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HomeMy WebLinkAbout07-02-2018 Planning Commission Agenda PacketKarin Wilson Mzyor Council Members Kevin G. Boone Rob ert A. Brown jack Burrell , ACMO jimmy Conye rs jay Robinson Lisa A. Hanks, MMC Ci!JI Clerk Deborah A. Smith, CPA Ci[Y 'lreasurer I 61 North Sec cion Street P.O. Drawe r 429 Fairhope , Alabama 36533 25 1-928-21ci6 251-928-6776 Fax ,vww.fairhopea l.go v Pnlltcd l!ll ll'CJ.'Cit.'d pcrpe.r 1. Call to Order 2. Approval of Minutes • June 4, 2018 City of Fairhope Planning Commission Agenda 5:00 PM Council Chambers July 2, 2018 3. Consideration of Agenda Items: A. SD 18.19 Public hearing to consider the request of HMR, LLC for Multip le Occupancy Project approval of a New Bank and Retail -Ecor Rouge, a 6-unit project. The project is located on the west side of Greeno Road between Edwards Avenue and Fairhope Avenue. PPIN #: 15439 B. SD 18.20 Public hearing to consider the request of HMR, LLC for plat approval of Ecor Rouge Place, A Condominium, a 6-unit condo development. The project is located on the west side of Greeno Road between Edwards Avenue and Fairhope Avenue. PPIN #: 15439 C. SD 18.24 Public hearing to consider the request of Sawgrass Consulting, LLC. for Preliminary plat approval of Twin Beech Estates, a 72-lot subdivision. The property is located on the north side of County Road 44 (a.k.a. Twin Beech Road) just west of St. Hwy. 181. PPIN#:77747,362500,362501,362502,362503, 362504, 362505, and 362506 D. SD 18.26 Public hearing to consider the request of Moore E. SD 18.27 Surveying, Inc. for plat approval of Re-Plat of Lots 4, 5, 6, 7, and 8 of Red Barn Road Estates, a 9-lot minor division. The project is located on the southeast corner of the intersection of County Road 33 and Red Barn Road. PPIN#:371725,371727,371728,371729,and 371730 Public hearing to consider the request of HMR, LLC for Multiple Occupancy Project approval of Old Battles Place, Phase 2, a 94-unit project. The property is located on the northeast corner of the intersection of Old Battles Road and S. Section Street. PPIN #: 21511 4. Old/New Business • Denial and Resubmittal Requirements -Subdivision Regula t ions Amendment -Art Dyas • Low Impact Development (LID) Memo -Buford King 5. Adjourn Summary of Request: Public hearing to consider the request of Hutchinson, Moore, and Ra ugh, LLC (HMR) on behalf of Fairhope Group, LLC for approval of a new bank and retail site Multiple Occupancy Project (MOP) at the Ecor Rouge Shopping Center. Subject property fronts upon Greeno Road consisting of approximately 5.76 total acres and 0.80 project site acres. Subject application is an MOP and does not request subdivision of lands or the creation of new lots, however a concurrent subdivision application will be separately-considered to establish condominium units on subject property. HMR serves as the engineer of record (EOR) for subject application. Subject property contains an existing restaurant, church, and office building occupying a former grocery store building. The staff recommendation reflects conditions of approval necessary for final closeout of the MOP but requiring a separate procedure due to the absence of a final plat approval associated with MOPs. Comments: MULTIPLE OCCUPANCY PROJECT (MOP) CRITERIA The following item are excerpts from the various checklists utilized by staff to evaluate subject application's compliance with the City of Fairhope Zoning Ordinance, City of Fairhope Subdivision Regulations and other re levant ordinances and are included here to provide relevant background and rationale behind staff's recommendation. Any items initially marked "revise and resubmit" have been cured by the notations in blue text . Any items marked in red text will be cured by conditions of approval, or in the case of a recommendation for denial of an application, provide rationale for the recommendation of denial. All Article, Section, and Paragraph numbers identified are references to the City of Fairhope Subdivision Regulations unless otherwise identified. Article IV, Section C. J.b. (3) Names and addresses of the following: • owner • designer • applicant • all associated investors • record owners of lands immediately adjacent to subdivision . □NIA I IXIAccepted with comments I ~Revise and Resubmit per comments Comments: Please furnish the names and addresses of all associated investors. Names and addresses of associated investors furnished with 4/17/2018 follow-up submittal, Stan Davidson and Courtney Trotter are the associated investors and their contact information was submitted for· file purposes. Article IV, Section C.J.b . (11 ) Flow model data submitted to t he standards of the COF Water Depa1tment. □N IA IZIAccepted with comments IX!Revise and Resubmit per cmmnents Comments: Not furnished. Furnished with 4 /19/2018 follow-up submittal package: 1200 gpm flow, 54psi static pressure , 44 psi residual pressure. Article IV, S ection C. l .b. (13) and Article V, Section D.5.a. (9) Tree protection plan for all required street trees or trees over 24" DBH. Tree protection fences shall be installed prior to land disturbance activities. (See Appendix G) □NIA □Accepted IX!Revise and R esubmit per comments Cross Reference: Ordinan ce numb er 1444, Tre e Ordinan ce Comments: Subject application is an MOP and does not propose creation of new streets to be dedicated to COF requiring street trees and tree protection. A landscape plan has been submitted and will be reviewed as required by the Zoninf{ Ordinance, however the submitted landscape plan does not reflect the three buildin,:s shown on the Article IV, Section C. J.g. State or County ROW detailed highway improvements plan : If any state right-of-way or any improvement thereon is proposed to be changed or modified , a detailed Highway Improvements Plan , with the written approval of the responsible official of the Alabama Highway Department, showing all existing featmes within the rights-of-way and all proposed changes , including, but not limited to, changes in traffic patterns, markings , signs, curbs and barriers , neutral zones , signals, warnings, plantings and landscaping. There sha11 be submitted with and as a part of the Plan a written statement setti11g fo1th means proposed for traffic control and safety during construction and for restoration of the site. All of the foregoing shall also apply to rights-of- way controlled by the County, except that the County Engineer's approval shall appear on the Plat to be reviewed by the Planning Commission . □NIA 0Accepted with c o mments IX!Revise and Resubmit per comments Comments: Please see Article IV, Section C.l.h. Traffic Data and Traffic Study. If a traffic study is not warranted this section is not applicable. If a traffic study is warranted, the improvements required by" traffic study must be submitted to satisfy this section. A letter from the Engineer of Record (EOR) indicating a traffic study is not warranted was submitted with the 4/16/2018 follow-up package, therefore a State or County ROW improvement plan is not required for subject application. Please see A rticle W, Section C.1.1,. for additional comments. Article IV, Section C. J.h. Traffic Data and Traffic Study □N I A □Accepted IX!Revise and Resubmit per comments Comments: A traffic study, or a letter from the EOR and stamped by EOR indicating trip generation of the proposed development does not warrant a traffic study, is required to fulfill this section. A letterfrom the Engineer of Record (EOR) indicati11g a traffic study is not warranted was submitted with the 4/16/2018follmv-up packal(e, however the letter wa s 1101 PE-stamped. Article IV, Section C. 2. Staff Review 2 . Staff review -Applicants for a preliminary plat shall first submit the preliminary plat and plans to the Planning Director and/or his /her authorized agent for staffs review. The Director shall determine if the submittals meet all of the requirements of Section C. l ., above. Incomplete , partial , or inaccurate submittals will not be accepted , but will be returned to applicant for re-submission for a later hearing. Staff shall review the application and provide comments to the applicant. Following staff review and comments the applicant shall submit revised drawings for review by staff and the Planning Commission. The revised plans submitted shall reflect staff's initial review comments . □N IA 0Acce pted with comme nts IX!Revise and Resubmit per comments Comme11ts: This section authorizes staff to wit/z/zold an incomplete application from the Planning Commission agenda or return. an i11complete application entirely. A number of items in this checklist are marked "revise and resubmit" but may be cured in sufficie11t time for the application to appear 011 the upcoming planni11g commission agenda. See cover letter for deadlines to respond with outstanding items. The various ''revise and resubmit" items have been sufficiently cured for the application to be considered by the Planning Commission. Variou s items req ufrine conditions of approval are noted in the "recommendation" section of the staff report. Article JV, Section C.5 . Pre-Construction Conference 5. Pre-construction Conference -An onsite pre-construction conference with City representatives is required prior to initiation of any land disturbance activities. Construction of said improvements shall in no way obligate the Commission to grant Final Approval of the Plat, nor shall it obligate the City Council to accept such improvements for public maintenance. No owner or developer shall proceed with any site work under authority of preliminary plat aooroval unti I the completion of the preconstruction conference. □NI A 0Accepted with comments □Revise and Resubmit per comments Comments: subject application is an MOP and not a traditional subdivision requiring a final "p lat" approval. The digital or video images indicated above are a closeout requirement.for this MOP and will be (I condition of a roval. The Bui/din O 1cial and staff will clari the closeout rocedure at the re -co11structio11 meetilt . Article IV, Section.D.l.b.(17) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C. I. and t he following additional information: (17) Maintenance Plan for maintenance of detention facilities during development and documents providing for continued maintenance after completion of development and sale of all lots . Such do cu ments running as a covenant with the lands. □NIA IZIAccepted with comments D Revise and Resubmit per comments Cross Reference : Article V, Section F.3 .a.(3) Subject application is an MOP and not a traditional subdivision requiring a final "plat" approval. Tile Maintenance Plan described "bove i:s· a closeout requirement.for this MOP am/ will be a condition of llOOl'OVll/. The Buildinf! Official and sill[{ will clari{v the closeout procedure at the pre-construction meeting. Article JV, Section.D. J. b. (18) Final Plat and Final Plans showing all infonnation required by and meeting requirements of A1ticle IV., Section C . l. and the following additional information: ( 18) The engineer shall perfonn the supervision of construction, the final plat shall have the following engineer's ce1tification: □NIA "ENGfNEER'S CERTIFICATE" "I, the undersigned , a Registered Engineer in the State of Alabama holding Ce1tificate Number ___ , hereby ce1tify that I have designed the within improvements in confo1mity with applicable codes and laws and with the pri.ncipals of good engineering practice. I futiher 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. Project Engineer Date Name of Project to which the Ce1tificate Applies Plans which are ce1tified consist of Page __ thru __ , each of which bears by seal and signature." □Accepted IZIRevise and Resubmit per comments Comments: Subject appficatio11 i .'i an MOP a11d 1101 a traditional subdivision requiring afi11al ''plat '' approval. Tile engineer's certfficate as worded above will be placed 011 the cover page of a set of as-built drawings to be provided with the closeout submittal, which shall be a condition of approval. Article V, Section F.3 .a.(3)(a)(2) Stmm Water Standards -Submittal Reguirements -Minimum Reguirements- Erosion and Sediment Control Plan (2) An Erosion and Sediment Control Plan which includes, but shall not be limited to: (a) Architectural and engineering drawings , maps, assumptions, calculations, and na1Tative statements as requi.red to accurately describe the development and measures taken to meet the objectives of stmm-water management; (b) Data on historical runoff, developed runoff, detention pond details, and method of discharge. □NIA D Review pending IZIAccepted with comments □Revise and Resubmit per comments Comments: Please revise drawing 10 of 13 ''Erosion Co11trol Pim," to reflect the COF JO-day rule in tlte lieu of ll,e ADEM 13-day rule regarding temporary seeding. The stabilizatio11 requirements of each building will he more fullv described durinf[ tlte pre-co11structio11 co11fere11ce . Article V, Section F3.a.(3)(a)(3) Storm Water Standards -Submittal Requirements-Minimum Requirements- Operations and Maintenance Plan (3) Operations and Maintenance {O&M) Plan and Agreement for maintenance of detention facilities and other stonn water quantity and quality BMPs during development and documents providing for continued inspection and maintenance after completion of development and sale of all lots , such documents running as a covenant with the lands. (a) An Operations and Maintenance (O&M) Agreement signed by the developer or owner for any required detention faci liti es or other stonn water quantity and quality BMPs must be submitted with the maintenance plan prepared by the design engineer for each BMP. The maintenance plan must include a description of the stonn water conveyance system and its components, inspection priorities , schematics for each BMP, and inspection schedule for each water quantity and quality BMP . The O&M Agreement must be recorded prior to final plans approval. If the final configuration of the stonn water system or BMPs differs from the original design on the approved plans, the O&M Agreement must be revised, fina li zed, and rerecorded. Failure to follow the O&M Agreement could result in enforcement action. (b) The long-te1111 maintenance p lan within the O&M Agreement contains the inspection priorities and schedule for the storm water BMPs. The owner is responsible for inspecting the stonn water system and BMPs according to the schedu le and submitting reports to the Planning Director or his authorized representative every three (3) years to document that inspections have been completed and necessary maintenance has been performed. The first inspection report is due December 31 of the third year after construction has been completed . Inspection repo1is are then due by December 3 l of every third year following submittal of the first report. The Planning Director or his authorized representative must be notified of any change in ownership. Fai lure to file the three-year inspection reports and perform required maintenance activit ies could result in enforcement action. ( c) Prior to the full release of the performance bond for any new or substantially improved storm water facilities , an Alabama registered eng in eer shall submit to the Planning Director or his authorized representative ce1iification that the proposed storm water management system and BMPs for the development are complete and functional in accordance with the approved plans and shall also provide as-built drawings for the stonn water management systems and BMPs. □NIA □ Review pending ~Accepted with comments □Revise and Resubmit per comments Commems: Subject application is m1 MOP 1101 requiring a.final "plat" submission process. As a result, tl,e submission of the fully~e..'Cecuted and properly~recorded Operations and Mailllenance Pllln sh all be a closeout rer1uireme11t and a conditio11 of aooroval. Article V, Section F.3 .d. Storm Water Standards -Submitta l Requirements -Ce,tifications and Seals d . C e rt;fi,cations and Seals - (1) All plans, and design calculations submitted shall bear the seal , original signature, name, address and telephone number and ce1iification of the project engineer, who shall be registered to practice as a Professional Engineer in the State of Alabama and who is qualified by reason of education and experience in the field of storm water design. (2) The engineer shall sea l and sign each sheet of the plan assembly . (3) The engineer shall affix his certification to the first sheet of each plan assembly and design calculation , whi ch certificate shall read substantially as follows: "ENGINEER'S CERTIFICATE I, the undersigned , a Registered Professional Engineer in the State of Alabama holding Certificate Number , hereb certi that I have reviewed the desiQTI herein which was done under m direct control and supervision and that, to the best of my professional knowledge and to the best of my belief, conforms to the requirements of the Fairhope Subdivision Regulations and to all other rules , regulations , laws , and ordinances applicable to my design. Project Engineer Date Name of Project to which this Ce1tificate Applies Plans which are certified consist of Page __ thru __ , each of which bears my sea l and signature." ( 4) The calculations, construction plans , and plat shall have the following statement: "A property owners association (POA ) is required to be formed. The POA is required to maintain any and all storm water facilities and structures locat ed outside of the oublicly acceoted ri£ht-o(-way ". □NIA □Accepted IZIRevise and Resubmit per comments Comments: As a condition of appro..al please provide a revised copy of the drainage calculations including th e engineer 's certificate 011 tlte cover as described above. Also please include a statement identifying tlte POA or similar entity responsible.for maintaining any and all storm water facilities and structures located outside of the publicly accepted ROW as re,111ired by itetn (4) above. Article V, Section F.6. Storm Water Standards -Erosion Control (Excerpted) □NIA IZIReview pending IZJAccepted with comments □Revise and Resubmit per comments Cross Reference: National Engineering Field Manual for Conservation Practices and Alabama Handbook for Erosion Control, Sediment Control and Storm Water Management on Construc tion Sites and Urban Areas Comments: As a condition of approval please revise drawing 10 of 13 "Erosion Control P/011 '' to reflect lite COF JO-day rule in the lieu of the ADEM 13-day rule sltown regarding temporary seeding. The stabilization requirements of each building will be more fully described during tlte pre-co11srruction conference. Article V, Section F.11. a. j Reguired Use of Low lmgact Develogment (LID) Technigues □NIA □Accepted IZI Revise and Resubmit per comments Comments: LID techniques used not identified. The EOR provided a narrative describing four (4) LID techniques to be used on s ubject site and further requested a waiver of the remaining LID techniques . Waiver of the remaining LID techniques shall be a condition of approval. Article VI, Section F. Construction Standards-Water Sxstem a. All subdivisions shall have water service. The water service shall be provided by either Fairhope Public Utilities or an approved water service. b. Primary water service inay be individual well type systems that have been approved by the Baldwin County Health Department and the Fairhope Public Utilities Water Depa11ment. C. All water systems constructed within a subdivision and all water systems constructed outside of a subdivision but servicing a subdivision shall be constructed in accordance with those ce1tain "Standard Specifications for Constructing Sanitary Sewer Facilities and Water Facilities" d. Water meters shall be placed iJ1Side the property line at the sta11 of the utility easement. □N IA IZI Accepted with comments IZIRevise and Resubmit per comments Cross Reference: Standard Soecifications for Construct in£ Sanitary Se,ver Facilities and Water Facilities 2) Acceptance of the request for waiver of ten (10) LID techniques and acceptance of the use of four (4) LID techniques for the site. 3) Include with the building permit plans elevations indicating how screening is accomplished for any items included with the site requiring screening as required by Article IV, Section B.2. Note the maximum allowable building height in B-2 General Business District is 30'-0" tall. 4) An elevation certificate shall be included with the building permit request for each building. 5) Revise drawing 10 of 13 "Erosion Control Plan" to reflect the COF 10-day rule in the lieu of the ADEM 13-day rule shown regarding temporary seeding. 6) Subject development is an MOP and not a typical subdivision. In lieu of the final plat approval procedure required for a typical subdivision, the closeout procedure for subject development includes the follow procedures and/or documents: a. Maintenance Bond as required by Article IV, Section.D.1.a. for any infrastructure to be dedicated to the City of Fairhope b. A fully-exec uted and recorded copy of the Operations and Maintenance (O&M) Plan and Agreement for maintenance of detention facilities and other storm water quantity and quality BMPs as required by Article IV , Section.D.1.b.(17) and Article V, Section F.3.a.(3)(a)(3) c. Digital or video image(s) with date and time stamp of storm drains to ensure drainage structures are undamaged and free of debris and sediment as required by Article IV, Section. D.1. b. (16) d . One copy of the site as-built drawings as well as one copy of the drainage calculations containing the engineer's certificate required by Article IV, Section.D.1.b.(18) and Article VI, Section E.6-8 as well as a statement identifying the POA or similar entity responsible for maintaining any and all storm water facilities and structures located outside of the publicly accepted ROW. e. One copy of the landscape as-built drawings with a statement from the landscape architect of record indicating the various landscape features have been completed as-designed. f. Inspection of all other MOP-applicable sections of Article IV, Section D. 1.b.(1) -(18) g. Inspection of all other MOP-applicable sections of Article VI, Construction Standards and Chapter 19 of the City of Fairhope Code of Ordinances, testing requirements. Summary of Request: Public hearing to consider the request of Hutchinson, Moore, and Raugh, LLC (HMR) on behalf of Fairhope Group, LLC for approval of preliminary and final plat approval of three new condominium units to be located at the at the Ecor Rouge shopping center. Subject property fronts upon Greeno Road consisting of approximately 5.76 total acres and 0 .80 project site acres. Subject application is concurrent ly submitted with case number SD 18.19, a Multiple Occupancy Project (MOP) for a bank and retai l site on the same property. The MOP does not request subdivision of lands or the creation of new lots, however subject application creates condom i nium "lines of ownership" that serve as the "lot lines " on which the units requested by SD 18.19 may be built. HMR serves as the engineer of record (EOR) for subject application. Subject property contains three existing condominium units occupied by a restaurant, a church, and office space occupying a former grocery store building. The proposed new condominium unit "lot lines" will be created in the existing parking lot serving the existing condominium units and will front upon Greeno Road. Comments: CONDOM I NIUM DEVELOPMENT CRITER IA Article II, Definition of the City of Fairhope Subdivision Regulations defines a Condominium Development as "real estate, portions of which are designated for separate ownership and the remainder of which is designated by common ownership solely by the owners of those portions. The development type is hereby subject to the same development reviews and procedures as a conventional subdivision . Condominium developments shall submit a plat(s) that adhere(s) to the requirements established in this document. Existing buildings as of September 2001 in the City Limits and ETJ are exempt from these procedures . Additionally, the Central Business District as defined in the Zoning Ordinance is exempt from these procedures ". The following item are excerpts from the various checklists utilized by staff to evaluate subject application 's compliance with the City of Fairhope Zoning Ordinance, City of Fairhope Subdivision Regulations and other relevant ordinances and are included here to provide relevant background and rationale behind staff's recommendation. Items marked in blue text are accepted w ith comments. All Article, Section, and Paragraph numbers identified are references to the City of Fairhope Subdivision Regulations unless otherwise identified. Subject application was subm itted concurrently with Case# SD 18.19 as described previously, and a great majority of the documents required for submission of subject case are duplicates of SD 18.19's documents and are referenced below as applicable. Article lY, Section C.l .b. (3) Nam es and ad dresses of the fo ll ow in g: • owner • des ign e r • a ppli cant • a ll ass o ciate d inves to rs • record own e rs ofl a nd s imm edi ate ly a dj ace nt to s ubdi vis io n . □NI A IZ!Accepted w ith comments □R ev i se and Res ubmit p er comments Commen ts: Please .furnish the names and addresses of all associated illvestors. Comments: Furnished with 4/16/2018 follow -up submittal to SD 18.19 MOP. Stan Davidson and Courtney Trotter are the associated investors and their contact information was submitted for file po rposes. 2 SD 18 .20 Eco r Rouge Place , A Condomin i um -July 2, 2018 Summary of Request: Public hearing to conside r the request of Sawgra ss Con su lting, LLC on behalf of LA Development, LLC for preliminary plat approval of Twin Beech Estates, a 72-lot major subdivision. The property is located approximately 0.2 miles west of the intersection of State Highway 181 and Twin Beech Road/County Road 44, along Twin Beech Road. The subject property is approximately 22.6 acres with the smallest lot and the largest lot. Subject property is currently located in an unzoned region of Baldwin County and subject application shall be condition upon city council approval of Case# ZC18 .02, annexation and re -zoning to PUD of subject property. Comments: The following item are excerpts from the various checklists utilized by staff to evaluate subject application's compliance with the City of Fairhope Zoning Ordinance, City of Fairhope Subdivision Regulations and other relevant ordinances and are included here to provide relevant background and rationale behind staff's recommendation . Any items initially marked "revise and resubmit" have been cured by the notations in blue text. Any items marked in red text will be cured by conditions of approval, or in the case of a recommendation for denial of an application, provide rationale for the recommendation of denial. All Article, Section , an d Paragraph numbers identified are references to the City of Fairhope Subdivision Regulations unless otherwise identified . Article IV, Section Cl. Two (2) copies of t he pre liminary plat a nd two copies of al l plans ha ll be sub mitted initi a ll y fo r staff review . □NIA □Accepted IZ!Revise and Resubmit per comments Comments: Various edits are marked Oil the prelimi11ary plat, which shall be fumished electronically with this checklist. Items requiri11g revision alld res11bmissio11 include but are not limited to: 2017 flood zone information • Edit labeling of common area co11tiguous to Twin Beech Roa,/ (more fully-described in Article V.C.4.) Revised labeling is included on the preliminary plat. • Sidewalks req11ired along ROW contiguous to Twi11 Beech Roa</, or in a11 easement i11 the common urea contiguous to Twi11 Beech Road -plea.'ie indicate 011 prelimiflary plat and all appropriate drawings, see Article V.D.6.Jor tee/mica/ review. A 10' sidewalk easement is noted on the preliminary plat. • location of lift sttltio11 1101 shown <m pre/i111i11ary plat -possibly reduce size of lot 34 to i11crease tile size of the lift statio11 easement, or move to common area llccessible from ROW contiguous with Twin Beech Road? (Please coordi11ate with Richard Petersou and also see mark-ups 011 sheet 8.0) Lift station size and location have been revised on the preliminary plat. Utility easements are included so that access is available from both within the subdivision and from Twin Beech Road. • See Article V.D.5.c . for comments regardillg traffic calming deviceJ.·. Traffic calming devices are noted on sheet 4.0 with details on sheet 11.0. • See Article V.D .5d. for comments regarding sight lria11g/es. Landscape Piao drawing LP 100 has been revised to reflect no street trees within the 125' sight triangle noted in V.D.5.b., and the 125' sight triangle distance is noted. • Add the telep/,o,ie and natural gas providers to the list of u11ity providers-a/so please provide individual signllture blocks.for the various Fairhope Public Utilities services. Preliminary plat has been revised to reflect these items. • See Article V.C.2/or comments related to greenspace l r:ommo11 areas. Preliminary plat, arious drawings, and the drainage calculations have been revised. Article JV, Section C.l.b.(8) Plan a nd profil es of a ll prop osed utili t ies with conn ec ti ons □NIA □A ccepted igjRevise and Resubmit per comments 2 SD 18 .24 Twin Beech Esta tes -July 2, 20 18 Cross Reference : Approval of private utility connections for water and sewer shall be subject to the standards of Article Vil!, Sections E. and G., respectively of the Fairhope Subdivision Regulations , and Chapter 12 of the Code of Ordinanc es of the Citv of FairhoTJe . Comments: "Will Serve" letter from Baldwin EMC ftmrislted, however will serve letters required for telepho11e and the various Fairhope Public Utilities services (water, sewer, ga,\). If it is the desire of the ,/eveloper to dedicate to the City of Fairhope the sewer and water services shown in the streets of the subdivision, easements must he reflected 011 the plat. Further, please verify if the applicant desires to have garbage and trash co/lection furnished by the City of Fairhope Public Works Depurtment. The revision package included a "will serve" letter from AT&T. The preliminary plat indicated utility easements for the lift station area and included access from both within the subdivision as well as from Twin Beech Road . Easements for water and sewer within the streets comprising the subdivision are not reflected on the preliminary plat. As a component of this review process, the utilities director of operations acknowledges the desire to serve the development with water and sewer and the Public Works director acknowledges the desire to serve the development with solid waste collection and disposal services. Further, an additional JS' utility easement on the northeast corner of the development for future utility expansion is included between lots 21 and 22. Article IV, Section C.l .b.(9) Location /d imensions oflands to be dedicated or reserved for parks, open space or other public use □NIA □Accepted with comments IZIRevise and Resubmit per comments Comments: Please revise the site data table to remove the 'common area' bordered by lots 38-72 from tlze common areas. The area bordered by lots 38-72 is a compo11ent of tile stormwater treatment !iystem and cannot be classified as a common area -please see Article V.C.3 for more illformatio11 . The engineer of record (EOR) clarified the common area mentioned above will not be utilized for retention or detention with the exception of the bioreteution area LID technique located at the south end of the greenspace area. The area consumed by the bioretention area is not of significant size to prevent the greens pace bordered by lots 38-72 from inclusion a s a common area. Article IV, Section C.1. b. (11) Flow model data submitted to the standards of the COF Water Department. □NIA □Accepted with comments IZIRevise and Resubmit per comments Comments: Please revise a11d resubmit tlze flow model to coordinate with the six (6) new fire hydrants depicted 011 sheet 8.0. The submitted.flow model isfrom 2015 mu/ related to the original seven (7) lot Twin Beech Estates subdivision that was not annexed in to the city. That flow model recommends two new hydrants, neither located on subject property-please revise mu/ resubmit so that tlze flow model and sheet 8.0 are coordinated. A revised flow model was submitted and indicates the farthest hydrant in the system will produce 1,000 !!Pm at 35.7 psi. Article Iv, Section C. l .b. (13) and Article V, Section D.5.a. (9) Tree protection plan for all required street trees or trees over 24" DBH. Tree protection fences shall be installed prior to land disturbance activities. (See Appendix G) □NIA □Accepted IZIRevise and Resubmit per comments Cross Reference: Ordinance number 1444, Tree Ordinance Comments: Drawings LPJ00 am/ LP500 only reflect the 11ew pla11ti11gs i11 the subdivision and do not include any tree protectionsfo1· the existing perimeter trees. Drawings LP JOO a11d LP500 are currently under review by city lwrticulturalistfor compliance with Landscapellree Ordinance# 1444 and that review will follow under separate cover. Sheet 9.0 has been revised to reflect tree protection around the entire perimeter of the development. A note is included indicatin~ the Tree/Landscape Ordinance tree protection 1·equirements must be furnished. Article JY, Section C. l .b. (16) Pedestrian circulation plan ~NIA D Accepted with comments IZIRevise and Resubmit per comments Comments: Please revise drawing PP JOO to remove the arrow directing pedestrian traffic into the detention area (a safety concern). Please contact the building official and revise the ADA sidewalk ramps at his direction a11d reflect the revised detail on sheet 11.0 and coordinate the revision with all other drawings such as sheet 4.0. In lieu of directim.! oedestrian traffic into the detention area, please include a new sidewalk connectillf.! the eastem outer 3 SD 18.24 Twin Beech Estates -July 2, 2018 Comme11ts: Subject applicalio11 appears to comply with this sectio11. The ''valley curb" shown on sheet 11 and its 1 '-6" width is compfiam with the 1 '-2' wide curbs shown on the variom street options in table 5.3 ill appelldix "A". The streets in the re-submittal will reflect changes required by other sectio11s am/ therefore the resubmittal will be reviewed against this sectio11.for compliance. The EOR provided correspondence indicating the curb width is still in compliance, as the curb width remains unchan2ed in the typical street section on sheet 11.0. Article V, Section D. 5.a. (8) Street Standards -Street Design -General Requirements -Street Trees Street trees shall be planted on center in all planting strips according to the fol lowing: (a) Al l trees shall be at least 15 gallons and /or 1.5 " to 2 .5 " in diameter when planted; (b) Trees shall be planted at least every 25 feet from intersections. A tree shall be planted one per lot or at least every 50 feet , but no closer than l O feet; (c) Tree species and tree placement shall be approved by the City Ho11iculturist· ( d) All trees shall be pruned so that 110 foliage , limbs or other obstructions exist between 2 ½ and 10 feet from the adjacent street grade; (e) In areas where planting strips are optional and not provided , sidewalks ten feet or greater shall provide 4' x 4 ' ti-ee wells along the curb so that trees mav be planted in conformance with these requirements. □NIA □Accepted with comments ~Revise and Res ubmit per comments Comments: Please revise and resubmit the landscape plan to reflect sight triangles as required by Article V, Section D.5.b am/ verif.v 1,0 street trees occur within sight triangles at intersections. (Coordinate all other drawings as needed to reflect any revisions caused by addition of sight tria11gles). Landscape Plan drawing LP 100 has been revised to reflect no street trees within the 125' sight triangle noted in V.D.5.b., and the 125' sight triangle distance is noted . Article V, Section D. 5. a. (9) Street Standards -Street Design -General Reauirements -Street Trees □NIA □Accepted IZIRevise and Resubmit per comments Cross Reference: Ordinance number 1444, Tree Ordinance Comments: Please include the inventory of 24" DBH trees in the re-submittal as well as a tree protection plan in compliance with Ordinance 1444. Sheet 9 .0 has been revised to reflect tree protection with chain link fencing, and a note is included indicating tree protection must comply with section 20.5 -6 of ordinance 1444 (Tree/Landscape Ordinance). Further, coordillate the street tree layout with tlte sight triangle requirements of Article V, Section D.5.b. Landscape Plan drawing LP 100 has been revised to reflect no street trees within the 125' sight trian2le noted in V.D.5.b ., ancl the 125' sieht trianele distance is noted. Article V, Section D. 5. a. (11) Street Standards -Street Design -General Requirements -Tr ee Protection Requirements !ZIN/ A with comments □A ccepted □ Revise and Resubmit per cmrunents Comments: The use type of the proposed PUD in subject application is si11glefamily and 110 tree removal is expected/or the proposed development. Article V, Section D.5.a.(9) applies to tlte site and is a/unction of the PUD master plan aooroved bv the p/rmnil1fl commission alld pendin!l citv council avoroval. Article V, Section D. 5. c. Street Standards -Street Desiirn -Traffic Ca lminf' □NI A □Accepted IZIRevise and Resubmit per comments Comme11ts: Please include traffic calming devices in the re-submittal lo maintaill complia11ce with this section as well to cure the 11011-conformity of Article V, Section D.4. Traffic calming devices are noted on sheet 4.0 with details on sheet 11.0. I Article V, Section D.5.d. (1)-(4) Street Standards -Street Design -Geom etric Design 5 SD 18.24 Twin Beech Estates -July 2, 2018 □NIA IZl Accepted with comments IZJRevise and Resubmit per comments Cross Reference: The geometric design aspects of the streets shall meet the minimum standards as provided in the AASHTO JJublication, "A Policv on Geometric Desifzn of Hif{hwa vs and Streets." Comments: Please see mark-ups 011 sheet 5.3. Include all geometric i11Jornuttio11 011 the re-submissio11. Street centerline radii, curb radii, as well as a storm sewer pipe schedule has been added to sheet 5.3 as well as sheets 5.0, 5.1, 5.2, and 5 .4 . Article V, Section D. 6. Street Standards -Pedestrian Area Design Standards □NIA □Accepted IZJRevise and Resubmit per comments Cross Reference: Article V. Section D.5.a.8.(e) and D. 7.c and d. Comments: The required 8' planting strip required by Table 5.3 in Appendix A is shown as 2'-6" wide on slteet 14.0. Please revise sheet 14.0 to comply with Table 5.3 ill Appendix "A 11 of the subdivision regulatio11s. Further, sidewalks along the north side of Twin Beech Road are not slzow11 am/ are required to comply wit!, tltis section. Sidewalks may be included in the common area / landscape buffer ill lieu of upon the Twin Beech Road ROW. Please see mark-ups of sheet PPl00 and comments in Article IV, Section C.1.b.(16). Revisions have been made to sheet 14 .0 and reflect an 8'-0" wide planting strip, as well as narrowing of the asphalt roadway to 18'-0" wide. Further, a 10' sidewalk easement is noted on the preliminary plat for sidewalks adjacent to Twin Beech Road. Article V, Section E. 2 . Lot Standards -Lot Sizes □NIA IZl Accepted with comments □Revise and Resubmit per comments Comments: subject application includes a PUD pending annexation/re-zoning approval by the city council (case number ZC 18.02). The lot size re{Juirements of the PUD will 2ovem this subdivision aovlication. Article V, Section E.3.a. Lot Standards -Lot Access a. Except as provided in Section D.6., 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. □NIA IZJAcce pted with comments □Revise and Resubmit per comments Comments: streets within su~iect development will be dedicated to the City of Fairhope following final plat aooroval and thus satisfy the requirements of this section. Article V, Section E.4.a.-d. Lot Standards -Building Area IZJNIA [giAccepted with comments D Revise and Resubmit per c01mnents Cross Reference: Section 404 (b){l), Clean Water Act, CFR 40 Part 230 Comments: Setback lines in subject application reflect those included in the ZC 18.2 master plan, pending City Council approval. Subject property is not located in a delineated wetland and no water courses appear on subject orooerty on the Countv's map viewer. Article V, Section E.5.a.-c. Lot Standards -Utility Access and Easements □NIA IZIAccepted with comments □Revise and Resubmit per comments Comments: Utility and drainage easements of 15 'front, 10' rear, and 5' side are acceptable, however where drainage structures occur the drainage and utility easement must be at least 15 '. Please see mark-ups to sheets 5.1 am/ 7.0111ul reflect at least 15' drai11age and utility easements/or these areas i11 the re-submittal. Drainage easements 15' in width are reflected on the plat between lots 40 ad 41 as well as lots 67 and 68/69 . Drainage easements are also reflected on sheets 7 and 8 and various other drawines for coordination purposes. 6 SD 18.24 Twin Beech Estates -July 2, 2018 Article V, Section E. 6. Lot Standards -Buffer Strips In residential districts , a buffer strip at least ten feet in width , and in addition to the minimum required lot depth, may be required by Planning Commission adjacent to al l existing incompatible uses , such as railroads, limited access highways, arterial streets and commercial/industrial developments . Such buffer shall be a part of the platted lots but shall be designated on the face of the plat as an easement by imprinting on the plat the following: "This strip is reserved/or plantin~ of trees or shrubs by owner; placement of structures hereon is f}rohibit ed." □NIA IZIAccept d with comments, □Revise and Resubmit per follow-up required . comments Comme11ts: Twiu Beech Road is a major collector a11d 1101 an arterial, as result tit is section is not necessarily applicable. Please see Article V, Sectio11 C.4. related to tile landscape buffer co11tig11ous to Twin Beech Road. The preliminary plat has been revised to reflect a common area /landscape buffer contiguous with the Twin Beech Road ROW, containine a 10' sidewalk easement. Article V, Section F.3 .a.(3)(a)(2) Stonn Water Standards -Submittal Reguirements -Minimum Reguirements- Erosion and Sediment Control Plan □NIA □Accepted IZIRevise and Resubmit per comments Comments: Staff and tlle Engineer of Record (EOR) reviewed /1,e storm water system design and a general comlitiou of 'Revise a11d Resubmit exists.for this portion oftlte proposed development applicatio1t. For tlte t1pplica11t's informatioll, tile requirements oft!,is section !t·ha/1 be reflected in storm drai11age system re-submission. Planning staff and the Public Works director reviewed the revisions to the drainage system and found the revised drainaee system to meet or exceed the requirements of the subdivision regulations . Article V, Section F.3.a.(3)(a)(3) Storm Water Standards-Submittal Reguirements -Minimum Reguirements- Ooerations and Maintenance Plan □NIA □Accepted IZ!Revise and Resubmit per comments Comments: Staff a11d t!,e Engineer of Record (EOR) reviewed the storm water system desig11 and a general condition of ''Revise and Resubmit exists for this portion of the proposed development application . For the applicant's information, the requirement.-. of this section shill/ be reflected in storm drainage system re-submission. Planning staff and the Public Works director reviewed the revisions to the drainage system and found the revised drainaee system to meet or exceed the requirements of the subdivision regulations . Article V, Section F.3.d. Storm Water Standards -Submittal Reguirements -Ce1tifications and Seals d. Certifications and S eals - 7 (1) All plans, and design calculations submitted shall bear the seal , original signature name , address and telephone number and certification of the project engineer, who shal I be registered to practice as a Professional Engineer in the State of Alabama and who is qualified by reason of education and experience in the field of storm water design . (2) The engineer shall seal and sign each sheet of the plan assembl y . (3) The engineer shall affix his certification to the first sheet of each plan assembly and design calculation , which ce1ti:ficate shall read substantially as follows : "ENGINEER'S CERTIFICATE J, the undersigned , a Registered Professional Engineer in the State of Alabama holding Certificate Number ---~ hereby ce1tify that I have reviewed the design herein which was done under my direct control and supervision and that to the best of my professional knowledge and to the best of my belief, conforms to the requirements of the Fairhope Subdivision Regulations and to all other rules, regulations laws , and ordinances applicable to my design. Project Engineer SD 18.24 Twin Beech Estates -July 2, 2018 Date Name of Project to which this Ce1iificate Applies Plans which are certified consist of Page __ tlu·u_________, each of which bears my seal and signature ." ( 4) The calculations , construction plans , and plat shall have the following statement: "A property owners associahon (POA) is required to be formed. The POA is required to maintain any and all storm water fa cilities and structures located outside of the publicly accepted ri;l,ht-of-way ". □NIA □Accepted IZ!Revise and Resubmit per comments Comments: Please include tile engineer 's certificate worded as described above 011 the cover of the storm Wllter calculations booklet. Further, include the statement described in item (4) with the appropriate entity (HOA, POA, etc.) itfelllijied as tlte entity responsible for mailltenance of storm water facilities and structures. Planning staff and the Public Works director reviewed the revisions to the drainage system and found the revised drainage system to meet or exceed the requirements of the subdivision regulations. Article V. Section F. 6. Stonn Water Standards -Erosion Control □N IA □Accepted IZ!Revise and Resubmit per conm1ents Cross Reference: National Engineering Field Manual for Conservation Practices and Alabama Handbook for Erosion Control, Sediment Control and Storm Water Management on Construction Sites and Urban Areas Commems: Staff and the Ellgineer of Record (EOR) reviewed the storm wt1ter system design and a general condition of 'Revise and Resubmit exists/or tltis portion of the proposed development applicatioll . For the applicant's i11formatio11, the requirements of this section shall be refl.ected i11 storm drainage system re-s11bmissio11. Planning staff and the Public W0t·ks director reviewed the revisions to the drainage system and found the revised drainaee system to meet or exceed the requirements of the subdivision regulations . Article V. Section F.8.e .-i . Storm Water Standards -Post Development Water Quality Best Management Practices (Continued) BMP Removal Efficiency for Total Suspended Solids (TSS) Structural Control TSS Removal(%) General Application BMPs Wet Pond so Stonn Water Wetland 80 Bion~te ntion Area 80 Sand Filter 80 Enhanced Swale so Limited Application BMPs FilteT Strip 50 Grass Channel 50 Organic Filter so Underground Sand Filter 80 Submerged Gravel Wetland 80 Infiltration Trench 80 Gravity (Oil/Grit Separator) 40 Proprietary Structural Control Varies Ory Detention Basin 60 8 SD 18.24 Twin Beech Estates -July 2, 2018 ON/A □Accepted IZJRevise and Resubmit per comments Comments: low Impact DeJ1elopmeflf (LJDJ techniques utilize{/ in the proposed deiielopment ure not specified. Pre-approved LID techniques are listed abo,,e. Please specify the LJD techniques used i11 the resubmittal and as discussed with the Public W(Jrks Director. Planning staff and the Public Works director reviewed the revisions to the drainage system and found the revised drainage system to meet or exceed the requirements of the subdivision regulations. The drainage narrative a s well as a supporting letter requesting a waiver of the ten LIU techniques indicates five (5) LID techniques are utilized in eight (8) different locations . LID techniques utilized are indicated in 'e ll ow in the chart above, excerpted from A rticle V, Section F.8.e.-i. A rticle V, Section F. l lf (l)-(15) Reau ired Use of Low Imoact Dev elooment (LID) Techniaues (Continued) □NIA □Acc epted IZl Revise and Resubmit per comments Comments: Low Impact Development (LID) techniques utilized ill the proposed development are 1101 specified. Please specffy the LID techniques used in the resuhmittal and as discussed with the Public Works Director. Five (5) possible LID techniques are included in this section. Planning staff and the Public Works director reviewed the revisions to the drainage system and found the revised drainage system to meet or exceed the requirements of the subdivision regulations . The d rainage narrative as well as a 's uppm1ing letter requesting a waiver of the ten LID techniques indicates five (5) LID techniques are utilized in eight (8) different locations. Article V, Section G. Planning De sign Standards-Upsizing □NIA □Accepted IZJRevise and Resubmit per comments Comments: Please coordinate any up5-izi11g requirements witlt tlze Fairhope Public Utilities Director o_f Operations. See Article VI, Sectiofls F mu/ H regarding the "Stalldard Specijicatio11s for Constructing Sanitary Sewer Facilities and Water Facilities". The EOR provided correspondence from Fa i rhope Public Utilities Operations .Director Richard Peterson indicatin2 upsizing is not required. Article VI, Section B. Construction Standards-Streets and Lanes □NIA □Ac cepted IZlRevise and Resubmit per comments Cross Reference : Chapter 19 of the City of Fairhope Code of Ordinances, as amended. Comments: Please see 1tutrk-ups related to sheet 14. The Public Works Directors requests 8"fill layer described in item'']" above shall he noted 011 sheet 14 as occurring i11 a maximum of 4" lifts. Please reflect this note 011 the revision to sheet 14. Sheet 14 has been revised to reflect the 4" lift requirements noted above, however see Article V, Section D.6 for additional revisions still required. Article VI, Section D. Construction Standards-Sidewalks Sidewalks shall be in stall ed on all streets within the plannin g jurisdiction of the City of Fairhope, except on tho se streets w hich are el igible for the rural desi g n standard expressed in Table 5.3, Appendix A of these regulations. On streets req uiring sidewalks, concrete sidewalks which meet the City's standards and s peci fica tions ex pressed in Chapter 19 of the Code of Ordinances, as amended shall be in sta lled . Sidewa lks shall be de s igned and insta ll ed in accordance with good engineering practice . □NIA □Accepted IZJRevise and Resubmit per comments Cross Reference: Chapter 19 of the C ity of Fairhope Code of Ordinances , as amended, and Article V, Section D. 6. Pedestrian Area D esif!:Y] Stan dards. Comments: Sidewalks required along ROW co11tiguo11s to Twill Beech Road, or i11 an easement in the commo11 area collliguous to Twbt Beech Road -please i11dicate 011 preliminary plat and all appropriate drawings, please see Article V.D.6.for technical review. The preliminary plat has been revised to reflect a common area/landscape buffer contiguous with the Twin Beech Road ROW , containing a 10 ' sidewalk easement. 9 SD 18.24 Twin Beech Estates -July 2, 2018 a. Utility Access and Easements - i. Except where Janes are provided at the rear of Jots, easements not Jess than fifteen feet in width along side and rear lot lines as required for drainage and utilities. On interior Jots, the easement may be designed to lie equally on adjacent Jots. On perimeter lots, no part of the required easement shall lie outside the platted lands . Easement placement and widths shall be approved by the Planning Commission. No half easements will be approved unless adjacent property owners dedicate the other half of the easement at time of approval. The applicant shall correct the utility easements and building setback lines so that the utility easements are not greater than the building setback lines and meet the City of Fairhope's requirements. Fire Hydrants: Fire hydrants are required at every intersection and every 450 feet. The applicant has shown the fire hydrants that were recently installed. Flow Model: Mr. Richard Peterson , PE, Operations Director, has approved the flow model information. Natural Features: The applicant has provided a narrative regarding the natural features of the site. According to the applicant's representative, the property was a farm for the last 30 years and wetlands are not located within this 28-acre project. Wetlands: The applicant has added a note to the plat stating that "There are not any wetlands located within this re -subdivision of Red Barn Road Estate s." Wetland buffer signs were previously installed on the previous portion of Red Barn Road Estates that do contain the wetlands. All wetland buffer sign age was installed and verified by the City of Fairhope . Traffic: The applicant provided traffic data which was reviewed and approved by Mr. Richard Johnson, PE, Public Works Director. Drainage: The Public Works Director, Mr. Richard Johnson, PE, has requested the addition of drainage notes. One note with regard to the on-site LID and the other note with regard s to general drainage on minor final plats which should read as follows: "Adequate drainage for each lot shall be provided at the time of home construction . No developed lot shall discharge storm water unto a neighboring lot without drainage easement and constructed conveyance. All lots shall drain to the public storm water system." The notes were added. However, the applicant is miss ing the note referencing the wetland specialist and engineer that was previously on the plat. The requests that the Public Works Director regarding the notes were made by the applicant. Staff met with the applicant on June 19, 2018 and requested Mr. John son review the corrections. Staff did not receive any changes or feedback regarding the corrections made. Sidewalks: Article V Section D.6 requires that all streets shall include a p ed estrian area and a planting strip and a sidewalk, according to the standards in Table 5 .3 in Appendix A. Sidewalks shall be required, which would be a performance item per the City of Fairhope Subdivision Regulation s. Plannin g Staff met with Mr. Richard Johnson on June 22, 2018 and th e discussion was that the subject property ROW is within Baldwin County Juri sdiction. Mr. John so n state d that a note on the plat stating "S idewalks shall be required at the 4 SD 18.26 Re -plat of Lots 4-8 of Red Barn Road Estates -July 2, 2018 time of Building Permit" would be adequate to satisfy the requirement that sidewalks are required. Staff met with Erik Cortina s, Building Official, for the City of Fairhope and he confirmed that a note on the plat would be acceptable. The presence of sidewalks will fall under the authority of the Building Department as the subject property is within the City of Fairhope Permit Jurisdiction. The applicant shall provide a note on the plat that sidewalks shall be required at building permit. Staff met with Mr. Richard Johnson and Mr. Richard Peterson regarding the requirement for street trees on minor subdivisions. Since new streets are not being in stalled and this location is in Baldwin County ROW, they were of the opinion that street trees should not be requi r ed by the City of Fairhope. No street trees will be required per Mr. Johnson and Mr. Peterson. Tree Survey: After discussions with the applicant's engineer, staff understood that a tree survey was not conducted due to the fact that the site was previously a field and that the trees near the wetland are within the wetland buffer. However, planning staff noted on the aerial that there appeared to be tree canopy located on lot 17. The applicant did identify that there is a heritage oak on the property. The applicant chose to put a note on the plat regarding tree protection. Operations and Maintenance Plan : The Operation s and Maintenance Plan and Agreement updated to include the new lots and re su bmitted. Staff met with Mr. Richard Johnson on June 19, 2018 and requested Mr. Johnson review the corrections. Staff did not receive any changes or feedback regarding the corrections made. Financial Guarantees: Per Mr. Richard Johnson, a note on the plat requiring sidewalks at the time of building permit are sufficient to sa tisfy the requirement for sidewalks . Therefore, a performance bond has not been requested and will not be required on this subdivision. A maintenance bond for the subdivision was provided in 2017 for water and fire hydrants, the utility department has checked the status of the City infrastructure that went before City Council on 3/18/2017 . There are no current issues with the infrastructure. The actual bond will not expire until 3/18/2019. Therefore, the additional lots will not require anymore infra structure therefore the entire subdivision will be addressed under the current maintenance bond . Recorded Plats: All conditions of approval shall be sa tisfied in a timely manner. A minor subdivision . The applicant shall have all items completed so the Plat may be recorded within a 60-day time frame, per th e City of Fairhope Subdivision Regulations. Other: Any applicable outside agency permit shall be obtained . The subdivision reg ulations contain the following criteria in Article IV.8.2. Approval Standards. "2. Consistency with Plans, Regulations and Laws -The Planning Commission shall not approve the subdivision of land if the Commission makes a finding that such land is not suitable for platting and development as proposed, due to any of the following: a. The proposed subdivision is not consistent with the City's Comprehensive Plan, and/or the City's Zoning ordinance, where applicable; b. The proposed subdivision is not consistent with the City's Comprehensive Plan or any other plan or program for the physical development of the City 5 SD 18.26 Re -pl at of Lots 4-8 of Red Barn Road Estates -Jul y 2, 20 18 including but not limited to a Master Street Plan, a Parks Plan, a Bicycle Plan, a Pedestrian Plan, or the Capital Improvements Program; c. The proposed subdivision is not consistent with these Regulations; d. The proposed subdivision is not consistent with other applicable state or federal laws and regulations; or e. The proposed subdivision otherwise endangers the health, safety, welfare or property within the planning jurisdiction of the City." The project does not appear to be inconsistent w ith the applicable criteria of the City of Fairhope. Recommendation: Staff recommends approval contingent upon the following conditions: 1. The applicant sha ll provide written verification (letter or email) from Baldwi n County regarding approval of Lot 25 as a flag lot. 2. The applicant sha ll add the note that was on the previously recorded plat regarding the wetland specialist and engineer. The note on the previous plat reads as follows: "The owner of each lot shall provide to the City of Fairhope Planning Department a signed sea led certification from and Alabam a Registered Professional Civil Engineer and a wetland specia list stating that the drainage and Low Impact Development (LID} have met the City of Fairhope drainage and LID requirements." 3. The applicant shall provide a note on the plat that sidewalks shall be requ ire d at building permit. 4. The applicant shall correct the utility easements and building setback lines so that the utility easements are not greater than the building se tback lines and meet the City of Fairhope's requirements. 6 SD 18.26 Re-plat of Lots 4-8 of Red Barn Road Estates -July 2, 2018 Summary of Request: Public hearing to consider the request of Hutchinson, Moore, and Raugh, LLC (HMR) on behalf of Battles Road, LLC for approval of a Phase 2 of Ol d Battles Place, a Multiple Occupancy Project (MOP). Subject property is located at the northeast intersection of Old Battles Road (CR 34) and South Section Street (CR 3), consisting of approximately 40.89 total acres. Subject application is an MOP and does not request subdivision of lands or the creation of new lots. Phase 1 of the development has been constructed, consisting of 110 apartment homes. Phase 2 wil l complete development of the site and requests an additiona l 94 apartment homes of similar configuration and arrangement to Phase 1. Mr. Tim Lawley, PE, of HMR serves as the engineer or record (EOR) for subject application. The staff recommendation reflects conditions of approval necessary for final closeout of the MOP but requiring a separate procedure due to the absence of a final plat approval associated with MOPs. Comments: MULTIPLE OCCUPANCY PROJECT (MOP) CRITERIA The following item are excerpts from the various checklists utilized by staff to evaluate subject application's compliance with the City of Fairhope Zoning Ordinance, City of Fairhope Subdivision Regulations and other re levant ordinances and are included here to provide relevant background and rationale behind staff's recommendation. Any items initially marked "revise and resubmit" have been cured by the notations in blue text . Any items marked in red text will be cured by conditions of approval, or in the case of a recommendation for denial of an application, provide rationale for the recommendation of denial. All Article, Section, and Paragraph numbers identified are references to the City of Fairhope Subdivision Regulations unless otherwise identified. Article IV. Section C. J.b. (3) Names and addresses of the following : • owner • designer • applicant • all associated investors • record owners of lands immediately adiacent to subdivision . □NIA I IZI Accepted with comments I D Revise and Resubmit per comments Comments: Thomas Mitchell is the sole member of Battles Road, LLC. Article IV, Section C.J.b .(8) Plan and profiles of all proposed utilities with connections (8) Plan and profiles of all proposed utility with connections to existing utility system and all proposed improvements. Approval of private utility connections for water and sewer shall be subject to the standards of Atiicle Vlll, Sections E. and G ., respectively of the Fairhope Subdivision Regulations , and Chapter 12 of the Code of Ordinances of the City of Fairhope. The applicant shall submit one copy of utility letters stating availability of service. Utility letters and layout must be submitted from electric, water, sewer phone, trash provider, and gas (if applicable), stating the property mav be adequately served by such utility. □N IA IZI Accepted with comments □Revise and Resubmit per comments Cross Reference: Approval of private utility co nnection s for water and sewer shall be subjec t to the standards of A rticle VIII, Sections E. and G., respectively of the Fairhope Subdivision R egulations , and Chapter 12 of the Code of Ordinances of the City of Fairhope . The Engineer or Record (EOR) verified i11 its initial phase 2 submittal the lift station constructed in Phase 1 was sized for the entire development and its volume and capacity were upgraded at the request of the City of Fairhope (COF). 2 SD 18.27 Old Battles Place, Phase 2 -July 2, 2018 Artic le I V, S ec tion C. J.b. (] 1) Flow model data submitted to the standards of th e COF Water Department. □NIA IZI Accepted with comments □Revise and Resubmit per comments The EOR indicated in its initial Phase 2 submittal the.fire flow model for the entire site indicates a worst-case scenario delivering 1,000 psi at more titan 20 psi, and will likely deliver greater pressure to Phase 2 due to Phase 2 's lower elevation. Article W, Sec tion C. J. b. (12 ) Street lighting plan □NIA f8lAccept ed with comments □Revise and Resubmit per comme nts The EOR indicated in the initial Phase 2 submittal the street /if!hti11~ will be installed consistent with Phase 1. Article J V, S ec tion C. J. b. (13 ) and A rticle V, S ectio n D. 5. a. (9) Tree protection plan for all requir ed street trees or trees over 24" DBH . Tree protection fences s hall be installed prior to la nd disturbance activities . (See Appendi x G) □NIA f8lAccepted with comments □Revise and Resubmit per comments Cro ss Reference: Ordin an ce numbe r 1444, Tr ee Ordinan ce Comments: The City Horticulturalist reviewed and approved drawings TPJ00, LP200, mu/ LP500 submitted with the initial Phase 2 submittal. Su~;ect applic11tio11 is an MOP a11d therefore ajim11alizedji11al "plat" procedure is 1101 conducted. As a condition of approval, tlle landscape architect shall submit <m as-built drawing with " statement indicatinl! the landscape features of the site have been constructed as-desi1ttted. Atticle flt, Sec tion C.J.b .(1 6) Pedestrian circulation plan □NIA f8lAccepted with comments □Revis e and Resubmit per comments The EOR i11cluded a narrative i11 the initial Phase 2 submittal indicating pedestrian circulation for the 2"" phase mimics that oftltejirst phase via 5'-0" wide sidewalks 011 each side of the i11terior access road. Both phases 1 and 2 contain a linked "loop" connecting all apartment home units. Further, sidewalks connecting to the CR 3 and CR 34 ROW are depicted on slteet 3 of 19 and allow pedestrian access from CR 34 through the site connecting to CR 3 at the northwest comer of the site. Article W, S ec tion C.J.b.(1 7) Site data bo x includin g but no t limited t o: • Total acreage of site • Acreage of common area(s) • T otal number of lots • Square foota ge of each lot • Site Density • Numb er of units proposed □NIA IZ!Accepted with comments □Revise and Resubmit per comments The site data table proposes 204 units on approximately 40.89 acres for a density of approximately 4.988995 units per ac1·e. The allowable density for the site (R-5 High Density Residential Dwelling District) is ten (10) units per acre however the zoning approval for the site is restricted to 5 units pe1· acre as more fully described in case# ZC 06.19. However, the legal description of subject property referenced in ZC 06.19 describes subject property as 40.7077 acres. Because the ordinance apprnving the zoning change to R-5 High Density Residential, as well as the petition for annexation both indicate the subject property as 40.7077 acres more or less, and the updated survey for the site reflects 40.89 acres , the density for subject property has been calculated based upon 40.89 acres. 204 units divided by 40.89 acres yields a density of 4.988 units per acre , which meets the allowable density requirements for the site. 3 SD 18.27 Old Battles Place, Phase 2-July 2, 2018 Article IV, Section C.l.b.(18) Applicants shall provide site data and all applicable permits relative to items such as soils, wetlands, flooding , drainage, nah1ral features and potential archeological features. (Excerpted) □N IA I ~Accepted with comments I □Revise and Resubmit per comments Comments: Subject property is not located in a flood hazard area per the 2017 preliminmy flood maps. Article IV. Section C. J. h. Traffic Data and Traffic Study (Excerpted) Applications shall include trip generation data showing the projected average daily traffic (ADT) in a 24-hour period and projected peak-hour traffic generated by the development in the subdivision application . Peak hour traffic shall generally be the hours between 7 AM. and 9 A.M. for morning and 4 P.M. and 6 P .M . for the evening and include the consecutive 60-minute segment in which traffic counts are projected to occur. □NIA ~Accepted with comments □Revise and Resubmit per comments Comments: A traffic study performed by Sain Associates was submitted wit!, Phase 1 of Old Battles Place. The traffic study states "the intersection of Section Street mu/ Old Battels Road is expected to operate at acceptable levels of service after both build phases are complete". The traffic study also states a multi-way stop evaluation was performed at the same intersection at the request of the Baldwin County Highway Department, and Srtin Associates stated, "Tlte intersection does not meet (the) warrants for installation". Article IV, Se c tion C. 5. Pre-Construction Conference 5. Pre-construction Conference -An onsite pre-construction conference with City representatives is required prior to initiation of any land disturbance activities. Construction of said improvements shall in no way ob ligate the Commission to grant Final Approval of the Plat, nor shall it obligate the City Council to accept such improvements for public maintenance. No owner or developer shall proceed with any site work under authority of preliminaty plat approval until the comp letion of the preconstruction conference. □NI A ~Accepted with comments □Revise and Resubmit per comments Comments: This item will be a condition of aooroval. Article Jv, Section.DI .a. Maintenance Bond a . Either a financial guaranty (in the form of a maintenance bond) in an amount and form acceptable to the City Council as a guarantee for the installation of required improvements or the detennination of the City's General Superintendent that all required improvements have been installed to the Cit ✓'s requirements. □NI A ~Accepted with comments □Revise and Resubmit per comments Comments: Su~ject developmem is 1101 a typical subdivision requiring afi11al ·'plat" approval. The closeout requirements for this application will be conditions of llpp1·oval, and tile maintenance bond (more specifically a mai111ena11ce, materials, and workmanship bond) will be a closeout requirement only for improvements th at will become public improvements occurring i11 public ROWs and public easements. Any neetled dedications to the COF will be identified during the closeout process and will be prepared by staff for City Co1111cil approval similar to that of" typical subdivision. Article Jv, Section.D.l .b. (4) Final Plat and Final Plans showing all infonnation required by and meeting requirements of Atticle IV., Section C . I . and the following additional information: (4) Street Tree Plan shall be submitted showing the location of all planted street trees. □NI A ~Accepted with comments □Revise and Resubmit per comments Comments: Subject development is not a typical subdivision requiring a.final ''plat" approval. The closeout requirements for tltis application will be conditions of approval. Please see Article W, Section C.1. for llxl 7 drawing submittal requirements and note drawings TPJ00, LP200 and LP500 have been reviewed and approved by the COF lwrticulturalist. As a condition of approval, the landscape architect shall submit a11 tu-built drawing with a statement i11dicatin2 the landscape features of the site have been constructed as-desiv1ed. 4 SD 18.27 Old Battles Place, Phase 2 -July 2, 2018 Article JV, Section.D.l.b.(8) Fina l Plat a nd Fina l Plans s howing all infrnmation required by and meeting requirements of A11icle IV ., Section C.l. and the following additiona l information: (8) Owner and Lien-Holders Certificates of Dedications for Streets or other public use. □NIA ~Accepted with comments □Revise and Resubmit per co nun en ts Comments: Subject development is not ft typical subdivision requiring a.final ''p lat" approval and does not request dedication of streets into the CO F. The closeout requirements for this application will be co uditions of approval. Please see Article IV, Section C.1. for llxl 7 drawilif( submittal requirements. Article IV, S ection.D. l. b. (9) Final Plat and Final Plans showing all information required by and meeting requireme nt s of At1icle IV., Section C. 1. and the following additiona l infonnation: (9) Where streets stubs are provided , said stubs shall provide access to abutting prope1iies. The applicant shall include a note on the plat providing notice that said stub shall provide future access to abutting prope1ties. □NIA ~Accepted with conunents □Revise and Resubmit per comments Comments: Subject development is uot a typical subdivision requiring afe,a/ ''p lat" approval and does not request dedication of streets into tlte COF or stub streets connecting otlter developments. The closeout requirements for this application will be conditions of approval. Please see Article IV, Section C.1. for llxl 7 drawing submittal requirements. Phase 1, nor does pltase 2 Article JV, Section.D.1 .b.(16) Final Plat and Final Plans showing all infonnation required by and meeting requirements of A1iicle IV., Section C . l. and the fo ll owing additional information: (16) Digital or video image(s) with date and time stamp of storm drains to ensure drainage structures are undamaged and free of debris and sediment. □NIA ~Accepted with comments □Revise and Resubmit per comments Comments: Subject development is not a typical subdivision requiring a final "plat" approval. Tlte closeout re<1uireme1w,· for tit is aonlicatio11 will be conditions of aoorovnl. Article IV, Section.D.1.b .(1 7) Final Plat and Final Plans showing all information required by and meeting requirements of Ariicle IV., Section C. l. and the following additiona l infonnation: (17) Maintenance Plan for maintenance of detention facil ities during development and documents providing for continued maintenance after comp letion of development and sale of all lots. Such documents running as a covenant with the lands . □NI A IZ!Accepted with comments □Revise and Resubmit per comments Cross Reference: Article V, Section F.3.a. (3) Comment.Y: The clm,·eout reQuirements for tltis annlication will be conditions of annrova/. Article V, Section F.3.a. (3)(a)(2) Storm Water Standards -Submitta l Reguirements -Minimum Reguirements- Erosion and Sediment Control Plan (2) An Erosion and Sediment Control Plan which includes, but shall not be limited to : (a) Architectural and engineering drawings , maps , assumptions , calculations, and narrative statements as required to accurately describe the development and measures taken to meet the objectives of st01m-water management; (b) Data on historical runoff, developed ru noff, detention pond details , and method of discharge. □NIA ~Accepted with comments □Revise and Resubmit per comments Comments: Tile phasing sequence 011 Drawing 17 of 19 reflects the Erosion and Sediment Co11trol measures for the site accomplished il1 three (3) phases. The excerpt below describes the stabilization process for tlte roadways within the proiect site. 5 SD 18.27 Old Battles Place, Phase 2 -July 2, 2018 PH ASE Ill 1. BA SE & PAVE PROPOS ED ROA DWAY (BI ND ER LAYER ON LY). 2. CONSTR UCT ALL BU ILD ING S/ REMA IN ING IMPROVE MENTS. 3. PAVE WEA RING ASPH ALT LAYE R 4. IN STA LL LAN DSC APING & STA BILIZE ALL DIST URBED AR EAS. 5. REM OVE SI LT FENCE , WATTLES & ANY ACC UMUL ATED SEDI MEN T IN THE DRAI NAGE AND DETENTION FACILI TIES . Art;cle V, Se ction F.3.a. (3)(a)(3) Sto rm Water Standards -S ubmi ttal Requirements -Minimum Requirements- Operations and Maintenance Plan (3) Operations and Maintenance (O&M) Plan and Agreement for maintenance of detention facilities and other storm water quantity and quality BMPs during development and documents providing for continued inspection and maintenance after completion of development and sa le of all lots , such documents running as a covenant with the lands. (a) An Operations and Maintenance (O&M) Agreement signed by the developer or owner for any required detention faci lities or other storm water quantity and quality BMPs must be submitted with the maintenance plan prepared by the design engineer for each BMP. The maintenance plan must include a description of the storm water conveyance system and its components, inspection priorities, schematics for each BMP, and inspection schedu le for each water quantity and quality BMP. The O&M Agreement must be recorded prior to final plans approval. If the final configuration of the storm wate r system or BMPs differs from the o ri ginal design on the approved plans, the O&M Agreement must be revised , finalized , and rerecorded. Failure to follow the O&M Agreement could result in enforcement action. (b) The long-tenn maintenance plan within the O&M Agreement contains the inspection priorities and schedule for the storm water BMPs. The owner is responsible for inspecting the storm water system and BMPs according to the schedule and submitting repo1ts to the Planning Director or his authorized representative every three (3) years to document that inspections have been completed and necessary maintenance has been performed . The first inspection repo1t is due December 31 of the third year after construction has been completed. Inspection rep01ts are then due by December 31 of every third ye ar fol lowing submittal of the first repott. The Planning Director or his authorized representative must be notified of any change in ownership . Failure to file the three-year inspection reports and perform required maintenance activities could result in enforcement action. (c) Prior to the full re lease of the performance bond for any new or substantia ll y improved storm water facilities , an Alabama registered engineer shall submit to the Planning Director or his authorized representative ce 1tification that the proposed storm water management system an d BMPs for the development are complete and functional in accordance with the approved plans and shall a lso provide as-built drawings for the stonn water management systems and BMPs. □NIA IZ!Accepted with comments □R evise and Resubmit per comments Comme111s : Subject application is 011 MOP not requiring a final ''plat" submission process. As a result, the submission ofthe/111/y-executed rmd properly-recorded Operations and Mailllena11ce Plan shall he a closeout requiremellt mul a condition of aoorova/. 6 SD 18.27 Old Battles Place, Phase 2 -July 2, 2018 10 b. The sequencing of apartment home construction, procedures for requests for building inspection, and site stabilization requirements for each apartment home site will be clarified during the pre-construction conference. 2) Acceptance of the request for waiver of ten (10) LID techniques and acceptance of the use of six (6) LID techniques. A similar waiver was accepted for Phase 1 of subject development. The six LID techniques occur in twenty-one (21) locations throughout Phase 1 and Phase 2. 3) The building official will monitor the progress of the construction of the apartment homes in Phase 2. When the building official determines approximately 75% of the apartment homes have attained certificate of occupancy, sta ff will conduct the following closeout procedures as well as request the following closeout documents: a. Maintenance Bond as required by Article IV, Section.D.1.a. for any infrastructure to be dedicated to the City of Fairhope b. A fully-executed and recorded copy of the Operations and Maintenance (O&M) Plan and Agreement for maintenance of detention facilities and other storm water quantity and quality BMPs as required by Article IV, Section.D.1.b.(17) and Article V, Section F.3.a.(3)(a)(3) c. Digital or video image(s) with date and time stamp of storm drains to ensure drainage structures are undamaged and free of debris and sediment as required by Article IV, Section. D.1.b. (16) d. One copy of the si te as-built drawings as well as one copy of the drainage calculations, both containing the engineer's certificate required by Article IV, Section.D .1.b.(18) and Article VI, Section E.6.-8. and identifying the entity re sponsib le for maintenance of drainage facilities outside the public ROW or public easements. e. One copy of the landscape as-built drawings with a statement from the landscape architect of record indicating the various landscape features have been completed as-designed. f. Inspection of all other MOP-applicable section s of Article IV, Section D. 1.b.(1)-(18) g. Inspection of all other MOP-applicable sections of Article VI, Construction Standards and Chapter 19 of the City of Fairhope Code of Ordinances, testing requirements SD 18 .27 Old Battles Pl ace, Pha se 2 -July 2, 2018 Emily Boyett From: Sent: To: Subject: Lynn Bo lton <lynnbolton@yahoo .com > Monday, June 25, 2018 10:26 PM Emily Boyett Old Battles Place, Phase II I understand that the developer is requesting approval for Phase II of Old Battles Place Apartments. I'm asking the City Planning Commission to turn down the request and not grant the waiver they are seeking to build 94 more apartments . This developer has not been a good neighbor to the surrounding area or to the environment. Every good rain sends a a red river through my back yard. This has been happening since the construction of Phase I. It's happened within the last two weeks. This red water eventually ends up in Mobile Bay . This developer just wants to get his product in the ground and move on. The citizens of Fairhope are left to deal with the problems caused by someone that's not even a part of our community. Vote for what's best for our community and not what's best for the developer's bottom line. Sincerely, Lynn Bolton Sent from Yahoo Mail on Android 1 OLD BATTLES PLACE (OBP) IN APRIL 2014 THERE WAS A MAJOR RAIN EVENT WHICH CAUSED CONSIDERABLE DAMAGE TO THE POINT CLEAR STABLES WATER W AY , AN ADJACENT HOME AND THE ACCESS BRIDGE ON WILLOWBRIDGE DR. THAT RAIN EVENT WAS PRIOR TO ANY DEVELOP MENT OF OBP PHASE 1 . THE AREA THAT IS NOW UNDER DEVELOPMENT WAS A GOOD FILTER AND POSED NO FLOODING PROBLEMS . MAJOR CONCERNS TODAY. FAST FORWARD TO LATE 2016 AND EARLY 2017 . FROM DECEMBER 5 TH 20 16 TO FEBRUARY 5 TH 2017 THREE MAJOR STORMS OCCURRED WHICH FLOODED THE SOUTH SECTION STREET AND OLD BATTLES ROAD INTERSECTION RESULTING IN THE CLOSING OF THE INTERSECTION ALL THREE TIMES AND DAMAGE TO THE CULVERTS UNDER SOUTH SECTION STREET AND OLD BATTLES ROAD . SEVERE FLOODING AND CONTAMINATED STORM WATER RUN OFF OCCURRED. THERE WAS A BREACH IN THE SIDE WALL OF THE OBP UNCOMPLETED RETENTION POND AS A RESULT OF WATER FLOWING INTO THE POND FROM OLD BATTLES VILLAGE (OBV), A TRULAND DEVELOPMENT, RETENTION POND AND FROM THE NORTH PART OF THE OBP WH ICH CAUSED THE POND TO OVERFLOW. THERE IS NOW A 48 INCH PIPELINE WHICH WAS INSTALLED TO DRAIN THE OBV RETENTION POND AND TO PICK UP THE WATER FLOWING FROM THE NORTH PART OF OBP. THE PIPELINE HAS NO RETENTION POND OR ANY OTHER CONTAINMENT PROVISIONS THEREFORE THE WATER FLOWS DIRECTLY O N TO OLD BATTLES ROAD , UNDER THE SOUTH SECTION STREET CULVERT,THROUGH AZALEA RIDGE , POINT CLEAR STABLES AND POLO RIDGE THEN TO THE BAY . THE COUNTY HAS BUILT TWO NEW CULVERTS , ONE UNDER OLD BATTLES ROAD AND ONE UNDER SOUTH SECTION SREET AND TWO ADDITIONA L PIPELINES UNDER OLD BATTLES ROAD NEAR THE 48 INCH PIPELINE , TO MOVE THE WATER AWAY FROM THE SOUTH SECTION STREET INTERSECTION . THIS RESULTS IN ALL THE WATER NOW PASSING THROUGH THE THREE SUBDIVISIONS NOTED EARLIER. THE ISSUE WITH POINT CLEAR STABLES IS THE BRIDGE THAT WAS NEARLY WASHED OUT IN 2014 IS SUBJECT TO WASH OUT IF ANOTHER 2014 TYPE OF STORM OCCURS , WITH THE ADDITION OF THE OBP STORM WATER RUN OFF ADDED TO THE EXISTING STORM WATER RUN OFF THERE IS A CAUSE FOR CONCERN . CONCLUSION : THE DEVELOPER HAS A RIGHT TO DEVELOP HIS LAND , THE CONCERN IS THE IMPACT TO NEIGHBORS IN THE COUNTY THAT HAVE NO SAY IN WHAT THE CITY DO E S. IT IS AGREED THAT WITH THE COMPLETION OF THE DEV ELOPMENT WITH THE ROADS BUILDINGS AND LANDSCAPING T HINGS WILL BE BETTER. THE WILD CARD HERE IS THE 48 INCH PIPELINE WHICH IS A HIGH VOLUME CONTAMINATED WATER SOURCE WITH NO CONSTRAINTS. IT IS RECOMMENDED THAT A STUDY BE CONDUCTED TO ESTABLISH A CONTROLING METHOD FOR THE PIPE LINE DISCHARGE . IT IS REALIZED THE MEMBERS OF THE PLANNING AND ZONING COMMISSION ARE APPOINTED AND DONATE YOUR TIME AND EFFORT TO BETTER THE LIVES OF ALL BADWIN COUNTY AND FAIRHOPE RESIDENTS . WE APPLAUD AND THANK YOU FOR ALL YOUR EFFORT. 6/27/2018 Proposed Amendment to the City of Fairhope Subdivision Regulations 4 . Planning Commission Decision - a. After review of the proposed preliminary plat by the Planning Commission, the Planning Commission may: (1) Approve the preliminary plat; (2) Approve the preliminary plat with conditions; (3) Deny the preliminary plat with stated reason(s) for denial; or ( 4) Table the application for further study and additional information. b. Preliminary plat approval shall not constitute final acceptance of the subdivision and the approval shall not be endorsed upon the plat. As provided by state law, these regulations require tentative or preliminary approval of a subdivision before installation of s treets and utilities. c. There is no provision for automatic preliminary approval upon the fai lure or refusal of the commission to act on a preliminary plat. The applicant's alternative in such case is to fina li ze the plat, post a financial guaranty as provided by law to ensure installation of improvements and then to apply for final plat approval. d. Upon approval of the preliminary plat, the sub-divider may apply for a Preconstruction Conference and install all required improvements in substantial conformity of all requirements of the regulations, applicable codes, and laws, and apply for fina l plat approval e. When the flanning Commission denies a preliminary plat, no further subdivision applications affecting the same parcel or a portion thereof will be considered by the Commission within e months 180 days from the date of such denial, unless all of the following occur: 1. A new preliminary plat application is submitted which clearly corrects, resolves, or mitigates all of the design standard deficiencies and/or other reasons which were the basis of the original preliminary plat denial; and 2. A new, complete application and fees are submitted. f. Upon the decision rendered by the Planning Commission, the Planning Department will issue a letter to the appli cant regarding the official decision of the Planning Commission. {MB311424.1}