HomeMy WebLinkAbout12-03-2018 Planning Commission Agenda PacketKarin Wilson
Maj>Jr
Council Members
Kevin G. Boone
Robert A. Brown
Jack Burrell, ACMO
Jimmy Conyers
lay Robinson
Lisa A. Hanks, MMC
Cirycterk
Michael V. Hinson. CPA
Cl£V 7/-easurer
16 J North Section Street
P 0 . Drawer 429
Fairhope. Alabama 36533
251-928-2136
251-928-6776 Fax
w\l~v.fairhopeal.gov
1. Call to Order
2. Approval of Minutes
City of Fairhope
Planning Commission Agenda
5:00 PM
Council Chambers
December 3, 2018
• November 1, 2018
3. Consideration of Agenda Items:
A. SD 18.41
B. ZC 18.07
Public hearing to consider the request of Firethorne
Development, LLC for Final Plat approval of The Village at
Firethorne, a 20-lot subdivision . The property is located at
the south end of Hemlock Drive and on the west side of Quail
Creek Estates, The Villas.
PPIN #: 362656
Public hearing to consider the request of Mike Fogle to rezone
property from R-2 Medium Density Single Family Residential
District to B-4 Business and Professional District. The
property is located on the southwest corner of the
intersection of County Road 13 and Fairhope Avenue, at
20451 County Road 13.
PPIN #: 15462 and 236233
C. ZC 18.14 Public hearing to consider the request of JFL Holdings, LLC to
rezone property from B-1 Local Shopping District to B-2
General Business District. The property is located on the
southeast corner of the intersection of S. Church Street and
De La Mare Street, at 51 S. Church Street.
PPIN #: 15272
D. SR 18.06 Request of John Bethea, on behalf of Bethea, LLC, for Site
Plan review and approval of an amendment to Founder's
Square. The property is located on the west side of Section
Street, at 76 S. Section Street.
PPIN #: 304740, 304741, 304742, 304743 and
304744
E. ZC 18.15 Public hearing to consider the request of the City of Fairhope
Planning and Zoning Department for an amendment to Article
III, Section B.1. Table 3-1: Use Table of the City of Fairhope
Zoning Ordinance to allow Public Utility in the R-6 Mobile Home
Park District permitted only on appeal and subject to special
conditions.
4. Old/New Business
• Greenspace Discussion
5 . Adjourn
Project Name:
The Village at Firethorne PUD
Property Owner I Applicant:
Nathan Cox , Ralph Reynolds,
Davis Pilot, Billy Stimpson,
Sands Stimpson , and
Tom Gross
General Location:
½ half mile east of St Hwy 181
And Twin Beech Road terminus
Project Type:
Final Plat
Number of lots:
20
Project Acreage:
6.27 acres
Zoning District:
Planned Unit Development
PPIN Number:
366931
Engineer of record:
Dewberry Engineering, Inc .
School District:
Fairhope Elementary, Middle,
and High Schools
Report prepared by:
J. Buford King , City Planner
Recommendation:
Approval with conditions
1
Planni ng Commission
December 3, 2018
Final Plat Approval
Case : SD 18.17 The Village at Firethorne
SITE
Legend
....... SuD,ect Parcel
CITY OF FAIRHOPE ZONING
Zoning
~ TR Tounsl Reson
1111 R-A Residential /AgnOJllure Oistna
R-1 Low Density Srigle-Famll y
1111D Rl(o)
c:J Rl(b)
R l (C)
R-2 IJedllrnOensitySrigle-Fem,1)1
.. R-3 High Oensty s,ng~-Famil y
R-l POH P111ol0arelen Srig1e Fam i y
t----'-i----1:==;=::,,:;::::::::;;:=~===~--; CJ R-l TH To,•A1house s1no1e Fa mi y
~
1111 R-4 LowOensty Mull~ami/y
R~5 High Oensty O\•.elrig Aeside:nl)a l
R-S Mobil e Home Par1r; Ol!tna
.. B-1 Loea1snopp1ng Otsttia
6-2 GeneratBuSinessOiSlri a
.. B-3a Tounst Resort Lodgt19 Oi,tnd
.. 6-?b Tounsi Re.son Comm eroalServtCe O,.stna
a.-i Bu sane$$ ond ?role.ssiona! D!stncl
.. ,.,., llghl tndustnal OtsUict
Ill P-1 Paru10
?UO Pl.!lnnea un, Oe...etapmen1
~ Parce 1Lc1 line
.!.
SD 18.17 The V illage at Firethorne -Dec. 3, 2018
Summary of Request:
Pub l ic hearing to consider the request of Dewberry
Engineering, Inc for final p lat approval of The
Vil lage at Firethorne, a 20-lot major subdivision .
The property is located ½ mile east of the terminus
of Twin Beech Road and Twin Beech Road's
intersection with State Highway 181 following the
powerline right of way that parallels Twin Beech
Road. The subject property is approximately 6.27
acres consisting of 3.19 units per acre when
divided into 20 lots. The largest lot is
approximately 14,583 sf and the smallest lot is
approximately 7,359 sf. Subject application is the
final plat of a new phase of the larger Firethorne
PUD. An abbreviated master plan of the Firethorne
development is included at right depicting adjacent
and nearby phases of the Firethorne Development
in relation to The Village at Firethorne.
Comments:
The following items are excerpts from the various
checklists utilized by staff to evaluate subject
application's compliance with the City of Fairhope Zon ing 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 remaining 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. Sections from the subdivision regulations are excerpts -complete
checklists and full sets of plans are available via SharePoint web access .
FINAL PLAT COMMENTS
A r t i cle IV, Sec t io n D. 3. Staff Rev iew
3 . Staff Revie w -Appli ca nts for a fi na l plat s ha ll firs t s ubmit t he fi na l p lat and pl a ns to t he P lannin g Direct o r
and /o r hi s/he r a uthorize d age nt for staff's rev iew. T he Directo r s ha ll det e rmin e if the submitta ls me et a ll of th e
require m e nts of Sect io n D . l., a bo ve . In co mpl et e, pa rt ia l or in accura te su bmi tta ls w ill n ot be acce pted , but w ill be
return e d t o a pplica nt fo r re-s ubmi ss io n fo r a late r hearin g. Staff s ha ll rev iew the a pplica ti on a nd prov id e comm e nts
to th e applicant. Fo ll owin g st aff rev iew and co m me nts t he a ppli ca nt s hall m ake a fo rm a l a ppli catio n fo r s ubm ittal
to a nd rev iew bv th e Pl a nnin g Co mmi ss io n .
ON/A ~Acc epte d wi th □Rev i se and R es ubmi t per c omment s
co mm ent s
Cross R efere nce: A r ticle IV, Sect i on .D. 1. b. (19 J Fi na l Pl at a nd F in a l Pl a ns
Comments : See comm ents in section s below for tec ltnical review .
Art icle JV, Sect i on.D.l.a. Maintenance Bo nd
a. E it her a fin a nc ia l g ua ran ty (in t he fo rm o f a m a in te na nce bo nd ) in a n a mo un t and fo rm acce pta bl e to the C ity
Co uncil as a g uarant ee for th e in st a ll at io n o f re quired imp rovements or t he d et e nn inat io n of th e C ity's Genera l
Sup e rintend e nt th at a ll re quired imp rove me nts have been in st a ll e d to the C itv 's re quirem e nts.
ON/A I ~Accepted wi th com me nts I □Rev i se and Res ubmit p er com ments
2 SD 18 .17 The Villa ge at Fire t horne -De c. 3, 2018
Comments: Maintenance Bond included with applition. All improvements, includi11g grading & drainage,
roadways, water system, sewer system (including tlte sewer lift station) are identified in tlte maintenance bond
agreement and covered for a 2-year period beginning 011 tlte date of execution of tlte mai11te11a11ce bond
af[reement. The 2-pear dumtion meets t!te requirements of Chapter 19 of the Fairhope Code of Ordinances.
Article IV, Se ction.D.1. b. (3) Final Plat and Final Plans showing all information required by and meeting
requirements of A1t icle TV., Section C . l. and the following additional information:
(3) Storm water culve1ts and appurtenances , their size s and locations ,
□NIA I ~Accepted with comments \ □Revise and Resubmit per comments
Comments: As-built drawing CJ includes a scltedule of all drainage structures and pipes, with eaclt item labeled
on a drawbt2 CJ. Various plans and profiles are included 011 as-built drmvin1ts PPJ, PP2. and DJ.
Article JV, Section .D.l.b.(4) Final Plat and Final Plans showing all information required by and meeting
requirements of Article IV ., Section C.l. and the following additional information:
(4) Street Tree Plan shall be submitted showing the location of all olanted street trees.
□N I A I ~Accepted with comments \ □Revise and Resubmit per comments
Comments: A subdivision perfornumce bond is included witlt thejinaljlat application. Tile subdivision
performance bond agreement indicates the improvements, in this case thirty-tltree (33) street trees, shall be
installed within one (1) a,lendar year of the date of final plat approval as approved by the Planning
Commission. The s11bdivb;io11 performance bond agreement includes a supporting document indicating tlte 33
willow oak street trees to be installed by the afore-mentioned date. The bald cypress trees surrounding tlte
detention pond are in place as oft/tis writing and are a component of tlte landscape plan approved during the
preliminarv plat aovroval process.
Article IV, Sec tion.D.1.b .(7) Final Plat and Final Plans showing all information required by and meeting
requirements of Article JV., Section C.l. and the following additional information:
(7) Delineation on plans or plat of c lear sight triangles as required bv Article V, Se ction D.5 . b. (5).
□NI A I ~Accepted with conu11ents I □Revise and Resubmit per comments
Cross Reference: Article V. Sec tion D.5.b .(5 ).
Comments: As was noted in Article V, Section D.5.b. of tlte pre/iminmy plat review, subject development
includes a straif(ht co111i11uatio11 of Hemlock Drive witlt 110 intersections for whiclt sif[ht trian1:les are affected.
Article IV. Section.D. l . b. (9) Final Plat and Final Plans showing all information required by and meeting
requirements of Article IV ., Section C. l. and the followin g additional information :
(9) Where streets stubs are provided , said stubs shall provide access to abutting properties. The applicant shall
inc lude a note on the plat providing notice that said stub shall provide future access to abutting properties .
□NIA I □Accepted I □Revise and Resubmit per comments
Comments: As was noted during the preliminary plat approval process, subject development does not contain a
street stub due to two existing buffer conditions: 1) an existing powerliue easement immediately south of subject
property, and 2) lite wetland area indicated i11 Common Area 2. Allowing tlte cul-de-sac preserves a wetland
area , and an existing connection occurs in tlte "Silverleaf' section of Pltase 2, connecting to the existing Stone
Creek Subdivision. The exte11sio11 of Hemlock Drive into subject development is less than 660 ) long, therefore a
cul-de-sac is allowable in tit is case.
Article IV. Sec tion.D.l.b.(11 ) Final Plat and Final Plans showing all information required by and meeting
requirements of Article IV., Section C. I. and the following additional information:
( 11) Surveyor 's Certificate on Plat , Engineer's Seal and Certificate on Plans .
□N IA \ ~Accepted with comments I □Revise and Resubmit per conunents
Comments: The engineer of record's certificate as well as the surveyor of record's certificates are included 011
the.final plat. In addition to the engineer's seal 011 all plans, the engineer included a cover letter for the plans
indicatinf! the e11J[ineer's certificate avvlies to all plans 011 wlticlt tlte engineer's seal appears.
3 SD 18.17 The Vil lage at Firethorne -Dec . 3, 2018
Article IV, Section.D. J .b. (12) Final Plat and Final Plans showing all information required by and meeting
requirements of Article IV., Section C. I. and the following additional information:
(12) Provision for Recording Certificate.
ON/A I IZIAccepted witb comments I □Revise and Resubmit per co1ru11ents
Comments: Sufficient space is available on the plat for application of the Baldwin County Probate recording
certificate.
Article IV, S ection . D. l. b. ( 14) Final Plat and Final Plans showing all information required by and meeting
requirements of Article IV., Section C.1. and the following additional info1111ation:
(14) Ce1tificate for County En_gineer 's approval for extra-territorial plats.
IZIN/ A with c01m11ents I □Accepted I □Revise and Resubmit per comments
Cross Reference: Article V, Se c tion A. Wh en lands proposed to be subdivided h e outside the co1porate limits of th e
Cit y , the minimum design standards of Baldwin County shall apply when such standards are
more restrictive than those of the City. All approvals of th e Commission shall b e subject to th e more restrictive
requirements of Baldwin County and the approval of the County Engine er shall be a condition preced ent to
avvroval for construction of imvrovements.
Comments: Subject property was annexed into the City of Fairhope as approved by the Fairhope City Council
011 August 13, 2018 via Ordinance number 1253. As a result, the County Engineer's approval is not required for
subiect avp/ication.
Article IV, Section .D.J.b. (15) Final Plat and Fina l Plans showing a ll information required by and meeting
requirements of A1ticle l V ., Section C. l. and the following additio nal information :
(15) Site data table box including but not limited to :
• Total acreage of site
• Acreage of common area (s)
• Total number of lots
• Gross Floor Area of Buildings
• Site Density
• Number of units proposed .
RE OUlR ED SETBA CKS; SIT£ DATA FRONT : 25 FE ET
CURRENT ZONING : PUD REA R: 30 FEET
LIN. FT . STREETS : 513 LF SI DE: 5 FE ET
STREET SI DE: N/ A NUMBER OF LOT S: 2 0 (UNLESS OT HERWI SE SH OWN) SMALLEST LOT: 7 ,359 SF
LARGEST LOT: 1 4,583 SF urn !TY PROVI DER S
COMMON AREAS : 1 .65 AC . WATER : CIT Y OF FA IRHO PE
TOTAL AREA: 6.27 AC . SEWER : CIT Y OF FAIRHOP E
DENSITY: 3.19 LOTS /ACRE GAS: CI TY or fAIR HO PE
ALLOWABLE LO T COVERAGE : ELE CTR IC : BALDW IN EM C
PR INCIP LE STRUC TURE -40 % TELEPH ONE : AT&T
ACCESSOR Y STRU CTURE -2 5 %
(OF REQU IRED REAR YARD)
MAXIMUM BUILDING HEIGHT -35 '
ON/A I IZ!Accepted I □Revise and Resubmit per conunents
Article JV, Section .D. l .b. (16) Final Plat and Final Plans sh owing all info1111ation required by and meeting
requirements of Aiticle IV . Section C.1. and the following additiona l information:
( I 6) Digital or v id eo irnage(s) with date and time stamp of storm drains to ensure drainage structures are
undamaged and free of debris and sect irnent.
□N IA i lZIAccepted with comments I □Revise and Resubmit per comments
Comments: Inspection videos were submitted on the date of publication of this review checklist and have not yet
been reviewed. Any review comments related to the inspection videos willfollow under separate cover.
Article IV. Section .D. l. b. (1 7) Fina l Plat and Final Plans showing all information required by and meeting
requirements of Article IV ., Section C.1. and the following additiona l 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 documents running as a covenant
with the lands.
4 SD 18.17 The Village at Firethorne-Dec. 3, 2018
□N IA I □Accepted I rzl R e vise and Resubmit per comments
Cross Reference: Article V S ection F.3.a.(3)
Comme11ls: The Operations anti Mai11lemmce (O&M) Pfau was included with the prelimiuary p/(lt process mu/
a copy i.'t retained with case SD 18.17'sjile. Please provide a copy of the recorded O&M Plan along with the
city 's copy of the plat once the plat is recorded.
Article IV, Section.D. J .b. (18 ) Final Plat and Final P lans showing all information required by and meeting
requirements of Artic le IV., Section C . l . a nd the fo ll owing additional information:
( I 8)The eng ineer shal l pe1for111 the supervision of constructio11" the final plat shall have the following engi neer 's
ce1tification:
"ENGINEER'S CERTIFICATE'
"I, the und ersigned , a Registered Engineer in the State of Alabama holding Ce1tificate Number
__ __, hereby ce1tify that l have designed the within improvements in conformity with applicable
codes and laws and with the principals of good engineeri ng practice. I further ce1iify that I have
observed the construction oftbe 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 Ce,tificate Applies Plans which are ce1tified co nsist of Page __
thru __ , each of which bears by seal and signature."
□NIA I IZIAccepted with comments I □Revise and Resubmit per comments
Comments: Engineer's certificate is reflected 011 the.final plat. As noted in Article IV, Section.D.1.b.(11) the
engineer of record included a cover letter for the as-built plans indicating the engineer's cert?ficate applies to all
plans on which the enr:ineer's seal avoears.
Article IV, Section.D. l. b. (I 9) Fina l Plat and Final Plans showing all information required by and meeting
requirements of Aiticle IV., Section C. l . and the following additional information:
(19) All final plans submitted on a digital copy of al l plans in an ADOBE PDF format.
□NIA I □Accepted I IZIPlease provide copies of plat for Planning Commission packets
Comments: The ji11a/ plat is acceptable. Please provide 18 copies of llte .fi11al plat 011 llxl 7 paper.for i11clusio11
in 1/,e Phm11i11f! Commission 's packets. Submitted as requested.
Article IV, Section D.2. Phased Plats
2. Phased Plats -A final plat that includes onJy a po,tion of the land area of an approved preliminary plat shall
correspond to the phase lin es on an approved preliminary plat.
rzlN I A with comments I □Accepted I □Revise and Resubmit per c01runents
Comments: Subject development consists of a sinf(le phase.
Article IV, S ection D. 4. Final Inspections
4. Final Inspections -App li cants shall submit a letter of verification prepared by the Applicant's engineer ce1tifying
that all punch list items from the final inspections have been satisfactorily completed . A fee of $1 ,000.00 will be
charged for a ll re-inspections caused by incomplete punch lists.
□NIA IZ!Accepted with □Revise and Resubmit per comments
c01runents
Comments: For the aoolicant's information
5 SD 18.17 The Village at Firethorne -Dec. 3, 2018
Article JV, Section D. 7. Recording
7. Recording -Applicant is responsible for recording of Plat and approval sh al I be nu II and void if the Plat is not
recorded within sixty days after the date of final approval ; provided , however, that the Commission may , on finding
of good cause, extend that sixty day period. The applicant shall provide a copy of the recorded plat; failure to do so
shall result in the denial of the issuance of the building permits within the subdivision.
□N IA \ IZIAccepted with comments \ D Revise and Resubmit per comments
Comments: For the applicant's information, the final plat must be recorded within 60 days of approval. Plem;e
note the conditions of approvt1/ requiring completion of punch lists items. Tl1e _fi11al plat will not be signed by
staff until punch list items are complete.
STREET STANDARDS COMMENTS
Article V. S ec tion D.3.f Street Standard s -Street Layout (Continued)
a. Street Lights -Street lights are to be paid for or installed by the developer at the time of development.
Street lights shall be approved by the Planning director and /or his /her authorized agent and the Electrical
Superintendent. Pole height shall be no more than 15 feet from finished grade. The type and style of lights
and poles will be determined and agreed upon by the developer and the utility provider. All other
approvals , including the design layout of street lights , will be granted by the electrical superintendent. The
utility provider shall be responsible for the installation and maintenance of the street lights. Outside the
City of Fairhope , the homeowner's association will be responsible for the maintenance, if applicable, and
enern:v costs of the lights and this resvons ibility shall be noted on th e via!.
□NIA I □Accepted I ~ Please provide follow-up correspondence
Cross Reference : Article IV. S ec tion C. l.b. (1 2) Street li g hting plan
Comme11ts: At tlte time of this writing street lights have not been installed and it is 1101 clear if permanent power
is established at tlte site. Please provide.follow-up correspo11tle11ce c/ar(fying lite installation scltedulefor street
ligltt installatio1t/permanent power establishment. This re11iew assumes street ligltts_for subject phase will mate!,
those installed in tlte existing Fire/home phases. Baldwin EMC provided correspondence dated 11/20/2018
verifying wire, transformers, pedestals, and street lights have been installed and system was left "hot''
( energized) as of Friday November 16, 2018. The aerator is 110I f11nctio11iug in the retention pond as of
11 /21 /2018. Please note ounclt list items in conditions of annroval below.
Article V, S ec tion D .5.a. (8) Street Standards -Street Design -General Requirements -Stree t Tr ees
Street trees shall be planted on center in all planting strips according to the following:
(a) All 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 IO feet ;
(c) Tree species and tree placement shall be approved by the City Hmiiculturist;
(d) All trees shall be pruned so that no foliage , limbs or other obstructions exist between 2 ½ and l O feet
from the adjacent street grade ;
(e) 1n areas where planting strips are optional and not provided , sidewalks ten feet or greater shall provide
4 ' x 4 ' tree wells alon the curb so that trees ma be ]anted in conformance with these re uirements.
□NIA IZI Accepted with comments □Revise and Resubmit per comments
Comments: A subdivision performance bond is included witlt the final flat application. Tlte subdivision
performance bond agreement indicates thirty-three (33) Willow Oak street trees shall be installed within one (1)
calendar ear o tlte date o ma/ lat a 'Jroval as a roved b the Plannin° Commission.
Article V, S ec tion D. 6. Street Standards -Pedestrian Area Design Standards
All streets shall include a pedestrian area comprised of a planting strip and a sidewalk, according to the standards in
Table 5.3 in Appendix A. The developer may have the flexibilit y to construct the s idewalks within 2 years of final
plat approval. A letter of credit guaranteeing the con struction for 12 5% of the en g ineer's estimate is required. At
the end of 2 years , all sidewalks shal I be completed by either the developer or City, using the letter of credit. The
areas in which the sidewalks will be poured shall be graded and compacted at the time the subdivi s ion
infrastructure is constructed . The edestrian area shall be desi1:rned accordin° to the followino minimum standards :
6 SD 18.17 The Village at Firethorne -Dec. 3, 2018
a. All streets suppo1 ting resid enti a l land uses sha ll have a minimum 5-foot wide sid ewa lk on eac h side of the street with
tbe back edge of th e s id ewalk be in g the edge of th e right-of-way .
b. All streets supportin g publi c institution s and public facilities la nd uses shall in cl ud e a mini mum 5-foot wide s id ewa lk
an d 8-foot wi de planting strip on each s id e of the street .
c. All streets supporting non -res id en tial land uses including commerc ia l office , and mixed-use vill ages, shall have:
(I) a minimum 15 ' wide s id ewalk, with tree wells accordi n g to A1t ic le V., Sect ion D.5.a.8.(e) on each side of the
str eet; or
(2) a minimum 1 O' wid e sid ewa lk and minimum 6-foot w id e planting strip on each s id e of the street.
d . Sid ewa lk s shall include cu rb ramps meeti ng accessibility req uirements of the Amer ica n s with Dis ab iliti es act at all
intersections a nd any non-gra de driveway or lan d intersecting th e si dewalk.
e. Sid ewa lk s shall be co nstru cted of a minimum 4" co ncrete sur face meeting City construct ion sta nd ards. Where
app li cab le, sidewalk mater ia ls sha ll be us ed and co nstructed to encourage ma x imum tree preservation .
f. Streets in rnral and agricultural sub divi s ion s meeting a ll requ ir eme nt s of Articl e V ., Section D .7.c . and d. are not
required to provide sidewa lk s.
g _ Wh ere an nlic a bl e, sidewa lk s shall be configured in a man ner that provides fo r maximum tree preservation .
ON/A IZ!Ac cepte d with □Revise and Resubmit p er conunents
comments
Cross Reference: Article V Section D.5.a.8. (e) and D. 7.c and d.
Comments: A subdivisionperformance bond is included with tltefinal plat applition. 228 linearfeet (If) of
sidewalks installed during construction are covered by a maintenance bond submitte<I with the.final plat
application, with the remaining 93 7 If of sidewalks included in the subdivision performance bond mu! shall be
installed within one (1) year of the date o.ffinal plat approval per the subdivision performance bond agreement.
At a unit cost of $23.00 per linear foot the value t~fthe uninstalled sidewalks is $21,551.00. Jn compliance with
this section tlte bond amount/or the remaining sidewalks is submitted a s $26,938.75, or 125% of tlte engineer's
estimate ol the sidewalks cost.
CONSTRUCTION STANDARDS COMMENTS
A rticle VI, Sec Non C. Construction Standards-Curbs and Gutters
Curbs and gutters shall be installed on all streets within the planning jurisdiction of t he C it y of Fairhope, exce pt on
those streets which are e li g ible for the rural de s ign sta nd a rd expressed in Table 5 .3, Appendix A of the se
regulations. On streets requiring curb and g utter , either valley type or barri e r ty pe concrete c urb and g utter which
meet s the C ity's standards and s pecification s e x pre sse d in C hapte r 19 of the Cod e of Ordinances , as amended shall
be installed. Curbs and gutters shall be de s ig ned a nd installed in acco rdanc e w ith good engineering practice . Face
of curbs shall be not les s than s ix inche s in height. Backfill behind curbs s hall s lope to the back of the curb for
dra inage . Markings shall be added to the curb to indicate the location of water and sewer late1·als.
□NIA I IZIAccepte d with comments I □Re v ise and Resubmit per conm1ents
Cross Reference: Table 5.3 , Aooendix "A" C ity of'Fairhope Subdivision Re~ulations
Commellts: Sewer mu/ water laterals are marked on the curbs as required. The Building Official observed a
section of cracked curb near the e11tmnce of The Village . Though this area is a component of Greenbrier and
not a component of this review, tltis cracked curb is noted here/or the EOR and developer 's i11jormatio11 so that
repairs mav occur.
A rticle VI, Section E.6. -8. Construction Standards-Storm Water(Co ntinued)
6 . Warranty after Comp letion -All fa c ilitie s s ubject to acceptance fo r ma intenance by the public shall be warranted
for a period of two yea rs after date of acceptance by the deve lo pe r. A surety bond guaranteeing such
maintenance shall be a condition prece dent to acceptance for mainte nance by the gove rnin g bod y.
7. App li cability of General Law and Re gulation s -A ll plan s and the Work shall fully confo11n to all rvle s,
regulation s, codes , laws , and o rdinance s which ma y reasona bl y a ppl y thereto . ln the event of conflict between
provisions , the most restrictive pro vis ion shall app ly .
8. As-Built Drawin gs -A copy of th e construction as-built drawings sta mp e d by the en g in eer shall be submitted to
the Co mmi ss io n as verification that the project has be e n built in accordance w ith hi s or her design.
□NIA D Re v iew pending, IZ!Accepted with comments □Revise and R esubmit per
pl ease see comments comments
Cross Reference: City Co de Section 19-2(/) lvlaintenan ce Bond
7 SD 18.17 The Village at Firethorne -Dec . 3, 2018
Comments: Maintenance Surety bond# 21BCSHS3056 by Hartford Fire l11s11rauce Company is included with
the mal lat a lication in the amount o $84,951.50
Article VI, Section G. Construction Standards-Fire Hydrants
Fire Hydrants shall be installed along each street at a maximum interval of four hundred fifty ( 450) feet, or at the
ends and center of each block, or as otherwise required by the fire authority having jurisdiction. Water supply and
pressure shall be adequate to provide fire protection and for the future needs of the development.
Blue reflective markers shall be installed at the street line of streets to indicate the location of fire hydrants .
□NIA I □ I □Accepted with comments I IZ!Revise and Resubmit per comments
Commell/s: The blue reflective marker for the.fire hydrant lomted within tfte cul-de-sac near the dete11tio11 pond
is missillf!-please install as II tnmcl, list closeout item. Insta ll ed as requested .
Article VI, Section K. Construction Standards-lnsgection of lmgrovements
When all required improvements have been installed , the sub-divider shall call for a final inspection . The Planning
Director and/or his/her authorized agent and other City Department representatives shall inspect the site to
determine if the required improvements are satisfactorily installed according to plans, specifications, standards and
applicable laws and ordinances. To determine if the streets are installed to minimum standards. the sub-divider shall
select an indegendent testing laboratory aggroved by the City to make the necessat"):'. te s ts. Tests shall be conducted
at the expense of the sub-divider as required by Chapter 19 of the Fairhope Code of Ordinances.
□N IA \ ~Accepted with comments \ □Revise and Resubmit per cmmnents
Cross Reference: Chapter 19 of the Fairhope Code of Ordinances (testinf!, requirements)
Comments: Test reports for subgrade am/ granular base compaction, asphalt density, and concrete
(curbs)compressive strengtlt were furnished with the final plat submittal. The testing laboratory reports "the
roadway construction meets the requirements of the provided project plans" and includes the engineer's stamp
from the testin~ laboratory.
Article VL Section L. Construction Standards-Requirement to Comglete [mgrovements
Sub-divider shall be responsible for providing all required minimum improvements in the subdivision. This may be
accomplished either by (I) full in stallation of such improvements before the Final Plat is submitted to the Planning
Commission for approval or (2) after 90% substantial completion of the total cost of the infrastructure the sub-divider
may provide to the City a financial guarantee of performance in the fonn of either a performance bond or a Letter of
Credit. Any such performance bond sha ll be in form and substance acceptable to the Planning Commission , with oblige
riders in favor of the City in the event the bond issued in the name of the sub-divider's contractor and shall be issued by a
surety that is licensed to do business in the State of Alabama and having a Best rating of A-or better. In the event that the
subdivision lies within the extra-territorial jurisdiction, such guaranty shall be made jointly payab le to the City of
Fairhope and Baldwin County Alabama. The surety and the form and amount of such financial guaranty shall be subject
to approval of the City and/or County.
□NIA \ ~Accepted with comments I □Revise and Resubmit per c01m11ents
Comments: Comments: A subdivision performance bond is included with the final plat applition. 228 linear feet (If)
of sidewalks installed during construction are covered by a maintenance bond submitted with the final plat
application, with the remaining 937 lf ofsidewalks included in the subdivision performance bond and shall be
installed within one (1) year of the date ofjinal plat approval per the subdivision pe1formance bond agreement. At a
unit cost of $23.00 per linear foot the value of the uninstalled sidewalks is $21,551.00. In compliance with this section
the bond amount for the remaining sidewalks is submitted as $26,938.75, or 125% of the engineer's estimate of the
sidewalks cost. Further, thirty-three (33) Willow Oak street trees shall be installed within one (1) calendar year of the
date of final plat approval as approved by the Planning Commission. At a unit cost of $200.00 per tree, the total value
of the trees is $6,600.00 generating a bond amount of $8,250.00 based upon 125%. The total subdivision performance
bond amount totals $35,188.75. The cypress trees planted around the retention pond, not coyered by the bond
mentioned above, are leafless as of l l/21/2018 likely due to transplant shock. Staff will request the City
Horticulturalist evaluate the trees prior to signing the final plat to determine if the trees will recover from
transolaot shock or if they shall be reolaced .
8 SD 18.17 The Village at Firethorne -Dec. 3, 2018
Site Photos:
Looking south along lot 1 Looking southeast toward lift station
Looking west toward retention pond Looking west toward lot 17
Looking north from lot 10 Looking southwest toward wetland area
9 SD 18.17 The Village at Firethorne -Dec . 3, 2018
Staff Recommendation:
Staff recommend s APPROVAL of Case# SD 18.41, Final Plat Approval of The Village at Fire thorne contingent
upon the following condition s:
1) Outstanding Punch List Items requiring completion prior to final plat signatures.
a. Street (extension of Hemlock into subject development) shall be cleaned and free of dirt
b. Growth of grass seeding in disturbed areas shall be at 90% at time of final acceptance.
i. As of 11/21/2018 the browntop millet planted onsite has been frost-killed. Re-plant with a
winter mix of rye grass, winter rye , or other appropriate seeding or sodding to properly
stabilize the site.
c. The retention pond aerator is not functioning as of 11/21/2018. Place into operation as a punch
list item.
d. The bald cypress trees planted around the retention pond , not covered by the street tree bond ,
shall be evaluated by the City of Fairhope Horticulturalist to determine if they will recover from
transplant shock or if they must be replaced.
10 SD 18.17 The Village at Firethorne -Dec. 3, 201 8
1
\.._
Page 5 of 10
APPLICATION FOR SUBDIVISION PLAT APPROVAL
Application Type: D Village Subdivision
D Prelim inary Plat
D Minor Subdivision O Informal (No Fee)
[ZI Final Plat 0 Multiple Occupancy Project
Attachments: D Articles of Incorporation or List all associated investors
D ate of Application: _______ _
Property Owner / Leaseholder Information
Name of Property Owner: Firethorne Development , LLC Phone Number: 621-1887
Address of Property Owner: 29891 Woodrow Lane Ste. 300
City: Spanish Fort State: AL Zip: 36527
Proposed Subdivision Name: VILLAGE AT FIRETHORNE
No. Acres in Plat: _6_.2_7_A_C _______ No . Lots/Units: __ 2~0 _____ _
Parcel No: 46-06-23-0-000-004.449 Current Zoning: _P_U_D _____ _
Authorized Agent Information
Pl at must be s igned by the property owner b efore acceptance by the City of Fairhope
Name of Authorized Agent: Dewberry Engineers, Inc . Phone Number: 929-9797
Address: 25353 Friendship Road
City: Daphne State: AL Zip: 36526
Contact Person: Steven Pumphrey
Surveyor /Engineer Information
Name of Firm: Dewberry Engineers, Inc Phone Number: 929-9785
Address: 25353 Friendship Road
City: Daphne State: AL Zip: 36526
Contact Person: David E. Diehl
Plat Fee Calculation:
Reference: Ordinance 1269
Signatures:
I certify that I am the property owner /leaseholder of the above described property and hereby
submit this plat to the City for review. *If property is owned b y Fairhope s· gl '. Corp. an
authorized Single Tax representative shall sign this applica • a.
David E. Diehl (Agent)
Property Owner/Leaseholder Printed Name
Date Fairhope Single Tax Corp . (If Applicable)
lo) ~ (ffj ~ 'ir r..rr '\r;J m,
Ed:~~1t'~
BY .................... ., ..
CE/Wf1CATE OF APPROVAL BY Tfl[ CITY OF FAIRHOPf:(GAS) SURVEYOR'S NOTES: GENERAL NOTES:
PROPERTY IS LOCAJ£0 IN SECTI0tl 2J , TOWNSHJP 6 SOUTH ,
R,',NC[ 2 [AST, 6ALOWIN CCU~TY, ALABAMA.
THE UNOfRSICHEa, AS AUTH~ZEO BY THE CITY or f'AIAHOf'E H[AE8Y APPROVES THE
WITHIM PLAT f'OR ~E RECORDING Of' SAr.lE IN TI-IC: PROBATE OF"ACE Of BA.LD'M"
1. AU. ME.A SUFf[U(JrjTS WERE M.i.oE IN ACCORD,'NCE \tl!TH li,S, STANDARDS.
2. O[SCRIPTION AS fURNlSHCO B'I' CUEN1'.
1. rDR rt,[ LOC Al lON OF All UllU TlES, SE[ CON.STRIJC TION f'L.lN'S.
2, SlOR MWAT(R OET[NTJON AREAS .-.Rt NOf TH[ RESPONSJBiLfrr OF" CITY or
FAIRHOPE 10 MAINTAIN. COUNTY, M.ABAliA A., lHIS __ DAY Of _______ 20_
i u TH0111z(o REPRESENTATIVE
CfRnF/CMf OF APPROVAL BY THE CITY OF FAIRHOPE:(WAT£R)
J. THERE MAY BE RECORDED OR UNRECORDED DEEDS, EASEMENTS.
Rll>H?-Of'-WAY5, OR OfHER tNSTRUMOITS ¥1t1I01 COULD AffECT THE Of" SAIC
PROP[Rn[S.
4. {HERE W,\S NO ATTEMPT TO OETERl,IIME THE EIOST[NCE. LOCATION, OR EXTEN T Of"
ANY SUB-SURtAC[ rEA TURES.
5. SURVEY WAS CONOUCT(D ON APRIL 12 llt-15lH, ZOU: Af,10 IS IIECORDED IN Fl£l.O
BOOK f277, AT PACES 9-11 , ANO IN AN ELECTRONIC DATA fll.(,
l. All UTILITIES Will BE CONSTRUCTEO UN DCRCROUNO.
... THER( IS OEO,CAlEO HEREWITH A 15 roor UTIUTY EASf:UENT ON All LOT UNES
AJiiO COMMON ARE,t.5 ADJACENT TO THE RICHT-OF-WAYS ANO A 5 FOOT UTILITY
EASE MENT D'II EACH SIDE or LOT ANO CO~l.40N AREA LINES. !JNU:SS OTHER WIS£
NOTED.
!a. THERE IS O[CMCAltD H£R[WITH A 15 FOOT ORAINACC EASEMDH ALONC THE REAR
THC UNO[RSICN[D, ,S AUTHORIZED BY THE CITY Of FAIRHOP[ H[A[8Y APPROVES lHE
WITHI~ Pl.AT F'OA TME RECORDING 0, SAM( IN Tli[ PR OBA T£ OfFlC[ or 8ALDMN
6. BEARINGS AHO DISTANCES SHOWN HEREON WERE ·cOMf"Urro· FROM ACTUAL AELD
TR AVE RS£S.
7. BCAAlHGS AR£ SAS[tl ON S1'AT£ PLANE CRID C~l>INAT'ES AU.BIAI\IA WESJ ZOt,lf
0 10:Z (NAO ell DA TUM ).
LOT UNES Of All LOTS (UN U:SS Sli"""'4 OTHERWISE) AND A 10 fOOl DRAINACE
EAStMENT AL.ONG ALL SlOt LOT LINES (~ FOOT Off' tAOi SIOE),
6. MI NIMUM FINl!wtED Fl.OCR ELEVA 110N SHAU B£ us· ABOVC THE HKiHEST CROUt.'O
ELEVATION 10 f[£T OU TSIDE Of B\JILDINC. st( lHE FI\JRHOPE auILOINC OEPAHTM(J,•T
FOR SPEClFlC REOUI R(MENT.
COVNTY. ,t,LAB.4,MA. THIS _ DAY Of _______ 20 __
~UTHOftlZt'O RE:P R[SENfAll\iE
C£RnFICA TE OF APPROVAL BY THE CITY OF FAIRHOPE:(Sfr,f/1)
THE UNOERSICN[D, AS AUlHOAJZEO 8:Y TH [ Clf'f or fAIRH~E HCJfEBY APPRO'IES TI-iE
WITHIN PLAT fOR TI1E RECORDING OF SAME IN Tl-1[ PR08A TE Off"ICE OF BALO\IIIM
COUNTY, ALABAM,\, l~S __ DAY cY _______ 20 __
AlHHORIZCO REPRES£NTA T1'-i£
CERTIFICATE OF APPROVAL BY BALDWIN EI.IC:(EL£CTRIC)
THC UNOtASJCNEO, AS AUTHORIZED SY BALOMN OIC HEREBY APPROvtS n;[ WITH!"!
Pl.A f FOR THE RECOROING CN' SAW: IN THE PR OBA 1t omct Of 9ALDWIN CCUN TY,
ALABAMA, THIS __ DAY or _______ ,O_
~UntORIZEO REPRESENTATIYC
CERnFICATE: OF APPROVAL BY TELEPHONE (AT&cT):
~ n;[ ELEVA 000S SHOWN 11ER£0N ARE REU. l'ED TO MEAN SEA l.[1'(1. (t.CW IR!),
USINC CifOID 0.).
9, THIS SJ.JRV(Y IS BA.SEO UPC»,! MCINUMEHTA TI ON tOU/110 I"' PL.ACE" ANO 00£5 NOT
PUIIPCRT 10 BE A RCTRACE I.IENT ANO PROPOR TIONING OF fH£ ~ICINAL GOVfRNl,lnH
SURI/ET.
I s I
7, ACCESS 5TRtfi5 TO AOJ,lCENT PROPERTIES THAT ARE NOT CONNEC TED AT THE
TIME Of ThE II.IPRDVEMEN1S SHALL Bt POSTm WITH A STOP SICN BLANK READINC
·ruruRE TJ-tROUGH smrrr.
B. All COM~ AREAS SHO'M,1 HEREON A.RE DEDJCA TtO TD TW E US£ OF TH£'
RESIDENTS Of FlREThORNE ANO AN ACCESS &: USE. EASEW£Ht IS HEREBY DEDICATED
TO SAID RESIDE~fS FOR THAT PURPOSE , COMMON AREAS AA[ NOT OEOIC --TED 1'0 1HE
CITY OF" F"AtR'rlOPE ANO MAINT[),jANCC Dr SA1D AREAS SHAU. BE Tl-IE'. R[SP~SIBI UTY
OF TH£ PROf'ERTY OWNERS ASSOOATIDN ANO NOT THE CITY Of FAIR~OPt.
11/C/NTY MAP
1• -I /,I/LE:
fi1t UN0£AS1CNE:O, AS AUTHORJl.EO BY ATikl HER£DY ~PROVC5 THE Wltl-ilN PLAT rDR
THE R(COROINC Of' SAME IN n-ic PR08AT( OffjC( Of 9...u)WIN cou11n. Al,4B AMA.
I
I i--:
I
I
I
LOT 63 ll·tl5 -DAY Of _______ 20_ ,.._
,._UTHOR IZED REPfl'ESEN J,t, TIYC I Cl
I()
F I RETHORNE PHASE 13
SLIDE 2612-F I ~
~
I __________ I
I I
~----1 Cl
:.:: I I <.)
I 0
I I --.J
L ---a
FlRfTNORNC DE'VClOPM[NT l l C I :c
2989 r WDOOri'OW LH STE' JOO
SPANISH FORr AL J5S17 I
I I
j LOT 62 I
I I
1 FJ~~r:~:~Trf ~JoC 1 ~~1~TH~~T ~~~~~c62, I SPAN/SJ.I FORT 1U J6521 'lPHAS( 3 ot CR£ENBRJAR AT
l/rO>F FlRETHORN( (SUOE 2612-F")
40 80 120 --------
sa9·55•2o·w (PAJ 391 .04' l/l'CRr
__ ,. _ __....\!:!'.~::20:...,,---r--------------1'"'5,.., _..,,1"'0""· ___ ...:_:::a __ :.:::_..:: __ ~.,:..:..:::...::..,__ ...... _.....,~:a:.:..:.:.,C;:,....A.,.-. ""'1,.......--,1"'5""s-::_3c::3,-------~ c ... , z
j 13 ! -,,. :i:' •"'""·-~o~.oa~_Ac~-=s.=a-=9..,·3~s'--·=-o.,,.,·..,E,_ ___ 3_._3_5_'_..,.__~~~' g
SITE DATA
CURRENT ZONING: PUD
LIN. rl. ST RE ETS : 513 LF
NUMBER OF LOTS : 20
SMALLEST LOT: 7,359 SF
LARG EST LO T: 14,583 SF
COMM ON AREAS: 1.65 AC.
TOTA L AREA: 6.27 AC.
DENS ITY : 3. 19 LO TS/ ACRE
ALL OWABLE LDT COVERAGE:
PRINC IPLE STRUCT URE -40%
ACCESSORY STRUCTURE -25%
(OF REQ UI RED REAR YA RD )
MAX IMUM BU ILDI NG HEIGHT -35'
REQU IR ED SETBACKS:
FRONT; 25 FEET
REAR: 30 FEE T
SIDE : 5 FEET
STREET SIDE: N/ A
(UNLESS OTHERWISE
UTILITY PROVIDERS
SHOWN)
WATER : CITY OF FAIR HOPE
SEW~R: CITY OF FA IRHOPE
GAS: CITY OF FAIRH OPE
EL~CTRIC; BALDWIN EMC
TELEPHONE: AT&T
FLOOO CERnFICA TE::
lHl5 PROPERTY l.,IE5 WITHIN ZONE" ")C" AS SCALED
fR OM l"NE fEOER,A,L EMERGENCY MANA CEMENT
liOENCV'S ~LOOO INSURA NCE RATE MAP or 8ALDWIN
COVNTY, ALABAMA, MAP NU~8(R 01003t:;0156~L.
COMMUNIT'I' NUMBER 0 15000, PANEL t,4Ut.4BER 0665, surnx L. MAP ~(VISED DATE ..ULY 17, 2007.
SURVEYOR/ENGINEER ·
DEltBERRY
25.JSJ FR/t:NDSHIP ROAO. DAPHNE, AL J6526
DAVID E 0/EHL, PLS UC. NO. 26014
JASON ESTE:S, PE L/C, NO, 2271 4
OWNER /DEVELO P ER
FIRETHORNE DEVELOPMENT LLC
2989r H,OOOROW LANE, STI:. JOO
SPANISH FORT, AL J6527
CERnFICA nON OF Owr-lERSHIP ANO OED/CA nON:
ThlS 1$ f'O CEIUIFY TW-.T =======-=,-'5 Of" FJR[l\;OONE DEVrLOPMDH, LLC., THC OWNER OF
SHOWt+ ANO DESCAISEO 1H l'HE Pt.AT. H"5 CAUSED THE SlM( 10
At!D SUBDl\.10[0 il.S tHOICA TED H£REOH, FDR TH£ L.t5CS AND
FOR1H AHO 00£S H(R[BY ACKHOWI.EDCC AND ADOPT
D[SICH AHO Tin.£ HtfltON ~OtCATtO: AHO CRAHT "'-L
"1[ "llRPOSES NOTCD H.[RE t»rl AND DEOICA T[ AU SlREClS
...... o AU. COMMO,. -.REA!S •NO CAS£WCH15 11) PAIv.-. ,c IJSC.
fH SUCtl RES'IRICTION5 ANO COlll:N,.,1111S NOtCO BELOW Cit
ATTACl'ICO 1H A SEPARATE U:CAL DOCIJl,l[HT,
DATED THIS __ DAY or ______ 20 _
C[Rnf1CA nON BY NOTARY PUBLIC:
~?:rt~====
I, ____________ NOTARY PU8UC IH AHO fOlt ff
CQIJt,l fY OF OAl,O\lllf'I. JH THC STAT[ or ALABAMA , HEREBY CERTIFY THAT
~.,~,.,..=,~H .. "'N"("'DE"'l1!a,L-,,DP""•"'CN""f.77LL~S~j:~E/tTHE-r-OR~£COtlt--0---
~,.5n'tt~11Jlil:8 ,:-;:E&H:~JD ~~·rtNC:~~C:S:~~Jr,"~N~ J-I5
5UCH ()J'f!Ctfl AND l'l\'1'11 ruu. AU™DR1"', E)I ECUTED TH( SAME VOLUNTARllV
f"OR o\/iO o\!i TH£ ACT Cl" 5.-J D CIOAPOl"A TIOH.
l,IYP, Ut4D[R l,IY HANO ANO NDTORIA.L SEAL THlS __ JlA'I' ., ______ ,._
NDTAln' ,.UEILIC
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MORTGAGEE'S ACCEPTANCE,
IN 'MTNESS Wl,ERCOF, OF
Tl-IE owt4[RS Of 1HE lolORltiACE ON THE:
ATTACH£D D[SCRIBED PROPE:RTY HAS CAUSED THIS IP,1 STR UM£N T TO 8[
O<ECUTEO BY THE UNOERSICNEO OFFICERS. TH EREUHTO DUL"!' ,.U'THORIZED OH
THIS TltE _ DA'I' OF ______ ,o __
BY: _____________ _
AS ITS: ____________ _
CERnFrCA noN BY NOTARY PUBLIC:
STATE Of __ _
COIJNTY Of __ _
.::::::::::::::::::::::.~,ccN-:f><c,Ec,S,:TA;rtr_'_"•_LI~ :E':8::~~Jr;o~~'l Of
::;:::::::::;:::;:::,,,-.. ~Sl~EistT:~~ ~~~c~c,.~c~,.~.~ .. ~,.,,EN~T~.,:;
WHO tS KNOWN 1'0 ME, ACKNO'M.CDCEO BEFORE ME ON MS DAY THAT, BEING
INFORMtD or THC COHf[NJ OF' THE INSTRUM EN T. AN O AS SUDI OFTICER AND
M TH FlJLl AUTHORITY, EXECUTE D THE SAME VOLUNTARILY f'0R ANO AS Tkf
ACT Of SAID CORPOffA T10N.
Cl'IEN UN O(lf MY H.ti~ ANO NOTO~IAL SEJI.L 1HIS_________0AY ., ______ ,. __
'° ,-..
CERTIFICATE (F APPROVAL BY THE FAJRHOPf Pl.ANNING crJ,/UISSION
THIS PLAT HAS BE [H SU BlotlTTED TO ANO COHSIDER[D BY lHE on PLANNING
COMMISSION 01' FAIRHOPE, ALAB.t.l,IA, ANO IS APF'FtOVED 8Y SUCl1 COMMISSION.
THE CIT"!' OF FAIRHOPE PLANMNC COMMISSION
[NC/N[ER's CERnFICA TE
I, JASON N, CSTES. A LICENSED PROftSSIONAL [HCJN[ER IN THE STATE OF
At.ABA lotA, LICENSE NO. '22i'U. HElt£B'J C£RTlf'J THAT I HAVE" OESICNW THE
IMPROVEMENT'S FOR THIS OMLOPM(NT IN CONF'ORMITY WITH APf'UCASU:
COO£S AND LAWS AND WITH 'THE PRINOPl.£S Of C000 (NCIHEfR/NC PR.t.CTICC
INCLUOINC ll-lE ORIJNACE DESICN REQUIREMENTS Of THt FAIRHOP[ 51.JBOMSHlN
REGULATIONS. I n.lRTHER ~RTIF"I' 1HAT I ttAV[ PROVIDED OVERSICtn Of THE
CONSTRUCTION TO WY OESK',N. AHO THAT TO lHE BEST OF M't' KNOWLEDGE
I.ND BELIEF, 1HE AS -BUILTS PRO\IIDE'O TD ltlE CIT"!' OF rAIRHOPE AR( A TAU[
ANO ACCURATE REPRESDI TATION Of THE IMPROV£MENT5 AS lN.ST4Ll£0 ANO
™"' s••o II.IPRO\/E~EHTS ARE HE~BY RECOM M[ND[D FOR ACC[P TAHC[ BY
TH£ crr,·OF FAl~HOPE, AlAEIAU4.
JASON ~. CSTES. ENr.lNCER
OEWBERAY
DA.lt
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SURVEYOR'S CERnFICA TE:
STATE OF ALA BAMA
C:OUNT'Y or BALD~N
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wt. DEWBERRY, A FlRM OF LICENSED (NCiNEERS ANO LANO SURVEYORS or DAPHNE.
ALABA~A. HEREBY STATE THAT THE ABOVE IS A CORRECT MA P OR PLAT OF THE
FOLLOWING DESCRIBED PROPERTY S1 fUATED IN BALDWIN COUNTY. ALABAMA. TO-WIT:
BEGINNING AT A CA.PPEO IRON PIN AT THE SOUTH EAST CORNER Of LOT 62, PHASE
J Of (;REENBRIAR AT F1RETHORNE, AS SHOWN BY ~AP OR PLAT THER EOF.
RECORDED AT SUOE 2512-F°, PROBATE RECORDS, BALDWIN COUNTY. ALABAI.IA , ANO
RUN THENCE SOUTH 69 OECREES 55 MINUT[S 20 SECONOS WEST, Al.O NG TftE SOUTH
lr.4AR GIN OF SAID PHASE J. A DISTANCE Of J91.04 f(Ef TO A CAPPED l f:fON P IN;
THEN CE RUN SOUTH 00 DEGREE S 21 MINU TES 59 SECONDS WEST. A DISTANCE OF
570.60 f'l:ET TO A CAP PED IRON PIN: THENCE RUN SOUTl< SI DECREES 17 MI NUTES
31 SECONDS WEST. A DISU.NCE Of 172.07 FEET TO A CAPPED IRON PIN: THENCE
RU N SOUTH 89 DECREES ,47 MINUTES J2 SECONDS £1\ST. A DISTANCE OF' 524.83
FEET TO AN IRON PIN; THENCE RUN NORTH 00 DEGREES 21 MINU1£S 59 SECONDS
EAS T. A D ISTANCE Of 66J,J8 f"E ET TO AN IRON PIN ; THENCE RUN NORTH 00
DECREES 21 MINUlES 1? SEC ONDS WEST, A DISTANCE OF 17.45 FE ET TO THE POINT
Of BEGINNING , TRACT CONTAINS 6,27 ACRES . '-!ORE OR LESS, ANO UES IN SECTI ON
23, TO~SHIP 6 SOUTH, RANC E 2 EAST, BA LDWI~ COUNTY, ALABAI.IA ,
{ALL RtrERENCES TO RECORD PLATS ARE RECORDED AT PROBAfE RECORDS.
BA LDWIN COUNTY. ALABAMA )
(DESCRI PTION COl.4POSEO f'RO M PRQ8,t,T( RECORDS AND ,11,N ACTUAL F'IELO SURVEY)
WE f'I.JRTI-IER STA TE THAT WE HA vt DIVIDED THE PROPERTY AT THE IN STAN CE. or
THE OWNER THEREOF.
WE f'URTHER STAlt THIS SURVEY HAS BECN co..iPU:ltD IN ACCORDANCE WllH THE
RECUIREI.IEN TS or THE ST,.,NDARDS or PRACTICE r~ SURVEYINC IN THE STATE OF
A.LABAMA , EFFECTIVE JANUARY 1, 2017. ~
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SURVEY NOT I/AUD WlfHOt.JT ORtC!NAL SIGNA iURE ANO SEAL ~\
-1i:,10· E ...
THE VILLAGE
AT FIRETHORNE
FINAL PIAT
OCTOBER :!!18 -SHEET 1 OF 1
BOUNDARY SURVEY AND F1NAL .PIAT OF SUBDIVISION
O.E.D . CRAWN A.E.F .
J.N.E SURVEYOR D.E.O.
UDewberry
.l53S3 Friend~hlp Road Daphne .AL 36526
2s1.99t>.9950 fax i 51 .919-98 1s
CHKO . D.E.D.
PROJ MGR J.GA
SCALE 1 "ct 40•
PROJ . NO. 50098B35
FIL£ 500988J5PRELIU
SHEET 1 OF" 1
1
Project Name: 20451
County Road 13
Property Owner I
Applicant: Mike Fogle
General Location: Southwest
corner of the intersection of
County Road 13 and Fairhope
Avenue,at 20451 County
Road 13 .
Project Type: Re-zoning-
Request from R-2
(Medium Density Single
Family Residential) to B-4
(Business and Professional
District).
Project Acreage:
2.84 Acres
Zoning District: Both
Properties are currently
zoned R-2 within
the Corporate Limits of
Fairhope.
PPIN Number: 15462 &
236233
School District: Fairhope
Elementary, Middle and High
Schools
Report prepared by:
Nancy Milford,
Staff Planner, EIT, CAPZO Certified
Recommendation:
Denial
I .JS J
City of Fairhope
Planning Commission
December 3, 2018
Case: ZC 18.07
-
ZC 18.07 20451 County Road 13 -Dec . 3, 2018
2
Summary of Request: Public hearing to consider the request of Mr. Mike Fogle to rezone 2.8 acres of
property from R-2 (Medium Density Single Family Residential District) to B-4 (Business and
Professional District). The property is located at the south west corner of the intersection of County
Road 13 and Fairhope Aven ue, at 20451 County Road 13.
Mr. Fogel contends the development of the gasoline station and the roundabout has provided a
burden to he and his family due to traffic issues and the loss of the residential atmosphere of his
property.
Site History and Site Photos: The property is currently zoned R-2. Mr. Mike Fogel and his family live
on the sub ject properties (two parcels). The larger parcel (ppin 15462) has been developed as a
residence with a large pond on the property and the other parcel (ppin 23622) has been developed a
residence. The County installed a roundabout and purchased a portion of Mr. Fogel's property for
accommodating the roundabout.
View of subject properties with lake. View of the Subject Property from the Gas Station
ZC 18.07 20451 County Road 13 -Dec. 3, 2018
View of Gas Station from Subject Property View of residence from gas station with traffic circle
View of 1st drive in proximity to traffic circle View of 2nd drive in relation to residences
View of house in relation to pond. View of house and tree in the ROW
3 ZC 18.07 20451 County Road 13 -Dec. 3, 2018
4
Comments: The Zoning Ordinance in Article II Section C spec ifie s the following Criteria regarding
zoning amendments.
1. Zoning Amendments
e. Criteria-The application shall be reviewed based on the following criteria:
(I) Compliance with the Comprehensive Plan;
(2) Compliance with the standards, goals, and intent of this ordinance;
(3) The character of the surrounding property, including any pending development activity;
(4) Adequacy of public infrastructure to support the proposed development;
(5) Impacts on natural resources, including existing conditions and ongoing post-
development conditions;
(6 ) Compliance with other laws and regulations of the City;
(7) Compliance with other applicable laws and regulations of other jurisdictions;
(8) Impacts on adjacent property including noise, traffic, visible intrusions, potential
physical impacts, and property values; and,
(9) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions,
potential physical impacts, and property values.
Article II Section C 1 e (1):Comprehensive Plan: The subject property is classified as residential
in the City of Fairhope Comprehensive Plan (subject property is called out below). It lies
between two village nodes, Greeno Road and Fairhope Avenue intersection and Hwy 181 and
Fairhope Avenue intersection which are less than 2 miles apart. The Comprehensive Plan says
"The preferred plan also provides for commercial development at appropriate locations. The
preferred plan calls for both commercial nodes and villages". The Plan calls for 4 village nodes
and 1 downtown village node to accommodate commercial and high-density growth at a rate
30,000 to 180,000 sq. ft. of commercial area at each village node as well as 6 commercial nodes
at strategic locations throughout the City to accommodate between 2-16 acres. Ample
commercial locations are provided in the Comprehensive Plan at appropriate locations. The
subject property is not located at one of these locations. Staff realizes that the subject property
is in the vicinity of unzoned -unincorporated County where land use oversite does not
exist. However, we do not recognize this fact as precedent and controlling land use decision
making for surrounding areas which are in the City or may come into the City through
annexation . In addition, a clear line of delineation currently exists between the unincorporated
"commercial area" to the north and zoned residential area to the so uth of the roundabout.
The Comprehensive Plan uses the term "commercial creep" and the need to establish clear
edges of commercial development. "Commercial Creep" occurs when commercial
development begins to encroach into well-established neighborhoods which can begin a
domino effect. Many of the properties near the subject property share common residential
characteristics with the subject property. Rezoning's can set precedents for future rezoning
ZC 18.07 20451 County Road 13 -Dec. 3, 2018
5
requests. If this were to occur, this intersection and surrounding properties would be
transformed into a full commercial node not contemplated by the Comprehensive Plan thereby
weakening the effectiveness of the Plan. In addition, the size of subject property ( 2.8 acres)
creates an internal buffer from the commercial uses.
LANO USE LEGEND :
[=:l r .11c..,.
EJ
SYM BOL LEG END :
0
r
7
Article II Section C 1 e (2 )Goals and Intent of the City of Fairhope Zoning Ordinance:
The purpose and intent of R-2 is as follows: This district is intended as a medium density single family
urban residential district, with lots of moderate size. The R-A, R-1 and R-2 districts are intended for
only residential development.
Placing a B-4 zoning designation in the center of R-2 zoned property will not be consistent with the
Goals and Intent of the City of Fairhope Zoning Ordinance. It will introduce a commercial component
to an area that is predominately residentially zoned in the City Corporate Limits . There is a minor
amount of commercial located at the northwest corner of the intersection on unzoned property,
outside the Corporate Limits of Fairhope . A clear line of demarcation exists with the unzoned,
unincorporated commercial uses north of Fairhope Ave . and the incorporated resisdential zoned
established neighborhood south of Fairhope Avenue roundabout.
Allowed Uses for B-4 and R-2:
The allowed uses for B-4 are as follows:
Allowed by Right: Single Family; Mixed Used; Elementary and Secondary Schools, Educational Facility,
or Library; Public or Community Open Space; General or Professional Office; Boarding House or
Dormitory.
Permitted Subiect to special conditions listed in the ordinance: Townhouse; Accessory Dwelling;
Home Occupation ; Personal Storage.
ZC 18 .07 20451 County Road 13 -Dec. 3, 2018
6
Permitted only on appeal and subject to special Condition: Hospital, Convalescent or Nursing
Home, Outdoor Recreational Facility, Day Care, Mortuary or Funeral Home, Limited
Manufacturing.
The allowed uses for R-2 are as follows:
Allowed by Right: Single Family; Elementary and Seco ndary Schools, Educational Facility; or
Library; Public or Community Open Space
Permitted Subject to special conditions listed in the ordinance: Cemetary, Community Center
or Club, Public Utility; Convalescent or Nursing Home; Clinic; Outdoor Recreational Facility; Day
Care.
Permitted only on appeal and subject to special Condition: None
Article II Section C 1 e (3) The character of the surrounding properties: The subject property is
bordered to the north by unzoned property, to the east by R-1 zoned property, and to the
so uth and west by R-2 zoned property. Properties outside of the immediately adjacent areas,
but within the 1320-foot buffer include properties zoned R-A (Residential/ Agricultural Di strict),
PUD (Planned Unit Development-a medical office use and residential), and R-6 ( Mobile Home
Park District). The predominate character of the neighborhood is residential. There is a small
amount of commercial (storage units and a gas station) to the north (located on unzoned
property) of the subject parcels.
Article II Section C 1 e (4 )Adequacy of public infrastructure to support the proposed
development: Gas, water, and electric service is available at this location . During the internal
utility review of the site, Mr. Richard Peterson PE, Operations Director, mentioned sewer may
be an issue for the su bject property. There is a 2"force main sewer on the east side of County
Road 13. Mr. Peterson said that the site will most likely need sewer and if so, this may require
additional costs and, therefore, aid to construction cha rges may also apply.
Article II Section C 1 e (5 ) Natural Resources: The property ha s been developed as residential,
however, the Building Official, Mr. Erik Cortinas reviewed the USDA Web Soils Web site, which
indicated that approximately 35% of the site may consist of Bibb Soils (a possible indicator of
wetlands. Should the property be approved for re-zoning to B-4 and the site re-de ve loped for
commercial, then a full wetland delineation will be required for the site re-development.
There is a great deal of drainage that moves across the property. Staff ha s some concern with
regards to potential site development due to the current lake on the property. Re-development
of the property may be highly expensive as the lake may require filling depending on the
percent of lot coverage of re-development.
Article II Section C 1 e (6 ) Compliance with other laws and regulations. The City has a
wetland ordinance and an erosion control ordinance which applies w ithin the police
jurisdiction. This property falls within the police and permit jurisdictions of the City of Fairhope .
ZC 18.07 20451 County Road 13 -Dec. 3, 2018
7
If the site were re -zoned t o B-4 and re-developed, the wetland 's ordinance and erosion control
ordinance will apply.
Article II Section C 1 e (7 ) Compliance with other applicable laws and regulations of other
jurisdictions: The subject property is located within the City of Fairhope Planning and Police
Jurisdictions and will have to comply with applicable regulations within those jurisdictions.
Article II Section C 1 e (8 & 9) Impacts on adjacent and neighboring properties including noise,
traffic, visible intrusions, potential physical impacts, and property values: Staff has concerns
that to introduce commercial at this location will introduce commercial creep increasing noise
and traffic to this intersection and the surrounding adjacent property and neighborhoods .
Dimension Standards:
The allowed building height for both R-2 and B-4 zoning is 30 feet .
The R-2 Area and Dimension Standards are as follows :
Dimension Min. Lot Area/ Mi n.Lot Setbacks
District or Allowed Units Per W id th Fro nt Rear S ide
use A cre (UPA)
R-2 10,500 s.f./ -75 1 35' 35' 10' b
Max . total lot
Street coverage by
s ide principl e
structure
20' 37%
The request for rezoning is for B-4 which has the following area and dimension standards:
Dimension Min. Lot Area/ Min. Lot Setbacks Max. total lot
District or A llowed Units Per Width Front Rear Side Street coverage by
use Acre (UPA) sid e principle
stru cture
B-4 None/ -none 20' 20' 10'
Max.
heig ht
30' •
Max.
hei ght
30' I
Staff believes it is important to note that 8-4 zoning designation does not have a total maximum lot
coverage by the principal structure, which means the entire site up to the building setbacks could be
utilized for building and potential parking. There is a significant amount of storm water moving
through this area .
Traffic: The applicant has not provided any information regarding traffic as a part of this application,
except that the installed traffic circle has presented traffic issues getting out of his current driveway.
The Public Works Director, Mr. Richard Johnson , PE, did mention in the City of Fairhope internal Utility
Review Meeting, that if the application were approved, any curb cuts would need to be made as far to
the southeast and north west from the corner as possible .
Compatibility Analysis: A full compatibility analysis has not been performed on the rezoning as the
applicant is proposing a commercial use situated in a residentially zoned neighborhood . Below is the
defined buffer at 1320 feet from the perimeter of the subject parcels .
ZC 18.07 20451 County Road 13 -Dec. 3, 2018
8
SF : Existing Single Family
Residence
J HJ I U
Buffer Zone of 1320 feet outside the perimeter of the subject parcel.
~,
1 1-1 ...... 1--,,;:i.,,.,
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As is evident from the buffer, the property to the north of Fairhope Avenue is predominately unzoned,
while the property to the south of Fairhope Avenue is residentially zoned with Rl, R-2 and R-A. Staff
has provided an aerial view of the property north of Fairhope Avenue . As is shown in the aerial
provided below, the property north of the subject property is currently being used as residential as
well, with the exception of the gasoline station at the corner of Highway 13 and Fairhope Avenue
(which does not show on the aerial) and the Personal Storage Facility/ Office facility situated slightly
north of the gasoline station. Both of these properties are unzoned and commercial use is allowed in
unzoned property. If the r e-zoning were to be approved, it would be introducing commercial use into
the area south of Fairhope Avenue which is an area that has been developed with residential zoning
within the Corporate Limits of Fairhope. There is a clear line of demarcation between unzoned
unincorporated commercial uses and the established residential neighborhood south of Fairhope
Avenue .
ZC 18.07 20451 County Road 13 -Dec . 3, 2018
Aerial of propert ies to the north of Fairhope Avenue
Aerial of properties south of Fairhope Avenue
9 ZC 18.07 20451 County Road 13 -Dec. 3, 2018
10
Site Plan : Review of (preliminary) site plans accompanying a zoning map amendment shall be
reviewed according to the zoning amendment procedures. The rezoning application submitted by Mr.
Fogel did not have a specific site plan . (Final) site plans that do not accompany a zoning map
amendment shall be reviewed according to Article II Section C 2 . Site plan approval is required when
any commercial building(s) located in a business-zoning district (industrial zoning excluded) or in the
CBD overlay:
(I ) 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 ahd Zoning Commission for approval.
Recommendation:
Based on the criteria in Article II Section C.1. e, staff does not support the requested re-zoning
due to the application being inconsi stent with the City of Fairhope Comprehensive Plan and the
incompatibility with the existing residential neighborhood.
Staff recommends denial of the proposed re-zoning application.
ZC 18.07 20451 County Road 13 -Dec. 3, 2018
Page 4 of 6
APPLICATION FOR ZONING DISTRICT CHANGE
, l.1 Property Owner / Leaseholder Information 1 ( /
Name: fVl; .11,.e_ hJ O I<::.--Phone ijumber: 2 iJ S -'75) -Z b
Street Address: 2.o 'f '5' I 6 , fZcJ . I 3
City: ro--\ State: /} L Zip: 3 (, S 3 z.__
Applicant / Agent Information
If different from above.
Notarized letter from p roperty owner is required if an agent is used for representation.
Name: ____________ Phone Number:
Street Address:
City: __________ State: ___ Zip:
Current Zoning of Property: _ __,_(Z----'------__,,,)_.._~.,...._--------------
Proposed Zoning/Use of the Property: _13-'------f+---------------
Property Address: z...~ 'f S l C9 ~ wt-'¥-R-_J I 3 2
Parcel Number: OS ~4(, -OS-, Tl --n .,.-009 ~ 0 ~ i-5 • .'.S \(Q 7{
Property Legal Description: (--f J_
Reason for Zoning Change: <r-o.....PF •· c--H c....,~a._
Property Map Attached
Metes and Bounds Description Attached
Names and Address of all Real Property Owners
within 300 Feet of Above Described Property Attached.
NO
NO
NO
Character of Improvements to the Property and Approximate Construction Date: ____ _
Zoning Fee Calculation:
Reference: Ordinance 1269
1 certify that I am the property owner /leaseholder of the above described property and hereby
submit this application to the City for review .. *If property is owned by Fairhope Single Tax
Corp . an authorized Single Tax representative shall sign this application.
ut,·ke: ~ le--
Property Owner /seholder Printed Name
e--i 7 ~ te
Date m ~@~EW ~ JUL 2 4 1018
BY:.~ ......... .
Project Name:
51 South Church Street
Project Type:
Rezoning:
B-1 Local Shopping District
to
B-2 General Business District
Jurisdiction:
Fairhope Municipal Limits
PPIN Number:
15272
General Location:
1
Southeast corner of South
Church Street and De La Mare
Street
Engineer:
S.E. Civil Engineering
Applicant:
JFL Holdings, LLC.
Report Prepared By:
Wayne Dyess, AICP
Planning Director
Recommendation:
Approve as requested.
"
Planning Commission
December 3, 2018
Zoning Change
Case: ZC 18.14 51 S. Church Street
51 South Church
Legend
...... s'"ti,ectP.,roet
CITY OF FAIRHOPE ZONING
r. Zoning
~~ TR i01.lfdl Re,on
-R.J..RttiCt nna11-'¼JnwttureDacna
R-1 LowOensiy S1'19l e.famly
RHa J
R l {CI
R-2 IJ ed-11m D1n,ityS11;te-f am 1ly
R-:J ft1Qn0 et\StyS1n;1t-F.,mly
R-3 PGH Pat1oJG1tCtn S119'1 Fam ily
CJ R-l Tii To,•.nh01.1se Sngie Famiy
-R..4 LowOen11()'1J11tr .F am11'f
R-S H.gh Oensty Ov.ctr.c R1Md1nb111l
R-6 UcbJe Kome Po1; Ostna
-5.1 laco!Snopo,n 9O,s.t110.
B-2 Gener1l Busnu o Ol!itn d
-9-Ja Touns: Res011 lcd9n; DIStJl a
-5--J b Tout1ti ResortCcmme1O11S ervaDe1tnd'
ZC 18 .14 51 S. Chruch Street -Dec. 3, 2018
Summary of Request:
The applicant is requesting to rezone a lot SS'x135' from B-1 Local Shopping District to B-2 General Business
District. The applications stated purpose is to make the properties zoning more consistent with the
surrounding zoning. The subject property is also located in the Central Business District and are subject to
CBD regulations.
According to the Fairhope Zoning Ordinance, the purpose of the B-1 is as follows:
B-1 Local Shopping District: This district is intended to provide for limited retail convenience goods and
personal service establishments in residential neighborhoods and to encourage the concentration of these
uses in one (1) location for each residential neighborhood rather than in scattered sites occupied by
individual shops throughout a neighborhood. Restaurants in the 8-1 zoning district may be permitted only
on appeal to the Board of Adjustments and may be subject to special conditions. Drive thru restaurants
shall not be permitted in the 8-1 zoning district.
The purpose of the requested B-2 is :
B-2 General Business District: This district is intended to provide opportunity for activities causing noise
and heavy traffic, not considered compatible in the more restrictive business district. These uses also serve
a regional as well as a local market and require location in proximity to major transportation routes.
Recreational vehicle parks, very light production and processing activities are included.
The applicant stated in a meeting with staff that intended development goal for the property was to allow
the historic home to remain as is but to allow for a restaurant/Bar use in the structure. Therefore, the
exterior and historical character would be unchanged with only interior renovations and a change in use .
The current B-1 zoning only allows a restaurant through an appeal to the Zoning Board of Adjustments. A
Bar (primary use} is not allowed in B-1 under any circumstances . A Restaurant with an accessory Bar is
allowed in the B-2 district by-right. An "accessory bar" is considered part of a restaurant use 1 . A Bar
(primary use} is defined as "a business serving alcoholic beverages, which may include accessory food and
entertainment services 2 ."
Zoning History of Nearby Properties:
The image below is taken from the City of Fairhope online Map viewer.
2
1 Fairhope Zoning Ordinance, Article IX . B. Definitions. Page 90
2 Fairhope Zoning Ordinance, Article IX. B. Definitions . Page 90
ZC 18.14 51 S. Chruch Street -Dec. 3, 2018
3
I I I I
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I
51 South Church
Street
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As indicated in the map above, the subject property is currently zoned B-1. It represents the
northernmost property in a series of B-1 zonings along South Church Street. The properties North,
East, and West are zoned B-2 and are also within the CBD boundaries . On the west, the B-2 district
extends south to St. James Avenue. The logical boundary for B-2 would extend south to St. James
Avenue which represents the subject parcel and 2 other parcels.
Current Conditions:
The historic use of the subject property has been in residential in the former name of Church Street
Inn.
ZC 18 .14 51 S. Chruch Street -Dec. 3, 2018
4
0
The home on the subject property contains a Historic Plaque from the Baldwin County Historical
Development Commission. In addition, the City conducted a historic survey for Downtown Fairhope .
The home on the subject property was identified as a historic property (see below}. The home on the
property and was constructed circa 1923. The structure is listed as "contributing" which means any
building, object, or structure which adds to the historical integrity or architectural qualities that make
the historic district, listed locally or federally, significant.
ZC 18.14 51 S. Chruch Street -Dec. 3, 2018
5
DOWNTOWN FAIRHOPE H ISTORIC DISTR ICT
HISTORIC SITES SURVEY UPDATE FORM
Site N umber: 12
Historic Name: Irwin-Sand oz-Jones Hou se
Common Name:
Actual Address: 51 Church St. S.
City/Town: Fairhope County : Baldwin
Year Built: 1923 ca. Alteration Dates:
Current Condition: good Integrity: good
Date Evaluated: 11/22/2014 Evaluated By: David B. Schneider
Quadra ngle: Daphne
Inventory Descr iption from Prior Survey or National Register Nomination Contributing/Noncontributing: Contributing
12. Irwin-Sandoz-J ones House (Church Street Inn), 51 South Church Street, c. 1923. One-and-a-half-storey airplane bungalow,
stuccoed; dominant side-gabled roof with nearly fu ll-facade projecting open-gab led porch on brick piers and parapet wall, canvas
awning across fron t Wood casement windows. Side-gabled cockpit fronted by smaller casements, exposed ratter tails. High b rick
end-exposed chimney, cast si d e. More recent double garage/utility building to rear facing Delamar. Originally the home o f the J.S.
lrwins, in the Sandoz family in the 1940s and '50s: at one time also the home of Carl Bloxham (see #50 below), an d still in his
stepdaughter Becky Jones' family and operated bj' them as an inn . Old garage recent ly (2003) converted to a residential
apartment C (Roll 1, #23 ; garage Roll 3 , #32; garage update Roll 8, #3A))
Updated Information, This Study Sort: Unchang ed
No cha nge in description or evaluation .
46-03-37-0-006-043.503; 51 Church St. S
~• ,·\", SCHNEIDER Historic Preserva tion, LLC
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Contributing/Noncontri buting: Contributing
ZC 18.14 51 S. Chruch Street -Dec . 3, 2018
6
Di strict As Li sted in 2006
51 South Church
Street
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Comments:
Fairhope Zoning Ordinance
Article 11.C{e).
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Criteria -The application shall be reviewed based on the following criteria:
{1} Compliance with the Comprehensive Plan;
Response:
KfY:
-Conuibulins D Nonon1tibullnc
-Dislrfct Bound,ny
' " R1.'c:'Onn.ti.)s.1ncc 5u1vt>y ~l'iOUrce
SCHNE I DER His toric Preserv atio n, LLC
4 11 Ea;6th51H'ft,,~,Ul&207 •1'hone (?S6) ]10-6320
fac(ll4)lU•S6l l •IH!iail:a:.i.:~u
Historic Architecture and preservation was discussed in the Comprehensive Plan. It is clear that
maintaining the historic resources within the City are important but also critically important in the
identity and culture of downtown.
In the 2006 Comprehensive Plan Update, Planning Goal 3.2 preservation and restoration of historic
buildings "architecturally or historically significant buildings, districts, areas, and landmarks3". The
applicant has stated that he does not intend to remove or alter the historic appearance of the home
but wishes to change the use through internal modifications.
However, to date, the City has not created a historic district or guidelines protecting historic structures.
{2} Compliance with the standards, goals, and intent of this ordinance;
Response:
The proposed B-2 district is consistent with surrounding uses and zoning. In addition, the property is
located within the Central Business District (CBD) boundaries. According to the Zoning Ordinance, the
intent of the CBD is "to preserve downtown Fairhope as the "Regional Village Center" and focal point
for the City. The CBD overlay shall provide an environment for shopping, restaurant and
entertainment, cultural and artistic institutions, offices, governmental functions, and residential uses".
Therefore, the proposed use is consistent with the CBD intent of uses .
3 2006 Fairhope Comprehensive Plan, Page 13
ZC 18 .14 51 S. Chruch Street -Dec. 3, 2018
7
(3) The character of the surrounding property, including any pending development activity;
Response:
The character of the surrounding area is primarily retail and restaurant use which are typical in the
CBD. The properties zoned B-1 which adjoin the subject property to the south include 1 residential and
several retail and office uses.
(4) Adequacy of public infrastructure to support the proposed development;
Response:
Utilities currently serve the site and adequate for future uses.
(5) Impacts on natural resources, including existing conditions and ongoing post-development
conditions;
Response:
The site property contains an historic structure (1923) and has been a disturbed site .
(6) Compliance with other laws and regulations of the City;
Response:
At the time of development all applicable laws of the City will be applied.
(7) Compliance with other applicable laws and regulations of other jurisdictions;
Response:
At the time of development all applicable laws of the City will be applied.
(8) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical
impacts, and property values; and,
Response:
As stated previously, the site contains existing structures. The majority of the existing properties are
retail or restaurant uses. Additionally, the subject property is in the CBD is intended to contain
restaurant and entertainment type uses.
(9) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
Response:
See above
Recommendation:
Staff would note that the subject property contains a historic structure as discussed in this report.
However, the City currently has no method or regulation for preservation of historic structures. These
structures are important to the character and the cultural fabric of the City and specifically downtown.
We do have concerns on the potential degradation of these resources. However, the absence of any
meaningful regulations limits such factors in this review.
Staff recommends that the requested rezoning from B-1 Local Shopping District to B-2 General
Business District be APPROVED.
ZC 18.14 51 S. Chruch Street -Dec. 3, 2018
Project Name:
76 S. Section St.
(Founders Square)
Property Owner /Applicant:
John Bethea, LLC
General Location:
The west side of Section St.
approximately 400' north of
the intersection of Morphy
Avenue and Section Street .
Project Type:
Modification to an approved
Site Plan of Founders Square
Case: SR 06.05
Project Acreage:
0.2 acres
1
Zoning District:
B-2 General Business District
(Inside CBD)
PPIN Number:
304740,304741, 304742,
304743, and 304744
Report prepared by:
Mike Jeffries, QCI
Planning Technician
Recommendation:
Approve with conditions
Planning Commission
December 3, 2018
Site Plan Approval
Case: SR 18.06 Founder's Square
Zon in g
R2
R3
BELLANOEE ST
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R4
B4
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SR 18.06 Founder's Square -Dec. 3, 2018
Sum m ary of Reques t :
The owner and app licant is John Bethea , on behalf of Be t hea, LLC wo r king with architect, Mike Lebatard on
the proposed project. This app lication is as a modification t o an existing Site Plan (Founders Squa r e)
original ly developed by Mike Bernhardt, approved by the Planning Commission Decembe r 4, 2006, and
approved by the City Council January 22 , 2007. The ori gina l development wa s th r ee phases . Pha se I and
Phase II were completed. Phase Il l had the infrastruct ure i nstal l ed but noth in g fu rt her. The requested
mod ificat ions are to t he i ncomplete Pha se Ill and ar e considered substan t ial and exceed those whi ch could
be approved administratively pursuant to Fairhope's Zoning Ordinance Article 11.C.2 .f . Therefore, this Site
Plan modification is being presented fo r approval , pu r suant the original procedure required by Fairhope 's
Zoning Ordinance Article 11.C.2 . The Planning Commis sio n will review and m ake a recommendat ion to the
City Counci l who wi l l make the fina l approval decis ion .
SR 06.05 Previously Approved
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SR 18.06 Fo under's Sq uare -Dec. 3, 20 18
R 18.06 Proposed ,
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The site is located on the west side of South Section Street approximately 400' north of the intersection of
Morphy Avenue and Section Street. The site consists of two lots with a total of 0.2 acres. The proposed
height of the building is 32.5' which is 7.5' shorter than what is allowed . The initial Site Plan for Founders
Square that received final approval by the City Council on January 22, 2007 was a three phased project. The
first two phases were constructed, and this is the property dedicated for Phase 3. The approved Phase 3
consisted of 5 lots with 4 of the lots having 1 building each. Each building had 1 residential unit, 1
commercial unit, and 2 parking spaces . The fifth lot was used for common area to access the other phases
from Section Street.
The proposed amendment would allow for the development of two buildings which mirror each other. They
are two stories with a breezeway on the second floor connecting the buildings. They are separated by a
common wall and do not have direct access to each other. Each building contains 3 units. The bottom floors
will each have two commercial units. The second floors each have one residential unit. The common area
will remain connecting the first two phases to Section Street between the buildings.
Comments:
The applicant has re-platted the property, so the development will not encroach on any property boundaries
in leu of the fact that he is the sole owner of all them. Erik Cortinas Fairhope's Building Official was consulted
in regard to the common wall and the regulations for fire rating were discussed and will be followed. There
is a possibility that the common wall could contain a door with the appropriate fire rating to allow for access
and connectivity between the two second floor units if necessary. Utilities are established on site from the
previous development.
3 SR 18 .06 Founder's Square -Dec . 3, 2018
This development has the same proposed use and general configuration as the previously approved Site
Plan. The most significant change is the reduction of the number of residential un it s from 4 to 2 and the
number of parking spaces from 8 to 2. The 8 spaces from the original Site Plan was double from what was
required and the 2 spaces proposed meet the parking requirements.
Recommendation:
Approve with the following conditions:
1. A hold harmless agreement shall be signed and recorded for the balcony overhang onto city property.
2. The balcony must contain lighting for the sidewalk.
3 . The sidewalk width shall be a minimum of 8 feet per Fairhope's Zoning Ordinance Article V.B.4.e.
4 SR 18.06 Founder's Square -Dec. 3, 2018
Application Type :
APPLICATION FOR SITE PLAN APPROVAL
~itePlan
Attachments: D Articles of Incorporation or List al! associated investors
Date of Application : _______ _
Property Owner / Leaseholder Information
Name of Property Owner: .JD h:N 8BflfGA Phone Number: 7 °1-072,,q
Address of Property Owner: -~'?i=~-=&=&'-'h~V>:t~_sf:-·~< -------~~--
City: • · i Ml State: A-{14-Zip: "-?&~Z--
Proposed Site Plan Name:
Site Acreage: Sq. Footage: ~5~Z~CP=-CJ ____ _
Parcel No: _____________ Current Zoning: __ /3_2 _____ _
Authorized Agent Information
Name of Authorized Agent: Jdtu.; /J,Gf"t/£4-Phone Number:
Address: 3oa-r-rtl1r"-l)tH &V
City: FArrnoJJv ~~!!ate: lblf Zip:
Con tact Person: ' J;; f.w fl._~
Engineer/ Architect Information __ _
Name of Firm: /t/ 1 k'€ 1,-,..t::.fuftfy-rcl Phone Number: JJR -3½f -:itJ fCJ
Address: ;J./J:F'i !Jfute-t;{ Blvd
City: l3 ? ¾-cDX /
Contact Person: M: ~
Zip: 39 53 /
I certify that I am the property owner /leaseholder of the above described property and hereby
submit this site plan to the City for review . *lf property is owned by Fairhope Single Tax Corp.
an jthorized Single Tax ,epresentative shall sign this a~
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Property Owner/Leaseholder Printed Name Signa r
q /2-r /I~ b£U £d
Date ' • Fairhope Single Tax Corp. (If Applicable)
SECTION STREET
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ELEVATIONS
MEMO
Date: November 28, 2018
To: City of Fairhope Planning Commission
From: Wayne Dyess, AICP, Planning Director
Re: ZC 18.15 Amendment to Table of Permitted Uses – Public Utility
The City of Fairhope Zoning Ordinance contains Use Table 3‐1 in Article III.B. This table
represents permitted uses in each zoning district.
Under the Civic Use category is Public Utility uses. A Public Utility is defined in the ordinance in
Article IX.B. as:
“a use of any structure, land, or infrastructure by a regulated enterprise or franchise to
provide a service to all members of the general public that is deemed essential for the
public health, safety, and welfare. Review by the Planning Commission, in accordance
with Section 11‐52‐11 of the Code of Alabama, for review of compliance with the
Fairhope Subdivision Regulations and Comprehensive Plan, may be required for all public
utility facilities.”
A Public Utility is currently only allowed on appeal in 15 of the 19 Zoning Districts. The
Operations Director for the Fairhope Utilities has requested an amendment to the Use Table to
allow utilities, on appeal, in every zoning district.
The effect of this amendment would be to allow an appeal, in every district, to place public
utilities i.e. lift station, substation etc. in every district subject to review by the Zoning Board of
Adjustments (ZBA). Appeals reviewed by the ZBA are reviewed against the following criteria:
Article II.C.3.E(2)
(a) Compliance with the Comprehensive Plan;
(b) Compliance with any other approved planning document;
(c) Compliance with the standards, goals, and intent of this ordinance;
(d) The character of the surrounding property, including any pending development
activity;
(e) Adequacy of public infrastructure to support the proposed development;
(f) Impacts on natural resources, including existing conditions and ongoing post‐
development conditions;
(g) Compliance with other laws and regulations of the City;
(h) Compliance with other applicable laws and regulations of other jurisdictions;
(i) Impacts on adjacent property including noise, traffic, visible intrusions, potential
physical impacts, and property values;
(j) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions,
potential physical impacts, and property values.
(k) Overall benefit to the community;
(l) Compliance with sound planning principles;
(m) Compliance with the terms and conditions of any zoning approval; and
(n) Any other matter relating to the health, safety, and welfare of the community.
Recommendation:
Staff recommends to amend Use Table 3‐1 to allow public utilities, by appeal, in every district.