HomeMy WebLinkAbout05-06-2019 Planning Commission Agenda PacketKarin Wilson
Mayor
Council Mt•m/Jcrs
Kevin G. Boone
Roben A. Brown
Jack Burrell. ACMO
Jimmy Conyers
Jay Robinson
Lisa A. Hanks, MMC
Ci,yC!erk
Michael V. Hinson, CPA
City Treasurer
I 61 Nonh Secrion Street
P 0. Drawer 429
Fairhope, Alabama 36533
251 -928-2 I 36
251-928-6776 Fax
\VIIW.fairhopeal.gov
1. Call to Order
2. Approval of Minutes
City of Fairhope
Planning Commission Agenda
5:00 PM
Council Chambers
May 6, 2019
• March 12, 2019
• April 1, 2019
3. Consideration of Agenda Items:
A. SD 19.18
B. SD 19.19
C. SD 19.21
D. SR 19.01
E. SD 19.24
F. UR 19.13
Public hearing to consider the request of Joseph & Glenda Gravlee
for Preliminary Plat approval of the Resubdivision of Lot 4, Bay Echo
Subdivision, a 3-lot division . The property is located at the south
terminus of N. Mobile Street.
PPIN #: 46899
Public hearing to consider the request of Martinet Family Tru st for
plat approval of Martinet Subdivision, a 2-lot minor division . The
property is lo cated on the south side of the intersection of Cains
Lane and Laraway Lane.
PPIN #: 236255
Request of 10 N. Section, LLC for Site Plan approval of the Boutique
Hotel, a 13-unit project. The project is located on the northeast
corne r of the intersection of Section Street and Fairhope Avenue, at
10 N. Section Street.
PPIN #: 88449
Req uest of 10 N. Section, LLC for Site Plan approval of the Boutique
Hotel, a 13-unit project. Th e project is located on the northeast
corner of the intersection of Section Street and Fairhope Avenue, at
10 N. Section Street.
PPIN #: 88449
Pu blic hearing to consider the request of 68V OBV Hamlet 2018, LLC
for Final Plat approval of the Hamlet at Old Battles Village, Phase
Five, a 42-l ot subdivision. The project is located on t he west side of
Gar rison Blvd and north of Old Battles Village, Phase 4.
P PIN #: 71702
Request of AT&T for an 11.52 .11 Utility Review and approval of the
propose d installation of approximately 2,720 linear foot of
u ndergro und fiber optic ca bl e . The projec t will run along Thompson
Hal l Road from Fairhope Avenue to Windmill Road.
G. UR 19.14 Request of AT&T for an 11.52.11 Utility Review and approval of the
proposed installation of approximately 1,049 linear foot of
underground cable and 1,878 linear foot of aerial cable. The
project will run Pensacola Avenue, Tensaw Avenue and N. Mobile
Street.
H. IR 19.02 Informal Review to consider the request of Rivers and Mandy
Ca lvert for plat approval of Calvert 2 Lot Subdivision, a 2-lot minor
division. The property is located at the southwest corner of the
intersection of River Park Road and Meadow Road.
PPIN #: 33864
I. IR 19 .03 Informal Review to consider the request of the Southland Place
Property Owners Association, Inc. for plat approval of A
Re subdivision of Common Area 10 of Southland Place Subdivision, a
2-lot minor division. The property is located between Pemberton
Loop and Sage Lane.
PPIN #: 243140
4 . Old/New Business
• Greeno Road Overlay Discussion
• County Famil y and Exempt Subdivision Discussion
5. Adjourn
Summary of Request:
Public hearing to consider the request of S. E. Civil, LLC on behalf of proper owner Glenda Gravlee and
developers Jean P. Bodet, Lynn W. Bodet, and Michele Hand for a request for approval of a Resubdivision of
Lot 4 , Bay Echo Subdivision, a three-lot major subdivision. Subject property is located at the southern
terminus of N. Mobile Street. Subject property consists of approximately 2.96 total acres, with the new lot
sizes as indicated on the staff report cover page. Mr. Larry Smith, PE of S.E. Civil serves as the engineer of
record (EOR) for subject application .
Comments:
MAJOR SUBDIVISON CRITERIA
The following item are exce r pts from the various checklists utilized by staff to evaluate subject application's
comp l iance with the City of Fairhope Zoning Ordinance, City of Fairhope Subdivision Regulations and other
relevant ordinances and are included here to provide relevant background and rationale behind staff's
recommendation. Any items remaining in red italic text will be cured by conditions of approval, or in the case
of a recommendation for denia l of an application, provide rationale for the recommendation of denial. Any
items initially marked "revise and resubmit" have been cured by the notations in blue text, which may
include conditions of approval.
Article JV, Section C.l .b.(8) Pl an a nd profil es of a ll propo sed utiliti es w ith conn e ction s
(8) Pla n and profil es of a ll pro posed ut ili ty w ith co nn ec ti ons to ex ist in g utili ty syst em and a ll pro posed improve m ents.
Approva l of pri vat e utili ty co nn ectio ns for wate r and sewer sha ll be subj ect t o th e st a nd a rd s of
Art ic le V III , Secti ons E. and G., res pect ive ly of th e Fairh o pe Subdi v isio n Regul at io n s , an d Chapter 12 of the Code of
Ordin an ces of th e City of F ai r ho pe . Th e a pplicant sha ll submi t o ne co py of utili ty letters statin g ava i !a bility of se r v ice .
Utili ty lette rs and layo ut mu st be s ubmitte d fro m e lectri c, wate r, sewe r, ph o ne, t ras h provi de r, an d gas (i f a ppli cabl e),
stat in g the pro pe 11v mav be adeauate lv served bv s uch ut ili tv.
□N IA I □Accept e d ! IZIRevise and Resubmit per comments
Comments: Please see Article V, Section E.2.and Article VI, Section H. for specific comments related to sewer
service required/or subject property. The applicant conferred with Fairhope Public Utilities (FPU) Director of
Operations Richard Peterson, and verified FPU will bring services to the requested lots via aid-to-construction
fees .
Article IV, Sectio n C.l .b. (1 1) F low mod e l dat a s ubm itte d to t he st a nd a rd s of th e CO F W ater De oaiim e nt.
□NIA I □Accept e d I IZ!Follow-up information pending
Comments: The engineer of record (EOR) provided copies of correspondence regarding the Fire Flow model. This
matter will be discussed at the Development Review Committee (DRC) meeting. The applicant conferred with
Fairhope Public Utilities (FPU) Director of Operations Richard Peterson, and verified the recent main
upgrades in the area of subject property provide sufficient fire flow to proposed development. The EOR will
provide a post construction fire flow test for record purposes.
Ar ti cle IV, Sec tio n C.l .b.(12) Street li ghtin g pla n
2
□NIA I □A cc epte d I IZI Follow-up information pending
Comments: Staff reviewed the proposed development with the Fairhope Public Utilities electrical superintetldent. /11
lieu of submitting a street lighting plan, the applicant is advised a street light is required at the terminus of North
Mobile Street. Please provide docume11tatio11 with thejitial plat approval package tltat aid-to-co11structio11feesfor
the street have been submitted. The applicant states via follow-up correspondence payment for aid-to-
construction for the additional lie:htine: will be included with the final olat.
Art ic le JV, Section C. 1. b. (16) P e destr ia n c ir c ul ation pl a n
□NIA i lZIA ccepte d with co mme nts I □Rev i s e and R es ubm it p er comments
SD 19.18 Resubdivision of Lot 4 Echo Bay -May 6, 2019
Comments: No sidewalks are in place along Mobile Street or Davis Lane in the vicinity of subject property. The
applicant is advised; however, the Planning Commission may require sidewalks or a pedestricm easement as a
condition o a roval.
Article IV, Se ction C.1. c. Street Plan Requirements :
(1) 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 l "=5' vertical , or I"= I 00' horizontal and l "= 1 0' ve1iica l
□NIA I □Accepted I IZl Revise and Resubmit per comments
Comme11ts: Please see Article V, Section E.3.a. for comments related to the req11ireme11t that all lots front upon a
paved, p11blicly-mai11tained street. The applicant submitted a waiver request requesting relief from this section.
Fmiher, the preliminary plat now reflects a 15' private access easement that allows access to proposed Lot 3
from the southern terminus of North Mobile Street.
Article Iv, Section C.1.d. Drainage plan prepared by professional engineer, including proposed method of storm water
detention and means of controlling erosion during construction . Any po1iion 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 .
□NI A I □Accepted I cg)Revise and Resubmit per comments
Cross Reference: Article V, Se ction F.3.a., b., and c.
Article Iv, Section C.1.d. (continued)
Comments: Staff requests ft drai11age plm1for the site-staff is aware of existing drainage issues i11 the area of
subject property and is requiring a drainage plan as a compo11ent oftl,e subdivisio11 process. Please see Article V.
Section E.3.a. for additional comments. 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 staff is that drainage improvements to the southem terminus
of N. Mobile Street are uecessary and plans and profiles of drainage improvements are required with subject
applicatio11 . The staff recommemlatio11for c<tse number SD 19.18 shall be to "table" the application for further
study so that drainage and other matters may be resolved a11d a possible cooperative installation of improvements
between the City of Fairhope and the developer may be arranged. The EOR indicated via follow-up
correspondence the desire of the applicant to provide a drainage system design and construction monitoring for
the required drainage upgrades to subject property with installation of the drainage system to be performed by
the City of Fairhope. A condition of approval will request that plans and profiles of the drainage system will be
prepared after preliminary plat approval with review by the COF Public Works Director and other
appropriate staff. Further, a condition of approval will include adoption of an agreement between COF and the
developer for the design and construction monitoring of the drainage system, as approved by the Fairhope City
Council. This review assumes the as-built drawings of the drainage system will be submitted as a function of
the final plat 1nocess for subject development.
Article JV, Se ction C.1.g. State or County ROW detailed highway improvements plan:
□NIA I IZIAccepted with comments I □Revise and Resubmit per comments
Comments: The EOR provided correspondence indicating the trip generation of the site does not warrant a traffic
study, and therefore does not warrant a ROW improvement plan based upon trip f!eneration.
I Article V, S ection E. 3. a . Lot Standards -Lot Access
3 SD 19 .18 Resubdivision of Lot 4 Echo Bay -May 6, 2019
a. Except as provided in Section 0 .6., all lots shall front upon a paved, publicly maintained street. Double
frontage lots are prohibited, except where lots consist of more than 66% of a block.
ON/A I □Accepted I IZIRevise and Resubmit per comments
Comments: Proposed lots do 1101 front upon paved, publicly maintained streets. Though Davis Lalle is shown 011
the Baldwi11 Coullfy Reve11ue Commission map viewer t1s "ROW, this /a11e has 1101 been accepted/or mlli11te11a11ce
by the City of Fairhope. Further, the t1pplicalio11 doe!!>· ,zot reflect any docume11tatio11 reflecting bo,zajide access to
Davis Lane from lot 3. Please clarify the access wul allowable use of Davis Lane to access lot 3, including any
quiet title actions required to demonstrate the access is allowable. /11
addition, 110 roadway or drainage improvemellls are included in the application related to Mobile Street or Davis
lane as required by this sectiofl. It is possible the Pla1111ing Commission may approve a waiver from lite paved
component of this section in an effort to preserve the aesthetics of the neighborhood in which tlte proposed lots
exist, however staff requires submittal of a drainage improvement design. The applicant provided follow-up
correspondence including a number of historical recorded instruments related to Davis Lane . Those documents
were forwarded to legal counsel , who advised that clear, convincing access to lot 3 from Davis Drive/Lane has
not been demonstrated. The applicant re-iterated submission of a waiver requesting relief from the
requirements that all lots front upon a paved , publicly-maintained street or road. The applicant further
reiterates their proposal to utilize the lower 15 ' of the 30 ' ROW along Davis Lane/Drive to create a driveway
for access to proposed Lot 3. The applicant further reiterated the applicant's desire to work with the City of
Fairhope in a joint venture regarding drainage improvements . Tlte position of staff is that drainage
improveme11ts to the southern terminus of N. Mobile Street are 11ecessary aud plans and profiles of drainage
improvements are required to be included with subject application. The staff reco111me11datio11 for case /lumber SD
19.18 shall be to "table " the application for.further study so that drainage and legal ingress and egress for lot 3
may be resolved and a possible cooperative installation of improvements between the City of Fairhope and the
developer may be arranged.
As stated previousl y in Article IV, Section C.1.c. the EOR's follow-up correspondence reiterates the desire of
the applicant to access proposed lot 3 via a 15 ' private access easement now reflected upon the preliminary plat .
The EOR notes that a resolution to the issue of access to proposed lot 3 via Davis Drive/Davis Lane is possible,
but no longer requested as a component of subject application in Lieu of the afore-mentioned 15' access
easemen t A condition of approval will request" waiver of A rticle V, Section E.3.a. so that proposed lot three may
be created and accessed from the southern terminus of N. Mobile St. via the afore-mentio11ed 15' access easement.
Further, the waiver from Article V, Section E.3.a. will request the southem terminus of N. Mobile Street lo remain
unpaved to preserve the aesthetics of the existing neighborhood, but include the drainage improveme11ts described
in A rticle IV, Section C.l.d.
Article VI, Section H Construction Standards-Sanitary Sewerage
I . All subdivisions shall have sanitary sewer service. The sewer service s hall be provided by either the Fai rh ope Public
Utilities or an approved sewer service.
2. A ll san it ary sewer systems constructed within a subdivision and all sanitary sewer systems constructed outside of a
subdivision but servicing a subd ivision shal l be constructed in accordance with those certain "Standard Specifications
for Constructing Sanitary Sewer Facilities and Water Fac iliti es " whic h is on file at the
City of Fairhope Water & Sewer Depa1tment.
3 . Individual septic tank type systems that have been approved by the Baldwin County Health Depaitment and the
Fairhope Public Uti liti es Sewer Department may be utilized.
□NIA I □Accepted I □Revise and Resubmit per comments
Cross Reference: Standard Specifications for Construchnf! Sanitary Sewer Facilities and Water Facilities
4 SD 19.18 Resubdivision of Lot 4 Echo Bay -May 6, 2019
A. WAIVER STANDARDS:
Waivers may be granted where the Planning Commission finds that the following conditions exist:
1. An extraordinary hardship may result from strict compliance with these regulations due to
unusual topographic or other physical conditions of the land or surrounding area not generally
applicable to other land areas.
2. The condition is beyond the control of the sub-divider.
3. The requested waiver will not have the effect of nullifying the purpose and intent of the
regulations, the Zoning Ordinance, or the Comprehensive Plan.
4. The waiver is the minimum deviation from the required standard necessary to relieve the
hardship;
5. The waiver shall not have an adverse effect on adjacent landowners, or future landowners, or the
public;
6. The waiver is necessary so that substantial justice is done.
This particular site has some unique topographic constraints in that the lot frontage is very short and located
in a sharp turn area. Staff has met with the Public Works Director and he expressed support of this waiver
request. There are no other sidewalks located in this area, so the request will not have an adverse effect on
adjacent landowners. If the Planning Commission would like to see a pedestrian easement added for future
landowners, then it can be added as a condition of approval.
B. PROCEDURE:
1. Waivers must be requested in writing at the time of preliminary plat submission. This is required
so staff can understand the implications of the waiver. The waiver request will be considered by the
Planning Commission at the time the plat is considered.
2. Any waiver granted must be entered upon the minutes stating the grounds for the waiver.
3. Letters to adjacent property owners shall include a description of any waiver requested.
The applicant has submitted the request in writing.
Storm water Standards: Any portion of land in the proposed subdivision subject to periodic inundation by
storm drainage, overflow or ponding shall be clearly identified on the plat. Land lying within the flood plain,
V or A Zones, shall be clearly identified on the plat and a note shall be labeled on the plat to that effect. Erik
Cortinas has provided the following comment: "A lot of drainage complaints from houses to the north along
Merson, the grad drops north to south to this property. There is a drainage easement with an inlet and
piping behind the houses that discharges either on or near this property starting about 210 Merson."
The applicant clarified at the DRC meeting and in writing in the applicant's response letter that this project
does not drain to the drainage area discussed above.
Fire Hydrants: As per Article VI Section G. FIRE HYDRANTS: Fire Hydrants shall be installed along each
street at a maximum interval of four hundred fifty (450} feet, or at the ends and center of each block, or as
otherwise required by the fire authority having jurisdiction. Water supply and pressure shall be adequate
to provide fire protection and for the future needs of the development.
The applicant has shown the closest fire hydrant on the plat as per Article V Section.
Fire Flow: Staff has spoken with Mr. Richard Peterson, PE, Operations Director regarding the requirement
for a flow model. Due to the existing structure and utilities, no flow model will be required.
4 SD 19.19 Martinet Subdivision -May 6, 2019
Utility Letters: These letters are not necessary as there is an existing structure with utilities at this location.
Water and Sewer: The applicant shall comply with all City of Fairhope Water and Sewer Standards.
Other: Any applicable outside agency permits shall be obtained.
The subdivision regulations contain the following criteria in Article IV.8.2. Approval Standards .
"2. Consistency with Plans, Regulations and Laws -The Planning Commission shall not approve the
subdivision of land if the Commission makes a finding that such land is not suitable for platting and
development as proposed, due to any of the following:
a. The proposed subdivision is not consistent with the City's Comprehensive Plan, and/or the City's Zoning
ordinance, where applicable;
b. The proposed subdivision is not consistent with the Citts 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 and
appears to meet the criteria above .
Recommendation:
Staff recommends approval of the application contingent upon the following conditions :
5
1. Removal of the existing shop building on Lot 1.
2. Granting a waiver for the sidewalk exemption and adding a pedestrian easement if the Planning Commission
desires this for future residents.
SD 19.19 Martinet Subdivision -May 6, 2019
Comments: This review assumes the existing pedestrian patterns of the intersection of Fairhope Avenue and
Section Street will be mai11tai11ed. Please clarify via follow-up submittal how pedestrian access will be maintained
during co11structio11, and how adjacent property PPIN 294004 will be protected during construction. Further, cross
reference the Site Plan review, case number SR 19.01 and note City of Fairhope Zoning Ordinance Article V,
Section B.4.e requires 8' sidewalks unless otherwise requested. The EOR's follow-up co1..-espondence included a
photo of the sidewalk protection (Exhibit "A") of the in-progress construction adjacent to 154 N. Section Street
as an example of similar protective measures to be taken on subject property. The EOR further indicates the
contractor proposed for the project is a local contractor with an existing off-site warehouse facility that could
be utilized for deliveries and storage. The EOR's complete follow-up correspondence will be included with the
staff report as a supporting document. Further, sidewalk width reduction is requested as a function of the site
plan approval, case number SDR 19.01, as contemplated by Article V, Section B.4.e. of the City of Fairhope
Zonin2 Ordinance.
Article IV, Section C. J. b. (17) Site data box including but not limited to:
• Total acreage of site
• Acreage of common area(s)
0 Greenspace requirements of Article V, Section "C" are now applicable to an MOP per
resolution 2018-02 effective 11-28-2018, as amended by resolution 2019-01 effective February 4,
2019.
• Total number of lots
• Square footage of each lot
• Site Density
• Number of units proposed
IZIN / A with comments I □Accepted I D Revise and Resubmit per comments
Comments: Subject properly is located within the Central Business District (CBD) for which Greenspace
requirements are 1101 en.forced due to zero setback requirements unless a courtyard or similar facility is proposed.
Subject development appears to utilize the full site up to the edge of ROWs as allowable in the CBD.
Article IV, Section C.l .b.(18) Applicants shall provide site data and all applicable permits relative to items such as
soi ls, wetlands, flooding , drainage , natura l feahll'es and potential archeo logical features.
□NIA I □Accepted I IZI Revise and Resubmit per comments
Comments: Via follow-up correspondence ver[fy ({the.fuel tanks located at tlteformer fuel station were removed,
properly abandoned in-place, or properly remediated. The EOR provided follow-up correspondence indicating
''pr·oof of a clean site" will be provided. As a condition of approval, proof a c/ea11 site shall he submitted.for
review prior to issuance of a land disturbance permit.
Article IV, Section C.1 .g . State or County ROW detailed highway improvements plan:
If any state right-of-way or any improvement thereon is proposed to be changed or modified , a detailed Highway
Improvements P lan, with the written approval of the responsible official of the Alabama Highway Department,
showing all existing features within the rights-of-way and all proposed changes , including, but not limited to , changes
in traffic patterns, markings, signs , curbs and barriers , neutral zones , signals, warnings, p lantings and landscaping.
There shall be submitted with and as a part of the Plan a written statement setting fo1th means proposed for traffic
control and safety during construction and for restoration of the s ite. All of the foregoing shall also apply to rights-of-
way controlled by the County, except that the County Engineer's approval shall appear on the Plat to be reviewed by
the Planning Commission .
IZIN /A with comments I □Accepted [ □Revise and Resubmit per comments
Comments: The Engineer of Record (EOR) provided correspondence indicating the trip generation of the proposed
development does not trigger a traffic studv, therefore a ltif(hway improvement plan is not included.
Article IV, Section.D.l .b.(1 8) Final Plat and Final Plans showing all infonnation required by and meeting requirements
of Alticle IV ., Section C.1. and the following additional infonnation:
4
(l 8)The engineer shall perfonn the supervision of construction ; the final plat shall have the following engineer 's
ce1tification:
SD 19.2110 N. Section St. Boutique Hotel -May 6, 2019
□NIA
"ENGINEER'S CERTIFICATE"
"l , the undersi gne d, a Registered Engineer in the State of Alabama holding Ce11ificate Number
. hereby ce11ify that 1 have designed the within improvements in conformity with applicable --~
codes and laws and with the principals of good engineering practice. I further certify that I have
observed the construction of the within improvements , that the same conforms to my design , that
the within is a true and accurate representation of improvements as installed and that said
improvements are hereby recommended for acceptance by the City of Fairhope, Alabama.
Project Engineer
Date
Name of Project to which the Ce11ificate App li es Plans which are ce11ified consist of Page __ th.ru
__ , eacb of which bears by seal and signature."
I □Accepted I IZICloseout requirements described below
Comments: Subject application is an MOP not requirillg.final plat approval normally required/or ll typical
subdivision. As a collditiou of approval, an as-built set of all construction documents (with the engineer's
certificate described above reflected 011 the cover page) shall be submitted when requesting a Certificate of
Occupm1cyfor the proposed structure. The City of Fairhope reserves the right to modify the submission
requirements of this closeout item at the direction of the Pla1111i11g Director, including the requirements of Article
W, Section.D.1.a. Maintenance Bond and Article IV, Sectio11.D.J.b.(l6) Video Inspection ({these requirements are
deemed necessary by the Utilities Director of Operations and/or Public Works Director. The EOR's follow-up
correspondence indicates compliance with this section.
A rticle V, Section F. 3.a. (3)(a)(l) Storm Water Standards -Submittal Reguirernents -Minimum Reguirements-
Drainage Plan a . Minimum Requirements -All proposed s ubdivisions shall demonstrate compliance with this Section
F.
IZIN/ A with comments I □Accepted I □Revise and Resubmit per comments
Cross Reference: Article V, Section F.3.b. Adverse Effects
Comments: Subject property is an existing, previously-developed property within the CBD for which drainage plans
are generally not required due to connection of the proposed development to existing drainage conveyance systems.
The EOR provided correspo,ulence illdicating the existing site is 100% impervious and will remain 100%
impervious followinf[ development. Please cross-reference Article IV, Section.D.1.b. (18) for conditions of aooroval.
Article VL Section D. Construction Standards-Sidewalks
Sidewalks shall be installed on all streets within the planning juri sd iction 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 specification s 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.
□NIA I □Accepted I IZIRevise and Resubmit per conm1ents
Cross Reference: Chapter 19 of the City of Fairhope Code of Ordinances, as amended.
Comments: Cross reference the Site Plan review, case number SR 19.01 and note City of Fairhope Zoning
Ordinance Article V, Section B.4.e requires 8' sidewalks unless otherwise requested. Sidewalk width reduction is
requested as a function of the site plan approval , case number SDR 19.01, as contemplated by Article V, Section
B.4.e . of the City of Fairhope Zoning Ordinance.
Article VI, Section G. Construction Standards-Fire Hydrants
Fire Hydrants shall be instal led along each street at a maximum interval of four hundred fifty ( 450) feet , or at the ends
and center of each block, or as otherwise required by the fire authority having jurisdiction . Water supply an d pressure
shall be adequate to provide fire protection and for the future needs of the development.
Blue reflective markers shall be installed at the street line of streets to indicate the location of fire hydrants.
ON/A I □Accepted I IZIRevise and Resubmit per comments
5 SD 19.2110 N. Section St. Boutique Hotel -May 6, 2019
1 SR 19.01 10 N. Section St. Boutique Hotel – May 6, 2019
Planning Commission
May 6, 2019
Site Plan Approval
SR 19.01 10 N. Section St. Boutique Hotel
Project Name:
10 N. Section St. Boutique
Hotel
Property Owner / Applicant:
10 N. Section, LLC (FST)
General Location:
Northeast corner of Fairhope
Avenue and Section Street
Project Type:
Site Plan review of Multiple
Occupancy Project (13 units)
Project Acreage:
0.07 acres +/‐
Zoning District:
B‐2 General Business District
within the Central Business
District (CBD) Overlay
PPIN: 88449
Engineer of record:
S.E. Civil Engineering
Architect of record:
Walcott Adams and Verneuille
Report prepared by:
J. Buford King, Interim
Director of Planning and
Zoning
Recommendation:
Approval with conditions
.. ,n
z
SUBJECT
PROPERTY
PP IN 88449
l
N
II'.' ~•nd
~ --S.b]KiPe I
CITY •OF FAIRHO'.PE ZO ING
1R T!KnlR<""1
~-A ;toultflilo! l~•Cll"-"• C"II•"
tt~I ~w011Jns.l)' ~e a., y
Den!ltr$nJII om liy
q~ H~~Q..,urSIJl;lo>-F il\J~
-l'OenS~tf•"1~
WhhetJMI 511~ Fi11111,.
q.• 'lvwCeri -1'1111:il11r. If
Jl~ H Qh O,n,fy ~ llos.llon'111
q,JJ ~. la~ I Pi Dilll'ICI
r.U!;l:...siit1at10i1.•
11-3" l:wJ,t R•sot1 Lod""g tt111r
B-lbi-ll~u-Mtt!'lw ~ Sr,lc,Jl),w•:
BJ flu wflAl. ■NI l"ro 11S..n■1 .Dlmttt
ll-1 ~•9"1 fnd.aat ■l !)ltlnd
P•1 l"~,w,;i
SUBJECT
PROPERTY
PP N 88449
2 SR 19.01 10 N. Section St. Boutique Hotel – May 6, 2019
Summary of Request:
Public hearing to consider the request of S.E. Civil, LLC on behalf of property owner 10 N. Section LLC (Matt
Bowers) for Site Plan approval of the 10 N. Section Street Boutique Hotel, a Multiple Occupancy Project
(MOP). Subject property is located at the northeast corner of the intersection of Fairhope Avenue and
Section Street in the Central Business District of downtown Fairhope, consisting of 0.07 acres. Subject
application includes a complimentary Multiple Occupancy Project (MOP) case number SD 19.21 also to be
considered by the planning commission. Mr. Larry Smith, PE, of S.E. Civil Engineering, LLC serves as the
engineer of record (EOR) for subject application with Mr. Clay Adams of Walcott Adams Verneuille serves as
Architect of Record.
Article II. Section 2. Site Plan
a. Initiation – Review of (preliminary) site plans accompanying a zoning map amendment shall be
reviewed according to the zoning amendment procedures. (Final) site plans that do not accompany a
zoning map amendment shall be reviewed according to this section. Site plan approval is required when
any commercial building(s) located in a business‐zoning district (industrial zoning excluded) or in the CBD
overlay:
(1) Has a gross floor area of 10,000 square feet or greater; or,
(2) More than 30% of the lot (excluding the building) is impervious; or
(3) All applications for zoning map amendments to rezone property to any of the Village Districts in
Article procedures in Article VI, Section D. for review of the rezoning application and site plans associated
with a village development.
(4) A mandatory site plan review application for all mixed‐use projects electing to build to 35 feet height
with 33% residential, regardless of whether or not it triggers site plan review approval, must make
application to the Planning and Zoning Commission for approval.
Subject development is to be located upon a previously‐developed, 100% impervious lot that will
remain a 100% impervious lot after development, thus triggering site plan review.
Comments:
Article II, Section C.2.d.(1) Compliance with the Comprehensive Plan
☐N/A ☐Accepted with comments ☒Revise and Resubmit per comments
Comments: Subject development appears to comply with the Comprehensive Plan in relation to 1) Build to the
sidewalk, 2) Vehicle Use and Parking, 3) Eclectic Architectural Design, and 4) Pedestrian Experiences, however
item number 5) Bicycle Mobility does not appear to be addressed. As follow-up correspondence, please indicate
how the proposed development provides appropriate locations for bicycle parking that does not impede pedestrian
and ADA compliance as required by the Comprehensive Plan. The engineer of record (EOR) provided follow-
up correspondence dated April 11, 2019 requesting a “waiver” from the bicycle parking as required by item
number five, above. Subject application is a site plan review as contemplated by the zoning ordinance cross-
referencing the Comprehensive Plan and does not contemplate a “waiver” process, but it is understood the
applicant is seeking relief from this requirement. Staff realizes the building associated with subject
application has not been fully-engineered and fully-detailed architecturally. The Comprehensive Plan states
“new development and redevelopment should also provide appropriate locations for bicycle parking, so that it
does not impede pedestrian and ADA compliance and accessibility of the City’s Downtown sidewalks”. This
review assumes, and staff’s ruling on this item is that as the building is fully-designed and fully-detailed, if the
applicant still desires relief from this section of the zoning ordinance related to bicycle parking the applicant
may submit a request to the zoning Board of Adjustment for consideration.
Article II, Section C.d.(2)Compliance with any other approved planning documents.
☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments
I I
I I
3 SR 19.01 10 N. Section St. Boutique Hotel – May 6, 2019
Comments: Comprehensive plan compliance is reviewed above. Landscape ordinance and signage ordinance
compliance is reviewed as a component of this site plan review. All other ordinance applicable to subject
application will be reviewed as applicable in the concurrent Multiple Occupancy (MOP) application.
Article II, Section C.d.(3)Compliance with the standards, goals, and intent of this ordinance and applicable districts.
☐N/A ☐Accepted with comments ☒Revise and Resubmit per comments
Comments: Subject property is zoned B-2 general business, in which a hotel is an allowable use upon appeal.
Board of Adjustment case number BOA 18.13 was approved on December 17, 2018 which approved the use of a
Hotel/Motel for subject property. Article V, Section B.4.e. describes sidewalk requirements within the Central
Business District, and requires 8’ sidewalks. Drawing C01 does not include 8’ sidewalks. If the desire of the
applicant is to request less than 8’ wide sidewalks the reduction must be requested in writing as indicated in
paragraph 4.e. and include appropriate justification for the more narrow sidewalks. EOR follow-up
correspondence requests a waiver from the 8’ sidewalk requirement for both the areas of the development
fronting Fairhope Avenue and Section street. The wording of Article V, Section B.4.e. allows the sidewalk
width modification to take place within the site plan review process, therefore a “waiver” is not required, and
a Board of Adjustment case is not required, and the submitted waiver satisfies the written request
requirements. Staff does not object to the approximately 7’ sidewalk width requested for the Fairhope
Avenue side of the proposed building as this should maintain continuity with the existing adjacent structure
and will likely be more pleasing aesthetically. As a condition of approval, the staff recommendation will
reflect a request for approval of the 7’ sidewalk along Fairhope Avenue but will maintain the required the 8’
sidewalk width along Section St. as required by Article V, Section B.4.e.
Article II, Section C.d.(4)Compliance with other laws and regulations of the City
☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments
Cross Reference: Ordinance 1550 Low Impact Development Techniques for Parking Facilities. City of Fairhope
Subdivision Regulations Article IV Section F.11.a.-f. Required Use of Low Impact Development Techniques.
Comments: Subject application is located within the fully-developed Central Business District (CBD) where
drainage improvements utilizing LID techniques are generally not required as the structure will connect to
existing conveyance systems. The engineer of record (EOR) provided correspondence indicating the site is 100%
impervious and will remain 100% impervious after development. A Multiple Occupancy Project (MOP)
application has been submitted in concurrence with subject application.
Article II, Section C.d.(6) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical
impacts, and property values.
☐N/A ☐Accepted with comments ☒Revise and Resubmit per comments
Comments: PPIN 294004 is City of Fairhope property via Fairhope Single Tax Corporation. Provide follow-up
correspondence indicating how this property will be protected during construction of the proposed development.
Pedestrian access cannot be disrupted or obstructed in this area. The EOR’s follow-up correspondence
included a photo of the sidewalk protection (Exhibit “A”) of the in-progress construction adjacent to 154 N.
Section Street as an example of similar protective measures to be taken on subject property. The EOR further
indicates the contractor proposed for the project is a local contractor with an existing off-site warehouse
facility that could be utilized for deliveries and storage. The EOR’s complete follow-up correspondence will
be included with the staff report as a supporting document.
Article II, Section C.d.(7) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions,
potential physical impacts, and property values.
☐N/A ☐Accepted with comments ☒Revise and Resubmit per comments
Comments: Subject property is essentially “landlocked” by existing structures, ROW, and ROW parking. Provide
follow-up correspondence indicating how the proposed structure will be constructed when no onsite laydown or
staging is available, and without interruptions to public ROW parking or sidewalk access. The building official
notes this project may have to be constructed at night similar to the project adjacent to 154 N. Section Street. The
EOR’s follow-up correspondence is as follows: “Refer to response for C.d.(6) above. Our plan is to stage on
I I
I I
I I
I I
4 SR 19.01 10 N. Section St. Boutique Hotel – May 6, 2019
the site itself and coordinate all deliveries with the City during times they approve. We will also construct the
building including any concrete pours, steel erection, etc. during approved hours”.
Article II, Section C.d.(8) Overall benefit to the community.
☐N/A ☐Accepted with comments ☒Revise and Resubmit per comments
Comments: Please provide additional correspondence explaining how the development is a benefit to the
community. The EOR provided follow-up correspondence as requested indicating the benefit to the
community, and this correspondence will be included as a supporting document to the staff report.
Article II, Section C.d.(9)Compliance with sound planning principles
☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments
Comments: Subject application appears to comply with City of Fairhope zoning ordinance, specifically with the
allowances contemplated for the Central Business District, CBD. The first floor of the structure as indicated on
the space usage chart on drawing C01 indicates commercial/retail, which is supported by the CBD overlay,
Article V Section B.4.d.(3).
Article II, Section C.d.(12) Property boundaries with dimensions and setback lines.
☒N/A ☒Accepted with comments ☐Revise and Resubmit per comments
Comments: Non-residential buildings within the CBD are required to be constructed to the ROW line, negating a
front setback line, and side and rear setback lines are 0’ for areas zoned B-2. A small diagonal area along the
west end of the front setback line is included as an apparent courtyard, plaza, or public open space to provide
clearance for the Fairhope Clock on the corner of Fairhope Avenue and Section street. The provision of a
courtyard, plaza, or public open space is an allowable feature within the CBD as contemplated by Article V,
Section B.4.a.
Article II, Section C.d.(15) Elevations indicating exterior materials.
☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments
Comments: The proposed building appears to have a brick façade. Drawing A-5 indicates a maximum building
height of 40’ as allowed within the CBD per article V Section B.4.c. Three stories are proposed to a height of
approximately 30’ tall with the 40’ portions of the structure limited to means of ingress/egress.
Article II, Section C.d.(16) The locations, intensity, and height of exterior lights.
☐N/A ☐Accepted with comments ☒Revise and Resubmit per comments
Cross Reference: Article IV, Section B.3. “Parking Lot/Open Area Lighting”
Comments: Please provide information related to site lighting for the proposed development. The EOR verified
site lighting will be accomplished by the wall-mounted lanterns as seen on the renderings of the building
exterior. No additional site lighting or street lighting is proposed.
Article II, Section C.d.(17) The locations of mechanical equipment.
☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments
Cross Reference: Article IV, Section B.2.a. and b. “Screening”
Comments: Drawing C02 indicates HVAC units shall be on the roof of the proposed building and shall be
screened.
Article II, Section C.d.(20) Curb-cut detail and locations.
☐N/A ☐Accepted with comments ☒Revise and Resubmit per comments
Comments: Included on drawing C03 and C04. Cross-reference case number SD 19.21 for more information
related to utilities. Specifically, where will an electrical transformer be located? Is natural gas service desired for
the proposed structure? The electrical superintend notes that to provide electrical service to the site, a directional
bore will be required from a location on Bancroft Street. If natural gas is desired for the site, it may be possible
to provide gas service as a part of the electrical service installation. It may be necessary to place an electrical
transformer in a subterranean vault, or in some type of alcove in the building. Further, are there abandoned fuel
tanks on the site from the former automobile dealership / fuel station, and if so, were they properly abandoned or
I I
I I
I I
I I
I I
I I
I I
5 SR 19.01 10 N. Section St. Boutique Hotel – May 6, 2019
remediated? The EOR provided follow-up correspondence as requested indicating the design/engineering
details related to this section are under development and will be coordinated with COF and FPU staff. This
review assumes all design issues will be addressed in the Multiple Occupancy Project (MOP) process.
Further, this review assumes the “proof of a clean site” will be provided prior to issuance of a land
disturbance permit.
Article II, Section C.d.(21) Parking, loading, and maneuvering areas.
☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments
Comments: Onsite parking is not proposed for subject development. This review assumes the hotel rooms in
proposed structure will not become “dwelling units” requiring onsite parking. This review further assumes
existing parking and maneuvering areas both in the ROW and existing COF parking lots are adequate for subject
development.
Article II, Section C.d.(22) Landscaping plan in accordance with the City Landscape Ordinance.
☒N/A with comments ☐Accepted ☐Revise and Resubmit per comments
Comments: Per the Tree/Landscape ordinance 20.5-4 (1) developments within the CBD without off-street
parking are not subject to Ordinance 1444.
Article II, Section C.d.(24) Dumpster location and screening
☐N/A ☐Accepted ☒Revise and Resubmit per comments
Comments: Please clarify how solid waste management will be accomplished for the site. It appears the existing
structures on or near subject property utilize a combination of COF roll-out waste containers, or a commercial
front-load style dumpster located on FST PPIN 77826, which is not directly-connected to subject property. If a
restaurant use becomes one of the uses within the MOP on the first floor, how will a restaurant use handle its
solid waste disposal, can wash, etc.? How is the “trash to be located in the enclosed mechanical access” brought
to the ROW for collection? The EOR provided follow-up correspondence as requested indicating the building
will include a utility services alcove located behind a ventilation louver with a louvered door. The EOR
further indicates adequate space will exist for roll-out waste containers for garbage service as well as a can
wash for a restaurant, grease trap for a restaurant, as well as electrical panels and other utilities. As a
condition of approval, a drawing of the louvered wall and louvered door shall be prepared and furnished to
staff for inclusion in the agenda package to be considered by the Fairhope City Council.
Site Photos:
Subject property looking southeast from
Section Street toward Fairhope Avenue
Subject property looking north along Section
Street toward existing yoga studio
I I
I I
L..___I _ ___JII L____ _ ___JI
6 SR 19.01 10 N. Section St. Boutique Hotel – May 6, 2019
Recommendation:
Staff recommends APPROVAL of the Case # SR 19.01, site plan review of the 10 N. Section Street Boutique
Hotel subject to the following condition of approval:
1) Acceptance of the applicant’s request to allow approximately 7’ wide sidewalks along the Fairhope
Avenue portion of the structure.
2) Non‐acceptance of the applicant’s request for sidewalks less than 8’ wide along the Section Street
portion of the proposed structure. (maintain 8’ wide or wider sidewalks as required by Article V,
Section B.4.e of the City of Fairhope Zoning Ordinance.
The Development Review Committee (DRC) meeting at which this item was discussed may be viewed at the following
internet address: https://www.youtube.com/watch?v=s‐5‐
5imXEkE&list=PLEIyHeNjDeQCkYJrVSupwVTSKousr9qZA&index=3
Looking west toward Section street along
Single Tax property (alley) north of subject
Looking northeast toward subject property
from intersection of Fairhope Avenue and
Section Street I II __ _
--
address amenities staging and ultimately began developing the remaining subdivision. According to the
submitted Articles of Incorporation, Nathan Cox is listed as the sole investor on this project.
On August 6, 2018, the applicant made a PUD Amendment Request to Planning Commission to amend
Phases 3, 4, 5, and 6 with minor changes to Phases 3 & 4 to accommodate the changes to Phases 5 & 6. The
proposed modification was a redesign of the undeveloped portion of the PUD to remove lots from
significant drainage areas and environmentally sensitive areas and move the units designed for an aging
population (smaller lots). The app l ication was approved by Council on December 10, 2018.
Zonina Cases:
Case PC Date PC Result CC Date Deve lopment Name Applicant Request
I
Ordinance
Number Number
zc 03 -03 4/7/03 approved 6/9/18 Oak Hill -Huntington Miles Jones Conditional 1171
& Old Battles Village annexation to PUD
zc 04 -04 7/6/04 na Huntington Huntington PUD PUD Amendment -withdrawn
Amendment Huntington
zc 04 -06 8/2/04 approved 10/11/04 Huntington Hun t ington PUD PUD Amendment for 1228
Side Setbacks
zc 05-21 10/3/05 approved 11/28/05 Huntington HMR change Huntington Ord . 1279
PUD
zc 16 -03 3/7/16 approved 8/22 /16 Old Battles Village Preble -Rish, LLC PUD Amendment 1582
Recent Zoning Cases
Case PC Development
Applicant Address Ordinance PC Date CC Date Request
Number Result Name Number
·-
zc 18.04 4/2/2108 Tabled Old Battle Dewberry/Prel PUD Battles WithdrawnBy applicant
Village PUD LLC Amendment Road And redes ig n
zc 18 .06 8/6/2018 Approved 12/10/2018 Old Battles Dewberry Eng . PUD Battles Approved Ord. 1630
Village PUD Amendment Road
Subdivision cases:
Case App licant Case Type Subdivision Name Number of
PZ Date PZ Decision Number Lots
SD 06-02 HMR/Riverbrooke Capital Prelim . Plat Huntington Phase II 120 1/3/2006 Approved
Partners
SD-16-09 Preble -Rish, LLC Preliminary Old Battles Village, Ph 2 21 4/4/2016 Approved
SD-17 -11 Dewberry/Preble-Ri sh Final Old Battles Village, Ph 2 21 4/3/2017 Approved
SD -16 -2 5 Dewberry /Preble-Rish, LLC Preliminary Old Battles Village, Ph 3 43 11/10/2016 Approved
SD -18-05 Dewberry/Preble-Rish, LLC Final Old Battles Village, Ph 3 41 2/5/2018 Approved
SD 16-34 Dewberry/Preble-Rish, LLC Preliminary Old Battles 40 12/5/2016 Approved
Village Phase 4
SD-18-05 Dewberry /Preble-Rish, LLC Final Old Battles Village, Ph 3 41 2/5/2018 Approved
3 SD 19.24 Hamlett at Old Battles Village -May 6, 2019
The Final Plat for Hamlett at Old Battles Village contains 42 single family lots. Applying the student yield
factors, the deve l opment is expected to generate 16.38 {42x.39) elementary school students, 4.62 {42x.11)
middle school students and 7.14 {42X.17) high school students.
*It should be noted that this particular development is intended for aging populations and will likely produce
lower student yields than shown here.
Comments:
All Associated I nvestors (Article IV SectionC.l.b.(3}): Nathan Cox appears to be the sole investor in this
project.
Errors and Omission Insurance (Article IV, Section A.}: Proof of errors and omission insurance was
provided.
Greenspace (Article V.C. 3): The Old Battles Vi l lage Master Plan was submitted prior to the recently passed
greenspace standards.
Finished Floor Elevations: Finished floor elevations were provided as a note on the plat.
Lots (Article V Section E}-Lot Standards: Setbacks appear to be per the preliminary plat.
Storm Sewer (Article VI SectionE.1-2): According to the City of Fairhope's Engineer, Richard Johnson, PE, the
storm water management system is designed for and constructed such to meet a ll the applicable storm
water management and post-development treatment standards . The applicant submitted a storm sewer
video that was reviewed and approved by Mr. Richard Johnson, PE 1 Director of Public Works .
Drainage (Article V Section F}: Public Works conducted a final inspection. Public Works staff prov ided their
comments which were forwarded to the applicant. At thi s time, there are a couple of items pending
approval regard in g the l andscaping and the drain boxes.
Operations and Ma intenance Plan has been submitted. The applicant sha ll record the approved Operations
and Maintenance Plan at the time of final plat.
Monuments(Artic/e V Section I}: Per the City of Fairhope Publi c Works Director, two monuments were
required to be set. According to the applicant the monuments have been se t at the property and are shown
on the plat.
Provision of Recording (Article V Section D.1.b.(12): The applicant has provided a Recording Certificat ion to
the plat.
Streets (Article V Section DJ : The street s are pub lic. Road t es ts have been subm itted by the app li cant and
review and approved by Mr. Richard Joh nson, PE , Public Works Director.
Landscaping: A l andscaping p lan was submitted. Th e City of Fairhope Horticulturist , Mr. Paul Merchant, ha s
reviewed and approved the plan and conducted an in spection . The land scaping at the entrance i s not
complete. Staff has disc us se d this with the developer and they are installing the landscaping. According to
the developer, the landscaping will be comp l ete in approximate ly 3 weeks.
5 SD 19.24 Hamlett at Old Battles Vi ll age -May 6, 2019
Sidewalks: (Article V Section D .6): Sidewa lks in front of lots are being addressed w ith a performance
guarantee. The sidewalks in front of common areas are in stalled; howeve r, the entrance landscaping ha s
not been insta lled.
There i s a note on the plat regardin g a 1' pedestrian easement on sidewalks. This w as handled with the
preliminary plat. The City requested an 8' planting strip therefore the sidewalk wou ld not fit within the
right-of-way. No comments have been provi ded by Mr. Richard Johnson, PE, regarding this item.
Fire Hydrants (Article VI Section G): Fire hydrants are required at every intersection and every 450 feet.
The Water Department has provided their final in spection comments in the final in spection letter and no
issues were identified w ith the fire hydrants.
Wetlands (Article V Section F}: Per Kim Burmeister, Code Enforcement Officer, requested clarifi ca tion
regarding the prese nce of wetlands (isolated or non-isolated) in during the preliminary plat for the Hamlet.
The app li cant confirmed there is no grady pond on or near this phase of the development.
BMP Plan (Article V Section F}: Kim Burmeister, Code Enforcement Officer, provi ded h er final inspe ction
comments. Her in spection of comp leted items are pending.
Drainage Easements: Mr. Richard Johnson, Director of Public Work found a co rrection that was required to
the origina l drawings stating: "A 20' drainage easem e nt shall be provided between lots 246 and 247 to
accommodate pipe 99's 7 -foot depth". This correction ha s been m ade and th e easement i s show n on the
final plat.
Water and Sewer: The list of final inspection item s for water and sewer have been pro vided by Water and
Sewer staff. Th e re-inspection of the completed punch li st i s p e nding. Th e Water and Sewe r Superintendent
has revi ewed and approved the sewer video, the bacteria tests, vacuum tests, and submittals related to th e
Water and Sewer.
Final Inspection: Staff conducted final inspection s at differing times due to conflicting sc h ed ule s. A final
in spection letter wa s tran smitted to the applicant on April 8, 2019 .
6
1. There were som e v alves in the path of where the sidewalk in front of hous es will go.
Erik Cortina s spoke t o the site engineers and the Building Department will hand le th e water valves in the
sidewalk during th e individu al home construction projects. "Th ey are clear as far as t he Buildi ng Dep t is
co ncerne d."
2. Th e drain box at lot 228 and 254 were not gro uted pro pe rly. The re are cracks in th e grout around th e pi pe. The
co ntrac t or wi ll ha ve t o re-gro ut and call the City for a re-in spec tion.
3. Every item was completed excep t the sewer lateral. Since the lateral w as ran directly in the manhole the
lateral has to ha ve an invert chann e l ch ipped out t o the main in vert. Otherwise the paper from that house will
back -up at the opening.
4 . The land sc aping portion of the work at the entrance of the subdivision is still pendin g, but the
applicant i s working on it. St aff w ill make it a co ndition of approval. Staff will need t o sc h edule a final
in spection once the work is comp l et e d.
5. Most of the site is stabilized (1 st picture) but there are stil l a few areas, including the drainage swale, tha t requ ire
mulch/seed/seed growth. Staff is pending commen t from Mr. Richa rd Johnson as to whether the swale needs to
be seeded or sodded ,
SD 19.2 4 Ham lett at Old Battles Vill age -May 6, 2019
Maintenance Bond (Article VI Section E 4): The applicant ha s submitted the required maintenance bond
package including the maintenance agreement, the maintenance bond and the engineer's cost estimate.
The applicant corrected the issues related to the maintenance bond .
Subdivision Bond (Article VIL Requirements to Complete Improvements): The applicant has submitted a
financial guarantee package for performance of the sidewa lks and street trees. The applicant has corrected
the issues w ith the subdivision bonds.
Waiver Requests: No waiver requests have been made .
Recorded Plats (Article IV Section D.7): All conditions of approval sha ll 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 Subd ivision Regulations.
Other: Any applicable outside agency permits shall be obtained.
Th e subdivision regulations contain the following criteria in Article IV. 8.2. Approval Standards.
"2. Consistency with Plans, Regulations and Laws -The Planning Commission shall not approve the
subdivision of land if the Commission makes a finding that such land is not suitable for platting and
development as proposed, due to any of the following:
a. The proposed subdivision is not consistent with the City's Comprehensive Plan, and/or the City's
Zoning ordinance, where applicable;
b. The proposed subdivision is not consistent with the City's Comprehensive Plan or any other plan or
program for the physical development of the City including but not limited to a Master Street Plan,
a Parks Plan, a Bicycle Plan, a Pedestrian Plan, or the Capital Improvements Programj
c. The proposed subdivision is not consistent with these Regulations;
d. The proposed subdivision is not consistent with other applicable state or federal Jaws and
regulations; or
e. The proposed subdivision otherwise endangers the health, safety, welfare or p.roperty within the
planning jurisdiction of the City."
This application appears to be consistent with the City of Fairhope's Comprehensive Plan and Zoning
Ordinance as the Ma ste r Plan was approved by City Council on August 22, 2016 and the propo se d PUD
modification that was approved by City Counci l :
Th e proposed subdivision appears to be consistent with the minimum requirements for preliminary plat
subd ivision with the except i on of some pending final inspection items which has been li sted as a condition of
approval. Staff is unaware of any pending issu es related to app li cable state or federa l locals and regulations
and health and safety. The burden of re sponsibility is on the appl i cant to coordinate with any appropriate
agency regarding their proposed project.
Recommendation: Staff recomm en ds approva l of the app lication contingent upon th e following conditions:
7
1. Approval of all completed punch li st items by City of Fairhop e Dep artment Heads or their designated
represe ntatives.
SD 19.24 Hamlett at Old Battles Vi ll age -May 6, 2019
Summary of Request: Request of AT&T for an 11.52.11 Utility Review of approximately 2,720 linear feet of
underground installation of fiber optic cable. The project will run along Thompson Hall Road from Fairhope
Avenue to Windmill Road.
This application is under review due to Alabama Code 1975 11-52-11.
According to state code, an 11.52.11 review is done "whenever the commission shall have adopted the
master plan of the municipality or of one or more major sections or districts therof, no street, square, park
or other public way, gorund or open space or public building or structure of public utility, whether publicly
or privately owned, shall be constructed or authorized in the municipality or in such planned section and
district until the location, character, and extent thereof shall communicate its reasons to the council, which
shall have the power to overrule such disapproval by a recorded vote of not less than two thirds of its entire
membership provided futher, that if the public way, ground, space, budiling, structures, or utilitiy is one the
authorization or financing of which does not, under the law or charter provisions governing same, fall within
the province of the municipal council, then the submission by the planning commission shall be to the board,
commission or body having such jurisdication and the planning commission's disapproval may be overruled
by said board, commission, or body by a vote of not less than two thirds of its membership."
Project Scope : The applicant proposes to install approximately 2,720 linear feet of 1.5" and 2" HPDE
conduit, equipped with a fiber optic cable along the west side of Thompson Hall Rd. to Morphy Avenue and
Margaret Drive where it crosses the road to continue along the east side of Thompson Hall Road to
Windmill Road .
No hand holes or pedestals will be included in this project. The applicant proposes to directional bore all
work on this project. All bores to be a minimum of 36" deep, and all drainage crossings to be 36" under
drainage structures. Staff has requested the applicant take special care in the vicinity of any large trees
along Thompson Hall Road.
The applicant has provided a vicinity map of the work area:
HWY 104
M -co co -O" 0
0: >-
>-3 _ ... >-:r:
r: I-z ::,
0 u TO MA LBIS
FAffl HOPE AVE
-
"'JOB SITE
MORP HY AV E / z
00
ll)O:: \oll NOMILL RO
Cl.
~_J
Q _J
I <l:
t-:X:
2 UR 19.13 AT&T-May 6, 2019
• The site shall comply with all State, Federal and local requirements, including, but not limited to the
follow ing Cit y of Fairhope Ordinances:
1. City of Fairhope Wetland Ordinance( #1370), which regulate s activity within 20' of wetlands.
2. City of Fairhope Red Soil and Clay Ord inance {#1423), which prohibits the use of red
soil/clay within 100' of critical area s.
3. City of Fairhope Erosion Control Ordinance (#1298).
• State and Federal permits shall be on file with the City of Fairhope Building Depa rtment, prior to the
iss uance of City of Fairhope permit s.
• The applicant shall provide as-built profiles of the in stalled lines, sho w ing th e exact depth. The
applicant shall provide full sized plan s {24"X36") for th is _application and for future applications.
Superintendent and Department Head Comments :
Public Works Director:
• The applicant ma y need to adjust the boring depth s to protect any roots of trees, along th e proposed
work area.
• Any trees prese nt shall not be nega tive l y impacted. Handhold s shall not be located within the driplines
of Heritage trees (a s defined by the Tree Ordinance). If proposed w o rk is within a tree dripline,
consult with the City of Fairhope Horticulturist before proceeding with earth work.
• The applicant shall provid e ve rification of the depth of the bore to the Public Works Director. All
conduit/cable shall be placed at a depth from existing gra de per indu stry an d/or County St an dard s. A
minimum horizontal and/or vertical cl earance (separation) of 36" must be maintained from storm
water and utility infrastructures. No handholes, bo xes, or other above ground infrastructure shall be
installed within drainage easements. Ped es tals sha ll be placed in a manner as to avoid obstructing
visibility of motori sts and to allow vehicl es to ex it the roadway durin g an emerg ency.
• Any boxes/hand holes ca nnot be pl ace d in sid ewa lks . The applicant shall review the sidewalk plan to
det ermine if there are any conflicts . The applicant shall co ordinate work with Mr. Richard John so n, PE,
Public Works Director, to reso lve any potential conflicts.
Buildin g Official :
4
• Written notice shall be provid ed in advance to the affected bu si n ess owners/residential, along with a
written sc hedule.
• The material under the sidewa lk sh all b e compacted and the repair work shall be to the satisfaction of
the Building Official or his designated repre se ntative. The applicant sh all contact th e Building
Department for in spection prior to placing concrete.
• BM P's shall be in stalled at boring sites.
• Ground Condition s in the ROW 's shall b e return e d to origina l pre-construction con dition(s) or better.
• All plan s and permits shall be available for revi ew at all tim es along with the Ci ty of Fairhope p ermit
applicati on.
• If required, ap pro p riate ALDOT or Baldwin Co unty Hi ghway Department perm its shall b e obtained prior
to the is suan ce of a ROW permit.
• Contractor is advised to r ev i ew and comp ly with the Building Offi cia l best practices flyer.
• Applicant and applicant's contractor shall follow th e Ri ght of Way In stallation Permitting and Work
Proc edures do cument available in th e Building Department, including any suppl eme nts provided b y
the Building Official at the time of ROW permit i ssua nce.
UR 19.13 AT&T-May 6, 20 19
Water and Sewer Department 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.
Gas Department Standard Comments:
• Contractor shall provide proper separation from the gas main and all other utilities.
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 ith 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 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 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.
Recommendation:
To approve with the following conditions:
5
1) The applicant shall follow the general comments related to utility work, as stated above.
2) All mechanical equipment shall be painted Munsell green as applicable.
3) The applicant shall provide verification of the depth of the bore to the Public Works Director.
4) A pre-construction conference shall be held prior to construction and written notice shall be
provided in advance to the affected residents, along with a written schedule.
UR 19 .13 AT&T-May 6, 20 19
Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed underground
installation of approximately 1049 linear feet of fiber optic cable within the City of Fairhope's ROW's. The installation
will be a directional bore beginning at the intersection ofTensaw Ave. and Pensacola Ave. travel ing down Pensacola
Ave. towards N. Mobile St. Also placing approximately 1878 linear feet of fiber optic cable that will be lashed to
existing cable along Pensacola Ave., Ten saw Ave., and N. Mobile St. The project wi ll require the in stal lation of 7 flu sh
to grade hand holes and 4 pedestals 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 (AWOT) shall require permits
through the Baldwin County Highway Depa rtment 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 dripline s of Heritage Trees (as defined by the Tree Ordinance).
• Any proposed trenching shall not be w ithin the dripline of trees.
• If within a tree dripline, consult with the City of Fairhope Horticulturist befo re proceeding with earth work .
• Trees shall not be negatively impacted .
The applicant shall provide drawings locating their utilities with other utilities and the sid ewa lks . Ahy
boxes/hand holes cannot be placed in the sidewalk. The applicant shall review the sidewalk plan to determine if there
are any co nflicts. The applicant shall coordinate work with Richard D. John so n, PE, Public Works Director, to r eso lve
any potential conflicts.
All conduit/cable shall be placed at depth from existing grade p er 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 visibil ity 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 line s with hand holes and equipment.
The material und e r the sidewalk shall be compacted and the repair work shall be to the satisfaction of the Buildin g
Official or hi s designated representative. Th e 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 Fairhop e Build ing Department
prior to beginning work.
• Subcontractors shall have a current business license with the City of Fairh ope 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 co ntractor's
ve hicles.
• Any ROW cuts shall be stabilized (covered) at the end of each day and disturbed areas shall be re-vegetated
with sod within t en (10) days of completion of the project.
• Mulch/ seed shall only be acceptable as temporary cover.
• Sod shall be watered as needed to e nsure survival.
2 UR19.14AT&T-May6,2019
• 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 Departm e nt permits shall be obta i ned 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 se paration shall be maintained between utilities.
• All mechani cal equipment shall be screened by painting the equipment Munsell Gre en.
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 pa id for and picked up by contractor).
• The ROW permit shall be kept with the con tractor or subcontractor at all times during site work. The RO W
permit shall be posted on the job site or in the window of con tractor(s) vehicle.
• All contractors/subcontractors are subject to Ci ty of Fairhope Business Li cens e procedures.
This site shall comply with all State, Fed eral and local requ ire ments, 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 us e of red soil/ clay within 100' of criti cal
areas.
3. City of Fairhope Ero sion and Sediment Control Ordinance (#1398).
State and Fed eral permits shall be on file with the City of Fairhope Building Depart ment, prior t o the issuance of City of
Fairhope permits.
The applicant shall provide as-built profiles of the in stall ed lines, showing the exact depth.
Recommendation:
Staff recommends approval of UR 19.14 conditional upon the following:
3
1) Th e applicant shall follow the general comments re lated to utility work, as sta ted above.
2) Ap plicant and applicant's co ntra ctor shall follow the Right of Way Installation Permitting and Work Procedures
document provided by the Buildin g Offi cial.
UR 19.14 AT&T - M ay 6, 2019
approval, 10% greenspace was required for any development as dense or denser than R-1 Residentia l
Zoning District (2.9 units per acre). The applicant in 2017 added two additiona l lots (via a re-plat of common
area) to the development (see attached plat) which increases the original density.
Also, in 2001, an amendment to the PUD decreased th e set back from 40' to 35', thereby, increasing the
buildable area of each l ot by 5', and reducing th e potential perviousness of the actual lots. In February 2004,
the applicant used up two "future" lots which h ad been reserved for future lots.
In 2017, commo n area 9 was re-platted, creating common area into two lots.
Comments:
Staff has concern over this proposal for multiple reasons, the most significant being the precedent it sets to
other neighborhoods to view loss of greenspace as a so lution to drainage maintenance issues.
Article V Section D C Greenspace Standards (1):
Common area/green space is intended for multiple purposes/goals a). To create focal points for new and
existing neighborhoods by providing appropriately located neighborhood parks, schools, parkways,
central squares, pocket parks and other amenities b) support development of recreational opportunities, c)
link village centers to neighborhoods with a parks and trail systems d) provide a public gathering space e)
include open spaces (plaza, parks, greenspace for social activity and recreation in new infill development;
and greenbelts or greenway corridors along environmentally sensitive natural features. Staff believes
this green space serves a "focal point" function as it is located at the v isible end of a main thoroughfare.
Greenspace also provides absorption for stormwater. Staff is highly concerned about the approach and
precedence for converting greenspace within developments to pay for drainage issues of developments.
Th e reason for converting this green space (paying for drainage maintenance costs) appears inconsistent
with the purpose that greenspace provides (ie. increased pervious surface).
Additionally, Planning Commission legal counsel, Mr. Ken Watson, has pointed out that the definition of PUD
in the Zoning Ordinance includes the principle that the proposed development is "tailored to the unique
constraints and conditions of a particular site" and that Article IV, Section A (1) provides that open space
standards are implemented to "ensure that each area of open space serves a spec ific function and is not
merely left over or under-utilized space." The language, as well as sound planning principles, indicates that
this common area is serving a particular need or function that was important to the initial approval. Mr.
Watson advises that the regulations do not contemplate that the earlier approval of a PUD can later be
changed merely for the financial convenience of the POA.
Mr. Watson al so indicated that if the applicant choses to move forward with this application, it wou ld need
to proceed as a PUD Amendment. Th e staff concurs.
For the reasons stated above, staff and lega l counsel are not in support of the proposed division of this
common area into lots.
Recommendation:
For the benefit of the applicant and staff, please provide insight and comments regarding the proposed
subdivision.
5 IR 19.03 Southland Plac e PUD -May 6, 2019