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Home My WebLink About06-03-2019 Planning Commission Agenda PacketKarin Wilson Mayor Cmmc,1 Ml'mbers Kevin G. Boone Robert A. Brown Jack Burrell. ACMO Jimmy Conyers Jay Robinson Lisa A. Hanks, /vlMC City Clerk Michael V. Hinson, CPA City Treasurer 161 North Seccion Street P 0 . Drawe r 4 29 Fairhope , Alabama 36533 25 1-928-2 136 25 1-928-6776 Fax www.fairhopea l .gov 1. Call to Order 2. Approval of Minutes • May 6, 2019 City of Fairhope Planning Commission Agenda 5:00 PM Council Chambers June 3, 2019 3 . Consideration of Agenda Items: A. ZC 19.07 B. ZC 19 .08 Public hearing to consider the request of Pauline Moyd to rezone property from RA Residential Agriculture to PUD (Planned Unit Development). The property is located on the southwest corner of the intersection of State Hwy. 181 and Bay Meadows Avenue, at 19401 St. Hwy. 181, to be known as Live Oak Estates. PPIN #: 15078 Pub lic hearing to consider the request of the City of Fairhope Planning and Zoning Department for an amendment to Article V. Special Districts and Uses in the Zoning Ordinance to establish a Greeno Road Corridor Overlay District. C. SD 19.19 Public hearing to consider the request of Martinet Family Trust for plat approval of Martinet Subdivision, a 2-lot minor division. The property is located on the south side of the intersection of Cains Lane and Laraway Lane. PPIN #: 236255 D. SD 19.23 Public hearing to consider the request of Rivers and Mandy Calvert for Preliminary and Final p lat approval of Ca lvert Family Subdivision, a 4-lot subdivision. The property is located at the southwest corner of the intersection of River Park Road and Meadow Road. PPIN #: 33864 E. SD 19.25 Public hearing to consider the request of Riverwood Estates, LLC for Preliminary plat approval of River Place , a 23-lot subdivision. The project is located on the west side of River Park Road just south of County Road 32. F. SD 19 .26 PPIN #: 30354 Public hearing to consider the request of Taylor D. Wilkins, III, for plat approval for Gayfer and Bishop Subdivision, a 3-lot m inor division. The project is located on the northwest corner of the intersection of Gayfer Road and Bishop Road. PPIN #: 109947 G. SD 19 .27 Public hearing to consider the request of TH Fairhope Falls 2018, LLC for Final plat approval of Fairhope Falls, Phase Two, a 34-lot subdivision . The project is located on the south side of County Road 48 and west of Fish River. PPIN #: 2846, 39102 and 286553 H. SD 19.28 Public hearing to consider the request of The Verandas, LLC for Final plat approval of The Verandas, Phase 4, a 32-lot subdivision . The project is located on the southwest corner of the intersection of State Hwy . 104 and Lawrence Road. PPIN #: 377688 I. UR 19.15 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 1,932 linear foot of underground fiber optic cable . The project will run along Fairhope Avenue, N. School Street, Equality Street, N. Bancroft Street, Pine Street and N. Section Street. J. UR 19 .16 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 636 linear foot of underground fiber optic cable . The project will run along S. Summit Street, St. James Street, and S. Bayview Street to service Knoll Flats at 72 Fairhope Avenue. K. UR 19.17 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 1,231 li near foot of underground cable and conduit. The project will run from 8 S. Summit Street to 50 S. Bayview Street, via St . James Street. L. UR 19.18 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 630 linear foot of underground fiber optic cab le road crossings. The project will run throughout Fo x Hollow, Phase 2. 4. Old/New Business 5. Adjourn If the rezoning is approved, any subse quent sub division plat must conform to the above standards which w ill be included on the site plan. The dimen sions table reflects a minimum lot width of 52' and 75'. There are 62 lots that are 52' wide and 45 lots that are 75'. The commercial parcel will be subject to a stand alone site plan at time of development. {3} The character of the surrounding property, including any pending development activity; Response: The proposed PUD will utilize lots that are 75'X120', 75X130' and 52'Xl30' in width. The reduction on the 75'X120" lots allows for extra buffering along Bay Meadows Ave protecting existing large oak trees and extra buffering to the west. The lots were designed to match the sizes of the recently approved Twin Beech Estates adjacent to south. The property on the west side is zoned R-2 which ha s a minimum lot size of 10,500sq ft or approximately .25 acres; however, the lots are currently approximately 2.3 acre s with single-family dwelling units. The difference in lot sizes is remedied by a 30' natural vegetative buffer. The north end of the property adjacent to Bay Meadows Ave. is proposed to have a nc:1tural buffer of 50' that will aid in a visual and sound barrier as well as preserve the oak trees previously mentioned. The adjacent properties on the north side of Bay Meadows are zoned R-2 and approximately 1.0 acre. The properties adjacent to the subject property on the east side are mad e up of various sized unincorporated unzoned parcel s. The commercial parcel and retention/detention pond will be located on this side providing a transition from commercial use to residential use coming from ST HWY 181. A 30' landscape buffer will separate the commercial development from the residential development. A Density Compatibility Analysis is a planning and zoning tool that is utilized to examine the surrounding areas to get a snapshot of the current density. A¼ mile buffer is drawn around the subject property using the buffer tool within KCS Fairhope Map Viewer. In order to arrive at an average development density for all adjacent areas and surrounding neighborhoods, a weighted average is utilized so that though the actual or allowable development density remains constant, the weighted average will be in terms of the actual acreage of the development within the buffer area. According to the site plan submitted pursuant Article II.C.2(a}, the requested 107 single -family re sidential lots result in a requested density is 3.18 units per acre . Staff conducted a compatibility analysis which indicated an acceptable compatible density of 2.01 units per acre. Weighted Actual Weighted Allowable Weighted Average 1.089396 2.940 308 2 .014852 Requested Dens ity 3.18 {The difference between Weighted Actual and Weighted Al lowable is due to the larger R-2 sized lots west of the subject property.) The site plan also indicates a green belt along the perimeter sep arating the subject properties lots and those adjacent to the property. The buffering and separation are used as a mitigation mea sure between dissimilar lot sizes. The s ite plan also shows 3 different points of access. Two are from Bay Meadows Ave. and one uses a connection to Twin Beech Estates which has the sa me density and similar lot sizes. 4 ZC 19.07 Li ve Oak Estates -June 3, 2019 The shaded area represents the¼ mile buffer. (4) Adequacy of public infrastructure to support the proposed development; Response: Fairhope Utilities water and power are readily available and Fairhope Utilities sewer and gas can be made available during the subdivision process. (5) Impacts on natural resources, including existing conditions and ongoing post-development conditions; Response : The subject property is located on previously farmed land with no indication of wetlands being present. The image below indicates the topographic relief. The high point is at an approximate elevation of 115 in the northwest corner and the low point is at an approximate elevation of 80 in the southeast corner. The preliminary site plan shows a retention/detention pond in the southeast corner of the property to capture and treat the stormwater runoff. 5 ZC 19.07 Live Oak Estates -June 3, 2019 Article V Section H Special Districts Medical Overlay District FAIRHOPE ZONING ORDINANCE 64 (2) Mixed-use buildings shall be vertically mixed in use. Retail uses shall be placed at street level. F. Special Exceptions. (1) Research and development (2) Hotel (3) Crematoria (4) And any such other uses as deemed appropriate in the district by the Planning Commission. The Planning Commission shall review a proposed use at the time the special exception application is presented to the Planning Commission according to the submittal deadlines and meeting dates established by the Planning Commission. G. Development Standards. (1) The B-4 (Business and Professional District) development standards and area and dimensional requirements shall apply in this district: (2) Any residential, hotel, dormitory, nursing home or convalescent use shall not exceed the density established for the R-5 (High Density Multi-Family Residential District) at a minimum lot area of 10,500 square feet for two dwelling units plus 4,100 square feet for each additional unit / 10 units per acre maximum. (3) No building or portion of a building visible from a public street or right of way shall be exposed metal. A façade of some type or material shall be used to visually screen the metal from the public street or right of way. I. GRD – Greeno Road District Overlay 1. Intent – The Greeno Road District (GRD) overlay is intended to provide a transition of use intensity from less intensity to greater intensity back to less intensity along Greeno Road. The GRD overlay begins at Dale Drive and terminates at Battles Road, a distance of approximately XXX miles. The GRD overlay includes five (5) distinct areas approximately 400’ wide east and 400’ wide west of the centerline of Greeno Road (US HWY 98) within the Corporate Limits of The City of Fairhope: • Northern Edge District o Dale Drive to South Drive • North Village Center / Parker Road Village Center o South Drive to State HWY 104 • Gateway District o State HWY 104 to Edwards Avenue • Fairhope Avenue Village Center o Edwards Avenue to Morphy Avenue • Southern Edge District o Morphy Avenue to Battles Road The GRD is much more automobile-oriented than the CBD, however the GRD seeks to reflect the Fairhope Image” contemplated by the Comprehensive Plan through controlled signage, interconnectivity, sidewalks, and extensive landscaping. The GRD is intended to serve the entire community by: • Better-managing the automobile-oriented nature of Greeno Road by limiting drive-up windows; • providing a mix of uses; • Encouraging retrofit of existing shopping centers by building to the right-of-way • Prohibiting backlit or illuminated plastic signs, neon signs, and video boards; • Buffering residences from automobile-oriented uses through landscape buffers; • buffering surrounding neighborhoods from any adverse impacts of activities in the GRD; • requiring mandatory site plan reviews for all construction activities within the GRD; and • Allowing specified uses only upon appeal to the Board of Adjustment and/or subject to special conditions. DRAFT Article V Section H Special Districts Medical Overlay District FAIRHOPE ZONING ORDINANCE 65 2. Location and Size – The GRD overlay includes: From a point of beginning that is 400’ east of the centerline intersection of Greeno Road/US HWY 98 and Parker Road, on the centerline of Parker Road; run southerly to a point that is 400’ east of the centerline intersection of Greeno Road/US HWY 98 and State HWY 104, on the centerline of State HWY 104; continue southerly to a point that is the midpoint of the northern property line of PPIN 117875 that is one parcel east of Greeno Road/US HWY 98; continue southerly to a point that is 400’ east of the centerline intersection of Greeno Road/US HWY 98 and Dyer Road on the centerline of Dyer Road; continue southerly to a point that is 400’ east of the centerline intersection of Greeno Road/US HWY 98 and Baldwin County Road 34 on the centerline of Baldwin County Road 34; Thence run west 800’ to a point that is on the centerline of Baldwin County Road 34; Thence run northerly to a point that is 400’ west of the centerline intersection of Greeno Road/US HWY 98 and Volanta Avenue on the centerline of Volanta Avenue; continue northerly to a point that is 400’ west of the centerline intersection of Greeno Road/US HWY 98 and Parker Road on the centerline of Parker Road; thence run easterly along Parker to the point of beginning. 3. Applicability – This section applies to all new construction, demolition, Class III renovations, sidewalks, uses, private improvements, and landscape alterations of any kind occurring within the GRD overlay zones. The GRD overlays the underlying zoning regulations. The zoning regulations contained within the City of Fairhope Zoning Ordinance shall apply unless pre-empted by the GRD overlay. Where a conflict exists between the GRD overlay and the underlying zoning regulations, the GRD overlay shall prevail. Existing buildings and structures that do not conform to the requirements of the GRD overlay may be occupied, operated, repaired, receive Class I or Class II renovations, or otherwise continue in use in their existing non-conforming state unless demolished and rebuilt. Single-family structures occurring within the GRD overlay at the time of GRD establishment may utilize Article VII, Non-conformities as applicable. 4. Appeals and Variances – Appeals and Variances shall be subject to the same standards contained within Article, II, Section C.3. of this ordinance. 5. Allowable Uses Use Table – Table X-1 indicates seven categories of uses: (1) residential; (2) civic; (3) office; (4) retail; (5) service; (6) manufacturing, and (7) rural. Within each category, specific uses are listed and indicated as either allowed, allowed subject to special conditions, or allowed by special exception. See Table X-1: Use Table – GRD Overlay Districts 6. Special Conditions for Uses within the GRD – The following special conditions shall apply to all applicable uses within the GRD overlay. These special conditions are in addition to the generally applicable standards that apply to all uses within the GRD overlay district. In the case of a conflict between the generally applicable standard for the underlying zoning district and the specific standard listed in this section for properties within the GRD overlay, the more specific standards in this section apply. A. General – applicable to all districts within GRD a. In addition to the requirements of Ordinance 1537, Signs, the following shall apply to all districts within the GRD i. Backlit or illuminated plastic signs are prohibited ii. Neon signs are prohibited iii. Video boards are prohibited b. Mandatory site plan review i. All work as described in “applicability”, above, requires a mandatory site plan review within the GRD, regardless of whether or not it triggers the site plan review requirements of Article II, Section C.2. 1. Site plan review process shall be completed prior to approval of a building permit or land disturbance permit. ii. A landscape plan in compliance with ordinance 1444 shall be submitted concurrently with the mandatory site plan review for administrative review by staff. DRAFT Article V Section H Special Districts Medical Overlay District FAIRHOPE ZONING ORDINANCE 66 1. In addition to the requirements of Ordinance 1444, tree and landscape ordinance, the landscape plan shall comply with figures XXXX through XXX, below. a. Northern Edge District 1. General – applies to entire district i. Stand-alone ice vending machines are a prohibited use ii. Stand-alone automatic teller machines (ATMs) are a prohibited use iii. Car wash facilities, both automated and self-serve, are a prohibited use iv. Buildings with only flat roofs are prohibited 1. Flat roofs may be combined with mansards, gambrels, gables, hips, and dormers 2. Clinic – allowable uses include: i. Laboratories ii. Therapy / Therapists facilities iii. Counseling / counseling facilities 1. General Personal Services i. Pharmacy / Drug Store a. Drive-through prohibited ii. Bank a. Single drive-through lane allowable at rear of principle building i. Speaker volume limited to 50 decibels 1. Shall not play recorded messages ii. Menu boards / order boards 1. Shall be maximum of 30 square feet 2. Shall be a maximum of 6’ tall 3. Shall be shielded from view from any public street and adjacent residential use or residentially-zoned property iii. No closer than 40’ from any adjacent residential property or residentially-zoned property iv. No less than four (4), 20’ long and 10’ wide stacking lanes at or behind the drive through window or appurtenance 1. May be reduced in number if recommended by a traffic impact study prepared by a licensed professional engineer 2. Separated from other vehicular use and site circulation areas by a landscaped raised divider median or 3. Shall be 12’ wide in curved areas 4. Shall not enter or exit directly into a public street 5. Shall not interfere with waste handling and material loading areas 6. If curbed, shall include an emergency by-pass or exit v. Uses including drive through lanes located adjacent to residential uses or residentially-zoned property shall provide screening and buffering as required by Section 20.5-4 (11) Buffer Zone Landscaping of Ordinance number 1444 vi. Lighting shall not invade or cause lighting trespass to abutting land uses under any circumstances 1. Individual luminaire lamp wattage shall not exceed 250 watts 2. Drive through canopy lights shall be fully shielded and completely recessed into the canopy with flat lenses that are translucent and completely flush with the bottom surface (ceiling) of the canopy 3. Canopy fascia shall extend 12” below the lens of the fixture to block the direct view of light sources from the property line DRAFT Article V Section H Special Districts Medical Overlay District FAIRHOPE ZONING ORDINANCE 67 4. Lights shall not be mounted on the top or fascia of the canopy, and fascias of the canopy shall not be illuminated 5. Parking lot and site lighting luminaires shall be fully shielded and aimed downward away from the property line 6. Building-mounted luminaires shall be fully-shielded and aimed downward and not directly visible from the property line 2. Bed and Breakfast iii. No more than 12 rooms iv. Must be owner occupied and operated 3. Hotel / Motel v. No more than 30 rooms 4. Restaurant vi. Drive-Through Prohibited 6. Catering i. Catering operations are an allowable use in this district 7. Dry Cleaner / Laundry vii. Drive-Through Prohibited b. Southern Edge District 1. General – applies to entire district a. Stand-alone ice vending machines are a prohibited use b. Stand-alone automatic teller machines (ATMs) are a prohibited use c. Buildings with only flat roofs are prohibited i. Flat roofs may be combined with mansards, gambrels, gables, hips, and dormers 2. Clinic – allowable uses include: a. Laboratories b. Therapy / therapist facilities c. Counseling / counseling facilities 3. General Personal Services a. Pharmacy / Drug Store / Bank a. Single drive-through lane allowable at rear of principle building i. Speaker volume limited to 50 decibels 1. Shall not play recorded messages ii. Menu boards / order boards 1. Shall be maximum of 30 square feet 2. Shall be a maximum of 6’ tall 3. Shall be shielded from view from any public street and adjacent residential uses or residentially-zoned property iii. No closer than 40’ from any adjacent residential property or residentially-zoned property iv. No less than four (4), 20’ long and 10’ wide stacking lanes at or behind the drive through window or appurtenance 1. May be reduced in number if recommended by a traffic impact study prepared by a licensed professional engineer 2. Separated from other vehicular use and site circulation areas by a landscaped raised divider median or 3. Shall be 12’ wide in curved areas 4. Shall not enter or exit directly into a public street 5. Shall not interfere with waste handling and material loading areas DRAFT Article V Section H Special Districts Medical Overlay District FAIRHOPE ZONING ORDINANCE 68 6. If curbed, shall include an emergency by-pass or exit v. Uses including drive through lanes located adjacent to residential uses or residentially-zoned property shall provide screening and buffering as required by Section 20.5-4 (11) Buffer Zone Landscaping of Ordinance number 1444 vi. Lighting shall not invade or cause lighting trespass to abutting land uses under any circumstances 1. Individual luminaire lamp wattage shall not exceed 250 watts 2. Drive through canopy lights shall be fully shielded and completely recessed into the canopy with flat lenses that are translucent and completely flush with the bottom surface (ceiling) of the canopy 3. Canopy fascia shall extend 12” below the lens of the fixture to block the direct view of light sources from the property line 4. Lights shall not be mounted on the top or fascia of the canopy, and fascias of the canopy shall not be illuminated 5. Parking lot and site lighting luminaires shall be fully shielded and aimed downward away from the property line 6. Building-mounted luminaires shall be fully-shielded and aimed downward and not directly visible from the property line 4. Automobile Repair a. Service bay doors shall not face toward any public right-of-way. b. Service bay doors shall not face any residential uses or residentially zoned properties c. Automobile Repair facilities located adjacent to residential uses or residentially- zoned property shall provide screening and buffering as required by Section 20.5-4 (11) Buffer Zone Landscaping of Ordinance number 1444 d. Building facades open to view from public rights-of-way shall have a minimum 5’- 0” wide planter strip along the building foundation e. Any structures or uses, in the judgment of the Director of Planning and Zoning that demonstrate a convenience store use or a component of a convenience store use, (such as lighting or signage) shall comply with the special conditions of a convenience store, below. 5. Dry Cleaner / Laundry a. Single drive-through lane allowable at rear of principle building b. Drive-through shall comply with all requirements more fully-described in Pharmacy / Drug Store /Bank, above. 6. Bed and Breakfast a. No more than 12 rooms b. Must be owner occupied and operated 7. Hotel / Motel a. No more than 30 rooms 8. Restaurant a. Single drive-through lane allowable at rear of principle building b. Drive-through shall comply with all requirements more fully-described in Pharmacy / Drug Store /Bank, above. 9. Convenience store a. Fuel pumps shall be behind rear building line of building b. Automatic Teller Machines (ATMs) shall be located inside the building c. Snipe signs and commercial displays in and around fuel pumps shall not be permitted d. Electronic fuel pricing signage a. No other electronic signage above and beyond fuel pricing is allowable DRAFT Article V Section H Special Districts Medical Overlay District FAIRHOPE ZONING ORDINANCE 69 b. Fuel pricing shall remain static between fuel pricing changes e. Convenience stores located adjacent to residential uses or residentially-zoned property shall provide screening and buffering as required by Section 20.5-4 (11) Buffer Zone Landscaping of Ordinance number 1444 f. Building facades open to view from public rights-of-way shall have a minimum 5’- 0” wide planter strip along the building foundation g. Overhead canopy lights shall be fully shielded and recessed h. Lighting shall not invade or cause lighting trespass to abutting land uses under any circumstances a. Individual luminaire lamp wattage shall not exceed 250 watts b. Fuel station canopy lights shall be fully shielded and completely recessed into the canopy with flat lenses that are translucent and completely flush with the bottom surface (ceiling) of the canopy c. Canopy fascia shall extend 12” below the lens of the fixture to block the direct view of light sources from the property line d. Lights shall not be mounted on the top or fascia of the canopy, and fascias of the canopy shall not be illuminated e. Parking lot and site lighting luminaires shall be fully shielded and aimed downward away from the property line f. Building-mounted luminaires shall be fully-shielded and aimed downward and not directly visible from the property line i. Fuel station canopies shall not exceed a ceiling height of 15’-0” and the clearance height clearly identified with a telltale bar j. Adornments to the canopy fascia shall not be designed to express corporate identities via signs, logos, paint colors, or other brand identification k. Fuel station canopies fascia shall not be illuminated, transparent, reflective, or encircled in lights l. Fuel station canopy structures shall be integrated into convenience store buildings via architectural features, colors, materials, and roof lines m. Fuel station canopy supports, pillars, and pump stations shall be comparable with the primary building architecture n. Gabled, pitched, or mansard roof lines that are compatible with the primary building architecture should be integrated into the design of the fuel station canopy, considering the architectural character of the surrounding context in form, material, and color to the maximum extent practicable. o. Fuel station buildings, roofs, and canopies shall not have corporate color banding p. Any signage (including corporate logos or images) provided on a fuel station canopy shall be deducted from the allowable wall signage of the primary structure and may not comprise any more than 50% o the vertical height of the canopy face q. Fuel tank vents shall be screened from view or integrated into the building r. Car wash a. Car washes and vacuums shall not be located within 100’-0” of any residential use or residentially-zoned property. b. Car wash facility facades shall be fully detailed on all sides, matching the primary structure as applicable. c. The use of corporate color banding on the car wash building to match the commercial business logo or signage of the primary structure shall not be used on the exterior façade of the car wash. d. Any signage provided on a car wash building shall be deducted from the allowable wall signage of the primary structure as applicable. 10. Automobile Service Station a. Service bay doors shall not face toward public rights-of-way b. Service bay doors shall not face residential uses or residentially-zoned properties c. Automobile Service Stations located adjacent to residential uses or residentially- zoned property shall provide screening and buffering as required by Section 20.5-4 (11) Buffer Zone Landscaping of Ordinance number 1444 DRAFT Article V Section H Special Districts Medical Overlay District FAIRHOPE ZONING ORDINANCE 70 d. Building facades open to view from public rights-of-way shall have a minimum 5’- 0” wide planter strip along the building foundation e. Any structures or uses, in the judgment of the Director of Planning and Zoning that demonstrate a convenience store use or component of a convenience store use (such as lighting or signage) shall comply with the special conditions of a convenience store, above. f. 11. Dry Cleaner / Laundry a. Single drive-through lane allowable at rear of principle building b. Drive-through shall comply with all requirements more fully-described in Pharmacy / Drug Store /Bank, above. c. Gateway District 1. General – applies to entire district and all uses within district a. Stand-alone ice vending machines are prohibited use b. Stand-alone automatic teller machines (ATMs) are a prohibited use c. Quick-serve restaurants are a prohibited use i. Restaurants offering no table service ii. Restaurants offering take-out or pick-up meals only iii. Food vendors operating via food truck d. Buildings with only flat roofs are prohibited i. Flat roofs may be combined with mansards, gambrels, gables, hips, and dormers e. Mandatory site plan review preceding all new construction activities 2. Grocery / General Merchandise a. Individual uses shall not exceed 6,000sf per story 3. Two -family and Townhouses a. Shall be a minimum of two stories 4. Mixed use a. Ground floor retail/commercial/restaurant use shall not exceed 6,000sf 1. General Personal Services 12. Pharmacy / Drug Store a. Drive-throughs prohibited 13. Bank a. Drive-throughs prohibited 2. Bed and Breakfast a. No more than 6 rooms b. Must be owner occupied and operated 3. Restaurant a. Drive-throughs prohibited 4. Dry Cleaner / Laundry a. Drive-throughs prohibited a. d. Fairhope Avenue Village Center / North Village Center 1. General – applies to entire district a. Stand-alone ice vending machines are a prohibited use b. Stand-alone automatic teller machines (ATMs) are a prohibited use c. Quick-serve restaurants are a prohibited use: i. Restaurants offering no table service ii. Restaurants offering take-out or pick-up meals only iii. Food vendors operating via food truck d. Single-use buildings are a prohibited use e. Buildings with only flat roofs are prohibited i. Flat roofs may be combined with mansards, gambrels, gables, hips, and dormers DRAFT Article V Section H Special Districts Medical Overlay District FAIRHOPE ZONING ORDINANCE 71 f. Mandatory site plan review preceding all new construction activities 2. Mixed-use a. Ground floor retail/commercial/restaurant use shall not exceed 6,000sf 3. Grocery / General Merchandise / Shopping Centers a. Individual uses shall not exceed 6,000sf per story 1. General Personal Services 1. Pharmacy / Drug Store a. Drive-throughs prohibited 2. Bank a. Drive-throughs prohibited ii. Restaurant 1. Drive-throughs prohibited 2. iii. Dry Cleaner / Laundry 1. Drive-throughs prohibited DRAFT Comments: All associated Investors: The associated investo rs are Mr. Edward D. and Ms. Rosanne M. Martinet Family Trust. Lot standards: The current zoning for the property appears to be R-2.The setbacks for R-2 are as follows: front-35 feet, rear-35 feet, sid e-10 feet. Th e app li cant has provided the required 75' of lot frontage at the front setback line. All lots front a publicly maintained right-of-way. Natural Features: The applicant shall provide site data and all applicable permits relative to items such as soils, wetlands, flooding, drainage, natural features and potential archeological features. The applicant has stated that "This project does not have any wetland s or potential archeologica l features, the lots are outside any flood hazard areas." Kim Burmeister has checked the websoils and no hydric soi ls were indicated. Easements: The Operations Director commented that no half easements will be approved unless adjacent property owners dedicate the other half of the easements at the time of approval. The western most lot lin e of Lot 2 and the eastern most lot lin e of Lot 1 shall be 15 feet unless it can be shown that there is a half easement on the adjacent properties. Also, if a 15-foot easement is necessary, then the building setback line sha ll be 15' as no setback can be less than the drainage and utility easement. Utility and drainage easements have been corrected and labeled on the plat. The applicant has corrected the outside side setbacks to 15 feet to accommodate the 15-foot easements. Sidewalks: There are no sidewa lks present in the area; therefore, nothing to connect to. A lso, the road frontage in the area is very limited for the purposes of a sid ewa lk. The appl icant has submitted a waiver request for sidewa l ks. Waiver Request: The applicant has submitted a waiver request to not install sidewa lk s at this location. Below are the standards (Article VII, Section A) that app l y to Waiver Requests. 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 wi ll 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 condit ion of approval. 3 SD 19.19 Martinet June 3, 2019 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 app li cant 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 sha ll be clearly id entified on the plat. Land lying within the flood plain , V or A Zones, sha ll be clearly identified on the plat and a note sha ll be labe led on the plat to that effect. Eri k Cortinas has provided the following comment: "A lot of drainage complaints from houses to the north along Mershon , the grade 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 app licant's response letter that thi s 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 app licant 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 w ill be required . Utility Letters: All utilities in all proposed subdivisions shall be installed underground. Staff has not received the utility letters for Water, Sewer, and Gas. These letters are not necessary as there is an existing structure with utilities at this location. Water and Sewer: The app li cant shal l comply with all City of Fairhope Water and Sewer Standards. Other: Any applicab le outside agency permits shall be obtained . The subdivision regulations contain the following criteria in Article /V.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; 4 SD 19.19 Martinet June 3, 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 and appears to meet the criteria above. Recommendation: Staff recommends approval of the application contingent upon the following conditions: s 1. Removal of the existing shop bui lding 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 Ju ne 3, 2019 Summary of Request: Public hearing to consider the request of Rivers and Mandy Calvert owner and applicant for a 4-lot minor subdivision. The property is located on CR 33 (River Park Road) south of County Road 32 across from Meadow Rd. The subject property is approximate ly 10 acres and the app li cant wishes to divide the property into four lots as a family subdivision. Comments: Baldwin County has an exemption in their regu lations for family subdivisions if a certain criteria is met. The City of Fairhope's Subdivision Regulations does not recognize this exemption. The subject property is in Fairhope's Extra Ter ri torial Jurisdi ction and therefore must follow Fairhope 's Subdivision Regulations. The proposed subdivision accord ing to Fairhope's Subdivision Regulations is a minor subdivision and has been rev iewed accordingly. The applicant has received approval for this subdivision, and it meets the County's requirements for the family exemption wh ich includes that "Each parcel shall have its own in gress/egress and utility access of not less than 30 feet in width". Fairhope's Subdivision Regulations Article V Section E.3.a states that all lots shall front upon a paved, publicly maintained street. The proposed subdivision has two lots that do not front on a paved, publicly maintained street and the applicant ha s requested a waiver. The proposed subdivision does not include the building of any infrastructure or improvements therefore a tree protection plan, landscape plan, and other criteria required for a major subdivision is not applicab l e. The proposed subdivision did not trigger a traffic study. Concerning storm water runoff GMC provided a letter stating that none of the existing flow patterns will be changed by this rep lat. Waiver Request: Article V Section E.3.a states "excep t as provided in Section D.6., all lots shall front upon a paved, publicly maintained street. Double frontage lots are prohibited, except where lots consist of more than 66% of a block". The applicants wish to subdivide the property utilizing a 60' ingress/egress & drainage/utility easement to access parcels B & C as approved by Baldwin County for an Exempt Family Subdivision. They have requested a waiver from this requirement and provided documentation for why it is necessary. (Letter attached) A. WAIVER STANDARDS: (Staff response in red) Waivers may be granted where the Planning Commission finds that the foll owing conditions exist: 1. An extraordinary hard ship may resu lt from st rict compli ance with these regulations due to unusual topographic or other physical conditions of the land or surrounding area not genera ll y applicable to other land areas. -The waiver standards contemplate more, areas that are currently zoned or could become zoned in the near foreseeable future. Therefore, an extraordinary hardship requirement based on unusual topography or physical characteristics for this site is not appropriate. The hardship would be the crossing o f jurisdictions between the City of Fairhope and Baldwin County. 2. The condition is beyond the control of the sub-divider. -Not applicable for this individual case . 3. The requested waiver will not have the effect of nullifying the purpose and intent of the regulation s, the Zoning Ordinance, or the Comprehensive Plan. -The subject property lies outside of the corporate lim it s of Fairhope therefore, nullifying this standard. Also note that subject property also lies outside of the Police Jurisdiction and Permitting Jurisdiction . 2 SD 19.23 Calvert Family Subd ivision -June 3, 2019 • M'eet.s e. The proposed subdivision otherwise endangers the health, safetyJ welfare or property within the planning jurisdiction of the City." • Meets Recommendation: Staff recommends approval of SD 19.23 conditional upon the following: 4 1. Recommendation of approval of Waiver request from the Subdivision Regulation Article V Section E.3.a be approved. SD 19.23 Calvert Family Subdivision -June 3, 2019 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; • 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; • Meets 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 • Afeets e. The proposed subdivision otherwise endangers the health, safety, welfare or property within the planning jurisdiction of the City." • Meets Recommendation: Staff recommends approval SD 19.25 w ith the following cond itions: 1. Add note on plat that the detention/common areas sha ll be maintained by the property owner's association and not by Baldwin County or the state of Alab ama. (As noted on sheet 6 of the drawings.) 2. Add curve and line data to the plat. 3. Will need a copy of the County's review and the County's Engineers Certificate of Review. 4. Closeout testing reports shall include mandrel tests on all HOPE storm water drainage pipes. 4 SD 19.25 River Place -June 3, 2019 Summary of Request: Public hearing to consider the request of S.E. Civil, LLC on behalf of property owner Taylor D. Wilkins ,Ill for a request for approval of Gayfer and Bishop Subdivision, a 3-lot Minor Subdivision. Subject property is located at the northwest corner of Bishop Road and Gayfer Road Extension. The subject property consists of approximately 1.79 acres+/-. Mr. Larry Smith, PE of S.E. Civil, LLC serves as the engineer of record (EOR) for subject application. Comments: MINOR SUBDIVISION 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 indicated in red italic text will be cured by conditions of approval, or in the case of a recommendation for denial of an application, provide rationa l e for that recommendation of denial. Any items initia lly 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.(7) Building set back line s sha ll be s hown on the plat as required by the zoning ordinance or in absence of zoning, as required by deed restrictions . □NIA \ □Acce pted \ IZ!Follow up information requested Commellls: ls the 15' northern side setback in lieu of al/mvab/e IO' side setback specifically requested for subject development? Is per/t(lpS a driveway contemplated within 3' of tile 11orthern property line? The Engineer of Record (EOR) verified via e-mail correspondence the 15 ' side setback is requested to mirror the required 15 drainage and utilities easements for the site. Article JV, Section C.l .b .(8) Plan and profiles of all proposed utilitie s with connections (8) Plan an d profiles of all proposed utili ty with co nnections to existing utility system and all proposed impro vements. Approval of private utility connections for wate r and sewer shall be s ubj ect to th e standards of Article VIII, Sections E. and G ., respectively of the Fairhope Subdivision Regulations , and Chapter 12 of the Code of Ordinances of the City of Fairhope . The app li cant shall submit one co py of utility letters stating availability of se rv ic e. Utility letters and layo ut must be submitted from electric, water sewer, phone , tras h provider, and gas (if app licabl e), stating the prop e1ty may be adequately sen1ed by such utility . □NIA I iZJAccepted with comments j □Revise and Resubmit per comments Cross Reference: Approval o,f private utility connec lionsfor water and sewer shall be subject to th e standards of Article VIII, Sections E. and G .. respectively of th e Fairhope Subdivision Regulations, and Chapter 12 of th e Code of Ordinm1ces of the Citv of Fairhope. Comments: Subject application is a minor subdivision not proposing or requiring installation<~{ infrastructure. Letters of availability are included Ji-om Fairhope Public Utilities Water, Sewer, Natural Gas and Electrical Power as well as AT&T for communications. Two fire hydrants are within 450 ' of subject property to provide fire protection and aflow model is includedfor one hydrant tested. Article I V, Section C. 1. b.(11 ) Flow mod e l data submitted to the standards of the COF Water Depa1tment. □NIA \ IZJAccepted with comments \ □Revise and Resubmit per comments Comments: A flow model was conducted 011 the fire hydrant located near the cul-de-sac 011 Southwood Court. Tile flow model indicates 1104 !!Dm at 20 psi. Article I V, Secti on C. l .b. (13) and A rticle V, Section D .5.a. (9) Tree protecti o n plan fo r all required st reet trees or trees over 24' DBH. Tree protection fences s hall be installed prior to land disturbance activities. (See Appendix G) □NIA j lZJAccepted with comments \ □Rev ise and Resubmit per comments Cross Reference: Ordinance numb er 1444 , Tre e Ordinanc e 2 SD 19.26 Gayfer and Bishop Subdivision -June 3, 2019 Summary of Request: Public hearing to consider the request of TH Fairhope Falls 2018 LLC for Final Plat approval of Fairhope Falls, Phase Two, a 34-lot subdivision. The project is located on the south side of Highway 104 and west of Fish River. The largest lot in phase 2 is approximately 19,902 sf and the smallest lot is approximately 15,000 sf. This development is the second phase of the la rger overall development know as Fairhope Falls. Phase one of this development has already been constructed and consists of 14 7 lots. Site History: The original masterplan of Fairhope Falls was processed as a Village Subdivision. The preliminary plat was approved in 2006 and the plat approval was extended for two years . At the time of extension, the Planning Commission approved the extension conditional upon the applicant meeting the new subdivision regulations with a waiver from the 100-foot buffer requirement from Fish River. At the time, the applicant estimated that approximately 96% of the infrastructure was built and approximately one month from completion. The subdivision did not go any further and the plat extension expired without approval. The original developer went bankrupt and the property remained vacant for approximately 4 years. A new owner bought the property and the application came back through the Planning Commission for preliminary plat and final plat processing. On December 3, 2012, the City of Fairhope Planning Commission approved the preliminary plat application specifying the removal of Lots 1,2, and 3 based on the wetland buffer line. The Planning Commission approved the final plat for Fairhope Falls Phase 1 in July 1, 2013. House construction in Phase 1 began sometime around 2016. The City of Silverhill changed its permit jurisdiction line and Fairhope Falls is now within the town of Silverhill Permit Jurisdiction . The original preliminary plat for Phase 2 and 3 was tabled by Planning Commission on November 10, 2016 . The application was tabled for two months due to an issue with the flow model. January 2016, the applicant submitted for preliminary plat approval for Phases 2 and 3 and was approved. The applicant is currently submitting for final plat approval of Fairhope Falls phase 2. Site History Table for Fairhope Falls Subdivision: Case Numbe r Ap plica nt Case Type Sub division Name Numbe r of Lo ca t io n Zoning PZ Date PZ Lo ts Decision 5D-06-22 Hatch Mott MacDonald Vi llage Fairhope Falls 538 Outside J I 4/3/2006 Approved 5D-06-37 EDS Preliminary Fairhope Falls lA, 150 Outside 8/7/2006 Approved 1B,2 5D-13 -09 Preble -Rish/ GCOF Final Fairhop e Falls , Ph. 147 Outside n/a 7/1/2013 Approved Fairhope Falls , LLC 1 5D-12-08 Preble -Rish, LLC / Smart Preliminary Fairhope Falls , Ph. 150 Outside n/a 12/3/2012 Approved Living, LLC lA, 1B & 2 5D -19-27 Dewberry Final Fairhope Falls , 34 Outside n/a 6/3/2019 TBD Phase 2 5D-16-27 Dewberry /Preble-Rish, LLC Preliminary Fairhope Falls, 68 Outside n/a 11/10/2016 Approved Pha se 2 & 3 2 SD 19.27 Fairhope Falls June 3, 2019 Finished Floor Elevations (Article IV C 1.8 {14): Finished floor elevations have been provided . No comments have been received with regards to the proposed elevations . Fire Hydrants {Article VI Section G): Fire hydrants are required at every intersection and every 450 feet. The Water Department sent an email indicating that all water and sewer issues found at final in spection have been addressed. Storm Sewer (Article VJ Section E.1-2): The applicant has not submitted a storm water video for review. Public Works Director, Mr. Richard Johnson, told staff that the storm sewer v id eo would not be required as the City of Fairhope wou ld not be accepting the road and sewer improveme nts as the project is in Baldwin County. Baldwin County would be responsible for accepting the infra structure. However, Planning staff does need a copy of the storm video for file purposes. Drainage {Article V Section F): The original drainage report for the subdivision was approved at the time of preliminary plat. The Public Works Director, Mr. Richard Johnson, PE, or one of his designated representatives commented in DRC that his staff wou ld not attend the inspection as Baldwin County will be the responsible authority. The Operations and Maintenance Plan was submitted at the time of preliminary plat. The engineer of record sha ll provide his signature on the Operations and Maintenance Plan prior to recording the document. The app li cant sh all record the approved Operations and Maintenance Plan and Agreement. Streets (Article V Section D): The streets in this subdiv ision are public. Road tests have been reviewed and approved by the Public Works Director. Baldwin County w ill ultimately be responsible for the improvements on the project. The previous City of Fairhope Public Works Director, commented during the preliminary plat DRC that the City was not in support of the 4 way stops in this location. At the time of preliminary plat, the applicant added two traffic circles based on the City of Fairhope DRC comments. However, since that time, the applicant met with Baldwin County. According to the applicant's engineer, the county provided documented feedback that they desired the 4 way stops to be consistent throughout. The county w ill ultimately be the owner of the right-of-way, therefore the City wil l have to defer to the County on this issue . Sidewalks: (Article V Section D.6): Sidewalks in front of lots are being addressed w ith a performance guarantee. The applicant has provided a subd ivi sion bond, a bond agreement and a signed engineer's estimate. The sidewalks in front of common areas were in spected. The City of Fairhope Right of Way inspector did provide some general comments. Ho wever, the County has the fina l authority over sidewa lks in their right-of-way. Per Mr. Erik Cortinas sidewalks in front of lots are not within the City of Fairhope Permitting Jurisdiction. Street Trees (Article V Section D 1.b.(4) and Landscaping: Any street trees and/or landscap ing shal l meet the requirements of the current Public Works Director. The approval of the original land scape plan was not completed as it occurred during the transitional period between Mayors and Public Works Directors. Staff met with Mr. Richard Johnson r egarding the land scap in g. The Public Works Director, Mr. Richard Johnson, ha s commented that the sma ll common areas sha ll be planted with trees at a spacing of 50' (the same as the street trees for cons istency.) Water and Sewer Department: Mr. Richard Peterson, Director of Operations, has requested the applicant provide the required sanitary sewer video. He also requested clarification from the Planning Commission legal staff to determine if the City can wa ive the requirement for sewer video since the sewer will not be City of Fairhope infrastructure. The decision from the legal staff is that the video i s a subd ivision regulation 6 SD 19.27 Fairhope Falls June 3, 2019 requirement and the applicant would have to submit a written wa iver request if they did not want to subm it the sanitary sewer video. The Water Department sent an email indicating that all water and sewer issues found at final inspection ha ve been addressed. Street Lights (Article VI.L Completion of Improvements): The applicant has submitted a street light invoice. Staff is verifying with the applicant that the in voice has been paid. Building Official Comments: Mr. Erik Cortinas, Building Official, had no comments regarding this project. He ha s told staff that he w ill not inspect th e project at the time of building construction for the sidewalks in common areas or in front of lots . He commented that Baldwin County is re sponsib le for the sidewalks (as Baldwin County owns the right-of-way in this area) and the project is not within the City of Fairhope's permit jurisdiction. The project is within the City of Silverhill's permit jurisdiction. Final Inspection (Article IV, Section D.4): The final inspection comments have been provided to the applicant. Staff i s requesting the applicant's representative send staff a copy of the final in spection approval by Baldwin County of the proposed subdivision. Maintenance Bond (Article VI Section E 4): The applicant has submitted the required maintenance bond package including the maintenance agreement, the maintenance bond and the engineer's cost estimate. Subdivision Bond: (Article VI.L Completion of Improvements): The app li cant has subm itted a financial guarantee package for performance of the sidewa lks and street trees. 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 sha ll 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 sha ll be obtained. Waiver Requests (Article VII): An appl icat ion is required for any waivers to the subdivision regulations as per Article VII of the City of Fairhope Subdivision Regulations. The applicant has provided a written waiver requests regarding the requirement for a sanitary sewer video. 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 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." 7 SD 19.27 Fairhope Falls Jun e 3, 2019 This site is located in the City of Fairhope Planning Jurisdiction. The applicant requested a waiver to the 100- foot buffer requirement from Fish River in preliminary stage of this development, due to the existence of installed infrastructure prior to the latest regulations. The site is located in the Silverhill Perm it Jurisdiction and is outside of the City of Fairhope Police Jurisdiction. This application is not subject to the City of Fairhope's Zoning Ordinance and improvements (with the exception of the City of Fairhope Water) will be accepted by Baldwin County. This site appears to be in compliance with applicable regulations. Staff did not review this application for other agency responsibilities. The applicant is responsible for ve rifying and addressing any other agency requirements that may apply. Recommendation: Staff recommends approval contingent upon the following conditions: 8 1. The applicant shall complete the final punch list (including the incomplete landscaping) to the approval of the City of Fairhope Supervisors. 2. The Planning Commission approval of the waiver request asking for approval to not submit the sanitary sewer video for the Baldwin County Sewer System or the applicant shall supply the sanitary sewer video. 3. The surveyor shall sign the plat. 4. The applicant's representative shall provide planning staff a copy of the final inspection approval by Baldwin County of the proposed subdivision and the storm sewer video. 5. Submit a copy of the storm sewer videos for Fairhope files. SD 19.27 Fairhope Falls June 3, 2019 View of Subject Property. View looking southwest View toward the west. View toward the north west. View of poured sidewalk. View looking to the east (Hwy 104 on left. 3 SD 19.28 Th e Verandas Phase 4 June 3, 2019 Fairhope right-of-way inspector did attend the final inspection and had some comm ents as it related to the City of Fairhope requirements wh i ch have been added to the City of Fairhope punch list. Operations and Maintenance Plan was submitted at the time of preliminary plat. The eng ineer of record has provided his signature on the document. The applicant shal l record the approved Operations and Maintenance Plan at the time of final plat recording. Streets (Art icle V Section D): The streets in this subdivision are pub li c. Road tests have been reviewed and approved by the Public Works Director. Baldwin County will ultimately be responsible for maintenance of the improvements on the project. Sidewalks: (Article V Section D.6}: Sidewalks in front of lots are being addressed with a performance guarantee. The app li cant has not provided a subdivision bond at this time. The sidewalks in front of com man areas have not been inspected at this time. Review comments by the Building Official of these sid ewalks wil l not be in the final inspection l etter comments, as the Building Official sa id that these sidewa lks are the responsibility of Baldwin County. Street Trees (Article V Section D 1.b.{4) and Landscaping: Any street trees and/or landscaping shal l meet the requirements of the approved l andscape plan. Landscaping in the common areas are not complete at this time. Water and Sewer Department: Mr. Richard Peterson, Director of Operations, has r equested the applicant provide the required sanitary sewer video. He also requested clarification from the Planning Commission lega l staff to determine if the City can waive the requirement for sewer video sin ce the sewer wi l l not be City of Fairhope infrastructure. The decision from the l egal staff is that the video is a subdivision regulation requirement and the applicant would have to submit a written waiver request if they did not want to submit the sanitary sewer video. The Water Department sent an email indicating that all water and sewer issues found at fin al in spection have been addressed. Gas Department: The applicant is choosing to not have gas in this development; therefore, there is no certificate for the gas department. Lighting Plan: The applicant has submitted a street li ght invoice and proof of payment . Building Official Comments: Mr. Erik Cortinas, Building Official, had no comments regarding this project. He has told staff that he wi ll inspect the project at the time of building construction for the sidewalks in front of lots. He commented that Baldwin County is responsible for the sidewa l ks (as they own the right-of-way i n this area). Final Inspection (Article IV, Section D.4}: The final inspection letter with punch list items was sent on May 13, 2019. Staff is requesting the applicant's representative send staff a copy of the final inspection approval by Baldwin County ofthe proposed subdivision. Maintenance Bond (Article VI Section E 4): The applicant has subm itted the required maintenance bond package including the maintenance agreement, the maintenance bond and the engineer's cost estimate. There are some dates missing from the documents. They sha ll be corrected and resubmitted. 5 SD 19.28 The Vera ndas Phase 4 June 3, 2019 Subdivision Bond: Th e app li cant ha s not submitted a comp l eted financial guarantee package for performance of the sidewa l ks and street trees. It was missing the financial guarantee. The applicant sha ll provide the guaran t ee. Recorded Plats (Article IV Section D.7}: A ll conditions of approval shall be satisfied in a timely manner. At the time of final plat, the applicant shall have all items comp leted so the Plat may be recorded within a 60 - day time frame, per the Ci t y of Fairhope Subdivision Regulation s. Other (Article IV Section C.18): Any appl icable outside agency permit sha ll be obtained. Waiver Requests: An app licat ion i s r equired for any waivers to the subd i vis ion regulat io ns as per Arti cle VII of the City of Fairhope Subdivision Regulations. The applicant ha s provided a written waiver requests regarding the requirement for a sanitary sewer video . 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 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." This site i s located in the City of Fairhope Planning Juri sdiction. The site is located in the City of Fairhope Permit Jurisdiction and the City of Fairhope Police Juri sdiction. This application is not subject to the City of Fairhope's Zoning Ordinance and the improvements (with the exception of the City of Fairhope Water) will be accepted by Baldwin County. Thi s site appears to be in compliance with applicable City of Fairhope regulations w ith the exception of the conditions of approva l listed below. Staff did not review this app li cation for other agency re sponsibil ities. The applicant is re spo n sible for verifying and addressing any other agency requirements that may apply. Recommendation: Staff recommends approval conti ngent upon the following conditions: 6 1. The applicant shall complete the final punch list (including incomplete l andscaping) to the approval of the City of Fairhope Departm ent Heads. 2. Planning Commission approval of the waiver request ask ing for approval to not submit the sanitary sewer video for the Baldwin County Sewer System or the applicant shall submit the sanitary sewer video. 3. The surveyor sha ll sig n the plat. 4. The applicant's repre sentative sh all provide planning staff a copy of the final in spection approval by Baldwin County ofthe proposed subdivision and sto rm sewer video. 5. The required completed subdivision bond package shal l be provided. 6. Submit a copy of the storm sewer videos for Fairhope files. SD 19.28 The Veran das Phase 4 June 3, 2019 Summary of Request: Request of AT&T for an 11.52 .11 Utility Review and approval of the proposed underground installation of approximately 1932 linear feet of fiber optic cable and overlashing of approximately 900' of aerial fiber optic cable to existing copper cable within the City of Fairhope's ROW's. The installation will be a directional bore or aerial where indicated on drawings along Fairhope Ave to N. School St. to Equality Ave . to N. Bancroft St . to Pine St. to N. Section St. The project will require the installation of 3 flush to grade hand holes and 2 ped estals 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/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 a nd utility infrastructures. No handholes, boxes, or other above ground infrastructure shall be installed within drainage easements. Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and to allow vehicles to exit the roadway during an emergency. No grade change shall result from the utility installation . The applicant is to avoid any tree drip lines with handholes and equipment. The material under the sidewalk shall be compacted and the repair work shall be to the satisfaction of the Building Official or his designated representative. The applicant shall contact the Building Department for inspection prior to placing concrete. Code Enforcement Officer's Standard Comments: 2 • The applicant, or subcontractor, shall obtain a ROW permit from the City of Fairhope Building Department prior to beginning work. • Subcontractors shall have a current business license with the City of Fairhope and shall have a copy of the ROW permit available for review at all times, and shall be posted on site or in the window of contractor's vehicles. • Any ROW cuts shall be stabilized (covered) at the end of each day and disturbed areas shall be re -vegetated with sod within ten (10) days of completion of the project. UR 19.15 AT&T-June 3, 2019 • Mulch/ seed shall only be acceptable as temporary cover. • Sod shall be watered as needed to ensure survival. • Inlets shall be protected. • If site is within 100' of a critical area (wetland, etc.), no red soils/clay are allowed as fill material, per the City's Red Clay/Soil Ordinance. Building Official's Standard Comments: • BM P's shall be installed at boring sites and trench 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 perm its 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 19.15 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. 3) A tree is proposed to be trimmed on the south side of Fairhope Ave. to the west of Ace Hardware. Paul Merchant the City's Horticulturalist shall be contacted to oversee the trimming of the tree. UR 19.15 AT&T-June 3, 2019 Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 636 linear feet offiber optic cable and 1.5" HOPE conduit within the City of Fairhope's ROW's. The installation will be a directional bore where indicated on drawings along S. Summit St. to St . James Ave . to S. Bayview St. Not all work is continuous. Some areas of work are only under roads. The project will require the installation of 6 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-wa y 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 pro ximity 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, con sult 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 t he 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 handholes and equipment. The material under the sidewalk shall be compacted and the repair work shall be to the satisfaction of the Building Official or his designated representative. The applicant shall contact the Building Department for inspection prior to placing concrete. Code Enforcement Officer's Standard Comments: 2 • The applicant, or subcontractor, shall obtain a ROW permit from the City of Fairhope Building Department prior to beginning work. • Subcontractors shall have a current business license with the City of Fairhope and shall ha ve 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 cu ts shall be stabilized (covered) at the end of each day and disturbed areas shall be re -vegeta ted with sod within ten (10) days of completion of the project. • Mulch/ seed shall only be acceptable as temporary cover. UR 19.16 AT&T-June 3, 2019 • 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. 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 19.15 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 19.16 AT&T-June 3, 2019 Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed underground installation of approximately 1231 linear feet of copper communications cable and 1.5" HDPE conduit within the City of Fairhope's ROW's. The installation will be a directional bore where indicated on drawings along St. James Ave . to S. Bayview St . The project will require the installation of 4 flush to grade hand holes and 2 pedestals as indicated on the drawings provided . Also, this project is the removal of associated aerial facilities for the removal of Fairhope Utility poles. 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 requi r e 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 review the sidewalk plan to determine if there are any conflicts. The applicant shall coordinate work with Richard D. Johnson, PE, Public Works Director, to resolve any potential conflicts. All conduit/cable shall be placed at depth from existing grade per industry and/or County Standards. A minimum horizontal and/or vertical clearance (separation) of 36" must be maintained from stormwater and utility infrastructures. No hand holes, boxes, or other above ground infrastructure shall be installed within drainage easements. Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and to allow vehicles to exit the roadway during an emergency . No grade change shall result from the utility installation. The applicant is to avoid any tree drip lines with hand holes and equipment. The material under the sidewalk shall be compacted and the repair work shall be to the satisfaction of the Building Official or his designated representative. The applicant shall contact the Building Department for inspection prior to placing concrete. Code Enforcement Officer's Standard Comments: 2 • The applicant, or subcontractor, shall obtain a ROW permit from the City of Fairhope Building Department prior to beginning work. • Subcontractors shall have a current business license with the City of Fairhope and shall have a copy of the ROW permit available for review at all times, and shall be posted on site or in the window of contractor's vehicles . • Any ROW cuts shall be stabilized (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. UR 19 .17 AT&T-June 3, 2019 • Mulch/ seed shall only be acceptable as temporary cover. • Sod shall be watered as needed to ensure survival. • Inlets shall be protected. • If site is within 100' of a critical area (wetland, etc.), no red soils/clay are allowed as fill material, per the City's Red Clay/Soil Ordinance. Building Official's Standard Comments: • BM P's shall be installed at boring sites and trench 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 utilitie s. 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) ve hicle. • All contractors/subcontractors are subject to City of Fairhope Business License procedures . This site shall comply with all State, Federal and lo ca l requiremen ts, including, but not limited to the following City of Fairhope Ordinances : 1. City of Fairhope Wetland Ordinance (#1370), w hich 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 issua nce of City of Fairhope permits. The applicant shall provide as-built profiles of the installed lin es, showing the exact depth. Recommendation: Staff recommends approval of UR 19.17 conditional upon the following: 3 1) The applicant shall follow the general comments related to utility wo rk , 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 19.17 AT&T-June 3, 2019 The applicant sha ll contact Alabama One Call to locate all existing utilities. Public Works Standard Comments: • Handholes shall not be l ocated with in driplines of Heritage Trees (as defined by the Tree Ordinance). • Any proposed trenching shall not be within the dripline of trees. • If w ithin a tree dripline, consult w ith the City of Fairhope Horticulturist before proceeding w ith earth work. • Trees shal l not be negatively impacted . The applicant shall provide drawings locating their utilities with other utilities and the sidewa lks. Any boxes/hand holes cannot be placed in the sidewa l k . The applicant sha ll 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 confl icts. All conduit/cab le shal l be placed at depth from existing grade per industry and/or County Standards. A minimum horizontal and/or vertica l clearance (separation) of 36" must be ma intain ed from stormwater and utility infrastructures. No hand holes, boxes, or oth er above ground infrastructure sha ll be installed with in drainage easements. Pedestals sha ll be placed in a manner as to avoid obstructing vi sibil ity of motorists and to allow vehicles to exit the roadway during an emergency. No grade ch ange shall result from the utility installation. The applicant is to avoid any tree drip lines with hand holes and equipment. The material under the sid ewa lk sha ll be compacted and the repair work shall be to the sat isfaction 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: • The applicant, or subcontract o r, sha ll obta in a ROW permit from the City of Fairhope Building Department prior to beginning work. • Subcontractors sha ll have a current business license with the City of Fairhope and shall have a copy of the ROW permit ava ilabl e for review at all times, and shall be posted on site or in the window of contractor's vehicles . • Any ROW cuts sha ll be stab ilized (covered) at the end of each day and disturbed areas shal l be re-vegetated w ith sod w ithin ten (10) days of completion of the project. • Mulch/ seed sha ll on ly be acceptable as temporary cover. • Sod shal l be watered as needed to ensure survival. • Inlets sha ll be protected. • If site is w ithin 100' of a critical area (wetland, etc.), no red soi l s/clay are allowed as fill material, per the City's Red Clay/Soil Ordinance. Building Official's Standard Comments: • BM P's sha ll be installed at boring sites and trench locations. • Ground conditions in the ROW's sha ll be r eturned to original preconstruction condition(s) or better. • A ll plans and permits shall be available for review at all t im es along with the City of Fairhope permit application. • If required, appropriate ALDOT or Baldwin County Hi ghway 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 util ities . • All mechanical equipment shall be screened by pai nting the equipment Munse ll Green. 3 UR 19.18 AT&T-June 3, 2019