HomeMy WebLinkAbout03-12-2019 Planning Commission Agenda PacketKarin Wilson
MqJ'Df
Council ,lfi•mb,rs
Kevin G. Booue
Robert A. Brown
Jack Burrell, ACMO
Jimmy Conyers
Jay Robinson
l.isa A. Hanks, MMC
Ci()r C/erk
Michael V. Hinson, CPA
City Treasurer
161 North Secti on Street
P 0. Drawer 429
Fai rhope, Alabama 36533
25 1-928-2 136
25 1-928-6776 fax
ww1v.fairhopeal.gov
Pmuc.,l l.)rl tf(''Clt.'il JMJJ,J
1. Call to Order
2. Approval of Minutes
City of Fairhope
Planning Commission Agenda
5:00 PM
Council Chambers
March 12, 2019
• January 7, 2019
• February 4, 2019
3. Consideration of Agenda Items:
A. SD 19.11
B. ZC 19.04
Public hearing to consider the request of Montrose Properties,
Inc. for Final plat approval of Fox Hollow, Phase 2, a 59-lot
subdivision. The property is on the south side of Morphy
Avenue, between County Road 13 and Thompson Hall Road.
PPIN #: 243119
Public hearing to consider the request of The Teachers'
Retirement Systems of Alabama to establish initial zoning of
Tourist Resort (TR) District conditional upon annexation into
the City of Fairhope. The property is approximately 99.15
acres located south of Twin Beech Road and west of S.
Section Street.
PPIN#:5499,20948,63314,286294
C. SD 19.12 Public hearing to consider the request of The Teachers'
Retirement Systems of Alabama for Preliminary Plat approval
of Battles Trace, Phase 6, a 45-lot subdivision. The property
is located on the west side of S. Section Street approximately
½ mile north of Battles Road.
PPIN #: 20948 and 63314
D. SD 19.13 Public hearing to consider the request of The Teacher's
Retirement Systems of Alabama for Preliminary Plat approval
of Polo Place, a 3-lot subdivision. The property is located on
the north side of Polo Ridge Blvd. just west of S. Section
Street.
E. SD 19.14
PPIN #: 25387
Public hearing to consider the request of Magnolia/Church,
LLC for plat approval of Magnolia and Church Square, a 4-lot
minor subdivision. The project is located on the northeast
corner of the intersection of Magnolia Avenue and Church
Street.
PPIN #: 15164
F. UR 19.03 Request of AT&T for an 11.52.11 Utility Review and approval
of the proposed installation of approximately 2,608 linear foot
of aerial fiber optic cable. The project will run along the
south side of Volanta Avenue from Section Street to Sarge
Turner Road.
G. UR 19.04 Request of AT&T for an 11.52.11 Utility Review and approval
of the proposed installation of approximately 4,101 linear foot
of underground fiber optic cable. The project will run along
the south side of Spring Run Dr. from Boothe Rd. to S.
Greeno Rd., the south side of Middle St. from S. Greeno Rd .
to S. Ingleside St., and the east side of S. Ingleside St.
H. UR 19.05 Request of AT&T for an 11.52.11 Utility Review and approval
of the proposed installation of approximately 2,746 linear foot
of underground fiber optic cable. The project will run along
the east side of N. Ingleside St. from Fairhope Ave. to Gayfer
Ave.
I. UR 19.06 Request of AT&T for an 11.52.11 Utility Review and approval
of the proposed installation of approximately 5,769 linear foot
of underground and 9,117 linear foot of aerial fiber optic
cable. The project will run along Blue Island St., Marca Ct.,
Gayfer Ave., Myrtle St., Youpon Ave., Jasmine Ave., Olive
Ave., Cedar Ave., Greenwood Ave., Audubon Pl., N. Ingleside
St., Evergreen St., and Lillian Circle.
J. UR 19.07 Request of AT&T for an 11.52.11 Utility Review and approval
of the proposed installation of approximately 9,300 linear foot
of underground fiber optic cable . The project will run along
portions of Fels Avenue, Liberty Street, Orange Avenue, and
S. Mobile Street.
K. IR 19.01 Request of Chason & Earl Real Estate, on behalf of Glenda
Gravlee, for an Informal Review of a proposed 3-lot division
of Lot 4, Bay Echo subdivision. The property is located at the
south end of N. Mobile Street and Davis Drive.
PPIN #: 46899
4. Old/New Business
• Discussion for proposed amendments for allowable uses in M-1 Light
Industrial District.
• Discussion for proposed amendment for waterfront lots and lot definitions .
5. Adjourn
Summary of Request:
Public hearing to consider the request of Hutchinson, Moore, & Ra ugh, LLC {HM R) on behalf of Montrose Properties
for a request for final plat approval of Fox Hollow Phase 2, a 59-lot major subdivision . Subject property is located
immediately south of the existing Fox Hollow Phase 1 subdivision along Morphy Avenue, approximately 1/10 mile east
of County Road 13 within the City of Fairhope Corporate Limits. Subject property consists of approximately 24.25
acres, with a smallest lot of size 0.26 acres and a largest lot size of 0.39 acres. Mr. Tim Lawley, PE of HMR serves as the
engineer of record (EOR) for subject application .
Comments:
REQUEST FOR FINAL PLAT APPROVAL
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 remaining 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. Any items initially marked "revise and resubmit"
have been cured by the notations in blue text, which may include conditions of approval. All Article, Section, and
Paragraph numbers identified are references to the City of Fairhope Subdivision Regulations unless otherwise
identified .
Final Plat Submission Requirements
Article IV, Section D.3. Staff Review
3. Staff Review -Applicants for a final plat shall first submit the final plat and plans to the Planning Director and /o r
his/her authorized agent for staffs review. The Director shall determine if the submittals meet all of the
requirements of Section D.l., above. Incomplete, pa,tial , or inaccurate subrnittals 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 make a fonnal application for submittal to
and review by the Planning Commission.
□N IA I IZI Accepted with comments I □Revise and Resubmit per comments
Cross Reference : Article JV, Section.D. l .b. (19) Final Plat and Final Plans
Comments: See comment~· in sections below for technical review.
Article IV. Se ction.D. I .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 determination of the City's General
Superintendent that all required improvements have been installed to the City's requirements .
□N I A I IZI Accepted with comments I □Revise and Resubmit per comments
Comments: Maintenance Bond# GSM 15429 included with applition. All improvements, including grading &
drainage, roadways, water system, sewer system (including the sewer lift station) are identified in the
maintenance bond agreement and shall be covered.for a 2-year period beginning 011 the date of execution of tlte
maintenance bond agreement as required by Chapter 19 oftlte Fairhope Code of Ordinances. Maintenance and
Guaranty Agreement is included for ji,11 execution by tlte Mayor and City Clerk. Bond amount is $329,888.48
(30% of tlte E11Id11eer of Record's cost estimate of $1,099,628.25).
Article JV, Section.D. l. b. (3) Final Plat and Final Plans showing all infonnation required by and meeting
2
requirements of Article rv ., Section C. l . and the following additional information :
(3) Storm water culve1is and appu1tenances, their sizes and locations.
□NIA I IZIAccepted with comments I O Revise and Resubmit per comments
Comments: Drainaf(e structure and pipe schedule included 011 drawinf( 2 of 14 of the as-built plans.
Article IV, Section.D.l .b.(4) Final Plat and Final Plans showing all infonnation required by and meeting
requirements of Alticle IV., Section C. l . and the following additional information :
(4) Street Tree Plan shall be submitted showing the location of all planted street trees.
□NIA I IZI Accepted with comments I □Revise and Resubmit per comments
SD 19 .11 Fox Hollow, Phase 2 -March 12 , 2019
Comments: A subdivision bond agreement is included stating the developer intends to install 160, 15-gallon street
trees. See Article VI, Section L. for additional comments related to the subdivision performance bond related to
street trees.
Article JV, Se c tion.D.1 .b. (7) Final P lat and Final Plans showing all information required by and meeting
requirements of Article rv., Section C.1. and the fo ll owing additio na l information:
(7) Delineation on plans or plat of clear sight triangles as required by Article V , Section D. 5. b . (5).
ON/A I □Accepted with comments I [gjRevise aud Resubmit per comments
Cross Reference: Article V., Section D.5.b.(5).
Comments: P/e(l.'ie revise tile appropriate plans to reflect this requirement. Though street trees are 1101 yet
furnished mu/ installed and will he installed during the 2-year bond period, reflecting the clear site tria11gle
required by the design speed of the development 011 the various plans will allow tlte street trees to be planted
assuring clear site tricmgle.5. Sheet 14 of 14 has been revised to include 150' sight triangles based upon a 25'
design speed for the streets within the development.
Article IV, S ection.D. l .b. (8) Final Plat and Final Plans showing all infonnation required by and meeting
requirements of Article rv ., Sect ion C.1 . and the fo ll owing additiona l information:
(8) Owner and Lien-Holders Ce1tificates of Dedications for Streets or other public use.
ON/A I [g]Accepted wit h comments I □Revise and Resubmit per comments
Comments: A certificate of owners/tip and dedication is included with the plat 011 a standalone title page for all
required certificates a11d sif(1wtures.
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. I. and the following additional information:
(9) Where streets stubs are provided , said stubs sh all provide access to abutting prope1ties. The applicant shall
include a note on the plat providing notice that said stub shall provide future access to abutting prope1iies .
ON/ A with comments I [gjAccepted with comments I D Revise and Resubmit per comments
Comments: General Surveyor's note #14 reflects non-connected stub streets.
Article IV. Section.D.l .b.(J I ) Final Plat and Fina l Plans showing all information required by and meeting
requirements of Article fV ., Section C. I. and the fol lowing additional information:
(11) Surveyor 's Ce1tificate on Plat, Engineer 's Seal and Cettificate on Plans .
ON/A I □Accepted I IZIRevise and Resubmit per comments
Comments: Surveyor's certificate is included 011 the plat, and the engineer's seal a11d stamp appear 011 the cover
page of the as-built plans. Please provide a follow-up copy of the as-builts plans witlt the engineer 's seal 011 each
page as well tu the engineer's certificate 011 the cover of the as-built plans. The as-built plans submitted with
the foUow-up correspondence package include in tbe engineer's seal and engineer's certificate as requested.
Article IV, S ection.D. l .b. (15) Final P lat and Final Plans showing all information required by and meeting
requirements of Article rv., Sect ion C. I. and the following additional information :
(15) Site data table box including but not limited to:
• Total acreage of site
• Acreage of co mm on area(s)
• Total number of lots
• Gross floor Area of Buildings
• Site Density
• Number of units or lots proposed.
ON/A I □Accepted I IZIRevise and Resubmit per comments
3 SD 19.11 Fox Hollow, Phase 2 -March 12, 2019
Comments: Please revise and resubmit the final plat to reflect the total
gree11space of the entire Fox Hollow Development so that complia11ce with the
10% greenspace requiremelll is reflected 011 tlte recorded plat for phase 2.
Further, i11clude the developr11e11t density of plwse 2 011 the site data table as
required by this section. The site data table has been revised to reflect a new
heading including the greenspace furnished for both phase 1 and phase 2.
6.3 acres of greenspace is required, and 9.02 acres is to be furnished. In
addition , the gross development density of 2 .43 units per acre is reflected in
the site data table.
~ TAX PARCEL NO.
<16 -05-22-0-000-00 I .087
TOTAl SITE AR(A • 24.25 M:R(ST (1,056,222 S.f,:t)
"TOTAL NU MBER Of LOTS • 59
SIJALLES T LO I -0.26 ACRCS± (11,299 s.r.±)
LARGEST LOT • 0.39 ACR£S± (17,16J S.F.z)
TOTAL COMMON ARCA -U 9 ACR(S± {60 ,265 S.F",~)
CiR EE:NSPACE• 0,64 ACRES± (2B,02J S,f.i )
TOTAL LINEAR FEET Of SlRE(T .,_ 4619,48 FEET
lQliJli!,
R-2 -~(t)IU~ ODISllY SH'ICl.£ f.Wll'Y
CITY Of fAl~HOPE
ZONING REOUIRQIENTS
• J S' REAR SElBACK
l ~' f"ROt-lJ SETBACK
10 ' SlOE SEla.-£:1<
20 ' SIDE STREET
MINIUUU LOT AACA 10 .500 5}' • .:t
75 ' MI NI MUM LOl WlD TH
Article IV, S ection.D. l.b. (16) Final Plat and Final Plans showing all information required by and meeting
requirements of A11icle IV . Section C. l. and the following additional information:
( 16) Digital or video image(s) with date and time stamp of sto1111 drains to ensure drainage structures are undamaged
and free of debris and sediment.
□N I A I □Accepted I IZ!Revise and Resubmit per comments
Comments: Storm sewer system illspection videos are missillgfrom the application -please.furnish via Jollow-11p
corresoo11dence. Furnished with the follow-up submittal as requested .
Article JV, S ection.D. l . b. (1 7) Final Plat and Final Plans showing al I information required by and meeting
requirements of A11icle IV., Section C. l. and the 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 documents running as a covenant
with the lands .
□NIA I □Accepted I IZIRevise and resubmit per comments
Cross Reference : Article V, Section F.3 .a .(3)
Comments: Please provide a cop y of the executed and recorded O&M Plan along with the city 's cop y of the
final plat once the final plat is recorded. Revise parag1·aph ''3" of the agreement to reflect a five year
inspection report cycle for drainage facilities. A new copy of the O&M plan and agreement was furnished
with the follow-up submittal , however the requested revision was not included in paragraph "3". As a
condition of approval, please revise paragraph "3" of the agreement to reflect a five year inspection report
cycle for drainage facilities and include a copy of the executed and recorded O&M Plan along with the city's
cooy of the final vlat once the final vlat is recorded.
Article JV, Sec tion.D . l.b. (18) Final Plat and Final Plans showing all information required by and meeting
requirements of A11icle IV., Section C.1. and the following additional information :
( l 8)The engineer shall perform the supervision of construction ; the final plat shall have the following engineer 's
certification:
4
·'ENGINEER'S CERTIFICATE'
"I the undersigned , a Registered Engineer in the State of Alabama holding Cet1ificate Number
___ ,, hereby certify that I have designed the within improvements in conformity with applicable
codes and laws and with the principals of good engineering practice. I further certify that I have
observed the construction of the within improvements , that the same confo1111S 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 Certificate Applies Plans which are certified consist of Page __
thru , each of which bears b seal and sionature."
SD 19 .11 Fox Hollow, Phase 2 -March 12, 2019
of more than 20 feet shall be provided with a turnaround having a roadway diameter of at least 80
feet and a right-of-way
Article V. Sec tion D. 3. e. Street Standards -Street Layout (Continued)
diameter of at least I 00 feet. At non-permanent dead-end street, provide a temporary turn-around
with at least a 70 ' diameter constructed with an all-weather surface.
(3) For street extensions serving four or fewer lots , no temporary turnaround is required.
( 4) All access streets to adjacent property that are not connected at the time of the improvements
shall be posted with a stop sign blank reading "Future Through Street." The sign shall be posted by
the Subdivider.
□N IA I □Accepted I IZ!Revise and Resubm it per comments
Comments: Future through .,;treet signs are 1101 in pluce as of 2/1/2019. As of February 22, 2019, future
throu2h street si2os have been installed.
Article V, Sec lion D. 3.f Street Standards -Street Lavout
a . Stre et 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 energy
costs of the lights and this responsibilitv shall be noted on the plat.
□N I A I □Accepted with comments I JZ! Revise and Resubmit
Cross Reference: Article IV, S ection C.J .b.(12 ) Street lighting plan
Comments: As of Friday, Febrlllll'.V 1, 2019 street lights are 1101 i11stal/ed. P/e(lse provide follow-up
docume11/(lfio11 verifying the aid-to-constructioll costs of the street lights has bee11 provided to Riviera Utilities.
This review m,·sumes streetlights to be i11stal/ed match the existing streetlights in Phase 1 of Fox Hollow
subdivision. As of February 22, 2019, street lights have been installed by Riviera Utilities. Further, a copy of
invoice number 2018-0006606 from Riviera Utilities for the street lights was included as follow-up
correspondence.
Article V, S ection 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 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 l 0 feet ;
(c) Tree species and tree placement shall be approved by the City Hotiiculturist;
(d) All trees shall be pruned so that no foliage , limbs or other obstructions exist between 2 ½ and 10 feet
from the adjacent street grade;
(e) ln areas where planting strips are optional and not provided , sidewalks ten feet or greater shall provide 4'
x 4 ' tree wells along the curb so that trees may be planted in conformance with these requirements.
□N I A I □Accepted with comments I IZ!Revise and Resubmit per comments
Comments: A subdivision performance bond agreement is included with the final.flat application. T/ze
subdivision performance bond agreement indicates 160, 15-ga/1011 street trees shall be installed within two (2)
calendar years of the date offi11(l/ plat approval as approved by t/ze Planning Commission. Though the
subdivision performance bond agreement is i11c/11ded, the bo!ld itself is missing from the final plat applicatio11.
Plea.-.efurni~•t, via follow-up correspo11de11ce, A subdivision performance bond in the amount of $242,750.00
(125% of the engineer's estimate of $194,200.00) via Western Surety was furnished as follow-up
correspondence.
6 SD 19.11 Fox Hollow, Phase 2 -March 12, 2019
Article V, Se c 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 flexibility to construct the sidewalks within 2 years of final
plat approval. A letter of credit guaranteeing the construction for 125 % of the engineer's estimate is required. At the
end of 2 years, all sidewalks shall 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 subdivision infrastructure is
constructed . The pedestrian area shall be designed according to the following minimum standards:
a. All streets supporting residential land uses shall have a minimum 5-foot wide sidewalk on each side of the
street with the back edge of the sidewalk being the edge of the right-of-way .
b. All streets suppo11ing public institutions and public facilities land uses shall include a minimum 5-foot wide
sidewalk and 8-foot wide planting strip on each side of the street.
c . All streets supporting non-residential land uses including commercial , office and mixed-use villages , shall
have:
(I) a minimum 15 ' wide sidewalk, with tree wells according to Article V ., SectionD.5.a.8.(e) on each
side of the street; or
(2) a minimum 10 ' wide sidewalk and minimum 6-foot wide planting strip on each side of the street.
d. Sidewalks shall include curb ramps meeting accessibility requirements of the Americans with Disabilities
act at all intersections and any non-grade driveway or land intersecting the sidewalk .
Article V, Section D.6. Street Standards -Pedestrian Area Design Standards (continued)
e . Sidewalks shall be constructed of a minimum 4 ' concrete surface meeting City construction standards.
Where applicable, sidewalk materials shall be used and constructed to encourage maximum tree
preservation .
f. Streets in rural and agricultural subdivisions meeting all requirements of At1icle V., Section D.7.c. and d . are
not required to provide sidewalks.
g. Where applicable , sidewalks shall be configured in a manner that provides for maximum tree preservation.
ON/A I □Accepted with comments I ~Revise and Resubmit per comments
Cross Reference : Article V. Sec tion D.5.a.8. (e) and D . 7.c and d.
Comme11ts: Please remove ge11eral note #12from the.final pint. Sidewalks shall be installed wit/tin two years of
final plat approval as i11c/11ded in the recitals of the subdivision bond agreement included with the final pint
applicatio11. Tltouglt the subdivision bo11d agreemelll wasfurnislted, the bond itself was 11otjim1islted -please
provide via follow-up correspondellce. A subdivision performance bond in the amount of $242 ,750.00 (125%
of the engineer's estimate of $194,200.00) via Western Surety was furnished as follow-up correspondence.
General note number 12 was removed as requested, and the general notes now number 13 in lieu of the
previous 14 .
Article VJ, Sec tion A. Construction Standards-General
The sub-divider shall be required to install , or construct improvements hereinafter described prior to having released
bond or other surety which guarantees the installation of such improvements. All improvements required shall be
constructed in conformity with these regulations and in conformity with Chapter 19 , Streets, Sidewalks, and Other
Public Ways , of the Code of Ordinances for the City of Fairhope, as amended . All improvements shall be designed
and sealed by a Project Engineer. The Project Engineer shall carry Errors and Omissions Insurance at a
minim um coverage of at least $1,000,000.
□N I A I □Accepted I IXIRevise and Resubmit per comments
Comments: Please provide ii certificate of insurance via follow-up correspondence. A certificate of insurance
with the City of Fairhope listed as a certificate holder was furnished as requested .
7 SD 19.11 Fox Hollow, Phase 2 -March 12, 2019
Article Vl, S ection C. Construction Standards-Curbs and Gutters
Curbs and gutters shall be installed on all streets within the planning jurisdiction of the City of Fairhope, except on
those streets which are eligible for the rural design standard expressed in Table 5.3 , Appendix A of these regulations.
On streets requiring curb and gutter, either val ley type or barTier type concrete curb and gutter which meets the
City's standards and specifications expressed in Chapter 19 of the Code of Ordinances, as amended sha ll be installed.
Curbs and gutters shall be designed a nd installed in accordance with good engineering practice. Face of curbs shall
be not less than six inches in height. Backfill behind curbs sha ll slope to the back of the curb for drainage . Markings
shall be added to the curb to indicate the location of water and sewer laterals.
□N I A I ~Accepted with comments I □Revise and Resubmit per comments
Cross Reference: Table 5 .3, Avvendix "A " City of Fairhope Subdivision Ref!,ulalions
Comments: Sewer mu/ water laterals are marked on the curbs as required. Staff reserves the right to request
additional lateral markers if anv laterals with missi112 markers are identified d11ril12 tlte bond period.
Article VI, S ection E. 6 . -8 . Construction Standards-Storm Water
6. Wa1i-anty after Comp letion -A ll facilities subject to acceptance for majntenance by the public shal l be warranted
for a period of two years after date of acceptance by the developer. A surety bond guaranteeing such maintenance
shall be a condition precedent to acceptance for maintenance by the governing body.
7. Applicability of General Law and Regulations -All plans and the Work shall fully confo1111 to all rules,
regulations, codes , laws, and ordinances which may reasonably apply thereto. In the event of conflict between
provisions , the most restrictive provision shall apply .
8. As-Built Drawings -A copy of the construction as-built drawings stamped by the engineer shall be submitted to
the Commission as verification that the project has been built in accordance with his or her design.
□NIA I I ~Accepted with comments I □Revise and Resubmit per comments
Cross Reference: City Code Se ction 19-2(!) Maint enance Bond
Comments: Maintenance Surety Bond# GSM 15429.from The Gray Casualty and Surety Company is included
with the final plat applition. All improvements, including grading & dminage, roadways, street signs, water
system, sewer system (including the sewer l(ft station) are identified in the maintenance bond agreement and shall
be covered.for a 2-year period beginning 011 the date of execution of the maintenance bond agreement as required
by Chapter 19 oftlte Fairhope Code o_f Ordinances. Bond amount is $329,888.48 (30% o_ftlte Engineer of
Record's cost estimate o_f improvements of $1,099,628.25). Please see the cover letter for i11Jormatio11 regarding u
punch list items obsen1ed by the A .~sb.talll Public Works Director mu/ Code E11forceme11t Officer. The Engineer
of Record (EOR) verified all punch list items have been completed , and further-clarified the storm water
detention ponds are dry ponds not requiring aerators.
Article VL Section G. Construction Standards-Fire Hydrants
Fire Hydrants s hall 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 supp ly and
pressure shall be adequate to provide fire protection and for the future needs of the development.
Blue reflective markers shal l be installed at the street line of streets to indicate the location of fire hydrants .
□N IA I J D Accepted with comments I igJ Revise and Resubmit per comments
Commeltts: Bille reflective fire hydram markers are missing i11 some locations througltout the development.
Pleaser verif.l• via follow-up correspondence all remai11ing reflectors have been i11stalled. As of February 22,
2019 , fire hydrant reflectors have been instaUed as required.
Article VL S ection H Construction Standards-Sanitary Sewerage
8
1. All subdivisions shall have sanitary sewer service . The sewer service shall be provided by either the Fairhope
Public Utilities or an approved sewer service.
2. All sanitary sewer systems constructed withi n a subdivision and all sanitary sewer systems constructed outside of
a subdivision but servicing a subdivision shall be constructed in accordance with those certain "Standard
Specifications for Constructing Sanitary Sewer Facilities and Water Facilities" which is on file at the
City of Fairhope Water & Sewer Depa,tment.
3. Individual sept ic tank type systems that have been approved by the Baldwin County Health Department and the
Fairho e Public Utilities Sewer De a1tm ent ma be utilized .
SD 19 .11 Fox Hollow, Phase 2 -March 12, 2019
11
Staff Recommendation:
Staff recommends APPROVAL of Case number SD 19.11 Fox Hollow Phase 2 final plat approval, subject to the
following conditions :
1) Article IV, Section.D .1.b.(17) Final Plat and Final Plans
a. Please revise paragraph "3 11 of the Storm Water Facility Maintenance Agreement to reflect a five
year inspection report cycle for drainage facilities and include a copy of the executed and
recorded O&M Plan along with the city's copy of the final plat once the final plat is recorded .
2) Article VI , Section H. Construction Standards -Sanitary Sewerage
a. The warranty period for the sewer lift station shall not commence until the lift station pumps
are re -i nstalled in the wet well to the satisfaction of the Fairhope Public Utilities Water and
Sewer Superintendent .
SD 19 .11 Fox Hollow, Phase 2 -March 12 , 2019
Summary of Request:
Public hearing to consider the reques t of The Ret i rement Systems of Alabama to establish initial zoning of
Tourist Resort (TR) District conditional upon annexation into the City of Fairhope . The property is
approximately 99.15 acres located south of Twin Beech Road and west of S. Section Street.
The property is owned by the Retirement Systems of Alabama and the authorized agent is Mr. Tim Lawley,
PE , of HMR Engineers. The property being conditionally annexed is approximately 99 .15 acres in size. The
app l icant is proposing this revision of the TR District Zoning Map to add the 99 .15 acres to the north of the
existing property in the TR District Zoning Map .
The current zoning map as it exists today (January 2019) and the proposed zoning map are both attached to
this staff report . The tota l acreages of each TR District Zoning for each map is as fol lows :
Current Map
LR 93.5 Acres
MR 19.5 Acres
HR 3.8 Acres
RZ 63 .8 Acres
LC 7.1 Acres
Proposed Map
LR 192.6 Acres
MR 19.5 Acres
HR 3.8 Acres
RZ 63.8 Acres
LC 7.1 Acres
[LR= Low -Rise Residentia l Zone (not to exceed 35'); MR=Mid -Rise Residential Zone( not to exceed 55');
HR=High-Rise Res i dential Zone (not to exceed 55'); RZ=Recreational Zone ; LC= Limited Commercial
(not to exceed 40')]
The current density of the TR District is 3 .5 units per acre (UPA). The current allowed number of units on
the existing 184.6 acres of TR District property is 637 . The applicant is proposing and additional 224 units
on the 99.15 acres being conditional ly annexed . The additional property being annexed has a density of 2.26
UPA. Once the property is annexed, the units per acre of the for the overall TR District Property will change
from 3.5 UPA to 3 UPA (861 units on 286.8 acres).
Site Historv:
Case PC Date PC Result CC Da t e
Developm ent A pp licant Owner Re qu es t Addr ess O rdina nc e
N um be r N a m e N umber
zc 10-04 6/7/2010 Approved 8/23/10 Colony At the Point Point Conditional Battles Approved
Grand Clear Clear annexation to Road -Ord .
Partne rs Partners Tourism Resort (TR) 1434
zc 16 .04 4/4/2016 Approved 6/2 7/1 6 TR District HMR RSA TR District Old Approved
Amendment Amendment Battles -Ord .
Road 1579
Comments:
The Zoning Ordinance in Article II Section C specifies the following Criteria regarding zon i ng amendments.
1. Zoning Amendments
2
e. Criteria -The application shall be reviewed based on the following criteria:
(1) Comp l iance 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;
ZC 19 .04 Colony at the Grand -March 12, 2019
4
Properties outside of the immediately adjacent areas, but within the 1320-foot buffer include only
unznoned and TR District properties. Properties just outside the buffer are zoned R-5 (to the
southeast); TR District to the south; PUD to the southwest, and R-1 to the west. The predominate
character of the neighborhood is residential and the proposed conditional annexation and re-zoning
will be in character with the surrounding neighborhood .
Article II Section C 1 e (4 )Adequacy of public infrastructure to support the proposed development:
According to Mr. Richard Peterson, Director of Operations, the City does have adequate utility
availability for this rezoning. As far as a request for a zoning change goes, the City of Fairhope Director
of Operations has confirmed that from a public infrastructure perspective, there are no issues.
According to Mr. Peterson, The parcel for annexation/initial zoning consideration is located on both
South Section Street and Twin Beech Road . The City 's infrastructure, with the improvements we have
planned, will support the 224 +/-units that are proposed .
Article II Section C 1 e (5) Impacts on natural resources, including existing conditions and ongoing
post-development conditions: Potential wetlands are located on the property. The applicant is
working with the Corps of Engineers with regards to the on-site wetlands . The applicant has indicated
that during each phase of the development located within the zoned areas, the natural resources will
be identified and evaluated during the individual phase of development.
Article II Section C 1 e (6) Compliance with other laws and regulations of the City: At the time of
subdivision submittal, staff will review the project layout for compliance with the City of Fairhope
Zoning Ordinance and any other applicable City ordinances that may apply. The site is located within
the City of Fairhope Corporate Limits, the permit jurisdiction, the police jurisdiction and the planning
jurisdiction. The Tourist Resort District has requirements unique to its own district.
Article II Section C 1 e (7& 8) Impacts on adjacent and surrounding property including noise, traffic,
visible intrusions, potential physical impacts, and property values; and,
The proposed development is consistent with the surrounding residential developments in terms of
noise and intrusion. The applicant is proposing low-rise residential for the entire 99 .15 acres being
conditionally annexed. The applicant will evaluate traffic improvements at the time of the subdivision
submittals.
Recommendation:
Staff recommends approval of the application .
ZC 19 .04 Colony at the Grand -March 12, 2019
Summary of Request: Pub l ic hearing to consider the request of the Retirement Systems of Alabama for
Preliminary Plat approval of Batt l es Trace, Phase 6, a 45-lot subdi vi sion. The property is located on the West
side of S. Section Street approximately½ mile north of Battles Road.
The property is owned by the Retirement Systems of Alabama and their authori zed representative is
HMR LLC.
The tota l site acreage is 25.97 acres, with the largest lot being approximately 19,218 sf and the sma l lest lot
be i ng 7,816 sf.
Comments:
Site History: The Tourist Resort District (approximate ly 186.2 acres with a total al lowed density of 637) was
approved in 2010 with multip l e development zones, including a recreational zo ne, a low-rise zone, limited
commercial zone, a mid-rise zone, and a high-rise zone which were presented in a land use map . An
updated land use map is attached to this staff report.
In 2016 , the app li cant requested an amendment to the TR district land use map rearranging the percentages
of the var i ous zones and reducing the designated high-rise l and use area . At the time of the amendment, the
staff cover letter for the amendment reports the applicant anticipates to be wel l below the maximum
all owed 637 units at final bu il d out.
Case PC PC cc Dev. [Applicant Owner Request Ordinance
Numbe r Date Result Date Name Number
zc 10 .04 6/7/10 Approved 8/23/10 Colony At the Point Clear Point Clear Conditional Approved-
Grand Partners Partners annex to TR Ord. No. 1434
zc 16 .04 4/4/16 Approved 6/27/16 TR District HMR RSA TR District Approved-
Amendment Amendment Ord . No. 1579
The Battles Trace Subdivision Pre l iminary Plat, first phase of this development, was approved in September
18, 2012 and is cons i dered low-rise residentia l (not to exceed 35 '). The total anticipated number of phases
for this overall development has not been determined yet . According to the applicant 's engineer, the
number of tota l phases wil l depend on the market and how the developer will choose to break up the
phasing.
Battles Trace Subdivision Cases
case No. Applicant Case Type Subdivi sion Name lots Zoning PZ Date PZ Decision Recorded Plat
SD 06 -05 Vol kert/D an iel Corp Mi no r Colony at the
I
2 N/A 2/6/2006 Approved 5/15/2006
Grand -triangle
SD 13-12 HMR/Point Clear Minor Colony at the Grand 3 TR 9/3/2013 Approved 12/17/12
Partn ers Re plat2, Sub ., Ph 3/5/2014
Replat 1 l A
SD 10-03 HMR , LLC Minor Colony at the Grand 2 TR 11/1/2010 Approved 5/3/2011
11/22/2011
SD -12-05 Point Clear Prelim i nary Battl es Tra ce at the 66 TR 9/18/2012 Approved N/A
Partners/HMR Colony
SD-13-18 HMR Final Battles Trace at t he 42 TR 12/2/2013 Approved 6/3/2014
Colony, Ph 1
SD-16-02 HMR, LLC Final Battles Trace, Ph ase 2 24 TR 1/4/2016 Ap proved 1/29/2016
SD-15-25 HMR / RSA Preliminary Battles Trace, Pha se 3 43 TR 11/2/2015 Approved N/A
----I
2 SD 19 .12 Battles Trace, Phase 6 -March 12, 2019
General commentary provided by the Code Enforcement Officer, Kim Burmeister:
1. Add wetland buffer sign placement areas to the Erosion Control Plan and indicate number of
wetland buffer signs
2. Wetlands: Label Point Clear Creek
3. Add the following comments to the Erosion Control Plan:
a. City of Fairhope Wetland Permitting will be required prior to any land disturbing activities.
b. Permanent wetland buffer signs shall be installed prior to permitting
c. Phase I: install sediment barriers (Type A Silt Fence) and construction entrance
d. Red soil & clay is not allowed within 100' of critical areas, including wetlands
e. No activity or disturbance is allowed within wetland buffer
4. Add the following comment to Pond Erosion Control Plan:
a. Red soil and clay shall not be allowed in pond construction
The applicant has addressed the items above the exception of items 1 & 2. The discussion regarding
wetlands is below.
Wetlands: The applicant provided an original wetlands l etter. However, the applicant indicates that they
have met with the Corps of Engineer and that the Corps says the property is not a wetlands. The original
wetlands specialist "re-issued" a letter to the City of Fairhope revising the original opinion. Staff requests
the applicant provide the City with a letter from the Corp of Engineer confirming the site has no wetland s.
There appears to be a draw through the site that may be Point Clear Creek. Staff requests the applicant
label the stream if it is present on the site.
General commentary from the Public Works Director: Road and Stormwater review comments from the
Public Works Director are as follows:
General Commentary -this is a 45-lot Preliminary Plat Application with full roadway and drainage
infrastructure requirements. This is a phase of the of the overall Development at the Colony. It is a ma ster
planned community designed in its entirety. This overlay district is afforded exceptions to certain
development standards .
2. Article V.D. -Street Standards -
a. 3094 linear feet of new streets are proposed.
b. This is a gated community -all streets shall remain private and will not be considered for public
acceptance by the City of Fairhope.
c. Street build up proposed meets or exceeds the public standard -1.5" of asphalt binder with 1" of
asphalt wearing -sand-clay base.
d. There are no public roadway connections proposed. All connections proposed are private road to
private road.
e. Streets are curbed with a 24" concrete valley (Type M-14)
3. Article V.F. -Stormwater Standards -
6
f . The drainage design for this phase is part of the overall SWM system for the Colony Development. The
stormwater detention for Phase 6 pond wi ll be located in a different area of development for Phase 6.
g. Drainage is typical: storm water runoff from developed lots, and streets is di rected by grading to
curb/gutters that flow to winged inlets in the curb line and then conveyed by proposed and existing
pipe to the newly built detention pond.
SD 19.12 Batt le s Trace , Phase 6 -March 12, 2019
h. The existing SWM system is designed for and constructed such to meet the all applicable stormwater
management and post-development treatment standards .
Storm Sewer (Article VI Section E.1-2): The storm sewer for this development is private.
Streets (Article V Section D}: The streets in this subdivision are private and this has been noted on the plat.
Sidewalks: (Article V Section D.6}: No sidewalks in front of lots are proposed. No sidewalks are proposed
in this phase of the development at this time.
Street Trees (Article V Section D 1.b.(4} and Landscaping: Any landscaping shall meet the requirements of
the TR District documents. Street trees are not proposed for this development.
The applicant is removing several significant trees for the road. Staff asked if any consideration was given to
routing around the trees. The applicant said that it was considered; however, routing around the tree
would require removal of other significant trees . According to the applicant's engineer, numerous
significant trees remain in this phase.
Water and Sewer Department Final Inspection (Article IV, Setion D.4): The only City of Fairhope
improvements for the subdivision are the water and sewer services. No sewer justification was necessary as
the applicant is proposing gravity sewer.
Flood Zone (Article V, Section F.5.e.-f.) Erik Cortinas, Building Official indicated there is not an issue at this
location. Erik confirmed this in writing via email.
Flow Model: The flow model was approved by the Director of Operations, Mr. Richard Johnson , PE.
Lighting Plan: Lighting is not proposed.
Building Official Comments: Per the Building Official, the following note shall be added to the plat: "The
International Residential Code requirements for firewalls, fire rating of eaves and soffits and limitation of
openings (doors windows, etc) will be enforced based on building proximity to a property line, not
separation from structures on other lots."
The note requested by the Building Official has been added to the plat.
Recorded Plats (Article IV Section D.7}: All conditions of approval shall be satisfied in a timely manner. At
the time of final plat, the applicant shall have all items completed so the Plat may be recorded within a 60-
day time frame, per the City of Fairhope Subdivision Regulations.
Other (Article IV Section C.18}: Any applicable outside agency permit shall be obtained .
Waiver Requests: An application is required for any waivers to the subdivision regulations as per Article VII
of the City of Fairhope Subdivision Regulations. No waivers are being requested.
The subdivision regulations contain the following criteria in Article IV. 8 .2. Approval Standards.
7 SD 19.12 Battles Trace, Pha se 6 -March 12, 2019
"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 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. 11
The project does not appear to be inconsistent with the applicable criteria of the City of Fairhope.
The subject parcel is currently located within unzoned Baldwin County; However, the applicant is
concurrently requesting conditional annexation and re-zoning {designated as the TR District) in the City of
Fairhope Corporate limits, the police jurisdiction, permit jurisdiction, and in the City of Fairhope Planning
Jurisdiction. Staff is unaware of any pending issues related to applicable state or federal locals and
regulations and health and safety. The burden of responsibility is on the applicant to coordinate with any
appropriate agency regarding their proposed project.
Recommendation: Staff recommends approval of the application contingent upon the following
conditions:
8
1. Documentation from the corps verifying the sites no longer has wetlands shall be provided .
2. Submittal of the traffic study report.
3. Council Approval of the conditional annexation and re-zoning of the property to the Tourist
Resort (TR) District.
SD 19.12 Ba ttles Trac e, Phas e 6 -Ma rch 12, 2019
Summary of Request:
Public hearing to consider the request of Hutchinson, Moore, and Ra ugh, LLC (HMR) on behalf of the
Retirement Systems of Alabama for a request for approva l of Polo Place Subdivision, a three-lot major
subdivision. Subject property along Po lo Ridge Boulevard approximately 1/10 mile west of South Section
Street. Subject property is located within the City of Fairhope planning jurisdiction within unzoned Baldwin
County . Subject property cons ists of approximately 13 total acres, with the new lot sizes as indicated on the
staff report cover page. Mr. Tim Law l ey, PE of HMR serves as the engineer of record (EOR) for subject
application .
Comments:
MAJOR SUBDIV ISON 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
relevant ordinances and are included here to provide relevant background and rationale behind staff's
recommendation . Any items remaining in red italic text will be cured by conditions of approval, or in the case
of a recommendation for denia l of an application , provide rationale for the recommendation of denial. Any
items initially marked "revise and resubmit" have been cured by the notations in blue text , which may
include conditions of approval.
Article J V, Section B.la-b. Pre-application Confere n ce and Community meeting
a. Pre -A pplication Conference -A ll appli cations for major subdi visions, village subdivisions and Multiple Occupancy Projects
must attend a mandatory pre-application confere nce wit h City staff prior to making app li cation so the developer may become
fam ili ar with the comprehensive plan and other rules which may affect the development. A pre-application conference with the
Planning Director and/o r his/her authorized agent may be sc hedu led at the mutual convenience of both parties.
b. Community Meeting -After the pre-application meetLng and prior to making ap pli cation for a major subdivision vill age
Subdivisions or Multip le Occupancy Project the app lic ant must conduct a comm uni ty meeti ng to so li cit public input.
(I) Notice of Comm unity Meeting -The app l icant shall notify all persons owning property adjace nt to any specific property that is th e
s ubjec t of the a pplication stating the date , time. location, nat ure and s ubj ect of the meeting. The location of the meetin g sha ll be at a
public faci li ty unless th e location of th e develop ment make s a public facility impracticable. Names and addresses shall be from the latest
records of the county revenue office and accuracy of t he list s hall be the app licant 's responsib ility. Where land adjacent to the su bject
property involves le aseho ld property, the names and addresses of the landowner and the lease hold improv ements shall be notifi ed . Upo n
application for a major subdiv ision. vil lage subdivisions and Multiple Occupancy Projects, the fol lowing community meeting
information must be provided:
i. Copy of notice mailed to nei g hboring prope11ies for the community meeting stati ng date, time, loc ation , nature and subject
of the meeting.
ii. Copy of s ite plai1 or other de scriptiv e information discu ssed
iii. Attendance sign in sheet.
iv. Meeting millutes
ON/A I □Accepted I ~Revise and Resubmit per comments
Commems: Record of this meetillg was not included with tlte application. A copy of the meeting minutes of the
community meeting conducted by the Engineer of Record (EOR) was included in the follow -up submittal . Th e
community meeting occurred on February 15 , 2019 .
Article IV, Section C.l.b.(7) Building set back lines s ha ll be s hown on the plat as re qu ired by the zoning
ordinance or in absence of zoning, as required by deed restrictions.
□NIA I ~ Accepted with comments I □Revise and R esubmit p er comments
Comments: Subject property i s located in unzoned Baldwin Cou nty and also unzoned by the City of FairlwJe. As a result,
th e proposed 30' front, 30' rear, and 10' sid e setbacks are in compliance with the Baldwin County s ubdivision regulation s
.Q 5.1.1 Minimum Desi1:11 Standards for residential subdivisions outside the zonil11: authority of Baldwin County.
Article IV, Section C. J. b. (8) Plan and profiles of all proposed utilities with co nn ect ion s
(8) Plan and p rofiles of aJl proposed utility with conn ections to ex isting uti li ty system a nd a ll proposed improvements .
Aonroval of p rivate utility con nection s for water and sewer s hall be subject to the standards of
2 SD 19.13 Polo Place Subdivision -March 12, 2019
□NI A I □Accepted I IZIRevise and Resubmit per comments
Cross Reference: Article V, Section F.3.a ., b., and c.
Comments: Subject property is tm area within tl,e existing Lakewood golf course adjacent to the existing Point Clear
stables residential subdivision . Though the existing drainage improvements are likely sufficient to handle the additional
drainage created by three adtlitional residential lots, please provide.follow-up correspondence by the engineer o_f record
indicating post development stormwater flows created by the additional lots are less than or equal to predevelopment .\"lorn,
water flows prior to addition of the three new lots. The EOR provided follow-up correspondence indicating the post-
development discharge, if any, will be negligible and sufficientlv orocessed bv the existinl! draina2e system .
Article JV, Se ction C l .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 features within the rights-of-way and all proposed changes, including, but not limited to , changes in traffic
patterns, markings , signs , curbs and barriers , neuh·al zones , signals, warnings , plantings and landscaping. There shall be
submitted with and as a pait of the Plan a written statement setting fo1ih means proposed for traffic control and safety
durin g 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.
□N IA I □Accepted I IZIFoliow-up correspondence required.
Comments: See Article IV, Section C.l.h.for it~formation related to tlte Traffic Data and Traffic Study. TheEOR
provided follow-up correspondence verifying the trip generation of the pm posed development does not warrant
a traffic study and corresponding ROW highway improvements plan .
Article V, Section E.2. Lot Standards -Lot Sizes
a. Land Subject to Zoning -Where land is subject to zoning all lots shall fully confonn to the requirements of
the applicable zoning ordinance. The applicant shall furnish to the commission site drawings to demonstrate
compliance. Lots not in compliance shall not have building permits is sued unless combined with other lots and
reconfigured so as to comply with zoning requirements.
b. Land not Sub;ect to Zoning -
1) Lots not subject to zoning shall have lot areas of not less than 15 ,000 square feet and a minimum lot
width of 100 feet;
2) Where neither public water nor publi c sewage is available, lot areas and widths shall confonn to the
requirements of the public health authorities , but in no case shall be less
than 100 feet in width and 20 ,000 square feet in area.
c. lnsofar as is practicable ; side lot lines shall be at right angles or shall be radial to sh·eet lines.
d. Corner lots for residential use shall be designed with additional frontage, greater than is required for interior
lot widths. The additional frontage shall be equal to the difference of the minimum front setback and minimum
side setback requirements for any applicable zoning district, for the purpose of allowing bui [ding orientation
and setback from both front and side streets.
ON/A I □Accepted I IZIRequest for waiver from this section requested
Comments: The applicant has submitted two preliminary plats. Plat "l" includes lots slightly smaller and narrower
than required by this section. Plat u2" includes lots o_f size and width in compliance with this section. The applica111
requests approval of Plat "l" as well as a waiver.from the req11ireme111s o_f this section to allow Plat 2 1s lot sizes and
widths. As an altemative, and if Plat "l" is not approved by the Planning Commission the applica111 requests
aooroval of Plat ''2 ". The staff recommendation re.fleets a recommendation of aooroval of Phu "2''.
The subdivision regulations contain the following criteria in Article IV.8.2. "Approval Standards". Each of these
criteria is addressed below with either a "meets 11 or "does not meet" comment. If any of the criteria is not
met, a denial will be recommended.
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:
4 SD 19.13 Polo Place Subdivision -March 12, 2019
Recommendation:
As stated in the comments related to Article V, Section E.2. Lot Standards -Lot Sizes the applicant requests
approval of Plat "1" which reflects lots smaller than 15,000sf for lots 2 and 3, and narrower than 100' wide for
lots 1 and 2. Staff recognizes the smaller and narrower lots of Plat "1" are the by-product of creating a 20'
strip between proposed Lot 1 and the existing lots of Point Clear Stables . Staff does not necessarily object to
the request for waiver required to allow approval of Lot 1, however staff believes it is possible the remnant
parcel may be of sufficient size to accommodate the required lot sizes for proposed lots 1-3 without a waiver,
or with a waiver that represents a more minimal departure from the required lot sizes of Artide V, Section E2 .
As a result, staff recommends APPROVAL of Case number SD 19.13 Polo Place Subdivision, subject to the
following conditions:
6
1) Article IV, Section C.1.b.{8) Plan and profiles of all proposed utilities with connections
a. The water and sewer superintendent reviewed the plans and profiles and notes the
proposed HOPE pipe shall be in Ductile Iron Pipe Size (DIPS).
2) Article IV, Section C.1 .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 .
a. Include a tree protection plan and tree protection details in the "for construction" plans for
all trees to be protected .
3) Article IV, Section C.1 .b .(15) Topographic survey with an aerial photograph overlay .
a. Please provide with the for-construction plans.
4) Article V, Section E.2 . Lot Standards-Lot Sizes
a. Staff recommends approval of Plat "2 " which reflects required lot sizes and lot widths for
subdivisions located within unzoned Baldwin County .
SD 19 .13 Polo Pla ce Subdivision -Ma rch 12, 2019
Summary of Request:
Public hearing to consider the request of S.E. Civil, LLC on behalf of Magnolia Church, LLC for a request for
approval of Magnolia and Church Square, a four-lot minor subdivision. Subject property is located at the
northeastern intersection of Church Street and Magnolia Avenue within the Central Business District of
downtown Fairhope. Subject property consists of approximately 0.51 acres, with the new lot sizes as
indicated on the staff report cover page . Mr. Larry Smith, PE of S.E . Civil Engineers, LLC serves as the
engineer of record (EOR) for subject app l ication.
Comments:
MNOR SUBDIVISON CRITERIA
The following item are excerpts from the various checklists utilized by staff to evaluate subject application's
comp l iance 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 remaining 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. Any items
initially marked "revise and resubmit" have been cured by the notations in blue text, which may include
conditions of approval. All Art icle, Section, and Paragraph numbers identified are references to the City of
Fairhope Subdivision Regulations un l ess otherwise identified.
Article IV, Se ction C. l .b. (3) Names and addresses of the following:
• owner
• designer
• applicant
• all associated investors
• record owners of lands immediately adjacent to subdivision .
□N IA IZI Accepted with □Revise and Resubmit per comments
comments
Comments: A recorded certificate of formation of Magnolia Church, LLC is included in tile application and lists
Ware Porter and Vance McCown as its members.
Article IV, Section C.l .b.(7) Building set back lines shall be shown on the plat as required by the zoning
ordinance or in absence of zoning, as required by deed restrictions.
□NIA I □Accepted I ~Revise and Resubmit per c omments
Comments: Subject application is a minor subdivision mu/ the application does not contain any construction
drawings reflecting the intended use of the property. It is understood the intended use of the new lots may not be
known at the time of application submission and a future re-plat may be necessary to reflect the setbacks required
for the intended use of the new lot(s) once those uses are known. For the purposes of subject applicutio11, please
include the required 20' from setbacks on the preliminary plat or note them 011 the plat so that the proposed lots
comply with the zo11ing ordinllnce. N ote "5" has been modified on the plat to reflect the 1·equired 20 ' front
setback.
Article IV, Section C. l .b. (13) and A rticle V, Section D.5 .a. (9) Tree protection plan for all required st:reet trees or trees
2
over 24" DBH . Tree protection fences shall be installed prior to land disturbance activities. (See Appendix G)
□NIA IZI Accepted with □Revise and Resubmit per comments
comments
Cross Reference: Ordinan ce numb er 1444, Tr ee Ordinan ce
Comments: Subject application is a minor subdivision and does not appear to propose any improvements at the
time of"aoolication submission that require tree removal.
Article Iv, S ection C. J.d. Drainage plan prepared by professional engineer, including proposed method of storm water
detention and means of controllin erosion durin construction. An ortion of the land in the ro osed subdivisi011
SD 19.14 Magnolia and Church Square -March 12, 2019
subject to periodic inundation by storm drainage , overflow or ponding shall be clearly identified on the plat. Lands
lying within the flood plain , V or A Zones , shall be clearly identified on the plat. Stonn-water detention facilities
shall be shown in the plans and calculations provided .
□NI A IZI Accepted with □Revise and Resubmit per comments
comments
Cross Reference: Article V, Section F.3.a., b., and c.
Comments: Subject application is a minor subdivision and does not propose any drainage improvements at the
time of application submission. The engineer of record (EOR) provided correspondence indicating any drainage
improvements will be submitted witlt a future buildin,: permit or otlter required development application.
Article fl/, S ec tfon D. 7. Recording
7. Recording-Applicant is responsible for recording of Plat and approval shall be null and void if the Plat is not
recorded within sixty clays 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.
□NI A I IZI Accepted with comments I □Revise and Resubmit per c01mnents
Comments: For tile rwolicant's information .
Article VI, Section D. Construction Standards-Sidewalks
Sidewalks shall be insta lled on all streets within the planning jurisdiction of the City of Fairhope, except on those
streets which are eligible for the rural design standard expressed in Table 5.3, Appendix A of these regulations. On
streets requiring sidewalks, concrete s idewalks which meet the City's standards and specifications expressed in
Chapter 19 of the Code of Ordinances, as amended shall be installed . Sidewalks shall be de signed and installed in
accordance with goo d engi neering practice.
□NIA J IZ!Accepted with comments I □Revise and Resubmit per comments
Cross Reference : Chapter 19 of th e Citv ofFaM10ve Code of Ord;nances , as amended.
Art;cle VI, Section D. (continued)
Comments: Subject application is a minor subdivision and does not propose any improvements"' the time of
application submission. Sidewalks as required by the Central Busi11ess District sltall be included with any future
development activities 011 subject propertv.
Article VJ, Section G. Construction Standards-Fire Hx:drants
Fire Hydrants s hall 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 IZI Accepted with comments I □Revise and Resubmit per comments
Comments: Subject application is " minor subdivision and does not propose any improvements al the time of
applicatio11 submission. An existillg fire hydrant is in place immediately {l{/jacent to tlte proposed lot 1 and
orovides coveraf!e to tlte site.
ArNcl e VJ, Sect;on J Construction Standards-Permanent Monuments
Co ncrete monuments four inches in cross sectio n and three feet long, with a flat top shall be set at all points where the
exterior boundaries of th e su bdivision intersect, including points of curvature and points of tangency on curved
boundaries. The top of the monument shall have an "X" indented therein to identify the exact point and the top shall
be set flush with gra de. All interior lot corners shall be marked with a pipe not smaller than three-quaiters inch
diameter, 24 inches length and shall be driven flush with finish grade.
□NIA I IZ!Accepted with comments I □Revise and Resubmit per comments
Comments: As a condition of approval, and in lieu of furnishing concrete monuments at all locations described
above, please provide at least two (2) concrete monuments with ferrous cores on the site, preferably at an
internal location(s) to avoid dama2e.
3 SD 19 .14 Magnolia and Church Square -March 12, 2019
Summary of Request:
Request of Deviney/ AT&T for an 11.52.11 Utility Review and approval of the proposed installation of
approximately 1742' of aerial fiber optic cable overlashed to existing copper cable and extend it 866' to an
existing pole. The addition of 1 new anchor and guy line are proposed at the end of the new strand. The
project will begin close to the intersection of Volanta Avenue and Section Street and end on Section Street
across from Sarge Turner Road .
Comments:
The proposed utility construction falls within ROW maintained by the City of Fairhope. The comments below
are typical general comments for City of Fairhope right-of-way projects.
• Any portions of the project affecting public right-of-way (ROW) maintained by Baldwin County or the
Alabama Department of Transportation (ALDOT) shall require permits through the Baldwin County
Highway Department or ALDOT. The applicant shall provide drawings locating their utilities with other
utilities and the sidewalks.
• Although the proposed work is all aerial make note that no open trenches shall be allowed.
Directional boring shall be used in sensitive areas if needed, such as under roads, in proximity to trees,
on finished lots, etc.
• If land disturbance is required, the work must be approved by Erik Cortinas the City Building Official,
the applicant shall contact Alabama One Call to locate all existing utilities and ground conditions in the
ROW's shall be returned to original preconstruction condition(s) or better, and any other conditions
deemed necessary by the Cities Building Official.
• This site shall comply with all State, Federal and local requirements, including, but not limited to the
following City of Fairhope Ordinances:
1. City of Fairhope Wetland Ordinance (#1370), which regulates activity within 20' of wetlands.
2. City of Fairhope Red Soil & Clay Ordinance (#1423), which prohibits the use of red soil/clay
within 100' of critical areas.
3. City of Fairhope Erosion and Sediment Control Ordinance (#1398).
State and Federal permits shall be on file with the City of Fairhope Building Department, prior to
the issuance of City of Fairhope permits.
The applicant shall provide as-built profiles of the installed lines .
Recommendation:
To approve conditional upon the following:
1. The applicant shall follow the general comments related to utility work, as stated above .
2 UR 19.03 AT&T -March 12, 201 9
Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed underground
installation of approximately 4,101 linear feet of fiber optic cable within the City of Fairhope's ROW's. The installation
will be a directional bore of 2" HDPE conduit beginning at an existing manhole on S. Ingleside going south to Middle
St., east across US 98 down Spring Run Dr. to Boothe Rd. where it will continue south under Baldwin County ROW. The
project will require the installation of 3-30'X48" hand holes as indicated on the drawings provided.
Comments:
The proposed utility construction falls within the Corporate limits of Fairhope. The comments below are typical
general comments for City of Fairhope right-of-way projects. Any portions of the project affecting public right-of-way
(ROW) maintained by Baldwin County or the Alabama Department of Transportation (ALDOT) shall require permits
through the Baldwin County Highway Department or ALDOT.
The Proposed construction of the project is a series of directional bores crossing the ROW in multiple areas.
GENERAL COMMENTS
No open trenches shall be allowed. Directional boring shall be used in sensitive areas, such as under roads, in
proximity to trees, on finished lots, etc.
SUPERINTENDENT AND DEPARTMENT HEAD COMMENTS
The applicant shall contact Alabama One Call to locate all existing utilities.
Public Works Standard Comments:
• Hand holes shall not be located within driplines of Heritage Trees (as defined by the Tree Ordinance).
• Any proposed trenching shall not be within the dripline of trees.
• If within a tree dripline, consult with the City of Fairhope Horticulturist before proceeding with earth work.
• Trees shall not be negatively impacted.
The applicant shall provide drawings locating their utilities with other utilities and the sidewalks. Any
boxes/hand holes cannot be placed in the sidewalk. The applicant shall review the sidewalk plan to determine if there
are any conflicts. The applicant shall coordinate work with Richard D. Johnson, PE, Public Works Director, to resolve
any potential conflicts.
All conduit/cable shall be placed at depth from existing grade per industry and/or County Standards. A minimum
horizontal and/or vertical clearance (separation) of 36" must be maintained from stormwater and utility
infrastructures. No hand holes, boxes, or other above ground infrastructure shall be installed within drainage
easements. Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and to allow vehicles
to exit the roadway during an emergency. No grade change shall result from the utility installation. The applicant is to
avoid any tree drip lines with hand holes and equipment.
The material under the sidewalk shall be compacted and the repair work shall be to the satisfaction of the Building
Official or his designated representative. The applicant shall contact the Building Department for inspection prior to
placing concrete.
Code Enforcement Officer's Standard Comments:
2
• The applicant, or subcontractor, shall obtain a ROW permit from the City of Fairhope Building Department prior
to beginning work.
• Subcontractors shall have a current business license with the City of Fairhope and shall have a copy of the ROW
permit available for review at all times, and shall be posted on site or in the window of contractor's vehicles.
• Any ROW cuts shall be stabilized (covere d) at the end of each day and disturbed areas shall be re-vegetated
with sod within ten (10) days of completion of the project.
• Mulch/ seed shall only be acceptable as temporary cover.
• Sod shall be watered as needed to ensure survival.
• Inlets shall be protected .
UR 19.04 AT&T-March 12, 2019
• If site is within 100' of a critical area (wetland, etc.), no red soils/clay are allowed as fill material, per the City's
Red Clay/Soil Ordinance.
Building Official's Standard Comments:
• BM P's shall be installed at boring sites and trench locations.
• Ground conditions in the ROW's shall be returned to original preconstruction condition(s) or better.
• All plans and permits shall be available for review at all times along with the City of Fairhope permit
application.
• If required, appropriate ALDOT or Baldwin County Highway Department permits shall be obtained prior to the
issuance of a right-of-way (ROW) permit.
• Contractor is advised to review and comply with the Building Official's best practices flyer.
Water and Sewer Standard Comments:
• All existing utilities must be located, and proper separation shall be maintained between utilities.
• All mechanical equipment shall be screened by painting the equipment Munsell Green.
Natural Gas Standard Comments:
• Contractor shall provide proper separation from the gas main and all other utilities.
The applicant is advised of the following:
• No work shall begin until a ROW permit is issued by the City of Fairhope Building Department or other
applicable jurisdiction (permit not valid until paid for and picked up by contractor).
• The ROW permit shall be kept with the contractor or subcontractor at all times during site work. The ROW
permit shall be posted on the job site or in the window of contractor(s) vehicle.
• All contractors/subcontractors are subject to City of Fairhope Business License procedures.
This site shall comply with all State, Federal and local requirements, including, but not limited to the following City of
Fairhope Ordinances:
1. City of Fairhope Wetland Ordinance (#1370), which regulates activity within 20' of wetlands.
2. City of Fairhope Red Soil & Clay Ordinance (#1423), which prohibits the use of red soil/ clay within 100' of critical
areas.
3. City of Fairhope Erosion and Sediment Control Ordinance (#1398).
State and Federal permits shall be on file with the City of Fairhope Building Department, prior to the issuance of City of
Fairhope permits.
The applicant shall provide as-built profiles of the installed lines, showing the exact depth.
Recommendation:
Staff recommends approval of UR 19 .04 conditional upon the following:
3
1) The applicant shall follow the general comments related to utility work, as stated above .
2) Applicant and applicant's contractor shall follow the Right of Way Installation Permitting and Work Procedures
document provided by the Building Official.
UR 19.04 AT&T-March 12, 2019
Summary of Request: Request of AT&T for an 11.52 .11 Utility Review and approval ofthe proposed underground
installation of approximately 2,746 linear feet of fiber optic cable within the City of Fa i rhope's ROW's . The installation
will be a directional bore of 1.5" HOPE conduit beginn i ng at an existing manhole near 755 Fairhope Ave towards N.
Ingleside and continue north to the intersection of Gayfer Ave . The project will require the installation of 5-30'X48"
handholes as indicated on the drawings provided .
Comments:
The proposed utility construct ion falls within the Corporate limits of Fairhope . The comments below are typical
general comments for City of Fairhope right -of-way projects . Any portions of the project affecting public right-of-way
(ROW) maintained by Baldwin County or the Alabama Department ofTransportation (ALDOT) shall require permits
through the Baldwin County Highway Department or ALDOT .
The Proposed construction of the project is a series of directional bores crossing the ROW in multiple areas .
GENERAL COMMENTS
No open trenches shall be allowed . Directional boring shall be used in sensitive areas , such as under roads, in
proximity to trees, on finished lots, etc.
SUPERINTENDENT AND DEPARTMENT HEAD COMMENTS
The applicant shall contact Alabama One Call to locate all existing utilities.
Public Works Standard Comments:
• Handholes shall not be located within driplines of Heritage Trees (as defined by the Tree Ordinance).
• Any proposed trenching shall not be within the dripline of trees .
• If within a tree dripline, consult w ith the City of Fairhope Horticulturist before proceeding with earth
work.
• Trees shall not be negatively impacted .
The applicant shall provide drawings locating their utilities with other utilities and the sidewalks . Any
boxes/hand holes cannot be placed in the sidewalk . The applicant shall review the sidewalk plan to determine if
there are any conflicts. The applicant shall coordinate work with Richard D. Johnson, PE, Public Works Director,
to resolve any potential conflicts .
All conduit/cable shall be placed at depth from existing grade per industry and/or County Standards . A
minimum horizontal and/or vertical clearance (separation) of 36" must be maintained from stormwater and
utility infrastructures. No handholes, boxes, or other above ground infrastructure shall be installed within
drainage easements . Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and to
allow vehicles to exit the roadway during an emergency. No grade change shall result from the utility
installation . The applicant is to avoid any tree drip lines with handholes and equipment.
The material under the sidewalk shall be compacted and the repair work shall be to the satisfaction of the
Building Official or his designated representative . The applicant shall contact the Building Department for
inspection prior to placing concrete .
Code Enforcement Officer's Standard Comments:
2
• The applicant, or subcontractor, shall obtain a ROW permit from the City of Fairhope Building
Department prior to beginning work.
• Subcontractors shall have a current business license with the City of Fairhope and shall have a copy of
the ROW permit available for review at all times, and shall be posted on site or in the window of
contractor's vehicles.
• Any ROW cuts shall be stabilized (covered) at the end of each day and disturbed areas shall be re -
vegetated with sod within ten (10) days of completion of the project.
• Mulch/ seed shall only be acceptable as temporary cover.
• Sod shall be watered as needed to ensure survival.
UR 19 .05 AT&T -March 12, 2019
• Inlets shall be protected.
• If site is within 100' of a critical area (wetland, etc.), no red soils/clay are allowed as fill material, per the
City's Red Clay/Soil Ordinance.
Building Official's Standard Comments:
• BM P's shall be installed at boring sites and trench locations.
• Ground conditions in the ROW's shall be returned to original preconstruction condition(s) or better.
• All plans and permits shall be available for review at all times along with the City of Fairhope permit
application .
• If required, appropriate ALDOT or Baldwin County Highway Department permits shall be obtained prior
to the issuance of a right-of-way (ROW) permit.
• Contractor is advised to review and comply with the Building Official's best practices flyer.
Water and Sewer Standard Comments:
• All existing utilities must be located, and proper separation shall be maintained between utiliti es.
• All mechanical equipment shall be screened by painting the equipment Munsell Green .
Natural Gas Standard Comments:
• Contractor shall provide proper separation from the gas main and all other uti lities.
The applicant is advised of the following:
• No work shall begin until a ROW permit is issued by the City of Fairhope Building Department or other
applicable jurisdiction (permit not valid until paid for and picked up by contractor).
• The ROW permit shall be kept with the contractor or subcontractor at all times during site wo rk. The
ROW permit shall be posted on the job site or in the window of contractor(s) vehicle.
• All contractors/subcontractors are subject to City of Fairhope Business License procedures .
This site shall comply with all State, Federal and local requirements, including, but not limited to the following
City of Fairhope Ordinances:
1. City of Fairhope Wetland Ordinance (#1370), which regulates activity within 20' of wetlands.
2 . City of Fairhope Red Soil & Clay Ordinance (#1423), which prohibits the use of red soil/ clay within 100' of
critical areas.
3 . City of Fairhope Erosion and Sediment Control Ordinance (#1398).
State and Federal permits shall be on file with the City of Fairhope Building Department, prior to the issuance of
City of Fairhope permits.
The applicant shall provide as-built profiles of the installed lines, showing the exac t d epth.
Recommendation:
Staff recommends approval of UR 19.05 conditional upon the following:
3
1) The applicant shall follow the general comments related to utility work, as stated above .
2) Applicant and applicant's contractor shall follow the Right of Way Installation Perm itting and Work Procedures
document provided by the Building Official.
UR 19.05 AT&T-March 12, 2019
Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed underground
installation of approximately 5,769 linear feet offiber optic and approximately 9,117 lin ear feet of aerial fiber optic
cable within the City of Fairhope's ROW 's
The installation will be directional bore of 1.5" HOPE conduit with new fiber optic cable along Gayfer Av. near
the intersection of N Ingleside St., Marca Ct., Jasmine Ave., Myrtle St., Youpon Ave ., Lillian Cir, Audobon Pl., on
part of Cedar Ave., and one span on Greenwood Ave .
The installation of overlashing new fiber optic cab le to existing AT&T cable along Gayfer Ave., Blue Island St.,
and on part of Evergreen St.
The installation of a new strand, with new fiber optic cable, on existing Fairhope Utilities pole lines along N.
Ingleside St., Holly Dr., Olive Ave., Cedar Ave., Greenwood Ave ., part of Myrtle St., and part of Evergreen St.
The project will require the installation of 24-lO"XlS" hand holes as indicated on the drawings provided .
Comments:
The proposed utility construction falls within the Corporate limits of Fairhope. The co mments below are typical
general comments for City of Fairhope right-of-way projects. Any portions of the project affecting public right-of-way
(ROW) maintained by Baldwin County or the Alabama Department of Transportation (ALDOT) shall require permits
through the Baldwin County Highway Department or ALDOT.
The Proposed construction of the project is a series of directional bores and aerial in sta llation of fiber crossing the
ROW in multiple areas.
GENERAL COMMENTS
No open trenches shall be allowed . Directional boring shall be used in sensitive areas, such as under roads, in
proximity to trees, on finished lots, etc.
SUPERINTENDENT AND DEPARTMENT HEAD COMMENTS
The applicant shall contact Alabama One Call to locate all existing utilities.
Public Works Standard Comments:
• Handholes shall not be located within driplines of Heritage Trees (as defined by the Tree Ordinance).
• Any proposed trenching shall not be within the dripline of trees.
• If within a tree dripline, consult with the City of Fairhope Horticulturist before proceeding with earth work.
• Trees shall not be negatively impacted.
The applicant shall provide drawings locating their utilities with other utilities and th e sidewa lks. Any
boxes/handholes cannot be placed in the sidewalk. The applicant shall review the sidewalk plan to determine if there
are any conflicts. The applicant shall coordinate work with Richard D. Johnson, PE, Public Works Director, to resolve
any potential conflicts.
All conduit/cable shall be placed at depth from existing grade per industry and/or County Standards. A minimum
horizontal and/or vertical clearance (separation) of 36" must be maintained from stormwater and utility
infrastructures. No hand holes, boxes, or other above ground infrastructure shall be insta lled within drainage
easements . Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and to allow vehicles
to exit the roadway during an emergency. No grade change sha ll result from the utility installation . The applicant is to
avoid any tree drip lines with handholes and equipment.
The material under the sidewalk shall be compacted and the repair work shall be to the satisfaction of the Building
Official or his designated representative. Th e app li cant sha ll contact the Building Department for inspection prior to
placing concrete.
Code Enforcement Officer's Standard Comments:
• The applicant, or subcontractor, sha ll obtain a ROW permit from the City of Fairhope Building Department prior
to be ginning work.
• Subcontractors shall have a current business li cense with the City of Fairhope and sha ll have a copy of the ROW
permit ava ilable for review at all t imes, and shall be posted on site or in the window of contractor's vehicles.
2 UR 19.06 AT&T -March 12, 2019
• Any ROW cuts shall be stabilized (covered) at the end of each day and disturbed areas shall be re -vegetated with
sod within ten (10) days of completion of the project.
• Mulch/ seed shall only be acceptable as temporary cover.
• Sod shall be watered as needed to ensure survival.
• Inlets shall be protected.
• If site is within 100' of a critical area (wetland, etc.), no red soils/clay are allowed as fill material, per the City's
Red Clay/Soil Ordinance.
Building Official's Standard Comments:
• BM P's shall be installed at boring sites and trench l ocations.
• Ground conditions in the ROW's shall be returned to original preconstruction condition(s) or better.
• All plans and permits shall be available for review at all times along with the City of Fairhope permit application.
• If required, app ropriate ALDOT or Bald win County Highway Department permits shall be obtained prior to the
issuance of a right-of-way (ROW) permit.
• Contractor is advised to review and comply with the Building Official's best practices flyer.
Water and Sewer Standard Comments:
• All existing utilities must be located, and proper separation shall be maintained between utilities.
• All mechanical equipment shall be screened by painting the equipment Munsell Green.
Natural Gas Standard Comments:
• Contractor shall provide proper separation from the gas main and all other utilities.
The applicant is advised of the following:
• No work shall begin until a ROW permit is issued by the City of Fairhope Building Department or other applicable
jurisdiction (permit not valid until paid for and picked up by contractor).
• The ROW permit shall be kept with the contractor or subcontractor at all times during site work. The ROW
permit shall be posted on the job site or in the window of contractor(s) vehicle.
• All contractors/subcontractors are subject to City of Fairhope Business Licen se procedures.
This site shall comply w ith all State, Federal and local requirements, including, but not limited to the following City of
Fairhope Ordinan ces:
1. City of Fairhope Wetland Ordinance (#1370), which regulates activity within 20' of wetlands.
2. City of Fairhope Red Soil & Clay Ordinan ce (#1423), which prohibits the use of red soil/ clay within
critical areas.
3. City of Fairhope Erosion and Sediment Control Ordinance (#1398).
lOO'of
State and Federal permits shall be on file with the City of Fairhope Building Department, prior to the issuance of City of
Fairhope permits.
The applicant shall provide as-built profiles of th e installed lines, showing the exact depth.
Recommendation:
Staff recommends approval of UR 19.06 conditional upon the following:
3
1) The applicant shall follow the general comments rela ted to utility work, as stated above.
2) Applicant and applicant's contractor shall follow the Right of Way Installation Permitting and Work Procedures
document provided by the Building Official.
UR 19.06 AT&T-March 12, 2019
Summary of Request: Request of AT&T for an 11 .52.11 Utility Review and approval of the proposed underground
installation of approximately 9,300 linear feet of fiber optic cable within the City of Fairhope's ROW's . The installation
will be a directional bore of 2" HOPE conduit beginning at an existing manhole located at Fels Ave. and S. Church St.
and proceed west along Fels Ave. to Liberty St., then south to Orange Ave., then west to S. Mobi le St., then south to
the end of Fairhope's ROW near Nelson Dr. and into Baldwin Counties ROW . The project will require the installation of
1-30'X48" handholes as indicated on the drawings provided .
Comments:
The proposed utility construction falls within the Corporate limits of Fairhope. The comments below are typical
general comments for City of Fairhope right-of-way projects. Any portions of the project affecting public right-of-way
(ROW) maintained by Baldwin County or the Alabama Department of Transportation (ALDOT) shall require permits
through the Baldwin County Highway Department or ALDOT.
The Proposed construction of the project is a series of directional bores crossing the ROW in multiple areas.
GENERAL COMMENTS
No open trenches shall be allowed. Directional boring shall be used in sensitive areas, such as under roads, in
proximity to trees, on finished lots, etc.
SUPERINTENDENT AND DEPARTMENT HEAD COMMENTS
The applicant shall contact Alabama One Call to locate all existing utilities.
Public Works Standard Comments:
• Hand holes shall not be located within driplines of Heritage Trees (as defined by the Tree Ordinance).
• Any proposed trenching shall not be within the dripline of trees.
• If within a tree dripline, consult with the City of Fairhope Horticulturist before proceeding with earth work.
• Trees shall not be negatively impacted.
The applicant shall provide drawings locating their utilities with other utilities and the sidewalks. Any
boxes/hand holes cannot be placed in the sidewalk. The applicant shall review the sidewalk plan to determine if there
are any conflicts. The applicant shall coordinate work with Richard D. Johnson, PE, Public Works Director, to resolve
any potential conflicts.
All conduit/cable shall be placed at depth from existing grade per industry and/or County Standards. A minimum
horizontal and/or vertical clearance (separation) of 36" must be maintained from stormwater and utility
infrastructures. No hand holes, boxes, or other above ground infrastructure shall be installed within drainage
easements. Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and to allow vehicles
to exit the roadway during an emergency. No grade change shall result from the utility installation. The applicant is to
avoid any tree drip lines with hand ho les and equipment.
The material under the sidewalk shall be compacted and the repair work shall be to the satisfaction of the Building
Official or his designated representative . The applicant shall contact the Building Department for inspection prior to
placing concrete .
Code Enforcement Officer's Standard Comments:
•
•
•
•
•
•
2
The applicant, or subcontractor, shall obtain a ROW permit from the City of Fairhope Building Department prior
to beginning work.
Subcontractors shall have a current business license with the City of Fairhope and shall have a copy of the ROW
permit available for review at all times, and shall be posted on site or in the window of contractor's vehicles.
Any ROW cuts shall be stabilized (covered) at the end of each day and disturbed areas shall be re-vegetated with
sod within ten (10) days of completion of the project.
Mulch/ seed shall only be acceptable as temporary cover.
Sod shall be watered as needed to ensure survival.
Inlets shall be protected .
UR 19.07 AT&T -March 12, 2019
• If site is within 100' of a critical area (wetland, etc.), no red soils/clay are allowed as fill material, per the City's
Red Clay/Soil Ordinance.
Building Official's Standard Comments:
• BM P's shall be installed at boring sites and trench locations.
• Ground conditions in the ROW's sha ll be returned to original preconstruction condition(s) or better.
• All plans and permits shall be available for review at all times along with the City of Fairhope permit application.
• If required, appropriate ALDOT or Baldwin County Highway Department permits shall be obtained prior to the
issuance of a right-of-way (ROW) permit.
• Contractor is advised to review and comply with the Building Official's best practices flyer.
Water and Sewer Standard Comments:
• All existing utilities must be located, and proper separat ion sha ll be maintained between utilities.
• All mechanical equipment sha ll be screened by painting the equ ipme nt Munsell Green.
Natural Gas Standard Comments:
• Contractor shall provide proper separation from the gas main and all other utilities.
The app licant is advised of the following:
• No work shall begin until a ROW permit is issued by the City of Fairhope Building Department or other applicable
jurisdiction (permit not valid until paid for and picked up by contractor).
• The ROW permit shall be kept with the contractor or subcontractor at all times during site work. The ROW
permit shall be posted on the job site or in the window of contractor(s) vehicle.
• All contractors/subcontractors are subject to City of Fairhope Business License procedures .
This site shall comply with all State, Federal and local requirements, including, but not limited to the following City of
Fairhope Ordinances:
1. City of Fairhope Wetland Ordinance (#1370), which regulates activity within 20' of wetlands.
2. City of Fairhope Red Soil & Clay Ordinance (#1423), wh i ch prohibits the use of red soil/ clay within 100' of critical
areas.
3. City of Fairhope Erosion and Sediment Control Ordinance (#1398).
State and Federal permits shall be on file with the City of Fairhope Building Department, prior to the issuance of City of
Fairhope permits.
The applicant shall provide as-built profiles of the installed lines, showing the exact depth.
Recommendation:
Staff recommends approval of UR 19.07 conditional upon the following:
3
1) The applicant shall follow the genera l comments related to utility work, as stated above.
2) Applicant and applicant's contractor sh all follow the Right of Way Installation Permitting and Work Procedures
document provided by the Building Official.
UR 19.07 AT&T-March 12, 2019
Chason & Earle Real Estate
Broke,s & Develope,s L.L.C.
P.O. Box 3102
Daphne, AL 36526
(251) 454-3473
Property: Lot 4 Bay Echo Subdivision, North Mobile Street
Parcel PPIN # 46899
Owner: Glenda Gravlee
Agent: Larry-Chason
Date: January 16, 2019
Fairhope Planning Depaitment
I would like to reg~.1est an informal review of a _.2ro_.2osal to Subdivide Lot
4 Bay Echo Subdivision as recorded on Slide 1170-A Baldwin County.
Parcel is approximately 3.3 acres. I have attached a copy of a survey done
by Fairhope Title and Survey in May of 1988. On that survey I have
shown a rough division of three lots. Lot 1 fronts Mobile Bay and is
approximately 118 x 850 feet. Lot 2 is approximately 118 x 200 feet and
Lot 3 is 113 x 175 feet. All three lots meet the minimum s9_!-iare foot
requirements of the current zoning for the neighborhood.
Ovvner or her assigns request that a wavier be granted from the land use
ordinance requiring that all roads of a new subdivision be paved. The
South end of North Mobile Street is currently a City right of way that is
un-12aved. Allowing_ the road to re111ain un_.2aved is the desire of the
existing residents living on that section of North Mobile Street,
according to resident Annette Sanders, ai1d tl1e potential purchasers of
Lot 1 and Lot 4.
Of the three lots being created, Lot #3 will be accesses from Davis Drive .
Only Lots 1 and 2 will use the un_.2aved cul de sac resulting in only a net
gain of 1 resident. Water, sewer and power will be extended to each of
the three lots.
Thank you for your consideration and input regarding the proposal.
i ~!m~!~I
BY:.~ ....... .