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04-01-2019 Planning Commission Agenda Packet
Ka rin Wilson 11/qyor c0 11nn1 M,mbers Kevin G. Boone Robert A. Brown Jac k Bun·ell , ACMO Jimm y Con yers Jay Robi nson Lisa A. Hanks. MMC Cirycterk Michae l V. Hinson, CPA o·a, n-easurer 161 No rth Section Srree L P 0 . Drawer 429 Fai rh ope, Alabama 36533 251-928-2 I 36 25 1-928-6776 Fax 1vmv.fair hopeal.gov Pniucd on rt.'(J'Cftsf paper 1. Call to Order 2. Approval of Minutes City of Fairhope Planning Commission Agenda 5:00 PM Council Chambers April 1, 2019 • March 4, 2019 3. Consideration of Agenda Items: A. ZC 19.04 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 B. 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 C. SD 19.15 Public hearing to consider the request of Henry and Barbara Brewster for Preliminary Plat approval of Longbranch Subdivision, a 28-lot division. The property is located on the north side of Twin Beech Road between County Road 13 and Thompson Hall Road . PPIN #: 77788 D. SD 19.16 Public hearing to consider the request of Roberds Bros ., LLC for Multiple Occupancy Project approval of C. Roberds Office Building, a 9-unit project. The property is located on the west side of St. Hwy. 181, just south of Hollowbrook Avenue. PPIN #: 346487 E. SD 19.17 Public hearing to consider the request of Donald and Marlene Mesler for plat approval of the Resubdivision of Lot 1, Taylor Oaks, a 2-lot minor division. The property is located on the northwest corner of the intersection of Taylor Street and Dovecote Lane. PPIN #: 224582 F. SD 19.18 Public hearing to consider the request of Joseph & Glenda Gravlee for plat approval of the Resubdivision of Lot 4, Bay Echo Subdivision, a 3-lot minor division. The property is located at the south terminus of N. Mobile Street. PPIN #: 46899 G. SD 19 .20 Public hearing to consider the request of LA Development, LLC for Final plat approval of Twin Beech Estates, a 72-lot subdivision. The property is located on the north side of County Road 44 (a.k.a . Twin Beech Road) just west of St. Hwy. 181. PPIN#:77747,362500,362501,362502,362503, 362504, 362505, and 362506 H. ZC 19 .05 Public hearing to consider the request of the City of Fairhope Planning Department for an amendment to Article IX, Section C. Defined Terms of the City of Fairhope Zoning Ordinance to provide clarification for waterfront lots . I. ZC 19.06 Public hearing to consider the request of the City of Fairhope Planning Department for an amendment to Article III, Section B. Allowed Uses for M-1 Light Industrial District of the City of Fairhope Zoning Ordinance to establish provisions to allow restaurants and establish a catering use . J. UR 19 .08 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of 13 utility poles and equipment within the City of Fairhope rights-of-way. K. UR 19.09 Request of Mediacom for an 11.52.11 Utility Review and approval of the proposed installation of approximately 1,831 linear foot of underground CATV cable. The project will run throughout River Station, Phase 2. L. UR 19.10 Request of AT&T for an 11.52 .11 Utility Review and approval of the proposed installation of approximately 885 linear foot of underground fiber optic cable. The project will run from 108 S. Church Street to St. James Street. M. UR 19.11 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 1,437 linear foot of underground fiber optic cable. The project will run along the east side of S. Ingleside Street from Morphy Avenue to Fairhope Avenue. N. UR 19.12 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 1,564 linear foot of underground fiber optic cable. The project will run along the east side of Mershon Street from Morphy Avenue to Fairhope Avenue. 4 . Old/New Business 5. Adjourn Summary of Request: Public hearing to consider the request of The Retirement Systems of Alabama to establish initial zoning of Tourist Resort (TR) District conditiona l upon annexation into the City of Fairhope . The property is approximate ly 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 Eng i neers . 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 .1 5 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 Proposed Map LR 93.5 Acres LR 192.6 Acres MR 19.5 Acres MR 19.5 Acres HR 3.8 Acres HR 3.8 Acres RZ 63.8 Acres RZ 63 .8 Acres LC 7.1 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 Residential Zone (not to exceed 55'); RZ=Recreational Zone; LC= Limited Commercial (not to exceed 40')] The current density of the TR Di strict 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 Date Development Applicant Owner Request Address Ordinance, Number Name Number zc 10-04 6/7/2010 Approved 8/2 3/10 Colony At the Point Point Conditional Battles Approved Grand Clear Clear annexation to Road -Ord . Partners Partners Tourism Resort (TR) 1434 zc 16 .04 4/4/2016 Approved 6/27/16 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 zoning amendments . 1. Zoning Amendments 2 e. Criteria-The application shall be reviewed based on the following criteria: (l) 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: Public hearing to consider the request of the 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 approximately½ mile north of Battles Road. The property is owned by the Retirement Systems of Alabama and their authorized representative is HMR LLC. The total site acreage is 25.97 acres, with the largest lot being approximately 19,218 sf and the smallest lot being 7,816 sf. Comments: Site History: The Tourist Resort District (approximately 186 .2 acres with a total allowed density of 637) was approved in 2010 with multiple development zones, including a recreational zone, 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 applicant requested an amendment to the TR district land use map rearranging the percentages of the various zones and reducing the designated high-rise land use area. At the time of the amendment, the staff cover letter for the amendment reports the applicant anticipates to be well below the maximum allowed 637 units at final build out. Case RC PC cc Dev. Ordi na11 ce Number Date ,Result Da t e Name Applicant Owne r Request 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 Preliminary Plat, first phase of this development, was approved in September 18, 2012 and is considered low-rise residential (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 total phases wi l l depend on the market and how the developer will choose to break up the phasing. Battles Trace Subdivision Cases case No. i Applicant ,: Case Type Subdivision Name Lots Zoning PZ Date PZ Decis ion Reco rded Pfat - SD 06 -05 Volkert/Daniel Corp Minor Colony at the 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 Partners Replat2, Sub ., Ph 3/5/2014 Replat 1 lA 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 Preliminary Battles Trace at the 66 TR 9/18/2012 Approved N/A Partners/HMR Colony SD-13-18 HMR Fina l Battles Trace at the 42 TR 12/2/2013 Approved 6/3/2014 Colony, Ph 1 SD -16-02 HMR, LLC Final . Battles Trace , Phase 2 24 TR 1/4/2016 Approved 1/29/2016 SD-15 -25 HMR/ RSA Preliminary Battles Trace , Phase 3 43 TR 11/2/2015 Approved N/A 2 SD 19.12 Battles Trace, Phase 6 -March 12, 2019 I Development A p plica t ion Housi ng Total Units Attendan ce Zone SVF Expect e.d Name Type Tyee # of students Battles Trace, Ph. 6 Pre lim. Plat SF 45 Fairhope Elementary .39 17 .55 Fairhope Middle .11 4.95 Fairhope High .17 7.65 Total 30 .15 Pre-Application Conference and Citizen Engagement Meeting: A pre-application meeting was held very early in the design process ( Jan. 8, 2019) and included Nancy Milford, Richard Johnson and Tim Lawley of HMR. Meetings were also held with the engineer of record and Mr. Richard Johnson regarding the placement and design of the detention pond. The applicant also held a citizen engagement meeting on January 11, 2019 at 10 am at HMR's office . Two residents were in attendance. The primary items discussed were adjacent property fencing and concerns with regards to the wetlands . Articles of Incorporation: According to the engineer of record , the project is jointly owned by the Teachers Retirement Systems of Alabama and the Employees Retirement System of Alabama. Each of the entities are instrumentalities of the State of Alabama, created by statue and therefore no articles of incorporation are necessary to create either of them . Site Data Table: Staff requested the applicant provide the greenspace percentage of RSA (TR district) project . According to the engineer of record, the overall subject property is 25 .97 acres and phase 6 is 15.2 acres of the entire subject property . Phase 6 provides 2.43 acres of green space {15 .9% of the total 15.2 acres for Phase 6). The green space count for the existing RSA Development plus the 15 acres for phase 6 (making a total of 199 acres) will be 66 .2 acres (33 .1% of the overall development to date). Common Area: Staff requested clarification regarding 3 of the areas proposed as common area, the two smaller common areas and the 20-foot common area strip. The applicant has responded that no amenities are proposed at this time. The 20 -foot strip will connect to a future phase and provide utility connectivity . A pedestrian connection may be installed here during des ign of future phases. Traffic: The applicant shall submit traffic trip generation data. The applicant has a traffic study underway and anticipates the study will be submitted prior to February 22, 2019. According to the engineer of record, any improvements warranted by the traffi c study will be installed. Lots {Article V Section E-Lot Standards): Setbacks are per the standard TR district requirements for the Low -Rise Portion of the development . Per the applicant's representative, Phase 6 will be a low-rise development. Finished Floor Elevations (Article IV C l.B (14): Finished floor elevations have been provided. The application added the required finished floor elevations to the plat. Fire Hydrants (Article VI Section G}: Fire hydrants are required at every intersection and every 450 feet . General commentary provided by the Code Enforcement Officer, Kim Burmeister: 5 1. Add wetland buffer sign placement areas to the Erosion Control Plan and indicate number of wetland buffer signs SD 19.12 Battles Trace , Phase 6 -Ma rch 12, 2019 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 letter. 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 wetlands. 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 master 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 - 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 will be located in a different area of development for Phase 6 . g. Drainage is typical: storm water runoff from developed lots, and streets is directed 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. 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. 6 SD 19.12 Battles Trace, Phase 6 -March 12, 2019 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.B.2. Approval Standards. "2. Consistency with Plans, Regulations and Laws -The Planning Commission shall not approve the subdivision of land if the Commission makes a finding that such land is not suitable for platting and development as proposed, due to any of the following: a. The proposed subdivision is not consistent with the City's Comprehensive Plan, and/or the City's Zoning ordinance, where applicable; 7 SD 19.12 Battles Trace, Phase 6 -March 12, 2019 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." 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 Battles Trace, Phase 6 -March 12, 2019 Errors and Omission lnsurance(Article IV. A): The proof of insurance has been provided. Plat notes: Notes have been added to the plat. However, staff recommends the applicant add the regulatory reference for the "stream buffer" and reference to be allowed buffer uses in those regulations. Greenspace (Article V.C. 3): All greenspace shall be in compliance with the City of Fairhope Subdivision Regulations regarding greenspace. The applicant provided greenspace calculations and a brief narrative. According to the applicant, "The green space shown on the attached plat does not include roadways, floodways, or right-of-ways. The detention pond, which will be a wet pond, is included in the 4.85 acres green space area. A walkway has been added to the landscape plans around the pond. If the pond was deducted from the greenspance, there would still be 3.35 acres, or 18% greenspace. The applicant states there are no wetlands on site. Storm water (Article V Section F): According to the City of Fairhope's Engineer, Richard Johnson, PE, the storm water management system is designed for and constructed such to meet all the applicable storm water management and post-development treatment standards. The applicant provided a narrative regarding the potential for adverse effects in the drainage calculations. An Operations and Maintenance Plan was submitted which shall be signed and sealed by the engineer of record and shall be recorded at the time of final plat. Natural Resources: (Article IV Section C 1b (18}} Staff has received phone calls regarding the presence of gopher tortoises at this location. The applicant has stated "Before land disturbing activities, the site will be investigated for gopher tortoises, a state protected species. Any active burrows will be protected or we will obtain a scientific collection permit from ADCNR and relocate the tortoises." Confirmation whether or not the gopher tortoises are present on site shall be a condition of approval, prior to any pre-construction activities commencing. The applicant is responsible for compliance of the State and Federal regulations regarding gopher tortoises, if they are determined to be on the property. Staff requests copies of any notifications provided to the State and Federal agencies regarding the tortoise's potential verification. The applicant shall address this as a natural resource. Staff requested clear verification as to whether the wetlands are present or not and a wetlands. The applicant contends that the site does not contain any wetlands. The applicant has submitted a checklist from the Corps of Engineer's and had their environmental person confirm there are no wetlands. The applicant has added a tree preservation easement and a note that no trees shall be removed from within said tree preservation easement unless approved by the City of Fairhope. Wetlands (Article V Section F) and Erosion and Sediment Control: Per Kim Burmeister, Code Enforcement Officer, Web soils indicated alluvial soil, a soil associated with a natural drainage area or stream. This site is within the Cowpen Creek Watershed. The applicant shall identify any natural features of the site, including, but not limited to wetlands, tributaries, streams, and natural drainage features. All required buffers and sign age shall required as per the City of Fairhope Subdivision Regulations (Article V Section F, Stream Buffers. The applicant has identified the stream buffer and has added the buffer signage on sheets C2 and CS on the construction drawings. Notes have been added to the Plat regarding the buffer but did not specify the regulation and allowed uses within stream buffers. The applicant has added notes to the construction drawings (B2 and D1) stating that red soil and clay is not allowed within 100' of critical areas, including wetlands and streams. 4 SD 19 .15 Longbranch Sub. -April 1, 2019 The applicant has stated that no wetland s are on site. Silt fences shown on the Best Management Plan (Sheet C2) sha ll be Type A. The applicant ha s corrected sheet C2 to show Type A silt fences . On Page D-1, Pond Construction, the applicant shall note that red soils and clay are not allowed in pond construction. The applicant has added the note to sheet D-1. Applicant sha ll provide the ADEM registration number (required prior to permitting). Flood Prone Areas (Article V, Section F.5.e-f.}: The City of Fairhope Building Official, Mr. Erik Cortinas, provided the following comments: "This area carries a lot of water along the west si de. It is not on the flood maps but we know there are drainage issues there and the engineer n eeds to perform a detailed flood/drainage study. Also drop in elevation approximately 10' from front to rear and will be up against the area that "floods" on the rear property lines." A drainage study was provided in the drainage calculations. Erik Cortinas has reviewed the drainage study and has accepted what they applicant has sent. Landscape Plan: The landscape plan has been submitted and approved. The applicant has revised the plans to include a walkway around the detention pond. Tree Survey: The applicant has submitted a tree inventory as per Article IV section C 1.b.(13), Tree protection plan shall be submitted for all required street trees or trees over 24" DBH Tree protection fences shall be installed prior to land disturbance activities (See Appendiz G of the City of Fairhope Subdivision Regulations). Staff asked if the applicant explored saving the tree at the intersection between the neighborhoods. Staff also requested the applicant provide a preservation buffer for the trees along the back of lots from lot 4-14 with a note on the plat that trees shall not be removed unless they are dead, dying or show the presence of termites. The applicant added a note that "no trees shall be removed from within the said preservation easement unless approved by the City of Fairhope." The applicant states "We did look at the tree at the intersect ion of the neighborhoods and concluded it could not be saved. Sidewalks have been routed around live oaks at the neighborhood intersectio n . A 10' tree preservation easement has been added to the north side of lot 14. Also a 20' tree preservation easement has been added to the east boundary of the property." Streets/ Traffic: Th e neighbors are concerned with the construction traffic. As staff understands it, construction traffic will come off County Road 44. The applicant states Sheet Cl has a note calling for a traffic barrier fence to prevent construction traffic entering/exiting through Sedgefield. The applicant shall provide a speed limit sign in the transition area from Sedgefield. The speed limit sign was added. Mr. Richard Johnson, Public Works Director, reque sts the applicant accommodate existing storm water drain in the road design (this is in the Sedgefield area). Mr. Richard Johnson verbally verified with staff that the applicant's revision of this item was to his satisfaction 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. The future through street sign ages is shown on sheet CS and is added as a note on the plat. 5 SD 19.15 Longbranch Sub. -April 1, 2019 The applicant has provided traffic verification that no traffic study is required. A traffic count and justification regarding the requirement for a traffic study ha s been reviewed and approved by Mr. Richard Johnson, Public Works Director. Mr. Richard Johnson confirmed that traffic calming should be considered at this location . As proposed , it is an extremely long stretch of road without a traffic calming device. Any proposed calming device shall meet the approval of the Public Works Director. Th e Public Works Director and the Planning Director prefer to see a traffic circle in this location as opposed to the speed humps. The applicant provided a speed hump. The applicant did not provide a detail of the speed hump. Mr. Richard Johnson requested the applicant provide a stand alone detail of the speed hump prior to pre-construction . Sidewalks : The development has provided sidewalks for the development itself, but not the sidewa l ks along Twin Beech Road. Staff is in discussion with the applicant regarding the reason for this. Lighting Plan: The plan was reviewed by Mr. Mike Allison. He had no comments regard ing the lighting. According to Article V Section D 3 (f): f. 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 Electric al Superintendent. Pole height shall be no more than 15 feet from finished grade . The type and style of li ghts 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 responsibility shall be noted on the plat. Water and Sewer: Water and sewer shall meet the City of Fairhope Water and Sewer Specifications. Mr. Richard Peterson acknowledged to staff that the required forms relating to water and sewer justification would not be neces sary due to the applicant selecting a gravity system. However, he has concerns over the depth of the sewer. Th e applicant shall address his concerns (see PPl). The applicant has stated the following: "Spur Avenue has been raised in order to sha ll the depth of the gravity sewer system. Waiver Requests: An application is required for any waivers to the subdivision regulations as per Article VII of the City of Fairhope Subdivision Regulations. The applicant has not provided a w ritten waiver request and has confirmed that no waivers are being requested? Flow Model: A flow model ha s been submitted, reviewed and approved by Mr. Richard Peterson, Director of Operations. Fire Hydrants: Fire hydrants shall be located at every intersection and every 450 feet. Mr. Peterson has reviewed and approved the fire hydrant locations. Other: Any applicable outside agency permits shall be obtained. The subdivision regula~ions contain the following criteria in Article IV.B .2. Approval Standards. 6 SD 19.15 Longbranch Sub. -April 1, 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 . Recommendation: Staff recommends approval of the application contingent upon the following conditions: 7 1. Conditional Annexation and Zoning approval from the City of Fairhope City Council. 2. The applicant shall provide a stand-alone detail of the speed hump prior to pre-construction. 3. A note shall be added to the plat specifying the regulation for the buffer and allowed buffer uses within the stream buffer. 4. Verification of the gopher tortoises being provided. 5. Applicant shall provide the ADEM registration number (required prior to permitting). 6. Resolution regarding the need for sidewalks along Twin Beech Road. SD 19.15 Longbranch Sub. -April 1, 2019 Summary of Request: Public hearing to consider the request of S. E. Civil, LLC on behalf of property owner Roberds Bros. LLC, for a request for approval of C. Roberds Office Building, a 9-unit multiple occupancy project (MOP). Subject property is located approximately 1,000' south of the intersection of State HWY 101 and State HWY 181, fronting upon the west side of HWY 181. Subject property consists of approximately 1.62 acres. Mr. Larry Smith, PE of S.E. Civil serves as the engineer of record (EOR) for subject application. Comments: MULITPLE OCCUPANCY PROJECT 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 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. 2 Article IV, Section B.la-b. Pre-application Conference and Comm uni ty m eeti ng a. Pre-App lic atio n Conference -A ll app li cations for major subd iv isions, village subd iv isions a nd Multiple Occupancy P rojects must atte nd a mandatory pre-application co nference with City staff prior to making appl icat ion so the developer may become fami li a r with the co mp re hensive plan and othe r rul es whic h may affect the development. A pre-application conference with th e Planning Director and/or his/her a uthori zed agent may be scheduled at the mutual convenience of both parties. b. Community Meeting -After the pre-application meet in g and prior to making application for a major subdivision , village Subd iv isions or Multiple Occupancy Project the applicant must cond uct a community meeting to so lici t publi c input. (I) Notice of Comm uni ty Meeting -The app li cant s ha ll notify all persons owning property adjace nt to an y specific property that is the s ubject of the a ppli cation stating the date , ti me , location , n atu re and s ubject of the meeting. T he location of the m eetin g s hall be at a public facility unless t he location of the d eve lopment makes a pub lic faci li ty impracticable . Name s and add resses shall be from the latest reco rd s of the co un ty r even ue office an d accuracy of the list s ha ll be the app li cant 's responsibi li ty. Where land adjacent to the s ubject prope1ty i.nvo lv es leasehold prope1ty, the names and addresses of t he la ndo wner and the leaseho ld improvements s hall be notified . Upon ap pl ication for a major s ubdi vis io n, village subd ivi s ions and Multiple Occ up ancy Projects , the fo ll ow in g commu nity meeting info m1at ion must be provided : i. Copy of noti ce mailed to neighboring properties fo r the com munity meeting stati ng date, time , location , nature a nd subject of the meeting . ii . Co py of site plan or other descri pti ve information discussed iii . Attendance sign in sheet. iv . Meeting minutes ON/A I □Accepted I IZIRevise and Resubmit per comments Comments: Meeting minutes oftlte required communi(JI meeting was not included with subject application. Please provide asjollow-up correspondence to these review comments. Engineer of Record (EOR) indicated via follow-up correspondence the community meeting minutes will be furnished via follow-up correspondence, and the community meeting will occur prior to the April 1, 2019 planning commission meeting at which subject application will be heard. Article IV. Section C. J. b. (8) Plan and profil es of a ll proposed ut ilitie s with connect io ns □NIA I □Accepted I IZIRevise and Resubmit per comments Cross Refe renc e: Approval ofprivate utili ty con nections for water and se ·wer shall be subje ct to the standards of Article Vlll, Sections E. and G., respe ctively of the Fairhope Subdivision R egulations , and Chapter 12 of the Code of Ordinances of the City of Fairhop e. Comments: This review assumes the subject property will utilize a commercial waste service or Baldwin County Solid Waste.for its solid waste disposal services. Please refer to Article VI, Section H. for detailed sewer system comments. Plans mu/ profiles of a gravity sewer jystem, or request.for approval of" low-pressure sewer system are not i11cluded with subject "Pplication . Staff requests tlte applicaut contact Fairhope Public Utilities (FPU) Director of Operatiom· Richard Peterson for follow-up discussion regarding sewer service to subject properf). FPU sewer service is available in the vicinitv of subiect propertv. EOR verified via follow-up correspondence SD 19 .16 C. Roberds Office Building -April 1, 2019 3 FPU intends to install sewer service in the HWY 181 ROW to service subject property. As a result, drawing C04 now reflects a plan view of a gravity sewer system brought to the edge of the HWY 181 ROW. Due to the gravity sewer's 6" pipe size a profile drawing is typically not included, and this review assumes any follow-up correspondence of a routine nature required for the sewer system will be submitted directly to FPU and reflected on as-built drawines. Article IV, Section C. J. b. (11 ) Flow model data submitted to the standards of the COF Water Depa11ment. □NI A I □Accepted I IZIFollow-up COITespondence requested Comments: As a condition of approval, please provide the required flow model for subject property Ollce tlte new 12" water main is installed near subject property. The EOR responded this information will be supplied as follow-up correspondence. Article IV, Section C. l.f Phased development: where a phased development is proposed , the preliminary plat shall include al l phase lines and a master plan showing the continuity of development proposed for the entire project . Each phase shall satisfy the requirements of these regulations individually. □N I A IZIAccepted with comments, note □Revise and Resubmit per comments condition of approval Comments: Proposed development consists of two phases clearly identified on drawing COl. As II condition of approval, an as-built set of all co11structio11 documents related to Phase 1 shall be fumished, with the engineer's certificate included 011 tile cover page once the struct11,-es at1d all site improvements associated with Phase 1 have attained Certificate of Occupancy. The Cit'!!. o[Fair/1011.e resen1es tlte rig_l1t to modifv tlte submission reg_uirements of this closeout item <ti the direction of the Pla1111inf! Director. Acknowledeed by EOR. Article IV, Section C.J.k. County Engineer Correspondence ln the case of applications for a preliminary plat outside the City limits but within the jurisdiction of these regu lations, t he applicant sha ll be required to submit evidence in writing that plans for the subdivision sha ll have been received by the County Engineer for his/her review . □NI A I IZIAccepted with comments I □Revise and Resubmit per comments Cross Reference: Article V, Sec tion A. Wh en lands pr opo se d to be subdi vided li e out side th e co rp orat e limits of th e City, th e minimum des ign standards of Baldwin Coun ty shall apply when such standards ar e mor e restrictive than thos e of th e City. All appr ovals of th e Commission shall be subj ec t to th e more restrictiv e requir ements of Baldwin County and th e appro val of th e County En gin ee r shall be a conditi on pr ecedent to appr oval for constru ction of imorov ements . Comments: Subject application is an MOP, not requesting plat approval for which the County Engineer must review and approve. As a condition of approval, a re-plat of subject proper(v is required reflecting the appropriate 20' and ALDOT setbacks, as well as 15' drainage and utility easements for the site. The EOR correctly noted that 15' drainage and utility easements are included in Article V, Section "E" of the subdivision regulations, however MOP requirements only include Article V, section "F" of the subdivision regulations, and as a result the 15' drainage and utility easement(s) are not applicable. The 20' setback required for MOPs is identified clearly on the site plan and is sufficient for the purposes of this MOP application and a separate re-plat is not required. Article IV, Section.D.1.b . (4) Final Plat and Final Plans showing a ll infonnation required by and meeting requirements of Article IV ., Section C. I . and the following additional information: ( 4) Street Tree Plan shall be submitted showing the location of a l I planted street trees. □NIA I IZI Accepted with conm1ents I D Revise and Resubmit per comments Comments: T/ze planting plan depicted on drawing LP2 will be evaluated according tlte Landscape/Tree Ordinance. The plantings shown appear to substantially satisfy the street tree requirements of this section. As a condition of approval, d rawiog LP2 shall be modified to include the screening and buffering requirements of Tree/Landscape ordinance for incompatible use buffe1·s along the north and west property lines adjacent to single family residential properties. The applicant may use the val"ious options for screening and bufferin!! allowed by Tree/Landscape Ordinance 1444. Article JV, Se ction.D. l . b. (17) Final Plat and Final Plans showing all information required by and meeting re uirements of A11icle N ., Section C. l. and the followin o additional infon11ation: SD 19.16 C. Roberds Office Building-April 1, 2019 Submerged Gravel Wetland 80 Lnfiltration Trench 80 Gravity (Oil /Grit Separator) 40 Proprietary Structural Control Varies Dry Detention Basin 60 ON/A I □Accepted I IZIRevise and Resubmit per comments *Cross Reference: Section 20 .5-17 ( 1) and (2) Ordinance 1444 Tree / Landscape Ordinance R equired Native Plants for Bio Retention/De tention Us e Comments: No LID tec/111iq11esfor use on subject property are identified in the drainage narrative or 011 the various drawillgs included with the application. The dete111io11 pond appears to he a "dry detentiofl basin" which is an Ll.D technique. Please tJ"'mtify mul identify the LID tecltniques· utilized 011 su~;ect property. A bioretention area as well as a grass-lined swale is identified on drawings COi and CO2. The grass-lined swale appears to pre-filter the drainage entering the bioretention area. Article V, S ection F.11.f (1 )-(5) Reguired Use of Low lmQact DeveloQment (LID) Technigues (Continued) f. The following LID techniques are available for use by applicants given the particular circumstances and characteristics of the proposed subdivision: (5.) Grnss Swales: The City fmds that the potential benefits of grass swales are , among other items , in straining stormwater, providing limited quality tTeatments , while providing some moderate flow attenuation. Special design considerations are : Typically work best in smaller drainage areas where volumes are reduced , special consideration should be given in pervious soils, not recommended with high swell soils, should have low slopes, adjacent areas and layout should be considered in the design. Suggested characteristics where topography, soils, and slope pennit vegetated open channels and s paces should be considered as a significant or a primary means of stonnwater conveyance. ON/A I □Accepted I IZIRevise and Resubmit per comments Article V, Section F.ll.j{l)-(5) (continued) Comments: No LID tecltniquesj'or use 011 subject properly are identified in the t/r(li11age narrative or 011 the various drawings i11c/11ded with the applicatio11. The detention pond appears to be a "dry detention basin'' which is mt LID tech11ique. Please q11a11t~fj1 and ide11tW 1 the Ll.D techniques utilized 011 subject property. A bioretention area as well as a grass-lined swale is identified on drawings COi and CO2. Article VI, Section D . Construction Standards-Sidewalks Sidewalks 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 sidewalks, concrete sidewalks 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 designed and installed in accordance with good engineering practice. □N IA I IZIAccepted with comments I □Revise and Resubmit per comments Cross Reference: C hapter J 9 of the C ity of Fairhope Code ol Ordinances , as amended. Comments: The applicant is advised the Planning Commission may require, as a condition of approval, that sidewalks, or a sidewalk easement is fumislted a/0112 the AL HWY 181 ROW. Article VI, Section H Construction Standards-Sanitary Sewerage I. 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 within a subdivision and all sanitary sewer systems constructed outs ide 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 Department. 3. Individual septic tank type s ystems that have been approved by the Baldwin County Health Depariment and the Fairhope Public Utilities Sewer Depariment may be utilized . □NIA I □Accepted I IZIRevise and Resubmit per conn11ents Cross Reference: Standard Specifications for C onstructi115< Sanitar y Se wer Facilities and Water Facilities 6 SD 19.16 C. Roberds Office Building -April 1, 2019 Also note that the Property Owners Association met on March 10, 2019 and voted unanimously in favor for the subdivision to be along Dovecote Ln. to prevent harm to the live oak trees and stone wall that are along Taylor St. The subdivision regulations contain the following criteria in Article IV.B.2. Approval Standards: "2. Consistency with Plans, Regulations and Laws -The Planning Commission shall not approve the subdivision of land if the Commission makes a finding that such land is not suitable for platting and development as proposed, due to any of the following: a. The proposed subdivision is not consistent with the City's Comprehensive Plan, and/or the City's Zoning ordinance, where applicable; • Meets 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; • Meet, c. The proposed subdivision is not consistent with these Regulations; • Meets d. The proposed subdivision is not consistent with other applicable state or federal laws and regulations; or • Meets e. The proposed subdivision otherwise endangers the health, safety, welfare or property within the planning jurisdiction of the City. 11 • Meets Recommendation: Staff recommends approval of SD 19.17 cond ition al upon the following: 4 1. Recommendation of approval of Waiver request from t he Subdivision Regulation Article V Section E.3.a be approved. SD 19 .17 Replat o f Lot 1, Tay lo r Oak s-April 1, 2019 Comments: No sidewalks are in place along Mobile Street or Davis Lane in lite vicinity of subject property. The applicant is advised; ltowever, tile Planning Commission may require sidewalks or a pedestrian easement as a condition o a roval. Article IV, Section C.1.c . Street Plan Requirements: (I) Location of existing and proposed streets within and adjacent to subdivision (2) Widths and purpose of existing and proposed rights-of-way (ROW) and easements (3) Clear identification of ROW and location of any street included in Master Plan (4) Proposed curb radii for each street intersection or significant street curves (5) Proposed street names (6) Typical section for proposed streets, centerline profiles of all proposed streets with finish grades, at a scale of: l "=50' horizontal and 1 "=5' vertical , or 1"=100' horizontal and l "= 10' ve1tical □NIA I □Accepted i lZIRevise and Resubmit per comments Comments: Please see Article V, Sectio11 E.3.a. for comme11ts related to the requirement lltat al/ lots front upon a paved, publicly-mai11tained street. The applicant submitted a waiver request requesting relief from this section . Further, the applicant proposes to utilize the lower 15' of the 30' ROW along Davis Lane/Drive to create a driveway for access proposed Lot 3. Article IV, Se c tion C.1.d. Drainage plan prepared by professional engineer, including proposed method of stonn water detention and means of controlling erosion during construction. Any portion of the land in the proposed subdivision 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. Storm-water detention facilities shall be shown in the plans and calculations provided. □NIA I □Accepted I IZIRevise and Resubmit per comments Cross Reference: Article V, S ection F.3 .a., b., and c. Comments: Staff requests <t drainage plan for the site -staff is aware of existing drainage issues in tile area of mbject properly and is requiring a drainage plan as a compo11e11t of tlte subdivision process. Please see Article V, Section E.3.a. for additional comme11ts. The applicant re-iterated in their follow-up correspondence that 15 ' drainage and utility easements as required by the various portions of the subdivision regulations are included on the preliminary plat. The applicant further noted the applicant 's desire to work with the City of Fairhope regarding drainage improvements. The position of stf~fJ is //,at drainage improvements to the soutl,em terminus of N. Mobile Street are necessary and plaus aud profiles of drainage improvements are required with subject applicalio11. Tlte stajf recommemlalio11for case number SD 19.18 shall be to "table" the applicatio11for further study so tllat drni11age aud other mallers may be resolved and a possible cooperative installation of improvements between tlte Citv of FairltoJJe and the develooer mav be arrm11!ed. Article IV, Section C.1 .g. State or County ROW detailed highway improvements plan: □N I A I IZIAccepted with conm1ents I □Revise and Resubmit per comments Comments: Tl,e EOR provided correspondence indicating the trip generation of the site does not warrant a traffic study, mu/ therefore does 1101 warrant a ROW improvement plan based upon trip f!enerntion. Article V, Section E.3.a. Lot Standards -Lot Access a. Except as provided Ln Section D.6., all lots shall front upon a paved, publicly maintained street. Double fronta 0 e lots are rohibited , exce t where lots consist of more than 66% of a block. □N I A □Accepted IZ!Revise and Resubmit per comments Comments: Proposed lots do 110/fronl upon paved, publicly maintained streets. Though Davis Lane is sltown on Lile Baldwin County Revenue Commission map viewer as a ROW, tJ,is lane has not been accepted for mai11te11a11ce by the City of Fairltope. Further, the applicatio11 does not reflect any documentation reflecting bona fide access to Davis La11e from lot 3 . Please clarijj, tlte access and allowable use of Davis Lane to access lot 3, i11c/udillg an; quiet title actions required to demonstrate the access is allowable. Ill addition, 110 roadway or drainage improvements are included iu tlte application related lo Mobile Street or Davis lane as required by this section. It is ossible the Pla1111in° Commission may a rove" waiver rom tlte aved com 011enl o this section in an e ort 3 SD 19.18 Resubdivision of Lot 4 Echo Bay -April 1, 2019 Buford King From: Sent: To: Cc: Subject: Attachments: Watson, Kenneth <kwatson@joneswalker.com > Monday, March 25 , 2019 12 :15 PM Buford King Wayne Dyess RE: Lot 4 Echo Bay Subdivision legal vetting Bay Echo Plat highlighted (MB336010 xB9979).pdf Buford: Following up on our discuss ions , I write to summarize my observati ons about legal access to Lot 3 of the proposed resubdivision of Lot 4 of Bay Echo Subdivision from Gayfer Court across Davis Lane . I have reviewed the materials you provided and conducted some supplemental title research, but I have not conducted exhaustive research . I have limited my work and research consistent with the City's desire to manage legal fees and also because of our view that in situations like this-where substantial research is needed-the primary responsibility for such research (and associated legal expenses) should be on the developer, and not the City . In short, my con clusion is that while there is some record evidence, which when considered along with circumstantial evidence, suggests that legal access to the property comprising Bay Echo from Gayfer Court via Davis Lane was intended by the parties owning and developing this area over the years, no conclusive record evidence has been provided (and I located none in my research) establishing legal access, much less establishing whether access was intended to be by private easement or public street. Nor does the evidence establish wh at access exists today (as opposed to what may have been intended in the past) and whether rights which may have been intended or existed in the past have been modified or lost through abandonment or established or re-established by prescription. In these circumstances , I would support a staff recommendation to the Planning Commission that this app lication be tabled so the developer can further research this issue , or if the developer insist on being heard now that the application be denied for lack of access via a public street to Lot 3 . I attach hereto the slide for the Bay Echo SubD on which I have highlighted in color certain areas in or around Davis Lane which may be helpful in understanding the observations below that support my conclusions. 1. It is likely that the primary reason we do not have better evidence on the point in question is that when the Effie Keller "subdivision '' was created in 1953, the survey thereof cited in several later deeds apparently was not recorded. That subdivision was the eight lots shown on the attached plat lying east of Bay Echo and west of Gayfer Court. The 30 foot ROW easement shown as Davis Drive is referred to in several deeds, but is not expressly identified as a public road and those deeds do not expressly say in whose favor the easement runs (although clearly it ran in favor of the eight lots). 2. The area shown in blue was conveyed to the City by QCD in 1985 by the then owners of the eight lots in the Effie Keller SubD. If this was already a public road running from Gayfer to the Bay Echo SubD there would have been no reason for this conveyance. Moreover, no evidence has been provided that the City actually accepted this conveyance, by ordinance or by implication (e.g. by improving, maintaining , and use of the road by the public). Even if it was accepted, it would only establish that a public street exists in the first 100 feet of Davis Lane departing from Gayfer. 3. The area marked in orange was vacated as a public street by ordinan ce in 1996. Obviously , there would be no reason to vacate unless that area was part of a public road, or at least someone believed it was or may be a publi c road. Likewise, there would be no reason for the area vacated (or the for the 30 wide strip extending southward into the Lot 3 in question to be platted as a ROW easement) unless there was some access across Davis Lane to Gayfer . Otherwise that 30 foot ROW easement on the eastern margin of Bay Echo would have been an island, i.e. would have been a ROW easement or street to nowhere . 1 4. In 1954 Davis conveyed a 5 foot utility easement to the City. That easement runs westward from the boundary between Effie's SubD and Bay Echo, and lines up with th e northern 5 feet of the 30 foot ROW easement known as Davis Lane. The Bay Echo plat also shows water and gas lines on the northern margin and within that 30 foot strip . I did not locate a similar easement from Effie to th e City and none was provided. This suggests, but does not establish, that the 30 foot strip was already considered public and thus the City did not need an easement until it got to the boundary between Effie's SubD and Bay Echo. 5. The 1943 deed into Effie provided for access across her property to the land which became Bay Echo, but that access was via two 15 foot strips, one on the south margin and one along the north margin. It seems apparent that changed, and likely when Effie developed her "subdiv ision " around 1953, and likely changed to the 30 foot strip now called Davis Lane. However, it also appears that no conveyancing documents or plat/survey to establish that right at all, nor to iden tify it as a private easement or public street, was filed for record in probate court. 6. Neither the documents provided nor those I located in my research, disclosed any express conveyance or even reference to the area I hav e highlighted in yellow as a public street, or even a private easement running in favor of the land which became Bay Echo. There are other documents and circumstances that feed into this analysis, but the highlights are discussed above (thi s really is a summary). In sum , the neither the documents provided or those I located establish that the entirety of Davis Lane ever was or is today a public street, or even a private easement running in favor of the Bay Echo property. My best judgment is that with much more research, and perhaps then litigation, some type of access from Gayfer across Dav is Lane to the Bay Echo property probably would be established, but whether that access would be determined to be public or private, or arise by express grant, implication, or prescription is uncertain. In these circumstances it cannot be concluded that the proposed Lot 3 will front on a public street and thus on the evidence now before my recommendation would be to table for further study or to deny this application. As always, please let me know if you have questions or instructions . Ken Kenneth A. Watson I Special Counse l Jones Walker LLP D: 251.439. 7555 kwatson@joneswalker.com DISCLAIMER : The following message constitutes a confidential attorney -client communication . If you have received this communication in error, do not read it. It is not intended for transmission to, or receipt by, any unauthorized persons. Please delete it from your system without copying it, and notify the sender by reply email or by notifying the sender, so that our address record can be corrected . Thank you . Summary of Request: Public hearing to consider the request of Sawgrass Consulting, LLC on behalf of LA Development, LLC for final plat approval of Twin Beech Estates, a 72-lot major subdivision. The property is located approximately 0.2 miles west of the intersection of State Highway 181 and Twin Beech Road/County Road 44, along Twin Beech Road. The subject property is approximately 22.6 acres, with a development density of 3 .18 units per acre, 24% greenspace, a smallest lot size of 6,240 sf and the largest lot size of 13,548 sf. Subject property was annexed into the City of Fairhope and PUD zoning was established via City Council approval of Case number ZC18 .02 , Ordinance number 1627 on October 22, 2018 . Comments: The following items are excerpts from the various checklists utilized by staff to evaluate subject application 's compliance w ith the City of Fairhope Zoning Ordinance, City of Fairhope Subdivision Regulations and other relevant ordinances and are included here to provide relevant background and rationale behind staff's recommendation. Any items initially marked "revise and resubmit" have been cured by the notations in blue text . Any items marked in red text will be cured by conditions of approval, or in the case of a recommendation for denial of an application , provide rationale for the recommendation of denial. All Article, Section, and Paragraph numbers identified are references to the City of Fairhope Subdivision Regulations unless otherwise identified. Article IV, Section D.3. Staff Review 3. Staff Review -Appl ica nts for a final plat shall first submit the fina l plat and plans to the Planning Director and /or his /her authorized agent fo r stafrs review. The Director shall dete rmin e if the submittals meet all of the requirements of Section D. l ., above . Incomplete, partial , or inaccurate submittals will no t be accepted, but will be returned to applicant for re-submission for a lat er hearing. Staff shall review the application a nd provide comments to the app li cant. Following staff review and comments t he applica nt shall make a forma l app lication for submittal to and review by the Planning Commission . □NI A I □Accepted I IZIRevise and Resubmit per comments Cross Reference: Article IV, S ection .D. l. b. (19) Fina l P lat and Fi na l Plans Comments: For the applicant's i11formatio11, various sections of this review reflect a "revise and resubmit" comment. Revise and resubmit comments are cured by notations in blue bold text. Article IV, Section .D.l.a. Maintenance Bond a. E ither a financial guaranty (i n th e fo rm of a maintenance bo nd ) in an amount and form acceptable to the C ity Co uncil as a g uarantee fo r the in stall atio n of requi red improve me nts o r the determin atio n of the C ity's General Superintendent t hat a ll requ ir ed impro vements have been installed to the C ity's requirements. □N IA I □Accept ed I IZIRevise and Resubmit per comments Comments: A letter for credit for $130,000.00 from Merchants and Marine Bank is included in the application, however a maintenance and guaranty agreement was not included as well as the engineer's estimate of the cost of improvements from which the $130,000.00 amount was derived. The Engineer of Record's (EOR) follow -up submittal included a maintenance bond in the amount of $191,934 .60, the engineer's cost estimate PE-stamped by the EOR, as well as the maintenance and guaranty agreement in favor of the City of Fairhope for $191,934.60 . The improvements identified i n bond number 9309054 include grading & drainage, roadways, water system, and the sewer system (includine the sewer lift station). Article I V, Section.D. J .b. (4) Fi nal Pl at a nd Final Plans s howing all infonn ation required by a nd meeting req ui rements of A ttic le IV., Section C.1. a nd the fo ll ow in g addi tio nal information: ( 4) Street Tree Pl an sha ll be submitted showing the location of a ll vlanted street trees . □NI A IZI Accepted with □Revise and Resubmit per comments comments Comments: Landscape planting plan LP 100 includes the lo cation of all s treet tr ee to be planted. See section Article VI, Section L. for comme11ts related to the performan ce bond required for remaininf! street trees. 2 SD 19.20 Twin Beech Estates -April 1, 2019 A rticle JV, Section.D. l.b. (9) Final Plat and Final Plan s showing all information required by and meeting requirements of A1ticle IV ., Section C.1. and the following additional information : (9) Where streets stubs are provided, said stubs shall provide access to abutting prope1ti es . The app li cant s hall include a note on the plat providing notice that sa id s tub shall provide future access to abutting prope rties. □NIA I □Accepted \ IZI Revise and Resubmit per comments Comments: Please add this uote to the plat -tlte stub street is easily identified but requires the note 011 tlte plat re,111ired by this section. Note number "9 " on the final plat has been added as reauired by this section. A rt icle JV, Seclion.D. J .b. (17) Final Plat and Final Plan s showing all information required by a nd meeting requirements of Artic le IV., Section C.1. and the following additional information : (17) Maintenance Plan for maintenance of detention facilities during development and d ocuments providin g for continued maintenance after comp letion of development and sa le of all lots. Such documents running as a covenant with the lands . Note the five (5) year inspection cycle in lieu of three (3) years. □N IA I □Accepted I IZI Revise and Resubmit per comments Cross Reference : Article V, Section F.3.a. (3) Article Jv, Section.D.l.b.(17)(continued) Comments: Please revise paragraph "3" of the agreement as well as the statement 011 the cover of the O&M plan to reflect a.five-year inspection report cycle.for drainage facilities. Revisions have been made to the O&M plan and agreement as requested. Please include a copy of the executed and recorded O&M Plan and agreement alone with the city 's coov of the final plat once the final plat is recorded. A rticle I V, Section.D. I. b. (18) Final Plat and Final Plan s showing all information required by and meeting requirements of Altic le IV., Section C. l. and the following additional in formation: (] 8)The engineer shall perform the s upervision of construction, the final plat s hall have the following engineer's ce1tification: □NIA "ENGINEER S CERTIFICATE'' "I, the undersi g ned , a Registered Engineer in the State of Alabama holding Ce1tificate Number ___ ., hereby ce1tify that l have designed the within improvements in conformity with applicable codes and laws and with the principal s of good engineering practice. I further certify that I have observed the construction of the within improvements , that the same confonns to m y des ign , that the w ithin is a true and accurate representation of improvements as installed and that said improvements are hereby recommended for acceptance by the City of Fairhope, Alabama. Project Engineer Date Name of Project to which the Ce1tificate Applies Pl a ns which a re ce1tified consist of Page __ tlu·u , each of which bears by seal and s ig nature .' I □Accepted I ~Revise and Resubm it per comments Comments: Please re-word the engineer's certificate 011 the cover of the as-built plans to match the wording of the cert(ficate in tit is section. Further, add the e11gi11eer's certfficate to prelimiuary plat as required by this sectio11 . Certificate re-worded as requested on cover of as-built drawings, ce11ificate added to final plat as requested . Article V, Section D.3 ..f Street Standards -Street Layout 3 a. Street lights -Street li gh t s are to be paid for or installed by the developer at th e time of development. Street li ght s shall be approved by the Planning director and/or hi s/her autho rized age nt and the Electrical Superintendent. Pol e hei ght sha ll be no more than 15 feet from finished grade. The type an d style of lights and poles will be detennined and agreed upon by the developer and the utili ty provider. All other approva ls, including the design l ayo ut of street light s, will be gra nt ed by the electrical superintendent. The utility provider shall be res ponsibl e for the in sta ll ation and maintenance of the street light s. Outside th e City of Fairhope the homeowner 's association will be respo ns ibl e for the maintenance , if applicable , and energy costs of the li g ht s and this responsibililv shall be noted on the plat . ON/A I □Accepted with comments I ~ Revise and Resubmit SD 19.20 Twin Beech Estates -April 1, 2019 Cross Reference: Article IV, Sec tion C 1. b. (12) Street lighting plan Comments: As of March 7, 2019, street lights are 1101 installed. A quotation for aid-to-construction fees from Baldwin EMC is included in the application, but 110 documentatio11 (copy of paid invoice) is included. Please provide docume11tatio11 that all necessary fees have been paid to Baldwin EMC related to i11stallatio11 of street lights. An invoice from Baldwin EMC for streetlights was included as follow-up correspondence . Further, streetlight installation is in progress at the time of this writing . Article V, Section D. 5.a. (8) Street Standards -Street Design -General Requirements -Street Trees Street trees shal l be planted on center in a ll planting strips according to the following: (a) All trees shall be at least 15 ga llon s and /or I .5'' to 2 .5" in diameter when planted; (b) Trees sha ll 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 10 feet; (c) Tree species and tree placement shall be approved by the City Horticulturist ; (d) All trees shall be pruned so that no fo li age , 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 well s along the curb so that trees may be planted in conformance with these requirements. □N I A I □Accepted with comments I ~Revise and Resubmit per comments Comments: A subdivision performance bond and agreement is not included with the.final flat application to cover the installation of the required 15-gallon street trees.for the development. Please furnish viafollow-up correspondence. A bond agreement was submitted via follow-up correspondence and included the engineer 's estimate of future improvements to be installed at a cost of $104,000.00. As a result, the letter of credit is in the amount of $130,000.00, or 125% of the cost of the improvements to be installed . Article V, Section 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 develoQer max: have the flexibilit:i:: to construct the sidewalks within 2 :i::ears of final Qlat aRQroval. A letter of credit guaranteeing the construction for 125% of the engineer 's estim ate is required . At the end of2 years , all sidewalks shall be completed by either the developer or City, using the letter of credit. The areas in which the sidewa lks wi ll be poured shall be graded and compacted at th e time the subdivision infrastructure is constructed . The pedestrian area shall be des igned according to the following minimum standards: a. All streets suppo1ting residential land uses shal l have a minimum 5-foot wide sidewalk on each side of the street with the back edge of the sidewa lk being the edge of the right-of-way. b. All streets suppo1ting 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 s uppmiin g non-residential land uses including commercial , office, and mixed-use villages shal l have : (I) a minimum 15 ' wide s id ewalk, with tree wells according to Alticle V ., Section D.5.a.8.(e) on each side ofthe street; or (2) a minimum 10 ' wide sidewa lk and minimum 6-foot wide planting strip on each side of the street. d. S id ewalks sha ll 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, Se ction D. 6. Street Standards -Pedestrian Area Design Standards (continued) e . S id ewalks s ha ll be constructed of a minimum 4" concrete surface meeting City construction standards . Where appli cable, s id ewalk materials shall be used and constructed to encourage maximum tree preservation . f. Streets in rural and agricultural subdivisions meeting all requirements of Art icle V ., Section D.7.c . and d. are not required to provide sidewalks . g, Where aoolicable, sidewa lk s shall be configured in a manner that provides for maximum tree preservation. □NIA I □Accepted with comments I IZIRev ise and Resubmit per comments Cross Reference: Article V. Section D.5.a.8.(e) and D. 7.c and d. Comments: Sidewalks shall be installed wit/tin two years offinal plat approval as included in the recitals of the subdivision bond agreement, however neither ll subdivision performance bond or a subdivision performance bond agreement was furnished with the .final plat application. A bond agreement was submitted via follow-up correspondence and included the engineer's estimate of future improvements to be installed at a cost of $104,000 .00 . As a result, the letter of credit is in the amount of $130,000.00, or 125% of the cost of the improvements to be installed, was furnished by Merchants & Marine Bank. Article VJ, Section E. 6 . -8 . Construction Standards-Storm Water 4 SD 19.20 Twin Beech Estates -April 1, 2019 6. Warranty after Completion -All facilities subject to acceptance for maintenance by the public shall be watTanted 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 conform to all rules , regulations , codes , laws, and ordinances which may rea sonably apply thereto. Jn the event of conflict bet\¥ee n provi sio ns, 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: Citv Code Section 19-2(1) Maintenance Bond Comments: A letter.for credit for $130,000. 00.from Mere/um ts a11d Marine Ba11k is included in the application, howel'er a mailltemmce a11d guaranty agreement was not included as well as the e11gineer's estimate of the cost of improl'ementsfrom which the $130,000.00 amount was deril'ed. A bond agreement was submitted via follow-up correspondence and included the engineer's estimate of future improvements to be installed at a cost of $104,000.00. As a result, the letter of credit is in the amount ot'$130,000.00, or 125% of the cost of the improvements to be installed. Article VI, Section H Construction Standards-Sanitary Sewerage l. 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 within a s ubdivision and all sanitary sewer systems constructed outside of a subdivision but se rvicing a subdivision sha ll 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 Depa1trnent. 3. Individual septic tank type systems that have been approved by the Baldwin County Health Departm ent and the Fairhope Public Utilities Sewer Depa11ment may be utilized. □NIA I IZJAccepted with comments [ □Revise and Resubmit per comments Cross Reference: Standard Svecifications for Constructinf! Sanitarv Sewer Facilities and Water Facilities Comments: Please see the punch list that will.fol/ow under separate col'er regarding this item. For the applicant's information, a condition of approval will likely be recomme11ded by staff and will reflect a requireme11t tltat the warranty period Oil the l?fi station shall not begin until tlte lift station pumps are ill place anti connected to permanent power. Please provide rm installation schedule related to the lift statio11 -,rs of Marci, 13, 2019 no lift station installation appears to be initiated. The EOR submitted a waiver from the requirements of Article VI, Section "L" regarding the 90% completion requirements for subdivision final plat approval. During transmittal of the follow-up correspondence, the sewer lift station was delivered and installed. The wavier was submitted out of an apparent abundance of caution should the lift station installation, though imminent, was unexpectedly delayed. The staff report will not reflect a request for approval of the waiver since the lift station was received and installed. As a condition of approl'al, t!,e warranty period for tlte sewer l?fi station slta/1 not commence u11til the lift station pumps are installed in tlte wet well to the satisfaction of the Fairhope Public Utilities Water and Sewer Superinte11de11t. Article VI, Section K Construction Standards-Inspection of Lmprovements When all required improvements have been installed , the s ub-divider s hall call for a final inspection . The Planning Director and/or his /her authorized agent and other City Depa11ment representatives shall inspect the site to determine if the required improvements are satisfactorily installed according to plans , specifications , applicable laws and ordinances . To determine if the streets are installed to minimum standards. the sub-divider shall select an independent testing laboratory approved by the City to make the necessat:y tests. Tests shall be conducted at the expense of the sub-divider as required by Chapter 19 of the Fairhope Code of Ordinances. □NIA I ~Accepted with comments I ~ Revise and Resubmit per comments Cross Reference: Chapter 19 of the Fairhove Code of Ordinances (testinf{ requirements) Comments: Various test reports prepared by Geoco11 are included, however a cover letter, stamped by the testing engineer with a declaration indicating "tl,e roadway construction meets the requirements of the provided project plans'' is not included. Geocon (testing engineer) provided a revised test reports package that includes a PE- stamped cover includin2 the declaration described above. 5 SD 19.20 Twin Beech Estates -April 1, 2019 • meets Recommendation: Staff recommends APPROVAL of case# SD 19.20, Twin Beech Estates Final Plat con tingent upon the following conditions: 8 1) Completion of punch list items shall be to the satisfaction of City of Fairhope staff prior to placing approval signatures on the final plat. 2) The warranty period for the sewer lift station shall not commence until the lift station pumps are installed in the wet well to the satisfaction of the Fairhope Public Utilities Water and Sewer Superintendent. SD 19.20 Twin Beech Estate s -April 1, 2019 1 UR 19.08 Mini Cell Towers – April 1, 2019 Planning Commission April 1, 2019 Utility Review Case: UR 19.08 AT&T Mini Cell Towers Project Name: AT&T Mini Cell Towers Project Type: Utility Review Project Scope: Install 13 metered mini cell Antennas Jurisdiction: City of Fairhope Zoning District: ROW General Location: Areas throughout Fairhope Applicant: AT&T Owner: City of Fairhope Right‐of‐Ways Recommendation: Approve with Conditions Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of 12 metered mini cell towers in the Fairhope’s ROW and 1 metered mini cell tower at Volanta Park. The installation will be at several locations indicated on the map throughout Fairhope. These mini towers or cell antennas will be co‐located where possible and new poles installed where co‐location is not possible. I Mini Cell Tower Locat io Mobile Bay ? 2 UR 19.08 Mini Cell Towers – April 1, 2019 Comments: The proposed utility construction is consistent with previously approved AT&T UR cases that were designed for over build and anticipation of possible mini cell tower installation. 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. AT&T has been very cooperative, has attempted to the maximum extent practicable to co‐locate their antennas, and has been very receptive to all of staff’s comments. Site descriptions and locations (Please refer to the map on cover page): 1. Co‐location on existing utility pole near property corner between two houses. a. Equipment/antenna to be brown in color to blend with surroundings. 2. Co‐location on existing light pole at northeast corner of N. Section St. and Oak St. a. Equipment/antenna to be same color green as pole to blend with surroundings. 3. Replacement of existing light on the south side of Fairhope Ave. heading towards the pier. a. New light pole to be decorative and black in color. Must meet electrical superintendents’ requirements. 4. Co‐location on existing utility pole on west side of S. Mobile St. north of the American Legion. a. Equipment/antenna to be brown in color to blend with surroundings. 5. Co‐location on existing utility pole at the end of Kumquat St. a. Equipment/antenna to be brown in color to blend with surroundings. 6. New metal pole on Boothe Rd. south of Spring Run Dr. (No Co‐locate possible) a. Pole/equipment/antenna to be brown in color 7. New metal pole at Autumn Dr. and Greeno Rd. (No Co‐locate possible) a. Pole/equipment/antenna to be black in color. 8. Replacement of existing light at entrance to Spring Lake Subdivision. a. New light pole to be decorative and black in color. Must meet electrical superintendents’ requirements. 9. New metal pole on S. Section St. in front of City Services Public Utilities property. (No Co‐locate possible) a. Pole/equipment/antenna to be tan in color to blend with surroundings. 10. Co‐locate on light pole at Volanta Park neat stadium entrance. a. Equipment/antenna to be galvanized/silver to blend with surroundings. 13. New metal pole on Oakwood Ave. at the rear of Riveroaks subdivision on corner of common area. (No Co‐locate possible) a. Pole/equipment/antenna to be black in color. 14. Co‐location on existing utility pole on the northwest corner of Ingleside and Fairhope Ave. a. Equipment/antenna to be brown in color to blend with surroundings. 15. New metal pole on Morphy Ave. at the northeast corner of the Dollar General property. (No Co‐locate possible) a. Pole/equipment/antenna to be black in color. 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. 3 UR 19.08 Mini Cell Towers – April 1, 2019 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 the sidewalks. 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 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: 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. 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: BMP’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. 4 UR 19.08 Mini Cell Towers – April 1, 2019 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 19.08 conditional upon the following: 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. 3) The applicant shall follow the design/color for each site as dictated by staff per the “Site description and locations” section of staff report. 4) The applicant is responsible for any Aid to Construction costs for new utility poles needed to accommodate a co‐locate. 5) The City of Fairhope reserves the right to modify or add requirements such as but not limited to cut sheets of proposed poles/fixtures, additional drawings, site locations, design/colors, etc. 6) The City Council and AT&T sign a Lease Agreement for structure 10 located at Volanta Park on City of Fairhope owned property which is not a Right‐of‐Way. ** Staff conducted a Development Review Committee (DRC) meeting with applicant after initial review that went into great detail for each site. Every site was analyzed for possible co‐locations and areas that would have the minimal effect on neighboring properties. This meeting was recorded and a link to the video is inserted below. The amount of details for which each site was reviewed is too numerous to write in this staff report. The applicant took the information and recommendations from staff and revised their submittal to reflect the locations presented in this report. https://www.youtube.com/watch?v=QYsUHZ5kMwQ&list=PLEIyHeNjDeQCkYJrVSupwVTSKousr9qZA&index= 2&t=4s \ \ \ \ \ \ \ \ \ \ \ \ \ 9 8 7 6 5 4 3 2 1 15 14 13 10 Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, © OpenStreetMap contributors, and the GIS User Community Summary of Request: Request of Mediacom for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 1831 linear feet of TV cable with conduit within the City of Fairhope's ROW's. The insta llation will be a directional bore in the River Station Subdivision Phase Two. There will be 11 new pedestals following in line with power pedestals. Comments: The proposed utility construction falls within the Corporate limits of Fairhope . The comments below are typical genera l 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. 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. • Door hangers will be deployed by the app licant to advise residents of pending utility construction in their neighborhood. • Temporary construction sign age will also be placed in common areas off ROWs to advise residents of pending utility construction. SUPERINTENDENT AND DEPARTMENT HEAD COMMENTS The applicant shall contact Alabama One Ca ll 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 dripline1 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/handholes cannot be placed in the sidewalk. The applicant shall review the sidewalk plan to determine if there are any conflicts. The app li cant 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 i nstalled 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 app lic ant shall contact the Building Department for inspection prior to placing concrete. Code Enforcement Officers Standard Comments: 2 • The applicant, or subcontractor, shall obtain a ROW permit from the City of Fairhope Building Department prior to beginning work. UR 19.0 9 Med iacom -Apri l 1, 2019 • Subcontractors shall have a current business licen se with the City of Fairhope and sha ll have a copy of the ROW permit availab le 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 on l y be acceptable as temporary cover. • Sod shall be watered as needed to ensure survival. • Inlets shall be protected . • If site is w it hin 100 ' of a critica l 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 sha l l 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 perm it 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 comp ly with the Building Official's best practices flyer. Water and Sewer Standard Comments: • All existing utilities must be located, and proper separation shal l be maintained between utilities. • All mechanica l equipment sha l l be screened by pa i nting the equipment Munse ll Green . Natural Gas Standard Comments: • Contractor shall provide proper separation from the gas main and all other utilities. The appl icant is advised of the following: • No work shall beg i n until a ROW permit is issued by the City of Fairhope Building Department or other app licable jurisdiction (permit not valid unti l 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 . Th i s site shall comply with all State, Federal and local requirements, including, but not limited to the fol lowing City of Fairhope Ordinances : 1. City of Fairhope Wetland Ordinance (#1370), which regulates activity within 20' of wetlands . 2. City of Fairhope Red Soi l & Clay Ordinance (#1423), which prohibits the use of red soil/ clay within 100' of critica l areas. 3. City of Fairhope Erosion and Sediment Contro l Ordinance (#1398). State and Federal permits shall be on file with the City of Fairhope Building Department, prior to the issuance of City of Fa i rhope permits. The applicant sha ll provide as-built profiles of the installed lines, showing the exact depth . 3 UR 19.09 Mediacom -April 1, 2019 Recommendation: Staff recommends approval of UR 19.09 conditional upon the following: 4 1) The applicant shall follow the general comments related to utility work, as stated above . 2) Applicant and applicant's contractor shall fol low the Right of Way Installation Permitting and Work Procedures document provided by the Building Official. UR 19.09 Mediacom -April 1, 2019 Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 885 linear feet 2-1.25" HDPE conduits with fiber optic cable within the City of Fairhope's ROW's. The installation w ill be a directional bore beginning at an existing hand hole at 108 S. Church St. proceeding north to St. Jame s St, then west approx. 245' and across St. James St. Place a fiber enclosure at side of 19 S. Summit St. Th e project will require the installation of 2-30"X48" flush to grade handholes in the sidewalk on 5. Church St . 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. GENERAL COMMENTS No open trenches shall be allowed . Directional boring sha ll 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 sidewa l k 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 sha ll be compacted and the repair work shall be to the satisfaction of the Building Official or his designated representative. The applicant sha ll contact the Building Department for inspection prior to placing concrete . Code Enforcement Officer's Standard Comments: 2 • The applicant, or subcontractor, sha ll obtain a ROW permit from the City of Fairhope Building Department prior to beginning work. UR 19.lOAT&T-April 1, 2019 • 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 proj e ct. • 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 1001 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. 3 UR 19.10 AT&T-April 1, 2019 Recommendation : Staff recommends approval of UR 19.10 conditional upon the following : 4 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. 3) The proposed hand holes in the sidewalk on S. Church St. must be relocated outside of the sidewalk or provide supporting documentation that the vaults are ADA compliant. UR 19.10 AT&T-April 1, 2019 Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 1437 linear feet of fiber optic cable within the City of Fairhope's ROW's. The installation will be a directional bore of 2-1.25" HOPE conduit along the east side of S. Ingleside St. beginning at an existing hand hole on Morphy Ave to an existing handhole at Fairhope Ave. The project will require the installation of 3- 30"X48" flush to grade 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. 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 re view 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: • The applicant, or subcontractor, shall obtain a ROW permit from the City of Fairhope Building Department prior to beginning work. • Subcontractors shall have a rnrrent 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. 2 UR 19.11 AT&T-April 1, 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 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 19.11 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 lnsta/fation Permitting and Work Procedures document provided by the Building Official. UR 19.11 AT&T-April 1, 2019 Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 1564 linear feet of fiber optic cable within the City of Fairhope's ROW 's. The installation will be a directional bore along Mershon St. beginning at an existing handhole on the north side Morphy Ave to an existing hand hole at Fairhope Ave. The project will require the installation of 1-30"X48" flush to grade hand hole 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. 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 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: • 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 w i th 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. 2 UR19.12AT&T-April1,2019 • 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 utilities. • All mechanical equipment shall be screened by painting the equipment Munsell Green. Natural Gas Standard Comments: • Contractor shall provid e 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 critical areas. 3. City of Fairhope Erosion and Sediment Control Ordinance (#1398). 100' 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 the installed lines, showing the exact depth. Recommendation: Staff recommends approval of UR 19.11 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 .12 AT&T-April 1, 2019 MEMO Date: March 25, 2019 To: City of Fairhope Planning Commission From: Wayne Dyess, AICP, Planning Director Re: ZC 19 .05 Lot Definitions The City of Fairhope Zoning Ordinance does not currently contain a definition for waterfront lots. In order to establish a waterfront lot definition and provide clarity to prevent conflicting descriptions, staff is proposing the following text amendments: Front Lot Line: The lot line contiguous to the right of way line of the street on which the lot has least dimension. On an interior lot, the lot line abutting a street; on a corner lot, the shorter lot line abutting a stTeet; on a through lot, the lot line abutting the street providing the primary means of access to the lot; on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained; or on a waterfront lot, the lot line abutting the water. front Yard: A yard extending the full width ofthe lot and situated between the right of way front lot line and the frefit building line projected to the sidelines of the lot. For the ptlfpOSe of this ordinance, the front yard of waterfront lots is the yard that abuts the public right of way regardless of the orientation of the design of the structure. Frontage: The area of a lot made up of the front building fas;ade and any area between the front building fas;ade and the right of 1+vay front lot line or other public easement. Rear Yard: A yard extending the full width of the lot and the rear building line of the main building projected to the sidelines of the lot. On all comer lots the rear yard shall be at the opposite end of the lot from the front yard. Waterfront Lot: Any lot or parcel adjacent to Mobile Bay. Recommendation: Staff recommends to approve as presented. *Strikethrough indicates -.•.1ords to stricken **Underline indicates wo rds to be added Zoning Text Amendment PROPERTY ADDRESS: City-wide PARCEL ID : N/ A MASTER PLAN: N/ A ZONING DISTRICT: M-1-Light Industrial District REQUEST: Staff request the passage of an amendment to the Fairhope Zoning Ordinance, Article 111.B. Table 3-1: Use Table -Zoning Districts and Specific Land Uses. Specifically, to allow for a restaurant and accessory bar use as a special exception, permitted only on appeal and subject to special conditions, in the M-1-Light Industrial District. Uses permitted only appeal, subject to special conditions, means: 1. An application for appea l must be made to the Zoning Board of Adjustment (ZBA). The ZBA will hold a public hearing on the appeal. The ZBA's decision will be made in accordance with the standards in Article I1.C.3.e. 2. Special conditions contained in the Zoning Ordinance will be applied This amendment includes a secondary issue regarding restaurants . The term "catering" is not defined in the Zoning Ordinance. In accordance with the ordinance, you must find the most analogous use. A restaurant is the most analogous use to catering. Staff is also requesting that this amendment include a definition for "catering commissary kitchen" to settle this issue and provide clear and consistent guidance on this issue. RECOMMENDATION: Staff recommends to approve as requested . ATTACHMENTS: A. Proposed Amendment B. Industrial Development Board Meeting Minutes C. Staff Planning Commission Memo on M-1 Amendment D. Zoning Board of Adjustment Criteria for Appeal DISCUSSION: The Planning Commission recently heard a rezoning case (Case: ZC 19-03 The Hope Farm). The request was to rezone approximate ly 1.18 acres from M-1 Light Industrial District to B-2 General Business District, for the purposes of establishing a restaurant . The current Table of Uses in the Zoning Ordinance (excerpt below) does not allow restaurants or bars in the M-1 district. During the Planning Commission discussion, a specific concern was expressed about the lack of M-1 and industrial zoned property in the City. It was felt that the subject rezoning would further erode the limited supply of industrial zoned property in the City. The item was tabled for further discussion and consultation with the Indu strial Developm ent Board (IDB). Staff attended the January 21, 2019, IDB meeting and disc u sse d the rezonin g. The IDB held a detailed discussion about the rezoning reque st and indu strial zoned property in the City. The result of thi s meeting was a unanimous decision by the Industrial Development Board for the following recommendation: The re-zoning request should be denied and the Ml zoning designation in the City Ordnance should be revised to include restaurants and bars with the specific restriction of not allowing drive through service windows. This i ss ue was al so discu ss ed by the Planning Commission on seve ral occasions. A draft was presented for di sc ussion at the March Planning Commission (see attached). NEXT STEPS: The Planning Commission's recommendation for these propose d zoning text amendments w ill be forwarded on to the City Council for their action . The City Council is the decision-making body for zoning text amendments. ATTACHMENTS: ATTACHMENT A: PROPOSED ORDINANCE Thi s amendment includes three parts: 1 . Amendment to Article 111.B. Table 3.1 Use Table, to allow r estaurants and asso ciated bars only on appeal su bject to special conditions. 2. Amendment to Article 111.D . Special Conditions for Uses, to include sp ecials conditions for re staurants and ass ociated bars in the M-1 District. 3. Amendment to Article IX Section C. Defined Terms, to define the term "Ca terer Commissary Kitchen". Tabl~ 3-1 : Use table h!run5 l),<tntt 1 ::: L D:q,OCll!I I < ... ,., ,.; .,\ ~ di. S1k!cifk lh6 o ,..~ S~-t:umly • • • ro.0-an,1~ ro .. ~ • 1-'auo II "°"" MU IIJJl lf -u,:,111) I Apoinm.em M-.tlac.."UTed H<lme ~Y1-:tcd~ A~l>..,C!I~ c.<me (;1'-kc, El em-..%U'I s.:bon l • • Sec~ SC~oo l • • h~ht::atl.OC> ~°"l lnY . .. Libr.m, • • l'l.11,eoJ \\-~ Ci!nl ~ 0 0 0 ll m p1 r.1 I l'ubl:i<c 1Jt1"" SJ)(lrr "' • • Com:.,nr111 U .1>:n ~• • • • Ct'llli:mml i~ CC!ll<!rorCIIJb 0 0 0 l'Uttl<, Uti li l:}· ('!'!! u u u U l!loe trenl!li.l l L'rnt.,,.,.-m>.1 Ll nm e(J\!~n..-.. • " • ! K,,]~1 1 U~i!rf Cru""i!Ilte!n:I.! Su.~L! {fltth~nu r,1J.!rt.lwnd1 s..e S lu:Pt>m~ C o.n1or -1" .. Utmu,-mut:. ~!C f ~Iillll)U U uidan r Sn t,,.-l.Jm11.<,L o .uirl,1or Sil ltSi Len (anJc::,Ces>'..er S<!nl<I! 'Li!il~ille:'1:cnt l!r N u rs.:rru:~ Harnt u 0 0 Clm ii.1 u u u O ultloor Lt c..erbllu:-:> ~0<Ll 1ty u u V D._yC\J re 0 D D ~LL."171 1 .1-',t:nBtlal l ~l'\'l t-6 Mnnuory L'Ch:i:,,.<ra.l l k a.. A UIO IIU!ll<.le 1t<t-,11 r I~~ ltei!rf31i1l tl l )r, u,,imcr I l..allllilr', t>cr,,mul Sior.,g,, l~i>!I .Jil:. l ll\!ll:iosl Halcl I Motel 1-l uorctm.i: I 1,,,,L~ oo !Jllrmru:r, l_!e<rNbaruli \'clud<: hd.. l:t~mumnt Bur l!:nl t<!ldfl Ul!J<!llL 1/aiu e !iia.'ln.l K-e11 111!I rlrJ-\.n mml l ktspnaJ wacd1"""" J un k Yl>'d l>I" ~l•n.111' 'l'ar.:1 M,aJlll~ Linu!~ii Ll i!J ll lit!l<!rill ~ood l'r.:.:cm,,,i. Rimi! AJ;ncu.t:ure • fllITTl!MMk<!I • t•tum N"™""" • • l'~Wllc-!I s uhJ L'ct -..O ge-~rJ.1 ,x:J1~11 11.~~!11J1J..u ,d,~..:11 11di t,.:rr,~. :,. J!cr .. n it L~J ~~bj~&!t l~ :.p!'ci.JJ ctJ41Jb,111s U 1cd iu 1hc , rct,ri ixc 0 l'i:-nl.'ll!!L!ll m1I J L'it .::ii,ri ..:·.11 ~,uJ subjl! ·! 11 1 ~p 1..-,: i.J1 L\'HKl i tU."Cr.: .. -- ;,; ,.. ~ 1 ... :::: "' "" O! • • • • • • • ' ! • • • . • • • • • " • • • u 0 0 • • . • •· • u 0 u u 0 0 • -" •· 0 0 0 u u u u u u u u u ~ -,, 0.: .:, ::I • • • • " • ' " • • • . • • • • • • • 0 0 u u .. • • • 0 0 0 0 • • " • " • " • • • " . . • u u u u 0 0 u u u u 0 D • • 0 • • • • u u 0 • " u • • • u 0 ~ ~ (_. t, "' ;;, ]; -'.' > :, :Ji d: = ;, ;.; :.,. z ..I • • • • • " ·• " ' • • ! u u ' • ,.. • • • . " • ! ,.. , ' ! • • • • • • "' • • • • • • • • i • • • ·• • i • • • • • • • • • •· ., • u u 0 0 ()' 0 0 0 u · u u u j:l u u • • • • ~ • .• • • • • • e • • • 0 u u "-u u u 0 0 u ,l 0 0 0 el ~ • • • • ~ • • • • • • i: • • ! • ! ., • ' ! f: ~ • •· • . f . . • • • "2 ' • • • • "' ~ • • u u i • ! 0 u = 0 0 u LI B 0 0 0 i!,. u u ._, -;; :; u 0 0 0 " • • u u u ,, 0 0 u • u V u =1i u u -a 0 0 0 u ] ·• • • • • • 0 0 0 13 u V •.;a • • ";ii u u 0 • • s, ·• • u u " 0 0 .c -, 0 0 ~ V u • • -u • • • • E • • • • 3 • • ! , " ~ u • ■UI • • 0 • ~ ·• • V V :; u 0 0 0 u ~ V u u u -' . • 0 0 0 • • • • • • 0 • V Article 111.D. Special Conditions for Uses 11. Restaurants and Accessory Bars in the M-1 Light Industrial District. a. Intent: The intent of these special conditions for restaurants and associated bars in the M -1 Light Industrial District is to provide a method for re staurants to be permitted in the M-1 district that are consistent with b . Location Requirements: This is specific to the M-1 Light Industrial Distri ct only. c. Site Requirements: (1) Prohibition of drive th rough s. Restaurants shall not contain drive through windows or pick up windows. Restaurant must be a sit down style restaurant. (2) Restaurant must be farm to table concept with food grown on site used as ingredients. Food grown on site may be so ld to the public. * This limitation does not apply to the Fairhope Airport Authority. Article IX Section C. Defined Terms Caterer Commissary Kitchen: any person/entity who operates from a permitted food facility where food is prepared or stored then delivered and/or served at an off premise catered function. Strikethrough indicates words to stricken Underline indicates words to be added ATTACHMENT B: INDUSTRIAL DEVELOPMENT BOARD MINUTES MEETING PURPOSE: MEETING LOCATION: The Delcham s Room MEETING DATE: Januar 16, 2019 RECORDED BY: Steve McClure APPROVED BY: PRESENT: Board members: Lee Webb, Tim Rosson, Ric Lacey, Steve McClure. Council Liaison, Jack Burrell participated by teleconference. CoFairhope Director of Planning, Wayne Dyess, AICP; CoFairhope Planner, Nancy Milford Various visitors ITEM DESCRIPTION OF DISCUSSION ACTION NO. I. Call to Order by Lee Webb at 5:00 p.m. 2. Mr. Webb advised he was asked by Bob Gentle to chair in Mr. Gentle's absence. Mr. Webb facilitated introductions for all in attendance. 3. A moment of silence was observed in honor of the recent passing of one of our fellow board members, Hubert Hinote. 4. Purpose of the Meeting-Mr. Webb advised that our primary agenda item was to review a recent rezoning request and make a recommendation to the Fairhope Planning Commission 5. The board was advised that before the Fairhope Planning Commission ruled on the re-zoning request, the Council thought it prudent to solicit an opinion from the Industrial Development Board as the inventory of MI was limited and finite. 6. Jack Burrel l provided overall background on the parcel in question, the current zoning classification of MI and reviewed the remaining available MI parcels within the City of Fairhope. 7. Wayne Dyess and Nancy Milford provided a detailed zoning map of the city to show the board where the current remaining MI parce ls are located and what the zoning is adjacent to the property in question. 8. The board conducted an in-depth review and extended discussion with Councilman Burrell and the City Planning staff, asking a number of detailed questions . 9. At the conclusion of the meeting, the Industrial Development Board unanimously approved the fo ll owing recommendation : The re-zoning request should be denied and the MI zoning designation in the City Ordnance should be revised to include restaurants and bars with the specific restriction of not allowing drive through service windows. Motion : L. Webb, Second: D . Rosson, Unanimous FOR 10. Mr. Dyess provided clarificat ion that several of the concerns expressed by the board were covered by existing ordinances such as lighting, parking, low impact development, etc. and were not required to be spelled out in our recommendation . I I. The meeting was adjourned at 5:58 p.m . STATUS the M-1 Light Industrial Distri ct should be amended to allow restaurants and bars with specific prohibition against drive through service. Staff re viewed their recommendation and researched the issue. The following recommendation i s being made: 1. Amend the Table of Uses to includ e the following symbol " 3 "w here restaurants and bars are in M-1 district in the tabl e. This symbol represents a use that is "Permitted subject to special conditions listed in the ordinance". 2. The special conditions are: a. Prohibition of drive throughs b. Restaurant must be farm to table concept with food grown o n site u sed as ingred ients. Food grown on site may be sold to the public. * Thi s limi tation does not apply t o the Fairhope Airport Authority. ATTACHMENT D. ZONING BOARD OF ADJUSTMENT CRITERIA FOR APPEAL Article 11.C.3.e. Criteria - (2) Any other application to the Board shall be reviewed under the following criteria and relief granted only upon the concurring vote of four Board members: (a) Compliance with the Comprehensive Plan; (b) Compliance with any other approved planning document; (c) Compliance with the standards, goals, and intent of this ordinance; (d) The character of the surrounding property, including any pending development activity; (e) Adequacy of public infrastructure to support the proposed development; (f) Impacts on natural resources, including existing condition s and ongoing post-development conditions; (g) Compliance with other laws and regulations of the City; (h) Compliance with other applicable laws and regulation s of other jurisdictions; (i) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; (j) Impacts on the surrounding neighborhood including noise, traffic, visible intrusion s, potential physical impacts, and property values. (k) Overall benefit to the community; (I) Compliance with so und planning principles; (m) Compliance with the terms and conditions of any zoning approval; and (n) Any other matter relating to the health , safety, and welfare of the community.