greeno
Road north of Gayfer Avenue and south of Hoyle Avenue. As a frame of reference, the AADT for the
commercial corridor in Daphne, slightly south of 1-10 is 35,920 trips14 .
Compatibility
The term "compatibility" is commonly defined as a condition in which land uses or conditions can
coexist in relative proximity to each other in a stable fashion over time such that no use or condition is
unduly negatively impacted directly or indirectly by another use or condition. In reviewing the subject
properties in terms of compatibility with the adjacent properties, several issues are evident.
The subject properties contain a gully to the rear (west side) of the property represented with a
drainage easement. This gully serves as a natural physical barrier and buffer to the residential
properties to the west. This gully is shown on the map in Figure 2. below through the topographic
changes near Lillian Circle. In addition, a 20' landscape buffer is required by the Zoning Ordinance to
11 City of Fairhope Zoning Ordinance, Article VI. Section B. table 5-2
12 Tree Ordinance No . 1044, Section 20 .5-4
13 Tree Ordinance No . 1044, Section 20.5-5
14 https ://a ldotg is.dot.state .al. us/atd/ defa u lt.aspx
9 ZC 17 .07 Green Nurseries -August 7, 2017
minimize impact between uses 15 . It is staff's opinion that the natural topographic features and the
required buffers provides necessary measures to protect against potential negative impacts. However,
this use has been in existence for many years, likely before the neighboring properties were developed
and homes constructed .
July 28, 2017
MISC
0 Parcels
Lot Lines
Figure 2.
0 County Boundary
Green Property
1:1 ,128
O 00075 0.015 003m
0.0 15 003 0.0l!lkm
The Linwood Subdivision south of the subject property is zoned residential. However, only 3 out of 10
lots have been developed since 1958, with 2 homes fronting Greeno Road built in the early 1960's.
This subdivision separates the subject property from the PUD at the intersection of Greeno Road and
Gayfer Avenue.
Commercial Creep
The Comprehensive Plan uses the term "commercial creep"16 and the need to establish clear edges of
commercial development. This is an important and valid land use planning concept that must be
addressed. However, it is clear from data on residential construction along Greeno Road , that single
family residences are not desirable or marketable.
The Comprehensive Plan does not necessarily define the boundary or limits of commercial
development along Greeno Road. However, it is staff's opinion that logical boundaries should be
15 City of Fairhope Zoning Ordinance, Ar t icle IV Section B, 2 (a}
16 City of Fairhope Compr ehen sive Plan, page 36
10 ZC 17 .07 Green Nurseries -August 7, 2017
discussed and addresse d at some point so that they can be effectively communicated to the public. In
this case, a natural boundary already exists on the east of Greeno Road , north of Dyer Road , through
the Auburn University Gulf Co ast Research and Extension Center . This area is exclusively
agriculture/open space which is not developed and not likely to be develop ed. On the west side of
Greeno Road, north of Volanta Avenue, is the City of Fairhope Volanta Park property and the "triangle
property". These t wo land use features establish a "gateway" into Fairhope and therefore naturally
limits "commercial creep" and establishes a clear edge of commercial development. Th e subject
property would not be beyond this "ga teway".
Recommendation:
Ba se d on the comments herein, staff recommend s Case: ZC 17.07 Green Nurse rie s be APPROVED.
11 ZC 17 .07 Green Nurseries -August 7, 2017
GREEN NURSERIES REZONING NARRATIVE
Green Nurseries and Landscape Design has operated without interruption in the City
of Fairhope since 1932. At the time of its formation by Robert Green, Sr., the City did not have a
zoning ordinance, and would not enact such an ordinance until 1961 1, some 29 years after the nursery
went into operation. At all times since Fairhope has operated under a zoning ordinance, Green
Nurseries has been classified as a non-conforming use under one or more residential zoning
classifications. The property is presently zoned either R-1 or R-22 .
The City's refusal to place the nursery property into a commercial zoning category
has been a long and contentious affair. Shortly after the initial zoning ordinance was adopted,
approximately 15 properties within the City were rezoned to a commercial zoning classification at
the request of the property owners. However, Green Nurseries was not offered this same opportunity,
and its efforts to achieve a commercial zoning classification have been rebuffed on each and every
occasion over the last 50 plus years when rezoning was requested by the Green family.
Beginning in 1961 and continuing through 1978, Robert Green, Sr. submitted eight
separate rezoning applications to the City, together with one application for a variance in 1963 . All
applications were denied. Meanwhi le, Fairhope officials periodically and systematically approved
rezoning requests from residential to commercial classifications along Greeno Road both north and
south of the nursery property. Some of these rezonings were approved for persons who were either
'The histmical records reviewed by the Greens and their counsel do not identify the date of
Fairhope's initial zoning ordinance. However, Robert Green , Sr. appeared before the Fairhope
Planning and Zoning Board on J anua.ry 6 , 1961 seeking advice about rezoning to a commercial
classification (Slide 5). For purposes of this narrative, it will be assumed tliat Fairhope' s first zoning
ordinance was adopted as early as 1961 .
2Cunent zoning maps show the nursery prope1ty to be zoned R-1 , but older zoning maps
depict the property as being zoned R-2.
Page 1 of 6
elected officials of the City Fairhope, or their spouses. During the intervening 56 years after the
adoption of the City's first zoning ordinance, Greeno Road has become a five-lane commercial
thoroughfare with the exception of the residential enclave between Gayfer Avenue and Highway l 04
where the nursery property is located. The last single-family residence constructed on Greeno Road
was built in the rnid-1960's in Linwood Subdivision (Slide 3). This home is located directly south
of Green Nurseries, and has been operated as a short-term rental for approximately 20 years.
Commercial uses between Gayfer Avenue and Highway 104 include Fairhope's "Big Box"
recreational complex ( which sells amenities to the public), Arbor Gates Apartments, Fairhope Trailer
Park, Auburn University Extension Center, a church and Green Nurseries.
In the October 5, 1978 edition of the Fairhope Courier (S lide 46), a developer seeking
a rezoning along Greeno Road was quoted as follows on the subject of highest and best use along
Greeno Road:
On Greeno Road, you can't sell a house for what it's
worth anymore, because no one wants to live on that
busy road. In the earlier years, the area was residential
in nature, but the highest and best use is not
residential now.
Today, 39 years after the author of the above quote opined about highest and best use along Greeno
Road, the Green property is an island of residential zoning s1mounded by a sea of commercial zoning
and land use.
Summary of Rezoning Attempts
Robert Green, Sr. was a persistent man. Between 1961 and 19 78, Mr. Green
submitted eight rezoning applications and one variance request, all of which were denied. A
Page 2 of 6
summary of these rezoning and variance requests, the date of the attempt and the corresponding slide
number of the attached Power Point presentation is as follows:
1961 Rezoning Request Slide 5
1963 Rezoning Request Slide 10
1963 Rezoning Request Slide 12
1963 Variance Request Slide 14
1964 Rezoning Request Slides 19-20
1968 Re zoning Request Slides 34-35
1973 Rezoning Request Slide 37
1975 Rezoning Request Slides 42-43
1978 Rezoning Request Slides 47-49
The Fairhope City Council denied each of the above requests despite the continued
commercialization of the Greeno Road coni.dor, and the absence of new residential construction
dU1i.ng the years in question.
Permitted Expansions of Green Nurseries
As a commercial business which predates Fairhope's first zoning ordinance by
approximately 30 years, state law permits Green Nurseries to continue with its commercial
operation, provided that the property owner does not "increase the nonconformity" which was in
effect at the time the zoning ordinance first became effective. Since that time, and with one notable
exception, Fairhope's different iterations of its zoning regulations have included a nonconforming
use prov1s10n.
Nonetheless, in true Fairhopian tradition, the City has deviated from its own
regulations and pennitted Green Nurseries, on ten separate occasions, to expand its business in direct
violation of its nonconforming use regulations. These expansions are summarized as follows:
1960 Greenhouse and Shade Structure
1975 Greenhouse (permitted after the fact)
1979 Office and Prefab storage building (building permit is s ued)
Page 3 of 6
1980 Greenhouse (building permit issued)
1982 Greenhouse (building permit issued)
1985 Office Building (building permit issued)
1989 Shade house (building permit issued)
1994 Utility Building with water, gas and elechical upgrades and
relo cations (building permit issued)
1995 Front Entrance and Wall (building permit issued)
2016 Multi-use Sh"ucture (building pem1it issued).
At all times since the 1970's (and possibly earlier), Fairhope has issued business
licenses to Green Nurseries under the "retail and general merchandise" classification. Robert Green,
Jr. and his wife Debra, who are the present owners of the nursery, have business licenses issued by
the State of Alabama dating back to the 1930's and physical business licenses back to the 1970 1s .
The net effect of these permitted expansions has been to treat Green Nurseries as if it were under a
commercial zoning classification, with the attendant right to expand the business as any commercial
enterp1ise would be pemutted to do under a B-2 classification. Nonetheless, the City Council has
refused to rezone the nursery property despite ample opportunities to do so.
The Jim Nix Threat
Throughout most of the 1980's, Greeno Road was a two-lane thoroughfare. Then-
Fairhope Mayor Jim Nix pleaded with the state of Alabama for the better part of a decade for Greeno
to be widened to four lanes. This is a curious position for the Mayor to have taken, because the City
consistently expressed its desire that the road maintain its "pastoral" setting, with all adjacent
properties to continue with their residential zoning classifications. During this period, Robert
Green, Jr. sought access to some City records, but his request was denied. Mayor Nix and Tim Kant
(who was then Public Works Director) paid a visit on Mr. Green and threatened to put him "out of
business" if he continued to seek the records which he had requested.
Page 4 of 6
The ALDOT Fiasco
The most recent squabble in the long history between Green Nurseries and the City
took place in 2007-2008 when Fairhope applied for a grant to construct a "Pedestrian Improvement
Project" for Greeno Road. What began as a seemingly simple pedestrian improvement project
morphed into a proposed median in the center of Greeno Road from Edwards A venue to Highway
104. Early designs by Volkert Engineering depicted a planted median, without a median cut,
extending the entire length of the nursery's Greeno Road frontage. If constructed, the median would
have blocked commercial access to the nursery from the northbound lane and would have required
large trucks to deliver and receive product from a different location, rather than from the nursery's
regular shipping and receiving area.
The Greens immediately submitted their concerns to the Mayor and Council. On
April 30, 2007 , the City held a "Public Involve ment Meeting" to discuss the proposed improvements .
Not to miss out on the opportunity for "public involvement", the Greens delivered written conunents
(Slide 62) to the City, which the City officials somehow "lost", and never submitted to ALDOT. On
July 14, 2008, the Greens delivered a lengthy letter (Slide 63) to the Mayor and Council outlining
their concerns with considerable detail. Mayor Kant rebuffed these concerns by s tating that "some
folks have to be sacrificed for the greater good". Why Mayor Kant felt that the Greens needed to be
"sacrificed'' is unclear, but it became obvious to the Greens that they must take their concerns
directly to ALDOT for a resolution.
Unlike Fairhope, ALDOT recognized the impact of the median project on Green
Nurseries if its northbound access were to be eliminated. D. J. Mclnnes, who was then the ALDOT
director, delivered a letter (Slide 65) to the Mayor and Council on August 25 , 2008 admonishing
Page 5 of 6
them to resolve the "impasse" with the Greens. This effort worked, and allowed the Greens to retain
their access to Greeno Road. The City was also forced to create an additional access at the nmih end
of the nursery, costing the City a minimum of $46,000.00. This resolution saved significant
municipal funds in defense of the litigation which would have certainly ensued.
Conclusion
Green Nurseries should never have been placed in a residential zoning classification.
Whatever justification may have existed in 1961 is no longer present, as the nursery property
occupies a residential enclave along US Highway 98 which is commercial in character all the way
from Spanish Fort to County Road 44. This is underscored by the fact that the last single-family
residence in the Fairhope sector of Greeno Road was built in the mid-1960's. The opinion voiced to
the City Council about highest and best use in 1978 was h1.1e then and remains even more true today.
The Green Nurseries property should be rezoned to a General Business (B-2) classification consistent
with its historical use and the commercial nature of the immediately smTmmding area.
Page 6 of 6
Page 4 of6
APPLICATION FOR ZONING DISTRICT CHANGE
7 Property Owner / Leaseholder Information ~
Name: &!~tbv . A~tJQYm 4 LJeJJM Phone Number: 9,zlf~Y4.6'1 Sf~-~41.3
Street Addres;: 415' N. &12.f,fJ,JtJ &ad
City: rl7L12JiCJP£ State: /ti.. Zip: =0i_6_j~~3~~~-----
Applicant/ Agent Information
I I
Name: Phone Number:
Street Address:
City: State: Zip:
Current Zoning of Property: ____ _._..__-_/_~------------
Proposed Zoning/Use of the Property: -~-8~,2~-----------
Property Address: j/-/,j-/y, B&6/'lt2 flvr;«: EJ9)R}IIJPE /-ti. .J'.&S:.i,2.
Parcel Number: '12fe M;~~D
Property Legal Description: ----,-~,j ~-~.~-j'_ Ao_,~-~~1~6 .... ~,=-,j-,----,--------.----
---'---'--'---"'L-.,__,_.,___,r,.=t.CL.L,'/U~~-'--'-""'a.,_i..,t/L/2. ..... _ ..... ~~4 __,t~1l-'--lrL..__C~=<.'A-"'--'IJtLI-Lt!h ..... ·'P--'w'-"-"'Lc:Z"""'-_
Property Map Attached ,...YES NO
Metes and Bounds Description Attached ..-YES NO
Names and Address of all Real Property Owners
within 300 Feet of Above Described Property Attached. ~ES NO
Ch~ter af lmKoy~ents to the Property and Approximate Construction Date: ____ _
-to ~e. ;.;e.r.t12m1/'JEI)
Zoning Fee Calculation:
I certify that I am the property owner /leaseholder of the above described property and hereby
submit this application to the City for review. *If property • owned by Fairhope Single Tax
Corp. an authorized Single Tax representative shall sign Ii ti n. • _L ,
Baat,e,+rn . MliN J htMa ~ ~
Property Owner /LeaseholdJr Printed Name • ignatu e
{, ,d}S-/7
Date Fairhope Single Tax Corp. (If Applicable)
June 14 , 2017
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LIVE OAK AVENUE
PROPOSED PROPERTY TO BE RE-ZONED
LEGAL DESCRIPTION :
BEGINNING AT THE NOR T HWEST CORNER OF LOT I OF BLOCK 24, OF
GRE EN SUBDIVISION AS RECORDED IN DEED BOOK Y PAGE 740 I N JU DG E
OF PROBATES OFFICE. BALDWIN COUNTY. ALABAMA, THENCE RUN SOUTH
ALONG THE WEST LINE OF SAJD BLOCK 24 A DISTANCE OF 230.B FEET TO A
POINT ON THE NORTHEASTERLY LINE OF A DRAINAGE EASEMENT, THENCE
RUN SOUTH 30 DEGREES 00 MINUTES ALONG SAID NORTHEASTERLY LINE
A DISTANCE OF 287.7 F EET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE
OF LIVE OAK AVEN U E: THENCE RUN EAST , ALONG SAID NORTH RIGHT-O F-WAY
LINE A DISTANCE OF 71 FEET, MORE OR LESS TO A POINT; THENC E RUN NORTH
4 5 DEGREES 00 MINUTES EAST , A DISTANCE OF 35 FEET, MORE OR LESS TO THE
WEST R IG HT-OF-WA Y L INE OF GR EENO ROAD; THENCE RUN NORTH. ALONG
SAID WEST RIGHT-OF-WAY LI NE, A DISTANCE OF 550 FEET. MORE OR LESS TO
A POINT ; THENCE RUN NORTH 45 DEGREES 00 MINUTES WES T, A DISTANCE OF
35 FE ET . MORE OR LESS TO A POI NT LYING ON THE SOUTH RIGHT-FOWA Y LINE
OF HOYLE AVENUE; THENCE RUN WEST, ALONG SAID SOUTH R1GHT-OF-WAY
LI NE A DIST AN CE OF 215 FEET. MORE OR LESS TO T HE POI NT OF BEGINNING.
SAID PARCEL CONTAINS 2 .B79 9, MORE OR LESS ACRES.
SOT VALID WI THOUT .UJ \I BOSSE:0 SF.AL O!t OR IOI NAL SICNATURE ALL COPIES .urn f'AXES AR!! tNVAl.lD AND AY NOT BB usr.o FOR
MOORE SURVEYING, INC .
PROFESSIONAL LA ND SURVEYING
555 NORTH SECTION STREET,
fAIRHOPE. ALABAMA 36532
PHONE (251) 928 -6777
Email mooresurv~,rlniz:@b~U!ioulb .n~l
. --· . M.~-.El0)3 GREE~
60' R-o -w Pcv•d Strut
!\\l JUN 2 7 2011 J
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SCALE: l" ~ 100'
DATE 6/2)/2017
(lO..D 1fORK
DA.tr.
DRAW!< BY SWM
JOB NO . 2017 511
REVIS IO NS
2.G (7 .07
Project Name:
20040 St. Hwy. 181
Project Type:
Re-zoning to B-4
Jurisdiction:
City of Fairhope Corporate
Limits
Zoning District:
R-2
PPIN Number:
77292
General Location:
Located on the northeast
corner of the intersection of
State Highway 181 and
Windmill Road , at 20040 St.
Hwy. 181 .
Engineer:
None
Owner:
Todd Boothe and Matt Byrne
School District:
Fairhope School District
Recommendation:
Favorable recommendation
1
City of Fairhope
Planning Commission
August 7, 2017
Case: ZC 17.08 20040 State Highway 181
I------'-------.; ,-L---'---"'-'-'----'-------;
Legend
CI TY OF FAIRHOPE ZONING
Zonin g
~ TR Tourisl Resort
Ill R-A Reulen1.1 J1 Agna,11ure Distna
R-1 LowOensfy Si'lgle-FamJy
f lilIJ1 Rl (O)
LJ Rl (b )
Rl (C)
R-2 Meaum Oe nsityS1r1 gle-fAmil'/
1111 R-3 High Oensty Sln9t.e-F amiy
R-3 PGH P111o/Garden Sin gle Famiy
[=:J R-3 TH To\•.onoust Sin gle f am11y
... A • .:. L0wDenuy Mu l +.fam1!-j
R-5 Hign OenstyO,•,dn g Rcs!Clent1o1 1
R-6 r.lobt e Home Part; Dcstna
.. 8-1 LocalSl\opp1ng Daina
B·2 Gener at Business O,stna
.. B-311 TourhtRuort lodg,ngDis tna
1111 8-'.!b Toullst Ruort Commeroal Ser,,ce Dzstri a
1111 e • .: eu srness and Proies-S10na1 O ,strict
Ill /,\.\ L1ghl lndustn11I0 1stnc.1
1111 P-1 Paitng
PUO Pla nned Un4 Development
I /ID
ZC 17.08 20040 St . Hwy. 181-August 3, 2017
Summary of Request:
Publi c hearing to consider the reque st of Sweetwater Investments, LLC to rezone property from R-2
Medium Density Family Residential District to B-4 Business and Profe ss ional Distr i ct . The property is
located at the northea st corner of t he intersection of State Highway 181 and W i ndmill Road, at 20040
St. Hwy. 181.
Comments:
The subject property is approximately 1.31 acres in size . The subject property i s zoned R-2 (Medium
Density Single-Family Res i dential.
R-2 Medium Density Single-Family Residential District: This district is intended as a medium density
single family urban residential district, with Jots of moderate size .
Article Ill. C. Dimension Standard s
D imension Iin. Lot Area/ Min. Lot Setbacks lax. ioial lot Max.
Di strict or Allowed nits Per \ idth Front Rear Side treet coverage by height
principle use Acre (UPA) side structure
R-2 I 0,500 s.f./ -75 ' 35' 35 ' IO ' b 20 ' 37% 30' a
The requested zoning for the subject property is B-4. 8-4 Business and Professional District:
This district is intended to provide opportunity for business establishments of a professional
nature and is restricted to offices and businesses, which provide specific corporate functions or
professional services to the general public.
Article Ill. C. Dimensional Standards
Dimension •Un. Lot Area/ tin . Lot Setbacks lax. total lot l ax.
District or Allowed nits Per Width Front Rear Side treet co craae by height
principle use Acre (UPA) ide structure
B-4 None/ -none 20 ' 20 ' 10' 30' I
Article IX Definitions and Interpretation 8. Defined Uses:
Office Use Category
The Office Use Category consists of the use of buildings for administrating the business of
professional firms, organizations, or government, whose products or services are of the
nature that generally do not involve the frequent and intensive interactions with clients,
customers, or patrons on the premises, and where delivery of the product does not
necessarily need to occur on the premises.
2
a. General -any building used for the administrative affairs of a firm, organization or
government.
b . Professional -a building occupied by a profession and offering professional services to
clients, customers, or patrons which may involve occasional on-site contact with
clients, customers or patrons. Examples include architect, accountant, real estate,
engineer, lawyer, or other similar professions.
ZC 17 .08 20040 St. Hwy . 181-August 3, 2017
c . Home Occupation -an operation for gain or support conducted only by members of a
family residing on the premises limited in its use and not in a manner detrimental to
the character of the surrounding neighborhood.
The allowable uses in the B-4 Business and Profe ssional Dis trict :
Zoning District
Uses Categories / ,;t
Specific Uses cri
Dwelling
Single-family •
Two -family
Tmvnhouse □
Patio Home
Multiple-family / Apartment
Manufactured Home
Mixed-use •
Accessory Dwelling □
Estate
Civic
Elementary School •
Secondary School •
Education Facility •
Library •
Place of Worship
Cemetery
Hospital 0
Public Open Space •
Common Open Space •
Community Center or Club
Public Utility (??)
Office
General •
Professional •
Rome Occupation □
Retail
Grocery
Convenience Store
General Merchandise
Shopping Center
Automobile Service Station
Outdoor Sales Limited
Outdoor Sales Lot
Garden Center
· Service
Convalescent or Nursing Home 0
Clinic
Outdoor Recreation Facility 0
D ay Care 0
3 ZC 17 .08 20040 St. Hwy. 181 -August 3, 20 17
General Personal Services
Mortuary or Funeral Home 0
Automobil e Repair
Indoor Recreation
Dry Cleaner I Laundry
Personal Storage □
Bed & Breakfast
Hote l I Motel
Boarding House or Donnitory •
Re creational Vehicle Park
Re staurant
B ar
Entertainment Venue
Marina
Kennel or Animal Hospital
Warehouse
Junk Yard or Salvage Yard
Manu facturing
Limited 0
Light
The surrounding properties are zoned as follows:
• North: R-2,
• South: Unzoned,
• East-R-2, West: R-2
Other zoning designations within the immediate vicinity include: R-A (Residential/Agricultural District),
PUD (office use), and R-1 (Low Density Single-Family Residential District).
Site Photos:
View of the subject property from the southeast (Highway 27 Grill Parking area)
4 ZC 17.08 20040 St. Hwy . 181-August 3, 2017
5
View of the Subject Property from the northwest.
View of the Subject Property from the southwest corner of the intersection (PUD Parcel)
ZC 17.08 20040 St. Hwy. 181-August 3, 2017
Current businesses in the area: The businesses in the general area include a restaurant (Hwy 27 Grill)
and some Law and Business offices on the southwest corner of the intersection and surrounding
residential properties R-1, R-2 and R-A.
Zoning History: Just south of Wal-Mart, a parcel was re-zoned to B-4 on February 23, 2014, for
the purposes of a dental office, Advanced Dental Office. The site plan was approved in August
2015.
The property on the southwest corner of Windmill Road was rezoned PUD (Moorehaven PUD)
in 2003. The PUD was initially addressed as an informal review and received positive feedback
from Planning Commi ss ion . According to the minutes from Planning Commission meeting
regarding this development, multi-family and only B-4 uses will be allowed. The PUD approved
included a gravel parking lot, two offices on front and 7 duplex units in the rear. The two office
buildings were required to have a 2-sided front so the back of the building did not face
Windmill Road . The building height was limited to a maximum building height of 30 feet
measured as defined in the Zoning Ordinance. The Lot coverage was limited as follows: Lot 1
impervious area to be 13.2%. Lot 2 impervious area to be 13.1%. Duplex lot impervious area to
be 17.8%. The application passed unanimously through Planning Commission on September 2,
2003 and through City Council on Monday October 13, 2003.
Another PUD, Ellington Place was located at Parker Court, near Elanor Dri ve. This PUD was
approved in August 2003. It is a residential PUD with reduced setbacks and a higher building
footprint than typically allowed in an R-2 residential zone. Discussion In the staff cover letter
states that the "Density allowed at this location may not be a bad buffer from the impacts of
27, if it develops residentially or commercially." The original PUD (approved on September 22,
2003) was proposed with storm water injection wells. ADEM would not approve this method of
handling storm water so the applicant came back before Planning and Zoning in 2004 for a PUD
amendment change to alter the layout of the subdivision to reduce the number of lots, and to
move the storm water pond to the common area. The PUD amendment was passed through
Planning Commission on October 11, 2004.
Fairhope Comprehensive Plan Guidance: The subject property is located between the Fairhope
Avenue/Hwy 181 Village Node and the commercial node at Twin Beech Road and Hwy 181. The
property is located approximately one-quarter of the way between Wal mart (Hwy 181 Village Node)
and the commercial node at the intersection of Twin Beech Road and Highway 181. Highway 181 is a
well-traveled main thorough fare. There are currently commercial activities on two of the existing
street corners with the remaining two residents up for sale at the other corners. The Implementation
Matrix on page 48 of the Comprehensive plan supports approval of commercial growth that is
contiguous to existing commercial activity, thereby eliminating leap frog commercial development .
The subject property is being proposed as B-4 zoning which is contiguous to an existing unzoned
commercial (Hwy. 27 Grill restaurant) parcel, which would not prese nt any leap frog commercial
development. Therefore, the application is consistent with the Comprehensive Plan in that it is a
reduced level of contiguous commercial zoning between two nodes and compatible surrounding
businesses.
Recommendation:
Upon the Planning Commission finding that this application is not commercial creep and leap frog
development, staff would offer a favorable recommendation.
6 ZC 17 .08 20040 St. Hwy. 181-August 3, 2017
Page 4 of 6
APPLICATION FOR ZONING DISTRICT CHANGE
Propert~er / Leaseholder Information
Name: ~\Aff:1~f\J£& ltd'E S, LLC Phone Number: ~I-s<n --~ I
Street Address: 20iSb C<Mffij IZD \!), S\A 1ft DI fNRJ\,a>ti J ~ 3\.o5Jl
City: ___________ State: ___ Zip:
Applicant / Agent Information
If different from above .
Notarized letter from property owner is required if an agenl is used for representation .
Name: G,,\A \NN M\~,o~ Phone Number: JJ:;1-317 -5011
Street Address: \l [! Bl6H~kj ~ \,, Sf:A\'JIS-tt fc,tJ/ A.L 3(os2]
City: __________ State: ___ Zip:
Current Zoning of Property: ~rs;~-~d-.>---~-~~~~~--------
Proposed Zoning/Use of the Property: ~B--j~/_Or~f~IC~e_S_l'-,--,'A(f;-~~-----
Property Address: 20010 blAT'5 \-\IGli~PJ ISJ ,' rA\~1 tlCft , ft.L ~loS~2-
Parcel Number: 1~·-(¼,-\j--O-000-OOL~)
Property Legal Description: -:'&":'""'-_._....---'c-~'--"'-+<~--'--'-'-'-;----'-----=c----.---,-----,,.---cc,r--:-::---;---c-;----,--,------
Reason for Zoning 0
N 0
Property Map Attached
Metes and Bounds Description Attached
Names and Address of all Real Property Owners
within 300 Feet of Above Described Property Attached .
Zoning Fee Calculation:
Reference : Ordinance 1269
NO
NO
NO
I certify that I am the property owner /leaseholder of the above described property and hereby
submit this application to the City for review. *If property is owned b y Fairhope Single Tax
Corp . an authorized Single Tax representative shall sign • pp ·c •
~Jd ~aof{ t_,
Property Owner/ Lease holder Printed Name
Date
NUMBER!
I
I
___ J
REVISION: DAT<;
C.R.f, C.R.F".
589"50'01"E 2 19.52'(ACT.)
-,--------N_e_g_·s_o·oo··E 21~-------. O.T.1.F. C.R.F.
rENC~ ~NRJ HOG W!R( fE'NCE ~-5.06'
, ;~:i~ ,~ l~-
l\._,rn c, CNR ~j .75'(W)
8 1 i I
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-,,;,,;,7S::-;---,-,-.,,-,,.-,-,~-J "'
-~~~•i·_:~\:AS~:·_•H_•_<r~: ,-_::r-~~~'~•;~: ~r '-..;~\·. j :-r'
LOT 3
1,31 ACRES ±
TAX PARC EL I
05-46-06-14-0-000-00l.5.53
SWEETWATER INVESTMC:NTS, LLC
LOT ◄
GRAPHIC SC ALE
( 1H FEET )
I inch • 40 tL
LEGEND
e C.R.f" . CAPPED REBAR FOUND
• R.8 .F. REBAR FOUND
■C.M ,F. CONCRETE MONUMENT FOUND
.o.T.I.F. OPEN TOP IRON FOUND
Oc.R.S. CAPPED REBAR SET
@ AIR CONDITIONER
GENERAL SURVEYORS NOTES:
-0-
-t,i·
[11
WV
I><!
[!El
POWER POLE
LIGHT POLE
ELECTRIC METER BOX
WATER VALVE
TELEPHONE PEDESTAL
1. SOURCES OF INFORMATION USED TO FACILITATE THIS SURVEY WERE PREVIOUS SURVEYS BY
THIS FIRM. SURVEYS BY OTHER FIRMS AND INFORMATION FURNISHED BY CLIENT. NO TITLE
SEARCH, TITLE OPINION OR ABSTRACT WAS PERFORMED BY THIS FIRM. THERE MAY BE DEEDS
OF RECORD , UNRECORDED DEEDS, EASEMENTS, RIGHT-OF-WAYS, OR OTHER INSTRUMENTS OF
RECORD WHICH COULD AFFECT THE BOUNDARIES OF THIS PROPERTY THAT WERE NOT
FURNISHED AT TIME OF SURVEY.
2, ALL BEARINGS ARE BASED ON GRID NORTH AS DETERMINED BY RTK GPS AND REFERENCED
TO NAD83, AlABAMA WEST STAT E PLANE COORDINATES.
3 . FIELD WORK FOR THIS SURVEY WAS PERFOR MED JUNE, 2017.
4.PROPERTY IS CURRENTLY ZONED R-2 (MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL)
RECORD DESCRIPTION:
LOT 3, OLSEN ACRES SUBD IVISION IN SOUTHWEST QUARTER OF SOUTHWEST
QUARTER, SECTION 14, T6S . R2E, RECORDED IN PROBATE RECORDS, BALDWIN
COUNTY, ALABAMA IN MAP BOOK 11, PAGE 196,
I
IN
PR ,c TI.r;i,:-Rc;R--toilll
KN
,---------------------------------
awgrNgT~i.§
...--. ENG INEERING-SURI/EYtNG • CONSTRUCTION ~AGEM ENT
111UDld11---tl1 S,,.-,F~AL ~1
111"-•II-Folor.Al.:w=a
BOUNDARY SURVEY w lfil (:' l: A 'f_"!J ~ I
JUNE 22, 2017
LOT 3, OLSEN ACRES SUBDIVI SLb tiJ u~ 7 2017 J't-oRA-.,.-.v-, __ Q_M __ -t
i----------4
SCA!£,
CHECKED BY: EG
SWEETWATER INVESTMENTS,~~~;·-SHErn
Emily Boyett
From:
Sent:
To:
Subject:
mjwesley <mjwesley@bellsouth.net>
Monday, July 31, 2017 1:45 PM
Emily Boyett
Case# ZC 17.8
Emily, I am responding to rezoning of property located at 20040 State Hy . 181 . I have been a residence at my locat ion (
10103 Windwill Rd .) for the past 30 years . I watched as Walmart invaded the intersection of Hy 181 and Fairhope Ave .
After me reviewing the layout of Walmart I didn't have a problem with there location of the store and parking lot, due to the
fact that they had a green space and withholding pond to distance them from me and other properties , unlike the property
in question . My property is adjacent to the property that is applying for the rezoning , I can see there is not enough room
for any type of buffer between my property the subject property. Especially , if the proposed 4 lane reaches us, I know that
the setback will be yet closer to the property line. I purchased this property years ago w ith residents all around me , and
prefer what we have now I sure would like to keep . Hopefully the other adjacent properties will agree with my
thoughts . And the answer for the rezoning of 20040 St. Hy 181 is, I oppose the rezoning request. Thankyou
Sincerely : Michael Wesley
1
10103 Windmill Rd.
P.O . Box 23 , Fairhope
251-928-2437
Emily Boyett
From:
Sent:
To:
Cc:
Subject:
> Emily,
>
Trina Svendsen <tksyellowrose@gma il.com >
Monday, July 31 , 2017 3:04 PM
Emily Boyett
Rick Svendsen
Case : ZC 17.08
> We received a letter from the city of Fairhope regarding rezoning of property near my residence. We purchased our
home and property in June 2016 . We chose th is property because of its location and privacy. It is very difficult to find a
piece of property within the city of Fairhope with privacy and a small amount of acreage . We finally found the perfect
place and have loved living here. We like a peaceful neighborhood that we can walk our dogs, stroll with our
grandchildren, and be surrounded by other families that also care about their neighborhood. That being said, we would
be very saddened for surrounding residences to be rezoned and turned into businesses. This would encroach on our
privacy as we are very close to the residence in question . This would also be another hindrance to traffic on Hwy 181 .
At times, it can be very difficult getting out of my driveway and turning onto Hwy 181.
>
> My husband and I are opposed to the re zoning of the neighboring property at 20041 State Hwy 181.
>
> Thank you for hearing our concerns .
>
> Rick & Trina Svendsen
> 20118 State Hwy 181
> Fairhope AL 36532
> 352-817-8927
>
>
1
Project Name:
Van Antwerp Park Replat
Project Type:
Re-Plat
Jurisdiction:
Fairhope Corporate Limits
Zoning District:
R-2 Medium Density Single
Family Residential District
PPIN Number:
18772
General Location:
N. Mobile Street and Pensacola
Avenue
Engineer:
S.E . Civil Engineering, LLC
Owner:
Van Antwerp Park, LLC
School District:
Fairhope Elementary School
Fairhope Middle School
Fairhope High School
Recommendation:
1. Decline to accept due to
moratorium;
2. Denial
1
City of Fairhope
Planning Commission
August 7, 2017
Case: SD 17.19 Van Antwerp Park Replat
SD 17.19 Van Antwerp Park Replat-August 7, 2017
Note: The project(s) which comprises SD 17 .16, SD 17.17, and SD 17.19, is subject to the moratorium
enacted by Ordinance No . 1588 and extended by Ordinance No. 1597. Although replats and minor
subdivisions are exceptions to the moratorium, on the advice of the Commission 's counsel and the City
Attorney, the stacking of the exceptions, one rep lat and two minor subdivisions, vio lates the intent of
the moratorium. Accordingly, it is recommended that the Commission decline to accept or consider
this application.
Summary of Request:
Public hearin g to consider the reque st of S.E. Civil Engineering, LLC for approval of a re -plat of lands
proposed to be re-subdivided into Van Antwerp Park North and Van Antwerp Park South (Van Antwerp
Park).
Comments:
Staff is in receipt of Case numbers SD 17.16 and SD 17.17 related to minor subdivision applications for
Van Antwerp Park North and Van Antwerp Park South, respectively, dated June 26, 2017. Staff
submitted review letters to S.E. Civil Engineering, LLC/Van Antwerp LLC regarding case numbers
SD17.16 and SD17.17 on July 6, 2017. S.E. Civil Engineering, LLC/Van Antwerp LLC (applicant) provided
a review letter response package dated July 17, 2017.
Staff's review of SD17.16 and SD17.17 identified characteristics of each application inconsistent with
the requirements of a minor subdi v ision , such as number of lots and the requirement for lots to front a
paved, publicly maintained street. The applicant's re sponse to staff's review letters further illuminated
a proposed rep lat of what the applicant contends are two existing lots comprising Van Antwerp Park ,
identified as Parcel A and B. The proposed replat is included as a supporting document to case
numbers SD17.16 and SD17.17.
Additionally, City of Fairhope Subdivision Regulations Article II provides the following definition
of a Re plat:
• A subdivision that results in the creation of no additional lots, requires no new streets,
right-of-way, or utility mains, and where all lots conform to all applicable ordinances
and regulations; i.e. lot line adju stment.
City of Fa irhope Subdivision Regulations Article IV, Section E.2. states the following:
• Replat -Lot line adjustments may be approved administratively by a Repl at approved by
the Planning Director and/or his/her authorized agent without review by the Planning
Commission, provided that no new lots are thereby created and that no lot is redu ced
below the minimum size otherwise required by the provisions herein or by provisions of
the Zoning Ordinance. A replat shall require the submission of a sketch plat as specified
in Article IV, Section B., except that the location and dimension of lot lines, and existing
facilitie s shall be exact .
Staff and counsel have researched the history of the subject property and have concluded that
for subdivision purposes the property conveyed to Van Antwerp Park LLC constitutes one lot -
Block 18 ofVolanta Subdivision. Block 18 ha s never been subdivided as assumed by the
2 SD 17.19 Van Antwerp Park Replat-August 7, 2017
applicant. The property was conveyed to the applicant and its grantor by three metes and
bounds descriptions describing Parcel A, Parcel B, and the relocated Tensaw Avenue right-of-
way, but such conveyancing does not legally create a subdivision. Thus, the requested replat of
Block 18 into two lots, which would comprise the proposed Van Antwerp Park North and Van
Antwerp Park South, creates an additional lot and does not qualify as a replat.
Additionally, even assuming the property is comprised of two lots, the requested rep lat is not a
"lot line adjustment." To qualify as a replat such adjustments should be minor in nature, as
further supported by the fact that replats may be approved administratively by the Planning
Director without action by the Planning Commission. The proposed rep lat is not a mere lot line
adjustment, but rather a substantial reconfiguration of the property. The replatted lot lines are
nearly perpendicular to the assumed existing parcel lines; Parcel Bis enlarged by approximately
one acre; Parcel B, which had no little or no frontage on Pensacola Ave. would have
approximately 700 feet of frontage on Pensacola Ave. while Parcel A loses that frontage; and
the re plat places within each of the resulting two lots a portion of the relocated Tensaw Ave.
ROW which is not within either Parcel A or Parcel B in the subject replat.
Lastly, it is questionable whether the replat procedure, or statutory definition of subdivision in
general, authorizes a subdivision of land for the purpose of serial or concurrent resubdivision .
Ala. Code§ 11-52-1 defines subdivision as a "division of a lot, tract, or parcel of land into two or
more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future,
of sale, of lease, or of building development." The term includes resubdivision and, when
appropriate to the context, relates to the process of subdividing or the land or territory
subdivided." To allow concurrent or serial replats and/or minor resubdivisions would lead to
piecemeal development and regulation thereof. However, Staff and counsel do point out that
the subdivision regulations do not expressly prohibit or authorize concurrent or serial
subdivision applications for the same land and thus a decision on this point requires some
interpretation as to the intent of the regulations.
As stated above, lot line adjustments may be approved administratively by the Plann i ng
Director or his authorized agent. The Director has declined to approve the proposed Rep la t.
Upon advisement to staff by legal counsel, the request for replat included herein should now be
considered by the Planning Commission.
Recommendation:
Staff recommends DENIAL of the request for rep lat of subject property because the proposed rep lat
does not qualify as a replat for the reasons stated above.
3 SD 17.19 Van Antwerp Park Replat-August 7, 2017
CERTIFlCATION OF SURVEYOR & DESCRIPT ION OF PROPERTY
EALOWlt~ COUNTY
Ai.ASAMA
PARCEL "A"
BEG INNING A.T INTERSECllON OFTiiE SOUTH\NESTERN MARGIN OF RAILROAD AVENUE ANO T'HE
SOt.lTHtASTE:::RN ,-1ARGIN OF 1,l091L£ AV&,IU~. SAID POlNT POINT MARKED BY A CRIMP TOP IRON PIPE AND
ALSO 6E)NG THE tmRTHERN ,.toST CORNER OF BLOCK 18, VOLANT A, AS RECORDED ltJ M!SCELLA.N!=ous BOOK
1, PAGE.341 IH'THE OFFICE OFTI-!E JUOGE OF PROSA'TE, SALO\'\'lNCOUNTY, Al.AaA,MA; THENCE SOUTH 70"10'05"
EAST A DISTANCE OF 23£.40 FEET Ai.ONGTHESDUIBWESTERN MARGIN OF RAILROAD AVENUE TO A POINT
MARKED BY AN Or'EN TOP IA:ON PIPE; TH&JCE SOUTH 2~·ss•,15· EAST A OI STAJ',ICE OF 516.32 FEET ALONG ~AJD
SOUTHV-IEST""cRN MARGIN TO THE NORTHWESTERN MARGIN OF TI-IE RELOCATED TENSAW AVENUE, SAID POINT
MARKED av ACRll.!P TO P IRON Pl?E : THENCE SOUTH 20 '09'1 2' WEST A DISTANCE OF i:37 .96 FEET ALONG SAID
NORTHW"ESTERN MARG IN TO IBE NORTHEASrtRtl r,1.A.RGIN □F f'ENSACOI.A STREET, SAJO POINT MARKEO SY A
CAPPED IRON ROD (REBAR); THE/I/CE NORTH 2-1 •45·4.1· 1//'EST A DISTANCE OF 85C.6B. FEET ALONG SAI D
NORTHEASTERN MARGIN OF P=NS~COlA STREEi TO THE AFOREMENTIONED SOUTI-tEASTERN MAAG IN OF
MOBIL..!; AVENU~. SAID PO IN T MARK50 6Y AN ANGLE IRON: THENCE NORTH 19•:iirnr EA5T A OISTAUCE OF
'399 .97 FE=T Al.ONG SAID SO\.ITHEASTERN t.lARGII~ OF MOBILE AI/ENUE TO THE POINT OF BEGINrllNG. PARCEL
CONTAINS :!SJ.!53 SOUAAE FEIT (8.15 ACRES), MORE OR LESS.
PARCB.. •5•
CO MMENClt-lG AT INTERSECTION OF THE NORTHEASTERH MARGIN OF PENSA COLA STREET AND Tt!E
SO\.ITH~STERN MARGIN OF n-tE RELOCATED TEtlSAWAIJ!:NUE. SAID POINT POINT MARKED BY A CAPPED 11~0 1~
ROD (RESARJ AND ALSO BEJNG TrlE WEST MOST CORNER OF BLOCK 23, VOL.ANT-', AS RECORO,W IN
MISCELLANEOUS BOOK 1, PAGE 3.: 1 IN THE OFFICE OF THE JUDGE OF PR OBATE , BALDWIN COUNT(, ALABAMA:
TI-IENCE NORTH 20'09"12" EAST A DISTA.NCE OF 67 .80 FEET Al()t,IG THE SOlfTHEASTERN MARGIN OF THE
RELO CATED TENSAWAVENUE TO THE PO INT OF BEGINtllNG, SAID POINT MARKED SY A CAPPED IRON ROD
lfiEBM); THENCE CONTINUE ALONG THE SOUTHEASTERN MARGIN OF THE FLELOCATEO TENSAW AVENU E,
NORTH 20'09'J2" EAST A DISTAJ,lCE OF 570,50 FEET TO THE INTERSECTIOtl WTTH THE SDUTH\NESTERN MARGIN
OF R.~ILROAO AVENUE. SAtD POINT W\RKED av ACAIMP TOP IRON PIPE; THENCE SOUTH 24 •55•45• EAST I'.
DISTANCE OFJU,81 FEET ALONG THE SGLITHWESTERN MARGIN OF RAllROAD AVENUE TO n --lE
NORTHWESTERN MARG IN OF SECTION STA.EE T. SAID POINT MARKED BY A CRIMP TOP IRON PIP!:; mENCE
SOUTH l7'56'Tf W-c.ST A DISTANCE OF 50..;!9 FEET ALONG S,\10 NORlHWESTERN MARGIN OF SECTION STREET
TO A PO I.Ill MARKED BY A CAPPED IRON ROD lRE9ARt, THENCE DEPART SA.ID NORTttVIESTERN MARGIN, NORTH
72"38'◄i-WEST A DISTANCE OF 64.90 FE!:TTO A POINT MARKED BY A CAPPED IRON ROD {RESAR);IHCNCE
SOUTH 17"52.'16" WEsT A-DISTANCE OF El.ill FEET TO A POINT MARKED BY A CAPPED IRON ROD [REBAR):
THENCE SOUTH n'41'10" EAST A DISTANCE OF 40.!!l FEETlO TI-IE SOUTHERN MARGIN OF THE \IACATEO
TENSA\"/ AVENUE, SAID POINT /.IARKED B'I' A CAP PED IRON ROD (RESAR); THENCE SOUTH 65'52'12" WEST A
O]STANCE OF 257.Sci FEET ALOtlG 11"fE: SOUTHERN MARGIN OF TiiE VAC,\TED TENSAW AVENUE TO A POlr-fl
MARKED BY A CAPPED IRON ROD (RE3ARj:THENCE DEPART SAID VACATED TENSAW AVENUE NORTH 71"21'23"
WE:ST AOI STANCE OF 71.H FEET TO TH E ~OINT OF BEGINWNG. PARCEL CONT A.IMS ~-1912 SQUARE FE.ET {'2.18
ACRES). MORE OR LESS.
VACATED TENSAWAV~UE
COMMENCING AT INTERSECTION OF THE SOUTH\,'VE5TE.RN MARGIN OF RAILROAD AVENUE AMO THE
SOUTHEASTERN MARGlf~ OF t.lOB IL..E AVENUE. SAID POI ITT POL'IT MARKED ev A. CfUJ.lf' TOP IRON Plf'E AND
Al.SO SE.ING THE NORTHERN MOST CORNER OF BLOCK ~8, VOLAN'TA, AS RECOROEO IN MISCEU.ANEOUS BOOK
1, PAGE 3-l t IN THE OFFIC E OF THE JU□GE OF PROBATE BALDWIN COUNTY, Al.ABA.\.IA; THENCE SOUTH 70" 10'05'"
EAST A DISTANCE Of 236,40 FEET ALONG THE SOUTHWESTERN 1.'AAGIN OF RAILROAD AVENUE TO A POINT
/.1,\RKEO BY~ OPEN TOP IR ON PIPE; THENCE SOUTH 24'=5'45" EAS T A DISTANCE OF 516,32 FEET ALONG SAID
SOUTii\\1ESTERN MARGIN OF RAil.ROM) AVENUE TO n-fE NORTHWESTERN MARGIN OF THE RE..OCAlc:D
TENSr\W AVEN UE. SAID POINT MARKED BY A CRIMP TOP IRON PIPE ANO AL~O BEING TI-IE POINT OF BEGINNING;
THENC E CONTINUE SOUTli z4•55·45• eAST A CISTI\NCE.OFIJ.3.24 FEET ALONG SAID SOI.JTHWESTERtl f.lARG1N OF
RAILROAD AVENUE TO THE SOUTHEJ.STERN MARGIN OF TrlE RE1.0CA TED TENSA\V ... VENUE. SAio POll','l"
t.lARKED BY A CRl).IP TO? IRON PIPE.; THENCE SOU'TH ~D'0!:'12"' WEST A DISTANCE OF 638_'.11 FE£T ALONGSAJO
SOIJrrlEASTEN MARGIN OF THE RELOCATED mtSAWAVENUE TO THO:: NORTlsEASiERN UARGIN OF
PENSACOLA STREcl, SAi□ PO INT l.tARKE:D BY A CAPPED IRON ROD (REBAR): Tr!ENCE NORTI-i :z.:•46'44 " WEST A
OIST:ANC~ OF 93.49 FEET ALONG SAJD NOR.TH£ASTERN h.tAA,G!N OF PENSACOLA STRE...."'T TO TliE
NORtHWESiERN MARGIN OF THE RELOCA rc.0 rei"sAw AVEHUE. SA.10 POINT MARKED BY A CAPPED IRON ROD
(REBARJ ;TrlENCE NORTI-120"01:1'12" EAST A OISTAHC-E OF 6,37 .96 FEET ALONG SAID NORl'H\NE.STERN MARGIN OF
THE R=l..OCATEOTENSAW AVEHUE TO l11E POINT OF'BEGINNlflG . PARCEi. CONTA INS 42135 SQUARE FEET (0.97
ACRES), MORE OR LESS.
I HEHESY CERTIFY TiiAT ALL PARTS OF rn1s SURVEY MJO ORA WING HAVE BEEN COMPLETED IN ACCORDANC E
WITH THE CURRENT ~!:OUIREMENTS OFTI-l:: STANDARDS OF PRACTlCC: FOR SURVEYING IN Tl1E. STATE OF
AL-\BAt,IA TO iliE BEST OF MY KNOWLEDGE. INFC"1.'IATION, AND BELIEF.
DANIEL 0 , a..ARJ(
AlABAJ.V1 LICENSE:; m20
Van Antwerp Park Subdivision
A Re-Plat of Parcels A & B
August 2017
CERTIFICATE OF APPROVAL BY THE
FAIRHOPE PLANNING AND ZONI NG DIRECTOR
THE UNDERSIGNED. AS AUTHORl:ZED EY THE CITY OF FALcu-tO PE Pl.J.NNJNG OJ RECTOR,
HERE9Y APPROVES THE WITHlt~ RE,.PLAT FOR TrlE RECORDING OF SAME IN THE PROBATE
OFFICE, BALDWI N COUNTY , Ai.ASM'A
iHIS THE, DAY OF 2017.
AUTHORIZED SIGNATURE.-
CERTIFICATION OF ENGINEER
STATE OF ALA8AI.-I.A,
COUNn' OF BALDWIN
I. THE UNOERSIGtlED, A REGISTERED ENGlNEEJi fN THE 'STA.TE OF ,1.LA.SAMA, HOLDING
CERTIFlCATE NUMBER'26l-le, HEl'tESV CERTIFY THAT I kAVE-OESIG~!!O THE. WITHIN
IMPROVEMENTS IN CONFORt.lrTY WITH APPLICABLE CODES ANO LAWS AND wrrr1 TliE
PRINCIPALS OF GODO ENGtN!:ER lNG PRACTICE. I FURTHE;l CERTIFY THAT I HAVE OBSER,.,ED
TiiECONS"TRUCTIQN OF TI-!EWTTHiN IMPROVEMENTS. Tl-lATTiiE SA.ME CONFORMS TO MV
DESIGN , ™AT THE WITHIN. IS A TAUE ANO ACCURATE REPRESENTATION OF IMPROVEMENTS
AS INSTALLED ANO THAT SAID lt.-lPROIIEUENTS ARE HEREBY RECOl,IME.NO!:O FOR
ACCEPTANCE BY TttE. CllY OF FAfAHOPE. ALA9A.'M.
0ATEDTJ·tLSTHE _bAYOF= ____ ~2017.
THOMAS LARRY St,l!TH. P .E.
ALA. UC , NO. 26348
NAME OF PROJECT~ VAN AZ>lTVIE.RP PARK SUBDIVISION
PL.ANS WHICH ARE CERTIF IED CONS ISTS OF PAGE j_ THRU i EACH OF WHICH SEARS MY SEAL
AND SIGNA"TURE..
VIC I NITY MAP (NOTTO SCALE)
CERTIFI CATION OF OWNERSHIP AND DEDICATION
STAT E OF Al.ABAl,-V1
COUNTY OF BALOWlN
I, CAP.SWELL WAI.COTT. MANAGltlG !.IEMSER OFVAfl ANTY.'ER? PARK LLC. HEARSY STATE
THAT~ AR5 n-lE OWtlERS OF THE WrTI-tlN DESCRIBED LANDS, SAID LANDS BEING OWNED
FEE SIMPLE. I. CARSWEI.l WALCOTT. WHOSE NMtE AS MANAGING MEMBER. HAVE CA\JSEO
THE SAJ.lC. TO SE SIJRVEYEO AND SUBOMDED AS lNOICATED HEREON , FOR TH E USES ANO
PURPOSES HEREIN SET FORTii ANO 00 HSiE13Y ACKNOWl.ECGE AND ADOPT THE SollJ.lE
UNDER THE.DES IGN ANO TITLE HEREON INCICATED,AN □ GRANT ALL. E/.SEMEN TS ANO
OE.DICATE.ALL STREETS, ALLEYS, WALLS, f'A.l"tKS, AND OTHER OPEN SPACES TO PUBLIC OR
PRNATE USE AS 111O1:.D. TOGETHER WITH SUCH RESTRICTIONS ANO COVENANTS IIOTI;D
BELOW OR ATTACHE"O IN A SEPARATE LEGAL DOCUMENT.
DA-P::-....0 lr11S THE" __ OAY OF _____ 2017 .
YANANTWER?PAAK.Llc
5'r':. ___________ _
CAASVIEU WALCOTT, li"S MANAG IH G /.IEll.1!.E.R
CERTIFICATION OF NOTARY PUBLIC
STATE CFALASAt.lA
COU~ OF B;l,.l.DWIN
I, ______ A NOTARY FUBLJC IN ANO FOR SAID STATE ANO CDtJNTY, HERESY
CERTIFY THAT CAASWEL.L WALCOTT . WHOSE NAME IS SUESCR.JD~TOTHECERTIFICATEOF
OWNERSHIP A/1.'0 DEDICATION , APPEARED BEFORE ME ON IBIS CAY, IN PERSON , HEREBY
ACKNOIM.EDGETHAT HE SlGNED. SEALED AND DELIVERED SAID wsmut.\ENT ATI-ILS FREE
At,a \/OlUNiAi'l'.Y ACT FOR THE USES AHO PURPOSES THER9N SET FORTH.
GIVEN UNDER t.\Y HAND AND OFFICIAL SEAl THIS THE. __ CAY OF _____ 2017.
NOTARY PUBLIC
MY COMMISSION EXPIRES: _____ _
~
1, ACREAGE IN TOTAi. TRACT: 4~1,900 SO, FT, (11.29 ACRES, MOR';. OR I.E.SS)
2. SMAU..ESTLOT S(ZE: 137,91250. FT. (J ,17 ACRES. MOR:.OR LESS)
3. TOTAL N1JMSEFt 0~ LOTS: 2
-t. PROPERTY ZONED: R·2, (CITY OF FAIR.HOPE)
NOTES:
1. TYPE OF SURVEY: SUBDMSION
2. Ali.. CAPP ED RESAR SEf A.'~E SMffii, CLARK {CA: 696)
J. RECORD 01"-IENSIONS SASE□ ON Pl.AT OF SU RVEY PROVIDl:0 BY TI-IE
CLIENT.
4. THE LOTS ARE: SERVED BY:
AT&T -TE LE~HON=
CITY OF FAIRHOPE FOR POWER. WA~. Sl:Wl:Fl AND GAS .
5, BUILD ING SETBACKS:
FRONT YARD.:::: 35 FEET
REAR YARD -= J~ FEET
SIDE VARO = 10 FEET
SIDE STREET -= 20 FEET
UNLESS OTHER WISE NOTED,
6. DR.Atr,IAGESttALLSE REQUIRED AT THE TIME OF BUILDING PERMIT.
7 . A BMP PLAN IS REQUIRED PRIOR TO ISSUANCE OF A BUJLOING PERMIT,
8. All. REQUIRED TESTING SHALL BE SUBMITTED AT THE TIME OF
BUILDING PERMIT.
9. A LOTS HAVE A 15 FOOT DRAINAGE AND LITIUTY EASEMENT ON SIDE
ANO RE.t..R LOT LINES UNLESS OTHERWISE SHOWN. INTERIOR LOT
LINES , THE EASH·IENTWILL BE 7,5 FEET ON EAC H SIDE.
10. THE FINIS HED FLOOR ELEVATION OF THE LOTS SHALL BE FIFTEEN {1S}
I NCH ES ABOVE. THE HIGHEST FI NISHED C.RAOE AROUND THE BUILDING
FOOTPRINT.
LAH □OWNERr
VAN ANTVIERP Pi\RK, UC
12230LrJ£ OAK STREET
FAIRHOPE. AL 36532
~
S.::C. CIVll.LLC
THOMAS LARRY S.,_UTH, PE
AL LICENSE' ND. 263<8
1 S . SCHOOL STREET
FAIRHO?E, AL'.!E-532
SURVEYOR:
SMIT)-1 ,Cl..ARK& ASSOCIATES
DANIEL 0 .. CLARK . PLS
AL. LICENSE "40. 2772{1
11111 US HVY'Y 31 , SU!TEE
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SHEET
2 of 2
1 SD 17.16 Van Antwerp Park North – August 7, 2017
City of Fairhope
Planning Commission
August 7, 2017
Case: SD 17.16 Van Antwerp Park North
Project Name:
Van Antwerp Park North
Project Type:
Minor Subdivision
Jurisdiction:
Fairhope Corporate Limits
Zoning District:
R‐2 Medium Density Single
Family Residential District
PPIN Number:
18772
General Location:
N. Mobile Street and Pensacola
Avenue
Engineer:
S.E. Civil Engineering, LLC
Owner:
Van Antwerp Park, LLC
School District:
Fairhope Elementary School
Fairhope Middle School
Fairhope High School
Recommendation:
1. Decline to accept due to
moratorium;
2. Denial
2 SD 17.16 Van Antwerp Park North – August 7, 2017
Note: The applicant currently has made this application and applications for SD 17.19 (replat) and SD
17.17 (another 4 lot a minor subdivision). On the advice of the Commission’s counsel, the
development proposed by these applications is subject to the moratorium currently in effect under
Ordinances 1588 and 1597. Accordingly, it is recommended that the commission decline to accept or
consider this application.
Summary of Request:
Public hearing to consider the request of S.E. Civil Engineering, LLC for plat approval of Van Antwerp
Park North, a 4‐lot minor subdivision.
Comments:
All associated Investors: All associated investors have been provided. The sole owner
is Van Antwerp LLC.
Lot standards: The property is currently zoned R‐2.
Lot Access: Lot 1 fronts on N. Mobile Street, a paved, publicly maintained right‐of‐way.
Lots 2 and 3 however, front an unopened and wooded portion of the Pensacola Ave.
right‐of‐way.
o City of Fairhope Subdivision Regulations Article V, Section E.2.states “…Where
land is subject to zoning all lots shall fully conform to the requirements of the
applicable zoning ordinance.”
o City of Fairhope Zoning Ordinance Article IX, Section C offers the following
definition of a “Lot Line, Front”:
The lot line contiguous to the right‐of‐way line of the street on which the
lot has least dimension.
Based upon the above definition of a lot line, front; lots 2 and 3
front upon the unopened, unpaved right‐of‐way, Pensacola
Avenue.
o City of Fairhope Subdivision Regulations Article V, Section E.3.a. states “…all lots
shall front upon a paved, publicly maintained street. Double frontage lots are
prohibited, except where lots consist of more than 66% of a block.”
o City of Fairhope Subdivision Regulations Article VI, Section B states “The sub‐
divider is required to pave all streets and lanes with a suitable hard surface, all
weather type of pavement in compliance with city standards and the
requirements of Chapter 19 of the Code of Ordinances, as amended.”
o City of Fairhope Subdivision Regulations Article VI, Section B.4. further states
“Wearing Surface shall consist of a surface course constructed with asphaltic
concrete…”
As previously stated Pensacola Avenue is an unopened right‐of‐way. To
meet the frontage requirements of Article V, Section E.3.a., Pensacola
Avenue must be opened and paved as described in Article VI, Section B.
City of Fairhope Zoning Ordinance Article II offers the following
definition of a Major Subdivision:
“…any size subdivision requiring any new street, drainage, or
other public improvement.”
Based upon the various definitions stated above, opening and paving the
unopened section of Pensacola Avenue, regardless of the type of paving
3 SD 17.16 Van Antwerp Park North – August 7, 2017
material utilized, requires public improvement falling within the
definition of a major subdivision.
Structures: No existing structures are currently located on the subject property.
Natural Features: Staff examined USDA’s Web Soil Survey and Wet Loamy hydric soils
are shown on the site near the unnamed creek. The application includes supporting
documents including soil boring logs as well as a wetland ground survey conducted by
Wetland Resources Environmental Consulting. Wetland Resources indicated that no
wetlands were found on the subject property, however Wetland Resources
recommends that a wetland determination be performed by the U.S. Army Corps of
Engineers.
Easements: 15’ drainage and utility easements on rear lot lines as well as 7.5’ drainage
and utility easements on side lot lines are noted on the plat.
Storm water Standards: Drainage requirements at the time of building permit request
are noted on the plat. Staff examined the FEMA flood map for the area of the subject
property and the unnamed creek crossing the subject property falls within zone “AE”.
The balance of the subject property falls within zone “X”. The application includes a
conceptual storm water management plan as a supporting document. The application
notes that each individual lot will be required by a subdivision covenant to prepare an
engineered storm water management plan. The conceptual storm water management
plan will serve as a guiding document for the individual storm water plan of each lot.
Various low impact development (LID) techniques are included in the conceptual storm
water management plan.
BMP Plan: BMP plan requirement prior to issuance of a building permit is noted on the
plat.
Fire Flow: A fire flow model was submitted. Dan McCrory, Water and Sewer
Superintendent, has approved the flow model.
Utility Letters: Utility availability letters have been provided. All utilities in all proposed
subdivisions shall be installed underground.
Water and Sewer: A note stating, “All required testing shall be submitted at the time of
building permit” is contained on the plat.
Recorded Plat: Applicant is advised that all conditions of approval shall be satisfied in a
timely manner, so that final plat may be recorded within a 60‐day time frame, per the
City of Fairhope Subdivision Regulations.
Other: The subject property is not a Single Tax Colony property.
Additional Background Information:
Minor subdivision applications for Van Antwerp Park North and Van Antwerp Park South were received
by staff June on 26, 2017. Staff submitted review letters to S.E. Civil Engineering, LLC/Van Antwerp LLC
on July 6, 2017. S.E. Civil Engineering, LLC/Van Antwerp LLC (applicant) provided a review letter
response package dated July 17, 2017. The applicant’s response to staff’s review letters further
illuminates a proposed replat of what the applicant contends are two existing lots, identified as Parcels
“A” and “B”. Upon legal advisement staff has determined the replat must be considered by the
Planning Commission.
4 SD 17.16 Van Antwerp Park North – August 7, 2017
The requested replat (SD 17.19) is a predicate for the two minor subdivisions, this SD 17.16 and SD
17.17, as the replatted lots would become the parent tracts for the two minor subdivisions. There is
currently in place a moratorium on subdivisions. While a replat or a minor subdivision are exceptions
to the moratorium, on the advice of the Commission’s counsel the stacking of these exceptions, such
as here proposed by the applicant, is not within the intent of the moratorium ordinance. We are
advised that the Commission’s counsel has consulted with the City Attorney who concurs in that
conclusion.
Lots 2 and 3 of the proposed minor subdivision front a heavily‐forested, unopened, unpaved
section of Pensacola Avenue. The applicant states in its cover letter that the applicant will open
Pensacola Avenue and construct a gravel street approximately 83’ long to provide access to lot
3.
City of Fairhope Subdivision Regulations Article II Definitions, Major Subdivision: a major
subdivision not classified as a minor subdivision, including but not limited to
subdivisions of five (5) or more lots, including remnant parcels, or any size subdivision
requiring any new street, drainage, or other public improvement.
Opening the unopened section of the Pensacola Avenue right‐of‐way, as well as construction of
a paved street (regardless of paving material used) requires new street and public
improvement, which falls within the purview of a Major Subdivision rather than a Minor
Subdivision.
The applicant has requested a waiver of City of Fairhope Subdivision Regulations Article V,
Section E, Paragraph 3 “Lot Access”.
Staff’s understanding of the City of Fairhope Subdivision Regulations is that serial or concurrent
minor subdivision applications are not the intent of the subdivision regulations. However, serial
or concurrent applications are neither expressly authorized or prohibited. The concurrent
application for the replat and two minor subdivisions applications for Van Antwerp Park North
and Van Antwerp Park South may be interpreted as creating a major subdivision. Additionally,
both Van Antwerp Park North (by inclusion of the 7 acre Lot 4 common area) and Van Antwerp
South (by inclusion of the 2 acre Lot 1 with 500 feet of frontage) create the appearance of
phases within a major subdivision.
Recommendation:
Staff recommends DENIAL of the minor subdivision application. The applicant submitted a
replat (SD 17.19) and two minor subdivision applications for Van Antwerp Park North (case
number SD 17.16) and Van Antwerp Park South (case number SD 17.17). The proposed replat
which is a predicate for the minor subdivisions does not qualify as such. Denial of the replat of
the subject property prevents the creation of proposed Parcels “A” and “B”, which would be
the parent tracts for the two minor subdivisions, SD 17.16 and SD 17.17. Further the need for a
new street and public improvement necessary to open and pave Pensacola Avenue disqualifies
this request as a minor subdivision . We again note the applicant has requested a waiver of City
of Fairhope Subdivision Regulations Article V, Section E, Paragraph 3 “Lot Access”.
5 SD 17.16 Van Antwerp Park North – August 7, 2017
Site Photos:
Subject property looking southeast from N.
Mobile Street
Subject property looking southeast into
unopened Pensacola Avenue ROW
Subject property looking east from N. Mobile
Street
Subject property looking east toward
unnamed creek from within cleared area
Van Antwerp Park North
Minor Subdivision Request and Response to Comments
Submitted to the
Fairhope Planning Commission
July 17, 2017
WALCOTT
ADAMS
VERNEUILLE
ARCHITECTS
VAN ANTWERP PARK
FAIRHOPE , ALABAMA
1 S. School Street Fairhope, Alabama 36532 251-990-6566
July 17, 2017
Mr. J. Buford King, LEED AP
Fairhope Planning Department
555 S. Section Street
Fairhope, Alabama 36532
Re: Van Antwerp Park North Transmittal Letter
Dear Buford:
Thank you for your review and comments. Attached are the following documents:
1. Response letter to comments provided
2. Van Antwerp Park North Subdivision Plat
3. Van Antwerp Park Re-plat
4. AT&T will serve letter
5. Natural gas email regarding availability
6. Paved road narrative
7. Waiver request
8. Original application submittal for reference for the Planning Commission. Please forward the
entire booklet to the Planning Commission.
If you have any questions, please let me know.
Sincerely,
Larry Smith, PE
larry@secivil.pro
Civil
1 S. School Street Fairhope, Alabama 36532 251-990-6566
July 17, 2017
Mr. J. Buford King, LEED AP
Fairhope Planning Department
555 S. Section Street
Fairhope, Alabama 36532
Re: Van Antwerp Park North Response
Dear Buford:
Thank you for your review and comments. Below is a response to the comments provided.
1. Utilities: Please provide a letter verifying the availability or non-availability of natural gas and
telephone service to the subject project.
Response: Availability letters for both natural gas and AT&T have now been emailed. They are
attached to the resubmittal as well.
2. Drawings: Please submit a digital copy of all drawings in Adobe pdf format.
Response: PDF’s of the entire package were provided including all drawings. With the resubmittal,
we have included all updated plans as well.
3. Finished Floor Elevations: Please provide the minimum finished floor elevations for every lot.
Response: We have provided a note on the plat regarding required finished floor elevations and
Erik Cortinas has approved the wording of the note.
4. Lot Acccess: City of Fairhope Subdivision Regulations Article V, Section E, Paragraph 3 “Lot
Access” states “…all lots shall front on a paved, publicly maintained street.” The portion of
Pensacola Avenue fronting lots “2” and “3” of Van Antwerp Park North is an existing but unopened
right of way.
Response: Lot 2 has plenty of frontage along Mobile St (95 feet) to connect a drive to. We would
install a gravel drive (83’ through existing right of way) to service lot 3. If this is not acceptable,
please see the attached waiver request to this requirement.
If you have any questions, please let me know.
Sincerely,
Larry Smith, PE
larry@secivil.pro
Civil
Karin Wtlso n
.lf'l)W
COIIIldl Members
Kevin G. Boo ne
Roberr A. Brown
Jack Barrell , ACMO
funmy Conyer,
lay Rob inso n
Lisa A. Hanks , MMC
City Clerk
Deborah A. Smilh , CPA
acy lh!IJSllTU
161 North Section Street
P.O . Drawer 429
Fairhope , ,\labama 36533
~51-928-2136
2:L-928--677 6 Fax
w11w.rairhopeal .go\'
F'm1illc•m;Jd,r/papu
July 6, 2017
Mr. LaiTy Smith
S.E. Civil, LLC
I S. School Street
Fairhope, AL 36532
RE: SD 17.16 Van Antwerp Park N01ih Minor Subdivision
Dear Mr. Smith,
The following review letter is de1ived from various components of the City of
Fairhope Zoning Ordinance and/ or staff reco1mnendations. Additional
comments may be depicted on "marked-up" plans. Please address all outstanding
items indicated in this letter by the date and time indicated below.
Utilities : Please provide a letter verifying the availability or non-availability of
natural gas and telephone service to the subject property.
Drawings: Please submit a digital copy of all drawings in Adobe pdffonnat.
Finished Floor Elevations: Please provide the minimum finished floor elevations
for every lot.
Lot Access: City of Fairhope Subdivision Regulations Article V, Section E ,
Paragraph 3 "Lot Access" states " ... all lots shall front on a paved, publicly
maintained street." The portion of Pensacola A venue fronting proposed lots "2"
and "3" of Van Antwerp Park No1ih is an existing but unopened right of way.
The application is scheduled for Plam1ing Commission consideration on Monday,
August 7, 2017. A response to this letter is required no later than 3:00 PM on
Monday, July 17, 2017. If the deadline passes with no response, the application
will be withheld from the agenda due to an incomplete application. Please
provide eighteen (18) copies of the plans in 11 x 17 format as well as Adobe pdf
fonnat on a compact disc.
The City of Fairhope reserves the right to make additional c01mnents to this
application prior to the Planning Commission meeting date. Please feel free to
contact me at (251) 929-7436 with questions. I will also be happy to meet with
you to discuss in greater detail.
·ng,LEEDAP
Pl
CERTIFICATION OF SURVEYOR & DESCRIPTION OF PROPERTY
BALDWIN COUNTY
ALABAMA
PARCEL "A"
BEGINNING AT INTERSECTION OF THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE AND THE
SOUTHEASTERN MARGIN OF MOBILE AVENUE, SAID POINT POINT MARKED BY A CRIMP TOP IRON PIPE AND
ALSO BEING THE NORTHERN MOST CORNER OF BLOCK 18, VOLANTA, AS RECORDED IN MISCELLANEOUS BOOK
1, PAGE 341 IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA; THENCE SOUTH 70°10'05"
EAST A DISTANCE OF 236.40 FEET ALONG THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO A POINT
MARKED BY AN OPEN TOP IRON PIPE; THENCE SOUTH 24°55'45" EAST A DISTANCE OF 516.32 FEET ALONG SAID
SOUTHWESTERN MARGIN TO THE NORTHWESTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT
MARKED BY A CRIMP TOP IRON PIPE; THENCE SOUTH 20°09'12" WEST A DISTANCE OF 637.96 FEET ALONG SAID
NORTHWESTERN MARGIN TO THE NORTHEASTERN MARGIN OF PENSACOLA STREET, SAID POINT MARKED BY A
CAPPED IRON ROD (REBAR); THENCE NORTH 24°46'44" WEST A DISTANCE OF 850.68 FEET ALONG SAID
NORTHEASTERN MARGIN OF PENSACOLA STREET TO THE AFOREMENTIONED SOUTHEASTERN MARGIN OF
MOBILE AVENUE, SAID POINT MARKED BY AN ANGLE IRON; THENCE NORTH 19°58'50" EAST A DISTANCE OF
398.97 FEET ALONG SAID SOUTHEASTERN MARGIN OF MOBILE AVENUE TO THE POINT OF BEGINNING. PARCEL
CONTAINS 354853 SQUARE FEET (8.15 ACRES), MORE OR LESS.
PARCEL "B"
COMMENCING AT INTERSECTION OF THE NORTHEASTERN MARGIN OF PENSACOLA STREET AND THE
SOUTHEASTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT POINT MARKED BY A CAPPED IRON
ROD (REBAR) AND ALSO BEING THE WEST MOST CORNER OF BLOCK 23, VOLANTA, AS RECORDED IN
MISCELLANEOUS BOOK 1, PAGE 341 IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA;
THENCE NORTH 20°09'12" EAST A DISTANCE OF 67.80 FEET ALONG THE SOUTHEASTERN MARGIN OF THE
RELOCATED TENSAW AVENUE TO THE POINT OF BEGINNING, SAID POINT MARKED BY A CAPPED IRON ROD
(REBAR); THENCE CONTINUE ALONG THE SOUTHEASTERN MARGIN OF THE RELOCATED TENSAW AVENUE,
NORTH 20°09'12" EAST A DISTANCE OF 570.50 FEET TO THE INTERSECTION WITH THE SOUTHWESTERN MARGIN
OF RAILROAD AVENUE, SAID POINT MARKED BY A CRIMP TOP IRON PIPE; THENCE SOUTH 24°55'45" EAST A
DISTANCE OF 388.81 FEET ALONG THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO THE
NORTHWESTERN MARGIN OF SECTION STREET, SAID POINT MARKED BY A CRIMP TOP IRON PIPE; THENCE
SOUTH 17°56'17" WEST A DISTANCE OF 50.39 FEET ALONG SAID NORTHWESTERN MARGIN OF SECTION STREET
TO A POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE DEPART SAID NORTHWESTERN MARGIN, NORTH
72°38'41" WEST A DISTANCE OF 64.90 FEET TO A POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE
SOUTH 17°52'16"WEST A DISTANCE OF 62.81 FEET TO A POINT MARKED BY A CAPPED IRON ROD (REBAR);
THENCE SOUTH 72°41'10" EAST A DISTANCE OF 40.93 FEET TO THE SOUTHERN MARGIN OF THE VACATED
TENSAW AVENUE, SAID POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE SOUTH 65°52'12" WEST A
DISTANCE OF 257.56 FEET ALONG THE SOUTHERN MARGIN OF THE VACATED TENSAW AVENUE TO A POINT
MARKED BY A CAPPED IRON ROD (REBAR); THENCE DEPART SAID VACATED TENSAWAVENUE NORTH 71°21'23"
WEST A DISTANCE OF 71.47 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 94912 SQUARE FEET (2.18
ACRES), MORE OR LESS.
VACATED TENSAW AVENUE
COMMENCING AT INTERSECTION OF THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE AND THE
SOUTHEASTERN MARGIN OF MOBILE AVENUE, SAID POINT POINT MARKED BY A CRIMP TOP IRON PIPE AND
ALSO BEING THE NORTHERN MOST CORNER OF BLOCK 18, VOLANTA, AS RECORDED IN MISCELLANEOUS BOOK
1, PAGE 341 IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA; THENCE SOUTH 70°10'05"
EAST A DISTANCE OF 236.40 FEET ALONG THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO A POINT
MARKED BY AN OPEN TOP IRON PIPE; THENCE SOUTH 24°55'45" EAST A DISTANCE OF 516.32 FEET ALONG SAID
SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO THE NORTHWESTERN MARGIN OF THE RELOCATED
TENSAW AVENUE, SAID POINT MARKED BY A CRIMP TOP IRON PIPE AND ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 24°55'45" EAST A DISTANCE OF 93.24 FEET ALONG SAID SOUTHWESTERN MARGIN OF
RAILROAD AVENUE TO THE SOUTHEASTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT
MARKED BY A CRIMP TOP IRON PIPE; THENCE SOUTH 20°09'12" WEST A DISTANCE OF 638.31 FEET ALONG SAID
SOUTHEASTERN MARGIN OF THE RELOCATED TENSAW AVENUE TO THE NORTHEASTERN MARGIN OF
PENSACOLA STREET, SAID POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE NORTH 24°46'44" WEST A
DISTANCE OF 93.49 FEET ALONG SAID NORTHEASTERN MARGIN OF PENSACOLA STREET TO THE
NORTHWESTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT MARKED BY A CAPPED IRON ROD
(REBAR); THENCE NORTH 20°09'12" EAST A DISTANCE OF 637.96 FEET ALONG SAID NORTHWESTERN MARGIN OF
THE RELOCATED TENSAW AVENUE TO THE POINT OF BEGINNING. PARCEL CONTAINS 42135 SQUARE FEET (0.97
ACRES), MORE OR LESS.
I HEREBY CERTIFY THAT ALL PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN ACCORDANCE
WITH THE CURRENT REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF
ALABAMA TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
DANIEL D. CLARK
ALABAMA LICENSE# 27720
DATE
Van Antwerp Park North Subdivision
CERTIFICATE OF APPROVAL BY THE
FAIRHOPE PLANNING COMMISSION
THE WITHIN PLAT OF VAN ANTWERP PARK NORTH SUBDIVISION, FAIRHOPE, ALABAMA, IS
HEREBY APPROVED BY THE FAIRHOPE PLANNING COMMISSION.
THIS THE DAYOF __ ~2017.
AUTHORIZED SIGNATURE
CERTIFICATE OF APPROVAL BY AT&T
THE UNDERSIGNED, AS AUTHORIZED BY AT&T, DO HEREBY APPROVE THE WITHIN PLAT FOR
RECORDING OF SAME IN THE PROBATE OFFICE OF BALDWIN COUNTY, ALABAMA.
DATED THIS THE DAY OF _______ ,, 2017.
AUTHORIZED SIGNATURE
CERTIFICATION OF ENGINEER
STATE OF ALABAMA
COUNTY OF BALDWIN
I, THE UNDERSIGNED, A REGISTERED ENGINEER IN THE STATE OF ALABAMA, HOLDING
CERTIFICATE NUMBER 26348, HEREBY CERTIFY THAT I HAVE DESIGNED THE WITHIN
IMPROVEMENTS IN CONFORMITY WITH APPLICABLE CODES AND LAWS AND WITH THE
PRINCIPALS OF GOOD ENGINEERING PRACTICE. I FURTHER CERTIFY THAT I HAVE OBSERVED
THE CONSTRUCTION OF THE WITHIN IMPROVEMENTS, THAT THE SAME CONFORMS TO MY
DESIGN, THAT THE WITHIN IS A TRUE AND ACCURATE REPRESENTATION OF IMPROVEMENTS
AS INSTALLED AND THAT SAID IMPROVEMENTS ARE HEREBY RECOMMENDED FOR
ACCEPTANCE BY THE CITY OF FAIRHOPE, ALABAMA.
DATED THIS THE DAY OF-----~ 2017.
THOMAS LARRY SMITH, P.E.
ALA. LIC. NO . 26348
NAME OF PROJECT: VAN ANTWERP PARK NORTH SUBDIVISION
PLANS WHICH ARE CERTIFIED CONSISTS OF PAGE ! THRU _g, EACH OF WHICH BEARS MY SEAL
AND SIGNATURE.
August 2017
VICINITY MAP (NOTTO SCALE)
CERTIFICATION OF OWNERSHIP AND DEDICATION
STATE OF ALABAMA
COUNTY OF BALDWIN
I, CARSWELL WALCOTT, MANAGING MEMBER OF VAN ANTWERP PARK LLC, HEARBY STATE
THAT WE ARE THE OWNERS OF THE WITHIN DESCRIBED LANDS, SAID LANDS BEING OWNED
FEE SIMPLE. I, CARSWELL WALCOTT, WHOSE NAME AS MANAGING MEMBER, HAVE CAUSED
THE SAME TO BE SURVEYED AND SUBDIVIDED AS INDICATED HEREON, FOR THE USES AND
PURPOSES HEREIN SET FORTH AND DO HEREBY ACKNOWLEDGE AND ADOPT THE SAME
UNDER THE DESIGN AND TITLE HEREON INDICATED; AND GRANT ALL EASEMENTS AND
DEDICATE ALL STREETS, ALLEYS, WALLS, PARKS, AND OTHER OPEN SPACES TO PUBLIC OR
PRIVATE USE AS NOTED, TOGETHER WITH SUCH RESTRICTIONS AND COVENANTS NOTED
BELOW OR ATTACHED IN A SEPARATE LEGAL DOCUMENT.
DATED THIS THE DAYOF _____ ~2017.
VAN ANTWERP PARK, LLC
BY: -~--~~-~--------
CARSWELL WALCOTT, IT'S MANAGING MEMBER
CERTIFICATION OF NOTARY PUBLIC
STATE OF ALABAMA
COUNTY OF BALDWIN
I, ==-----~A NOTARY PUBLIC IN AND FOR SAID STATE AND COUNTY, HEREBY
CERTIFY THAT CARSWELL WALCOTT, WHOSE NAME IS SUBSCRIBED TO THE CERTIFICATE OF
OWNERSHIP AND DEDICATION, APPEARED BEFORE ME ON THIS DAY, IN PERSON, HEREBY
ACKNOWLEDGE THAT HE SIGNED, SEALED AND DELIVERED SAID INSTRUMENT AT HIS FREE
AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH.
GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS THE ___ DAY OF ______ ,, 2017.
NOTARY PUBLIC
MY COMMISSION EXPIRES: ______ _
SITE DATA:
1. ACREAGE IN TOTAL TRACT: 353,988 SQ. FT. (8.13ACRES, MORE OR LESS)
2. SMALLEST LOT SIZE: 10,913 SQ. FT. (0.25 ACRES, MORE OR LESS)
3. TOTAL NUMBER OF LOTS: 4
4. PROPERTY ZONED: R-2, (CITY OF FAIRHOPE)
NOTES:
1. TYPE OF SURVEY: SUBDIVISION
2. ALL CAPPED REBAR SET ARE SMITH, CLARK (CA: 896)
3. RECORD DIMENSIONS BASED ON PLAT OF SURVEY PROVIDED BY THE
CLIENT.
4. THE LOTS ARE SERVED BY:
AT&T -TELEPHONE
CITY OF FAIRHOPE FOR POWER, WATER, SEWER, AND GAS.
5. BUILDING SETBACKS:
FRONT YARD= 35 FEET
REAR YARD= 35 FEET
SIDE YARD= 10 FEET
SIDE STREET= 20 FEET
UNLESS OTHERWISE NOTED.
6. DRAINAGE SHALL BE REQUIRED AT THE TIME OF BUILDING PERMIT.
7. A BMP PLAN IS REQUIRED PRIOR TO ISSUANCE OF A BUILDING PERMIT.
8. ALL REQUIRED TESTING SHALL BE SUBMITTED AT THE TIME OF
BUILDING PERMIT.
9. A LOTS HAVE A 15 FOOT DRAINAGE AND UTILITY EASEMENT ON SIDE
AND REAR LOT LINES UNLESS OTHERWISE SHOWN. INTERIOR LOT
LINES, THE EASEMENT WILL BE 7.5 FEET ON EACH SIDE.
10. THE FINISHED FLOOR ELEVATION OF THE LOTS SHALL BE FIFTEEN (15)
INCHES ABOVE THE HIGHEST FINISHED GRADE AROUND THE BUILDING
FOOTPRINT.
LANDOWNER:
VAN ANTWERP PARK, LLC
12330 LIVE OAK STREET
FAIRHOPE, AL 36532
ENGINEER:
S.E. CIVIL, LLC
THOMAS LARRY SMITH, PE
AL LICENSE NO. 26348
1 S. SCHOOL STREET
FAIRHOPE, AL 36532
SURVEYOR:
SMITH, CLARK & ASSOCIATES
DANIEL D. CLARK, PLS
AL LICENSE NO. 27720
11111 US HWY31, SUITE E
SPANISH FORT, AL 36527
CERTIFICATE OF APPROVAL BY THE CITY OF FAIRHOPE-WATER & SEWER
THE UNDERSIGNED, AS AUTHORIZED BY THE FAIRHOPE UTILITIES, DO HEREBY APPROVE THE
WITHIN PLAT FOR RECORDING OF SAME IN THE PROBATE OFFICE OF BALDWIN COUNTY,
ALABAMA.
DATED THIS THE DAY OF _______ , 2017.
AUTHORIZED SIGNATURE
CERTIFICATE OF APPROVAL BY THE CITY OF FAIRHOPE-POWER
THE UNDERSIGNED, AS AUTHORIZED BY THE FAIRHOPE UTILITIES, DO HEREBY APPROVE THE
WITHIN PLAT FOR RECORDING OF SAME IN THE PROBATE OFFICE OF BALDWIN COUNTY,
ALABAMA.
DATED THIS THE DAY OF ______ ~ 2017.
AUTHORIZED SIGNATURE
CERTIFICATE OF APPROVAL BY THE CITY OF FAIRHOPE-GAS
THE UNDERSIGNED, AS AUTHORIZED BY THE FAIRHOPE UTILITIES, DO HEREBY APPROVE THE
WITHIN PLAT FOR RECORDING OF SAME IN THE PROBATE OFFICE OF BALDWIN COUNTY,
ALABAMA.
DATED THIS THE DAY OF------~ 2017.
AUTHORIZED SIGNATURE
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JOB No.
20170316
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DATE
7/14/17
DRAWN SCALE
TLS N.T.S.
SHEET
1 of 2
LEGEND
ACRF
AcrF
ACJTF
ARBF'
AIFf
eCRS
(R)
(0)
R.0.W.
P.O.C.
P.O.B.
CAPPED IRON ROD FOUND
CRIMPED TOP PIPE FOUND
OPEN TOP IRON PIPE FOUND
REBAR IRON FOUND
IRON PIN FOUND
CAPPED IRON ROD SET
RECORD
OBSERVED
RIGHT OF WAY
POINT OF COMMENCEMENT
POINT OF BEGINNING
---CHAIN LINK FENCE
---WIRE FENCE
---WOOD FENCE
LIGHT POLE
POWER POLE
ELECTRICAL TRANSFORMER
TELEPHONE PEDESTAL
CABLE TV BOX
STORM WATER MANHOLE
STORM DRAIN INLET
FIRE HYDRANT
WATER METER
WATER VALVE
SANITARY SEWER MANHOLE
---SANITARY SEWER LINE
---GASLINE
---WATERLINE
---OVERHEAD POWER LINE
---OVERHEAD TELEPHONE LINE
---UNDERGROUND POWER
---UNDERGROUND TELEPHONE
HGV GAS VALVE
TREE LEGEND
/
/
MAGNOLIA TREE
OAK TREE
PINE TREE
/
/
/
/
/
NIF
05-46-03-37-0-001-038. 000
FAIRHOPE YACHT CLUB
POBOX1327
FAIRHOPE, AL 36533
ZONEDR-2
/
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/
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/
/
/
Van Antwerp Park North Subdivision
August 2017
' / /
/
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V
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/ "' /
"' / 05-46-03-37"!:003-015.001
'-/4 oKER, GA Yl.A YOUNG ETAL BOOKER, LINDELL
'-401 ROSA AVE /
"' FAIRHOPE, AL 36532
"' ZONED R-2
/
Curve# Radius
C3 76.69
C2 125.05
C1 125.05
0 30 60 120 240
60SCALE
VICINITY MAP (NOT TO SCALE)
LINE BEARING DISTANCE
L1 N 20'09'12" E 67.80' (0)
L2 S 72"41'10" E 40.93' (0)
S 72'37'00" E 40.93' (R)
L3 S 17°52'16"W 62.81' (0)
S 17°47'30" W 62.79' (R)
L4 N 72'38'41" W 64.90' (0)
N 72°38'23" W 65.02' (R)
Line Table
Line# Length Direction
LS 51.69 S24° 07' 48"E
L6 65.87 S74° 03' 48"E
L7 53.63 S22° 12' 58"E
LB 80.84 N38' 26' 35"W
L9 40.00 S24° 46' 44"E
L10 61.66 N06° 38' 15"E
L 11 29.36 N39' 16' 32"W
L12 117.11 N70' 01' 10"W
/
/
/
Curve Table
Delta Angle Chord Direction Chord Length Arc Length
50°23 118" S51 '18'13"E 65.30 67.45
21 °46'38" N63'09'47"W 47.25 47.53
28'07'59" N38'12'29"W 60.79 61.40
z
0
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O'.
JOB No.
20170316
DRAWN
TLS
SHEET
DATE
7/14/17
SCALE
1 "•60'
2 of 2
CERTIFICATION OF SURVEYOR & DESCRIPTION OF PROPERTY
BALDWIN COUNTY
ALABAMA
PARCEL "A"
BEGINNING AT INTERSECTION OF THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE AND THE
SOUHlEASTERN MARGIN OF MOBILE AVENUE, SAID POINT POINT MARKED BY A CRIMP TOP IRON PIPE AND
ALSO BEING THE NORTHERN MOST CORNER OF BLOCK 18, VOLANTA, AS RECORDED IN MISCELLANEOUS BOOK
1, PAGE 341 IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA; THENCE SOUTH 70°10'05"
EAST A DISTANCE OF 236.40 FEET ALONG THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO A POINT
MARKED BY AN OPEN TOP IRON PIPE; THENCE SOUTH 24°55'45" EAST A DISTANCE OF 516.32 FEET ALONG SAID
SOUTHWESTERN MARGIN TO THE NORTHWESTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT
MARKED BY A CRIMP TOP IRON PIPE; THENCE SOUTH 20°09'12" WEST A DISTANCE OF 637.96 FEET ALONG SAID
NORTHWESTERN MARGIN TO THE NORTHEASTERN MARGIN OF PENSACOLA STREET, SAID POINT MARKED BY A
CAPPED IRON ROD (REBAR); THENCE NORTH 24"46'44" WEST A DISTANCE OF 850.68 FEET ALONG SAID
NORTHEASTERN MARGIN OF PENSACOLA STREET TO THE AFOREMENTIONED SOUTHEASTERN MARGIN OF
MOBILE AVENUE. SAID POINT MARKED BY AN ANGLE IRON; THENCE NORTH 19"58'50" EAST A DISTANCE OF
398.97 FEET ALONG SAID SOUTHEASTERN MARGIN OF MOBILE AVENUE TO THE POINT OF BEGINNING. PARCEL
CONTAINS 354853 SQUARE FEET (8.15 ACRES), MORE OR LESS.
PARCEL "B"
COMMENCING AT INTERSECTION OF THE NORTHEASTERN MARGIN OF PENSACOLA STREET AND THE
SOUTHEASTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT POINT MARKED BY A CAPPED IRON
ROD (REBAR) AND ALSO BEING THE WEST MOST CORNER OF BLOCK 23, VOLANTA, AS RECORDED IN
MISCELLANEOUS BOOK 1, PAGE 341 IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA;
THENCE NORTH 20"09'12" EAST A DISTANCE OF 67.80 FEET ALONG THE SOUTHEASTERN MARGIN OF THE
RELOCATED TENSAW AVENUE TO THE POINT OF BEGINNING, SAID POINT MARKED BY A CAPPED IRON ROD
(REBAR); THENCE CONTINUE ALONG THE SOUTHEASTERN MARGIN OF THE RELOCATED TENSAW AVENUE,
NORTH 20"09'12" EAST A DISTANCE OF 570.50 FEET TO THE INTERSECTION WITH THE SOUTHWESTERN MARGIN
OF RAILROAD AVENUE, SAID POINT MARKED BY A CRIMP TOP IRON PIPE; THENCE SOUTH 24"55'45" EAST A
DISTANCE OF 388.81 FEET ALONG THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO THE
NORTHWESTERN MARGIN OF SECTION STREET, SAID POINT MARKED BY A CRIMP TOP IRON PIPE; THENCE
SOUTH 17"56'17" WEST A DISTANCE OF 50.39 FEET ALONG SAID NORTHWESTERN MARGIN OF SECTION STREET
TO A POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE DEPART SAID NORTHWESTERN MARGIN, NORTH
72"38'41" WEST A DISTANCE OF 64.90 FEET TO A POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE
SOUTH 17°52'16" WEST A DISTANCE OF 62.81 FEET TO A POINT MARKED BY A CAPPED IRON ROD (REBAR);
THENCE SOUTH 72"41'10" EAST A DISTANCE OF 40.93 FEET TO THE SOUTHERN MARGIN OF THE VACATED
TENSAW AVENUE, SAID POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE SOUTH 65°52'12" WEST A
DISTANCE OF 257.56 FEET ALONG THE SOUTHERN MARGIN OF THE VACATED TENSAW AVENUE TO A POINT
MARKED BY A CAPPED IRON ROD (REBAR); THENCE DEPART SAID VACATED TENSAW AVENUE NORTH 71"21'23"
WEST A DISTANCE OF 71.47 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 94912 SQUARE FEET (2.18
ACRES), MORE OR LESS.
VACATED TENSAW AVENUE
COMMENCING AT INTERSECTION OF THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE AND THE
SOUTHEASTERN MARGIN OF MOBILE AVENUE. SAID POINT POINT MARKED BY A CRIMP TOP IRON PIPE AND
ALSO BEING THE NORTHERN MOST CORNER OF BLOCK 18, VOLANTA. AS RECORDED IN MISCELLANEOUS BOOK
1, PAGE 341 IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA; THENCE SOUTH 70°10'05"
EAST A DISTANCE OF 236.40 FEET ALONG THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO A POINT
MARKED BY AN OPEN TOP IRON PIPE; THENCE SOUTH 24°55'45" EAST A DISTANCE OF 516.32 FEET ALONG SAID
SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO THE NORTHWESTERN MARGIN OF THE RELOCATED
TENSAW AVENUE, SAID POINT MARKED BY A CRIMP TOP IRON PIPE AND ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 24"55"45" EAST A DISTANCE OF 93.24 FEET ALONG SAID SOUTHWESTERN MARGIN OF
RAILROAD AVENUE TO THE SOUTHEASTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT
MARKED BY A CRIMP TOP IRON PIPE; THENCE SOUTH 20"09'12" WEST A DISTANCE OF 638.31 FEET ALONG SAID
SOUTHEASTERN MARGIN OF THE RELOCATED TENSAWAVENUE TO THE NORTHEASTERN MARGIN OF
PENSACOLA STREET, SAID POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE NORTH 24°46'44" WEST A
DISTANCE OF 93.49 FEET ALONG SAID NORTHEASTERN MARGIN OF PENSACOLA STREET TO THE
NORTHWESTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT MARKED BY A CAPPED IRON ROD
(REBAR); THENCE NORTH 20"09'12" EAST A DISTANCE OF 637.96 FEET ALONG SAID NORTHWESTERN MARGIN OF
THE RELOCATED TENSAW AVENUE TO THE POINT OF BEGINNING. PARCEL CONTAINS 42135 SQUARE FEET (0.97
ACRES), MORE OR LESS.
I HEREBY CERTIFY THAT ALL PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN ACCORDANCE
WITH THE CURRENT REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF
ALABAMA TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
DANIEL D. CLARK
ALABAMA LICENSE# 27720
DATE
Van Antwerp Park Subdivision
A Re-Plat of Parcels A & B
August 2017
CERTIFICATE OF APPROVAL BY THE
FAIRHOPE PLANNING AND ZONING DIRECTOR
Di:-, J Hale
THE UNDERSIGNED, AS AUTHORIZED BY THE CITY OF FAIRHOPE PLANNING DIRECTOR,
HEREBY APPROVES THE WITHIN RE-PLAT FOR THE RECORDING OF SAME IN THE PROBATE
OFFICE, BALDWIN COUNTY, ALABAMA.
THIS THE DAYOF __ ~2017.
AUTHORIZED SIGNATURE
CERTIFICATION OF ENGINEER
STATE OF ALABAMA
COUNTY OF BALDWIN
I, THE UNDERSIGNED, A REGISTERED ENGINEER IN THE STATE OF ALABAMA, HOLDING
CERTIFICATE NUMBER 26348, HEREBY CERTIFY THAT I HAVE DESIGNED THE WITHIN
IMPROVEMENTS IN CONFORMITY WITH APPLICABLE CODES AND LAWS AND WITH THE
PRINCIPALS OF GOOD ENGINEERING PRACTICE. I FURTHER CERTIFY THAT I HAVE OBSERVED
THE CONSTRUCTION OF THE WITHIN IMPROVEMENTS, THAT THE SAME CONFORMS TO MY
DESIGN, THAT THE WITHIN IS A TRUE AND ACCURATE REPRESENTATION OF IMPROVEMENTS
AS INSTALLED AND THAT SAID IMPROVEMENTS ARE HEREBY RECOMMENDED FOR
ACCEPTANCE BY THE CITY OF FAIRHOPE, ALABAMA.
DATED THIS THE DAY OF _____ ~ 2017.
THOMAS LARRY SMITH, P.E.
ALA. LIC. NO. 26348
NAME OF PROJECT: VAN ANTWERP PARK SUBDIVISION
PLANS WHICH ARE CERTIFIED CONSISTS OF PAGE 1 THRU g, EACH OF WHICH BEARS MY SEAL
AND SIGNATURE.
VICINITY MAP (NOTTO SCALE}
CERTIFICATION OF OWNERSHIP AND DEDICATION
STATE OF ALABAMA
COUNTY OF BALDWIN
I, CARSWELL WALCOTT, MANAGING MEMBER OF VAN ANTWERP PARK LLC, HEARBY STATE
THAT WE ARE THE OWNERS OF THE WITHIN DESCRIBED LANDS, SAID LANDS BEING OWNED
FEE SIMPLE. I, CARSWELL WALCOTT, WHOSE NAME AS MANAGING MEMBER, HAVE CAUSED
THE SAME TO BE SURVEYED AND SUBDIVIDED AS INDICATED HEREON, FOR THE USES AND
PURPOSES HEREIN SET FORTH AND DO HEREBY ACKNOWLEDGE AND ADOPT THE SAME
UNDER THE DESIGN AND TITLE HEREON INDICATED; AND GRANT ALL EASEMENTS AND
DEDICATE ALL STREETS, ALLEYS, WALLS, PARKS, AND OTHER OPEN SPACES TO PUBLIC OR
PRIVATE USE AS NOTED, TOGETHER WITH SUCH RESTRICTIONS AND COVENANTS NOTED
BELOW OR ATTACHED IN A SEPARATE LEGAL DOCUMENT.
DATED THIS THE DAY OF 2017. ------
VAN ANTWERP PARK, LLC
BY~: ______________ _
CARSWELL WALCOTT, IT'S MANAGING MEMBER
CERTIFICATION OF NOTARY PUBLIC
STATE OF ALABAMA
COUNTY OF BALDWIN
I,=======,=,-A NOTARY PUBLIC IN AND FOR SAID STATE AND COUNTY, HEREBY
CERTIFY THAT CARSWELL WALCOTT, WHOSE NAME IS SUBSCRIBED TO THE CERTIFICATE OF
OWNERSHIP AND DEDICATION, APPEARED BEFORE ME ON THIS DAY, IN PERSON, HEREBY
ACKNOWLEDGE THAT HE SIGNED, SEALED AND DELIVERED SAID INSTRUMENT AT HIS FREE
AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH.
GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS THE ___ DAY OF ______ , 2017.
NOTARY PUBLIC
MY COMMISSION EXPIRES: ______ _
SITE DATA:
1. ACREAGE IN TOTAL TRACT: 491,900 SQ. FT. (11.29 ACRES, MORE OR LESS)
2. SMALLEST LOT SIZE: 137,912 SQ. FT. (3.17 ACRES, MORE OR LESS)
3. TOTAL NUMBER OF LOTS: 2
4. PROPERTY ZONED: R-2, (CITY OF FAIRHOPE)
NOTES;
1. TYPE OF SURVEY: SUBDIVISION
2. ALL CAPPED REBAR SET ARE SMITH, CLARK (CA: 896)
3. RECORD DIMENSIONS BASED ON PLAT OF SURVEY PROVIDED BY THE
CLIENT.
4. THE LOTS ARE SERVED BY:
AT&T -TELEPHONE
CITY OF FAIRHOPE FOR POWER, WATER, SEWER, AND GAS.
5. BUILDING SETBACKS:
FRONT YARD= 35 FEET
REAR YARD = 35 FEET
SIDE YARD= 10 FEET
SIDE STREET= 20 FEET
UNLESS OTHERWISE NOTED.
6. DRAINAGE SHALL BE REQUIRED AT THE TIME OF BUILDING PERMIT.
7. A BMP PLAN IS REQUIRED PRIOR TO ISSUANCE OF A BUILDING PERMIT.
8. ALL REQUIRED TESTING SHALL BE SUBMITTED AT THE TIME OF
BUILDING PERMIT.
9. A LOTS HAVE A 15 FOOT DRAINAGE AND UTILITY EASEMENT ON SIDE
AND REAR LOT LINES UNLESS OTHERWISE SHOWN. INTERIOR LOT
LINES, THE EASEMENT WILL BE 7.5 FEET ON EACH SIDE.
10. THE FINISHED FLOOR ELEVATION OF THE LOTS SHALL BE FIFTEEN (15)
INCHES ABOVE THE HIGHEST FINISHED GRADE AROUND THE BUILDING
FOOTPRINT.
LANDOWNER:
VAN ANTWERP PARK, LLC
12330 LIVE OAK STREET
FAIRHOPE, AL 36532
ENGINEER:
S.E. CIVIL, LLC
THOMAS LARRY SMITH, PE
AL LICENSE NO. 26348
1 S. SCHOOL STREET
FAIRHOPE, AL 36532
SURVEYOR:
SM 1TH, CLARK & ASSOCIATES
DANIEL D. CLARK, PLS
AL LICENSE NO. 27720
11111 USHWY31,SUITEE
SPANISH FORT, AL 36527
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JOB No. DATE
20170316 7/14/17
DRAWN SCALE
TLS N.T.S.
SHEET
1 of 2
LEGEND
11.CRF
11.CTF
•w ·-11.IPF
eCRS
(R)
(0)
R.O.W.
P.O.C.
P.0.B.
CAPPED IRON ROD FOUND
CR!MPED TOP PIPE FOUND
OPEN TOP IRON PIPE FOUND
REBAR IRON FOUND
IRON PIN FOUND
CAPPED IRON ROD SET
RECORD
OBSERVED
RIGHT OF WAY
POIIIT OF COMMENCEMENT
POII/T OF BEGINNING
---CHAIN LINK FENCE
---WIRE FENCE
---WOOD FENCE
LIGHT POLE
POWER POLE
ELECTRICAL TRANSFORMER
TELEPHONE PEDESTAL
CABLE JV BOX
STORM WATER MANHOLE
STORM DRAIN INLET
FIRE HYDRAIIT
WATER METER
WATER VALVE
SANITARY SEWER MANHOLE
---SANITARY SEWER LINE
---GASLINE
---WATER LINE
---OVERHEAD POWER LINE
---OVERHEAD TELEPHONE LINE
---UNDERGROUND POWER
---UNDERGROUND TELEPHONE
~GV GAS VALVE
TREE LEGEND
I
/
MAGNOLIA TREE
OAK TREE
PINE TREE
/
/
/
/
/
/
/
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FAIRHOPE YACHT CLUB
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FAIRHOPE, AL 36533
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Van Antwerp Park Subdivision
A Re-Plat of Parcels A & B
August 2017
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Curve Table
Delta Angle Chord Direction
28°07'59" N38'12'29'W
50°23'18" S51°18'13"E
21°46'38" N63'09'47'W
LINE BEARING DISTANCE
L1 N 20'09'12" E 67.80' (0)
L2 S 72'41'10" E 40.93' (0)
S 72'37'00" E 40.93' (R)
L3 S 17'52'16" W 62.81' (0)
S 17°47'30" W 62.79' (R)
L4 N 72'38'41" W 64.90' (0)
N 72'38'23" W 65.02' (R)
Line Table
Line# Length Direction
L5 51.69 S24° 07' 48"E
L6 65.87 S7 4 ° 03' 48"E
L7 53.63 S22° 12' 58"E
Chord Length Arc Length
60.79 61.40
65.30 67.45
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ATO2155 OLD SHELL RDSuiteMOBILE, AL 36607 T: 2514718361 F: 2514710410 www.att.comATO2155 OLD SHELL RDSuiteMOBILE, AL 36607 T: 2514718361 F: 2514710410 www.att.comJuly 13, 2017 Larry SmithS. E. Civil Engineering1 S. School StFairhope, Alabama
Dear Mr. Smith,
This letter is in response to your request for information on the availability of AT&T
service at the Van Antwerp North and South Subdivisions.
Attn: Planning and Zoning
RE: Van Antwerp North and South Subdivisions
This letter acknowledges that the above referenced project is located in an area
served by AT&T. Any service arrangements for this location will be subject to later
discussions and agreements between the developer and AT&T. Please be advised
that this letter is not a commitment by AT&T to provide service to the Van Antwerp
North and South Subdivisions but an acknowledgement that we have service in this
area.
Please contact me at the phone number included in this letter if you have any
questions.
Thank you for contacting AT&T.
Sincerely,
Wade Mitchell
MGR OSP Planning & Engineering Design
,~)))
1
Larry Smith
From:Robert Rohm <robert.rohm@cofairhope.com>
Sent:Monday, June 26, 2017 11:39 AM
To:Larry Smith
Subject:RE: Tilles Park Subdivision
Attachments:20170626_103727.pdf
The blue lines are the Gas Main.
From: Larry Smith [mailto:larry@secivil.pro]
Sent: Monday, June 26, 2017 11:27 AM
To: Robert Rohm <robert.rohm@cofairhope.com>
Subject: RE: Tilles Park Subdivision
Robert,
Please let me know if you have gas available. Thanks!
Larry Smith, PE
1 S. School Street
Fairhope, Alabama 36532
251-990-6566 phone
251-928-6045 fax
From: Larry Smith [mailto:larry@secivil.pro]
Sent: Tuesday, June 20, 2017 6:45 AM
To: Joe Wolchina (joew@cofairhope.com); 'robert.rohm@cofairhope.com'
Subject: RE: Tilles Park Subdivision
Joe/Robert,
We are getting ready to submit for the minor subdivision. The subdivision is now called Van Antwerp. I know we have
talked previously about this project, but I cannot find Availability Letters. Can you please provide this to me.
Larry Smith, PE
1 S. School Street
Fairhope, Alabama 36532
251-990-6566 phone
251-928-6045 fax
2
From: Larry Smith [mailto:larry@secivil.pro]
Sent: Friday, February 10, 2017 11:29 AM
To: Joe Wolchina (joew@cofairhope.com); 'robert.rohm@cofairhope.com'
Cc: Mac Walcott (mac@wavarchitects.com)
Subject: Tilles Park Subdivision
Joe/Robert,
I am working with Mac Walcott on his personal project. He is looking at purchasing an 11 acre tract on N. Section. The
project will be built in two phases. The first will be 3 residential lots along an existing road frontage (Mobile). When the
moratorium is lifted, he will proceed with the second phase which consists of approximately 9 more lots, new road, and
utilities. Attached is a concept. He is putting budget numbers together. Can you give me an approximate number for
him to plug in for power and gas for aid to construction cost? Thanks.
Larry Smith, PE
1 S. School Street
Fairhope, Alabama 36532
251-990-6566 phone
251-928-6045 fax
1 S. School Street Fairhope, Alabama 36532 251-990-6566
July 17, 2017
Mr. J. Buford King, LEED AP
Fairhope Planning Department
555 S. Section Street
Fairhope, Alabama 36532
Re: Van Antwerp Park North Paved Road Narrative
Dear Buford:
This letter is to serve as a response to the Planning Department’s comment that the “City of Fairhope
Subdivision Regulations Article V, Section E, Paragraph 3 “Lot Access” states….all lots shall front on a
paved, publicly maintained street.” In an attempt to be as transparent as possible about our intentions for this
project, this is one of the questions we have asked from the beginning of this project. Until your letter, we had
not received an official response to this question, though we have reached out several times to the staff and the
city attorney. There are two parts to your comment. The first is what is considered pavement. The second is
whether or not the existing gravel road is publicly maintained. I believe we have already addressed the
publicly maintained comment with our previous correspondences, but to summarize, during the course of
working on this project, the team has witnessed the public works department out working on this portion of
Pensacola Avenue. The gravel road also contains city stop signs, city street signs and city utilities running
through it. While walking the right of way with the Utilities Department, Curtis made a comment about
having repaired the sewer line running in the right of way. By all means, this public right of way is being
publicly maintained. So I assume the real comment is that the gravel road is not a “paved” road. While
awaiting the City’s response, I did my own research on the topic. After searching through the subdivision
regulations and zoning ordinance, I do not see any definition of paving that requires it to be asphalt or
concrete. Article VI of the Subdivision Regulations, Par. A states “the sub-divider is required to pave all
streets and lanes with a suitable hard surface, all weather type of pavement…” Article V. Section F.11.f (3)
states that “the City finds the potential benefits of permeable pavement systems are, among other items, flow
attenuation, infiltration, and infiltration of stormwater.” Per these two sections, gravel should be allowed in
low volume areas. My own definition is a surface designed to transmit loads to the surface below. This can be
seen in my previous submittals to the City (well before this project) where I have shown details for Gravel
Roads as “Crushed Limestone Paving Detail”. One such submittal is The Citizens Bank on Section Street.
Below are some other definitions:
Paved – To Cover or lay (a road, walk, etc) with concrete, stones, bricks, …so as to make a firm, level
surface (source www.dictionary.com)
Pavement – In civil engineering, durable surfacing of a road, airstrip, or similar area. The primary
function of pavement is to transmit loads to the sub-base and underlying soil. (source Encyclopedia
Britannica, online version)
Secondly, there are currently two lots of record fronting this gravel road. It is my understanding that we could
pull two building permits for residences today for houses on these existing lots. In our two minor divisions,
we are only proposing three lots that only have access to this gravel road. The Van Antwerp Park North
subdivision will have all lots connecting directly to the existing asphalt paved road of Mobile Street. Van
Antwerp Park South will have four lots being developed. One has frontage along the existing asphalt paved
roadway of Pensacola Avenue. The other three will have frontage only along the existing gravel paved road.
S.E. Civil
I I. - -I • •
1 S. School Street Fairhope, Alabama 36532 251-990-6566
We are only adding the potential for one additional access point on the gravel road. We have attached a
conceptual plan for potential driveway locations for reference.
Third, the city has approved the use of gravel roads on several minor subdivisions and even a major
subdivision in the past. Examples include:
Major Subdivision:
The Boardwalk at Bailey’s Creek Subdivision (formerly known as Point Clear Estates) approved in 2005
for Publicly Maintained Right of Way with Gravel Paved Roads serving 19 lots. This is within the ETJ;
however, they have to abide by the City’s Subdivision Regulation and came before the planning
commission. A Re-plat of two of these lots shown on gravel roads was approved in April of 2017.
Minor Subdivisions:
The Preserve at Sweetwater is a 3 lot subdivision of R-1 lots with access via a 30’ Ingress/Egress
Easement approved in 2006. The lots do not front a publicly maintained right of way and have access
via a gravel paved road.
McMillin’s Subdivision is a 2 lot subdivision of R-2 lots approved in 2014. All lots have some frontage
on a publicly maintained right of way. Lot 1 only had 20’ of frontage. The access to lot 1 was proposed
to be via a gravel paved road. Mr. Turner asked if staff had concerns with the gravel access for Lot 1
and Mr. Smith responded no. The motion carried unanimously.
52 N. Church Street Subdivision is a 5-lot minor subdivision approved in 2013. Access to the lots was
proposed to be via a private access easement. The applicant requested a waiver to Article V, Section E
(3) of the Subdivision Regulations requiring that all lots shall front upon a publicly maintained right-of-
way. The motion passed unanimously.
Village Subdivision:
Colony Woods is a 4 lot subdivision approved in 2017. The property is within Fairhope’s ETJ and is
un-zoned. Access would be via Hawthorne Lane which begins as an asphalt paved road and changes to
a gravel paved road. The entire road does not meet the width requirement of the subdivision regulations.
Fourth, if and when a major subdivision occurs on this property a new road will be built. It is our hope and
desire to design a low impact road to wind through existing significant trees within the city right of way. We
would hope that the new regulations being developed would allow for a unique road design for special
circumstances like this. We have attached a conceptual plan showing what a possible road alignment that
might look like trying to protect the existing trees.
Finally, if Staff and the Planning Commission disagree with our interpretation of the subdivision regulations,
we would request a waiver from City of Fairhope Subdivision Regulations Article V, Section E, Paragraph 3
“Lot Access”.
If you have any questions, please let me know.
Sincerely,
Larry Smith, PE
larry@secivil.pro
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---CHAIN LINK FENCE
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FAIRHOPE YACHT CLUB
POBOX1327
FAIRHOPE, AL 36533
ZONEDR-2
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Van Antwerp Park North Subdivision
August 2017
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1 S. School Street Fairhope, Alabama 36532 251-990-6566
July 17, 2017
Mr. J. Buford King, LEED AP
Fairhope Planning Department
555 S. Section Street
Fairhope, Alabama 36532
Re: Van Antwerp Park North Waiver Request
Dear Buford:
We are requesting a waiver from the City of Fairhope Subdivision Regulations Article V, Section V,
Section E, Paragraph 3 “Lot Access” states “…all lots shall front on a paved, publicly maintained street.”
Below are the justifications:
1. An extraordinary hardship may result from strict compliance with these regulations due to
unusual topographic or other physical conditions of the land or surrounding area not generally
applicable to other land areas.
The two existing lots front an existing gravel road. The proposed lots will face Mobile St with the
exception of one lot which will front Pensacola which is an opened right of way. The right of way
of Mobile Street projects directly to this lot and we are proposing installing a +/- 80 feet drive
versus installing a road. The existing right of way of Pensacola Avenue has a gravel road
serving a portion of it, but not this section. We are unsure of who installed the gravel road,
whether it was the city or a residence utilizing the road. There are several large diameter trees
within the right of way and this may have been the determining factor back when the existing
gravel road was approved to serve these lots. The subdivision as proposed will connect the lot
via an approximate 80’ drive through Pensacola Avenue connecting to Mobile Street versus
installing a 300’ drive to connect to the existing gravel road on Pensacola Street.
2. The condition is beyond the control of the sub-divider.
This Right of Way and the existing lots were developed back in 1914. The original sub-divider
was the city. The current sub-divider (Van Antwerp Park, LLC) did not create this right of way,
nor did they create the original residential lots on this right of way. In this case, the city created
the right of way, carved out the residential lots yet did not pave the roads. Dirt and gravel roads
were the norm back then. Over time, the city has changed dirt and gravel roads to asphalt roads
with curb and gutter. During that process, the city chose not to pave this road. I would assume
this was due to the low volume of traffic and determining the cost was not justified.
S.E. Civil
• • • • --
1 S. School Street Fairhope, Alabama 36532 251-990-6566
3. The requested waiver will not have the effect of nullifying the purpose and intent of the
regulations, the Zoning Ordinance, or the Comprehensive Plan.
This waiver will not nullify the purpose and intent of the regulations, the Zoning Ordinance, or
the Comprehensive Plan in that all lots will continue to front a publicly maintained right of way.
As discussed in the Paved Road Narrative, this right of way is maintained by the public works
department, has public utilities running through it, and has City Street Signs. The question is
whether gravel is acceptable. In the Paved Road Narrative, we have provided several examples
of where the city has deemed these gravel roads as acceptable to serve lots. This waiver request
will allow a single residential lot to project across the right of way of Pensacola Avenue with a
drive about 80 feet to access Mobile Street.
4. The waiver is the minimum deviation from the required standard necessary to relieve the
hardship.
This waiver is the minimum deviation to relieve the hardship. We are merely requesting that the
lot be able to access the Mobile Street via an existing right of way.
5. The waiver shall not have an adverse effect on adjacent landowners, or future landowners, or the
public.
This waiver will not have an adverse effect on adjacent landowner, or future landowners, or the
public. As for adjacent landowners (and future landowners)that front Pensacola Avenue they
will be able to continue to use the existing gravel road serving their residence. Land owners that
do not front this gravel road will not notice any change other than a new residential driveway.
As for the public, the biggest impact would be for us to create a new public asphalt road and
drainage system to serve one additional lot. That would be a large maintenance burden on the
public for just one additional lot served. By granting this waiver, you ease the burden on the
public. To not approve this waiver would actually have an adverse effect on the adjacent
landowners because the city would be stating that gravel roads serving residential lots are not
acceptable within the public right of way. What would that mean for the existing house being
served by the gravel road? Would the city require them to pave it? Would the city come in and
pave it? Would the city shut down the gravel road?
6. The waiver is necessary so that substantial justice is done.
This waiver is necessary so that substantial justice is done. Over the years, the city has chosen
not to pave this right of way, even though they have done so around all the other road systems
within Fairhope. The decision could not have been made because of the lack of residential lots,
as there are 5 lots that have frontage along it. One residence currently uses this as their only
means of ingress and egress. I would guess the city chose not to pave this because the cost
wasn’t justified by the low volume of traffic. To ask a citizen to do what the city has been
unwilling to do, would be an injustice.
1 S. School Street Fairhope, Alabama 36532 251-990-6566
If you have any questions, please let me know.
Sincerely,
Larry Smith, PE
larry@secivil.pro
1 SD 17.17 Van Antwerp Park South – August 7, 2017
City of Fairhope
Planning Commission
August 7, 2017
Case: SD 17.17 Van Antwerp Park South
Project Name:
Van Antwerp Park South
Project Type:
Minor Subdivision
Jurisdiction:
Fairhope Corporate Limits
Zoning District:
R‐2 Medium Density Single
Family Residential District
PPIN Number:
18772
General Location:
N. Mobile Street and Pensacola
Avenue
Engineer:
S.E. Civil Engineering, LLC
Owner:
Van Antwerp Park, LLC
School District:
Fairhope Elementary School
Fairhope Middle School
Fairhope High School
Recommendation:
1. Decline to accept due to
moratorium;
2. Denial
2 SD 17.17 Van Antwerp Park South – August 7, 2017
Note: The applicant currently has made this application and applications for SD 17.19 (replat) and SD
17.16 (another 4 lot a minor subdivision). On the advice of the Commission’s counsel, the
development proposed by these applications is subject to the moratorium currently in effect under
Ordinances 1588 and 1597. Accordingly, it is recommended that the Commission decline to accept or
consider this application.
Summary of Request:
Public hearing to consider the request of S.E. Civil Engineering, LLC for plat approval of Van Antwerp
Park South, a 4‐lot minor subdivision.
Comments:
All associated Investors: All associated investors have been provided. The sole owner
is Van Antwerp, LLC.
Lot standards: The property is currently zoned R‐2.
Lot Access: All lots front on the southern portion of Pensacola Avenue, an unpaved,
publicly maintained dirt/gravel trail. Please note the following:
o City of Fairhope Subdivision Regulations Article V, Section E.3.a. states “…all lots
shall front upon a paved, publicly maintained street. Double frontage lots are
prohibited, except where lots consist of more than 66% of a block.”
o City of Fairhope Subdivision Regulations Article VI, Section B states “The sub‐
divider is required to pave all streets and lanes with a suitable hard surface, all
weather type of pavement in compliance with city standards and the
requirements of Chapter 19 of the Code of Ordinances, as amended.”
o City of Fairhope Subdivision Regulations Article VI, Section B.4. further states
“Wearing Surface shall consist of a surface course constructed with asphaltic
concrete…”
o As previously stated the southern portion of Pensacola Avenue is an unpaved
dirt/gravel trail. To meet the frontage requirements of Article V, Section E.3.a.,
Pensacola Avenue must be paved as described in Article VI, Section B.
City of Fairhope Zoning Ordinance Article II offers the following
definition of a Major Subdivision:
“…any size subdivision requiring any new street, drainage, or
other public improvement.”
Based upon the various definitions stated above paving the southern
portion of Pensacola Avenue requires public improvement within the
purview of a major subdivision.
Structures: No existing structures are currently located on the subject property.
Natural Features: Staff examined USDA’s Web Soil Survey and Wet Loamy hydric soils
are shown on the site near the unnamed creek. The application includes supporting
documents including soil boring logs as well as a wetland ground survey conducted by
Wetland Resources Environmental Consulting. Wetland Resources indicated that no
wetlands were found on the subject property, however Wetland Resources
recommends that a wetland determination be performed by the U.S. Army Corps of
Engineers.
3 SD 17.17 Van Antwerp Park South – August 7, 2017
Easements: 15’ drainage and utility easements on rear lot lines as well as 7.5’ drainage
and utility easements on side lot lines are noted on the plat.
Storm water Standards: Drainage requirements at the time of building permit request
are noted on the plat. Staff examined the FEMA flood map for the area of the subject
property and the unnamed creek crossing the subject property falls within zone “AE”.
The balance of the subject property falls within zone “X”. The application includes a
conceptual storm water management plan as a supporting document. The application
notes that each individual lot will be required by a subdivision covenant to prepare an
engineered storm water management plan. The conceptual storm water management
plan will serve as a guiding document for the individual storm water plan of each lot.
Various low impact development (LID) techniques are included in the conceptual storm
water management plan.
BMP Plan: BMP plan requirement prior to issuance of a building permit is noted on the
plat.
Fire Flow: A fire flow model was submitted. Dan McCrory, Water and Sewer
Superintendent, has approved the flow model.
Utility Letters: Utility availability letters have been provided. All utilities in all proposed
subdivisions shall be installed underground.
Water and Sewer: A note stating, “All required testing shall be submitted at the time of
building permit” is contained on the plat.
Recorded Plat: Applicant is advised that all conditions of approval shall be satisfied in a
timely manner, so that final plat may be recorded within a 60‐day time frame, per the
City of Fairhope Subdivision Regulations.
Other: The subject property is not a Single Tax Colony property.
Additional Background Information:
Minor subdivision applications for Van Antwerp Park North and Van Antwerp Park South were received
by staff on June 26, 2017. Staff submitted review letters to S.E. Civil Engineering, LLC/Van Antwerp LLC
on July 6, 2017. S.E. Civil Engineering, LLC/Van Antwerp LLC (applicant) provided a review letter
response package dated July 17, 2017. The applicant’s response to staff’s review letters further
illuminates a proposed replat which the applicant contends are two existing lots, identified as Parcels
“A” and “B”. Upon legal advisement staff has determined the replat must be considered by the
Planning Commission.
The requested replat (SD 17.19) is a predicate for the two minor subdivisions, this SD 17.17 and SD
17.16, as the replatted lots would become the parent tracts for the two minor subdivisions. There is
currently in place a moratorium on subdivisions. While a replat or a minor subdivision are exceptions
to the moratorium, on the advice of the Commission’s counsel the stacking of these exceptions, such
as here proposed by the applicant, is not within the intent of the moratorium ordinance. We are
advised that the Commission’s counsel has consulted with the City Attorney who concurs in that
conclusion.
All lots of the proposed subdivision front an open, but unpaved section of Pensacola Avenue.
Construction of a paved street meeting the requirement of City of Fairhope Subdivision
Regulations Article VI, Section B.4. requires public improvement, which falls within the purview
of a Major Subdivision rather than a Minor Subdivision. The applicant has requested a waiver
of City of Fairhope Subdivision Regulations Article V, Section E, Paragraph 3 “Lot Access”.
Staff’s understanding of the City of Fairhope Subdivision Regulations is that serial or concurrent
minor subdivision applications are not the intent of the subdivision regulations. However, serial
4 SD 17.17 Van Antwerp Park South – August 7, 2017
or concurrent applications are not expressly authorized or prohibited. The concurrent
applications for the replat and two minor subdivision applications for Van Antwerp Park North
and Van Antwerp Park South may be interpreted as creating a major subdivision. Additionally,
Van Antwerp Park North (by including the 7 acre, Lot 4 common area) and Van Antwerp South
(by including the 2 acre, Lot 1 with 500 feet of frontage) have the appearance of phases within
a major subdivision.
Recommendation:
Staff recommends DENIAL of the minor subdivision application. The applicant submitted a
replat (SD 17.19) and two minor subdivision applications for Van Antwerp Park North (case
number SD 17.16) and Van Antwerp Park South (case number SD 17.17). The requested replat,
which is a predicate for the two minor subdivisions, does not qualify as such. Denial of the
replat of the property prevents the creation of the proposed Parcels A and B which are the
parent tracts for the proposed minor subdivisions. Further, public improvements necessary to
pave the southern portion of Pensacola Avenue fall within the purview of a major subdivision,
not a minor subdivision. However, the applicant has requested a waiver of City of Fairhope
Subdivision Regulations Article V, Section E, Paragraph 3 “Lot Access”.
Site Photos:
Pensacola Avenue Looking Northwest Intersection of Pensacola Avenue and
Tensaw Avenue
Subject Property Looking North from
Pensacola Avenue
Subject Property Looking Northeast from
Pensacola Avenue
Van Antwerp Park South
Minor Subdivision Request and Response to Comments
Submitted to the
Fairhope Planning Commission
July 17, 2017
WALCOTT
ADAMS
VERNEUILLE
ARCHITECTS
VAN ANTWERP PARK
FAIRHOPE , ALABAMA
1 S. School Street Fairhope, Alabama 36532 251-990-6566
July 17, 2017
Mr. J. Buford King, LEED AP
Fairhope Planning Department
555 S. Section Street
Fairhope, Alabama 36532
Re: Van Antwerp Park South Transmittal Letter
Dear Buford:
Thank you for your review and comments. Attached are the following documents:
1. Response letter to comments provided
2. Van Antwerp Park South Subdivision Plat
3. Van Antwerp Park Re-plat
4. AT&T will serve letter
5. Natural gas email regarding availability
6. Paved road narrative
7. Waiver request
8. Original application submittal for reference for the Planning Commission. Please forward the
entire booklet to the Planning Commission.
If you have any questions, please let me know.
Sincerely,
Larry Smith, PE
larry@secivil.pro
Civil
1 S. School Street Fairhope, Alabama 36532 251-990-6566
July 17, 2017
Mr. J. Buford King, LEED AP
Fairhope Planning Department
555 S. Section Street
Fairhope, Alabama 36532
Re: Van Antwerp Park South Response to Comments Provided
Dear Buford:
Thank you for your review and comments. Below is a response to the comments provided.
1. Utilities: Please provide a letter verifying the availability or non-availability of natural gas and
telephone service to the subject project.
Response: Availability letters for both natural gas and AT&T have now been emailed. They are
attached to the resubmittal as well.
2. Drawings: Please submit a digital copy of all drawings in Adobe pdf format.
Response: PDF’s of the entire package were provided including all drawings. With the
resubmittal, we have included all updated plans as well.
3. Finished Floor Elevations: Please provide the minimum finished floor elevations for every lot.
Response: We have provided a note on the plat regarding required finished floor elevations and
Erik Cortinas has approved the wording of the note.
4. Major Subdivision: City of Fairhope Subdivision Regulations Article II, “Definitions” defines a
Major Subdivision as “major subdivision not classified as a minor subdivision, including but not
limited to subdivisions of five (5) or more lots, including remant parcels, or any size subdivision
requiring any new street, drainage, or other public improvement”. The proposed minor
subdivision consists of four (4) new parcels and one (1) remnant parcel, for a total of five (5)
parcels. In addition, City of Fairhope Subdivision Regulations Article V, SectionV, Section E,
Paragraph 3 “Lot Access” states “…all lots shall front on a paved, publicly maintained street.”
The portion of Pensacola Avenue fronting the proposed lots of Van Antwerp Park South is an
unpaved gravel road.
Response: Per our conversation, there are two lots of record currently that will be re-platted to
change the lot lines to create the boundaries of the extents of the North and South projects. There
will be no remnant parcel. As for the second part of the comment, please see the Pavement
Narrative and Waiver Request Letter.
S.E. Civil
• • • • --
1 S. School Street Fairhope, Alabama 36532 251-990-6566
If you have any questions, please let me know. Sincerely, Larry Smith, PE
larry@secivil.pro ~
Karin Wilson
.llayor
Wllllci/ .I/embers
Ke\in G. Boone
Hoben A. Brown
Jack Burrell, ACMO
Jimmy Conye1S
Jay Robinson
Llsa A. Hanks , MMC
OQ•Clok
Deborah A. Smilh. CPA
Ci[J 'TmlsW'l'T
161 Nonh Section Street
P.O. Drawer 429
Fairhope, Alabama 365-3
251-92 8--21-6
T l -92 8-6776 Fa'i'.
mnvJairhopeal.gO\'
Prr::ud D."f l?C)'Ckd popo
July 6, 2017
Mr. Larry Smith
S.E. Civil, LLC
1 S. School Street
Fairhope, AL 36532
RE: SD 17.17 Van Antwerp Park South Minor Subdivision
Dear Mr. Smith,
The following review letter is derived from various components of the City of
Fairhope Zoning Ordinance and/ or staff recommendations. Additional
comments may be depicted on "marked-up" plans. Please address all outstanding
items indicated in this letter as well as on marked-up plans by the date and time
indicated below.
Utilities: Please provide a letter verifying the availability or non-availability of
natural gas and telephone service to the subject property.
Drawings: Please submit a digital copy of all drawings in Adobe pdf format.
Finished Floor Elevations: Please provide the minimum finished floor elevations
for every lot.
Major Subdivision: City of Fairhope Subdivision Regulations Article IL
"Definitions" defines a Major Subdivision as "major subdivision not classified as
a minor subdivision, including but not limited to subdivisions of five (5) or more
lots , including remnant parcels, or any size subdivision requiring any new street,
drainage, or other public improvement".
The proposed minor subdivision consists of four (4) new parcels and one (1)
remnant parcel, for a total of five (5) parcels. In addition, City of Fairhope
Subdivision Regulations Article V, Section E, Paragraph 3 "Lot Access" states
" ... all lots shall front on a paved, publicly maintained street." The portion of
Pensacola Avenue fronting the proposed lots of Van Antwerp Park South is an
unpaved gravel road.
As-submitted, Van Antwerp Park South fails to meet the characteristics of a
minor subdivision due to the number of proposed lots and absence of the lots
fronting a paved, publicly-maintained street.
The application is scheduled for Planning Commission consideration on Monday,
August 7, 2017. A response to this letter is required no later than 3: 00 PM on
Monday, July 17, 2017. If the deadline passes with no response, the application
will be withheld from the agenda due to an incomplete application. Please
Karin Wilson
Jf'!)'l'r
COIIlldl Alonbers
Kevin G. Boone
Robert A. Brown
Jack Burrell , ACMO
flDllllY Conyers
jay Robinson
Llsa A. Hanks , MMC
CityCluk
Deborah A. Smith , CPA
0-Q' Ttea.suru
161 North Section Street
P.O. Drawer 429
Fairhope, Alabama 36533
251-928-2136
25 1-928-6776 Fax
www.fairhopeal.go1·
PnR1Xd on rrr;yc/LJJ papu
provide eighteen (18) copies of the plans in 11 x 17 fonnat as well as Adobe pdf
fonnat on a compact disc.
The City of Fairhope reserves the right to make additional comments to this
application prior to the Planning Commission meeting date.
Please feel free to contact me at (251) 929-7436 with questions. I will also be
happy to meet with you to discuss in greater detail.
Respectfully,
l~i ~ng, LEED AF
Planner
City of Fairhope
CERTIFICATION OF SURVEYOR & DESCRIPTION OF PROPERTY
BALDWIN COUNTY
ALABAMA
PARCEL "A"
BEGINNING AT INTERSECTION OF THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE AND THE
SOUTHEASTERN MARGIN OF MOBILE AVENUE, SAID POINT POINT MARKED BY A CRIMP TOP IRON PIPE AND
ALSO BEING THE NORTHERN MOST CORNER OF BLOCK 18, VOLANTA, AS RECORDED IN MISCELLANEOUS BOOK
1, PAGE 341 IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA; THENCE SOUTH 70"10'05"
EAST A DISTANCE OF 236.40 FEET ALONG THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO A POINT
MARKED BY AN OPEN TOP IRON PIPE; THENCE SOUTH 24"55'45" EAST A DISTANCE OF 516.32 FEET ALONG SAID
SOUTHWESTERN MARGIN TO THE NORTHWESTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT
MARKED BY A CRIMP TOP IRON PIPE; THENCE SOUTH 20"09'12" WEST A DISTANCE OF 637.96 FEET ALONG SAID
NORTHWESTERN MARGIN TO THE NORTHEASTERN MARGIN OF PENSACOLA STREET, SAID POINT MARKED BY A
CAPPED IRON ROD (REBAR); THENCE NORTH 24"46'44" WEST A DISTANCE OF 850.68 FEET ALONG SAID
NORTHEASTERN MARGIN OF PENSACOLA STREET TO THE AFOREMENTIONED SOUTHEASTERN MARGIN OF
MOBILE AVENUE, SAID POINT MARKED BY AN ANGLE IRON; THENCE NORTH 19"58'50" EAST A DISTANCE OF
398.97 FEET ALONG SAID SOUTHEASTERN MARGIN OF MOBILE AVENUE TO THE POINT OF BEGINNING. PARCEL
CONTAINS 354853 SQUARE FEET (8.15 ACRES), MORE OR LESS.
PARCEL "B"
COMMENCING AT INTERSECTION OF THE NORTHEASTERN MARGIN OF PENSACOLA STREET AND THE
SOUTHEASTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT POINT MARKED BY A CAPPED IRON
ROD (REBAR) AND ALSO BEING THE WEST MOST CORNER OF BLOCK 23, VOLANTA, AS RECORDED IN
MISCELLANEOUS BOOK 1, PAGE 341 IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA;
THENCE NORTH 20"09'12" EAST A DISTANCE OF 67.80 FEET ALONG THE SOUTHEASTERN MARGIN OF THE
RELOCATED TENSAW AVENUE TO THE POINT OF BEGINNING, SAID POINT MARKED BY A CAPPED IRON ROD
(REBAR); THENCE CONTINUE ALONG THE SOUTHEASTERN MARGIN OF THE RELOCATED TENSAW AVENUE,
NORTH 20"09'12" EAST A DISTANCE OF 570.50 FEET TO THE INTERSECTION WITH THE SOUTHWESTERN MARGIN
OF RAILROAD AVENUE, SAID POINT MARKED BY A CRIMP TOP IRON PIPE; THENCE SOUTH 24"55'45" EAST A
DISTANCE OF 388.81 FEET ALONG THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO THE
NORTHWESTERN MARGIN OF SECTION STREET, SAID POINT MARKED BY A CRIMP TOP IRON PIPE; THENCE
SOUTH 17"56'17" WEST A DISTANCE OF 50.39 FEET ALONG SAID NORTHWESTERN MARGIN OF SECTION STREET
TO A POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE DEPART SAID NORTHWESTERN MARGIN, NORTH
72"38'41" WEST A DISTANCE OF 64.90 FEET TOA POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE
SOUTH 17"52'16" WEST A DISTANCE OF 62.81 FEET TO A POINT MARKED BY A CAPPED IRON ROD (REBAR);
THENCE SOUTH 72"41'10" EAST A DISTANCE OF 40.93 FEET TO THE SOUTHERN MARGIN OF THE VACATED
TENSAW AVENUE, SAID POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE SOUTH 65"52'12" WEST A
DISTANCE OF 257.56 FEET ALONG THE SOUTHERN MARGIN OF THE VACATED TENSAW AVENUE TO A POINT
MARKED BY A CAPPED IRON ROD (REBAR); THENCE DEPART SAID VACATED TENSAW AVENUE NORTH 71 "21 '23"
WEST A DISTANCE OF 71.47 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 94912 SQUARE FEET (2.18
ACRES), MORE OR LESS.
VACATED TENSAW AVENUE
COMMENCING AT INTERSECTION OF THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE AND THE
SOUTHEASTERN MARGIN OF MOBILE AVENUE, SAID POINT POINT MARKED BY A CRIMP TOP IRON PIPE AND
ALSO BEING THE NORTHERN MOST CORNER OF BLOCK 18, VOLANTA, AS RECORDED IN MISCELLANEOUS BOOK
1, PAGE 341 IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA; THENCE SOUTH 70"10'05"
EAST A DISTANCE OF 236.40 FEET ALONG THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO A POINT
MARKED BY AN OPEN TOP IRON PIPE; THENCE SOUTH 24"55'45" EAST A DISTANCE OF 516.32 FEET ALONG SAID
SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO THE NORTHWESTERN MARGIN OF THE RELOCATED
TENSAW AVENUE, SAID POINT MARKED BY A CRIMP TOP IRON PIPE AND ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 24"55'45" EAST A DISTANCE OF 93.24 FEET ALONG SAID SOUTHWESTERN MARGIN OF
RAILROAD AVENUE TO THE SOUTHEASTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT
MARKED BY A CRIMP TOP IRON PIPE; THENCE SOUTH 20"09'12" WEST A DISTANCE OF 638.31 FEET ALONG SAID
SOUTHEASTERN MARGIN OF THE RELOCATED TENSAW AVENUE TO THE NORTHEASTERN MARGIN OF
PENSACOLA STREET, SAID POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE NORTH 24"46'44" WEST A
DISTANCE OF 93 .49 FEET ALONG SAID NORTHEASTERN MARGIN OF PENSACOLA STREET TO THE
NORTHWESTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT MARKED BY A CAPPED IRON ROD
(REBAR); THENCE NORTH 20"09'12" EAST A DISTANCE OF 637.96 FEET ALONG SAID NORTHWESTERN MARGIN OF
THE RELOCATED TENSAW AVENUE TO THE POINT OF BEGINNING. PARCEL CONTAINS 42135 SQUARE FEET (0.97
ACRES), MORE OR LESS.
I HEREBY CERTIFY THAT ALL PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN ACCORDANCE
WITH THE CURRENT REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF
ALABAMA TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
DANIEL D. CLARK
ALABAMA LICENSE# 27720
DATE
Van Antwerp Park South Subdivision
CERTIFICATE OF APPROVAL BY THE
FAIRHOPE PLANNING COMMISSION
THE WITHIN PLAT OF VAN ANTWERP PARK SOUTH SUBDIVISION, FAIRHOPE, ALABAMA, IS
HEREBY APPROVED BY THE FAIRHOPE PLANNING COMMISSION.
THIS THE DAY OF ___ ,, 2017.
AUTHORIZED SIGNATURE
CERTIFICATE OF APPROVAL BY AT&T
THE UNDERSIGNED, AS AUTHORIZED BY AT&T, DO HEREBY APPROVE THE WITHIN PLAT FOR
RECORDING OF SAME IN THE PROBATE OFFICE OF BALDWIN COUNTY, ALABAMA.
DATED THIS THE DAY OF _______ , 2017.
AUTHORIZED SIGNATURE
CERTIFICATION OF ENGINEER
STATE OF ALABAMA
COUNTY OF BALDWIN
I, THE UNDERSIGNED, A REGISTERED ENGINEER IN THE STATE OF ALABAMA, HOLDING
CERTIFICATE NUMBER 26348, HEREBY CERTIFY THAT I HAVE DESIGNED THE WITHIN
IMPROVEMENTS IN CONFORMITY WITH APPLICABLE CODES AND LAWS AND WITH THE
PRINCIPALS OF GOOD ENGINEERING PRACTICE. I FURTHER CERTIFY THAT I HAVE OBSERVED
THE CONSTRUCTION OF THE WITHIN IMPROVEMENTS, THAT THE SAME CONFORMS TO MY
DESIGN, THAT THE WITHIN IS A TRUE AND ACCURATE REPRESENTATION OF IMPROVEMENTS
AS INSTALLED AND THAT SAID IMPROVEMENTS ARE HEREBY RECOMMENDED FOR
ACCEPTANCE BY THE CITY OF FAIRHOPE, ALABAMA.
DATED THIS THE DAYOF _____ ~2017.
THOMAS LARRY SMITH, P.E.
ALA. LIC. NO. 26348
NAME OF PROJECT: VAN ANTWERP PARK SOUTH SUBDIVISION
PLANS WHICH ARE CERTIFIED CONSISTS OF PAGE 1 THRU 6 EACH OF WHICH BEARS MY SEAL
AND SIGNATURE.
August 2017
VICINITY MAP (NOTTO SCALE)
CERTIFICATION OF OWNERSHIP AND DEDICATION
STATE OF ALABAMA
COUNTY OF BALDWIN
I, CARSWELL WALCOTT, MANAGING MEMBER OF VAN ANTWERP PARK LLC, HEARBY STATE
THAT WE ARE THE OWNERS OF THE WITHIN DESCRIBED LANDS, SAID LANDS BEING OWNED
FEE SIMPLE. I, CARSWELL WALCOTT, WHOSE NAME AS MANAGING MEMBER, HAVE CAUSED
THE SAME TO BE SURVEYED AND SUBDIVIDED AS INDICATED HEREON, FOR THE USES AND
PURPOSES HEREIN SET FORTH AND DO HEREBY ACKNOWLEDGE AND ADOPT THE SAME
UNDER THE DESIGN AND TITLE HEREON INDICATED; AND GRANT ALL EASEMENTS AND
DEDICATE ALL STREETS, ALLEYS, WALLS, PARKS, AND OTHER OPEN SPACES TO PUBLIC OR
PRIVATE USE AS NOTED, TOGETHER WITH SUCH RESTRICTIONS AND COVENANTS NOTED
BELOW OR ATTACHED IN A SEPARATE LEGAL DOCUMENT.
DATED THIS THE DAYOF _____ ~2017.
VAN ANTWERP PARK, LLC
BY: ______________ _
CARSWELL WALCOTT, rrs MANAGING MEMBER
CERTIFICATION OF NOTARY PUBLIC
STATE OF ALABAMA
COUNTY OF BALDWIN
I, -------~A NOTARY PUBLIC IN AND FOR SAID STATE AND COUNTY, HEREBY
CERTIFY THAT CARSWELL WALCOTT, WHOSE NAME IS SUBSCRIBED TO THE CERTIFICATE OF
OWNERSHIP AND DEDICATION, APPEARED BEFORE ME ON THIS DAY, IN PERSON, HEREBY
ACKNOWLEDGE THAT HE SIGNED, SEALED AND DELIVERED SAID INSTRUMENT AT HIS FREE
AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH.
GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS THE ___ DAY OF ______ ,, 2017,
NOTARY PUBLIC
MY COMMISSION EXPIRES: ______ _
SITE DATA:
1. ACREAGE IN TOTAL TRACT: 137,912 SQ. FT. (3.17 ACRES, MORE OR LESS)
2. SMALLEST LOT SIZE: 14,764 SQ. FT. (0.34 ACRES, MORE OR LESS)
3. TOTAL NUMBER OF LOTS: 4
4. PROPERTY ZONED: R-2, (CITY OF FAIRHOPE)
NOTES:
1. TYPE OF SURVEY: SUBDIVISION
2. ALL CAPPED REBAR SET ARE SMITH, CLARK (CA: 896)
3. RECORD DIMENSIONS BASED ON PLAT OF SURVEY PROVIDED BY THE
CLIENT.
4. THE LOTS ARE SERVED BY:
AT&T-TELEPHONE
CITY OF FAIRHOPE FOR POWER, WATER, SEWER, AND GAS.
5. BUILDING SETBACKS:
FRONT YARD= 35 FEET
REAR YARD= 35 FEET
SIDE YARD= 10 FEET
SIDE STREET = 20 FEET
UNLESS OTHERWISE NOTED.
6. DRAINAGE SHALL BE REQUIRED AT THE TIME OF BUILDING PERMIT.
7. A BMP PLAN IS REQUIRED PRIOR TO ISSUANCE OF A BUILDING PERMIT.
8. ALL REQUIRED TESTING SHALL BE SUBMITTED AT THE TIME OF
BUILDING PERMIT.
9. A LOTS HAVE A 15 FOOT DRAINAGE AND UTILITY EASEMENT ON SIDE
AND REAR LOT LINES UNLESS OTHERWISE SHOWN. INTERIOR LOT
LINES, THE EASEMENT WILL BE 7.5 FEET ON EACH SIDE.
10. THE FINISHED FLOOR ELEVATION OF THE LOTS SHALL BE FIFTEEN (15)
INCHES ABOVE THE HIGHEST FINISHED GRADE AROUND THE BUILDING
FOOTPRINT.
LANDOWNER:
VAN ANTWERP PARK, LLC
12330 LIVE OAK STREET
FAIRHOPE, AL 36532
ENGINEER:
S.E. CIVIL, LLC
THOMAS LARRY SM 1TH, PE
AL LICENSE NO. 26348
1 S. SCHOOL STREET
FAIRHOPE, AL 36532
SURVEYOR:
SMITH, CLARK &ASSOCIATES
DANIEL D. CLARK, PLS
AL LICENSE NO. 27720
11111 USHWY31,SUITEE
SPANISH FORT, AL 36527
CERTIFICATE OF APPROVAL BY THE CITY OF FAIRHOPE-WATER & SEWER
THE UNDERSIGNED, AS AUTHORIZED BY THE FAIRHOPE UTILITIES, DO HEREBY APPROVE THE
WITHIN PLAT FOR RECORDING OF SAME IN THE PROBATE OFFICE OF BALDWIN COUNTY,
ALABAMA.
DATED THIS THE DAY OF _______ , 2017.
AUTHORIZED SIGNATURE
CERTIFICATE OF APPROVAL BY THE CITY OF FAIRHOPE-POWER
THE UNDERSIGNED, AS AUTHORIZED BY THE FAIRHOPE UTILITIES, DO HEREBY APPROVE THE
WITHIN PLAT FOR RECORDING OF SAME IN THE PROBATE OFFICE OF BALDWIN COUNTY,
ALABAMA.
DATED THIS THE DAY OF------~ 2017.
AUTHORIZED SIGNATURE
CERTIFICATE OF APPROVAL BY THE CITY OF FAIRHOPE-GAS
THE UNDERSIGNED, AS AUTHORIZED BY THE FAIRHOPE UTILITIES, DO HEREBY APPROVE THE
WITHIN PLAT FOR RECORDING OF SAME IN THE PROBATE OFFICE OF BALDWIN COUNTY,
ALABAMA.
DATED THIS THE DAY OF------~ 2017.
AUTHORIZED SIGNATURE
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SCALE
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LEGEND
11.CRF
11.C)F
11.011'
11.RBF
11.IPf
eCRS
(R)
(0)
R.0.W.
P.O.C.
P.OB.
CAPPED IRON ROD FOUND
CR!MPED TOP PIPE FOUND
OPEN TOP IRON PIPE FOUND
REBAR IRON FOUND
IRON PIN FOUND
CAPPED IRON ROD SET
RECORD
OBSERVED
R!GHTOFWAY
POlm' OF COMMENCEMENT
POlm' OF BEGINNING
---CHAIN LINK FENCE
---WIRE FENCE
---WOOD FENCE
LIGHT POLE
POWER POLE
;Q'.tp
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■
■
ELECTRICAL TRANSFORMER
TELEPHONE PEDESTAL
CABLE TV BOX I STORM WATER MANHOIE
STORM DRAIN INLET
AFH FIRE HYDRANT
■ WATER METER
/>Cl WV WATER VALVE
® SANITARY SEWER MANHOLE
---SANITARY SEWER LINE
---GASL/NE
---WATERLINE
---OVERHEAD POWER LINE
---OVERHEAD TELEPHONE LINE
---UNDERGROUND POWER
---UNDERGROUND TELEPHONE
GAS VALVE
TREEIEGEND
I
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MAGNOLIA TREE
OAK TREE
PINE TREE
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05-46,-03-37-0-D01-038. 000
FAIRHOPE YACHT CLUB
POBOX1327
FAIRHOPE, AL 36533
ZONEDR-2
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Van Antwerp Park South Subdivision
August 2017
/
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60SCALE
/
60 120
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Curve# Radius
C3 76.69
C2 125.05
C1 125.05
240
VICINITY MAP (NOT TO SCALE)
/
/
/
Curve Table
Delta Angle Chord Direction
50°23'18" S51°18'13"E
21°46'38" N63°09'47"W
28°07'59" N38'12'29"W
LINE BEARING DISTANCE
L1 N 20°09'12" E 67.80' (0)
L2 S 72°41 '10" E 40.93' (0)
S 72°37'00" E 40.93' (R)
L3 S 17°52'16"W 62.81' (0)
S 17°47'30"W 62.79' (R)
L4 N 72°38'41" W 64.90' (0)
N 72°38'23" W 65.02' (R)
Line Table
Line# Length Direction
L5 51.69 S24° 07' 48"E
L6 65.87 S7 4 ° 03' 48"E
L7 53.63 S22° 12' 58"E
Chord Length Arc Length
65.30 67.45
47.25 47.53
60.79 61.40
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20170316
DRAWN
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2 of 2
CERTIFICATION OF SURVEYOR & DESCRIPTION OF PROPERTY
BALDWIN COUNTY
ALABAMA
PARCEL "A"
BEGINNING AT INTERSECTION OF THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE AND THE
SOUHlEASTERN MARGIN OF MOBILE AVENUE, SAID POINT POINT MARKED BY A CRIMP TOP IRON PIPE AND
ALSO BEING THE NORTHERN MOST CORNER OF BLOCK 18, VOLANTA, AS RECORDED IN MISCELLANEOUS BOOK
1, PAGE 341 IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA; THENCE SOUTH 70°10'05"
EAST A DISTANCE OF 236.40 FEET ALONG THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO A POINT
MARKED BY AN OPEN TOP IRON PIPE; THENCE SOUTH 24°55'45" EAST A DISTANCE OF 516.32 FEET ALONG SAID
SOUTHWESTERN MARGIN TO THE NORTHWESTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT
MARKED BY A CRIMP TOP IRON PIPE; THENCE SOUTH 20°09'12" WEST A DISTANCE OF 637.96 FEET ALONG SAID
NORTHWESTERN MARGIN TO THE NORTHEASTERN MARGIN OF PENSACOLA STREET, SAID POINT MARKED BY A
CAPPED IRON ROD (REBAR); THENCE NORTH 24"46'44" WEST A DISTANCE OF 850.68 FEET ALONG SAID
NORTHEASTERN MARGIN OF PENSACOLA STREET TO THE AFOREMENTIONED SOUTHEASTERN MARGIN OF
MOBILE AVENUE. SAID POINT MARKED BY AN ANGLE IRON; THENCE NORTH 19"58'50" EAST A DISTANCE OF
398.97 FEET ALONG SAID SOUTHEASTERN MARGIN OF MOBILE AVENUE TO THE POINT OF BEGINNING. PARCEL
CONTAINS 354853 SQUARE FEET (8.15 ACRES), MORE OR LESS.
PARCEL "B"
COMMENCING AT INTERSECTION OF THE NORTHEASTERN MARGIN OF PENSACOLA STREET AND THE
SOUTHEASTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT POINT MARKED BY A CAPPED IRON
ROD (REBAR) AND ALSO BEING THE WEST MOST CORNER OF BLOCK 23, VOLANTA, AS RECORDED IN
MISCELLANEOUS BOOK 1, PAGE 341 IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA;
THENCE NORTH 20"09'12" EAST A DISTANCE OF 67.80 FEET ALONG THE SOUTHEASTERN MARGIN OF THE
RELOCATED TENSAW AVENUE TO THE POINT OF BEGINNING, SAID POINT MARKED BY A CAPPED IRON ROD
(REBAR); THENCE CONTINUE ALONG THE SOUTHEASTERN MARGIN OF THE RELOCATED TENSAW AVENUE,
NORTH 20"09'12" EAST A DISTANCE OF 570.50 FEET TO THE INTERSECTION WITH THE SOUTHWESTERN MARGIN
OF RAILROAD AVENUE, SAID POINT MARKED BY A CRIMP TOP IRON PIPE; THENCE SOUTH 24"55'45" EAST A
DISTANCE OF 388.81 FEET ALONG THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO THE
NORTHWESTERN MARGIN OF SECTION STREET, SAID POINT MARKED BY A CRIMP TOP IRON PIPE; THENCE
SOUTH 17"56'17" WEST A DISTANCE OF 50.39 FEET ALONG SAID NORTHWESTERN MARGIN OF SECTION STREET
TO A POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE DEPART SAID NORTHWESTERN MARGIN, NORTH
72"38'41" WEST A DISTANCE OF 64.90 FEET TO A POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE
SOUTH 17°52'16" WEST A DISTANCE OF 62.81 FEET TO A POINT MARKED BY A CAPPED IRON ROD (REBAR);
THENCE SOUTH 72"41'10" EAST A DISTANCE OF 40.93 FEET TO THE SOUTHERN MARGIN OF THE VACATED
TENSAW AVENUE, SAID POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE SOUTH 65°52'12" WEST A
DISTANCE OF 257.56 FEET ALONG THE SOUTHERN MARGIN OF THE VACATED TENSAW AVENUE TO A POINT
MARKED BY A CAPPED IRON ROD (REBAR); THENCE DEPART SAID VACATED TENSAW AVENUE NORTH 71"21'23"
WEST A DISTANCE OF 71.47 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 94912 SQUARE FEET (2.18
ACRES), MORE OR LESS.
VACATED TENSAW AVENUE
COMMENCING AT INTERSECTION OF THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE AND THE
SOUTHEASTERN MARGIN OF MOBILE AVENUE. SAID POINT POINT MARKED BY A CRIMP TOP IRON PIPE AND
ALSO BEING THE NORTHERN MOST CORNER OF BLOCK 18, VOLANTA. AS RECORDED IN MISCELLANEOUS BOOK
1, PAGE 341 IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA; THENCE SOUTH 70°10'05"
EAST A DISTANCE OF 236.40 FEET ALONG THE SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO A POINT
MARKED BY AN OPEN TOP IRON PIPE; THENCE SOUTH 24°55'45" EAST A DISTANCE OF 516.32 FEET ALONG SAID
SOUTHWESTERN MARGIN OF RAILROAD AVENUE TO THE NORTHWESTERN MARGIN OF THE RELOCATED
TENSAW AVENUE, SAID POINT MARKED BY A CRIMP TOP IRON PIPE AND ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 24"55"45" EAST A DISTANCE OF 93.24 FEET ALONG SAID SOUTHWESTERN MARGIN OF
RAILROAD AVENUE TO THE SOUTHEASTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT
MARKED BY A CRIMP TOP IRON PIPE; THENCE SOUTH 20"09'12" WEST A DISTANCE OF 638.31 FEET ALONG SAID
SOUTHEASTERN MARGIN OF THE RELOCATED TENSAWAVENUE TO THE NORTHEASTERN MARGIN OF
PENSACOLA STREET, SAID POINT MARKED BY A CAPPED IRON ROD (REBAR); THENCE NORTH 24°46'44" WEST A
DISTANCE OF 93.49 FEET ALONG SAID NORTHEASTERN MARGIN OF PENSACOLA STREET TO THE
NORTHWESTERN MARGIN OF THE RELOCATED TENSAW AVENUE, SAID POINT MARKED BY A CAPPED IRON ROD
(REBAR); THENCE NORTH 20"09'12" EAST A DISTANCE OF 637.96 FEET ALONG SAID NORTHWESTERN MARGIN OF
THE RELOCATED TENSAW AVENUE TO THE POINT OF BEGINNING. PARCEL CONTAINS 42135 SQUARE FEET (0.97
ACRES), MORE OR LESS.
I HEREBY CERTIFY THAT ALL PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN ACCORDANCE
WITH THE CURRENT REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF
ALABAMA TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
DANIEL D. CLARK
ALABAMA LICENSE# 27720
DATE
Van Antwerp Park Subdivision
A Re-Plat of Parcels A & B
August 2017
CERTIFICATE OF APPROVAL BY THE
FAIRHOPE PLANNING AND ZONING DIRECTOR
Di:-, J Hale
THE UNDERSIGNED, AS AUTHORIZED BY THE CITY OF FAIRHOPE PLANNING DIRECTOR,
HEREBY APPROVES THE WITHIN RE-PLAT FOR THE RECORDING OF SAME IN THE PROBATE
OFFICE, BALDWIN COUNTY, ALABAMA.
THIS THE DAYOF __ ~2017.
AUTHORIZED SIGNATURE
CERTIFICATION OF ENGINEER
STATE OF ALABAMA
COUNTY OF BALDWIN
I, THE UNDERSIGNED, A REGISTERED ENGINEER IN THE STATE OF ALABAMA, HOLDING
CERTIFICATE NUMBER 26348, HEREBY CERTIFY THAT I HAVE DESIGNED THE WITHIN
IMPROVEMENTS IN CONFORMITY WITH APPLICABLE CODES AND LAWS AND WITH THE
PRINCIPALS OF GOOD ENGINEERING PRACTICE. I FURTHER CERTIFY THAT I HAVE OBSERVED
THE CONSTRUCTION OF THE WITHIN IMPROVEMENTS, THAT THE SAME CONFORMS TO MY
DESIGN, THAT THE WITHIN IS A TRUE AND ACCURATE REPRESENTATION OF IMPROVEMENTS
AS INSTALLED AND THAT SAID IMPROVEMENTS ARE HEREBY RECOMMENDED FOR
ACCEPTANCE BY THE CITY OF FAIRHOPE, ALABAMA.
DATED THIS THE DAY OF _____ ~ 2017.
THOMAS LARRY SMITH, P.E.
ALA. LIC. NO. 26348
NAME OF PROJECT: VAN ANTWERP PARK SUBDIVISION
PLANS WHICH ARE CERTIFIED CONSISTS OF PAGE 1 THRU g, EACH OF WHICH BEARS MY SEAL
AND SIGNATURE.
VICINITY MAP (NOTTO SCALE}
CERTIFICATION OF OWNERSHIP AND DEDICATION
STATE OF ALABAMA
COUNTY OF BALDWIN
I, CARSWELL WALCOTT, MANAGING MEMBER OF VAN ANTWERP PARK LLC, HEARBY STATE
THAT WE ARE THE OWNERS OF THE WITHIN DESCRIBED LANDS, SAID LANDS BEING OWNED
FEE SIMPLE. I, CARSWELL WALCOTT, WHOSE NAME AS MANAGING MEMBER, HAVE CAUSED
THE SAME TO BE SURVEYED AND SUBDIVIDED AS INDICATED HEREON, FOR THE USES AND
PURPOSES HEREIN SET FORTH AND DO HEREBY ACKNOWLEDGE AND ADOPT THE SAME
UNDER THE DESIGN AND TITLE HEREON INDICATED; AND GRANT ALL EASEMENTS AND
DEDICATE ALL STREETS, ALLEYS, WALLS, PARKS, AND OTHER OPEN SPACES TO PUBLIC OR
PRIVATE USE AS NOTED, TOGETHER WITH SUCH RESTRICTIONS AND COVENANTS NOTED
BELOW OR ATTACHED IN A SEPARATE LEGAL DOCUMENT.
DATED THIS THE DAY OF 2017. ------
VAN ANTWERP PARK, LLC
BY~: ______________ _
CARSWELL WALCOTT, IT'S MANAGING MEMBER
CERTIFICATION OF NOTARY PUBLIC
STATE OF ALABAMA
COUNTY OF BALDWIN
I,=======,=,-A NOTARY PUBLIC IN AND FOR SAID STATE AND COUNTY, HEREBY
CERTIFY THAT CARSWELL WALCOTT, WHOSE NAME IS SUBSCRIBED TO THE CERTIFICATE OF
OWNERSHIP AND DEDICATION, APPEARED BEFORE ME ON THIS DAY, IN PERSON, HEREBY
ACKNOWLEDGE THAT HE SIGNED, SEALED AND DELIVERED SAID INSTRUMENT AT HIS FREE
AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH.
GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS THE ___ DAY OF ______ , 2017.
NOTARY PUBLIC
MY COMMISSION EXPIRES: ______ _
SITE DATA:
1. ACREAGE IN TOTAL TRACT: 491,900 SQ. FT. (11.29 ACRES, MORE OR LESS)
2. SMALLEST LOT SIZE: 137,912 SQ. FT. (3.17 ACRES, MORE OR LESS)
3. TOTAL NUMBER OF LOTS: 2
4. PROPERTY ZONED: R-2, (CITY OF FAIRHOPE)
NOTES;
1. TYPE OF SURVEY: SUBDIVISION
2. ALL CAPPED REBAR SET ARE SMITH, CLARK (CA: 896)
3. RECORD DIMENSIONS BASED ON PLAT OF SURVEY PROVIDED BY THE
CLIENT.
4. THE LOTS ARE SERVED BY:
AT&T -TELEPHONE
CITY OF FAIRHOPE FOR POWER, WATER, SEWER, AND GAS.
5. BUILDING SETBACKS:
FRONT YARD= 35 FEET
REAR YARD = 35 FEET
SIDE YARD= 10 FEET
SIDE STREET= 20 FEET
UNLESS OTHERWISE NOTED.
6. DRAINAGE SHALL BE REQUIRED AT THE TIME OF BUILDING PERMIT.
7. A BMP PLAN IS REQUIRED PRIOR TO ISSUANCE OF A BUILDING PERMIT.
8. ALL REQUIRED TESTING SHALL BE SUBMITTED AT THE TIME OF
BUILDING PERMIT.
9. A LOTS HAVE A 15 FOOT DRAINAGE AND UTILITY EASEMENT ON SIDE
AND REAR LOT LINES UNLESS OTHERWISE SHOWN. INTERIOR LOT
LINES, THE EASEMENT WILL BE 7.5 FEET ON EACH SIDE.
10. THE FINISHED FLOOR ELEVATION OF THE LOTS SHALL BE FIFTEEN (15)
INCHES ABOVE THE HIGHEST FINISHED GRADE AROUND THE BUILDING
FOOTPRINT.
LANDOWNER:
VAN ANTWERP PARK, LLC
12330 LIVE OAK STREET
FAIRHOPE, AL 36532
ENGINEER:
S.E. CIVIL, LLC
THOMAS LARRY SMITH, PE
AL LICENSE NO. 26348
1 S. SCHOOL STREET
FAIRHOPE, AL 36532
SURVEYOR:
SM 1TH, CLARK & ASSOCIATES
DANIEL D. CLARK, PLS
AL LICENSE NO. 27720
11111 USHWY31,SUITEE
SPANISH FORT, AL 36527
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CAPPED IRON ROD FOUND
CR!MPED TOP PIPE FOUND
OPEN TOP IRON PIPE FOUND
REBAR IRON FOUND
IRON PIN FOUND
CAPPED IRON ROD SET
RECORD
OBSERVED
RIGHT OF WAY
POIIIT OF COMMENCEMENT
POII/T OF BEGINNING
---CHAIN LINK FENCE
---WIRE FENCE
---WOOD FENCE
LIGHT POLE
POWER POLE
ELECTRICAL TRANSFORMER
TELEPHONE PEDESTAL
CABLE JV BOX
STORM WATER MANHOLE
STORM DRAIN INLET
FIRE HYDRAIIT
WATER METER
WATER VALVE
SANITARY SEWER MANHOLE
---SANITARY SEWER LINE
---GASLINE
---WATER LINE
---OVERHEAD POWER LINE
---OVERHEAD TELEPHONE LINE
---UNDERGROUND POWER
---UNDERGROUND TELEPHONE
~GV GAS VALVE
TREE LEGEND
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MAGNOLIA TREE
OAK TREE
PINE TREE
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NIF
05-46-03-37--0-001-038.000
FAIRHOPE YACHT CLUB
POBOX1327
FAIRHOPE, AL 36533
ZONEDR-2
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Van Antwerp Park Subdivision
A Re-Plat of Parcels A & B
August 2017
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Curve# Radius
C1 125.05
C3 76.69
C2 125.05
120 240
VICINITY MAP (NOT TO SCALE)
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Curve Table
Delta Angle Chord Direction
28°07'59" N38'12'29'W
50°23'18" S51°18'13"E
21°46'38" N63'09'47'W
LINE BEARING DISTANCE
L1 N 20'09'12" E 67.80' (0)
L2 S 72'41'10" E 40.93' (0)
S 72'37'00" E 40.93' (R)
L3 S 17'52'16" W 62.81' (0)
S 17°47'30" W 62.79' (R)
L4 N 72'38'41" W 64.90' (0)
N 72'38'23" W 65.02' (R)
Line Table
Line# Length Direction
L5 51.69 S24° 07' 48"E
L6 65.87 S7 4 ° 03' 48"E
L7 53.63 S22° 12' 58"E
Chord Length Arc Length
60.79 61.40
65.30 67.45
47.25 47.53
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ATO2155 OLD SHELL RDSuiteMOBILE, AL 36607 T: 2514718361 F: 2514710410 www.att.comATO2155 OLD SHELL RDSuiteMOBILE, AL 36607 T: 2514718361 F: 2514710410 www.att.comJuly 13, 2017 Larry SmithS. E. Civil Engineering1 S. School StFairhope, Alabama
Dear Mr. Smith,
This letter is in response to your request for information on the availability of AT&T
service at the Van Antwerp North and South Subdivisions.
Attn: Planning and Zoning
RE: Van Antwerp North and South Subdivisions
This letter acknowledges that the above referenced project is located in an area
served by AT&T. Any service arrangements for this location will be subject to later
discussions and agreements between the developer and AT&T. Please be advised
that this letter is not a commitment by AT&T to provide service to the Van Antwerp
North and South Subdivisions but an acknowledgement that we have service in this
area.
Please contact me at the phone number included in this letter if you have any
questions.
Thank you for contacting AT&T.
Sincerely,
Wade Mitchell
MGR OSP Planning & Engineering Design
,~)))
1
Larry Smith
From:Robert Rohm <robert.rohm@cofairhope.com>
Sent:Monday, June 26, 2017 11:39 AM
To:Larry Smith
Subject:RE: Tilles Park Subdivision
Attachments:20170626_103727.pdf
The blue lines are the Gas Main.
From: Larry Smith [mailto:larry@secivil.pro]
Sent: Monday, June 26, 2017 11:27 AM
To: Robert Rohm <robert.rohm@cofairhope.com>
Subject: RE: Tilles Park Subdivision
Robert,
Please let me know if you have gas available. Thanks!
Larry Smith, PE
1 S. School Street
Fairhope, Alabama 36532
251-990-6566 phone
251-928-6045 fax
From: Larry Smith [mailto:larry@secivil.pro]
Sent: Tuesday, June 20, 2017 6:45 AM
To: Joe Wolchina (joew@cofairhope.com); 'robert.rohm@cofairhope.com'
Subject: RE: Tilles Park Subdivision
Joe/Robert,
We are getting ready to submit for the minor subdivision. The subdivision is now called Van Antwerp. I know we have
talked previously about this project, but I cannot find Availability Letters. Can you please provide this to me.
Larry Smith, PE
1 S. School Street
Fairhope, Alabama 36532
251-990-6566 phone
251-928-6045 fax
2
From: Larry Smith [mailto:larry@secivil.pro]
Sent: Friday, February 10, 2017 11:29 AM
To: Joe Wolchina (joew@cofairhope.com); 'robert.rohm@cofairhope.com'
Cc: Mac Walcott (mac@wavarchitects.com)
Subject: Tilles Park Subdivision
Joe/Robert,
I am working with Mac Walcott on his personal project. He is looking at purchasing an 11 acre tract on N. Section. The
project will be built in two phases. The first will be 3 residential lots along an existing road frontage (Mobile). When the
moratorium is lifted, he will proceed with the second phase which consists of approximately 9 more lots, new road, and
utilities. Attached is a concept. He is putting budget numbers together. Can you give me an approximate number for
him to plug in for power and gas for aid to construction cost? Thanks.
Larry Smith, PE
1 S. School Street
Fairhope, Alabama 36532
251-990-6566 phone
251-928-6045 fax
1 S. School Street Fairhope, Alabama 36532 251-990-6566
July 17, 2017
Mr. J. Buford King, LEED AP
Fairhope Planning Department
555 S. Section Street
Fairhope, Alabama 36532
Re: Van Antwerp Park South Paved Road Narrative
Dear Buford:
This letter is to serve as a response to the Planning Department’s comment that the “City of Fairhope
Subdivision Regulations Article V, Section E, Paragraph 3 “Lot Access” states….all lots shall front on a
paved, publicly maintained street.” In an attempt to be as transparent as possible about our intentions for this
project, this is one of the questions we have asked from the beginning of this project. Until your letter, we had
not received an official response to this question, though we have reached out several times to the staff and the
city attorney. There are two parts to your comment. The first is what is considered pavement. The second is
whether or not the existing gravel road is publicly maintained. I believe we have already addressed the
publicly maintained comment with our previous correspondences, but to summarize, during the course of
working on this project, the team has witnessed the public works department out working on this portion of
Pensacola Avenue. The gravel road also contains city stop signs, city street signs and city utilities running
through it. While walking the right of way with the Utilities Department, Curtis made a comment about
having repaired the sewer line running in the right of way. By all means, this public right of way is being
publicly maintained. So I assume the real comment is that the gravel road is not a “paved” road. While
awaiting the City’s response, I did my own research on the topic. After searching through the subdivision
regulations and zoning ordinance, I do not see any definition of paving that requires it to be asphalt or
concrete. Article VI of the Subdivision Regulations, Par. A states “the sub-divider is required to pave all
streets and lanes with a suitable hard surface, all weather type of pavement…” Article V. Section F.11.f (3)
states that “the City finds the potential benefits of permeable pavement systems are, among other items, flow
attenuation, infiltration, and infiltration of stormwater.” Per these two sections, gravel should be allowed in
low volume areas. My own definition is a surface designed to transmit loads to the surface below. This can be
seen in my previous submittals to the City (well before this project) where I have shown details for Gravel
Roads as “Crushed Limestone Paving Detail”. One such submittal is The Citizens Bank on Section Street.
Below are some other definitions:
Paved – To Cover or lay (a road, walk, etc) with concrete, stones, bricks, …so as to make a firm, level
surface (source www.dictionary.com)
Pavement – In civil engineering, durable surfacing of a road, airstrip, or similar area. The primary
function of pavement is to transmit loads to the sub-base and underlying soil. (source Encyclopedia
Britannica, online version)
Secondly, there are currently two lots of record fronting this gravel road. It is my understanding that we could
pull two building permits for residences today for houses on these existing lots. In our two minor divisions,
we are only proposing three lots that only have access to this gravel road. The Van Antwerp Park North
subdivision will have all lots connecting directly to the existing asphalt paved road of Mobile Street. Van
Antwerp Park South will have four lots being developed. One has frontage along the existing asphalt paved
roadway of Pensacola Avenue. The other three will have frontage only along the existing gravel paved road.
S.E. Civil
I I. - -I • •
1 S. School Street Fairhope, Alabama 36532 251-990-6566
We are only adding the potential for one additional access point on the gravel road. We have attached a
conceptual plan for potential driveway locations for reference.
Third, the city has approved the use of gravel roads on several minor subdivisions and even a major
subdivision in the past. Examples include:
Major Subdivision:
The Boardwalk at Bailey’s Creek Subdivision (formerly known as Point Clear Estates) approved in 2005
for Publicly Maintained Right of Way with Gravel Paved Roads serving 19 lots. This is within the ETJ;
however, they have to abide by the City’s Subdivision Regulation and came before the planning
commission. A Re-plat of two of these lots shown on gravel roads was approved in April of 2017.
Minor Subdivisions:
The Preserve at Sweetwater is a 3 lot subdivision of R-1 lots with access via a 30’ Ingress/Egress
Easement approved in 2006. The lots do not front a publicly maintained right of way and have access
via a gravel paved road.
McMillin’s Subdivision is a 2 lot subdivision of R-2 lots approved in 2014. All lots have some frontage
on a publicly maintained right of way. Lot 1 only had 20’ of frontage. The access to lot 1 was proposed
to be via a gravel paved road. Mr. Turner asked if staff had concerns with the gravel access for Lot 1
and Mr. Smith responded no. The motion carried unanimously.
52 N. Church Street Subdivision is a 5-lot minor subdivision approved in 2013. Access to the lots was
proposed to be via a private access easement. The applicant requested a waiver to Article V, Section E
(3) of the Subdivision Regulations requiring that all lots shall front upon a publicly maintained right-of-
way. The motion passed unanimously.
Village Subdivision:
Colony Woods is a 4 lot subdivision approved in 2017. The property is within Fairhope’s ETJ and is
un-zoned. Access would be via Hawthorne Lane which begins as an asphalt paved road and changes to
a gravel paved road. The entire road does not meet the width requirement of the subdivision regulations.
Fourth, if and when a major subdivision occurs on this property a new road will be built. It is our hope and
desire to design a low impact road to wind through existing significant trees within the city right of way. We
would hope that the new regulations being developed would allow for a unique road design for special
circumstances like this. We have attached a conceptual plan showing what a possible road alignment that
might look like trying to protect the existing trees.
Finally, if Staff and the Planning Commission disagree with our interpretation of the subdivision regulations,
we would request a waiver from City of Fairhope Subdivision Regulations Article V, Section E, Paragraph 3
“Lot Access”.
If you have any questions, please let me know.
Sincerely,
Larry Smith, PE
larry@secivil.pro
•• •••.. ~
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CRIMPED TOP PIPE FOUND
OPEN TOP IRON PIPE FOUND
REBAR IRON FOUND
IRON PIN FOUND
CAPPED IRON ROD SET
RECORD
OBSERVED
RIGHT OF WAY
POINT OF COMMENCEMENT
POINT OF BEGINNING
---CHAIN LINK FENCE
---WIRE FENCE
---WOOD FENCE
LIGHT POLE
POWER POLE
ELECTRICAL TRANSFORMER
TELEPHONE PEDESTAL
CABLE TV BOX
STORM WATER MANHOLE
STORM DRAIN INLET
FIRE HYDRANT
WATER METER
WATER VALVE
SANITARY SEWER MANHOLE
---SANITARY SEWER LINE
---GASLINE
---WATERLINE
---OVERHEAD POWER LINE
---OVERHEAD TELEPHONE LINE
---UNDERGROUND POWER
---UNDERGROUND TELEPHONE
HGV GAS VALVE
TREE LEGEND
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OAK TREE
PINE TREE
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NIF
05-46-03-37-0-001-038. 000
FAIRHOPE YACHT CLUB
POBOX1327
FAIRHOPE, AL 36533
ZONEDR-2
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August 2017
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6/27/17
SCALE
1 "•60'
C01
1 S. School Street Fairhope, Alabama 36532 251-990-6566
July 17, 2017
Mr. J. Buford King, LEED AP
Fairhope Planning Department
555 S. Section Street
Fairhope, Alabama 36532
Re: Van Antwerp Park South Waiver Request
Dear Buford:
We are requesting a waiver from the City of Fairhope Subdivision Regulations Article V, Section V,
Section E, Paragraph 3 “Lot Access” states “…all lots shall front on a paved, publicly maintained street.”
Below are the justifications:
1. An extraordinary hardship may result from strict compliance with these regulations due to
unusual topographic or other physical conditions of the land or surrounding area not generally
applicable to other land areas.
The two existing lots front an existing gravel road. We are unsure of who installed the gravel
road, whether it was the city or a residence utilizing the road. There are several large diameter
trees within the right of way and this may have been the determining factor back when the
existing gravel road was approved to serve these lots. The subdivision as proposed will only put
one additional lot on the existing gravel road.
2. The condition is beyond the control of the sub-divider.
This Right of Way and the existing lots were developed back in 1914. The original sub-divider
was the city. The current sub-divider (Van Antwerp Park, LLC) did not create this right of way,
nor did they create the original residential lots on this right of way. In this case, the city created
the right of way, carved out the residential lots yet did not pave the roads. Dirt and gravel roads
were the norm back then. Over time, the city has changed dirt and gravel roads to asphalt roads
with curb and gutter. During that process, the city chose not to pave this road. I would assume
this was due to the low volume of traffic and determining the cost was not justified.
3. The requested waiver will not have the effect of nullifying the purpose and intent of the
regulations, the Zoning Ordinance, or the Comprehensive Plan.
This waiver will not nullify the purpose and intent of the regulations, the Zoning Ordinance, or
the Comprehensive Plan in that all lots will continue to front a publicly maintained right of way.
As discussed in the Paved Road Narrative, this right of way is maintained by the public works
department, has public utilities running through it, and has City Street Signs. The question is
whether gravel is acceptable. In the Paved Road Narrative, we have provided several examples
of where the city has deemed these gravel roads as acceptable to serve lots.
S.E. Civil
• • • • --
1 S. School Street Fairhope, Alabama 36532 251-990-6566
4. The waiver is the minimum deviation from the required standard necessary to relieve the
hardship.
This waiver is the minimum deviation to relieve the hardship. We are merely requesting that the
lots (1 additional lot) be able to access the existing gravel road that the other residential lots
utilize.
5. The waiver shall not have an adverse effect on adjacent landowners, or future landowners, or the
public.
This waiver will not have an adverse effect on adjacent landowner, or future landowners, or the
public. As for adjacent landowners (and future landowners), they will be able to continue to use
the existing gravel road serving their residence. Land owners that do not front this gravel road
will not notice any change. As for the public, the biggest impact would be for us to create a new
public asphalt road and drainage system to serve one additional lot. That would be a large
maintenance burden on the public for just one additional lot served. By granting this waiver, you
ease the burden on the public. To not approve this waiver would actually have an adverse effect
on the adjacent landowners because the city would be stating that gravel roads serving
residential lots are not acceptable within the public right of way. What would that mean for the
existing house being served by the gravel road? Would the city require them to pave it? Would
the city come in and pave it? Would the city shut down the gravel road?
6. The waiver is necessary so that substantial justice is done.
This waiver is necessary so that substantial justice is done. Over the years, the city has chosen
not to pave this road, even though they have done so around all the other road systems within
Fairhope. The decision could not have been made because of the lack of residential lots, as there
are 5 lots that have frontage along it. One residence currently uses this as their only means of
ingress and egress. I would guess the city chose not to pave this because the cost wasn’t justified
by the low volume of traffic. To ask a citizen to do what the city has been unwilling to do, would
be an injustice.
If you have any questions, please let me know.
Sincerely,
Larry Smith, PE
larry@secivil.pro
Project Name:
Kirkman Lane Subdivision
Project Type:
Minor Subdivision
Jurisdiction:
Fairhope Corporate Limits
Zoning District:
R-2 Medium Density Single
Family Residential District
PPIN Number:
39645
General location:
Kirkman Lane and Summit
Street
Engineer:
Sawgrass Consulting, LLC
Owner:
Fairbourne Holdings, LLC
School District:
Fairhope Elementary School
Fairhope Middle School
Fairhope High School
Recommendation:
Conditional Approval
1
City of Fairhope
Planning Commission
August 7, 2017
Case: SD 17.18 Kirkman Lane Subdivision
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SD 17.18 Kirkman Lane Subdivision-August 7, 2017
Summary of Request:
Public hearing to consider the request of Sawgrass Consulting, LLC for plat approval of Kirkman Lane
Subdivision, a 2-lot minor subd ivision.
Comments:
• All associated Investors: All associated investors have been provided. The owner of
sub ject property is Fairbourne Holdin gs, LLC. The initial members of the LLC are Lee
Tacon and Ann Tacon . The initial registered agent of the LLC is James B. Pittman, Jr.
• Lot standards: The property is currently zoned R-2, Medium Density Single Family
Residential District.
• Lot Access: All lots front on Kirkman Lane, a paved, publicly maintained street
• Structures: No existing stru ctures are currently lo cated on the subject property. A
home formerly located at the corner of Kirkman Lan e and Summit Street has been
demolished.
• Natural Features: Staff examined USDA's Web So il Survey and found no hydric so il s on
subject property.
• Easements: 15' drainage and utility easements on rear lot lines as we ll as 7.5' drainage
and utility easements on side lot lines are noted on the plat.
• Storm water Standards: Drainage requirements at the time of building permit request
are noted on the plat. Staff examined the 2007 FEMA flood map for the area of the
subject property and the su bject property lies within zone "X". Flood zone is indicated
on the plat.
• BMP Plan: BMP plan requirement prior to issuance of a building permit sha ll be noted
on the plat prior to recording.
• Fire Flow: A fire flow model was scheduled for Jul y 21, 2017. The fire flow model was
not available at the time of this writing. Approval shall be conditional to submission and
approval of the fire flow model.
• Utility Letters: Utility availability letters have been provided. All utilities in all proposed
subdivisions sha ll be in sta lled underground. Individual certificate of approval blocks for
water & sewer, power, and natural gas sha ll be included on the plat prior to recording.
• Power, Water & Sewer, Natural Gas: A note stating, "All required testing sha ll be
subm itted at the time of building permit" sha ll be contained on the plat prior to
recording. Further, Individual certificate of approval blocks for water & sewer, power,
and natural gas shall be reflected on the plat prior to recording.
• Recorded Plat: Applicant is advised that all conditions of approval shall be satisfied in a
timely manner, so that final plat may be recorded within a 60-day time frame, per the
City of Fairhope Subdivision Regulations.
• Other: The subject property is not a Sing le Ta x Colony property.
Recommendation:
Staff recommends APPROVAL of the minor subdivision application with the following
conditions:
2
• BMP plan requirement prior to issuance of a building permit shall be noted on the plat
prior to recording.
• Individual certificate of approval blocks for water & sewer, power, and natural gas shal l
be included on the plat prior to recording.
SD 17.18 Kirkman Lane Subdivision -August 7, 2017
• Letters of availability for water & sewer, power, and natural gas shall be submitted for
file purposes prior to recording. AT&T (telephone) was submitted and included with the
application.
• Submission and approval of a fire flow model for the subject property. Fire flow model
was scheduled for July 21, 2017, but the report from the fire flow test was not available
at the time of Planning Commission agenda preparation.
Site Photos:
Subject property looking west from Summit Subject property looking north from Kirkman
Street
3 SD 17 .18 Ki rkman Lane Subdivision -August 7, 2017
Page 5 of 10
APPLICATION FOR SUBDIVISION PLAT APPROVAL
Application Type: D Village Subdivision
D Preliminary Plat
!8J Minor Subdivision D lnfonnal (No Fee)
D Final Plat D Multiple Occupancy Project
Attachments: D Articles of Incorporation or List all associated investors
Date of Applicat ion : _______ _
Property Owner / Leaseholder Information
Name of Property Owner: lj,1@.BoctJU1£ H01u21N<it';'"-Phone Number: tJ13)M-/O'la
Address of Property Owner: 73r 5 Mo6) L-f (TR.Ef"T
City: M1Rt:JoPE State: A'-Zip: .3,s!i. "2.
Proposed Subdivision Name: /:.1RKt!VttJ t&HC $c,gn111t s,o,J
No. Acres in Plat: • C,2 Acee s No. Lots/Units: -~,2_=-------
Parcel No: O£',qCro3-3?-o-01q-cS7,0oe. Current Zoning: __ f.,_-_2~-----
Authorized Agent Information
Plat must be signed by the property owner before acceptance by the City or F'airhopc
Name of Authorized Agent: .5&.w:;12AS:, ~S(.(..1)N(J,uc Phone Number: (25))91.q .:z2oo
Address: /l/t-/3 Ol-D Hts-1-1 WA.)' 3/
City: $i?A,t,,1ISM fog,: State: Al Zip: $~ S:Z2
Contact Person: &;,N7f?pu M ,ook(ZON
Surveyor /Engineer Information
Name of Firm: $a.w~&S$ <ANSUL7ifHG,.u.C Phone Number: (2.51)5"ftl-"8
Address : //#/3 01-.p A,4µ WA:'{ <l.J
City: ~NISd G&-r State: Al Zip : 3CS-27
Contact Person: &virAi ~ M,t>ot.Ln,,J
Plat Fee Calculation:
Reference: Ordinance 1269
Signatures:
I certify that I am the property owner /leaseholder of the above described property and hereby
submit this plat to the City for review. *If property is owned by F • hope Single Tax Corp . an
authorized Single Tax representative shall sj gn this application _ / _
fa..,>Jt>~/'ae-~Mqf.J, Lt. C-~
Property Owner /Leas~ Pnn{ed Name
~ dl>1 c]fiJ/1
Date 7 Fairhope Single Tax Corp. (If Applicable)
it~;~~:~1~i
BY:~8. ......... .
Emily Boyett
From:
Sent:
To:
Subject:
Emily Boyett,
tammy styga <stygatg@gmail.com>
Friday, July 28, 2017 1:30 PM
Emily Boyett
Case SD 17.18
My name is Tamara Styga, I live at 256 Kirkman Lane. I had called you this morning And wanted to follow up with an
email. My concerns with this approval of subdividing the lot on the corner of Kirkman Lane and S.Summit is that Kirkman
Lane is just a one Lane road . It is already showing signs of deterioration. With the added weight and width of any
construction trucks, I'm worried that the road won't hold up . I hope that Sawgrass consulting will address this problem
with limiting the usage of Kirkman Lane and keep all heavy trucks and traffic on the S.Summit side. Please pass along my
concerns with the Public works dept. and at the Public hearing. Thank you for your time .
Tamara Styga
Stygatg@gmail.com
678-642 -1063
Sent from my iPad
1
349 Liberty Street
Fairhope, AL 36532
Ms. Emily Boyett
Planning and Zoning Dept.
City of Fairhope
Ms. Boyett,
2 August 2017
I submit these comments for record-in response to your notice dated 21 July 2017 and in reference to
Case SD 17.18, the Kirkman Lane Subdivision request by Fa i rbourne Ho ldings, LL C and the plat produced
by Sawgrass Consu l ting, LLC.
My concerns are: 1. stormwater runoff and drainage, and 2. access/egress and increased traffic on
Kirkman Lane.
1. Our property is i mmediately west of the proposed 'Lot 1'. Grade generally runs from east to
west, and is steep from S. Summit Street to Li berty St reet (and from there on down to the south
and west until it hits Mobile Bay). We take a lot of sheet flow as-is (with no structure
whatsoever) from the proposed subdivisi on property-particula r ly once the gro und becomes
saturated (the water t able is fairly high and this is not uncommon). Th e new plat would al low
construction of two new, l arge im permeable structures with high surface areas-significantly
increasing volume and ve locity of flows. Th e City (Ms. Fidler, et.al.) has been out severa l times
over the past 12 years or more to assess and troubleshoot the stormwater plume that's created
between S. Summit and Lib erty on Kirkman La ne-but hasn't been able to provide a solution to
date. Now it appea rs the City's going to allow, and even facilitate, an exacerbation of these
effects .
2. We have a traffic problem on Kirkma n Lane between Church Street and Li berty Street as-is,
without any new development. Kirkman Lane is wide enough for one-way traffic on ly on thi s
stretch; but anybody/everybody that t r avels south o n S. Summit dead-ends and has to then take
Kirkman. We have a lot of pedestrian traffic-dog wa lking, j ogg ing, biking, kid strolling, etc.; and
they're forced into private driveways and/o r yards every time a vehi cle comes through.
Moreover, every time t wo cars are trying to travel in opposite directions, one has to yie l d i nto a
private driveway and/or yard and wait fo r the other to pass. Property owners are constantly
de l ayed in getting t o the i r own driveways because of this r estriction -and often have to
enter/begin to turn on Ki rkma n Lane and then reverse back onto Li berty or Summit or Church in
order to let some thru-traffic proceed first (sometimes mu ltiple cars). Speed ing and
recklessness on t his short st r etch are common/quite preva lent (frustrat ion?). The road itself is
in need of repair-cars and trucks {large commercial trucks-from tractor t rai lers to furniture
movers to conc r ete mixe r s-use this lane r egu la rl y) bang around on and off both sides of the
lane. Coincidentally, just this past week, somebody (again) cut the corner t oo ha rd and t oo fast-
rutting my property and knocking the stop si gn/street sign ove r (see attached pi es). The storm
drain ditches are not complete/do not run the entire length from Church to Liberty (see concern
#1. above). If the City approves this subdivision, it's going to allow-and (again) facilitate -a
dramatic increase {%-wise) in access/egress and east-west traffic on Kirkman Lane-in an area
that is already a safety hazard/major cause for concern .
Sincerely,
Jonathan A. Bowman
"
NUMBER:
CERTIFICATE OF OWNERSHIP AND DEDICATION
STATE or ALABAMA
COUNTY OF BALDWIN
THIS IS TO CERTIFY THAT I, ~ PRESIDENT OF FAIRBOURNE
HOLDINGS, LLC , AM THE OWNER OF THE LANO SHOWN AND DESCRIBED IN
THE PIAT, ANO THAT I HAVE CAUSED THE SAME TO BE SURVEYED ANO
SUBDMO EO AS INDICATED HEREIN, FOR THE USES MID PURPOSE HEREIN
SET FORTH AND DO HEREBY ACKNOWLEDG E AND ADOPT THE SAME UNDER
TliE DESIGN AND TITT..E HEREON INDICATED; AND GRANT ALL EASEMENTS
ANO DEDICATE ALL STREETS , ALLEYS, WALKS, PARKS AND OTHER OPEN
SPACES TO PUBUC OR PRIVATE USE AS NOTED TOGETHER Wflll SUCH
RESTRICTIONS AND COVENANTS NOTED BELOW OR ATTACHED IN A SEPARATIE
L EGAL DOCUMENT.
DATED THIS THE ___ DAY OF _______ 2017 .
WITNESS NAME AND lTTI.E
CERTI FI CATION BY NO TARY PUBLIC
STATE OF ALABAMA
COUNTY OF BALDWIN
__________ , A NOTARY PUBLIC IN AND FOR TH£
CO UNTY or BALDWIN IN THE STATE OF ALABAMA DO CERTI FY THAT WHOSE
NAME IS SUBSCRIBED TO THE CERTIFICATE OF OWNERS HIP AND DEDICATION ,
APPEARED BEFORE ME THIS DAY IN PERSON ANO ACKNOWLEDGED THAT HE
SIGNED, SEALED ANO DELIVERED SAID INSTRUMENT AT THIS FREE AND
VOLU NTARY ACT FOR THE USES AND PURPOSE HER0N SET FORTH .
GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS THE _____ _
20 17 .
NOTARY PUBUC
REVISION : DATE :
DEVE LO PERS/OW NE RS:
I<IRI<MAN LANE SUBDIVISION FAIRBOURNE HOLDINGS, LLC
7JB S. "'40Bll£ ST.
FAIRHOPE, Al J65J2 . ..
TAX ~••en I
D~-O•OJ-JI-0-01~-na.ooo
&EAm. uwun OO\IG\.AS rr,.l
JOHNSCH, JrAHHtTT[ BEATTY
2~12l AUNffiHG DE£11 RD.
tOtH£lt, CO ID◄~
SURVEYORS NOTES:
I
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P0!t-lT OF C0MM[HC[MErH
LAND SURVEYOR:
ERCIL E. GODWIN, P.LS.
SAWORASS CONSULTING, UC
11143 OLD t-llGl-iWAY Jl
SPANISH FORT. Al 36527
(251 )544-7900
SI TE DATA;
NE CHR' or SECTION 19, T-6-S,
R-2-E, BALDWIN CO UNTI, AL
TOTAL ACREAGE = .62 ACRES±
TOT/4L LOTS -2 GRAPillC SGM..E
I
' '
/
I
'
SMAU.£Sl LOT SIZE. -.31 1'CRES± .,_
CURRENT ZONING:
R-2
MEDIUM DENSITY SINGLE-FAMJL'f RESl □ENTIAL
GRAPHIC SCALE
( DI F>lE'I' )
l Inch • 20 rL
--1.EG.EN.D_
.a.ur. OPEN ·rop IRON FOLINO .r• WATEfl METER
•CAf. CAPPED REBAR FOUND l,l TELEPHONE PEDEST.AL
.RJJ.F. RE&\Rf'OllliC p ,r POWER POLE
0 c.R.S. CAPP£D REBAR SET PROPERTY LINE
•!!WI-/,W; NAIL fOUt,IJ
®IAH SEWER MANI-IOLE
.l.P.F, IRON PIN FOUND
UTILITIES:
WATER -CfT'l' OF FAIRHOPE
SEWER -COY or FAIRHOPE
POWER -C!TY OF FAIRHOPE
GAS -CITY OF FAIRHOPE
TELEPHON E -AT&:l
SETBACKS:
UNLESS OTHERWISE
SHOWN HEREON ;
FRONT • 35 FEET
SIDE .. 10 FEET
REi'-R = J5 FEET
VICIN I TY
CERTIFICATE OF APPROVAL BY CITY OF FAIRHOPE PUBLIC UTILITIES
TH E UNDERSIGNED. AS AUTHORIZED BY THE CITY OF FAIRHOPE PUBLIC
CERTIFICATE OF APPROVAL BY AT&T
THE UNDERSIGNED, AS AUTIHORIZEO BY AT&T, HEREBY APPROVES THE
WITHIN PLAT FOR THE RECORDING or SAME IN THE PROBATE OFFICE OF
BALDWIN COUNTY. ALABAMA.
llTIUllES, HEREBY APPROVES THE WITHIN PLAT FOR THE RECORDING
OF SAME IN TIHE PROBATE OFFlCE OF BAlDWIN COUNTY, ALABAMA.
THIS TH£ ___ DAY OF -----~ 2017.
AUTHORIZED SIGNATURE
CERT IFICATE OF APPROVAL OF THE CITY OF
FAIRHOPE PLANNIN G COMMISSION
THE WITHIN PIAT OF KIRKMAN LANE SUBDIVISION. BALDWIN COUNTY.
ALABAMA, IS HER EBY APPROVED BY FA IRHOPE CITY PLANNING
COMMISSION .
THIS lHE --DAY or------~ 2017.
PLANNING DIRECTOR
THIS THE ___ DAY OF ______ 201 7.
AUTHORIZED SIGNATURE
• INFORMATION USED TO PERFORM AND PRODUCE THIS SURVEY ARE PRfVIOUS SURVEYS, BY THIS FIRM OR OTHERS,
RECORD DESCBIP:TION·
l
M A P
DEEDS OF RECORDS AND/OR OTHER INFORMATION AS PROVIDED BY THE CLIENT. NO TTTlE SEARCH, OPINION OR
ABSTRACT WAS PERFORMED 8Y THIS FIRM OR BY OTHERS UNDER THE DIRECTION OF TH IS FIRM. IN ADDITION ,
THERE MAY BE OTHER INSTRUMENTS OF RECORD WITHIN THE OFFICE OF THE JUDG E OF PROBAT E, AS WELL AS
OTHER UNRECORDED INSTIRUMENTS COULD ENCUMBER AND/OR AFFECT 11-!E BOUNDARIES OF THIS PROPERTY THAT
WERE NOT f'\JRNISHED AT THE TIME OF SURVEY.
FROM THE NORTHEASf CORNER OF SECTION 19, TOWNSHIP 6 SOLfTH , RANGE 2 EAST, RUN SOUTH 89 DEGREES 45 MINUTES WEST ALONG THE NORTH UNE OF
SECTION 19 . 1 136.2 FEET TO A PO INT; THENCE. RUN SOUTH 32 DEGREES WEST ALONG THE WEST SIDE OF SUMMIT STREET I 87 .8 FEET TO A CORN(R; THENCE
RUN SOUTH 33 DEGREES .30 MINUTES WEST ALONG THE WEST SIDE OF SUMMrr STREET 295 FEET F'OR THE POINT OR PLACE OF" BEGINNING; TH ENC E RVN NORTH
58 DEGREES 00 MINUTES WEST 205 FEET TO A POINT: THENCE RUN SOUTH 33 DEGREES 30 MINUTES WEST 132 FEET: THENCE RUN SOUTH 58 DEGREES OD
MINUTES EAST 205 FEET; THENC( RUN NORTH 33 DEGR EE S 30 MINUTES EAST 132 FEET TO THE PO INT OF BEG INNING.
• BASIS OF BEARING: BASED ON GRID NORTH AS DETERMINED BY RTK GPS AND REFERENCED TD NA08J, ALABAMA
WEST STATIE PLAN E COORDINATES.
• FEDERAL INSURANCE ADMINISTRATION MAP, COMMUN ITY PANEL NO .: 01003C0643L. PROPERTY IS LOCATED IN
ZONE "X" (UNSHADED), AREAS DETERMINED TO BE OUTSIDE THE 0,2~ ANNUAL CHANCE FLOODPLAIN .
• DATE Of FIELD WORK: JUNE, 2017
• LOT I SHALL HAVE A MINIMUM FINISHED FLOOR ELEVATION OF 114.00 FEET {NAVD88). LOT 2 SHALL HAVE A
MINIMUM FINISHED FLOOR ELEVATION OF 119.00 FEET {NAVDB8 ).
ENGINEERING· SURVEYING -CONSTRU CTI ON MANAGEMENT
11\430ldHlghway31 Sp21111&h Fort.AL 36527
818 N McK1mzie Sl reel Folay . AL 36535
Phan•: (251 )544-7500
Phonei. (25 1) 970-7900
I HEREBY SfATE THAT All PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN ACCORDANCE WITH THE CURRENT REQUIREMENTS OF TH E STANDARDS
Of PRACTICE FOR LANO SURVEYING IN THE STATE OF ALABAMA TO TliE. BEST OF MY KNOWLEDGE, INFORMATION ANO BELIEF .
ERC IL E. GODWIN, PLS DATE
ALABAMA LICEN SE NUMBER 26621
PRELIMINARY/FINAL PLAT SCA LE : 1"=20'
DATE : JUNE 26, 2017
KIRKMAN LANE SUBDIVISION DRAWN BY: Q L M
CH ECKED BY, EEG
FA IRBOURNE HOLDINGS , LLC SHEET: OF
Project Name:
Lot 2 Nichols East
Project Type:
Informal Review of Zoning
Change Request
Jurisdiction:
Fairhope Corporate Limits
Zoning District:
M-1 Light Industrial
PPIN Number:
276903
General Location:
Nichols Street East of
Professional Park Drive.
Engineer:
N/A
Owner:
Jason Schmitt
School District:
Fairhope Elementary School
Fairhope Middle School
Fairhope High School
Recommendation:
Informal Review
1
City of Fairhope
Planning Commission
August 7, 2017
Case: IR 17.03 Lot 2 Nichols East
Informal Review of Zoning Change
Legend
CITY OF FAIRHOPE ZONING
Zon in g
~ TR Tauml Rescr1
~ R-a\ Re11den1ia l / AonOJl!ure Distnd
R-1 La wOensty St19Je-F a mll y
IIlJlli R l (aJ
Q Rl (b l
R1(c/
R-2 t.teolum OenS1rySing1e-fam11-j
R-3 H~tl OenHy Slngit-famll)'
R-3 PQH P1bo/011den Sngle Fa mily
R-5 HIQh Density 0\•,ding Resi:lenllal
R-6 i.,obll e Ham e Parl: Dastria
B-2 GenerarBus,nus OiStrtd
B--' Busines.s-anCI Profess,onal o,sanct
--l.1-1L1on11n<1us1na1D1suict
--P-1 Pa1t.ing
IR 17 .03 Lot 2 Nichols East-August 7, 2017
Summary of Request:
Informal review to discuss the requ est of Jason Schmitt for a Zoning Change of Lot 2 of Nichols East
Subdivision from M-1 Li ght Indu strial to a Planned United Development (PUD).
2 IR 17.03 Lo t 2 Nichols East-August 7, 2017
Page 4 of6
APPLICATION FOR ZONING DISTRICT CHANGE
Property Owner / Leaseholder Information
Name: :f"Aso" '.5'-Kl'Y\.; rr Phone Number: 2s-1 -I.{ 'L.2..-oz...,7
Street Address: 4' <;" L wt,,: H,· ......-5,
City: r~ I rt. 1-.,o e Cl--S tate: AL Zip: __:~:_C.._S"__:;:.l_:'L=-------
Applicant / Agent Information
Name: Phone Number:
Street Address: ________________________ _
City: State: Zip:
Current Zoning of Property: M -\ L.i s ht !..-..d..,,. ttt..J I) /
Proposed Zoning/Use of the Property: pur;, -?\c-........ w v ... ~t :I)c.. ... <-lei'""'cJ"IT
PropertyAddress: L:>r L rJ,'c..\.. .. 1$ C:Ast F~:l"\.~of?a.. 11\L l<.Sl'l-
Parcel Number: -I (p -OS -21 -O -o <D D -o o 8 ''--'o==-=-o-~----'----------
Property Legal Description: Se.c.. A:f:boc..hLc\. 5,.1,·, b,'-t-----"A~--------
Reason for Zoning Change: Su. A fl-e c.Ld l:.:"x I.,.' '4: I IJ.
Property Map Attached
Metes and Bounds Description Attached
Names and Address of all Real Property Owners
@No
~NO
within 300 Feet of Above Described Property Attached. @No
Character of Improvements to the Property and Approximate Construction Date: ____ _
DllC.\-201'{1n 1 I'S APpcu,v-t_l) ::b, b-->;/c1 °' io...1,1> Sf-p,..1 r,.f{jv-, bvl:..L..i
1.1,t\.,. 0u1L (2..<z; d-«.,.. c.& Qc Zn I) F/oe,I'\....
Zoning Fee Calculation:
I certify that I am the property owner /leaseholder of the above described property and hereby
submit this application to the City for review. *If property is owned by Fairhope Single Tax
C~. an authorized Single Tax representative shall sign this applicati~
~ ASo.J E . 5',w,, r, ~ z~
Property Owner/Leaseholder Printed Name Si,,ture
{.; I 2.1.. /20, 1:
Date Fairhope Single Tax Corp. (If Applicable)