HomeMy WebLinkAbout10-02-2017 Planning Commission Agenda PacketKarin Wilson
Mayor
Council Members
Kevin G. Boone
Robert A. Brown
Jack Burrell, ACMO
Jimmy Conyers
Jay Robinson
Lisa A. Hanks, MMC
Ciry Clerk
Deborah A. Smith, CPA
Ciry 7/"l'llSlllff
16 l North Section Street
P.O. Drawer 429
Fairhope, Alabama 36533
251 -928-2136
251-928-6 776 Fa.,
www.fairhopeal.gov
r,inr,:J en ,~·,31d ,·d paper
1. Call to Order
City of Fairhope
Planning Commission Agenda
5:00 PM
Council Chambers
October 2, 2017
2. Approval of September 5, 2017 Minutes
3. Consideration of Agenda Items:
A. ZC 17.14
B. ZC 17.15
Public hearing to consider the request of the City of
Fairhope Planning and Zoning Department for a proposed
amendment to Article III, Section D.9 Accessory Dwelling
Units of Ordinance #1253, known as the Zoning
Ordinance.
Public hearing to consider the request of the City of
Fairhope Planning and Zoning Department for a proposed
amendment to Article II, Section C.2 of Ordinance #1253,
known as the Zoning Ordinance regarding Site Plan
Reviews.
C. SD 17.25 Request of Sawgrass Consulting, LLC for Final Plat
approval of Pinewood Subdivision, a 7-lot division. The
property is located on the south side of Manley Road just
between Saddlewood Subdivision and the Fairhope
Municipal Soccer Complex.
PPIN #: 230553
D. SD 17.26 Public hearing to consider the request of Dewberry/Preble-
Rish, LLC for Plat approval of Montrose Preserve, Phase 1, a
3-lot minor division. The property is located on the east side
of Main Street between Ledyard Street and Ecor Dechene.
PPIN #: 75978
4. Old/New Business
• By-laws Discussion -Art Dyas
5. Adjourn
September 5, 2017
Planni ng Commi ssi o n Minutes
The Planning Commission met Tuesday, September 5, 2017 at 5:00 PM at the City
Municipal Complex, 161 N. Section Stteet in the Council Chambers.
Present: Lee Turner, Chairperson; Ali Dyas; Charles Johnson; Richard Peterson; Ralph
Thayer; Hollie MacKellar; Wayne Dyess, Planning Director; Nancy Milford, Planner;
Buford King, Planner; Emily Boyett, Secretary; and Ken Watson, City Attorney
Absent: Jay Robinson and Rebecca Bryant
Chairman Turner called the meeting to order at 5:05 PM and announced the meetirtg is
being recorded. Mr. Turner announced the proposed rezoning on Manley Road for
Pinewood Subdivision is not on tonight's agenda and Item H. SD 17.20 has been
withdrawn by the applicant. He also stated Item L. SD 17.24 will be heard first.
The minutes of the August 7, 2017 meeting were considered and Ralph Thayer moved to
accept the minutes as written and was 2nd by Charles Johnson. The motion cani.ed
unanimously.
SD 17.24 Public hearing to consider the request of Dewberry/Preble-Rish, LLC for
Multiple Occupancy Project approval of the Retreat at Fairhope Village, a 240 -unit
project, John A vent. The project is located at the east end of Fly Creek A venue, behind
Publix in The Shoppes at Fairhope Village. Mr. Dyess gave the staff repmt saying the
property was zoned PUD in 2006 and the plan was amended in 2016. He explained the
staff review is limited to the teclmical review of the Multiple Occupancy Project
requirements and to verify consistency with the Subdivision Regulations and PUD
ordinance . Mr. King gave an overview of the site history and stated Larry Smith of S.E.
Civi l Engineering, LLC , the third-patty engineer, is present for any questions. Staff
recmmnendation is to approve the Multiple Occupancy Project. Mr. Smith explained the
drainage system consists of 8 outfall structures constructed of gabion stone and located in
various locations along the southern and southwestern areas of the subject property. He
stated the structures are interconnected to allow discharge along the entire buffer. Mr.
Smith confmned the drainage calculations and design meet the requirements of the PUD
ordinance and the Subdivision Regulations. Mr. Dyas asked what will keep the filter
fabric from deteriorating in the system and Mr. Smith responded the design is not just
filter fabric but rock in wire baskets with sumps in each structure and snorkels for
floating deb1is. Dr. Thayer noted gabion walls can fill up and slump like at the Green 's
prope1ty. Mr. Dyas said Fly Creek suffered tr·emendously with the Publix project and he
asked how muc11 water will this system be able to handle. Mr. Smith answered the design
meets the latest standards and requirements and can handle 14" in 24 hours. Mrs.
MacKellar said there are only 2 drainage structures shown and not along the entire length
of the wetlands. She said there is no protection for the wetlands and it still seems like
point discharge. Mr. Smith explained each structure has a 40' swath to distribute along
and the design meets the PUD ordinance specifications. Mrs. MacKellar asked why there
isn't a 100' buffer and Mr. Smith responded the buffer is 30' and 50' as per the
ordinance. Mr. Dyess stated the project has been reviewed against the cunent PUD and
he noted drainage structures are allowed in buffers. John Avent ofDewberry/Preble-
Rish, LLC addressed the commission saying the design is very detailed to mimic sheet
flow with the gabion wall.
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Septemb er 5, 20 I 7
Pl aanin g Co mmi ssi on Minut es
Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner
closed the public hearing.
Andy Bobe ofDewben-y/Preble-Rish, LLC addressed the commission. He stated the
outfall strnctures have 320' plus another pipe connecting them, so it is technically the
entire length of the wetlands. Dr. Thayer and Mr. Dyas questioned the maintenance and
inspection requirements for the design. Mr. Bobe explained the design is set up to self-
clean but it will still be inspected. He stated the Maintenance and Operations Plan details
the process. Mr. Dyas asked if Mr. Bobe will be involved with the site work and Mr.
Bobe responded yes. Mr. Dyas asked if the area will be cleared and leveled and Mr.
Bobe stated the Wildemess Area will be left green but the retaining wall will have to be
installed. Mr. Peterson stated this is a unique site and it must be protected . He
questioned the velocity calculations to verify the rnnoff will not create erosion or
sediment discharge. Mr. Bobe stated the site will release 94 CFS and it is broken down
so it is a fraction of a CFS per linear foot along the 320 ' of pipe. Mr. Peterson said
typically the sediment and mnoff is worse during consh-uction and he asked if there is
planned phased constmction and BMP plans and Mr. Bobe responded yes. Mrs.
MacKellar questioned why we don't have the velocity numbers and Mr. Bobe explained
it is in the drainage calculations and report, he just doesn't have it in front of him . Mr.
Peterson stated he thought this project was going to be built in phases and Mr. A vent
stated it will be phased and these 4 buildings will be the first phase. Stuaii Speed of Leaf
River Group addressed the Commission saying they are planning to build one building at
a time . He explained they plan to work with the site and topography and not to level the
site. He said the buildings are split level and are not visib le from the road. Mr. Speed
stated they are looking at putting the wetlai1ds in a conservation easement or donating
them to Weeks Bay. He also noted they will not be bringing in any red clay or soils onto
the site. Mr. Dyas asked if the entire site will be cleared at one time and Mr. Speed
responded they are going to try to do a little at a time. Mr. Dyas said there are several
new members on the Cmrunission and he is just trying to understand the site history. Mr.
Speed stated they have worked hard on tlus application and it is their mission to prntect
the wetlands. He said tl1e engineers have verified the application meets the requirements.
Mr. Turner said the buildings follow the contour of the site and he is glad to see the
setback was changed to a buffer. He stated the decision tonight is down to whether it
meets our requirements or not.
Ralph Thayer made a motion to accept the staff recommendation to approve the Multiple
Occupancy Project. Art Dyas 2nd the motion and the motion carried with the following
vote: A YE -Art Dyas , Ralph Thayer, Lee Turner, and Richard Peterson. NAY -Charles
Johnson and Hollie MacKellar.
The Commission took a 5 nunute recess .
ZC 17.10 Public hearing to consider the request of HMR, LLC to establish initial
zoning of R-2 Medium Density Single Family Residential District conditional upon
annexation into the City of Fairhope, Tim Lawley. The prope1iy is located on the east
side of County Road 13 and is the eastern 324' of the property located at 19870 County
Road 13 , known as Parcel B. Mr. King gave the staff report saying the site is
approximately 1.04 acres and is sunounded on 3 sides by R-2 zoned prope1iy . Staff
recommendation is to approve with the following conditions:
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Septem ber 5, 2017
Plannin g Co mmi ss ion Minutes
1. Annexation of subject property into the City of Fairhope as adopted by the City
Council.
2. Administrative approval of a common lot line movement of Parcel Band C to
unify the two parcels into one parcel under Tax Parcel number 05-46-05-22-0-
000-001.565.
Mx. Turner opened the public hearing. Having no one present to speak, Mr. Turner
closed the public heming.
Ralph Thayer made a motion to accept the staff recommendation to approve with the
following conditions :
1. Annexation of subject prope1iy into the City of Fairhope as adopted by the City
Council.
2 . Administrative approval of a common lot line movement of Parcel B and C to
unify the two parcels into one parcel under Tax Parcel number 05-46-05-22-0-
000-001.565.
Art Dyas 2 nd the motion and the motion carried unanimously.
ZC 17.11 Public hearing to consider the request of the City of Fairhope Planning
and Zoning Department for a proposed amendment to Article V., Section B. Central
Business District Overlay of the Zoning Ordinance . Mr. Dyess gave the staff repmi
saying the proposed amendment includes changes to the location and size, building
height, and parking requirements for the Central Business District (CBD). He explained
staff used a "pedestlian shed" and the existing uses to logically set the boundaries for the
CBD. A "pedestrian shed,11 is the distance that can be covered in five minutes at a nonnal
walking pace of an average person. 'J;'his 5-minute walk equates to approximately 0.25
miles or 1,320 linear feet measured from the town center or neighborhood center. The
proposed CBD changes indicates that each parcel in the proposed CBD will intersects
with the pedesttian shed. Therefore, staff feels that the slight alteration in size of the
CBD east of School Street to Mershon Street for parcels fronting Fairhope Avenue ,
taking in four parcels at the comer of School Street and Equality Street, and four parcels
at the comer of Fels Avenue m1d Section Street are in keeping with intent of the CBD and
functional urban design of the CBD.
Mr. Dyess stated the current ordinance a11ows for a maximum height for non-residential
structures (commercial) of 35 '. The building height and the method of defining building
height limits the architectural style of buildings within the CBD which inhibits mixed use
potential re-investment. Staff proposes the building height shall not exceed 40 ' or 3
stories for all buildings in the CBD.
Dwelling units in the CBD must provide the required parking (1 space for mixed use
dwelling) on site. Most developed sites in the CBD do not have space or configuration to
provide parking on site for residential use , thereby inhibiting mixed use downtown.
Parking for non-residential is not required. However, the current CBD ordinance says,
"Residential and office is encouraged on the upper floors of buildings; lower floors are
encouraged to be retail or restaurants." Staff feels that additional measures are needed to
follow through with this measure due to the constraints of existing development
downtown. Additionally, the City is working to ensure that the existing parking deck
downtown is fully utilized (top 2 floors are rarely full) t1rrough a proper signage
wayfinding program. Staff proposes to eliminate the required parking for dwelling units
in the CBD.
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Plannin g Commission Minutes
She1Ty-Lea Bloodworth-Botop addressed the Commission saying the City has received
grant monies for a way-finding program to help with traffic and congestion. She cited the
Neel-Shaffer Traffic Improvements Report and said the City is working with BRA TS to
improve the parking deck. Mr. Dyess stated the City is trying to revitalize Downtown
and make it more vibrant. Dr. Thayer asked bow the building code will affect historic
buildings. Mr. Dyess responded the building code allows leniency for hist01ical
buildings.
1v1r. Turner opened the public hearing.
Carolyn Byars of 20971 Bishop Road-She asked what is the area ofwalkability. Mr.
Dyess responded it how far a pedestiian will walk in 5 minutes, approximately 1320'
from the intersection of Fairhope Avenue and Section Street.
Lany Smith of 968 Whittier Sh·eet -He asked would the property owners of the
prope1ties being removed from the CBD Overlay be notified. Mr. Dyess responded the
notice was in the paper.
Having no one else present to speak, Mr. Turner closed the public hearing.
Mr. Dyas asked why lots were split on Fairhope Avenue and Johnson Avenue. Mr.
Dyess responded the line runs along the property lines for each lot except for one lot
which has frontage on both street. The lots on Johnson A venue are all residential in use
expect for the lot that goes all the way through. Mrs. MacKellar asked if the properties
being removed from the CBD Overlay will have to go tlu·ough a zoning change and Mr.
Dyess responded no, their zoning is not changing. He added the properties will no longer
have the additional uses allowed by the overlay district. Mr. Turner noted most of the
properties being taken out are residential homes on the west side of Church Street.
Art Dyas made a motion to approve the changes as presented. Ralph Thayer 2nd the
motion and the motion carried 1manimously.
ZC 17 .12 Public hearing to consider the request of the City of Fairhope Planning
and Zoning Department for a proposed amendment to AI·ticle IX., Section C.
Definitions of the Zoning Ordinance to amend the definition of Building Height. Mr.
Dyess gave the staff report saying the purpose of this amendment is to provide continuity
between the Zoning Ordinance and the Building Code. The cunent definition measures
from the natural elevation at the front of the building to the highest point of the roof. The
proposed definition would measure from the natural elevation of the lot to the mean point
of the roof of the building. Staff recommendation is to approve the proposed definition to
read as follows: "Building, Height: The ve1tical distance measured from the average
natural elevation of the lot to the mean point of the roof of the building."
Mr. Turner opened the public heating . Having no one present to speak, Mr. Turner
closed the public heating.
Ali Dyas made a motion to accept the staff recommendation to approve the proposed
definition to read as follows: "Building, Height: The vertical distance measured from the
average natmal elevation of the lot to the mean point of the roof of the building."
Ralph Thayer 2nd the motion and the motion carried unanimously .
ZC 17.13 Public hearing to consider the request of the City of Fairhope Planning
and Zoning Department for a proposed amendment to the Zoning Ordinance to
establish an Education District. Mr. Dyess gave the staff report saying the purpose of
this amendment is to update the Zoning Ordinance to establish an Education District
zoning classification to provide appropriated locations for education uses by public or
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September 5, 20 17
Planning Commission Minutes
quasi-public entities. The allowed uses in the proposed district would be elementary
school, secondary schoo l, education facility, and library. Staff recommendation is to
approve as proposed.
Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner
closed the public hearing.
Mr. Turner asked if this amendment would cover church schools and Mr. Dyess
responded no, those would stay under churches .
Alt Dyas made a motion to accept the staff recommendation to approve the establishment
of an Education District.
Ralph Thayer 2 nd the motion and the motion carried unanimously.
ZC 17.14 Public hearing to consider the request of the City of Fairhope Planning
and Zoning Department for a proposed amendment to Article III., Section D.9
Acces~ory Dwelling Units of the Zoning Ordinance. Mr. Dyess gave the staff repmt
saying the Zoning Ordinance prohibits accessory dwelling units by not allowing
kitchensl and are only permitted under special conditions. By not allowing a kitchen, per
the Zoning Ordinance, there is no dwelling as a dwelling requires "separate cooking and
housekeeping facilities". The purpose of this amendment is to allow accessory dwelling
units (with kitchens to make a bona fide dwelling unit), subject to locational requirements
contained in the Zoning Ordinance. The benefits of accessory dwelling units are many
including having the ability age in place, affordable housing, and the ability to have
fami ly stay close such as young adult relatives staiiing careers or elderly parents. These
serve not only economic benefits to a family but also social benefits . Staff
recommendation is to approve as proposed.
Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner
closed the public hearing.
Mr. Turner stated there was an Accessory Dwelling Committee several years ago due to
the Bluff area and concerns with parties and rentals. He suggested accessory dwellings
be required to meet the setbacks of principal struchu-es and Mr. Dyas agreed. Mr. Dyess
stated the proposed amendment requires the principal structure to be occupied by the
owner and occupants of the accessory dwelling must be a single family as defined by the
t erm "family'' in the ordinance. He also noted the short-tenn rental requirement s would
still be applicable.
Mac Walcott of 12330 Live Oak Street -He said if the restrictions are too stringent then
we won't get very many.
Mr. Dyess stated it is typical to find reduced setbacks for accessory structures but the
square footage or percentage of lot coverage could be restricted. D r. Thayer suggested
looking at the ULI's model ordinance. Mrs. MacKellar stated we have numerous
vacation rentals and Air B&Bs that are a source of income.
Ralph Thayer made a motion to table the request for further review.
Charles Johnson 2 nd the motion and the motion carried unanimous1y.
SD 17.19 Public hearing to consider the request of S.E. C ivil Engineering, LLC for
plat approval of Van Antwerp Park Subdivision, a 2-lot re-plat, Larry Smith. The
property is located on the north side of Pensacola Avenue between N. Section Street and
N. Mobile Street. Mr. King gave the staff report saying this request was on last month's
agenda and the re quest has not changed. Staff recommendation is to deny because the
proposed replat does not qualify as a replat. Mr. Watso n addressed the Commission
saying a replat is a subdivision but is so minor in nature that it is n ot required to come
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Septemb er 5, 2017
Planning Commi ss ion Minutes
before the Planning C01mnission. He stated this request does not meet the requirements
of a replat because it i s one lot. Mr. Waston reviewed the ownership history of the
property. He explained the prope1iy was surveyed and described with 2 metes and
bounds but the property is not 2 parcels. Mr. Turner asked why the prope1iy is not
required to wait 6 months prior to being heard again if denied . Mr. Watson explained
that statue is for preliininary plats. Mr. Walcott said Mr. Watson is redefining the
definition of a lot and rep lat. Mr. Turner stated there is an email group that is very
agaiI1st this subdivision. He asked why the applicant doesn't just wait until the
moratorium expires and submit a major subdivision. Mr. Walcott said if the Commission
can only do what their lawyer says then the Commission isn't needed.
Danny Calhoun of 319 Magnolia A venue -He stated there are 3 surveys with each one
showing 2 parcels . He said he wants the definition of a lot. Mr. Calhoun provided the
Commission with multiple historical deeds. He explained the applicant filed a quiet title
action and in June of 20 l 7 the final order was issued. He stated he disagrees that a
subdivision has never been legally obtained. Mr. Calhoun said multiple lots have been
subdivided by metes and bounds and an Attorney General opinion in the 80s and 90s
confinned it. He added the City recognizes the County's one-time split and family
divisions in the Planning Jurisdiction . Mr. Dyas responded the one-time split and family
divisions still went tlu·ough the process . He asked if the legal description included a less
and except for the 1ight-of-way would the applicant still contend it is 2 lots. He said just
because it is described iI1 2 legal descriptions doesn't make it 2 lots. Mr. Dyas asked if
fue two attorneys have talked since the last meeting and Mr. Calhoun responded yes, but
they both see it differently. Mr. Walcott said the issue is this is a new approach to
defining a lot and he wants an answer to what a lot is in Fairhope. Mr. Smith stated they
~ant clarity. Mr. Turner and Mr. Dyas suggested a committee be put together to come up
with a definition and gu idelines to detennine where the line will be set to accept existing
lots as legal lots. Mr. Dyas offered that any lots existing prior to the establishment of the
Planning C01mnission would be an easy line to follow. Mr. Stnith said Mr . Watson
added the word ''minor" to his detennination and the Subdivision Regulations do not say
"minor". Mr. Watson responded even a miI1or subdivision must come before the
C01mnission so a replat needs to be even less . He clarified that he is saying there are not
2 lots to stati with. He noted none of the surveys have the stamp of the Plam1ing
Cormnission and the City was not made a pati of the quite title. Mrs. MacKellar asked
why it took the applicant so long to come for clarification . She said if the applicant had
concerns then the Corm11ission should have concerns . Mr. Walcott responded the quiet
title was only for claiification and they were not trying to hide anything. He stated the
advertisements and legal ads were run in the paper as required. He added if tl1e citizens
have to read the notices to find out about changes then the City should too.
Mr. Turner opened the public heaiing. Having no one present to speak, he closed the
public heaiing.
Art Dyas made a motion to accept the staff rec01mnendation to deny because the
proposed replat does not qualify as a replat based on counsel's interpretation.
Ralph Thayer 2nd the motion and the motion carried unanimously.
SD 17.06 Public hearing to consider the request of Dewberry/Preble-Rish, LLC for
Preliminary and Final Plat approval of the Resubdivision of Lot 19, Fairfield Unit
VI, a 15-lot subdivision, Rick Davis. The prope1iy is located on the northeast comer of
the intersection of Boothe Road and Norman Lane. Mr. King gave the staff report saying
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September 5 , 20 17
Planning Commissio n Minutes
the prope1ty is 3.11 acres and 15 lots are proposed. The prope1iy is z oned PUD and 3
single family residences ctmently exist on the lot. This proposal will establish lot lines
for the 3 structures as well as establish lots for the remainder of Lot 19 resulting in a total
of 15 lots. Staff recommendation is to approve contingent upon the following conditions:
I. Reference to Fox Hollow subdivision in the dedication block of the plat shall be
corrected to reflect Fairfield Subdivision prior to recording.
2. A contour map overlaid an aerial photograph of the site shall be submitted to staff
under separate cover for file close-out purposes.
3. Provide individual signature blocks for all utility providers on the plat prior to
recording.
Mr. Turner asked if this request is for ownership purposes and Mr. King responded yes ,
the PUD specifies 15 units are allowed on Lot 19.
Mr. Turner opened the public hearing. Having no one present to speak, he closed the
public heaiing.
Rick Davis, representing BCL&L Acquisitions, LLC -He stated the concept of 15
detached units were approved with the PUD and this will establish individual lots for
each shucture. Mr. Peterson asked about utilities and Mr. Davis stated all utilities are
existing.
Ralph Thayer made a motion to accept the staff recommendation to approv e contingent
upon the following conditions:
1. Reference to Fox Hollow subdivision in the dedication block of the plat shall be
corrected to reflect Fairfield Subdivision prior to recording.
2. A contour map overlaid an aetial photograph of the site shall be submitted to staff
under separate cover for file close-out purposes.
3. Provide individual signature blocks for all uti lity providers on the plat prior to
recording.
Art Dyas 2 nd the motion and the motion carried unanimously.
SD 17 .21 Public hearing to consider the request of Lee Rivenbark for plat approval
of Willow Pond Estates, a 2-lot minor subdivision. The prope1iy is located on the
northwest comer of the intersection of Gayfer Road Extension and Bishop Road. Mr.
King gave the staff report saying the property is approximately 1.8 acres and 2 lots ai·e
proposed . The site is zoned R-4 Low Density Multi-Family Residential District but no
conshuction is associated with the project at this time. He noted a wetland delineation
and 30 ' wetland buffer has been provided . Staff recommendation is to approve
contingent upon the fo llowing conditions:
I. Wetland buffer signage complying with City of Fairhope Subdivision Regulati ons
Aliicle V. Section F .4.i. shall be installed and inspected by staff prior to any land
disturbance activities and shall also be noted on the plat p1ior to recording. The
applicant shall coordinate inspection of the w etland buffer signage with staff.
2 . The applicant shall submit a landscape plan including a tree protection plan
complying with City of Fairhope Subdivision Regul ations Article V. Section
D .5.a.(11) prior to any land disturbance.
Mr. Turner opened the public hearing.
Carolyn Byars of 20971 Bishop Road -She asked how many units are going to be built.
She also said the wetlands on the property have been filled.
Hav ing no one els e present to speak, Mr. Turner closed the public hearing.
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Sept emb er 5, 20 l 7
Pl a nnin g Com mi ss io n Minu tes
Mr. Dyas stated the zoning allows a maximum of 7 units per acre but no conshuction
plans have been submitted at this time . Mr. Rivenbark said the piles of dirt that were on
the property have been spread out but the wetlands were not touched . Mr. King stated the
City 's Code Enforcement Officer can visit the site to verify the wetlands have not been
disturbed .
Art Dyas made a motion to accept the staff recommendation to approve contingent upon
the following conditions :
1. Wetland buffer signage complying with City of Fairhope Subdivision Regulations
Article V. Section F.4.i. shall be installed and inspected by staff prior to any land
disturbance activities and shall also be noted on the plat prior to recording. The
applicant shall coordinate inspection of the wetland buffer signage with staff.
2. The applicant shall submit a landscape plan including a tree protection plan
complying with City of Fairhope Subdivision Regulations Article V. Section
D.5.a.(11) prior to any land disturbance.
Richard Peterson 2 nd the motion and the motion carried with the following vote: AYE -
Ali Dyas, Charles Johnson, Lee Turner, Hollie MacKellar, and Richard Peterson. NAY -
Ralph Thayer.
SD 17.22 Public hearing to consider the request of HMR, LLC for Final Plat
approval of Battles Trace, Phase IV, a 27-lot subdivision, Tim Lawley. TI1e prope1iy
is located on the north side of Battles Road , north of Colony at the Grand. Ms. Milford
gave the staff report saying the prope1iy is approximately 8.61 acres and is zoned TR
District. Staff recommendation is to approve contingent 11pon the following conditions :
1. The submittal of a satisfactory financial guaranty packet being submitted.
2. The final punch list shall be completed and satisfied to the approval of the City of
Fairhope Superintendents .
3. The Operations and Maintenance Plan shall be recorded at the time of final plat
recording.
Mr. Turner opened the public hearing. Hav ing no one present to speak, he closed the
public hearing.
Mrs. MacKellar questioned the site being zoned for Fairhope Elementary School and not
Newton. Ms. Milford said there may have been a mistake on the map she referenced for
the infonnation. Mr. Dyas asked who is reviewing the information for the school system
and Mr. Dyess responded staff provides the information to the Board of Education every
quarter.
Art Dyas made a motion to accept the staff recommendation to approve contingent upon
the following conditions:
1. TI1e submittal of a satisfact01y financial guaranty packet being submitted.
2. The final punch list shall be completed and satisfied to the approval of the City of
Fairhope Supe1intendents .
3. The Operations and Maintenance Plan shall be recorded at the time of final plat
recording.
Charles Johnson 2 nd the motion and the motion carried unanimously.
SD 17.23 Public hearing to consider the request of Dewberry/Preble-Rish, LLC for
Final Plat approval of Phase 3 of Greenbrier at Firethorne, a 29-lot subdivision,
John A vent. The property is located west of Quail Creek Villas and north of Stone
Creek Villas . Ms. Milford gave the staff report saying the prope1iy is approximately
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September 5, 2017
Pl anni ng Coaunissioa Minutes
16.27 acres and is zoned PUD. Staff recommendation is to approve contingent upon the
following conditions:
1. The final inspection punch 1 ist shall be completed to the satisfaction of the City of
Fairhope Superintendents.
2. The Operations and Maintenance Agreement and Plan shall be executed and
recorded.
Mr. Turner opened the public hearing. Having no one prese nt to speak, he closed the
public hearing.
Hollie MacKellar made a motion to accept the staff recommendation to approve
contingent upon the following conditions:
1. The final inspection punch list shall be completed to the satisfaction of the City of
Fairhope Supeiintendents.
2. The Operations and Maintenance Agreement and Plan shall be executed and
recorded.
Ralph Thayer 2 nd the motion and the motion carried unanimously.
UR 17.02 Request of AT&T for an 11.52.11 Utility Review and approval of the
proposed underground installation of approximately 2,420 linear feet of fiber optic
cable, Wade Mitchell. The project will run along the east side of n. Section Street, to
the north side of Bayou Drive, and the west side of Fairwood Blvd. to service 550
Fairwood Blvd. Mr. Dyess gave the staff report saying AT&T will be placing
approximately 2,420 linear feet of 1.5" HDPE conduit, equipped with a fiber optic cable
to service the US National Guard Annory at 550 Fairwood Blvd. The applicant is also
proposing to install 4 -30"x48" handholes. A ll work proposed will be in the City of
Fairhope right-of-way. The entire project shall be directionally bored; no trenching is
allowed. Staff recommendation is to approve conditional upon the following:
1. The applicant shall follow the general comments related to utility work as stated
in the staff report.
2. All mechanical and locator equipment shall be painted munsell green.
Ralph Thayer made a motion to accept the staff recommendation to approve conditional
upon the following:
1. The applicant shall follow the general comments related to utility work as stated
in the staff report.
2. All mechanical and locator equipment shall be painted munsell green.
Art Dyas 2nd the motion and the motion canied unanimously.
Mrs . MacKellar asked if the work could be schedule around school traffic. Mr. Peterson
asked if the City receives video confirmation of the b01ing to make sure no utilities have
been hit.
UR 17.02 Request of AT&T for an 11.52.11 Utility Review and approval of the
proposed underground installation of approximately 4,837 linear feet of fiber optic
cable, Wade Mitchell. The project will mn along Windmill Road, Thompson Hall
Road, Morphy Avenue, and throughout Pecan Trace subdivision and Fox Hollow, Phase
1. Mr. Dyess gave the staff repmi saying AT&T will be placing approximately 4,837
linear feet of HDPE conduit, equipped with a fiber optic cable to service Fox Hollow,
Phase 1 subdivision. The applicant is also proposing to install 4 pedestals and 11 -
30"x48" handholes. All work proposed will be in the City of Fairhope right-of-way with
18 road crossings. The entire project shall be directionally bored; no trenching is
9
September 5, 2017
Planning Commission Minutes
allowed. All remaining placement will be in utility easements. Staff reconunendation is
to approve conditional upon the following:
1. The applicant shall follow the general comments related to utility work as stated
in the staff report.
2. All mechanical and locator equipment shall be painted munsell green.
Ralph Thayer made a motion to accept the staff recmmnendation to cond itional upon the
following:
1. The applicant shall follow the general comments related to utility work as stated
in the staff report.
2. All mechanical and locator equipment sha ll be painted munsell green.
Charle s Johnson 2nd the motion and the motion carried unanimously.
Mr. Dyas asked how the applicant will cross the creek. Mrs. Boyett responded the
portion crossing the creek will b e in a utility easement and not in the 1ight-of-way.
IR 17.04 Request of James Jackson for an Informal Review of Clay Properties, a 4-
lot subdivision, Randy Niemeyer. The prope1ty is located on the east side of County
Road l 3approximately ¼ mile 1101th of the intersection of County Road 3 and County
Road 13. Mr. Kfog gave the staff report saying the property is approximately 6.3 acres
and Mr. Jackson is conside1ing submission of a sub di vision application that will include a
va1iance of the requirement for a 100' w ide minimum lot width. The minimum lot width
for unzoned areas within the City of Fairhope Planning Jurisdiction is desc1ibed in
Article V, Section E.2.b.(1) of the City of Fairhope Subdivision Regulations.
Mr. Niemeyer addressed the Commission saying there is an existing 40' easement to
access the radio tower to the east of the property and the applicant would like to use it in
conjunction with 20' of the subject property to access proposed lots that do not have
street frontage. Mr. Watson stated a waiver request would need to be submitted at the
time of subdivision application. Dr. Thayer said this wou ld allow the add itional
properties to the east to develop. Mr. Turner stated he liked the size of the proposed lots
and that it would be 2 less on County Road 13 but the road would need to be publicly
maintained.
Old/New Business
SD 17.18 Kirkman Lane Subdivision Amendment. Mr. King stated this case was
heard last month and the applicant is requesting approval condition #6 . "A note shall be
added to the plat that states drainage shall be required at the time of building permit" be
removed. The applicant contends the drainage is not required for a minor plat and does
not want it noted on the plat. Mr. King stated the Erosion and Sediment Ordinance would
provide the protection for adjacent properties due to any drainage or runoff. Mr. D yas
questioned whether this can be done without another public hearing and Mr. Watson said
he is not sure.
Lee Tacon of 738 S. Mobile Street -He said this request puts an undue burden on the
prope1ty and will make it harder to sell and reduces the property value.
Mr. Dyas st at ed he doesn't h ave an issue with the request but wants to make sure
procedurally it is done con-ectly. Mr. Peterson asked why the applicant doesn't just put
in the drainage to h elp the neighbor.
Art Dyas made a motion to table the request until the next meeting.
Ralph Thayer 2 nd the motion and the motion carried unanimously.
Se ptember 5, 2017
Plannin g Comm iss ion Minutes
Having no further business , Art Dyas made a motion to adjourn. Ralph Thayer 2 nd the
motion and the motion carried unanimously. The meeting was adjourned at 8:56 PM.
Lee Turner, Chairman Emily Boyett, Secretary
11
MEMO
Date: August 29, 2017
To: Fairhope Planning Commission
From: Wayne Dyess, AICP
Planning Director
Re: Accessory Dwelling Units
******************************************************************************
The City of Fairhope Zoning Ordinance defines an accessory dwelling unit as:
Article IX. Section B(k). Accessory Dwelling Unit -a dwelling unit that is associated with and
incidental to a principal use, and is on the same lot as the principle use .
However, the Zoning Ordinance prohibits accessory dwelling units by not allowing kitchens 1 and are only
permitted under special conditions. By not allowing a kitchen, per the Zoning Ordinance, there is no
dwelling as a dwelling requires "separate cooking and housekeeping facilities"2
The purpose of this amendment is to allow accessory dwelling units (with kitchens to make a bona fide
dwelling unit), subject to locational requirements contained in the Zoning Ordinance .
The benefits of accessory dwelling units are many including having the ability age in place, affordable
housing, and the ability to have family stay close such as young adult relatives starting careers or elderly
parents . These serve not only economic benefits to a family but also social benefits.
1 Fairhope Zoning Ordinance, Article Ill. Section D.9(c)(2)
2." ""Article IX. Sect i on A. Definitions and Interpretation 1. Dwelling Use Category
1 City of Fairhope Zoning Ordinance
2
3 Article Ill. D.9. Accessory Dwelling Units
4
5 a .
6
7
8
9
10 b.
11
12
13 C.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31 d .
32
Intent: The intent of the special conditions for accessory dwelling units is to allow flexibility in
living arrangements and home occupations while maintaining the residential character of
existing neighborhoods. These standards apply to all districts except for the Village Districts in
Article VI.
Location Restrictions: Accessory dwelling units shall be located on the same lot as the principal
structure and are subject to the dimension standards in Section C.2. of this Article.
Site Requirements:
(1) Any accessorv structures shall only have a half bath.
(2) Kitchens and electrical wiring or gas supporting kitchens are prohibited.
(i1J Any accessory structure proposed for office or extra living areas shall not be larger than
50% of the gross square footage of the principal structure.
(41 ) Any utilities for an accessory structure shall run through the principal structure.
(Ml The principal dwelling unit located on a parcel or land containing an accessory dwelling shall
be occupied by the owner.
(aS) Occupants of the accessory dwelling must be a single family as defined by the term "family"
in Article IX. of the Zoning Ordinance and are only permitted in allowable zoning districts.
(76) An accessory dwelling shall meet the same parking requirements of a principal dwelling.
(&7) Any residential accessory dwelling must comply with Article Ill. Section C. Zoning Districts
Dimension Standards .
(98) An accessory dwelling shall not exceed fifty (50) percent of the square footage of the base
floor area of the principal dwelling or 1,100 square feet, whichever is less.
(±G9) Only one accessory dwelling unit per parcel is permitted.
(-110) The accessory dwelling unit height shall not exceed the height of the principal structure.
(11~) Manufactured homes may not be used as an accessory dwelling unit.
Exception: ~Jotwithstanding anything contained in this subsection 9 to the contrarv any "bona
fide" motherin law suite with a kitchen, attached to the principle stru ctu re, under commo n roof,
CODING : Underscore indicates additions; strikethrough indicates deletions.
33
34
shall not be seemed to be an accessory dwelling unit for purpose of this zoning ordinance but,
instead, shall be deem es to be a part of the principle swelling unit.
CODING : Underscore indicates additions; strilmthrough indicates deletions.
MEMO
Date: September 25, 2017
To: Fairhope Planning Commission
From: Wayne Dyess, AICP
Planning Director
Re: Site Plan Review Amendment
******************************************************************************
The attached is a proposed amendment to the City of Fairhope Zoning Ordinance Article II. Section C.2 .
regarding site plan reviews. Below is the current language and the proposed language is attached as a
"draft".
Th intent of the proposed site plan review language is to focus more on the planning aspects of site plan
review rather than the detailed engineering. This will shift the primary focus of a site plan review being
heard by the Planning Commission and City Council from an engineering review to a planning review
where compatibility and site integration with the surroundings will be the primary focus. However, all
projects will still receive a thorough and detailed engineering review based on City ordinances and
standards, but only after site plan approval is given by the City Council. The proposed language also
contains several footnotes which provide some context for the changes.
The current language contained in Article II. Section C.2. is as follows:
2. Site Plan
a. Initiation -Review of (preliminary) site plans accompanying a zoning map amendment shall be
reviewed according to the zoning amendment procedures. (Final) site plans that do not accompany a
zoning map amendment shall be reviewed according to this section. Site plan approval is required when
any commercial building(s) located in a business-zoning district (industrial zoning excluded) or in the CBD
overlay:
(1) Has a gross floor area of 10,000 square feet or greater; or,
(2) More than 30% of the lot (excluding the building) is impervious; or
(3) All applications for zoning map amendments to rezone property to any of the Village Districts in
Article VI. However, applicants for rezoning to the village districts may elect to use the special review
procedures in Article VI, Section D. for review of the rezoning application and site plans associated
with a village development.
(4) A mandatory site plan review application for all mixed-use projects electing to build to 35 feet height
with 33% residential, regardless of whether or not it triggers site plan review approval, must make
application to the Planning and Zoning Commission for approval.
b. Application -An application for site plan review shall be submitted on the application form provided by
the Director of Planning and Building. The application shall include all information requested on the
application form. Preliminary review with the Director and the Planning Commission, prior to a formal
application is encouraged. If the application is not complete, the Director shall notify the applicant in
writing indicating necessary steps to cure the incomplete application. The application shall be submitted
with drawings showing the location of the site and all existing and proposed buildings with sufficient
information to evaluate impacts on adjacent properties. Sheet size shall be large enough to document all
physical features and shall be suitable for public record. The application does not require public notice
nor public hearing.
c. Review -Site plan review shall occur according to the following:
(1) A complete application shall be reviewed by the Director of Planning and Building.
(2) Applications shall be submitted according to the published Planning Commission schedule. The
Planning Commission shall consider the application and take one of the following actions:
(a) Approve the site plan;
(b) Approve the site plan, conditioned on specific revisions;
(c) Deny the site plan; or
(d) Continue discussion of the application for further study. An application shall only be continued one
time without the applicant's consent before the Planning Commission shall take one of theabove actions.
An applicant may agree to more continuances.
{3) The City Council shall consider the site plan only after review and recommendation from the Planning
Commission. The City Council shall have the final authority on site plan approval.
d. Criteria -The application shall be reviewed based on the following criteria:
(1) Compliance with the Comprehensive Plan;
{2) Compliance with any other approved planning documents;
(3) Compliance with the standards, goals, and intent of this ordinance and applicable zoning districts;
(4) Compliance with other laws and regulations of the City;
(5) Compliance with other applicable Jaws and regulations of other jurisdictions;
{6) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts,
and property values;
(7) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical
impacts, and property values;
{8) Overall benefit to the community;
(9) Compliance with sound planning principles;
{10) Compliance with the terms and conditions of any zoning approval;
{11) Any other matter relating to the health, safety, and welfare of the community;
(12) Property boundaries with dimensions and setback lines;
(13) Location of proposed buildings and structures indicating sizes in square feet;
{14) Data to show percentage of lot covered with existing and proposed buildings;
{15) Elevations indicating exterior materials;
{16) The locations, intensity, and height of exterior lights;
{17) The locations of mechanical equipment;
{18) Outside storage and/or display;
(19) Drive-up window locations (must be away from residential uses/districts and not in front of
building);
{20) Curb-cut detail and /ocation(s);
(21) Parking, loading, and maneuvering areas;
(22) Landscaping plan in accordance with the City Landscape Ordinance;
{23) Location, materials, and elevation of any and all fences and/or walls;
(24) Dumpster location and screening; and
(25) Location and size of all signage.
e. Effect and Limitation on Approval -Site plan approval stands for 365 days from the approval date. If
the building permit has not been issued within this time, the site plan approval shall be null and void. The
Council may consider a request for extension of this time up to 180 additional days for good cause. The
site plan may be amended, but amendments shall be subject to the same procedures as a new site plan
approval.
f Modifications -Modifications in substantial conformance with an approved site plan may be approved
by the Director of Planning and Building if they meet the following conditions:
(1) The modification addresses actual site conditions that were not anticipated in the reviewed site plan;
(2) The modification meets the intent of the site plan standards in an equivalent or improved manner
than the original site plan; and
(3) The modification results in no greater impact on adjacent property than the approved site plan .
g. Nullification for Misrepresentation -Any site plan decision that is based in any part on testimony,
plans, studies or other support that is later found to have been a material misrepresentation may be
summarily nullified. Summary nullification shall require evidence of the misrepresentation at a formal
Council meeting and the concurring vote of 4 members of the City Council. It shall not require a formal
site plan review process because the initial Council action will be determined null and void due to the
material misrepresentation.
Project Name:
Pinewood Subdivision
Project Type:
Final Plat
Project Statistics:
Size: approx. 9.7 acres
No. of Lots : 7
Jurisdiction:
City of Fairhope Planning,
Police and Permitting
Jurisdictions
Zoning District:
unzoned
PPIN Number:
230553
General Location:
South side of Manley Road
between Saddlewood Sub .
and the Fairhope Municipal
Soccer Complex
Engineer:
Sawgrass Consulting, LLC
Owner:
Sweetwater Investments, LLC
School District:
Larry J. Newton School
Recommendation:
Approval with conditions
1
City of Fairhope
Planning Commission
October 2, 2017
Case: SD 17.25 Pinewood Subdivision
Legend
....... Subjtc!Pdroel
CITY OF FA IRHOPE ZONI NG
Zoning
~ TR Toum1 Ru.art
1111 R-.t,,, ReslllentlO I / A.oliQlllurc Disana
R-1 LowO,en.u:y Slflg le-Fam ly
lllit RI (•!
LJ Rl (b )
Rl(c)
R-2 1.,e<l&1m □C11$1lyS n g1e.fam11y
R-3 High Density Single-F1m,y
R-l PGH Paha/Garden S110 1e Famiy
\=i R-3 ili Tov.nhous.e Slflgl c Farr,lly
..: R • .-LowOenstyl,\uti-Fam1ly
R-S tiion Dcns«y Ov~IJ19 Residential
Ill B-I Loe.! Shopping D11111d
8-2 Gcner~I BuSin css Oou,a
Ill S.la To,mst Reson Lcagmg Distna
Ill 8--3b Touns; Ru on C.ommeroal SeMCt 015lna
1111 8-J Business and ProfesS10n1I O151:ni:t
1111 L\-1 Llghl lndus1na1 O,stnct
IIII P-1 Pa1'.ng
(:=!Parce llotllne
SITE
SD 17 .25 Pinewood Sub. -Oct. 2, 20 17
Summary of Request:
Request of Sawgrass Consulting, LLC for Final Plat approval of Pinewood Subdivision, a 7-lot division.
The property is located on the south side of Manley Road between Saddlewood Subdivision and the
Fairhope Municipal Soccer Complex. The largest lot is approximately 323,392 sf and the smallest lot is
17,570 sf.
Site History: The subject property is unzoned and received preliminary plat approval on November 10,
2016. The conditions of approval are as follows:
1. Sidewalks shall be placed along Manley Road.
2 . The applicant is dedicating 10' right-of-way to the City of Fairhope. This conveyance shall be
completed upon submitta l of a final plat. Any required City Council approval shall be obtained .
3. The applicant shall revise the drainage, low impact development (LID) and Operations and
Maintenance (O&M) Plan to reflect the removal of the sand filter. Also, staff needs
confirmation for Dewberry/Preble-Rish, LLC that the soccer drainage can accommodate the
additional storm water.
4. The applicant shall provide an ADEM Notice of Intent.
Case Number Applicant Case Type I Subdivision
Name Lots Locat ion Zoning I PZ Date PZ Decision
SD -16-24 Sawgrass Preiminary Pinewood 7 Outsi de n/a 111/10/2016 Approved
Consulti ng , LLC Pl at Subdivi si on
SD -17-25 Sawgra ss Final Pinewood 7 Outside n/a 110/2/2017 TBD
Con sulting, LLC Plat Subdiv is ion
Pinewood Subdivision Site Photos:
View from Silage Drive looking northeast. view from Silage Drive looking southeast.
School Impact analysis: The student yield factor (SVF) is calculated by dividing the number of students
by dwelling type by the total number of dwelling units in an attendance. For example, if we have 1,000
students occupying single family dwellings (SFD) in an attendance zone for elementary school, and the
attendance zone has 2,500 total dwelling units, we divide that by the number of single family dwellings
by the number of students residing in single family homes .
1,000 students+ 2,500 tota l number homes in the attendance zone= .40 students per single family
home.
2 SD 17.25 Pinewood Sub. -Oct. 2, 2017
Using these numbers, we can estimate the number of students a new 100-unit single family subdivision
could expect to generate would be 40 students. The same formula can be used to determine the SYF
for mobile home units, apartments etc.
The statistical factors below were based on county-wide analysis specific to Baldwin County.
The Baldwin County student yield factors for single family detached are:
K-6 -0.39 per unit
7-8 -0.11 per unit
9-12 -0.17 per unit
The Final Plat for Pinewood Subdivision, contains 7 single family lots. Applying the student yield
factors, the development is expected to generate 2.73 (7x .39} elementary school students, .77 (7x.11)
middle school students and 11.9 (7X.17} high school students.
Development Application Housing Total Units Attendance Zone SYF Expected
Name T e Type number student
Pinewood Sub . Final Plat SF 7 Newton Elementary .39 2.73
Fairhope Middle .11 .77
Fairhope High .1 7 11.9
Total 15.4
All Associated Investors: The investors in this project are Matthew D. Byrne and Todd Boothe.
Building Setbacks: The property is unzoned . However, the setbacks for lots 1-6 appear to be
consistent with R-1 standards and surrounding properties.
Streets and Lanes: The applicant stated that each individual lot will have its own driveway (no shared
driveways.} No roads are being installed as a part ofthis development.
Right of Way: The applicant is dedicating_ 10' of right of way to the City of Fairhope, along the 6 lots
fronting Manley Road. This was a condition of approval for the preliminary plat. As staff understands
it, the issue of the right of way is scheduled to go before City Council on September 25, 2017 for
acceptance approval.
Street Trees: The applicant provided the required number of street trees on the landscape plan. The
street trees are being bonded .
Sidewalks: Sidewalks will be constructed along Manley at the time of homebuilding. Sidewalks shall
meet the most current ADA accessibility requirements. The applicant's intent is to bond the sidewalks.
Storm Water: No storm water video was submitted as storm water pipes were not installed as a part
of the development. The LID infrastructure is being bonded. According to the engineer, the grass
swale is dependent upon the slope of the lots.
Fire Hydrants: There are two existing fire hydrants directly across the street from Lots 2 and 6
allowing for every lot to be 450' from a fire hydrant.
Operations and Maintenance Plan: The applicant has submitted an Operations and Maintenance
Agreement and Plan. The applicant shall execute and record the Operations and Maintenance Plan and
Agreement at the time of final plat recording.
3 SD 17.25 Pinewood Sub. -Oct. 2, 2017
Street Lighting: No street lighting is proposed.
Water and Sewer: Water is provided to each lot via¾" water services connecting to an existing 8"
water main located on the north side of Manley Road . The water main i s exi sting and there is no Bac-T
test. There is only a pressure test for the sewer force main for this application. No gravity sewer wa s
installed , lots are served by a 2" sewer line. The Operations Director has approved the sewer pressure
test.
GIS As-Bui/ts: The applicant has submitted as-builts of what is currently constructed; however, it is
missing the water service boxes. At the completion of water meter installation the applicant shall
submit final revised GIS As-Bui Its.
Siqnaqe: Per Kim Burmeister, subdivision signs will require separate permitting.
Completion of Improvements: The applicant has not called for a final inspection. The 6 parcels fronting
on Manley Road have very little infrastructure to be inspected . The Water Department will inspect and
approve the water meters once the work is complete. The applicant is providing a financial guaranty
for the sidewalks, street trees and LID . The financial performance guaranty package is complete.
Maintenance Bond: A m aintenance bond has been provided for the water and sewer work. The
financial guaranty pack was complete.
Recorded Plats: At the time of final plat, the applicant shall have all items completed so that the plat
may be recorded within a 60-day time frame, per the City of Fairhope Subdivision Regulations .
Other: Any applicable outside agency permits shall be obtained.
Recommendation: Staff recommends approval conditional upon the following conditions or approval:
4
1) The applicant shall in stall the water service for the lots facing Manley Avenue .
2) Approval of the 10' right of way dedication by City of Fairhope City Council.
3) The applicant shall submit GIS As-builts for final approval by the City of Fairhope Water
Department when completed.
SD 17.25 Pin ewood Sub. -Oct. 2, 2017
Page S of 10
APPLICATION FOR SUBDIVISION PLAT APPROVAL
Application Type : D Village Subdivision
D Preliminary Plat
D Minor Subdivision D Informal (No Fee)
~ Final Plat O Multiple Occupancy Project
Attachments: D Articles of Incorporation or List all associated investors
Date of Application ; 7 (2& / I J
Property Owner / Leaseholder Information
Name of Property Owner: &rff.WnlfL ~ll(phone Number: e:251-JS>-t<,ll,
Address of Pr~rty Owner: 20~6 GMNd ~D l~ 1 S'1'1 II~ Q
City: fq!&\:\ITt St~: -AL Zip: 3b5~2...
Proposed Subdivision Name: Pl~1,Q\) S½B.O\'lf\SloN Ptlf\$'G ONE
No. Acres in Plat: 9. JO ~0 No. Lots/Units: --'-..-=----
Parcel No: (6-j:b-O~-2..~-6-000-011:. cxff Current Zoning: \hJ{ZON6J)
Authorized Agent Information
l'hll mu s1 be signed b~, the-proptir~· ownr.r before-~cct"ptanct: l>y th e Citv of Fmrhopr
Name of Authorized A ent: S~~~((bNS\,(Lnrt6 Phone Number: $!-541:<noo
Address: It \G 3
City: • -f\\\\\~-State: 1... Zip: 3'.J5;)_,l
Contact Person:
Surveyor /Engineer Information
~::.~:: Firm\W'~t\SJ~ff ltJ J Phone Number: «:,;{-Sf!-WO
City: ~~~ft if ~ State: A1-Zip: Jla~2.]
Contact Person:
Plat Fee Calculation:
Reference: Ordinance 1 2 69
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 Fairhope Single Tax Corp . an
authot d Singler representative shall sign this applicatio~ ,.
l ' ,,ti YI -I( ~
Property Owner /Lerseholder Printed Name .sfgnatur
,·/c707
Date Fairhope Single Tax Corp . (If Applicable)
AUG '> ' 7017
~b
CERTIRCA TE OF APPROVAL BY BALO'MN COUNTY E.t.tC. (ELECTRIC)
THE UNDERSIGNED, AS AUTHORIZED BY BA LO WIN COUNTY [Jd.C,, HEREB Y
APPROVES TI-1E WITHIN PLAT fOR lt,E RECORDING OF SAME IN THE
PROBATE OFFJCE OF BALDWIN COUNlY, ALABAMA.
ll-11S THE ___ DAY OF ---------2017.
AUTHORIZED SIGNATURE
CER]FICAJE OF APPROVAL BX FAIRHOPE GAS
T11E UNOERSICNEO, AS AUll-lORIZED BY FAIRHOPE GAS. HEREBY APPROVES
THE WITHIN PLAT FOR THE RECORDIN G OF SAi.iE IN TH E PROBATE omcE
OF BALDWIN COUNTY, ALABAMA,
TH IS THE ___ DAY OF ______ 2017 .
{AO 1HoR12£D SICNA IORE)
CERTIFlCAJE OF APPROVAL BX FAIRHOPE WAJEB & SEWER
THE UNDERSIGNED, AS AUTHORIZED BY FAIRHOPE WATER & SEWER,
HEREBY APPROVES THE WllHIN PLAT FOR TI-IE RECORDING Of" SAME IN
THE PROBAtr. OFFlCE Of BALDWlN COUNTY, ALABf,J,4A,
THIS THE ___ DAY OF ______ 2017 .
{ AUlHORIZED SI GNATURE)
CER]FlCAJE OF APPROVAL BY lELEPHONE· [AT&T}
lHE UNDERSIGNED, AS AUTHORIZED BY AT&T, HERE BY APPROVES THE
'MTH IN PLAT FOR THE RECOROlNC 0t SAME IN THE Pi109Ai£ OFnCE
OF BA LD'MN COUN1Y, ALA BAMA ,
'THIS THE ___ DAY OF ______ 2017 .
(AUTHORIZED SIGNATURE)
FAIRHOPE PLANNIN G COMM ISSION
11-iE: 'l'IITHIN Pl.AT OF PINEWOOD SUBP!YISJON 9ALDW1N COUNTY,
ALABAMA, JS HER£BY APPROVED BY FA IRHOPE CITY PLANNING
COMMISS10,-.,.
THIS THE __ DAY Of _____ _ 2017.
PLANNING COMMISSIOH SErnETARY
CERTIFJCAJE OF OY,NERSHIP AND DEDI CATION
Sl A TE OF ALABAMA
COUNTY OF BALDWIN
THIS IS TO CERTlf Y THAT I, SWEETWATER INYESIMENIS Ll C AM lttE
OWNER OF THE LANO SHOWN AND DESCR IBED IN lHE PLAT, AND THAT I
HAVE CAUSED 1HE SAME TO BE SURVEYED AND SUBOIVIOEO AS INDtCAlED
HEREIN, FOR THE USES AND PURPOSE HEREIN SET FORTH AND 00 HEREB Y
ACKNOM..ECGE AND ADOPT TH E SAME UNDER THE DESIGN AND 'Tin£
H(~EON INDICATED: AND GRANT ALL EASEMENTS AND DEDIC ATE All
STREETS , AillYS, WAU<S, PARl<S ANO 01HER OPEN SPACES TO PUBLIC
OR PRIVATE USE AS NOTED TOGETHER 'Mlli SU01 RESTRICTIONS ANO
COVENANTS NOTED BELOW OR ATTACHED IN A SEPARATE LEGAL
DOCUMENT.
DATED nns THE ---DAY OF ------2017 ,
WITNE.SS NAME ANO Till£
CERDEJCADON BY NOTAR Y PUBLIC
STATE: Of ALABAMA
COU NTY or BALDWIN
I, _________ A NOTARY PUBLIC IN AND FOR iHE
COU NTY OF BAf..DWIN IN TH E STATE OF ALABAMA DO CERTIFY THAT 'WHOSE
NAl.lE IS SUBSCRIBED TO THE CERTIFICATE OF OYiNERSHIP AND DEDICATION,
APPEARED BEFORE ME 11-11S DA.Y IN PERSON A.ND ACKNOWLEDGED lliAT HE
SIGNED , SEAL.ED ANO DE LI VERED SAID INSTRUMENT AT 1HIS FREE ANO
VOlUN TARY ACT FDR THE USES AN D PURPOSE HEREIN SET FORTH.
GIVEN UNDER MY HAND AND NOTARIAL S(Al lt·IIS lHE _____ _
2017.
NOTAR Y PU BLIC
CERTIFlCATE Of APPROVAL ex THE COUNTY ENGINEER
lH[ WITH IN PLAT or PINEWOOD , BALDYt1N COUNTY,
ALABAMA, IS HEREBY APPROVED BY THE BALDWIN COUNTY ENGINEER
THIS THE ___ DAY OF" ______ 20 17 .
(AUTHORIZED SIGNAnJRE)
NUMBER: REVIS ION : DATE:
-1.EGfN.IL
CAPPED RED~ FOOHO
RCBAA FOUH0
CAPPED R[BAR SET
PROPERl'I' LINE
TEUPI-IONE PmEST"'1.
TU..£:Pt10NE PEOCSTAI.
SEWER VM.VE
FlRE t<YORANT
PINEWOOD SUBDIVISION
L ________ _
ENGINEERIN G -SURVEYING -CONSTRUCTION MANAGEMENT
1114:lm,'f HlilhwayJ I Spanir.hfllfll.l 30517
8 18N Mciienz&Sb'e<1 I Fo~y.AL J6~!'1
Phooe;(15 1i 6'4-7fl[J(l
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___________ _J
SAO OL£WOOD HOMEOWNEliS ...SSOCIATIO" INC
TAX PARC[L I
05 --46 -D8-28-0-D00 -01•.011
20S85 CTY ~D 13 STE 0
rAIRHOPE:, Al .\6532
POINT or 8£GINNIHG
i
!
i·--~ SITE
I
lit
VICINITY MAP (N.T.S .)
O11NER:
t.lATT BYRNE:
~Al£R IN"-'E.STUENTS UC
20585 COUNTY RD. l J. SU ITE B
FAIRHOPE, ;J. 36~2
Ml NI MUM BUILD ING SETBACKS
NORTH SIDE SOlfTH SID E
SURVEYOR:
ERCIL E. GODWIN , P .LS.
ALABAMA LICENSE NUMBER 26621
U'l'ILITY PROVIDERS :
WA"TER -CITT' Of FAIRHOPE
SE¥IER -CITY Of FAIAHOPE
POWER -BALD'MN EMC
l!l.EPHONE -AT&T
GINRIIAL NOTE:
LOTl 40.00'
WT2 40.00'
LOB 40.00'
LOT4 40.00'
W T5 ,0.00'
LOT6 ,0.00'
LOT7 30.00'
I. IIIAINT£NNiC£ OF lHAT ORMW:( EAS001 AI.D~ lli[ M'.IRlli lJil CJ= LOT 7 IS M RESPU61SIJJY Of 1'r1E
OW'N[R or LOT 7 lllllL 'TWIT llWf 14 WtlOi A PROP(R1Y CIWNOtS /1.SS()QAl)()N IS £StlJ3USHtD, If MR, ANO
M>.NTElWU IS MX£PTED B'I' SNO ASS00,1,1'10'4. M,IJh'TOW.;c( IS NDl M RES?OtBBUTY or Tl£ BALDW.N
COUm' COM.lillSSIOH NiO/rN. Tl£ aTY Df fMUIOPE.
2. A PRCffR'N CMNERS .tS!:ro,t,lDI (~) IS RfOUJiED TO et FOOIIED . TltE PCl4. IS REOUf!Ell to WMTMI Nff
~ ALl STOR>,1 ltATDI na rn ts .111'D stRUCNRCS LOCATED OOTSlOE or Tl£ f'la..Q.Y IICCCPTED
WfT-Of'-WA.Y.
DQffIJfSCfffllf1Cl,fI
35 .00'
35.00'
35.00'
35.00'
35.00'
35.00'
30.00'
~ THE UNDERS1G!ED, A REGtSTERfll PRCffSSlltW.. DtiHIFI N ltt[ STAJC Of HJ.IIAW, 00~6 C[RM('M[
""''"'===-H!REBY CERTIFY TliAT I ~\IE: RfVllll(O 1t£ DESIGN tDOI WHCH WAS ()Otj ( Ut(OCR WT
OIR£Cl cotm!a.. Nil Sl.ftJMSO,>f ,ltt'D nw , TOM B£Sl Of WY PFIOFt5'.5IOtW. IOIOWlIDC[ 00 TO it£ 0tSf Of
Ill' Brl.Ef, COORlRMS 10 Tt1E R[OIJIPOtENTS Cf' M f MIHOP[ SlJBDMSIOH 11£Gl.UmNS 00 TO fil one RU.IS,
RECUlATWlNS. 1.>,il'S, A..'(I OROtwtCES ~ 10 ll1 OCSICPt.
SilP flDtDnN-fJlfl'Y,PE
PRO.(Ct °'°'ECR:
NAYE.OfPHOOrcl':Pff:WOOO!'UD\1SIOtl
PlAH5 WHl>i AR£ ca:mr{D cotrSSf Of P.lr,I;!; __ ---OOi Of waCI-I ((AAS Ill' SEA:. #tO
'"''"""-'
GENERAL SURVEYOR'S NOTES:
WESTSIDE EA5TSIDE
10.00' 10.00'
10.oo' 10,00'
10.00' 10.00'
10.00' 10.00'
10.00' 10.00'
10.00' 10.00'
60.00' 35.00'
GRAPHIC SCALE
( 11,rar >
1 IDeh • fl() n..
"'
1, SOlJICES Of~ USED TO floCIUfAT{ IBS 5llMT wERE f'fl(WN; Sl.fM"l'S 8T Tl-IS f'JRl,i, ~ 6"r ono FIRMS o\HO IWJCJRIIAOOII f\.Rl{JSHfD BY CWfT.
t10 mu: SEN\CH, TITLE Of'NON CIR ~T WAS PCRf'Of!MED lJY 'TllS runt ~ '-IA.Y et OEtDS Dr RECOIID, LllflECORDED OEill5, fASOl:005, IIIGITT--<J-WAl'S. M
Ollfll '6TR\JMOO'S: Cf RECORD WIOCH COW) NTICT 1li[ BOUNDARCS Of nw:s m.,pam' mi., wtRC ~ 11lRtlSH[D AT 1IM[ or SUIMY.
2.. All BEARt«iS ~ ~ ON Tl£ GRID HORTH Nii OCIIRMHD fn' RIX CPS NU> REFIHENCtD 10 tWlel, ~ KS1 STATE Ml[ toalD"-'ro..
3. I HI.VE CONSW"ED lH[ FfDfRAL llSIJRN<f. Alll,llll!Sra,\TIOtl IW', OOU MUtoll'T P,11m. HO. 0l003C01IIOL EITTCIM' M.Y 11, 2001, NiD W.YE rotJI) TW.T mt DCSCRlSCD
P~ERTY IS LOC,\IBl II ZOfi£ ~-{t..,fS)W)fD), AA.OS OCl[Jb,IMI) 10 II( OUlStt lHE 0.2% N1t1LW. C~'IC£ n.ooD Pwt
4. FE.Jl WOOi< FOR 'MS S\lfM"I' WAS PEJlJ'0RMED OCT08[R, 2016.
5. Nrt nooo zooe:s GM.It Off SHOWN OH nt[ FN:f. Of 1llS DAA'll\'C AR[ SCAllD rROM Tli[ fID£JW. OlRCOfCY MAHACO,lfJ(f AGCHC'I' fUXXJ ltf5 l.lWjC[ WPS (5C'Ull
Olil.Y).
RfCQfjQ PfJ,CRlf'I]ON·
COMWDDfG AT Tt£ NDffll!EAST CORtD CJ' Tlt[ SOUTl£AST OUNfflJ! Of SCcnotl 28, lOWNSHP 6 50lllH, P.NiGf 2 EASI', IWlJO CCN.MY, ~ RUN
THOO:£ SOOTH ag-59•,w W£5T ALOHC IBE [AST-WESI' KU S'EI1lON LM.. 1327~2 FEIT TI> Nf RJN ~ ITfi 11{[ POil! Of EECIOflfG: 1M04C[ RUN so.tru
00'03'00' \lltST, 660.00 Fm 10 AH RlH ~; TH[};C( RllH sount 89°S!1'◄9" 1/1'[5(, 660.DO f[[l 10 1-Jl IRON PIN; Tli:Jil" Rl.tl HOliffl ()(J'Q.l00D ' £AST ,
560.CO fEEl TO 1-Jl l!ON PIN ; Tt£HC£ RUH HD1mt !9'59'◄9' OSI fi.50.00 fU1 TO Tl£ POINT Of B[GQHHG. LBS Ntr PQffiOH l l1HC wmtl-1 Ttt: laGKI Of
WAY Cf w.Nl.£Y ROAD.
t COfflfY lKI.T Ml P>RTS or THS 51/EM.Y AND CRWIHG Hl.VE SEDi COl,f\ffiD ~ JrL'CORIWa wnM rnr ClfROT (((IJUMM.OllS or THE Sl,.IJ.i[Wtf)S (I
PRACTCf rDR lNll SlJR'-,{Yl~G IN TIC STAT[ Of /IU.!W,M TO Tt£ BEST or Vf KHOWL.£DG£.. lffOl{lrMOOli i\NO IEJEF.
ma. E. GOOWIH, Pl.5 0,,T[
AiA&I.W. UCOtS[ H\NID 26621
FINAL PLAT SCALE: ,-= 50·
DATE ; AUGUS T, 2017
PINEWOOD SUBDIVISION DRAWN BY : JLG
CHECKED BY: SJD
SWEETWATER IN VESTMENT S LLC SHEET: OF
Project Name:
Main Street at Montrose
Project Type:
Minor Subdivision
Jurisdiction:
Fairhope Corporate Limits
Zoning District:
PUD Planned Unit Development
PPIN Number:
75978
General location:
Main Street one lot north of
Ecor Dechene Court
Engineer:
Dewberry/Preble-Rish, LLC
Owner:
Burgess A. Thomasson, Jr.
School District:
Fairhope Elementary, Middle,
and High School
Recommendation:
Conditional Approval
1
City of Fairhope
Planning Commission
October 2, 2017
Case: SD 17.26 Main Street at Montrose
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SD 17.26 Main Street at Montrose -Oct . 2, 2017
Summary of Request:
Public hearing to consider the request of Dewberry Prebble-Rish, LLC for plat approval of Main Street
at Montrose, (a component of Phase I of Montrose Preserve PUD) a 4-lot minor subdivision (three new
lots with a remnant parcel).
Comments:
2
• All associated Investors: All associated investors have been provided. The owner of
subject property is Burgess A. Thomason, Jr.
• Lot standards: The property is currently zoned PUD, Planned Unit Development.
Subject property is a component of Montrose Preserve PUD approved by the Fairhope
City Council June 12, 2017.
• Lot Access: All lots front on Main Street, a paved, publicly maintained street
• Structures: No existing structures are currently located on the subject property.
• Natural Features: The engineer of record provided a soil map from USDA's Web Soil
Survey and found no hydric soils on subject property.
• Easements: 10' drainage and utility easements are noted on the plat. See conditions of
approval for corrections to drainage and utility easements necessary to comply with City
of Fairhope Subdivision Regulations.
• Storm water standards: The engineer of record provided a supporting document
indicating the projected runoff created by homes built on the subject property will
absorb the additional runoff without detention, and that the clearing, routing and
concentrating of runoff from the subject property is more likely to cause damage to a
downstream watershed than if the rear of the subject property was left natural. As a
result, the engineer of record does not recommend onsite detention of storm water for
subject properties. Staff examined the 2017 Alabama Office of Water Resources flood
map for the area of the subject property and the subject property lies outside the Fly
Creek floodway. A flood certificate on the plat reflects flood zone "X" per FEMA flood
map panel 0642 suffix "L" dated July 17, 2007.
• Traffic Study: The engineer of record provided a supporting letter indicating the trip
generation of the subject property does not warrant a traffic study.
• Fire Flow: A fire flow model was not provided in the subdivision application. Approval
shall be conditional upon submission and approval of the fire flow model. Indicate
location of the nearest fire hydrant on the plat before recording.
• Utilities: Individual certificate of approval blocks for water & sewer, power, and natural
gas are included on the plat. Utility availability letters have been provided as noted
below. Utility providers are follows:
o Electrical -Riviera Utilities
o Water -Daphne Utilities
o Sewer -Fairhope Public Utilities
o Telephone -To be furnished under separate cover
o Natural Gas -Fairhope Public Utilities
• 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.
SD 17.26 Main Street at Montrose -Oct . 2, 2017
Recommendation:
Staff recommends APPROVAL of the minor subdivision application with the following
conditions:
1. Make corrections to the preliminary/final plat certificate blocks to reflect The Utilities
Board of the City of Daphne (Daphne Utilities) as the drinking water provider to the
subject property.
2. Make corrections to the preliminary/final plat certificate blocks to reflect Riviera
Utilities as the electrical provider to the subject property.
3. Finished Floor Elevations shall be reflected on the plat prior to recording.
4. Submission under separate cover and approval of a fire flow model for the subject
property is a condition of approval. Indicate the location of the nearest fire hydrant on
the plat prior to recording.
5. Make corrections to the preliminary/final plat to reflect 15' drainage and utility
easements as required by City of Fairhope Subdivision Regulations Article V, Section
E.5.a.
Site Photos:
3
Subject looking south east from Main St.
Subject property looking northeast from
Main St.
Subject property looking southeast from Main St.
Subject property looking north along Main St.
SD 17.26 Main Street at M o ntrose -Oct. 2, 2017
Page 5 of 10
APPLICATION FOR SUBDIVISION PLAT APPROVAL
Appli cation Type: O Village Subdivision
D Preliminary Plat
[Z] Minor Subdi vision D fnformal (No Fee)
□ Final Plat D Multiple Occupancy Project
Attachments: D Articles of [ncorporation or Li s t all ass ociated in ves tor s
Date of Appli cation : _______ _
Property Owner/ Leaseholder Information
Name of Property Owner: BURGESS A. THOMASSON Phone Number: 251 454-3473
Address of Property Owner: P.O. BOX 20:n 19'l'2.. '.l>PiU.P~t~ !>"(Ra:=:r
City: MOBILE State: AL Zip: 36606
Proposed Subdivision Name: Mo..11) ~1Yt'.t.t o:\--IV\oY\trO~e..,
No. Acres in Plat: ~2=·=55~A~C~------No. Lots/Units: 3
Parcel No: 43-09-43-0 -000-023.000 Current Zoning: __ P---'U'--CD'-------
Authorized Agent Information
Plat must be signed by the property owner befor e acceptance by the City of Fairhope
Name of Authorized Agent: DEWBERRY I PREBLE-RISH Phone Number: 251 929-9797
Address: 9949 BELLATON AVE
City: DAPHNE State: AL Zip : 36526
Contact Person: STEVEN PUMPHREY
Surveyor/Engineer Information
Name of Firm: DEWBERRY I PREBLE-RISH Phone Number: 251 990-9950
Address: 9949 BELLATON AVE
City: DAPHNE State: AL Zip: 36526
Contact Person: DAVID DIEHL
Plat Fee Calculation:
Reference: Ordinance 1269
Signatures:
I c ertify that I am the property owner /leaseholder of the a bove desc ribed property and hereby
submit this plat to the City for review. *If property is owned by Fairhope Single Tax Corp . an
1'~?6 A ,::f\.:lOMOb'.';)Ob) )~. ~---·· .ff="' -•• -.........., (Q_""""==r==~~-=-=r-r-----
authorized Single Tax r e present ative shall sign this appli cat ion ~
Property Owner/Leaseholder Printed Name ~
~/2zL2011
Da& 1 Fairhope Single Tax Corp . (If Applicable)
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CER T/FICA r[ OF A PROVAL BY THE c,rr OF FAIRHOPf:(c LECTRIC)
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CER TIFIC A TE:. OF APPROVAL 8) A T&T (TE:l EPHONE):
ft!£ UIIOERS IGNEO, A5 A\J TH O.'i'I Z£0 B i" -'T&T Ht.7'i(BT APPROVE S l'HE 'M fH III
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CER TIFI CATE OF APPROVAL Bl TH[ CI TY OF FA l/?HOP[.(WA TER)
n-t:.. \J NDE.RS t<::N;:o, .,,5 .l,IJ TJi CiilZED Ii'1 1l--lE CIN o r f".:O l fi.HOPE H::;;~9y
.:.FPROVE.S THE WITI·UN Pi..,,1 T ;q r, fH£ RtCORlliNG OF Sir.','£ IN Tri£ PROB ~E
Oi"flc:. or 811.1.D'NN COU NTY, :l.L.1 !:J.:.t.l ~ THI S _ IJ .1 'r Qi
________ 2017
CER TIFIC ATE OF APPRO~AL 8)' THE CIT Y OF FA IRHOPE (SEWER)
THE \J NOER StCU[D, 11,5 •UTI1 0nll:.O e r THE o r, Of "f .a.l~OF E r-f'El'!E.e,
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cff'I CE Df EI ALOWI N .cm m TY, AL:O B ,u.1 11., THI S --D"'T or _________ 2011
lolJ TH QFHztO REPRE~NT.:O TI Vt:
CERTIFICA TE OF APPROVA L BY TH[ r AIRHOP[ Pl 4NNINC COW,IISS/ON
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SITE DATA
CURRENT Z ON I NG: PUD
NUMBER OF LOTS: 3
SMALLEST LOT: 34 ,236 SF
LARGEST L OT: 40,805 SF
TOTAL AREA : 2.55 AC
REQUIRED BUILD I NG SET BACK LI NE S (BSL):
FRONT: 30 FEE T
REAR : 30 FEET
S IDE : 1 o FEET
SIDE STREET: 30 FEET
UTILITI ES
WATER SERVIC E: DAPHNE UTILITIES
S EWER SERVICE : CITY OF FAI RHOPE
ELECTRIC SERI/ICE: RIVIERA UT ILITIES
TELEPHONE SERVICE : AT&T
S U R VE YOR I ENGINE:ER:
DE WBERR )' / PREBL E-RISH
9949 BELL ATON A VE. DAPHNE. AL 55526
JO HN G A VEN T, PL S UC. NO 17393
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VICINITY MAP
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