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Home My WebLink About09-10-2020 Planning Commission Agenda PacketPlanning Commission Meeting September 10, 2020 IMPORTANT UPDATE: Please note that as the City is responding to current COVID-19 concerns, it is important to keep members of the public, our Planning Commission, and staff as safe as possible. For that reason, we will conduct the Planning Commission meeting on September 10, 2020 as a remote video conference meeting. We will continue to update https://www.fairhopeal.gov/departments/planning-and-zoning for the latest information. The City of Fairhope Planning Commission will hold a virtual public hearing at 5:00 PM on Thursday, September 10, 2020. Microsoft Teams will be utilized to host our virtual meeting. We will strive to meet the intent of the State’s Open Meetings Act under unprecedented circumstances. If you would like your comments to be considered prior to the meeting, please mail comments to the Planning Department at P.O. Box 429, Fairhope, AL 36533, e-mail to planning@fairhopeal.gov or hand deliver to 555 S. Section Street (a drop box is provided in the lobby) by 3:00 PM on Thursday, September 10, 2020. To participate during the public hearings you may join by computer or smartphone: Please send a request to planning@fairhopeal.gov. We will send you a calendar invitation and instructions by 3:00 PM on Thursday, September 10, 2020. You may also join by telephone at: +1 334-530-5148 Access code: 502 356 105# Please call in 10-15 minutes prior to the 5:00PM start time. If you are unable to participate by either of the methods above, you may submit a written request to planning@fairhopeal.gov, or call (251) 990-0214 and we will do our best to accommodate. As always, our meetings are also live streamed on YouTube. You may follow along with the meeting at https://www.youtube.com/user/cityoffairhope. Our response is changing daily. Please monitor https://www.fairhopeal.gov/departments/planning-and-zoning for the latest information. Kann \\'Uson ,ill!,!'01 ((',111~/,l/tlll/i(/'S Kevin G Boone Roben A. 1lr011 n tack Burrell, AfMO limmy Conyers Ja> Rooinson Lisa A. llanks. I.L~IC O()'Cldl 0('borah A Smith. (I',\ P.O. Drawer 42q I a1rhopc, Alabama ;;t_15:;3 201 -0 :zs-ono Fax 11ww falrhopeal.~-ov 1. Call to Order 2. Approval of Minutes City of Fairhope Pl a nning Co m missio n Agen da 5:00 PM Counci l Chambers September 10, 2020 • August 3, 2020 3. Consideration of Agenda Items: A. SD 20.23 Public hearing to consider the request of Eastpark, LLC for Preliminary plat ap proval of Par kstone Subdivision at Eastpark PUD, a 41-lot division . The property is approximately 12.63 acres and i s located on the north side of Parker Roa d j ust east of US Hwy. 98. PPIN #: 15985 and 32028 B. SD 20 .28 Public hearing to consider t he request of Car rigan Britt, LLC for Pre li m inary approval of Park Pl ace o n Greeno, a 35-u nit multiple occupancy project. The property is approximately 5.25 acres and is located on t he east side of US Hwy. 98 j ust north of Volanta Avenue. PPIN #: 12782 and 51434 C. SD 20 .39 Public heari ng to consi der the req uest of Ka ren Alford for plat approval of Lawrence Road Subdivision, a 2-lot minor division. The property is approximate ly 39.94 acres and is located at the southeast corner of the intersection of Lawrence Road and Gayfer Ro ad Extensio n. PPIN #: 36376 D. SD 20.40 Public hearing to consi der the request of FST Aldi, Inc. of Alabama for plat approval of Aldi Subdivision, a 2-lot m inor division . The property is approxi mately 7.14 acres and is located on the northeast corner of the i ntersection of State Hwy. 181 and Co unty Road 48 (a .k.a. Fai r hope Avenue). PPIN #: 248109 E. SD 20.41 Public hearing to consider the request of the Retirement Systems of Alabama for Final plat approva l of Battles Trace, Phase 7, a 38-lot subdivision. The property is approximately 18.9 acres and is located on t he east side of Colo ny Drive just north of County Road 34 (a.k.a. Battles Road). PPIN #: 372296 F. SR 20.02 Request of Left Rigger, LLC for Site Plan approval of Portico, Phase 2, a 12-unit project. The property is approximately 3.52 acres and is located on the northeast corner of Fairhope Avenue and Brown Street. PPIN #: 14769 and 14706 G. SD 20.43 Public hearing to consider the request of 68V Pay Dirt, LLC for Village Subdivision approval of Laurelbrooke Subdivision, a 120-lot division. The property is approximately 59. 72 acres and is located on the east side of State Highway 181 approximately ½ mile north of County Road 24. PPIN #: 34129 H. ZC 20.04 Public hearing to consider the request of the City of Fairhope Planning and Zoning Department for a proposed amendment to Article III, Section C. Dimension Standards of the Zoning Ordinance regarding bay front lots and accessory structures. 4. Old/New Business 5. Adjourn • SD 20.33 Hill Top Subdivision, Phase 1 -Request of 120 day extension of Final Plat approval. 1 SD 20.23 Parkstone Subdivision – September 10, 2020 Planning Commission September 10, 2020 Preliminary Plat Case: SD 20.23 Parkstone Subdivision Project Name: Parkstone Property Owner /Applicant: Eastpark, LLC General Location: North side of Parker Road just East of US Hwy. 98. Project Type: Preliminary Plat Number of lots: 40 Project Acreage: 12.63+/- Zoning District: Planned Unit Development PPIN Number: 15985 and 32028 Engineer of record: Tom Granger, PE Sawgrass Consulting School District: Fairhope Elementary, Intermediate, Middle, and High School Report prepared by: Mike Jeffries, QCI Planner Recommendation: Approval .!... Subj ect Property en I P.-i1dii:er Rd ll-lPGIIP.,~S•'•111i'y 0 1t.Jl1tToW1110U .. $"91,f..,,ry _R ... low0fflatyll~.,_,...,.ry ll../511,gnD-tyD¥41r'IIJRl$Ol®'I ll .. llOllhll_P...,D•ln:1 _e-,~s~,01111112 e...20.,,.,llllu•-D•l•IC:r I - a------j =:~:::::=:;~:_,o_,a - -B-1 au,.,.....,aProflpDN1I01ana ----~------< :::,I ~=:•M~D- PUO PIIIMecl'U,,•Ot>eli)pln.fnl □Parc:alloll.Jne 2 SD 20.23 Parkstone Subdivision – September 10, 2020 Summary of Request: Request of Eastpark, LLC for Preliminary plat approval of Parkstone Subdivision at Eastpark PUD, a 40-lot division. The property is approximately 12.63 acres and is located on the north side of Parker Road just east of US Hwy. 98. The subject property received final approval at the December 23rd 2019 City Council meeting for an amendment to the existing Planned Unit Development (PUD). Application was heard at the August 3rd Planning Commission meeting and has been altered to meet the Planning Commission’s comments. Comments: The proposed subdivision has been reviewed according to Fairhope’s Subdivision Regulations. The property being a PUD has an approved site plan that this subdivision had to be reviewed against as well. - The subject property being a PUD has a separate parcel that has the same allowed business uses as B-2 Zoning in Fairhope’s Zoning Ordinance. It is indicated as lot 40 on the proposed plat. S ITE DAT A T OTA L ACR E.A.G E = 1.2.8 · ACR E S ± TOTA L LI NEAR F OOTAG E O F ST R EETS = 1,8 5 L.F.± TOTA L N U M 'E R O F L OT S = 0 L OTS M IN I M L OT S IZ E = 6,,304 S. F .± (0.1 · ACR ES ±)(L 0 T 21, 0N I G = D (S EE PUD ORD INAN C E # 16168) ,/\N O B A L WIN COU N 8 -(T AX -4 16,-0 . -05 -0 -0 -0 1 0.0 N L Y) MAX IM LOT COVE RAG E = 48% MAX:IMU ~ ILD I N HEI ·HT = FEET M I N I MUM BU ILDI NG S ET BAC K S L OT S 1 -17 &: 23 -39 F RON T = 2 0 FEET R E AR = 2 0 FEET S ID E = 7 FEIT • I E T R E ET = 1 FE ET L OT S 1 8 -2 F RON T = 1 5 FEET R E AR = 5 FEET S ID E 7 FEIT LOT 4 0 0 L.: F R O NT = 20 FEET R .2 0 FEET S I D E = 0 FEET 3 SD 20.23 Parkstone Subdivision – September 10, 2020 - Storm water is partially routed to a small detention pond and then discharges into the main detention pond that also receives the storm water from the remainder of the site providing the required 80% TSS removal. The stormwater is then discharged via pipe under US Hwy. 98 at a lower release rate than the pre-construction rate into Rock Creek. - A traffic study analysis was conducted by Kenneth Nichols, P.E., PTOE with Gulf Coast Traffic and Development Services, LLC. He states in his report “traffic on Parker Road is relatively low in volume and it is my opinion that no detailed traffic analysis is warranted as a result of the development.” The report and traffic data are included with this staff report. o There is one main entrance on Parker Road and one right in/right out entrance via an easement to Greeno Road. - The proposed development per the approved PUD Ordinance requires 21.3% (2.7acres). The Subdivision regulations require 20% based off the net density. The proposed development shows 20% (2.54acres). The development was previously counting 30% of the retention ponds for greenspace credit. One lot has been removed allowing the greenspace to be continuous and meet the 20% without any of the retention ponds being credited. - The subdivision regulations contain the following criteria in Article IV.B.2. Approval Standards. “2. Consistency with Plans, Regulations and Laws - The Planning Commission shall not approve the subdivision of land if the Commission makes a finding that such land is not suitable for platting and development as proposed, due to any of the following: a. The proposed subdivision is not consistent with the City’s Comprehensive Plan, and/or the City’s Zoning ordinance, where applicable; • Meets b. The proposed subdivision is not consistent with the City’s Comprehensive Plan or any other plan or program for the physical development of the City including but not limited to a Master Street Plan, a Parks Plan, a Bicycle Plan, a Pedestrian Plan, or the Capital Improvements Program; • 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 • Meets e. The proposed subdivision otherwise endangers the health, safety, welfare or property within the planning jurisdiction of the City.” • Meets Recommendation: Staff recommends Approval of SD 20.23 Parkstone Subdivision - ---- PUBLIC NON-EXCLUSIVE INGRESS/EGRESS AND UTILITY EASEMENT∆CHECKED BY: SHEET: DATE: DRAWN BY: OF SCALE:NUMBER:REVISION:DATE: 30673 Sgt. E. I. "Boots" Thomas Drive, Spanish Fort, AL 36527 202 Government Street, Suite 225, Mobile, AL 36602 Phone: (251) 544-7900 11 QM JULY, 2020 1"=50' EASTPARK, LLC PARKSTONE SUBDIVISION AT EASTPARK PUD PRELIMINARY PLAT • • •• • CERTIFICATE OF APPROVAL BY THE COUNTY ENGINEER CERTIFICATE OF APPROVAL BY THE BALDWIN COUNTY PLANNING DIRECTOR --l 'j ~ . i" n 0 • . § ~ ~ ;;; ~ ~ ~ h VJ ~ ----j h ~ ~ a h...., VJ t:: h...., q § VJ ~ C) h ~ ~ ! ~ ~: ~; ~ ;: ! l~i ~)~~~~;~~a~~~~~:;; ~~ 0: ~ ~ ~ ~ ~ ~ ~~ ~ ~i~ ~ i ~ ~ ~ ~~~ i~ ii~;~~ ;3 ia ; 1 rn 1mn1rn rnmnm 11rnn U.S. HW'i-98 (R.O.W. VARIES) i ~ i ~~I I~~~~;~~ i ~ ~ ~~~ ~; i I~ Iii~~~~ J., ll tl i :-i :-i r:. ~ l'l 1; r; E 1; 5 r; ~ e 5 ~~El~ i1 5 5 ~ ~ ~ ~ ~ 5 Gulf Coast Traffic and Development Services, LLC P.O. Box 8332 Mobile, AL 36689 knichols@gctds.net 251.654.2989 May 22, 2020 Mr. Tom Granger, P.E. Sawgrass Consulting, LLC 30673 Sgt. E.I. “Boots” Thomas Drive Spanish Fort, AL 36537 RE: Parkstone Subdivision, Fairhope, Alabama Dear Tom, Per request by Sawgrass Consulting, LLC, a cursory analysis of potential traffic impacts and trips generated by the proposed Parkstone Subdivision, a forty‐one (41) lot subdivision of single‐family residences, was performed to estimate daily and peak hour traffic expected to be generated as a result of the development. Based on the preliminary plat, Parkstone has two access points – one along Parker Road and one tying into an existing public right‐of‐way with access to Highway 98. Based upon the relative placement of the two access points, it is anticipated the majority of traffic will use the Parker Road access on a routine basis. With 41 proposed single‐family lots, I would anticipate this development generating approximately 390 trips collectively throughout an entire day, with A.M. and P.M. peak hour trips at 31 and 41, respectively. These estimates are based upon average rates published in the industry‐standard Trip Generation Manual, 9th Edition, published by the Institute of Transportation Engineers. Given this information and assumptions, the projected daily and peak hour trip volumes fall well below the daily threshold for traffic impact study requirements in the City of Fairhope’s Subdivision Regulations, which is 1,000 trips per day, and below the threshold of 50 trips in any peak hour period. Additionally, traffic on Parker Road is relatively low in volume and it is my opinion that no detailed traffic analysis is warranted as a result of the development. Should you have any questions or concerns, please feel free to contact me at your convenience. Sincerely, Kenneth Nichols, P.E., PTOE Gulf Coast Traffic and Development Services, LLC w/attachments Trip Generation SummaryOpen Date:Analysis Date:5/22/20205/22/2020Project: Parkstone SubdivisionAlternative: Alternative 1Phase:ITE Land UseEnter Exit Enter ExitEnter ExitTotalTotal Total***Weekday Average Daily TripsWeekday AM Peak Hour ofAdjacent Street TrafficWeekday PM Peak Hour ofAdjacent Street Traffic210 Parkstone Subdivision41 Dwelling Units195 195 390 8 23 31 26 15 41Unadjusted Volume195 195 3908 23 3126 15 41Internal Capture Trips0 0 00 0 00 0 0000 000 000195 195 3908 23 3126 15 41Pass-By TripsVolume Added to Adjacent StreetsTotal Weekday Average Daily Trips Internal Capture = 0 PercentTotal Weekday AM Peak Hour of Adjacent Street Traffic Internal Capture = 0 PercentTotal Weekday PM Peak Hour of Adjacent Street Traffic Internal Capture = 0 PercentP. 1TRIP GENERATION 2014, TRAFFICWARE, LLCSource: Institute of Transportation Engineers, Trip Generation Manual 9th Edition, 2012- Custom rate used for selected time period.* Detailed Land Use DataProject:Open Date:Analysis Date:Parkstone Subdivision5/22/20205/22/2020For 41 Dwelling Units of Parkstone Subdivision( 210 ) Single-Family Detached HousingDay / PeriodRateAvgRateMinRateMaxDevStdTripsPass-BySizeAvgEnterExit%%Eq.UseEquationR2TripsTotalWeekday Average Daily Trips9.52 4.313.721.85198 50 50 False Ln(T) = 0.92 Ln(X) + 2.72 0.953900Trip Generation Manual 9th EditionSource :Weekday AM Peak Hour of Generator0.77 0.330.912.27180 26 74 False T = 0.7(X) + 12.120.89320Trip Generation Manual 9th EditionSource :Weekday AM Peak Hour of Adjacent Street Traffic0.75 0.330.92.27194 25 75 False T = 0.7(X) + 9.740.89310Trip Generation Manual 9th EditionSource :Weekday PM Peak Hour of Generator1.02 0.421.052.98174 64 36 False Ln(T) = 0.88 Ln(X) + 0.62 0.91420Trip Generation Manual 9th EditionSource :Weekday PM Peak Hour of Adjacent Street Traffic1 0.421.052.98207 63 37 False Ln(T) = 0.9 Ln(X) + 0.51 0.91410Trip Generation Manual 9th EditionSource :Saturday Average Daily Trips9.91 5.323.7215.25215 50 50 False Ln(T) = 0.93 Ln(X) + 2.64 0.924060Trip Generation Manual 9th EditionSource :Saturday Peak Hour of Generator0.93 0.50.991.75215 54 46 False T = 0.89(X) + 8.770.91380Trip Generation Manual 9th EditionSource :Sunday Average Daily Trips8.62 4.743.3612.31218 50 50 False T = 8.63(X) - 0.630.933530Trip Generation Manual 9th EditionSource :Sunday Peak Hour of Generator0.86 0.550.951.48212 53 47 False Ln(T) = 0.91 Ln(X) + 0.31 0.88350Trip Generation Manual 9th EditionSource :1TRIP GENERATION 2014, TRAFFICWARE, LLCSource: Institute of Transportation Engineers, Trip Generation Manual 9th Edition, 2012 CHECKED BY:SHEET:DATE:DRAWN BY:OFSCALE:NUMBER:REVISION:DATE:30673 Sgt. E. I. "Boots" Thomas Drive, Spanish Fort, AL 36527202 Government Street, Suite 225, Mobile, AL 36602Phone: (251) 544-7900PEDESTRIAN PLANPARK STONE P.U.D.PARKER ROAD, FAIRHOPE, AL.1"=50'MAY, 2020JCTEG12A19LORIS WAY(50' R/W)(50' R.O.W.)LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9LOT 10LOT 11LOT 12LOT 13LOT 14LOT 15LOT 16LOT 17LOT 18LOT 19LOT 20LOT 21LOT 22LOT 23LOT 25LOT 27LOT 29LOT 30LOT 31LOT 35LOT 36LOT 37GREEN SPACE0.9 ACRES(39,077 S.F.)DET.POND 2LOT 24LOT 26(50' R.O.W.)LOT 1LOT 2LOT 3GREEN SPACE0.65 ACRE(28,474 S.F.)GREEN SPACE1.0 ACRE(44,311 S.F.)LOT 40COMMERCIAL(0.45 AC.)LOT 39LOT 34LOT 28(50' R/W)DET.POND 1TOTAL PROPERTY AREA = 12.84 ACRESGREEN SPACE PROVIDED = 2.56 ACRES (111,862 S.F.) (20%)LOTS: 40L.F. STREETS = 1,845 L.F.GREEN SPACE REQ'D: = 2.56 ACRES (111,862 s.f.) (20%)MAIL KIOSKLOT 38LOT 32LOT 33w ~ "" ! ~ i I fi1 i 0 I ii! w ---:;;;;;;;;;;; :z: ae::::::::::.!b REC'D: 5' WIDE CONC. SIDEWALK (lYP.) ....::::j" __ _ -----: STA. 4+85 I REQ'D: SPEED HUMP. SEE DET., SHT. 17. ----PROPOSED I EGENP -r?: RIVIERA UTILITIES STREET LIGHT WALKING JR.OJL ---------------j I I -----~ ~ -10'MIN.SIDESfJBACt oo71 1 REQ'D: H/C RAMP (lYP.) REQ'D: CONNECT TO EXIST. SIDEWALK I I I 4'-0" STEEL SLAG OR TREE MULCH 'h WALKING TRAIL TYPICAL SECTION N.T.S. ~ ! L--,-----------1---,,-----------r-:::;.::--------------r-------------T---------------,-----7[.:.:.:.:.:.:.:.:.:.:.:.:.:.:J-1 ~ l--+------------t---:--:-:--::-1 i7l REVISED PER FAIHOPE COMMENTS 5/13/20 GRAPHIC SCALE awgrass ~1-----+---------------t--. "" REVISED PER FAIHOPE COMMENTS 8/13/20 fl---+------------t-------i :::, i t::::J~:::::::::::::::::::::J:::::1L ____________ .1 ________________ ...J _______________ ,1.. _______________ ...... _____ ..L, ________ _. ( IN FEET ) 1 inch = 50 fl ENGINEERING -SURVEYING -CONSTRUCTION MANAGEMENT WASH I N G T O N D R VOLANTA AV GREENORDNSARGE TU RN E R R D ADDRESS: 702 ADDRESS: 726 ADDRESS: 677 ADDRESS: 756 ADDRESS: 848 ADDRESS: 853 ADDRESS: 656 ADDRESS: 674 ADDRESS: 852 ADDRESS: 679 ADDRESS: 754 ADDRESS: 855 ADDRESS: 608 ADDRESS: 854 ADDRESS: 672 ADDRESS: 676 ADDRESS: 670 ADDRESS: 668 ADDRESS: 814 ADDRESS: 812 ADDRESS: 599 City of FairhopePlanning Commission September 10, 2020 ¯ GREENORDNPPIN: 20254 PPIN: 43891 PPIN: 51434 PPIN: 43676 PPIN: 12782 PPIN: 37756 PPIN: 271 PPIN: 12789 814 812 SD 20.28 - Park Place on Greeno Legend COF Corp. Limits COF Planning JurisdictionCOF Zoning B-2 - General Business District PUD - Planned Unit Development R-1 - Low Density Single-Family ¯ ¯ ^ Project Name: Park Place on GreenoSite Data: 5.28+/-Project Type: MOPJurisdiction: Fairhope Planning JurisdictionZoning District: PUDPPIN Number: 12782 & 51434General Location: East side of US Hwy. 98 just north of Volanta AvenueSurveyor of Record: David DiehlEngineer of Record: Larry SmithOwner / Developer: Carrigan Britt, LLCSchool District: Fairhope West, Middle, and High SchoolRecommendation: Approve with ConditionsPrepared by: Mike Jeffries Page 5 of 10 APPLICATION FOR SUBDIVISION PLAT APPROVAL Application Type: Village Subdivision Minor Subdivision Informal (No Fee) Preliminary Plat Final Plat Multiple Occupancy Project Attachments: Articles of Incorporation or List all associated investors Date of Application: ______________________ Property Owner / Leaseholder Information Name of Property Owner: _______________________Phone Number: ___________ Address of Property Owner: ________________________________________________ City: ____________________________ State: _____________ Zip: ____________ Proposed Subdivision Name: ________________________________________________ No. Acres in Plat: _______________________ No. Lots/Units: ___________________ Parcel No: _______________________________ Current Zoning: ___________________ Authorized Agent Information Plat must be signed by the property owner before acceptance by the City of Fairhope Name of Authorized Agent: ______________________Phone Number: ____________ Address: _________________________________________________ City: ____________________________ State: _____________ Zip: ____________ Contact Person: ______________________ Surveyor/Engineer Information Name of Firm: __________________________________Phone Number: ____________ Address: _________________________________________________ City: ____________________________ State: _____________ Zip: ____________ Contact Person: ______________________ Plat Fee Calculation: Reference: Ordinance 1269 Signatures: I certify that I am the property owner/leaseholder of the above described property and hereby submit this plat to the City for review. *If property is owned by Fairhope Single Tax Corp. an authorized Single Tax representative shall sign this application. ___________________________________________ ___________________________________________ Property Owner/Leaseholder Printed Name Signature ___________________________________________ ___________________________________________ Date Fairhope Single Tax Corp. (If Applicable) □ □ □ □ □ □ □ 1 SR 20.02 Portico Ph. 2 – September 10, 2020 Summary of Request: The owner/applicant is Carrigan Britt, LLC working with SE Civil, LLC. Larry Smith is the engineer of record on the proposed project. The application is for approval of a 35-unit Multiple Occupancy Project (MOP). The subject property is zoned Planned Unit Development (PUD). A site plan with the PUD was approved by the City Council November 13th, 2017. Comments: - The PUD did not specify the location of the buildings only footprints of buildings and maximum square footages. The applicant intends to install the internal roads and infrastructure leaving the buildable areas as empty building pads. The pads will be hydroseeded. - At time of vertical construction the plans will be reviewed for conformance with the PUD site plan. - All appropriate buffers and conditions of the PUD are met. - The PUD did not account for the heritage trees on site. The Subdivision Regulations and Tree Ordinance both protect Heritage Trees. - During this review staff consulted with the City Horticulturalist and elected to have the landscape plans reviewed by the Tree Committee for their advisement on the tree protection and landscaping. - Tree Committee comments have been incorporated into the plans. Staff Recommendation: Approval with conditions: 1. An application for MOP final approval shall reflect as-built conditions, any required drainage and/or utility easements, clearly delineate any utilities or ROWs desired for dedication to the City of Fairhope, the O&M plan and agreement, and a maintenance and guaranty agreement and maintenance bond for any utilities or ROWs to be dedicated to the City of Fairhope. Any other required closeout documents required for the MOP shall be furnished at the time of MOP final approval request. P.O.C.160 FT R/WU.S. HIGHWAY NO . 98 (GREENO ROAD) LOT 1, ART'S SUBDIVISION (SLIDE 1004-B) P.O.B. VOLANTA AVE 50 FT R/W LOT 2, ART'S SUBDIVISION (SLIDE 1004-B) LOT 1 5.28 AC Civil CARRIGAN BRITT, LLC (251) 990-6566 880 HOLCOMB BLVDFAIRHOPE, AL 36532 Engineering & Surveying PROJ MGR OFSHEET FILE PROJECT SCALE DED 11 20180369_PARK PLACE 20180369 1"=50' CHKD. DED DRAWN RDC BOUNDARY SURVEY & SUBDIVISION 02550 100 50 SCALE PARK PLACE ON GREENO SURVEYOR'S NOTES: UTILITIES ELECTRIC SERVICE: FAIRHOPE UTILITIES TELEPHONE SERVICE: AT&T PARCEL NO. 05-46-03-39-0-001.009.000 OWNER/DEVELOPER: FAIRHOPE AL 36533 CARRIGAN BRITT, LLC P.O. BOX 241 CERTIFICATE OF APPROVAL BY THE FAIRHOPE PLANNING COMMISSION CERTIFICATE OF OWNERSHIP CERTIFICATE OF NOTARY PUBLIC: SITE DATA: ZONING: PUD TOTAL ACREAGE: 5.28 AC NUMBER OF LOTS: 1 FLOOD STATEMENT LEGAL DESCRIPTION CERTIFICATE OF APPROVAL BY CITY OF FAIRHOPE UTILITIES (WATER): CERTIFICATE OF APPROVAL BY CITY OF FAIRHOPE UTILITIES (ELECTRIC): CERTIFICATE OF APPROVAL BY CITY OF FAIRHOPE UTILITIES (SEWER): CERTIFICATE OF APPROVAL BY AT&T PARCEL NO. 05-46-03-39-0-001-001.001 WATER SERVICE: FAIRHOPE UTILITIES SEWER SERVICE: FAIRHOPE UTILITIES TREE LEGEND:LEGEND: VICINITY MAP /" ~ I MILE THIS PLAT HAS BEEN SUBMITTED TO AND CONSIDERED BY THE CITY PLANNING COMMISSION OF FAIRHOPE, ALABAMA, AND IS APPROVED BY SUCH COMMISSION THE CITY OF FAIRHOPE PLANNING COMMISSION BY: ____________ DATE: _____ _ WE, THE UNDERSIGNED, _________ AS PROPRIETOR(S), HAVE CAUSED THE LAND EMBRACED IN THE WITHIN PLAT TO BE SURVEYED, LAID OUT AND PLATTED TO BE KNOWN AS PARK PLACE ON GREENO, BALDWIN COUNTY, AND THAT THE STREETS AND EASEMENTS, ON ARE HEREBY DEDICATED TO THE USE OF THE DATED THIS DAY OF ______ _ 2020. PRINT NAME STATE OF ALABAMA COUNTY OF BALDWIN SIGNATURE I, _______ NOTARY PUBLIC IN AND FOR SAID COUNTY, IN SAID STATE, HEREBY CERTIFY THAT ________ AS OWNER OF THE LANDS PLATTED HEREON IS SIGNED TO THE FOREGOING INSTRUMENT, AND W'HO IS KNOWN TO ME, ACKNOWLEDGED BEFORE ME ON THIS DAY THAT, BEING INFORMED OF THE CONTENT OF THE INSTRUMENT, AND AS SUCH LEASEHOLD OWNER AND WITH FULL AUTHORITY, EXECUTED THE SAME VOLUNTARILY. GIVEN UNDER MY HAND AND OFFICIAL SEAL THE DAY OF _____________ _ NOTARY PUBLIC MY COMMISSION EXPIRES THE UNDERSIGNED, AS AUTHORIZED BY THE CITY OF FAIRHOPE UTILITIES HEREBY APPROVES THE WITHIN PLAT FOR THE RECORDING OF SAME IN THE PROBATE OFFICE OF BALDWIN COUNTY, ALABAMA, THIS ____ DAY OF --------2020 AUTHORIZED REPRESENTATIVE THE UNDERSIGNED, AS AUTHORIZED BY THE CITY OF FAIRHOPE UTILITIES HEREBY APPROVES THE WITHIN PLAT FOR THE RECORDING OF SAME IN THE PROBATE OFFICE OF BALD WIN COUNTY, ALABAMA, THIS DAY OF -------~ 2020 AUTHORIZED REPRESENTATIVE THE UNDERSIGNED, AS AUTHORIZED BY THE CITY OF FAIRHOPE UTILITIES HEREBY APPROVES THE WITHIN PLAT FOR THE RECORDING OF SAME IN THE PROBATE OFFICE OF BALDWIN COUNTY, ALABAMA, THIS DAY OF --------2020 AUTHORIZED REPRESENTATIVE THE UNDERSIGNED, AS AUTHORIZED BY AT&T HEREBY APPROVES THE WITHIN PLAT FOR THE RECORDING OF SAME IN THE PROBATE OFFICE OF BALD WIN COUNTY, ALABAMA, THIS DAY OF ---------~ 2020. AUTHORIZED REPRESENTATIVE COMMENCE AT A ONE INCH PIPE AT THE NORTHEAST CORNER OF GRANT SECTION 39, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN SOUTH 00 DEGREES 26 MINUTES 45 SECONDS WEST, A DISTANCE OF 129.28 FEET TO A REBAR (NO CAP) FOR THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00 DEGREES 26 MINUTES 45 SECONDS WEST, A DISTANCE OF 899.45 FEET TO A ONE INCH PIPE; THENCE RUN NORTH B9 DEGREES 35 MINUTES 14 SECONDS WEST, A DISTANCE OF 83.51 FEET TO A CAPPED REBAR (CA-0604-LS) ON THE EAST RIGHT-OF-WAY OF US HIGHWAY 98 (GREENO ROAD); THENCE RUN NORTH 23 DEGREES 01 MINUTES 18 SECONDS WEST, ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 182.66 FEET TO A CONCRETE MONUMENT; THENCE CONTINUE ALONG SAID EAST RIGHT-OF-WAY AND A CURVE TO THE RIGHT, HAVING A RADIUS OF 3738.72 FEET. AN ARC LENGTH OF 471.28 FEET, (CHORD BEARS NORTH 19 DEGREES 15 MINUTES 43 SECONDS WEST, A DISTANCE OF 470.96 FEET) TO A CONCRETE MONUMENT; THENCE CONTINUE ALONG SAID EAST RIGHT-OF-WAY, NORTH 15 DEGREES 44 MINUTES 53 SECONDS WEST, A DISTANCE OF 300.50 FEET TO THE INTERSECTION WITH THE NORTH LINE OF LOT 2, ART'S SUBDIVISION AS RECORDED IN MAP BOOK 11, PAGE 181 (SLIDE 1004-B), PROBATE COURT RECORDS, BALDWIN COUNTY, ALABAMA; THENCE DEPARTING SAID EAST RIGHT-OF-WAY, RUN SOUTH 89 DEGREES 33 MINUTES 15 SECONDS EAST, ALONG SAID NORTH LOT LINE, A DISTANCE OF 398.87 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 5.28 ACRES, MORE OR LESS. SURVEYOR'S CERTIFICATE I HEREBY STATE THAT ALL PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN ACCORDANCE WITH THE CURRENT REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF ALABAMA TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. -~\\~ll~IA/IJJ,~- /1 ~~~'\ ___ ___ V--oa-10-2.020 ~*/ ';IJ.26m-;\*~ DAVID DIEHL AL. P.L.S. NO. 26014 DATE E , ~ j E \_q\4>,-'. _,<~A,,J SURVEY NOT VALID WITHOUT ORIGINAL SIGNATURE AND SEAL. ""'Aft,,J'S--'f!::.'°.\<i)-~ ~~1111i1i11\~\\\~ PROPERTY LIES IN FLOOD ZONE "X" UNSHADED AS SCALED FROM FLOOD INSURANCE RATE MAP NUMBER 01003C0642M, COMMUNITY NUMBER 010006, PANEL 0642, SUFFIX "M", DATED APRIL 19, 2019. (A CMF -CONCRETE MONUMENT FOUND OEPF = OPEN END PIPE FOUND RBF = REBAR FOUND (NO CAP) = POST & WIRE FENCE = WOOD FENCE = UNDERGROUND POWER LINE = OVERHEAD POWER LINE = WATER MAIN = SEWER MAIN 'Tu = UTILITY POLE -----':l = GUY 'MRE :¢ = LIGHT POLE IIl = TELEPHONE PEDESTAL ~ = AIR CONDITIONER @ = CABLE TELEVISION PEDESTAL [[] = ELECTRIC BOX [BJ = ELECTRIC METER "Z;X = FIRE HYDRANT ~ = WATER VALVE 0:l = WATER METER !J1l = GAS METER .& = FIBER OPTIC MARKER = SIGN RCP = REINFORCED CONCRETE PIPE RCAP = REINFORCED CONCRETE ARCH PIPE -'c"X-¢"CMF (STAMffD 114+54) ®-MAGNOLIA e = OAK *=PINE 0 = PECAN e = POPCORN 0= CAMPHOR LO = LIVE OAK N89°42'4.J''W 436.07' S89"33'15"E 398.87' OLD PROPERTY LINE REMOVED HEREWITH THE •LOCALLY ACCEPTED• NORTHEAST CORNER OF GRANT R SECllON ~~•NJ~~~~;r5 SOUTH, ~ (ALSO BEING THE NORTHEAST ~1 CORNER OF ART'S SUBDIVISION) ; ~ ;I 160020408040 SCALESHEETC0120180369TLSDRAWNDATESCALEJOB No.8/10/201"=40'SEALAFFIXREVISIONDATERKnow what'sbelow.before you dig.CallSITE PLANCONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, INCLUDING BUT NOT LIMITEDALL CURBED OR STRIPED RADII ARE TO BE 5' UNLESS OTHERWISE NOTED.EXISTING STRUCTURES WITHIN CONSTRUCTION LIMITS ARE TO BE ABANDONED, REMOVED ORRELOCATED AS NECESSARY. ALL COST SHALL BE INCLUDED IN THE BASE BID.TO ALL UTILITIES, STORM DRAINAGE, SIGNS, TRAFFIC SIGNALS & POLES, ETC. AS REQUIREDFOR SITE WORK. ALL WORK SHALL BE IN ACCORDANCE WITH GOVERNING AUTHORITIESTHE DRAWINGS. CONCRETE FOR CURBING SHALL BE 3000 PSI.REFER TO THE LANDSCAPING PLANS FOR PLANTING LOCATIONS AND ISLAND DETAILS.PAINTED STRIPING SHALL BE BRIGHT AND CLEAR. STRIPES SHALL BE PER PLAN AND PAINTEDCURBING SHALL BE FORMED AND POURED CONCRETE UNLESS OTHERWISE DETAILED WITHINHANDICAP RAMPS AND PARKING STALLS SHALL BE PER ADA REQUIREMENTS AND LOCALALL DIMENSIONS AND RADII ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED.CONDITIONS SHALL BE VERIFIED TO BE TRUE AND ACCURATE PRIOR TO BEGINNING WORK.THE SURVEY OF EXISTING CONDITIONS IS SHOWN WITHIN THESE PLANS. ALL EXISTINGON CLEAN ASPHALT OR CONCRETE. THIS SITE IS ZONED PUD.ALL ISLANDS WITH CURB & GUTTER SHALL BE LANDSCAPED.NOTIFY CITY OF FAIRHOPE INSPECTIONS 24 HOURS BEFORE THE BEGINNING OF EVERYPHASE OF CONSTRUCTION.ALL STRIPING IN R.O.W. TO BE THERMOPLASTIC.THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ALL REQUIRED GOVERNMENTALA COPY OF THE APPROVED LAND DISTURBANCE PLAN AND PERMIT SHALL BE PRESENT ON SITEWHENEVER LAND DISTURBANCE ACTIVITY IS IN PROGRESS.CONSTRUCTION EQUIPMENT SHALL NOT BE PARKED IN REQUIRED R.O.W. AND MUST BESTORED WITHIN THE SITE.DURING CONSTRUCTION, ACCESS ROADWAYS CONSTRUCTED OF AN ALL WEATHER SURFACECAPABLE OF SUPPORTING 75,000 POUNDS GROSS WEIGHT SHALL BE PROVIDED. THE WIDTH OFTHE ACCESS ROADWAY, DURING CONSTRUCTION, SHALL BE 20 FT PER STANDARD FIREPREVENTION CODE, LATEST EDITION. ALL NON-HANDICAP PARKING SPACE LINES WILL BE WHITE.ALL TRAFFIC CONTROL SIGNS AND MARKINGS USED ON THE SITE WILL CONFORM WITH THEMANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD), FHWA, LATEST EDITION. REFERENCE THE SIGN CODES CONTAINED IN THE MUTCD FOR ALL TRAFFIC CONTROL SIGNS.NOTE THE COLOR AND SIZE OF ALL PAVEMENT MARKINGS, REFERENCING DETAILS IN ALDOT'SROADWAY AND TRAFFIC DESIGN STANDARDS WHERE APPLICABLE.NO "PROTECTED TREES" WILL BE REMOVED, DESTRUCTIVELY DAMAGED, MUTILATED,RELOCATED, DISFIGURED, DESTROYED, CUT DOWN, OR EXCESSIVELY PRUNED DURINGSITE PLAN NOTESAND CODES AS WELL AS O.S.H.A. AND ALDOT STANDARDS. ALL WORK AND MATERIALS SHALL COMPLY WITH THE CITY OF FAIRHOPE REGULATIONSFIRE LANES AND SIGNAGE TO MEET REQUIREMENTS OF NFPA 1 CHAPTER 18.THE CONTRACTOR SHALL FAMILIARIZE THEMSELVES WITH ALL OF THE EXISTING CONDITIONSAT THE SITE; INCLUDING UTILITIES, SURFACES, ETC. AND SHALL BE FULLY RESPONSIBLE FOR ANY DAMAGES THEY CAUSE TO NEW AND EXISTING CONSTRUCTION, PROPERTY AND ANYUNAUTHORIZED DISRUPTION TO UTILITIES ON SITE AND TO ADJACENT PROPERTIES.PRIOR TO CONSTRUCTION, EXISTING UTILITIES AT PROPOSED CONNECTIONS AND CROSSINGSSHALL BE FIELD EXCAVATED TO VERIFY LOCATIONS, ELEVATION AND SIZE. NOTIFY THEENGINEER IMMEDIATELY WITH ANY DEVIATIONS OR CONFLICTS.TOTAL SITE ACREAGE = ±5.28 ACRES.REGULATIONS.INSPECTIONS.CONSTRUCTION ACTIVITIES.SPECIFICATIONS AND SHALL BE APPROVED BY SUCH. ALL COST SHALL BE INCLUDED IN BASE BID.1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.PROPOSEDEXISTINGSITE PLAN LEGENDTRAFFIC CONTROL ARROWCURB & GUTTERSTANDARD PARKING QUANTITYMEDIUM-DUTY ASPHALT PAVINGX" SYSL - X" WIDE SINGLE YELLOW SOLID LINEX" DYSL - X" WIDE DOUBLE YELLOW SOLID LINEX" SWSL - X" WIDE SINGLE WHITE SOLID LINEACCESSIBLE PARKING SPACECONCRETE PAVINGHEAVY-DUTY ASPHALT PAVINGXALL SIGNAGE SHALL BE IN COMPLIANCE WITH THE CITY OF FAIRHOPE SIGN ORDINANCE.26.27. ALL SITE LIGHTING SHALL BE IN COMPLIANCE WITH THE CITY OF FAIRHOPE ZONING ORDINANCE.SITE LIGHTING SHALL BE ARRANGED AS TO NOT NEGATIVELY EFFECT ADJACENT PROPERTIES.TOTAL COMPACT PARKING SPACESPARKING DATATOTAL PARKING PROVIDED =PARKING REQUIREMENTSPACES20263BUILDING (UNDER ROOF)SITE ANALYSIS41,160 SFSITE ACREAGE (PROPOSED)±5.28 AC (229,914 SF)BUILDING SETBACKS:FRONT YARD:SIDE YARD:REAR YARD:MAXIMUM BUILDING HEIGHT:20 FT 0 FT 0 FT 35'BUILDING HEIGHT30 FT MAX. COMMERCIALPROPOSED PARKING201 SPACESREQUIRED PARKING201 SPACES (SEE PARKING DATA)MAX. BUILDING SITE COVERAGE:----JURISDICTIONCITY OF FAIRHOPEPERVIOUS AREA87,073 SF (32.65%)IMPERVIOUS AREA142,841 SF (67.35%)REQUIRED:PROPERTY AREALAND USAGE--229,914 SF = 5.28 ACRESBUILDING AREA17.9%41,160 SF = 0.94 ACRESSITE AREA EXCLUSIVE OF BLDG188,754 SF = 4.33 ACRESIMPERVIOUS PAVING EXCLUSIVE OF BLDG101,681 SF = 2.33 ACRESPERVIOUS PAVING5,917 SF = 0.14 ACRESDESCRIPTION% OF PROPERTY AREAAREA--44.2%2.6%GRASSED/LANDSCAPED AREA81,156 SF = 1.86 ACRES35.3%ZONINGPUDPark Place on GreenoDeveloper:Carrigan Britt, LLCP.O. Box 241Fairhope, AL 36533251-776-8767Contact: Jonathan CarriganCivil Engineering& Surveying880 Holcomb Blvd, Ste 2FFairhope, AL 36532251-990-656635 FT MAX. MIXED USETOTAL STANDARD PARKING SPACESTOTAL HANDICAP PARKING SPACES1327SITE DATA:1. ACREAGE IN TOTAL TRACT: 5.28 ACRES2. SMALLEST LOT/UNIT SIZE: 1,400 SF3. TOTAL SQUARE FEET OF EACH LOT OR UNIT: 60,000 SF4. TOTAL NUMBER OF LOTS OR UNITS: 355. LINEAR FEET IN STREETS: 2,400 LF (PRIVATE)6. NUMBER OF PARKING SPACES: 202 SPACES7. AMOUNT OF IMPERVIOUS SURFACE: 3.56 ACRES8. DENSITY (GROSS):6.62 UNITS/AC9. DENSITY (NET, FOR CALCULATING GREENSPACE, FAIRHOPE) 12.11 UNITS/AC10. GREENSPACE:0.574 ACRESOWNER:CARRIGAN BRITT, LLCPO BOX 241FAIRHOPE, AL 36533FLOOD ZONE:FIRM NO. 01003C0663M EFFECTIVE DATE APRIL 19, 2019, SHOWS THE PROPERTY TOBE SITUATED IN ZONE X UNSHADED.UTILITY PROVIDERS:WATER - FAIRHOPE UTILITIESSEWER - FAIRHOPE UTILITIESELECTRIC - FAIRHOPE UTILITIESGREENSPACE CALCULATIONS (CITY OF FAIRHOPE):ACREAGE IN TOTAL TRACT: 5.28 ACRESWETLANDS:0 ACRESPONDS:0.51 ACRESASPHALT ROADS:1.88 ACRESNET ACREAGE: 2.89 ACRESDENSITY (NET) = 35 UNITS/2.89 ACRES:12.11 UNITS/ACREGREENSPACE REQUIRED (10% OF 5.28 ACRES): 0.528 ACRESGREENSPACE PROVIDED:0.574 ACRESPERVIOUS CONCRETE PAVINGTOTAL REQUIRED PER PUD ORDINANCE =201-1 ---(!) z z z ffi O'.l IL 0 I (Ml s00°26'45"\N 129_2'--8, __ ...=::c.;..a:::!::... ~;~!!!~gi~!!:a _20~ (M)S00°2~'4-5-W--->'-----" HANDICAP PARKING (TYP.) SEE DETAIL ---1 ~a~2~0U'"_-::-.=..-=-_;;--1 : (IBBON CURB 1 / ~EE DETAIL I -PERVIOUS !/ CONCRETE (TYP.) ~-SEE DETAIL ~ ----------N/F 05-46-02-09-0-000-001. 000 DB 186, PG 277 105 SAMFORD HALL DUMPSTER ENCLOSURE (TYP.) SEE DETAIL \ ALABAMA POLYTECHNIC INSTITUTE DUMPSTER ENCLOSURE AUBURN, AL 36830 (TYP.) SEE DETAIL ZONED R-1 N=196596.645 E=1846931.99 -==~=---=~-::~---=~~~CAPEBU:F:-X --X ----::__X _.../ ----~~ --------ETAIL ------z _,,,..·--c' RB CUT (TYP.) DETAIL --------(M) S00"26'45"W 899.45' (M) S00°26'45-W 1325.27' -----~ ---------< --• 0 ~ c::==:::J c::==:::J c::==:::J c::==:::J N=196372.3562 E=1846922.9731 X --X --X --X __ 1_" EN END IRON l soUTH 699.4s' FOUND -945,--/ // 0 ~ i:==::J E=:J c::==:::J V•·•·••••·•·••·-••••I N/F 05-46--03-39-0-001-008.000 INSTRUMENT#1017806 AUBURN UNIVERSITY 105 SAMFORD HALL AUBURN, AL 36830 ZONEDR-1 -----------------~ - XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXEDGE OF PAVEMENT10' LANDSCAPE BUFFER10' LANDSCAPE BUFFER25' LANDSCAPE BUFFERALDOT RIGHT-OF-WAY10' BUFFER31" LIVEOAK19" LIVEOAK28" LIVEOAK19" LIVEOAK29" LIVEOAK15" LIVEOAK15" LIVE22" LIVEOAK22" LIVEOAK21" LIVEOAK29" PINE29" PINE42" PINE35" LIVEOAK31" PECAN27" LIVEOAK23" PINE28" PINE28" PINE22" PINE21" PINE44" LIVEOAK23" PINE27" PINE31" PINE39" LIVEOAK30" PINE27" PINE24" PINE24" PINE34" MAGNOLIA27" MAGNOLIA26" PINE29" LIVEOAK39" LIVEOAK39" LIVEOAK29" PINE21" PINE21" PINE29" PINE32" LIVEOAK10" CAMPHOR29" PINE56" LIVEOAK31" PINE23" PINE24" PINE24" & 16"SPLIT LIVEOAK15" POPCORN12" POPCORN21" & 23"SPLIT LIVEOAK30" PINE29" PINE30" PECAN54" LIVEOAK56" LIVEOAK25" PINE27" WATEROAK (X)40" LIVEOAK21" LIVEOAK39" WATEROAK (X)38" WATEROAK (X)38" WATEROAK (X)DEAD LIVEOAK (X)40" LIVEOAK (X)24" WATEROAK (X)22" WATEROAK (X)24" WATEROAK (X)27" WATEROAK (X)30" WATEROAK (X)27" LIVEOAKINGROUND UTILITIES"WATER/SEWER"GGGGGGGGGGGGGGGGGGGWWWWWWWWWWWWWWWWWWWEX. BROKEN WHITE EX. SOLID WHITE EX. SOLID WHITEEX. BROKEN WHITEEX. DOTTED WHITE EX. SOLID WHITEEX. BROKEN WHITE EX. SOLID WHITEEX. BROKEN WHITE EX. SOLID WHITE EX. SOLID WHITEEX. BROKEN WHITEEX. W(3.5' DEPTH)EX. G(2.5' DEPTH)EX. W(3.5' DEPTH)EX. G(2.5' DEPTH)EX. SHOULDEREX. SHOULDERTREE PROTECTION FENCEREF. DETAIL 4, L1.1 (TYP)TREE REMOVAL (TYP)EXISTING TREE (TYP)TREE REMOVAL NOTES:1. PRIOR TO THE REMOVAL OF TREES IDENTIFIED ON THIS PLAN, THE CONTRACTORMUST COORDINATE HAVING THE TREES TO BE REMOVED PHYSICALLY FLAGGED FORAPPROVAL BY THE LANDSCAPE ARCHITECT AND ENGINEER PRIOR TO REMOVAL. AMINIMUM OF 48 HOURS NOTICE SHALL BE GIVEN TO THE ARCHITECT AND LANDSCAPEARCHITECT TO ACCOMPLISH THIS TASK PRIOR TO THE CLEARING CONTRACTORBEGINNING THE TREE REMOVAL PROCESS.2. ALL DEMOLITION AND REMOVAL WORK SHALL BE EXECUTED IN CONFORMANCEWITH ALL CODES AND ORDINANCES AS SET FORTH BY ALL GOVERNING AUTHORITIES.3. THE CONTRACTOR SHALL CONFORM TO THE CITY OF FAIRHOPE REQUIREMENTSFOR THE PROTECTION OF ALL TREES TO REMAIN ON SITE.4. THE CONTRACTOR SHALL OBTAIN ALL REQUIRED PERMITS BY THE CITY OFFAIRHOPE, INCLUDING BUT NOT LIMITED TO SIGNAGE AND TREE TRIMMING/REMOVALPERMITS.TREE PROTECTION NOTE:TREE PROTECTION OPERATIONS SHALL BE AS PER THE PROJECT SPECIFICATIONS. THEFENCING SHALL BE ORANGE COPOLYMER FENCING ATTACHED TO T-POSTS EVERY 6-8' ONCENTER IN A LAYOUT SIMILAR TO WHAT IS DEPICTED ON DETAIL 4, SHEET L1.1EXISTING TREE CANOPY (TYP)SAVEDTREE CALIPER TABLELIVE OAKWATER OAKPECANMAGNOLIAPINEPOPCORN TREECAMPHORREMOVEPOSTPONEDREMOVALTREE SPECIES222269306165427108529571(NUMBERS BELOW REPRESENT TOTAL CALIPER IN INCHES)TABLE 'A'CREDITS (FROM TREES SAVED)REQUIREDREPLACEMENTTREE REPLACEMENT / CREDITSLIVE OAKWATER OAKPECANMAGNOLIAPINETREE SPECIES35293768INDICATES THE UNITS TO BE REPLACED BASED ON THE CITY OF FAIRHOPE ORDINANCE FORTHE DBH TOTALS OF HERITAGE TREES (20" DBH OR GREATER) ON THE SITE THAT ARESCHEDULED TO BE REMOVED AS A RESULT OF DEVELOPMENT.348*FUTURE PLANTINGTREE MITIGATION52INITIAL PLANTING48REFERENCE SHEET L1.0 FOR LANDSCAPE PLAN SHOWINGINITIAL PROPOSED TREES AND TREES PLANTED IN THE FUTUREAS THE SITE IS DEVELOPED.TOTAL:14242TOTAL NUMBER OFUNITS TO BE REPLACED100*NOTE: THE TOTALS ALSO INCLUDE THE POSTPONED REMOVAL FROM TABLE A, TO ALLOW FOREXPEDITED REMOVAL WHEN EACH SITE IS DEVELOPED, IN THE EVENT THAT THE TREE NEEDSTO BE REMOVED FOR BUILDING DEVELOPMENT.TABLE 'B'TABLE 'C'TABLE 'D'1TREE MITITGATION PLANTM1.08 5 5 . 5 3 9 . 5 0 8 6TREE MITIGATION PLAN FORPARK PLACE ON GREENOFairhope, AL1"=30'-0"SCALE:AUG 2020DATE:SPREUSNUMBERHARTCHRISTIAN800TATEOFAAAALBM AAARRRE G IS T EEEEDLNDSCPCHICTTRKnow what'sbelow.before you dig.CallN O R T H--7 I-_ X -r--=1□ -1 le I I I~ I I I 1: I I I ~ _J_ _J _J == +-~ I I _l_-1-~ _J [_ = o 15' l_ -1 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXEDGE OF PAVEMENT10' LANDSCAPE BUFFER10' LANDSCAPE BUFFER25' LANDSCAPE BUFFERALDOT RIGHT-OF-WAY10' BUFFERINGROUND UTILITIES"WATER/SEWER"GGGGGGGGGGGGGGGGGGGSSSSWWWWWWWWWWWWWWWWWWWEX. BROKEN WHITE EX. SOLID WHITEEX. BROKEN WHITEEX. DOTTED WHITE EX. SOLID WHITEEX. BROKEN WHITE EX. SOLID WHITEEX. BROKEN WHITE EX. SOLID WHITE EX. SOLID WHITEEX. BROKEN WHITEEX. W(3.5' DEPTH)EX. G(2.5' DEPTH)EX. W(3.5' DEPTH)EX. G(2.5' DEPTH)EX. SHOULDERSSSSSSSSSSS30-DWF FAKAHATCHEE GRASS2-BLACK GUM49-HG SWEETSPIRE34-DWF WAXMYRTLE2-BALD CYPRESS63-DWF FAKAHATCHEE GRASS23-DWF PALMETTO27-DWF PALMETTO59-DWF BURFORD HOLLY57-EM GODDESS LIRIOPE1-BLACK GUM13-MAIDEN GRASS41-SAND CORDGRASS43-SAND CORDGRASS45-EM GODDESS LIRIOPE3-BLACK GUM93-EM GODDESS LIRIOPE2-WILLOW OAK127-EM GODDESS LIRIOPE79-BICOLOR AF IRIS51-DAHOON HOLLY95-EM GODDESS LIRIOPE39-MAIDEN GRASS24-CORAL DRIFT ROSE3-NUTTALL OAK75-EM GODDESS LIRIOPE30-FORMOSA AZALEA99-BICOLOR AF IRIS23-HG SWEETSPIRE28-FORMOSA AZALEA5-GEORGIA GEM ASH29-DWF PALMETTO17-MAIDEN GRASS24-SAND CORDGRASS47-HG SWEETSPIRE61-DWF PALMETTO40-SAND CORDGRASS61-HG SWEETSPIRE59-DWF FAKAHATCHEE38-DWF WAXMYRTLE39-CORAL DRIFT ROSE21-DWF WAXMYRTLE28-CORAL DRIFT ROSE73-EM GODDESS LIRIOPE21-DWF WAXMYRTLE52-HG SWEETSPIRE113-DWF FAKAHATCHEE GRASS46-DWF PALMETTO33-DWF WAXMYRTLE43-SAND CORDGRASS50-DWF BEAUTYBERRY85-BICOLOR AF IRIS115-DWF FAKAHATCHEE GRASS61-EM GODDESS LIRIOPE55-GULF MUHLY GRASS39-DWF PALMETTO31-DWF WAXMYRTLE41-SAND CORDGRASS62-DWF FAKAHATCHEE GRASS52-SHI SHI CAMELLIA68-BICOLOR AF IRIS52-BICOLOR AF IRIS70-SHI SHI CAMELLIA32-CORAL DRIFT ROSE33-SHI SHI CAMELLIA18-CORAL DRIFT ROSE6-NUTTALL OAK93-EM GODDESS LIRIOPE2-WILLOW OAK12-FORMOSA AZALEA21-DWF WAXMYRTLE25-JAPANESE YEW3-BALD CYPRESS73-BICOLOR AF IRIS57-FAKAHATCHEE GRASS61-DWF BEAUTYBERRY50-DWF PALMETTO50-WAXMYRTLE38-FAKAHATCHEE GRASS110-BICOLOR AF IRIS1-BALD CYPRESS50-DWF FAKAHATCHEE GRASS49-HG SWEETSPIRE36-SAND CORDGRASSHYDROSEED PERENGINEER'S SPECIFICATIONSHYDROSEED PERENGINEER'S SPECIFICATIONSHYDROSEED PERENGINEER'S SPECIFICATIONSHYDROSEED PERENGINEER'S SPECIFICATIONSHYDROSEED PERENGINEER'SSPECIFICATIONSSODSODSOD20-JAPANESE YEW6-BLACK GUM1-CHINESE PISTACHE (FUTURE)4-CHINESE PISTACHE (FUTURE)LIMITS OF SODLIMITS OF SODLIMITS OF SODLIMITS OF SODLIMITS OF SODLIMITS OF SODSODSODSODSODLIMITS OF DETENTIONFACILITY - REF. ENGINEERSPLANSPINE STRAWBOTTOM OF POND8-GEORGIA GEM ASHEXISTING TREE (TYP)2-WILLOW OAK3-BLACK GUM3-NUTTALL OAK26-DAHOON HOLLY207-DAHOON HOLLY28-DAHOON HOLLY3-GEORGIA GEM ASH (FUTURE)3-GEORGIA GEM ASH (FUTURE)8-CHINESE PISTACHE (FUTURE)1-GEORGIA GEM ASH(FUTURE)5-GEORGIA GEM ASH(FUTURE)9-CHINESE PISTACHE (FUTURE)4-CHINESE PISTACHE (FUTURE)7-GEORGIA GEM ASH(FUTURE)4-CHINESE PISTACHE (FUTURE)EXISTING TREECANOPY (TYP)EXISTING TREECANOPY (TYP)21-DWF PALMETTO144-DWF WAXMYRTLE64-DWF WAXMYRTLE50-DWF WAXMYRTLE133-DWF WAXMYRTLE50-DWF WAXMYRTLE16-DWF WAXMYRTLE1LANDSCAPE PLANL1.08 5 5 . 5 3 9 . 5 0 8 6LANDSCAPE PLAN FORPARK PLACE ON GREENOFairhope, AL1"=30'-0"SCALE:AUG 2020DATE:SPREUSNUMBERHARTCHRISTIAN800TATEOFAAAALBM AAARRRE G IS T EEEEDLNDSCPCHICTTRKnow what'sbelow.before you dig.CallN O R T HI I I I \ \ -----y ,/ / " -, ,-•••' I ,..-------·=••"A\ ) / -· ........ ___ ,..~' __ ,/ \ : w --------' \ \ \ ) ' I Jc -->~ . ✓----.,\-----, --'1/---\,,---·-, (. , • \ \ \ ' e I\ ill \ \ ·•· --· XXXXX/2X/2X/2X/2NOTES:1. SEE PLANTING PLAN FOR BED LAYOUTS.2. ROWS SHALL BE STRAIGHT & PARALLEL UNLESS BED AREA FOR PARTICULAR PLANT IS SHOWN IN A CIRCULAR OR IRRREGULAR AREA, THEN AS DIRECTED BY LANDSCAPE ARCHITECT.3. SEE "PLANT USE LIST" FOR PLANT SPACING.5PLANT SPACING DETAILEXISTING LIMBSTO BE PRUNEDAND WOUNDTREATED WITHAPPROVED DRESSINGFIN. GR.ROOT SYSTEM(UNDISTURBED)PRUNE AND REMOVEDEAD OR DICEASEDBRANCHESSOUND PRUNING PRACTICESSHALL BE CARRIED OUT ATALL TIMES.EXISTING OAKTO BE PRUNEDAS DIRECTED BY L.A.PRUNE LIMBS AND SUCKER GROWTHEXISTING TREE NOTES:- PRE AND POST CONSTRUCTION FERTILIZATION OF EVERY EXISTING TREE SHALLBE ACCOMPLISHED BY THE CONTRACTOR BY METHODS USED BY NATIONAL TREEPRESERVATION 228-264-0277 OR APPROVED EQUAL. PROOF OF TREATMENTS ONALL TREES SHALL BE REQUIRED IN ORDER TO RECEIVE SUBSTANTIALCOMPLETION.- CONTRACTOR SHALL COORDINATE WITH THE CITY REGARDING ANY PERMITSFOR TREE PRUNING.- THIS DETAIL IS FOR ALL EXISTING LIVE OAKS IN THE PROJECT AREA -COORDINATE WITH OWNER'S REPRESENTATIVE IN THE FIELD PRIOR TO PRUNING.- A CERTIFIED ARBORIST MUST ACCOMPLISH THE SUGGESTED PRUNING ALONGWITH THE REMOVAL OF ANY DEAD OR DISEASED LIMBS.1FERTILIZATION DETAILEXISTING TREE PRUNING &25mm/1"100mm/4"3" OF SETTLED PINE STRAW80mm/3"COMPACTED SUBGRADE180mm/7"LAWN NOTE: TRENCH EDGE TO BE LOCATED BETWEEN PLANTING BEDS AND ALL LAWN AREAS.6TRENCH BED EDGE DETAIL6" +/-8"8"TREE BALL DIA.OR CONTAINERTOP DIAMETERB&B ORCONTAINERDO NOT CUT MAIN LEADERNEW REINFORCED RUBBERHOSE (MIN. 1/2" DIA.)DOUBLE 12GA. GALV. WIRETWIST TO TIGHTENPOSITION OF T-POSTSTAKE AFTER TIGHTENINGPOSITION OF T-POST PRIOR TOTIGHTENINGWRAP W/TREAT. TREE WRAP FROMBALL TO FIRST BRANCHESAPPROVED MULCHMULCH TO 3" DEEP AFTER LIGHT COMPACTION8" DIA. (TO EX. SUBGRADE) AUGERED HOLE @ C/LOF TREE LOCATION, FILL W/ WASHED RIVER ROCKLAY 18" X 18" FILTER CLOTH OVER HOLEEXCAVATED TREEPITPREPARED SOIL MIXPREPARED SOILLIGHTLY COMP. PREPAREDSOIL MIX (6" MIN.)TREE PIT IS 12"WIDER ALL AROUNDTREE BALL (TYP.)12" MIN.SEE NOTE #5 OFNOTE:ALL ROOTBALLS ARE TO SIT A MINIMUM OF 2" ABOVEFINISHED GRADE AND ARE 12" MIN. *NOTE:ALL PLANTING BEDS SHALL HAVE A 2% SLOPE TO PROVIDE POSITIVEDRAINAGE AWAY FROM ALL STRUCTURESAND AWAY FROM PLANT MATERIALGEN. PLANTING NOTESTO NOT BE COVERED BY ANY SOIL.METAL T-POSTPAINTED BLACK2TYPICAL PLANTING SECTION IN BED AREAS12"REMOVE IMPERVIOUS DEBRISLOOSEN SUBGRADE AND PREVENT SETTLINGCOMPACT PLANT MIX TOMIN.ROOTBALLSET TRUNK PLUMBREMOVE EXCESSDO NOT CUT MAIN LEADER80mm/3" APPROVED MULCHPLANTING MIX BACKFILLFINISH GRADE130mm/5" SOIL SAUCERTYP.NO SCALEPLAN STAKEWIREROOTBALL120THAN FINISH GRADE8" DIA. (TO EX. SUBGRADE) AUGERED HOLE @ C/LOF TREE LOCATION, FILL W/ WASHED RIVER ROCKLAY 18" X 18" FILTER CLOTH OVER HOLE (TYPICAL)SEE SPECS AND PLANTING NOTE #5TOP OF ROOT BALL 2" HIGHER6" +/-8"NEW REINFORCED RUBBERHOSE (MIN. 1/2" DIA.)DOUBLE 12GA. GALV. WIRETWIST TO TIGHTENPOSITION OF T-POSTSTAKE AFTER TIGHTENINGPOSITION OF T-POST PRIOR TOMETAL T-POSTPAINTED BLACKRUBBER COVER OVER T-POSTSIZEITEM3TYPICAL TREE PLANTING & GUYING IN LAWN4TREE PROTECTION FENCE DETAILNOTES:1. USE CONSTRUCTION FENCE FOR SAFETY, CONTAINMENT, AND CONTROL ATLOCATIONS SHOWN ON THE PROJECT PLANS, OR AS DIRECTED BY THELANDSCAPE ARCHITECT.2. PLACE FENCE OUTSIDE THE DRIP LINE OF TREES.3. FENCE FABRIC TO BE FASTENED SECURELY TO ALL POSTS.4. WHEN USING WOOD POSTS, THE POST SHALL BE OF HARDWOOD WITH A WEDGEOR PENCIL TIP AT ONE END, 72" MIN. LENGTH, AND 2"x2" NOMINAL CROSS SECTION.2" GALVANIZED WIRE STAPLE TO ATTACH FABRIC TO WOOD POSTS.5. METAL T-POST SHALL HAVE A MINIMUM WEIGHT OF 0.85 LB/FT OF LENGTH.* 10' MAXIMUM SPACING 48"10' MAX.48" HIGH DENSITY ORANGEPOLYETHELENE WARNING FENCESTAKES: 72" T-POST DRIVEN 24" MIN. BELOWGRADE OR WOOD POSTS (SEE NOTES 4 & 5WIRE OR ZIP TIES TO SECUREFABRIC TO T-POSTFENCE TO FOLLOW CONTOUROF EXISTING GRADEL1.18 5 5 . 5 3 9 . 5 0 8 6LANDSCAPE DETAILS FORPARK PLACE ON GREENOFairhope, ALNTSSCALE:AUG 2020DATE:SPREUSNUMBERHARTCHRISTIAN800TATEOFAAAA LBM AAARRRE G IS T EEEEDLNDSCPCHICTT+ + + = C \ CHRISTIAN PREUS www.cpladeslgnplannlng.com Landscape Architecture L1.28 5 5 . 5 3 9 . 5 0 8 6LANDSCAPE DETAILS FORPARK PLACE ON GREENOFairhope, ALNTSSCALE:AUG 2020DATE:SPREUSNUMBERHARTCHRISTIAN800TATEOFAAAA LBM AAARRRE G IS T EEEEDLNDSCPCHICTTGENERAL PLANTING NOTES:1. CONTRACTOR SHALL BE RESPONSIBLE FOR THE SITE INSPECTION PRIOR TO LANDSCAPE CONTRUCTION IN ORDER TO ACQUAINTHIMSELF/HERSELF WITH EXISTING CONDITIONS. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ALL EXISTING UNDERGROUNDUTILITIES BEFORE BEGINNING CONSTRUCTION.2. CONTRACTOR SHALL VERIFY PLANT QUANTITIES FROM THE PLAN AND REPORT DIFFERENCES TO THE OWNER'S REPRESENTATIVEFOR ADJUSTMENTS.3. ALL PLANT MATERIALS ARE SUBJECT TO APPROVAL OR REFUSAL BY THE OWNERS REPRESENTATIVE AT THE JOB SITE.4. CONTRACTOR SHALL LAYOUT ALL PLANT MATERIAL FOR REVIEW BY OWNER'S REPRESENTATIVES APPROVAL PRIOR TO PLANTING.A MINIMUM 48 HOURS NOTICE SHOULD BE GIVEN AND ANTICIPATED BY THE CONTRACTOR FOR THIS REVIEW.5. CONTRACTOR SHALL AMEND ALL PLANTING AREAS WITH 60% APPROVED ORGANIC SOIL MIX AND 40% APPROVED SANDY LOAM TOPSOIL. PROPER DRAINAGE SHALL BE OBTAINED IN ALL AREAS. DO NOT BACK FILL HOLES WITH EXISTING SUBGRADE.6. PLANTS SHALL BE WELL FORMED, VIGORUS, GROWING SPECIMENS WITH GROWTH TYPICAL OF VARIETIES SPECIFIED AND SHALL BEFREE FROM INJURY, INSECTS AND DESEASES. PLANTS SHALL EQUAL OR SURPASS QUALITY AS DEFINED IN THE CURRENT ISSUE OFNURSERY "AMERICAN STANDARDS FOR NURSERY STOCK" AS PUBLISHED BY THE AMERICAN NURSERYMEN, INC.7. ALL PLANT MATERIAL SHALL BE BALLED AND BURLAPPED OR CONTAINER GROWN UNLESS OTHERWISE SPECIFIED.8. ALL PLANTING PITS SHALL BE DOUBLE THE SIZE OF THE ROOT BALL OR CONTAINER.9. PROVIDE A WATER PERCOLATION TEST FOR ALL TREE PITS. FILL EACH TREE PIT WITH WATER, IF THE WATER DOES NOT PERCOLATEOUT WITHIN 12 HOURS, PROVIDE TREE PIT DRAINAGE. AUGER A 8" DIAMETER HOLE 36" DOWN AT THE BOTTOM OF THE TREE PIT ANDFILL WITH CRUSHED STONE. TEST AGAIN FOR PROPER PERCOLATION.10. FRONT ROW OR SHRUBS SHALL BE PLANTED A MINIMUM OF 24" BEHIND BED LINE AT LAWNS OR WALKS AND MINIMUM 36" BACK OFCURB AT PARKING AREAS.11. BACK ROW OF SHRUB PLANTING SHALL BE PLANTED 36" OFF FACE OF BUILDING WALL. GROUND COVERS SHALL BE 12" OUT FROMBUILDING AS REQUIRED BY PLANT SPECIFICATIONS.12. EXCAVATE EDGE OF ALL PLANTING BEDS TO 4" DEPTH TO FORM A NEAT CRISP DEFINITION.13. PLANTING BEDS SHALL BE 6-8" ABOVE SOD GRADE.14. ALL PLANTING BEDS AND TREE PITS SHALL BE MULCHED WITH A 3" SETTLED LAYER OF PINE STRAW ON LEVEL AREAS AND PINEPINE STRAW MULCH ON SLOPES.15. GRADE ALL AREAS FOR APPROVAL BY LANDSCAPE ARCHITECT BEFORE SODDING.16. SEASONAL COLOR SHALL BE PLANTED IN FLOWERING STATE.17. CONTRACTOR SHALL GUARANTEE ALL PLANT MATERIAL, INCLUDING GRASS FOR ONE FULL YEAR FROM DATE OF WRITTEN SUBSTANTIALCOMPLETION. 18. ALL TREES SHALL BE STAKED AND TIED IN THE FIELD BY AN APPROVED METHOD. REMOVE ALL GUY WIRES AND STAKES AT THEEND OF THE GUARANTEE PERIOD.19. TOPSOIL: TOPSOIL SHALL BE FERTILE, FRIABLE, SANDY LOAM AND A NATURAL SURFACE SOIL OBTAINED FROM WELL AREASREVIEWED BY THE LANDSCAPE ARCHITECT AND POSSESSING CHARACTERISTICS OF REPRESENTATIVE SOILS IN THE PROJECT VICINITYTHAT PRODUCE HEAVY GROWTHS OF CROPS, GRASS OR OTHER VEGETATION.- TOPSOIL SHALL BE FREE OF SUBSOIL, BRUSH, ORGAINIC LITTER OR OBJECTIONABLE WEEDS, CLAY, CLOTS, STUMPS, STONES, ROOTSOR OTHER MATERIAL HARMFUL TO PLANT MATERIALS. SHOULD REGEERATIVE MATERIALS BE PRESEINT IN THE SOIL, CONTRACTORSHALL ERADICATE AND REMOVE SUCH GROWTH, BOTH SURFACE AND ROOT, WHICH MAY APPEAR IN THE IMPORTED MATERIAL WITHINONE YEAR FOLLOWING ACCEPTANCE OF THE WORK.- TOPSOIL SHALL NOT BE HANDLED IN A FROZEN MUDDY CONDITION. THE ACIDITY RANGE SHALL BE BETWEEN 5 AND 7, INCLUSIVE.THE MECHANICAL ANALYSIS OF THE SOIL SHALL BE AS FOLLOWS:SIEVE SIZE PERCENT PASSING1 INCH MESH 99-100%1/4 INCH MESH 97-99%NO. 100 MESH 40-60%NO. 200 MESH 20-40%20. STOCKPILE MATERIAL THAT DOES NOT MEET THE REQUIREMENTS MAY, AT THE OPTION OF THE CONTRACTOR, BE IMPROVED BYSCREENING AND THE ADITION OF ORGANIC MATTER AND CHEMICAL ADMIXTURES.22. MAINTAIN ALL LANDSCAPE WORK FOR 30 DAYS AFTER SUBSTANTIAL COMPLETION HAS BEEN PROVIDED IN WRITING.21. APPROVED PRE-EMERGENT WEED CONTROL SHALL BE SPREAD PER MANUFACTURER'S RATES AFTERALL PLANTINGS HAVE BEEN INSTALLED, IN ALL PLANTED AREAS PRIOR TO MULCHING WITH PINE STRAW.23. THE LANDSCAPE ARCHITECT IS NOT RESPONSIBLE FOR THE MEANS AND METHODS OF APPROPRIATENESS OF THE INSTALLATION PROCEDURES UNDERTAKEN BY ANY CONTRACTOR AND IS NOT RESPONSIBLE FOR JOB SAFETY.quant. botanical name common name size remarksPLANT USE LISTNOTE: QUANTITIES SHOWN IN THE "PLANT USE LIST" ARE SOLELY FOR THE CONVENIENCE OF THE LANDSCAPE CONTRACTOR.CONTRACTOR TO VERIFY QUANTITIES SHOWN ON THE "PLANTING PLAN" AGAINST THOSE SHOWN IN THE "PLANT USE LIST", ANDPLANT THOSE QUANTITIES SHOWN ON THE "PLANTING PLAN".59 Ilex cornuta 'Dwarf Burford'DWARF BURFORD HOLLY24-30" HT. MIN. 3 GAL., @ 3' O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERS296 Sabal minorDWARF PALMETTO24-30" HT. MIN. 3 GAL., @ 4' O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERS549 Tripsacum floridanumDWARF FAKAHATCHEE GRASS18-22" HT.312 Ilex cassineDAHOON HOLLY30-36" HT. MIN. 3 GAL., @ 4' O/C, FULL, WELL BRANCHED PLANTS, TRIMMED HEDGE6 Quercus phellosWILLOW OAK12'-14' HT.6 Taxodium distichumBALDCYPRESS12'-14' HT.14Nyssa salvaticaBLACK GUM12'-14' HT. MIN. 65 GAL., MIN. 4-6' SPREAD, 3-3.5" CAL., FULL, WELL BRANCHED, SINGLE TRUNK SPECIMENMIN. 65 GAL., MIN. 4-6' SPREAD, 3-3.5" CAL., FULL, WELL BRANCHED, SINGLE TRUNK SPECIMEN13Fraxinus pennsylvanica 'Georgia Gem' GEORGIA GEM ASH12'-14' HT. MIN. 65 GAL., MIN. 4-6' SPREAD, 3-3.5" CAL., FULL, WELL BRANCHED, SINGLE TRUNK SPECIMEN268 Spartina bakeriSAND CORDGRASS18-22" HT. MIN. 1 GAL., @ 4' O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERS55 Muhlenbergia capillarisGULF MUHLY GRASS18-22" HT. MIN. 3 GAL., @ 3' O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERSZoysia japonica 'El Toro'3,417syEL TORO ZOYSIA SOD --- SOLID SOD, REF. PLANS FOR SOD TYPE LOCATIONS445 Myrica pusillaDWARF WAXMYRTLE42-48" HT. MIN. 7 GAL., @ 3' O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERSPLANTS: LANDSCAPE CONTRACTOR SHALL SUBMIT PHOTOS WITH SCALE REFERENCES OF ALL PLANTS & TREES TO THE LANDSCAPEARCHITECT FOR APPROVAL IN WRITING PRIOR TO HAVING THEM DELIVERED TO THE SITE.MIN. 3 GAL., @ 3' O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERS719 Liriope muscari 'Emerald Goddess' EMERALD GODDESS LIRIOPE8-12" HT. MIN. 1 GAL., @ 18" O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERS143 Rosa meidriforaCORAL DRIFT ROSE8-12" HT. MIN. 3 GAL., @ 30" O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERS111 Calicarpa issaiDWARF BEAUTYBERRY18-22" HT. MIN. 3 GAL., @ 3' O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERS281 Itea virginica 'Henry's Garnet'HENRY'S GARNET SWEETSPIRE18-22" HT. MIN. 3 GAL., @ 3' O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERS12 Quercus nuttalliiNUTTALL OAK12'-14' HT.45 Taxus cuspidataJAPANESE YEW24-30" HT. MIN. 3 GAL., @ 3' O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERS38 Tripsacum dactyloidesFAKAHATCHEE GRASS24-30" HT. MIN. 3 GAL., @ 4' O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERS566 Dietes 'Bicolor'BICOLOR AFRICAN IRIS18-22" HT. MIN. 1 GAL., @ 24" O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERSMIN. 65 GAL., MIN. 4-6' SPREAD, 3-3.5" CAL., FULL, WELL BRANCHED, SINGLE TRUNK SPECIMENMIN. 65 GAL., MIN. 4-6' SPREAD, 3-3.5" CAL., FULL, WELL BRANCHED, SINGLE TRUNK SPECIMEN50 Myrica ceriferaSOUTHERN WAXMYRTLE30-36" HT. MIN. 7 GAL., @ 6' O/C, FULL, WELL BRANCHED PLANTS, TRIMMED HEDGE68 Azalea indica 'Formosa'FORMOSA AZALEA24-30" HT. MIN. 3 GAL., @ 4' O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERS155 Camellia sasanqua 'Shishi Gashira' SHI SHI CAMELLIA18-22" HT. MIN. 3 GAL., @ 3' O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERS69 Miscanthus sinensis 'Gracillimus'MAIDEN GRASS18-22" HT. MIN. 3 GAL., @ 4' O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERSFUTURE STREET TREES19Fraxinus pennsylvanica 'Georgia Gem' GEORGIA GEM ASH12'-14' HT. MIN. 65 GAL., MIN. 4-6' SPREAD, 3-3.5" CAL., FULL, WELL BRANCHED, SINGLE TRUNK SPECIMEN27Pistacia chinensisCHINESE PISTACHE12'-14' HT. MIN. 65 GAL., MIN. 4-6' SPREAD, 3-3.5" CAL., FULL, WELL BRANCHED, SINGLE TRUNK SPECIMEN171 Myrica pusillaDWARF WAXMYRTLE18-22" HT. MIN. 3 GAL., @ 3'' O/C, FULL, WELL BRANCHED PLANTS, STAGGER CENTERSCHRISTIAN PREUS www.cpladeslgnplannlng.com Landscape Architecture LAWRENCE RDNORTHWOOD STEASTWOOD AV WESTWOOD AV SOUTHWOOD STCALIBRE STSKY LN FRYE LN GAYFER RD EXT City of FairhopePlanning Commission September 10, 2020 ¯ GAYFER RD EXT LAWRENCE RDSD 20.39 - Lawrence Road Subdivision Legend COF Corp. Limits COF Planning JurisdictionCOF Zoning R-1 - Low Density Single-Family ¯ ¯ ^ Project Name: SD 20.39 Lawrence Road Subdivison Site Data: 2 lots / 39.94 acres total Project Type: Minor Subdivsion Jurisdiction: Fairhope Planning, Police, and Permit JurisdictionsZoning District: Baldwin County Planning District 14 (unzoned)PPIN Number: 36376General Location: East side of Lawrence road approx. 1,300 ft north of CR 48Surveyor of Record David Dieh, PLSEngineer of Record: Larry Smith, PE (traffic study) Owner / Developer: Karen Alford School District: Fairhope Elementary Schools, Fairhope Middle and High SchoolRecommendation: Denial Prepared by: J. Buford King, Development Services Manager 1 SD 20.39 Lawrence Road Subdivision – September 10, 2020 Summary of Request: Public hearing to consider the request of S.E. Civil Engineering and Surveying on behalf of Karen Alford for minor subdivision (concurrent preliminary and final plat) approval of Lawrence Road Subdivision, a 2-lot minor division. The property is approximately 39.94 acres and is located on the east side of Lawrence Road approximately 1,300 feet north of intersection of Lawrence Road and County Road 48. Comments: The subject property is located outside the Corporate limits of the City of Fairhope but within the Fairhope Planning Jurisdiction and therefore must follow Fairhope’s Subdivision Regulations. The proposed subdivision has been submitted as a minor subdivision request and has been reviewed accordingly. As submitted the requested subdivision does not appear to propose installation of any infrastructure or improvements. As a result, no plans and profiles of utilities or roadways is included and a tree protection plan, landscape plan, and other criteria required for a major subdivision is not applicable. The proposed subdivision does not trigger a traffic study due to the trip generation falling below the threshold of a traffic study, and the engineer of record (EOR) provided correspondence verifying the non-requirement of a traffic study. Article V, Section F.7. of the City of Fairhope Subdivision Regulations indicates that “The requirement for a combination of storage and controlled release of storm water is not required for minor subdivisions; however, if the Planning Commission deems that the intensity of the development could cause off-site storm water flow impacts during or after development, a combination of storage and controlled release shall be required”. Staff does not believe the subdivision as-submitted will trigger a requirement for a storm water design and does not recommend a drainage system be designed for subject application. If the planning commission believes a stormwater design is required, it may wish to table this application to a future meeting to allow design of a stormwater collection and treatment system. Domestic water is available through the City of Fairhope Public Utilities department however sanitary sewer is not currently available, but may be installed by the developer. Signature blocks for the Baldwin County Health Department are included on the proposed plat so that septic tanks may be installed in lieu of sanitary sewer. Where sanitary sewer is not available, lot sizes of 20,000 sf or greater are required and both proposed lots are in exceedance of the 20,000 sf requirement. Natural gas service is not available from Fairhope Public Utilities. Electrical service shall be provided by Baldwin EMC. AT&T will provide telecommunications. Waiver Request: The applicant has submitted two waivers from the City of Fairhope Subdivision Regulations: Article VI Section D. “Sidewalks” states “sidewalks shall be installed on all streets within the planning jurisdiction of the City of Fairhope”. 2 SD 20.39 Lawrence Road Subdivision – September 10, 2020 Article VI Section G. “Fire Hydrants” states “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”. A. WAIVER STANDARDS: (Staff response in blue) 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. Article VI Section D. - Sidewalks: The applicant’s request for wavier does not necessarily indicate a hardship preventing sidewalk installation. Three existing developments are within approximately one quarter mile of subject property that contain existing sidewalks: North Station – 1,400’ west of subject property Tracery – 1,400’ north of subject property River Station – 700’ west of subject property Historically, the planning commission has greatly emphasized sidewalk installation to facilitate future pedestrian connectivity and walkability of developments and has either required sidewalk installation, or in the case of county roads, required a pedestrian easement on private property along the margin of the property adjacent to the public ROW to allow future sidewalk installation, but not required sidewalks to be installed prior to minor subdivision plat approval. The applicant’s request for waiver is a request from the sidewalk requirement outright and does not propose any alternatives that are a minimum deviation from the requirement of the subdivision regulations. Article VI Section G. – Fire Hydrants: The applicant’s request for wavier does not necessarily indicate a hardship preventing installation of additional fire hydrants. The waiver request correctly indicates the location of an existing fire hydrant at the intersection of Lawrence Road and Gayfer Road extension. The waiver request asserts that the single hydrant should be adequate for the entire development, however the waiver request also notes the two lots combine for approximately 1,300’ of road frontage. Per Article VI Section “G”, at least two more fire hydrants must be installed to be in compliance with the 450’ fire hydrant spacing required by the subdivision regulations. The applicant’s request for waiver is a request from the fire hydrant requirement outright and does not propose any alternatives that are a minimum deviation from the requirement of the subdivision regulations. 2. The condition is beyond the control of the sub-divider. Article VI Section D. - Sidewalks: Not applicable Article VI Section G . – Fire Hydrants: Not applicable 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. 3 SD 20.39 Lawrence Road Subdivision – September 10, 2020 Article VI Section D. - Sidewalks: Staff finds that this waiver may possibly nullify the intent of the regulations because the existing character of three surrounding developments contain sidewalks. A reading of the comprehensive plan indicates that sidewalks are contemplated in this area by the Comprehensive Plan as there is an emerging “village” near subject property. Article VI Section G. – Fire Hydrants: Staff finds that this waiver will nullify the intent of the subdivision regulations. Article I Section “A” states “The purpose of these regulations is to promote the health, safety, morals and general welfare of present and future residents and to effect the coordinated and efficient development of the City of Fairhope, Alabama in accordance with the Comprehensive Plan and all other plans or programs adopted by the City for the physical development of the City of Fairhope and neighboring territory”. Fire protection is therefore a matter of public safety as contemplated by the subdivision regulations. 4. The waiver is the minimum deviation from the required standard necessary to relieve the hardship; Article VI Section D. - Sidewalks: A minimum deviation was not submitted. The requested wavier is an outright request from the subdivision regulations. Article VI Section G. – Fire Hydrants: A minimum deviation was not submitted. The requested wavier is an outright request from the subdivision regulations. 5. The waiver shall not have an adverse effect on adjacent landowners, or future landowners, or the public; Article VI Section D. - Sidewalks: The waiver may not necessarily have an adverse effect in the immediate future, however additional development in the area near subject property is likely to occur. As stated previously, three nearby developments contain sidewalks and this development will provide a link for future connectivity if sidewalks are installed. If this waiver is granted, staff will recommend a pedestrian easement be placed on the plat on the margin of private property immediately adjacent to the ROW to allow sidewalk installation by a future developer. Article VI Section G. – Fire Hydrants: As stated previously, fire protection is a matter of public safety. As defined by the subdivision regulations, at least two (2) fire hydrants must be installed for this development. The waiver requests an outright waiver from the fire hydrant requirements of the subdivision regulations and does not propose any fire protection alternatives vetted by the Authority Having Jurisdiction (in this case, the City of Fairhope Building Official). Without adequate fire protection an adverse effect may occur to adjacent landowners, future landowners, or the public, and thus the development would not promote the health, safety, morals, and general welfare of present and future residents. 6. The waiver is necessary so that substantial justice is done. Article VI Section D. - Sidewalks: Staff is neutral on this standard. Article VI Section G. – Fire Hydrants: Staff is neutral on this standard. The subdivision regulations contain the following criteria in Article IV.B.2. Approval Standards: 4 SD 20.39 Lawrence Road Subdivision – September 10, 2020 “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; • Does not appear to meet due to lack of sidewalks as contemplated by the comprehensive plan Pager 13 of The City of Fairhope Comprehensive Plan states the following: Highway 181 / Fairhope Ave presents an additional village opportunity. While this area has seen a growth of large retailers in the recent past due to regulatory limitations (i.e. significant property located outside of the City Limits in unzoned Baldwin County), it is in the early stages of village pattern development. River Mill Subdivision is connected to both Fairhope Avenue and Windmill Road. The residential areas around Gayfer Avenue and Blueberry Lane are built in accordance with the City Subdivision Regulations and provide neighborhood level greenspace, sidewalks, streets, trees, and connectivity. While this area will evolve over time, the “bones” of a village are generally in place. 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; • Not applicable, however note comments in “a” above c. The proposed subdivision is not consistent with these Regulations; • Meets d. The proposed subdivision is not consistent with other applicable state or federal laws and regulations; or • Meets e. The proposed subdivision otherwise endangers the health, safety, welfare or property within the planning jurisdiction of the City.” • Does not appear to meet due to non-installation of fire hydrant as more fully-described in the waiver request evaluation, above. Follow-Up Activities Required by Staff and/or the Applicant: If it is the pleasure of the Planning Commission to approve subject case, the applicant is advised the final plat must be recorded in the Judge of Probate’s office within sixty (60) days of final plat approval by the City of Fairhope Planning Commission, or the final plat approval is null and void. Further, if it is the pleasure of the Planning Commission to approve subject case, staff will have conditions of approval available for discussion during the planning commission meeting. 5 SD 20.39 Lawrence Road Subdivision – September 10, 2020 Recommendation: Staff recommends DENIAL of Case number SD 20.39 due to the following deficiencies: 1. Non-installation of sidewalks as required by Article VI Section “D”. a. A waiver from sidewalk requirements has been submitted by the applicant for the Planning Commission’s consideration b. The City of Fairhope Comprehensive Plan appears to contemplate sidewalk installation in the area of subject property as a component of an emerging HWY 181 / Fairhope Ave village. 2. Non-installation of fire hydrants as required by Article VI Section “G”. c. A waiver from fire hydrant requirements has been submitted by the applicant for the Planning Commission’s consideration Civil KAREN ALFORD(251) 990-6566880 HOLCOMB BLVDFAIRHOPE, AL 36532Engineering& SurveyingPROJ MGROFSHEETFILEPROJECTSCALEDED11LAWRENCE-RD SUBLAWRENCE RD1"=100'CHKD. DEDDRAWNRDCBOUNDARY &SURVEYOR'S CERTIFICATELEGEND:SUBDIVISION050100200100 SCALEP.O.B.P.O.C.LAWRENCE RD. 60 FT. R/WGAYFER RD EXT66 FT. R/WSURVEYOR'S NOTES:UTILITIESWATER SERVICE: FAIRHOPE UTILITIESELECTRIC SERVICE: BALDWIN COUNTY EMCTELEPHONE SERVICE: AT&TPARCEL NO. 05-46-06-13-0-000-004.000PPIN 36376OWNER/DEVELOPER:MOBILE AL 36693 KATHRYN M ROBERTS & MARY ALICE LLOYD6112 LENNOX PLACECERTIFICATE OF APPROVAL BY THE FAIRHOPE PLANNING COMMISSIONCERTIFICATE OF APPROVAL BY E-911 ADDRESSINGCERTIFICATE OF THE BALDWIN COUNTY PLANNING DIRECTORCERTIFICATE OF APPROVAL BY THE COUNTY ENGINEERCERTIFICATE OF APPROVAL BY AT&TCERTIFICATE OF OWNERSHIPCERTIFICATE OF NOTARY PUBLIC:SITE DATA:ZONING: UNZONEDTOTAL ACREAGE: 39.94 ACNUMBER OF LOTS: 2FLOOD STATEMENTSITEVICINITY MAP1" = 1 MILELAWRENCE ROAD SUBDIVISIONCERTIFICATE OF OWNERSHIPCERTIFICATE OF NOTARY PUBLIC:CERTIFICATE OF APPROVAL BY CITY OF FAIRHOPE UTILITIES (WATER): LEGAL DESCRIPTIONCERTIFICATE OF APPROVAL BY BALDWIN COUNTY EMCCERTIFICATE OF APPROVAL BY BALDWIN COUNTY HEALTH DEPARTMENTLOT 1LOT 2DENSITY: 0.05 UNITS PER ACREPROPOSED USE: RESIDENTIALMINIMUM F.F.E.THE NE CORNER OF THE NW l/4 OF 280.00' A&R VfGE;;{ ORTH LINE SECTION 13 T-6-S R-2-E THE NW 1/4 OF SECTION 13, 1,(2~5 -----------ROAD PROPERTY LIES IN FLOOD ZONE "X" UNSHADED AS SCALED FROM FLOOD INSURANCE RATE MAP NUMBER 01003C0664M, COMMUNITY NUMBER 015000, PANEL 0664, SUFFIX "M", DATED APRIL 19, 2019. ________________ 10· B.S.L. __ r _ _j 3. I I ) ) I I \ ( ) I I ) VrTTH NAIL -[H'-[H'-[}f'-[H'-[}f'-' N ' 5/B"CRF (D£W8ERR'f) SOUTH LINE OF NW 1/4 OF NW 1/4 OF SECTION 13, T-6-S, R-2-E THE SE CORNER OF THE NW 1/4 OF THE NW 1/4 OF SECTION 13 COMMENCE AT A REBAR (NO CAP) AT THE NORTHWEST CORNER OF SECTION 13, TOWNSHIP 6 RANGE 2 EAST, BALDWIN COUNTY, THENCE RUN SOUTH DEGREES 51 MINUTES 38 SECONDS EAST, THE NORTH LINE OF SAID SECTION 13, A DISTANCE OF 28.25 FEET TO A REBAR (NO CAP) ON THE EAST RIGHT-OF-WAY LINE OF LAWRENCE ROAD AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 51 MINUTES 38 SECONDS EAST, ALONG THE NORTH LINE OF SAID SECTION 13, A DISTANCE OF 1308.61 FEET TO A LIGHTER POST WITH NAIL AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE RUN SOUTH 00 DEGREES 08 MINUTES 10 SECONDS WEST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13, A DISTANCE OF 1330,00 FEET TO A CAPPED REBAR (DEWBERRY) AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION THENCE RUN NORTH 89 DEGREES 49 MINUTES 06 SECONDS \\£ST, THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTH\11:ST QUARTER OF SAID SECTION 13, A DISTANCE OF 1308,14 FEET TO A CAPPED REBAR (FABRE) ON THE EAST RIGHT-OF-WAY LINE OF AFORESAID LAWRENCE ROAD; THENCE RUN NORTH 00 DEGREES 06 MINUTES 58 SECONDS EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 1329.03 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 39.94 ACRES, MORE OR LESS WE, THE UNDERSIGNED, _________ AS PROPRIETOR(S), HAVE CAUSED THE LAND EMBRACED IN THE WITHIN PLAT TO BE SURVEYED, LAID OUT AND PLATTED TO BE KNOWN AS LAWRENCE ROAD SUBDIVISION, BALD\NIN COUNTY, ALABAMA, AND THAT THE STREETS AND EASEMENTS, AS SHOWN ON SAID PLAT, ARE HEREBY DEDICATED TO THE USE OF THE PUBLIC DATED THIS DAY OF _______ , 2020 PRINT NAME STATE OF ALABAMA COUNTY OF BALDWIN SIGNATURE , NOTARY PUBLIC IN AND FOR SAID COUNTY, IN SAID STATE, HEREBY CERTIFY THAT---------~ AS OWNER OF THE LANDS PLATTED HEREON IS SIGNElJ TO THE FOREGOING INSTRUMENT, AND WHO IS KNOV</N TO ME, ACKNOWLEDGED BEFORE ME ON THIS DAY THAT, BEING INFORMED OF THE CONTENT OF THE INSTRUMENT, AND AS SUCH LEASEHOLD OWNER AND WITH FULL AUTHORITY, EXECUTED THE SAME VOLUNTARILY GIVEN UNDER MY HAND AND OFFICIAL SEAL THE DAY OF _____________ _ NOTARY PUBLIC MY COMMISSION EXPIRES WE, THE UNDERSIGNED, _________ AS PROPRIETOR(S), HA\IE CAUSED THE LAND EMBRACED IN THE WITHIN PLAT TO BE SURVEYED, LAID OUT AND PLATTED TO BE KNOWN AS LAWRENCE ROAD SUBDIVISION, BALDWIN COUNTY, ALABAMA, AND THAT THE STREETS AND EASEMENTS, AS SHOWN ON SAID PLAT, ARE HEREBY DEDICATED TO THE USE OF THE PUBLIC DATED THIS DAY OF _______ , 2020. PRINT NAME SIGNATURE STATE OF ALABAMA COUNTY OF BALDWIN , NOTARY PUBLIC IN AND FOR SAID COUNTY, IN SAID STATE, HEREBY CERTIFY THAT _________ , AS OWNER OF THE LANDS PLATTED HEREON IS SIGNED TO THE FOREGOING INSTRUMENT, AND WHO IS KNOV</N TO ME, ACKNOWLEDGED BEFORE ME ON THIS DAY THAT, BEING INFORMED OF THE CONTENT OF THE INSTRUMENT, AND AS SUCH LEASEHOLD OWNER AND WITH FULL AUTHORITY, EXECUTED THE SAME VOLUNTARILY. GI\IEN UNDER MY HAND AND OFFICIAL SEAL THE DAY OF _____________ _ NOTARY PUBLIC MY COMMISSION EXPIRES THE UNDERSIGNED, AS DIRECTOR OF THE BALDWIN COUNTY PLANNING AND ZONING DEPARTMENT. HEREBY APPROVES THE WITHIN PLAT FOR RECORDING OF THE THE PROBATE OFFICE OF BALDWIN COUNTY, ALABAMA OF _______ 2020 PLANNING DIRECTOR THE UNDERSIGNED, AS COUNTY ENGINEER OF BALDWIN COUNTY, ALABAMA, HEREBY APPROVES THE WITHIN PLAT FOR THE RECORDING OF SAME IN THE PROBATE OFFICE OF BALD1NIN COUNTY, ALABAMA, THIS THE DAY OF ________ 2020. *NO NEW ROADS ACCEPTED FOR MAINTENANCE* COUNTY ENGINEER THIS PLAT HAS BEEN SUBMITTED TO AND CONSIDERED BY THE CITY PLANNING COMMISSION OF FAIRHOPE, ALABAMA, AND IS APPROVED BY SUCH COMMISSION. THE CITY OF FAIRHOPE PLANNING COMMISSION BY· _____________ DATE· ______ _ I HEREBY STATE THAT ALL PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN ACCORDANCE WITH THE CURRENT REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF ALABAMA TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF, --~~°=~--~O_w_-~?-__ 1o_-~z.o~2_0 __ DAVID E DIEHL AL. PLS. NO. 26014 DATE SURVEY NOT VALID WITHOUT ORIGINAL SIGNATURE ANO (A & R) (R) = RECORD RFAR,N<;m,sTANCF • = CAPPED REBAR SET (SE CIVIL) CRF = CAPPED REBAR FOUND CTIF = CRIMP TOP RBF = REBAR FOUND DB = DEED BOOK RPB = REAL PROPERTY BOOK PG = PAGE INS -INSTRUMENT # = NUMBER R/W = RIGHT-OF-WAY = CHAIN LINK FENCE = OVERHEAD POWER LINE = SECTION/QUARTER SECTION LINES l'.l'l = TELEPHONE PEDESTAL G) = TELEPHONE MANHOLE ------:, = GUY WIRE CU:, = UTILITY POLE @ = SEWER MANHOLE ~ = WATER VALVE lX = FIRE HYDRANT ~ = SEWER VALVE A = FIBER OPTIC MARKER THE UNDERSIGNED, AS AUTHORIZED BY BALDWIN COUNTY EMC, HEREBY APPROVES THE WITHIN PLAT FOR THE RECORDING OF SAME IN THE PROBATE OFFICE OF BALD1NIN COUNTY, THIS DAY OF AUTHORIZED REPRESENTATIVE THE UNDERSIGNED, AS AUTHORIZED BY AT&T HEREBY APPROVES PLAT FOR THE RECORDING OF SAME IN THE PROBATE OFFICE OF COUNTY, ALABAMA, THIS DAY OF---------~ AUTHORIZED REPRESENTATIVE THE LOT(S) ON THIS PLAT MEET THE ALLOWED EXEMPTIONS TO THE LARGE-FLOW DEVELOPMENT RULES AS PROl!DED IN 420-3-1-.17 OF THE ONSITE SEWAGE TREATMENT AND DISPOSAL REGULATIONS, AND THE HEREIN PLAT IS APPROVED FOR RECORDING, THIS THE _____ DAY OF ________ 2020 THE SIGNATURE AFFIXED HEREON DOES NOT IMPLY AN APPROVAL FOR ANY EXISTING OR FUTURE ONSITE SEWAGE TREATMENT SYSTEM AUTHORIZED SIGNATURE THE UNDERSIGNED, AS AUTHORIZED BY THE CITY OF FAIRHOPE UTILITIES HEREBY APPRO\IES THE WITHIN PLAT FOR THE RECORDING OF SAME IN THE PROBATE OFFICE OF BALDWIN COUNTY, ALABAMA, THIS ____ DAY OF -------• 2020 AUTHORIZED REPRESENTATI\IE THE UNDERSIGNED, AS AUTHORIZED BY BALDWIN COUNTY E-911 BOARD. HEREBY APPROVES THE ROAD NAMES AS DEPICTED ON THE WITHIN PLAT AND HEREBY APPRO\IES THE 1NITHIN PLAT FOR THE RECORDING OF SAME IN THE PROBATED OFFICE OF BALDWIN COUNTY, ALABAMA, THIS DAY OF ______ ~ 2020. AUTHORIZED SIGNATURE August 19, 2020 Buford King City Planner City of Fairhope 161 North Section Street Fairhope, Alabama 36532 Re: Lawrence Road Subdivision Dear Buford: Attached is the resubmittal package for the above referenced project. Below is a response to the comments provided. Article IV, Section C.1. Preliminary Plat Application Checklist RESPONSE: Preliminary Plat Checklist is attached herewith Article IV, Section C.1. Memorandum of Transmittal for Extra-Territorial Development (IF APPLICABLE) RESPONSE: Please find attached the approved Exemption letter from the County. We hope this approval serves as proof of our submittal to them. Article IV, Section C.1.b.(8) Utility availability letters not furnished. Please contact Penny Hale at (251) 928-8003 to obtain utility availability letters from Fairhope Public Utilities. Plans and profiles of fire hydrants required for this subdivision were not furnished. Plans and profiles of sewer mains to be installed to service the subdivision not furnished – it is assumed by virtue of the Baldwin County Health Department signature block that septic tanks in lieu of sanitary are requested for this subdivision – please verify via follow-up correspondence. RESPONSE: Septic Tanks are proposed for this Subdivision. Article IV, Section C.1.b.(10) Please indicate the proposed use on the plat as required by this section. RESPONSE: Added to Plat Article IV, Section C.1.b.(11) Flow model data submitted to the standards of the COF Water Department. RESPONSE: Fire Flow test has been scheduled and the results will be forwarded to you once we receive. Article IV, Section C.1.b.(14) Minimum finished floor elevations for every lot. RESPONSE: A note regarding finished floor elevations has been added to the Plat. Article IV, Section C.1.b.(18) Please include a copy of the wetland delineation report with follow-up correspondence. RESPONSE: Wetland Delineation Report is attached herewith Article IV, Section C.1.b.(20) Staff requests the digital copy of all plans be in Adobe PDF format supplied on a compact disc or made available via download. RESPONSE: PDF is attached herewith Article IV, Section C.1.g. licensed professional engineer did not provide a highway improvements plan, or provide a letter stamped by a licensed professional engineer indicating a highway improvements plan is not required due to the trip generation of the site. RESPONSE: Letter regarding Traffic Data is being prepared and will be forwarded as soon as completed. Article IV, Section C.1.h. A licensed professional engineer did not provide a traffic study, or a letter stamped by a licensed professional engineer indicating a traffic study is not required. Article VI, Section A. The design professional (engineer or surveyor) must include a certificate of insurance with their application. Make certain the certificate has not expired. RESPONSE: Errors and Omissions Insurance attached herewith Article VI, Section G. It appears two (2) additional fire hydrants must be installed to serve the proposed subdivision. RESPONSE: We are requesting a waiver from this requirement (attached herewith). Article V, Section D.7.a. Street Standards – Exceptions to Street Standards. If so requested, the Commission may waive the requirement to install sidewalks if, in the discretion of the Commission, sidewalks will not serve the intended purposes due to the absence of other sidewalks in proximity to the subdivision or due to topographical conditions. However, in such cases the Commission shall require sidewalk easements along the margin of lots adjacent to the right-of-way to accommodate the installation of sidewalks in the future. RESPONSE: Sidewalk Waiver Letter attached herewith We anticipate the responses above will satisfy your comments. Please let me know if you have additional questions or comments. Sincerely, David E Diehl, PLS August 20 2020 Buford King City of Fairhope 555 S . Section Street Fairhope, AL 36532 Re: Lawrence Road Subdivision Dear Buford: Civil Engineering & Surveying Thjs letter is to serve as back up information as to why a Traffic Impact Study is not warranted for this project. Accorrung to the subdivision regulations a traffic impact study is req'Uired -if a project will increase the average daily traffic by 1 000 trips or generate 50 trips or more during any peak hour period. The proposed Subruvisio □ will have two residential lots. Per the attached ITE Trip estimate, tbe development will produce 19 daily trips and 2 peak trips. This does not meet the threshold ofrequiring a Traffic Study. Larry Smith, PE larry@secivil.pro 880 Holcomb Blvd Suite 2F Fairhope Alabama 36532 251-990-6566 Instructions : Trip Generation Rates from the 8th Edition ITE Trip Generation Report Enter Numbers Into th e "E.xe,c1e9 Un its" NA: Nol Available KS F~ Units of 1,000 square feet In the Corres ponding Yellow Col umn DU : DweJ/ir19 Unit Fuel Position: # ol vehicles that could be fueled s/muManeous/y Occ.Room : Occupied Room Expected Uni ts Rate Weekday PM Peak %PM %PM (Independent Calculated PM Peak DescrtpUon / ITE Code Untts DIiiy Traffic Pertod Rite In Out vartable} DallyTf1ps Trtpa • Total PM In PM Out Walerport/M ame Termlnal 010 Berths 171-52 NA NA NI' 0 NA NA NA Commertial Alf1)0(1 02 1 Employees 13.40 0.80 54% 46% 0 0 NA NA Commercial Alrpon 021 A"ll FllgnlSIDay 104.73 5.75 58% ..C% 0 0 NA NA Commercial AllpoO 021 COOL FhgnlS/Day 122.21 6 .88 54% 46% 0 0 NA NA G•neraJ Aviation Alrpotl 022 Employees 14.24 1.03 45% 55% 0 0 NA NA Genenal AvlaUon Airport 022 A"IJ . Flights/Day 1.97 NA NA NA 0 NA NA NA GenOflll Avlollon Ajrpofl 022 Based Airm1ft 5.00 0.37 45% S5% 0 0 NA NA truck Tenni'lal 030 A""'S 81 .90 6.55 43% 57% 0 0 NA NA P,arti:.&Rld& w/ Bus SeMCe 090 Paf1<mg Spaces 4.50 0.62 22% 78~ 0 0 NA NA Palk&Rldo wl 8"" Service 090 0cc. Spaces 0.62 0.81 26% 72% 0 0 NA NA Llyhl RaK StalJon w/ Pa,tc 093 Parl<lng S1)8ce 2.51 1.24 58% 42% 0 0 NA NA Llahl Rall Stallon w/ Parll 093 Ca:. Soace• 3.91 1.33 58% 42% 0 0 NA NA General Light lncl usltlal 11 0 KSF' 6 .97 097 12% 66% 0 0 NA NA General Liahtlndu>ltlal 11 0 Emotovee:s 3 .02 0.42 21% 711% 0 0 NA NA General Heavy lrldUSlrial 120 ~SF' 1.50 0.68 NA w 0 0 NA NA General Heaw lnclostrial 120 Emcloyees 0.82 0.88 NA w 0 0 NA NA lndushi.al Pairk 130 KSF 1 8.911 0.86 21% 79% 0 0 NA NA lndu,strtat Patil: 130 emp1o,..,. 3M 0.46 20% 80% 0 0 NA NA Manufacturing 1,0 ~Sf' 3.82 0.74 36% 54% 0 0 NA NA Manufadu.......,. 1,0 ·•~vee• 2.1 3 0.36 ..C'il, 58% 0 0 NA NA Warehousing 150 KSF 3.58 0.32 25% 75% 0 0 NA NA warel'lOusina 150 Employees 3.89 0.59 35% 6 5% 0 0 NA NA M1nl w.arenouse 151 KSF' 2.50 0 26 5 1% 411% 0 0 NA NA MUli Warehouse 151 St.rw-Dl1e Unils 0.25 0.02 NA ,., 0 0 NA NA Mill Warehouse 151 e~vees 81.90 8 .04 52% 48% 0 0 NA NA High-Cube-W.l'flhouse 152 KSF' 1.44 0.10 33% 67% 0 0 NA NA Hiah-Cube Warehouse 152 Emoloyoes NA 0.86 35% 65% 0 0 NA NA UllliOS 170 KSF' NA 0.76 45% 55% 0 0 NA NA u,mes 170 Emp1<>1oes NA 0.76 90% 10% 0 0 NA NA s;,.,g10 Family Homes 210 OU 9.57 1.01 83% 37" 2.0 19 2 1 1 Si:nn1e Familv Homes 210 Ve hicles 8.02 0.67 68% 34% 0 0 NA NA Aoartment 220 OU 6 .65 0.62 65% 35'!1 0 0 NA NA Apartment 220 PetSons 3.31 0.40 NA .., 0 0 NA NA APa•menl 220 venl"""' 5.10 0.80 NA N 0 0 NA NA low Rise A partment 22 1 Occ.DU 8 .59 0.58 65% 35% 0 0 NA NA Hfnh Rise Aoartm&nl 222 DU 4.20 0.35 61% 311% 0 0 NA NA Mid-Riso A oartment 223 DU NA 0.39 58% 42"' 0 0 NA NA Re ntal T awnhollSe 224 OU NA 0.72 51% 49% 0 0 NA NA Re.sd . Condo/Townhouse 230 OU S'.81 0.52 87% 33% 0 0 NA NA Reso. Condo/Townhouse 230 Pen:ons 2 .40 0.24 87% 33% 0 0 NA NA Low Rise Resd. Condo 231 DU NA 0 76 56% 42% 0 0 NA NA Hloh Rise ReSd . COlldo 232 OU •.18 0.38 62% 38'!1, D 0 NA NA lu)aJty COJJljofTQWnhouse 233 0<:e.OU NA 0.55 63% 37% 0 0 NA NA Moblftl Home ?ant: 2-40 OU 4.99 0.59 62% 38% 0 0 NA NA Mobtle Home Part 2-4 0 PerSOl'IS 2.46 0.26 63% 37% 0 0 NA NA Retirement Conwmmlty 250 OU NA 0 ,27 58% 44'11, 0 0 NA NA Eldert, Houslno-Oolaclled 251 OU 3,71 0.27 61% 39'11, 0 0 NA NA Cor,gre\l&lo C&,e FaeJlity 253 Occ.OU 2 .15 0.17 58% 44'!0, 0 0 NA NA EJde~y Housing-AUaclled 252 Occ.OU 3.46 0.16 60'11, •0% 0 D NA NA Recreational Homes 260 OU 3.16 0.26 41% 59'11, 0 0 NA NA Resklontlol PUO 270 OU 7.50 0.62 65% 35'11, 0 0 NA NA H<>IOI 310 OCC . Room 8.92 0.70 ,e,. 51'!0, 0 0 NA NA H<> .. 1310 ROQmS 8.17 0.59 53% 47'11, 0 0 NA NA Holol 310 EtTlfllOv .. s 14.34 0.80 5''11, '8% 0 0 NA NA All Sutles Motel 311 Occ.Room 6 .24 0.55 42'11, 58'11, 0 0 NA NA An s ult&-s Hotel 311 Rooms uo 0,40 45% 55% 0 0 NA NA Busin&ss Hotet 312 OCc .Room 7.27 0.62 60'4 40% 0 0 NA NA &srness Ha1e1 312 Emo,o~ees 72.6 7 7 ,60 60% '0% 0 0 NA NA Molel 320 OCC .Room 9,11 0 ,58 53% 47% 0 0 NA NA Motel 320 Rooms 5.63 0,47 5'% 46% 0 0 NA NA Motel 320 EmplOyees 12.81 0.73 5'% 45% 0 0 NA NA Res.on Hotel 330 Co:. Room 13.43 0.49 43% 57% 0 0 NA NA Resort Hotel 330 Rooms NA 0-42 43% 57"' 0 0 NA NA CitYPafi<411 PldnlcSiles: U7 NA NA NA 0 NA NA NA COunlY Park 412 Acres 2.28 0.08 41% S9% 0 0 NA NA Slate Parle • 13 Pic,,lcSites 9 .95 0.85 43% 57% 0 0 NA NA Slat• Parl< • 13 Em,:,lov .. , NA .... 87 43% 51% 0 0 NA NA water Slkle Pa~ 414 Patkinll Space 2.27 NA NA -0 NA NA NA Beach Park -415 Arns 211 .81 1.30 29% 71% 0 0 NA NA Campground/RV Park 416 Aeres 74.38 0.39 NA N~ 0 0 NA NA Reolr;mal Park it 17 Picnic Shos 61 .82 9.60 41% 59% 0 0 NA NA R4!1<llOnaJ Park 4 t 7 Employees 79.77 10.26 45,i. S5% 0 0 NA NA Nationa l Monumenl 418 EmpkJyees 31.0S 5.58 NA -0 0 NA NA Marina 420 Bert h-5 2.91! 0 ,19 60% 40% 0 0 NA NA Golf Course ,430 Emplovees 20.52 1.46 48% 52% 0 0 NA NA G<Mf Cou,so ,t.30 Ho<es l!S ,74 2.78 '5% 55'!1 0 0 NA NA Mtnature Go" Course 43i Hole• NA 0.33 33% 67'!1 0 0 NA NA Golf Onvtnn Ranoo 432 Tees N A 1.25 45% 55% 0 0 NA NA MultlpuJPOse Rec FacHy 435 Acrlls 90.38 5.77 NA NA 0 0 NA NA Uve Theater441 SealS NA 0 .02 50% 50% 0 0 NA NA Movie11n!at(lrwlOmatJnrte .U3 KSF 78,06 6 .16 94% 8% 0 0 NA NA Movie Theale rwlo matlnae 4-43 Mo'<lie Sctton.s 220.00 2,.00 .,,. S9% 0 0 NA NA Mo¥le Thea!er w!o malinee 4-43 Seals 1.78 0.07 75'1<, 25',. 0 0 NA NA Movie Theater wfo mallnet 443 c,11111oyees 53 ,12 ,.20 NA -0 0 NA NA Movie Theate, w/ maunee «.4 ICSF 1 NA 3.60 &A% 36% 0 0 NA NA Movie Theater wJ matinee «.-4 Movie Screens 153.33 20.22 ,o,i. 60% 0 0 NA NA Movie Theater w/ rnatlnee +4-4 Seats NA 0.14 53'4 47% 0 0 NA NA Horse Traek 452 EmPlo<teU5 2 .60 NA 50% 50% 0 NA NA NA DOOTrsCk .. s, Attencees 1,09 0.13 66% 34% 0 0 NA NA Arena 460 Emplo~ees 10.00 NA 50% 50% 0 NA NA NA Ice Ft in.1t 465 SeaLS 1.28 0,12 NA ~ 0 0 NA NA CasinoNldeo Loltery EstabHshment 4 73 KSF' NA 13.43 58% .. ,. 0 0 NA NA Amusement Part 480 Employee, B.33 a.so 61% 39% 0 0 NA NA Zoo48t """'' 11 4.66 NA 50% 50% 0 NA NA NA Zoo 481 Employees 23.93 NA 50'4 50% 0 NA NA NA Tennb Courts 490 Couru 31.04 3.88 NA N• 0 0 NA NA Tf!lnniS Coutts •90 EmplOy,,es 66,07 5,67 NA NA 0 0 NA NA Raoquet Cl.lb 491 Court< 38 ,70 3.35 NA NA D 0 NA NA Racquel Club ◄91 K5F° 14 .03 1.06 NA NA D 0 NA NA Racquel Cl<Jb 491 Emp!O, .. s 45 .71 ,.as NA "' 0 0 NA NA HHlth CluD 492 KSF' 32 .83 3.53 57% 43% 0 0 NA NA 80.,ing Al oy <94 ll::SF 1 33.33 3.5-4 35% 6S% 0 0 NA NA Recn:.atiorlar corn. cen1e, ,95 KSF' 22.88 HS 37% 63'll 0 0 NA NA Recreationa l Com _ Cenle r -4D5 EmplOy-.a 27.25 3.16 ..... 56'11, D 0 NA NA Millary Base 501 Emp1<>y ... 1.78 0.39 NA ~ 0 0 NA NA Ele rneota,v School 520 Students 1.29 0,15 49% 51% 0 0 NA NA Elementary S<:hoo l 520 KSF 2 15.43 1.21 45% Wl\ 0 D w NA Elementary School 520 EmplOyoes 15.71 1.81 49 % 51% 0 0 NA NA Pnvaie S<hool <K-12) 538 Studerus 2.48 0.17 43 % 57% 0 0 NA NA M<l<lle/ JR. Hiah Sd>OOI 522 Students 1.82 0.18 49 % 51% 0 D NA NA Ml(!Olel JR. High senool 522 KSF' 13.78 1.19 52% ,a., 0 0 NA NA Hloh School 530 Stooents 1.71 0.13 ,1,. 53'1\ 0 0 NA NA H!gb School 530 KSF' 12.89 0 .97 54'1\ '6% 0 0 NA NA Hloh School 530 EmplOy.,,. 18.74 1.55 54 '1\ '6% 0 0 NA NA Ju nie,/ Comm. Colfege 540 Studenls 1.20 0.12 64% 38'1\ 0 0 NA NA Jimlorl Comm , College 5-40 KSF' 27 .48 2.54 58'11 42% 0 0 NA NA Junior/ Comm . College 5-40 ErnpJoyoos 15 .55 1.39 SS'l\ ,2 ... 0 0 NA NA Univen;itv,Colteae 550 SU2chtfl t! 2 .38 D.21 30'l\ 70'l\ 0 0 NA NA UniversityfColleqe: 550 Employees 8 .13 0.88 29% 71% 0 0 NA NA Chu!CII 550 KSF ' 8.11 0.55 48% S2% 0 0 NA NA Synagogue 561 KSF 10.84 1.68 •N 53 % 0 0 NA NA D.ayeara Cente, 585 KSF 79.28 12 .'6 47 % 53'11 0 0 NA NA D.avca.re-Ce-nte r 585 S1udents ,.,e 0.82 47% 53% 0 0 NA NA Dave.are Centor 565 Emplo~ees 28 ,13 4.79 47% 53% 0 0 NA NA ceme1orv 566 Emo¼011ees 58 .08 7.00 33% 67% 0 0 NA NA Priso n 571 KSf" NA 2,91 NA N.O 0 0 NA NA PriSOo571 Emolovees NA 0.23 28'1\ 1~ D 0 NA NA Ut>rary 590 KSF' 56.2A 7.30 46% 52'11 D 0 NA NA Ubrarv 590 EmploVAP-"i: 52.52 5.40 47'1\ 53% 0 0 NA NA loel<lelFratemaJ OmeniZalion 591 Members 0.29 0.03 NA N,O 0 0 NA NA LOdae/Ff;Jtern,Ed Oi'QanlZatiOn 591 Emp}o~ees '6.90 4.05 N.O "' 0 0 NA NA Hospital 610 KSF 18,50 1.14 42% 58% 0 0 NA NA HosPi lO l 610 Beds 11.lll 1.31 38 '1\ 64 '1\ 0 0 NA NA Hospjlal 61 o Emotti vees 5.20 0.33 31% 68% 0 0 NA NA Nursing Home 820 Beds 2.37 0.22 33% 67', 0 0 NA NA Nursing Home 820 Emo.,,ees 4 .03 NA 26'M. 74'1\ 0 NA NA NA Clinic 630 KSF' 31.45 5 .18 NA NA 0 0 NA NA ClittlC 630 ,.,.,.,., ... , 7 .75 1.23 41% 59"" 0 0 NA NA General Office 7iO(Eq-.,) KSF ' Equation Equation 17% 63% 0 0 NA NA Gi,neral Office. 710 KSF1 11 ,01 1.-'9 H'M, 63% 0 D NA NA Corpo rate Headqulirters 714 KSF ' 7.08 1 .40 10% 90'1\ 0 0 NA NA Co,p,ora te He.a'ifquartet'!-11, Emp!O,ee-s 7,98 uo 10% 90% 0 0 NA NA Single Tenaril Office Bklg 715 KSF' 1L57 1.72 15'!1 85'1 0 0 NA "" Slr,ole Tenant Offlee Bldg 715 Em<IIDvees 3.02 0.50 15% 85% D 0 NA NA Me<l ical Oen lat Office 720 KSF' 36.13 3.48 27 % 73% 0 0 NA NA Mtldlclll Dental OfficO 720 Employees 8.91 1.06 34% 86% 0 0 NA NA Governmen t Office Building 13D KSF ' 86.9l 1.2 1 31'll, 69% 0 0 NA NA Gowmmenl Office Su ik1lng 73,0 Employ .... 11 ,95 un 74 % 26% 0 0 NA NA Sfste Motor Veh k::les Dept 731 KSF' 186.02 17.09 NA N A D 0 NA NA St Ole Motor VePlld<!s Dept. 731 Emplo yee.s 4'.54 4 ,58 NA -0 0 NA NA US Post Office 732 KSF ' 108.19 11.12 5 1% 49% 0 Q NA NA US PoS10111Ce 73;? Employees 28.32 2.8-< 51 % 49% 0 0 NA NA Gov. Offiee Cornple, 733 KSF' 27.92 2.85 3 1% 69'J! 0 0 NA NA Gov. Office Comt)le, 733 Emnirn,ee5 7.75 0.79 31% 89% 0 0 NA NA R&O CeotBr 760 KSF' 8.1'1 1.07 15% 85% 0 0 NA NA R&D Oentef 760 ~mnlo)'ees 2.77 0.41 10% 90% 0 0 NA NA Sui t! illQ Malerie l:5/Lumber 812 KS r' 45 .18 4.49 H % 53% 0 0 NA NA Build ing M:a1eria ls/Lumber 812 Emp,o ye os 3;?12 2-77 51 % 49% 0 0 NA NA F"'e-Slandlng 0 15ooun1 Superston, 813 KSF' 53 .13 4.61 49'1. 51% 0 0 NA NA Free~Stand ~g Discount Store 8 15 KS F' 57.24 5.00 S()'II, 50% 0 0 NA NA FtH•Slall<llna OiSeoum store 815 Employees 28 .84 3.48 50 % 50% 0 0 NA NA Hantware/P.a In! Sto re 816 KSF 2 51.29 ,.s-< 47 '11 53'11 0 0 NA NA HArd'wareJF'a bll store 818 ,r ~-es 53.2 1 5.05 N A NA 0 0 NA NA NUtSOI\' (Gomoo CenlO!) 811 KSF ' 36 .08 J.8 0 NA NA 0 0 NA NA NuraefY (Garden Center) 8 17 Employe es 22 ,13 1.99 NA NA 0 0 NA NA NutSO,Y ('Mlclosa") 818 KSF ' 39,00 5.17 NA NA 0 0 NA NA Nursery l'\l\lholesale) 818 EmoJo~ees 23.40 0.47 NA NA 0 0 NA NA Sll<>pplng CM!ar 820 (Equation) KSF Equation Equation 49'11 51'11 0 0 NA NA Sho ppfng Cenl er 520 Ra\e KSF ' 42 .94 3.37 49'N, 51 % 0 0 NA NA FactOf)t o uuet Ceinler 823 KSf ' 26 .59 2.2.9 47 'N, 53% 0 0 NA NA a ue.r11ty Resuniranl 931 KSF 89 .95 7.49 6Tll, 33% 0 0 NA NA Que lJly Reslai..rant 93 1 Sest-s :ue 0.26 67 '11 33'N, Q Q NA NA H fg h T urnover/SIi Down Rut 932 KS F' 127 .15 1 1.1 5 59% 41% 0 0 NA NA Hig h Tumover/Sit Down Rest 932 se ats 4.83 0.4 1 57 '11 43'N, 0 0 NA NA Fasl FoO<I wfo Drive Thru 0.33 KS F' 716.00 26.15 51 % 49% 0 0 NA NA FaSI FoOd w/o Drive Th N 933 seats ~2.12 2.13 84 % 36% 0 0 NA NA FOSI Fooo w/ Olive n,n, 934 KSF' 496,12 33.46 52% -Ill% 0 0 NA NA Fest FoOd wl Orive Thn.i 93 4 Seals 19 ,52 0.94 ~% 47% Q 0 NA NA Drive T1m1 Only 935 KSF ' NA 153 .85 54 % 48% 0 0 NA NA Cooking Placo 925 KSF ' NA 11.34 66 % 3'% 0 0 NA NA Quk.A. Lube Shop 94 1 se ,v;ce ea.-40.00 5.19 55 '11 45% 0 Q NA NA Automob(le Care Ce nter ~2 Service Bays 12,48 2.17 NA .... 0 0 NA NA Auto mobile Cati!! Ce ntM 9-42 KS F2 15.88 3.38 SO % SO% 0 0 NA NA N ew Caf Sales 841 KSF ' 33.34 2.59 39 % 61% 0 D NA NA New CarSale5 8-4 1 Employe es 211' 0.96 48% 52" Q 0 NA NA Aulomobllo Patts Sales 84 3 KSF2 61.91 5,98 49% 51 % 0 D NA NA Gasolftle /Service StetJo n 94' Fue l. PoSitlo n 168 .SO t 3.87 50 % 50% 0 0 NA NA Serv.Stallo n wl COn ven .Mkt 945 Fue l PoSitio n 1112.78 13.38 50% 50% 0 0 NA NA Serv.Stat.w/Conv.Mld.&CltlWaSh 9'-6 Fue l P0Sitio11 152.8-< 13.94 51 '11 49% 0 0 NA NA Sel f-Service Carw ash 947 Slalls 108.00 5.54 51 % 49% 0 0 NA NA Tire Store 848 r ... s,om 11<1e Wloktsate TR Sto,e 849 Supermancet 8S0 convenien. ,,,.._ (Open 24 nr,:J 851 convenlen. Mk1 . (Open 18 Hrs) 852 Convenien. Mkl w/ Gas Pumps 853 Discount Supemwti:et 8S4 IM>ole>sle M•rl<el 8eo O!soount Ch.Jb 857 Home 1mpro1R1meru S1ore 862 Eleotron;e,; Suporst01$ 663 Toy/Children's Supemore 884 Apparel Store 878 Orug:slote w,o Orive-Th,u 880 Drugslore w/ Drive-Thru 881 Furniture S!ore 890 Vid"oo Arcade 89 5 VldM R&fltiil sto~ 8.98 Walk-in Bank 911 Otive-ln Ban~ 912 Orive~in Bsrtk 912 SeMC&Bay$ KSF ' SeNice Bays KSF' KSF 1 KSF1 KSf' KSF1 KSF 1 KSf 1 l(SF'1 KSF ' KSF ' KSF2 K.SF1 KSF' KS F1 KSF' KSF' KSF Dfiw.in Wodows KSF 1 NA : Not Ava il able OU : Dwell ing Unit NA 3.54 24 ,87 4,15 30 ,55 3.17 102.24 10.SO 737.99 52.41 NA S4 ,57 845.60 59.89 98.82 8.90 8,73 o.aa 41,80 4.24 29 .80 2.37 45.04 4 .50 NA 4.99 66.40 3,83 90.08 8,42 88 .18 10.35 5,08 0.45 NA B6 .81 NA 31.54 158.-43 12.12 139.25 21 .•1 148,15 25.82 42% 58% D D NA NA 43% 57% 0 0 NA NA 47S!. 53 .. D 0 NA NA 51% 49% 0 0 NA NA 51% 49% 0 0 NA NI\ 49% 51% 0 0 NA NA 50% 50% 0 0 NA NA 50% 50% 0 0 NA NA 53% 47'4 0 0 NA NA 50% 50% 0 0 NA NA 48% 52% 0 0 NA NA 49% 51% 0 0 NA NA 50% 50% 0 0 NA NA 50% 50% 0 0 NA NA 50% 50% 0 0 NA NA 50% 50% 0 0 N~ NA 48'11, 52% 0 0 NI\ NA 52% 48% 0 0 NI\ NA 50% 50% 0 0 NA NA 44'11, 56% 0 0 NA NA 49'11, 51% 0 0 NA NA 50% 50% 0 0 NA NA KSF 2' Uni ts of 1,0 00 squa re feel Fuel Position : # of vehicl es th at could be fu eled sim ulta neously 3308 Gulf Beach Highway | Pensacola, Florida 32507 | 850.453.4700 | craig@wetlandsciences.com August 14, 2020 David E Diehl, PLS S.E. Civil 880 Holcomb Blvd, Unit 2‐F Fairhope AL 36532 Re: Wetland Assessment Report 39.91 Acres Lawrence Road, Baldwin County, Al WSI Project 2020‐382 Dear Mr. Diehl, As requested, Wetland Sciences, Inc. has completed a field wetland assessment on Lawrence Road, Baldwin County, Alabama. The parcel is identified by the Baldwin County Property Appraiser with the following parcel ID: 05‐46‐06‐13‐0‐000‐004.000. The assessment included an analysis of plant communities, soils, and indirect hydrologic indicators. During this determination, Wetland Sciences, did identify wetlands which fall within the regulatory jurisdiction of the US Army Corps of Engineers (Corps) under 33 CFR 320‐330. The assessment was completed by a thorough pedestrian survey covering 100% of the subject property. I personally inspected the property on August 12, 2020. Prior to the on‐site inspection of property available site specific data was collected and reviewed including Natural Resource Conservation Service (NRCS) Soil Survey, US Fish and Wildlife Service National Wetland Inventory Data, US Geological Survey Topographic Map, and aerial photographs. These resources were used to aide in the preliminary identification of wetland resources within the subject property. Soil test holes were evaluated in an attempt to identify field indications of hydric soils. WSI utilized the hydric soil definition provided by the National Technical Committee for Hydric Soils and criteria to determine whether soils within the site are considered hydric. It was determined during the desktop review that the property contained hydric soils. Hydric soils must be identified by verifying the presence of one of more of the hydric soil indicators. During our field inspection of the property, we identified several hydric soil indicators at this location including dark surface, sandy redox, and thin muck surface. In addition, secondary indicators of hydrology were noted included the presence of crayfish burrows, drainage patterns, and plant morphological adaptations. Hydric soil indicators along with an assessment of the plant community structure was used to formulate the delineated wetland boundary line. The wetland boundaries exhibited on the attached sketch were delineated in accordance with the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Federal – Corps). The wetland boundary was identified in the field by progressively locating points along the upland/wetland boundary at 10‐15‐ft. intervals or corresponding with directional changes with the boundary. Each point was identified and located by an experienced wetland scientist. Pink flags were placed at each point clearly marked “Wetland Delineation”. The upland/wetland boundary line was located using a Trimble Geo7X Global Navigation Satellite System (GNSS). The GNSS data is WET~ND S ((_~ 7T". r~ ll'lf" ct__:, Pr ', S INCORPORATED 3308 Gulf Beach Highway | Pensacola, Florida 32507 | 850.453.4700 | craig@wetlandsciences.com depicted on a property boundary sketch obtained from Property Appraiser GIS data. This sketch is appended to this report. The sketch is not a survey and should be considered approximate unless verified by a survey or other appropriate means. Please be advised that various development activities within the jurisdictional wetlands, such as filling, mechanical land‐clearing, and construction of some piling supported structures require permitting from the United States Army Corps of Engineers and the Alabama Department of Environmental Management. If you have any questions, please do not hesitate to contact me at (850) 453‐4700. Respectfully, WETLAND SCIENCES, INC. Craig Martin Sr. Scientist August 18, 2020 Buford King City of Fairhope Planning & Zoning PO Box 429 Fairhope, AL 36533 251-928-8003 RE: Lawrence Road Subdivision Fire Hydrant Waiver Request Dear Buford: Please accept this letter as a request for a Waiver from the Fairhope Subdivision Regulations in regards to Fire Hydrants for the above referenced development. The existing fire hydrant is at the intersection of Lawrence Road and Gayfer Road extension, and fire flow data has been provided in a separate letter. Since this division is simply to create 2 large parcels, we feel that the fire hydrant spacing requirement is not applicable to this type of division. Any further subdivision of these parcels should trigger a need for this requirement. We appreciate your consideration in helping us make this development a success. If you have any questions, please do not hesitate to contact me. Sincerely, David E Diehl, PLS Partner August 18, 2020 Buford King City of Fairhope Planning & Zoning PO Box 429 Fairhope, AL 36533 251-928-8003 RE: Lawrence Road Subdivision Sidewalk Waiver Request Dear Buford: Please accept this letter as a request for a Waiver from the Fairhope Subdivision Regulations in regards to sidewalk requirements on the above referenced development. Lawrence Road is a rural County Road and no sidewalks have been installed to date on the other large parcels in the vicinity. We have over 1300 feet of road frontage for two lots, and feel a sidewalk is not needed at this time. We appreciate your consideration in helping us make this development a success. If you have any questions, please do not hesitate to contact me. Sincerely, David E Diehl, PLS Partner MINOR SUBDIVISION CHECKLIST 1 Last updated: 7/29/2020 Date of review: August 11, 2020 Date of follow-up review: August 25, 2020 Project: SD 20.39 Lawrence Road Subdivision The following review checklist is derived from various components of the City of Fairhope Zoning Ordinance, City of Fairhope Subdivision Regulations, and/or staff recommendations. Additional comments may be depicted on “marked-up” plans. Level of acceptance is indicated with an “x” in the checkboxes below. Missing or outstanding items, or items requiring revision and resubmission are further described in the comments section of each item. All comments are indicated in bold italic text. Items requiring revision and resubmission, or requests for follow up information are indicated in red bold italic text. Preliminary Plat Submission Requirements for Minor Subdivisions Article IV, Section C.1. Two (2) copies of the preliminary plat and two copies of all plans shall be submitted initially for staff review. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section C.1. Following staff review and comments, formal submission of the preliminary plat shall include eighteen (8) copies of the preliminary plat and one (1) copy of all plans. ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Cross Reference: Article IV, Section C.1.b.(20) Digital copy of all plans in Adobe PDF format Comments: Staff requests 8 copies of the revised preliminary plat on 11x17 paper and 1 copy of any revised plans on 24x36 paper reflecting all amendments and revisions required by this review process. Article IV, Section C.1. Preliminary Plat Application Checklist ☐N/A ☐Accepted ☒Revise and Resubmit per comments Comments: Not furnished Provided as requested. Article IV, Section C.1. Application for Subdivision Plat Approval ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section C.1. Certificate of County Zoning (IF APPLICABLE) ☒N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section C.1. Memorandum of Transmittal for Extra-Territorial Development (IF APPLICABLE) ☐N/A ☐Accepted ☒Revise and Resubmit per comments Comments: Not furnished. Provided as requested. Article IV, Section C.1. Certification of Property Owner Notification List ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: I I I I I I I I I I I I I I MINOR SUBDIVISION CHECKLIST 2 Last updated: 7/29/2020 Article IV, Section C.1.b.(1) Vicinity map at a scale not less than 1: 9600 ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments Article IV, Section C.1.b.(2) Name and location of the proposed subdivision and names and location of any adjacent subdivisions. The name of the proposed subdivision shall not duplicate or closely approximate the name of any other subdivision covered by these regulations. The Commission shall have the final authority to designate the name of the subdivision. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section C.1.b.(3) Names and addresses of the following: • owner • designer • applicant • all associated investors • record owners of lands immediately adjacent to subdivision. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section C.1.b.(4) North point, linear and graphic scales, and date. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section C.1.b.(5) Contour map at two-foot interval. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section C.1.b.(6) Blocks and lots with dimensions and bearings for all lot lines and boundaries. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section C.1.b.(7) Building set back lines shall be shown on the plat as required by the zoning ordinance or in absence of zoning, as required by deed restrictions. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: I I I I I I I I I I I I I I MINOR SUBDIVISION CHECKLIST 3 Last updated: 7/29/2020 Article IV, Section C.1.b.(8) Plan and profiles of all proposed utilities with connections (8) Plan and profiles of all proposed utility with connections to existing utility system and all proposed improvements. Approval of private utility connections for water and sewer shall be subject to the 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 applicant shall submit one copy of utility letters stating availability of service. Utility letters and layout must be submitted from electric, water, sewer, phone, trash provider, and gas (if applicable), stating the property may be adequately served by such utility. ☐N/A ☐Accepted ☒Revise and Resubmit per comments Cross Reference: Approval of private utility connections for water and sewer shall be subject to the 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. Commentary: Minor subdivisions will generally not require plans and profiles of utilities because infrastructure is not installed with minor subdivisions. Utility availability letters are required for minor subdivisions. Comments: Utility availability letters not furnished. Please contact Penny Hale at (251) 928-8003 to obtain utility availability letters from Fairhope Public Utilities. Plans and profiles of fire hydrants required for this subdivision were not furnished. Plans and profiles of sewer mains to be installed to service the subdivision not furnished – it is assumed by virtue of the Baldwin County Health Department signature block that septic tanks in lieu of sanitary are requested for this subdivision – please verify via follow-up correspondence. Provided as requested. Septic installation verified. Article IV, Section C.1.b.(9) Location/dimensions of lands to be dedicated or reserved for parks, open space or other public use ☒N/A ☐Accepted ☐Revise and Resubmit per comments Commentary: This item is generally not required for minor subdivisions unless the minor subdivision affects or modifies an area containing existing commons areas or greenspace. Comments: Article IV, Section C.1.b.(10) The existing or proposed zoning classification of the subdivision and all contiguous lands. Where there is no zoning in effect, the proposed use of the lots shall be shown on the plat. ☐N/A ☐Accepted ☒Revise and Resubmit per comments Comments: Please indicate the proposed use on the plat as required by this section. The follow-up correspondence letter indicates the proposed use has been noted on the plat, however the use is in fact not noted on the plat. Please indicate the proposed use on the plat prior to recording as a condition of approval if it is the pleasure of the Planning Commission to approve the minor subdivision. Article IV, Section C.1.b.(11) Flow model data submitted to the standards of the COF Water Department. ☐N/A ☐Accepted ☒Revise and Resubmit per comments Comments: Not furnished. The follow-up correspondence letter indicates the flow model is in progress but is not yet complete. If it is the pleasure of the Planning Commission to approve the minor subdivision the flow model must be submitted and approved by Fairhope Public Utilities prior to signing the plat. I I I I I I I I MINOR SUBDIVISION CHECKLIST 4 Last updated: 7/29/2020 Article IV, Section C.1.b.(12) Street lighting plan ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Commentary: Because minor subdivisions do not include the installation of infrastructure such as streets, this section is generally not required unless some existing condition is affected by the minor subdivision. Comments: This review assumes no infrastructure (other than sidewalks and fire hydrants) will be installed related to this subdivision for which street lighting is required. Article IV, Section C.1.b.(13) and Article V, Section D.5.a.(9) Tree protection plan for all required street trees or trees over 20” DBH. Tree protection fences shall be installed prior to land disturbance activities. (See Appendix G) ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Cross Reference: Ordinance number 1444, Tree Ordinance This section is generally not applicable to minor subdivisions because no infrastructure is installed in the development of a minor subdivision that might require tree removal. It is possible tree protection may need to be addressed if affected by a minor subdivision and this section serves as a placeholder for use with a minor subdivision if needed. Comments: This review assumes no development activities (above and beyond sidewalks and fire hydrants) will occur for which a tree protection plan is required. The applicant is advised that subject property is located within the Tree Ordinance Jurisdiction and any future re-subdivision for development may trigger requirements of Ordinance 1444, Tree Ordinance. Article IV, Section C.1.b.(14) Minimum finished floor elevations for every lot. ☐N/A ☐Accepted ☒Revise and Resubmit per comments Comments: Not furnished. Noted on the plat as requested. Article IV, Section C.1.b.(15) Submit a topographic survey with an aerial photograph with plat overlay. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section C.1.b.(16) Pedestrian circulation plan ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Comments: The sidewalks to be installed along Lawrence road will sufficiently fulfill this requirement. Article IV, Section C.1.b.(17) Site data box including but not limited to: • Total acreage of site • Acreage of common area(s) o Greenspace requirements as amended by resolution 2019-01 effective February 4, 2019 • Total number of lots (see comment below) • Square footage of each lot • Site Density • Number of units proposed ☐N/A ☒Accepted ☐Revise and Resubmit per comments Cross Reference: Article V, Section C.2. Greenspace requirements as amended. Commentary: If the unit count includes more than 30 dwelling units, a second entrance may be required to comply with the International Fire Code. The acreage of common areas and greenspace are generally not triggered by a minor subdivision; however, those items are included here as place holders should a minor I I I I I I I I I I I I MINOR SUBDIVISION CHECKLIST 5 Last updated: 7/29/2020 subdivision involve an existing property where those existing features must be addressed if they are modified by the minor subdivision. Comments: Article IV, Section C.1.b.(18) Applicants shall provide site data and all applicable permits relative to items such as soils, wetlands, flooding, drainage, natural features and potential archeological features. ☐N/A ☐Accepted ☒Revise and Resubmit per comments Comments: Please include a copy of the wetland delineation report with follow-up correspondence. Provided as requested. Article IV, Section C.1.b.(19) Maximum drawing size and scale shall be limited to 24"x 36” and 1:100, respectively ☐N/A ☒Accepted ☐Revise and Resubmit per comments Cross Reference: See Article IV, Section C.1. for staff request regarding eighteen (8) copies of drawings in 11x17 format following initial staff review. Comments: Article IV, Section C.1.b.(20) Digital copy of all plans in Adobe PDF format ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Comments: Staff requests the digital copy of all plans be in Adobe PDF format supplied on a compact disc or made available via download. Article IV, Section 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: 1"=50' horizontal and 1"=5' vertical, or 1"=100' horizontal and 1"=10' vertical ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Commentary: Minor subdivisions generally do not contain streets to be dedicated to the City or County. Comments: No new streets are proposed for this subdivision. 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 portion of the land in the proposed subdivision subject to periodic inundation by storm drainage, overflow or ponding shall be clearly identified on the plat. Lands lying within the flood plain, V or A Zones, shall be clearly identified on the plat. Storm-water detention facilities shall be shown in the plans and calculations provided. ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Cross Reference: Article V, Section F.7.a. Generally, not required for minor subdivisions. I I I I I I I I I I MINOR SUBDIVISION CHECKLIST 6 Last updated: 7/29/2020 Comments: This review assumes the intensity of development does not trigger the requirement for a stormwater design as contemplated by Article V, Section F.7.a. For the applicant’s information the Planning Commission may require a stormwater design. Article IV, Section C.1.e. Engineering Plans: all engineering plans shall be signed and stamped by the registered professional engineer of record. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section C.1.f. Phased development: where a phased development is proposed, the preliminary plat shall include all phase lines and a master plan showing the continuity of development proposed for the entire project. Each phase shall satisfy the requirements of these regulations individually. ☒N/A ☐Accepted ☐Revise and Resubmit per comments Comments: 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 Plan, with the written approval of the responsible official of the Alabama Highway Department, showing all existing features within the rights-of-way and all proposed changes, including, but not limited to, changes in traffic patterns, markings, signs, curbs and barriers, neutral zones, signals, warnings, plantings and landscaping. There shall be submitted with and as a part of the Plan a written statement setting forth means proposed for traffic control and safety during construction and for restoration of the site. All of the foregoing shall also apply to rights-of-way controlled by the County, except that the County Engineer's approval shall appear on the Plat to be reviewed by the Planning Commission. ☐N/A ☐Accepted ☒Revise and Resubmit per comments Commentary: Minor subdivisions generally do not trigger traffic studies or highway improvement plans. Because the EOR will provide correspondence describing why a traffic study is not needed, submission of a letter in lieu of a traffic study has not generally been treated as a waiver because the engineer’s letter contains data that satisfies the traffic study requirement Comments: A licensed professional engineer did not provide a highway improvements plan, or provide a letter stamped by a licensed professional engineer indicating a highway improvements plan is not required due to the trip generation of the site. Provided as requested. Article IV, Section C.1.h. Traffic Data and Traffic Study: Applications shall include trip generation data showing the projected average daily traffic (ADT) in a 24-hour period and projected peak-hour traffic generated by the development in the subdivision application. ☐N/A ☐Accepted ☒Revise and Resubmit per comments Commentary: Minor subdivisions generally do not trigger traffic studies or highway improvement plans. Because the EOR will provide correspondence describing why a traffic study is not needed, this has not been treated as a waiver because the engineer’s letter contains data that satisfies the traffic study requirement. If it is believed a traffic study is needed, or required by the Planning Commission, reference the full requirements of Article IV, Section C.1.h. in the subdivision regulations. Comments: A licensed professional engineer did not provide a traffic study, or a letter stamped by a licensed professional engineer indicating a traffic study is not required. Provided as requested. Article IV, Section C.1.i. List of Names and addresses of all persons to whom notice of a public hearing shall be sent, and the names and addresses of all owners of land immediately adjoining the proposed subdivision as I I I I I I I I MINOR SUBDIVISION CHECKLIST 7 Last updated: 7/29/2020 their names appear upon the plats in the county tax assessor’s office, which will be certified or otherwise verified by the County, on the tax records of the County. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Cross Reference: Article IV, Section C.1. Certification of Property Owner Notification List Comments: Article IV, Section C.1.j. The applicant shall post on any specific property, which is the subject of the application, on a sign facing each adjacent public street. The sign shall be furnished by the City at the time of application giving notice of the hearing. The sign shall be posted no later than 15 days prior to the hearing before the Planning Commission. It is the sole responsibility of the applicant to post the sign in accordance with these regulations. Failure to post this sign may result in nullification of the subdivision application and approval. ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Comments: Currently this signage is furnished and installed by COF staff. Article IV, Section C.1.k. County Engineer Correspondence In the case of applications for a preliminary plat outside the City limits but within the jurisdiction of these regulations, the applicant shall be required to submit evidence in writing that plans for the subdivision shall have been received by the County Engineer for his/her review. ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Cross Reference: Article V, Section A. When lands proposed to be subdivided lie outside the corporate limits of the City, the minimum design standards of Baldwin County shall apply when such standards are more restrictive than those of the City. All approvals of the Commission shall be subject to the more restrictive requirements of Baldwin County and the approval of the County Engineer shall be a condition precedent to approval for construction of improvements. Comments: Memorandum of Transmittal signed by Baldwin County Subdivision Coordinator Mary Booth was included with the application. Article IV, Section C.1.l. Payment of filing fee as specified in the City’s most recent schedule of fees. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section C.2. Staff Review 2. Staff review – Applicants for a preliminary plat shall first submit the preliminary plat and plans to the Planning Director and/or his/her authorized agent for staffs review. The Director shall determine if the submittals meet all of the requirements of Section C.1., above. Incomplete, partial, or inaccurate submittals will not be accepted, but will be returned to applicant for re-submission for a later hearing. Staff shall review the application and provide comments to the applicant. Following staff review and comments the applicant shall submit revised drawings for review by staff and the Planning Commission. The revised plans submitted shall reflect staff’s initial review comments. ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Comments: For the applicant’s information. Staff has the authority under this provision to withhold from the Planning Commission agenda incomplete applications. I I I I I I I I I I MINOR SUBDIVISION CHECKLIST 8 Last updated: 7/29/2020 Article IV, Section C.5. Pre-Construction Conference 5. Pre-construction Conference – An onsite pre-construction conference with City representatives is required prior to initiation of any land disturbance activities. Construction of said improvements shall in no way obligate the Commission to grant Final Approval of the Plat, nor shall it obligate the City Council to accept such improvements for public maintenance. No owner or developer shall proceed with any site work under authority of preliminary plat approval until the completion of the preconstruction conference. ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Commentary: This item is generally not required for minor subdivisions but may be required by staff if some type of construction or utility installation activity is required to accomplish a minor subdivision that does not rise to the level of a major subdivision. Comments: For the applicants’ information staff may require a pre-construction conference. Article V, Section E.3.a. Lot Standards – Lot Access a. Except 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. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Commentary: Many minor subdivisions are not located in traditional lot and block subdivision. If a double- frontage lot is requested, a wavier may be required or a condition of approval included in the staff report to memorialize that the requested double frontage lot is not within a traditional lot and block subdivision. Comments: Final Plat Submission Requirements for Minor Subdivisions Article IV, Section.D.1 Final Plat Application Checklist ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section.D.1.b.(1) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (1) Location of all blocks and lots with numbers in final numerical order. ☒N/A ☐Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section.D.1.b.(2) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (2) Sufficient data to determine and reproduce on the ground the location, bearing, and length of every road line, block line, boundary line, building line shown to nearest 1/100 foot and bearings in the nearest 15 seconds. Includes radius of arc, central angle, length of tangent and length of curve for the centerline of roads and streets and for all property lines. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section.D.1.b.(6) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (6) Location and descriptions of monuments at block corners and iron pins at lot corners. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: I I I I I I I I I I I I MINOR SUBDIVISION CHECKLIST 9 Last updated: 7/29/2020 Article IV, Section.D.1.b.(8) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (8) Owner and Lien-Holders Certificates of Dedications for Streets or other public use. ☒N/A ☐Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section.D.1.b.(10) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (10) Certificate for Planning Commission Approval. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section.D.1.b.(11) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (11) Surveyor’s Certificate on Plat, Engineer’s Seal and Certificate on Plans. ☒N/A ☐Accepted ☐Revise and Resubmit per comments Commentary: In most cases the engineer’s seal is not required for a minor subdivision and the surveyor’s seal is the only seal needed applied on the plat. Comments: Article IV, Section.D.1.b.(12) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (12) Provision for Recording Certificate. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments Article IV, Section.D.1.b.(13) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (13) Signature blocks for all utility providers. ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Comments: A City of Fairhope Natural Gas main is not in place in the vicinity of the proposed subdivision. Please note the attached comments provided by the Gas Department. Article IV, Section.D.1.b.(14) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (14) Certificate for County Engineer’s approval for extra-territorial plats. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Cross Reference: Article V, Section A. When lands proposed to be subdivided lie outside the corporate limits of the City, the minimum design standards of Baldwin County shall apply when such standards are more restrictive than those of the City. All approvals of the Commission shall be subject to the more restrictive requirements of Baldwin County and the approval of the County Engineer shall be a condition precedent to approval for construction of improvements. Comments: I I I I I I I I I I I I MINOR SUBDIVISION CHECKLIST 10 Last updated: 7/29/2020 Article IV, Section D.3. Staff Review 3. Staff Review – Applicants for a final plat shall first submit the final plat and plans to the Planning Director and/or his/her authorized agent for staff’s review. The Director shall determine if the submittals meet all of the requirements of Section D.1., above. Incomplete, partial, or inaccurate submittals will not be accepted, but will be returned to applicant for re-submission for a later hearing. Staff shall review the application and provide comments to the applicant. Following staff review and comments the applicant shall make a formal application for submittal to and review by the Planning Commission. ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Cross Reference: Article IV, Section.D.1.b.(19) Final Plat and Final Plans Comments: For the applicant’s information this provision authorizes staff to withhold an incomplete application from the Planning Commission agenda. Article IV, Section D.7. Recording 7. Recording – Applicant is responsible for recording of Plat and approval shall be null and void if the Plat is not recorded within sixty days after the date of final approval; provided, however, that the Commission may, on finding of good cause, extend that sixty day period. The applicant shall provide a copy of the recorded plat; failure to do so shall result in the denial of the issuance of the building permits within the subdivision. ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Commentary: Because a minor a minor subdivision is a concurrent preliminary/final plat, the final plat recording deadline described in this section is required for minor subdivisions. Comments: For the applicant’s information note the deadline for recording the plat. Construction Standards Article VI, Section A. Construction Standards-General The sub-divider shall be required to install, or construct improvements hereinafter described prior to having released bond or other surety which guarantees the installation of such improvements. All improvements required shall be constructed in conformity with these regulations and in conformity with Chapter 19, Streets, Sidewalks, and Other Public Ways, of the Code of Ordinances for the City of Fairhope, as amended. All improvements shall be designed and sealed by a Project Engineer. The Project Engineer shall carry Errors and Omissions Insurance at a minimum coverage of at least $1,000,000. ☐N/A ☐Accepted ☐Revise and Resubmit per comments Commentary: The design professional (engineer or surveyor) must include a certificate of insurance with their application. Make certain the certificate has not expired. Comments: Article VI, Section D. Construction Standards-Sidewalks Sidewalks shall be installed on all streets within the planning jurisdiction of the City of Fairhope, except on those streets which are eligible for the rural design standard expressed in Table 5.3, Appendix A of these regulations, or as I I I I I I MINOR SUBDIVISION CHECKLIST 11 Last updated: 7/29/2020 elsewhere provided for in these regulations. On streets requiring sidewalks, concrete sidewalks which meet the City's standards and specifications expressed in Chapter 19 of the Code of Ordinances, as amended shall be installed. Sidewalks shall be designed and installed in accordance with good engineering practice. ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Cross Reference: Chapter 19 of the City of Fairhope Code of Ordinances, as amended, and Article V, Section D.6. Pedestrian Area Design Standard and note the performance bond provisions have been removed. Comments: Please see comments related to Article V, Section D.7.a., above. Article VI, Section G. Construction Standards-Fire Hydrants Fire Hydrants shall be installed along each street at a maximum interval of four hundred fifty (450) feet, or at the ends and center of each block, or as otherwise required by the fire authority having jurisdiction. Water supply and pressure shall be adequate to provide fire protection and for the future needs of the development. Blue reflective markers shall be installed at the street line of streets to indicate the location of fire hydrants. ☐N/A ☐Accepted with comments ☒Revise and Resubmit per comments Comments: It appears two (2) additional fire hydrants must be installed to serve the proposed subdivision. A waiver from this portion of the subdivision regulations was submitted in lieu of installation of fire hydrants. Article VI, Section I. Construction Standards-Permanent Monuments Monuments shall be set at all points where the exterior boundaries of the subdivision intersect, including points of curvature and points of tangency on curved boundaries. All monuments and interior lot corners shall be marked as prescribed by the most recent edition of the Alabama Society of Professional Land Surveyors Document Standards of Practice for Surveying in the State of Alabama. ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Comments: For the applicant’s information. Article V, Section D.7.a. Street Standards – Exceptions to Street Standards a. Natural Features – Blocks abutting natural or topographical features may be approved with exceptions to the blocks and street layout standards of Article V., Section D., subject to all of the following: (1) construction of the grid according to the block and street layout standards must be impracticable in that the applicant would incur substantial and unreasonable additional costs in designing streets across the natural or topographical feature or modification of the grid is necessary to preserve important environmental features such as streams, wetlands, animal habitats, or other conservation areas; (2) Modification of the grid shall not alter the minimum block length or block size, except that the distance of the property line along the natural or topographical feature creating the need for the exception shall be omitted when calculating the perimeter of the block. Additionally, public access easements to any natural or topographical features which can be used for active recreation may be used as the perimeter of a block; and (3) Cul-de-sacs or “loop” streets may be approved where connections with a through street would intersect with the natural or topographical feature. “Loop” streets are preferred to cul-de-sacs wherever practicable. Cul-de-sacs shall not exceed 660 feet and loop streets shall not exceed 1300 feet. (4) Sidewalks (a) Sidewalks are not required to be installed in the right-of-way where all lots front on and have access to existing streets or roads, and such streets or roads are under the jurisdiction of another governing authority, and that authority has prohibited the installation of sidewalks in the right-of-way. In such event, the Commission may require the installation of sidewalks in easements along the margin of the lots adjacent to the right-of-way. I I I I I I MINOR SUBDIVISION CHECKLIST 12 Last updated: 7/29/2020 (b) If so requested, the Commission may waive the requirement to install sidewalks if, in the discretion of the Commission, sidewalks will not serve the intended purposes due to the absence of other sidewalks in proximity to the subdivision or due to topographical conditions. However, in such cases the Commission shall require sidewalk easements along the margin of lots adjacent to the right- of-way to accommodate the installation of sidewalks in the future. ☐N/A ☐Accepted ☒Revise and Resubmit per comments Cross Reference: Article V. Section D. Comments: No information was included with the application regarding the installation of sidewalks along Lawrence Road. Tracery Subdivision is approximately 1,300’ north of subject property, North Woods Subdivision is approximately 700’ west of subject property, and North Station Subdivision is approximately 1,300’ west of subject property. Due to the close proximity of other developments containing sidewalks the applicant is advised the Planning Commission may require that sidewalks be installed. A waiver from this portion of the subdivision regulations was submitted in lieu of installation of sidewalks. Reviewed by:__________________________ Date of Review:________________________ I I August 17, 2020 S.E. Civil, LLC Mr. David E. Diehl, PLS 880 Holcomb Blvd ., Suite 2-F Fairhope, AL36532 Dear Mr. Diehl, Regarding your availability request for the Lawrence Road Subdivision. Electric: Is not available through the City of Fairhope . Gas: Gas is not available through the City of Fairhope. Water: Is available. Sewer: Is not availabl e through the City of Fairhope. If t he developer requires sewer, the developer will be responsible for extension and installation. Sincerely, Mike Allison Operations Director City of Fairhope, AL Mike.Allison@fairhopeal.gov cc Tim Manuel, Assistant Superintendent, Water and Waste Water Department cc Terry Holman, Superintendent, Gas Department cc Jeremy Morgan, Superintendent, Electric Department 1 SD 20.40 Aldi Subdivision – September 10, 2020 Planning Commission September 10, 2020 2-Lot Minor Subdivision Approval Case: SD 20.40 Aldi Subdivision Project Name: Aldi Subdivision Property Owner /Applicant: Aldi Inc. of Alabama General Location: Northeast corner of the intersection of SR 181 CR 48 (Fairhope Ave) Project Type: Minor Subdivision inside Fairhope’s ETJ Number of lots: 2 Project Acreage: 7.14 Zoning District: Unzoned PPIN Number: 248109 Surveyor of record: Lawler and Company School District: Fairhope Intermediate, Fairhope Middle, Fairhope High School Report prepared by: J. Buford King, Development Services Manager Recommendation: Approve with Conditions N N Subject Site Fairhope Ave. Hwy. 181 Subject Site Fairhope Ave. Hwy. 181 1,792 ,. ...... ■ iJ-i, r.,.,-.. t ~-.1.<.<1.c"ilt);"""'' ■ ~;,~.r•-~..anC.C-.1tt<ll~<r • 6,..,1 .i,. ....... ~,.of,,~""' ~ • .i.1.UQ.,.,o,....,.;,,tO.n\a ■ p.1.p......., ~.._t,o,,,0,..,..- lti.,,,,,,O~t"ll•"-''I" TI)IIT!ol h~"'"4."'..,,.__., ~ lj\.,j .1't.t<do,,.~l/sc- l1~-11~·-~,1u,- <t.2.l.!edl""'O.""")'S.sgd.,,., ■11,,1-l+gH),on,lry~-I NO(f~ o.,kil(;o._s-,g..~i; CJ ~ti-' ~-'5,,,g!,,F,o-,,,~ ■ r4i.-tlffls1)'M ... -.t...,,, ~, .... ~•0,,-1"J D'-11iov~... ·,, U-MoC,011_,.r,,t-c;,,.;a U-~._.,,,., .. :"-!;~Diw::, -~-,--,, 2 SD 20.40 Aldi Subdivision – September 10, 2020 Summary of Request: Public hearing to consider the request of Aldi Inc. of Alabama for plat approval of Aldi Subdivision, a 2-lot minor subdivision. The property is approximately 7.14 acres and is located on the northeast corner of the intersection of State Hwy. 181 and County Road 48 (a.k.a. Fairhope Avenue). Comments: The subject property is in Fairhope’s Extra Territorial Jurisdiction and therefore must follow Fairhope’s Subdivision Regulations. The proposed subdivision according to Fairhope’s Subdivision Regulations is a minor subdivision and has been reviewed accordingly. 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 applicable. The proposed subdivision did not trigger a traffic study. Concerning storm water runoff none of the existing flow patterns will be changed by this replat. Due to scheduling conflicts caused by COVID-19, the applicant could not obtain flow model data prior to the completion of the Staff Report. A fire hydrant will be required within 450’ of each lot. The hydrant(s) should be clearly illustrated on the preliminary plat. The information is forthcoming and will be a condition of the subdivision approval. Water and gas services are available through the City of Fairhope. The City of Fairhope cannot provide sewer services. Electrical services shall be provided by Baldwin EMC. The preliminary plat illustrates a 2-lot subdivision at the intersection of Fairhope Avenue and Highway 181. There are no existing sidewalks along Highway 181 or Fairhope Avenue at the subject site. The applicant has provided a 10’ sidewalk easement along Highway 181 and Fairhope Avenue. The subdivision regulations contain the following criteria in Article IV.B.2. Approval Standards: “2. Consistency with Plans, Regulations and Laws - The Planning Commission shall not approve the subdivision of land if the Commission makes a finding that such land is not suitable for platting and development as proposed, due to any of the following: a. The proposed subdivision is not consistent with the City’s Comprehensive Plan, and/or the City’s Zoning ordinance, where applicable; • Not 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; • Not applicable c. The proposed subdivision is not consistent with these Regulations; • Meets d. The proposed subdivision is not consistent with other applicable state or federal laws and regulations; or • Meets e. The proposed subdivision otherwise endangers the health, safety, welfare or property within the planning jurisdiction of the City.” • Meets Recommendation: Staff recommends APPROVAL of SD 20.19 B E AV E R CREEKDR BATTLES RDFRUITTREELN BARTLETT AVCOLONY DRSECTION STTHYME LN ATW ATER AV POL OFI EL DRDMUSKET AV OLD BATTLES RD CRAFTSMAN AV M ULBE R RYLNGLO VER R DRICH RD A P RICOTLN SILVERSMITH STC A R D A M E L C TBOUNDARY DR HIBI SCUS WAY CUBAN LILY DR ARTES IANSP R I N GD RHAWTHORNE LN BRODBECK LN City of FairhopePlanning Commission September 10, 2020 ¯ COLONYDRSECTION STTHYME LN HAWTHORNE LN A P RICOTLN OLD BATTLES RD BRODBECK LN HIBISCUS WAY BATTLES RD CUBAN LILY DR SD 20.41 - Battles Trace, Phase 7 Legend COF Corp. Limits COF Planning JurisdictionCOF Zoning PUD - Planned Unit Development R-5 - High Density Dwelling Residential TR - Tourist Resort ¯ ¯ ^ Project Name: Battles Trace, Phase 7Site Data: 18.9 acresProject Type: 38-lot Subdivision (Final)Jurisdiction: City of FairhopeZoning District: TR - Tourism Resort DistrictPPIN Number: 372296General Location: East side of Colony Drive just north of County Road 34 (a.k.a Battles Road)Surveyor of Record: Stuart Smith -Goodwyn, Mills & CawoodEngineer of Record: Tim Lawley- Goodwyn, Mills & CawoodOwner / Developer: Retirement Systems of AlabamaSchool District: Fairhope Elementary, Middle & High SchoolsRecommendation: Approved with ConditionsPrepared by: Samara Walley . 1 SD 20.41 Battles Trace, Phase 7 Final – September 10, 2020 Summary of Request: Public hearing to consider the request of the Retirement Systems of Alabama for Final plat approval of Battles Trace, Phase 7, a 38-lot subdivision. The property is approximately 18.9 acres and is located on the east side of Colony Drive just north of County Road 34 (a.k.a. Battles Road). The smallest lot is 8,125 S.F. and largest lot is 15,933 S.F. The preliminary plat was approved at the January 6, 2020 Planning Commission meeting. Comments: The development, Battles Trace, Phase 7 is a 38-lot phase of a single-family residential development with roads and infrastructure. Battles Trace, Phase 7 has been built in accordance to the design and engineered plans of the approved preliminary plat in January 2020. The applicant received comments requesting revisions and/or clarification regarding Errors and Omissions Insurance and the maintenance plan of the detention facilities. The applicant has since satisfied all of the necessary requirements of the Final Plat checklist. The subdivision regulations contain the following criteria in Article IV.B.2. Approval Standards. “2. Consistency with Plans, Regulations and Laws - The Planning Commission shall not approve the subdivision of land if the Commission makes a finding that such land is not suitable for platting and development as proposed, due to any of the following: a. The proposed subdivision is not consistent with the City’s Comprehensive Plan, and/or the City’s Zoning ordinance, where applicable; SITE DATA TABLE TOTAL ACREAGE = 817,552 SQ. FT. (18.77 A.C .:t) TOTAL NUMBER OF LOTS (PB 7) = 38 GROSS DENSITY = 2.02 LOTS PER ACRE COMMON AREA/OPEN SPACE {PB 7) ACREAGE: 406,214 SQ. Fr. (9.33 AC.±) {50.0 ,:; OF TOTAL SITE) TOTAL LOTS = 38 (SMALLEST LOT -8,125 SF) TOTAL LINEAR FEET OF PRIVATE ROADWAY = 1,109 L.F. ZONING = TR -TOURIST RESORT (LR/MR) SETBACKS FRONT SIDE -UNLESS OTHERWISE NOTED REAR -UNLESS OTHERWISE NOTED UTllJTY COMPANIES WATER & SEWER TELEPHONE ELECTRICITY GREENSPACE PHASE 7 •TOTAL TR DISTRICT •INCLUDES 2.4 AC. (PB6) & 8.5 AC. (PB7) = 10' = NONE = 5' = FAIRHOPE UTWTIES = AT&T = RIVIERA UTWTIES = 8.49 AC. (45.2,:; OF 18.8 AC.) = 74.7 AC . (26.0,t; OF 286.8 AC) 2 SD 20.41 Battles Trace, Phase 7 Final – September 10, 2020 • 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 • Meets e. The proposed subdivision otherwise endangers the health, safety, welfare or property within the planning jurisdiction of the City.” • Meets Follow‐Up Activities Required by Staff and the Applicant: Condition of approval # 2 memorializes the listed follow-up procedures required of staff and the applicant: 1. Applicant shall furnish to staff a copy of the recorded final plat AND a copy of the recorded stormwater Operations and Maintenance Agreement. a. The final plat must be recorded in the Judge of Probate’s office within sixty (60) days of final plat approval by the City of Fairhope Planning Commission, or the final plat approval is null and void. b. Upon receipt of items included in “a” above, staff will prepare a DRAFT resolution of dedication of the improvements to be dedicated to the City of Fairhope and transmit the DRAFT resolution to the City Clerk for editing and inclusion on a future City Council meeting agenda for adoption by the Fairhope City Council. i. The Mayor of the City of Fairhope will execute the resolution of dedication as well as the Maintenance and Guaranty Agreement upon adoption. ii. The City Clerk will serve as the custodian of the Maintenance and Guaranty Agreement until release by staff. 2. Maintenance and Guaranty Agreement Expiration a. Two years from the effective date (date executed by mayor) b. Forms for the Maintenance and Guaranty Agreement and Maintenance Bond will be furnished to the applicant in electronic form upon approval of Case # SD 20.41 by the Planning Commission c. A maintenance bond has not been required for phases within the TR district. 3. Stormwater O&M Inspections a. First inspection shall be complete by City of Fairhope staff by December 31, 2025. b. Subsequent inspections shall be complete by City of Fairhope staff by December 31st every successive fifth year following the initial inspection Recommendation: 3 SD 20.41 Battles Trace, Phase 7 Final – September 10, 2020 Staff recommends approval SD 20.41 Battles Trace, Phase 7 with the following conditions: 1. Memorialize the follow-up activities required by staff and the applicant more fully-described in the staff report, above. T"h "' ... "' "' a, ID 5 l> ~:, I! ;~ Ii~ I f ,.,, ~ :r: ;;;io ::n ;o -t!" ! ... -;-11' (JI --o_ 0 ::::0 ::::0 rr, ~o -0 z ::::0 C)o U) CROSS SECTIONS SCALE: NOTED C20.01 sneer 2001 23 I OI 0 I il, I !!: .!, 0 .!. 0 0 +o 0 0 0 .., 0 ls t; g I g I ~ I ls I "' 0 I 0 0 +o (JI 0 0 ~ !5 t; g "' l ~ ..., "' l 1 8i l!l ~ ,Jt-~'.~:::·•,,,,,,, [![~0, ty ... 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ALABAMA GMC Project CMOB190319 CJ ~ ~ ~ -., u, I ~ 0 : -18.18 r 82.24 ' n !:'ii.a·-- i!, ~ L; e1 . i!. i ..._9~ \I ~ r: 22.19 62.91 8i 0 a, ! 0 OFf": -211& - l it!:!"! .oo· ', ~ '77.23---- 1, ~ -~ \ ' ~'1l~ "' ~ ID "' '~ 8i ISSUE DATE •cu, "I T~FT 1111_¥71 ">n"Jn DRAWN BY: JHP CHECKED BY : TDL I g ch I ls 1 ~ I 'a N +o 0 0 0 l:l !5 .... 0 g I g I t; I ~ I ~ I 0 N +o {.Jl a ~ 0 ~ ls ~ g; -., 0 0 r. ~ ,, ..... ~ 1 u, Off: 17.93 ~71 e2 l-- l ':1 4.« I : 74.6 .2 ..;_ 9.00 \ on 24.10 !"El; 76.85 UI 0 8: ~ .;l I~ I Off: -13.20 -it;73.47 r n.as· I, ~ , n.o: i ~ ...,5 ~~-~ \ Off: 2 .Ill ~ 75. 7 \ -., .... 0 "' 2039 Ma l n Street Daphne, AL 36526 T 251.626.2626 GMCNE"TWORK .COM "' 0 Q :r "' 0 .., ,., ,. "' 0 0, 8i .., a, "' 8i 0 GMC: Goodwyn Mills Cawood 2039 Main Street PO Box 1127 Daphne, Alabama 36602 T 251.626.2626 F 251.626.6934 LETTER OF TRANSMITTAL DATE: July 28, 2020 TO: City of Fairhope PROJECT: Battles Trace Subdivision Phase 7 Enclosed: Final Plat Application & Checklist Check in the amount of $7,700 Agent Authorization Letter Adjacent Property Owners List & Certification E&O Insurance Certificate 2 copies each -Plat & As-Bui Its (& pdf) GIS As-Builts (disk) FROM: Tim Lawley GMC # CMOB190319 Stormwater Maintenance Agreement & 5th Amendment to the Maintenance Plan Engineers Certification Letter Water/Sewer Test Sewer Video Maintenance Bond Road Test Data 05-46-09-30-0-000-078.194 05-46-09-30-0-000-078.193 05-46-09-30-0-000-078.186 05-46-09-30-0-000-078.191 05-46-09-30-0-000-078.241 05-46-09-30-0-000-078.185 05-46-09-30-0-000-078.204 05-46-09-30-0-000-078.190 05-46-09-30-0-000-078.230 05-46-09-30-0-000-078.228 05-46-09-30-0-000-078.184 05-46-09-30-0-000-078.242 05-46-09-30-0-000-078.245 05-46-09-30-0-000-078.257 05-46-09-30-0-000-078.192 05-46-09-30-0-000-078.227 05-46-09-30-0-000-078.246 05-46-09-30-0-000-078.203 05-46-09-30-0-000-078.226 05-46-09-30-0-000-078.235 05-46-09-30-0-000-078.232 05-46-09-30-0-000-078.244 05-46-09-30-0-000-078.243 05-46-09-30-0-000-078.225 05-46-09-30-0-000-078.231 05-46-09-30-0-000-078.247 05-46-09-30-0-000-078.187 05-46-09-30-0-000-078.188 05-46-09-30-0-000-078.229 05-46-09-30-0-000-078.18 9 05-46-09-30-0-000-078.004 05-46-09-30-0-000-078.001 05-46-09-30-0-000-078.084 05-46-09-30-0-000-078.083 05-46-09-30-0-000-078.000 05-46-09-31-0-000-001.000 05-46-09-30-0-000-078.143 05-46-09-30-0-000-041.050 05-46-09-30-0-000-041.036 05-46-09-30-0-000-041.051 05-46-09-30-0-000-041.050 05-46-09-30-0-000-041.052 05-46-09-30-0-000-041.045 05-46-09-30-0-000-041.054 05-46-09-30-0-000-041.00 2 05-46-09-30-0-000-041.003 05-46-09-30-0-000-041.001 05-46-09-30-0-000-041.048 05-46-09-30-0-000-041.008 05-46-09-30-0-000-041.005 05-46-09-30-0-000-078.099 05-46-09-30-0-000-041.000 05-46-09-30-0-000-041.010 05-46-09-30-0-000-041.009 05-46-09-30-0-000-043.000 05-46-09-30-0-000-041.049 05-46-09-30-0-000-041.012 05-46-09-30-0-000-041.004 05-46-09-30-0-000-041.053 05-46-09-30-0-000-041.006 05-46-09-30-0-000-041.047 05-46-09-30-0-000-041.011 05-46-09-30-0-000-041.038 05-46-09-30-0-000-041.013 Teachers Retirement Systems of AL Dr. David Bronner 201 S. Union St. Montgomery, AL 36104 Goodwyn Mills Cawood 2039 Main St 0 eet P.O. Box 1127 Daohne. AL 36526 T (25li 626-2626 F (251) 626-6934 www.gmcnetwo'.<.com July 27, 2020 Mr. Buford King City of Fairhope PO Drawer 429 Fairhope, AL 36533 RE: Battles Trace Phase 7 Dear Mr. King: I, Timothy D. Lawley, a professional engineer registered in the State of Alabama, Registration Number 30859, do hereby certify that the streets and drainage system for Battles Trace Phase 7, have been constructed under my supervision in accordance with the approved construction plans. I further certify that I have checked all test reports and that all construction materials have been installed in accordance with the typical sections, profiles and plan details and meet minimum requirements as set out in the State of Alabama Highway Department's Standard Specifications for Highway Construction, latest edition and current revisions. Sincerely, GOODWYN, MILLS & CAWOOD, INC. Timothy D. Lawley, P.E. Vice President \BLG Building Communities 4. Failure to Perform. In the event the Subdivider shall fail in whole or in part to perform any term, covenant or condition of this Agreement or in the event of a Defect (a "Default"), the City may issue a written notice of default to the Subdivider (a "Notice of Default"). If the Subdivider has not cured the Default within ten (10) days of its receipt of the Notice of Default, the City shall have the right to take any or all of the following actions: (a) complete/remedy any Default, including, without limitation, the right to cure any Defect, at the sole cost and expense of the Subdivider; and/or (b) exercise any other right or remedy available to the City at law or in equity, including the right to pursue and obtain specific performance. In the event the City exercises any of the foregoing rights and expends any funds in connection therewith, the Subdivider shall reimburse the City for any such expended funds within ten (10) days of demand for such funds by the City. Any funds not so reimbursed by the Subdivider within said ten (10) day period shall thereafter accrue interest at the rate of twelve percent (12%) per annum. 5. Legal Compliance. The Subdivider shall, at its own expense, comply with all applicable laws, ordinances, regulations, rules and orders, whether federal, state or local, or any regulation of any governmental body having jurisdiction over the Subdivision or the Subdivider with respect to the maintenance and repair of the Improvements, regardless of when they become effective. The Subdivider shall not use, nor permit the use of the Improvements for any purpose in violation of such laws, regulations, rules or orders. The Subdivider represents and warrants to the City that the Subdivider is acting with full and legal authority with respect to the Improvements. 6. Indemnification. To the extent permitted by the laws and Constitution of the State of Alabama, the Subdivider shall indemnify, defend and hold harmless the City and its affiliates, elected officials, employees, agents, representatives, contractors, subcontractors, licensees and invitees from and against any and all claims, violations of law, demands, liabilities, damages, losses, judgments, costs, and expenses including, without limitation, attorneys' fees, arising out of or otherwise related to any approval or activity conducted by, or any act or omission of, the Subdivider made or taken pursuant to this Agreement. 7. Responsibility For Agents. The Subdivider shall be responsible for compliance by its engineers, architects, contractors, subcontractors, employees, agents, and representatives (collectively, the "Representatives") with the terms of this Agreement and for all acts or omissions by any or all of the Representatives relating to the obligations of the Subdivider herein. 8. No Assignment. The Subdivider shall not have the right to assign this Agreement or any rights or obligations hereunder without the City's prior written consent, which consent may be withheld in the sole and absolute discretion of the City. Any attempted assignment shall be void. No assignment shall relieve the Subdivider of its liabilities and obligations herein. (02923019.1) Page 2 of 5 9. Agency. It is neither the express nor the implied intent of the Parties to create an agency relationship pursuant to this Agreement; therefore, any actions of the Parties shall not be considered or implied to create such agency. 10. No Waiver. The failure of the City to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. 11. Entire Agreement. This Agreement embodies the entire agreement and understanding of the Parties with respect to the construction of the Improvements and there are no further or prior agreements or understandings, written or oral, in effect between the Parties relating to the subject matter hereof. 12. No Endorsement. The City in no way whatsoever is deemed to have approved, provided, given, or allowed to be given any authorization, endorsement, approval, or consent of the business practices, actions or behavior of the Subdivider. This Agreement, and/or the procedures approving the same, is no way to be considered as a substitute for any regulations, procedure or other requirement of the City. It is the sole responsibility of the Subdivider to comply or to ensure its own compliance with any local, state, or federal law or regulation. 13. Attorney's Fees. In the event the City initiates litigation or any other legal proceeding for purposes of enforcing its rights, duties and obligations hereunder and is the prevailing party in any such litigation or other legal proceeding, the City shall be entitled to the recovery of its attorney's fees in addition to any other remedy provided hereunder. 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflicts of law principles. 15. Counterparts. This Agreement may be executed in one or more counterparts and by the different parties hereto under separate counterparts, any one of which need not contain the signatures of more than one party, but all of which when taken together shall constitute one and the same instrument notwithstanding that all parties have not signed the same counterpart hereof. 16. Headings. The section headings contained in this Agreement are inserted as a matter of convenience and shall not affect in any way the construction of the terms of this Agreement. 17. Effective Date. As used herein the term "Effective Date" shall mean and refer to the date of execution of this Agreement by the Mayor of the City as set forth below. { 02923019. J} Page 3 of 5 IN WITNESS WHEREOF, the Parties, having full authority to do so, have fully executed this Agreement by and through their respective duly authorized representatives as of the last date of execution below. ATTEST: Lisa A. Hanks, City Clerk { 02923019.1} Page 4 of 5 THE TEACHERS' RETffiEMENT SYSTEM OF ALABAMA, an instrumentality of the State of Alabama By:--------------- Director of Construction Development Real Estate Division As: _______________ _ Date: September I 0, 2020 THE EMPLOYEES' RETIREMENT SYSTEM OF ALABAMA, an instrumentality of the State of Alabama By:-------------- As: Director of Construction Dev. Real Estate Division ---------------- Date: September I 0, 2020 THE CITY OFF AIRHOPE, ALABAMA By: _____________ _ Karin W. Wilson As Its Mayor Date: --------------- EXHIBIT A TO THE MAINTENANCE AGREEMENT The attached itemized cost estimate identifies what is covered under this maintenance agreement. It is the water and sewer infrastructure installed within Battles Trace Phase 7 and shown in the as built plans for Battles Trace Phase 7 submitted to the city. {02923019.1) Page 5 of 5 ' ' EXHIBIT A TO THE MAINTENANCE AGREEMENT WATER AND SEWER INFRASTRUCTURE WITHIN THE REFERENCED DEVELOPMENT THAT RSA INTENDS TO DEDICATE TO THE CITY OF FAIRHOPE FOR MAINTENANCE PURPOSES Retirement System of Alabama Battles Trace Phase 7 July 24, 2020 ITEM#. DESCRIPTION UNIT : QTY UNIT PRICE AMOUNT 1 8" WATER LINE (641-A) 1-----1---··• .. •·· .. -·-··--······· . . ..... LF , 1,030 $ 20.00 :_$_. 20,600.00 LBS • 1,800 _-_~J-·-5.50 , $ --9,900.00 ---~2_ ..... o_u;c._CTILE_IRON FITTINGS {641-C) ..___.;...3 ----1 Flf3_E HYDRANT (~41-D) EA 2 $ 3,!§QQ.0Q $ 7,200.00 4 CONCRETE FOR WATER LINES CY 3 $ 200.00 $ 600.00 ..__----1 (?41-L) ..__5 _____ 3/4"_ SERVICE TAF> (64 ~ :P) EA 76 $ 550.00 __ J 41,800.00 ..__6~-1-3,/4'_'. WATER METER B()~ ~gJ (641-Q) EA 76 $ 125.00 $ .. 9,500.09 ..__.;...7 -.J--=8_" S-=---ANIT ARY SEWER JSDR. 26 _ PVC) .... _ _ ___ hf... :_··-·-275 - $ ..... -... 24.50 ,· $_. ·-·· --6,737.50_ 8 SANITARY SEWER MANHOLE (645-H) EA . 3 ----s~-14" sTAcKs ANo LATERALs (645-E) •• ••• -·-··ri=--·----•----200 $ 4.,?09:00 __ $ •· 13,500.00_ $ 14.00 , $ 2,800.00 TOTAL AMOUNT $ 112,637.50 30% of Total i $ 33,791.25 Because the Engineer does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. 11MuJ P101513762 This Instrument Prepared By: Goodwyn , Mills & Cawood , Inc . Post Office Box 1127 Daphne. AL 36526 City of Fairhope, Alabama Storm Water Facility Maintenance Agreement THIS STORM WATER FACILITY MAINTENANCE AGREEMENT (this "Agreement") is made, executed and entered into this ___ day of ______ _ 2020, by Retirement Systems of Alabama, (hereinafter called "Landowner"), to and for the benefit of the City of Fairhope, Alabama, a municipal corporation organized under the laws of the State of Alabama (hereinafter called the "City"). Recitals : WHEREAS, Landowner is the owner of that certain real property located in Baldwin County, Alabama and more particularly described on Exhibit "A" attached hereto and by reference made a part hereof (the "Property" or "Plat"); WHEREAS, Landowner is in the process and constructing and developing a single family residential project on the Property to be known as Batt les Trace Sub divisio n Phase 7 (the "Subdivision"); WHEREAS , Landowner has applied with the City for Single Family Residential approval, a copy of which is attached hereto as Exhibit "B" (the "Site Plan" or "General Layout"); WHEREAS, as a condition to the approval of the Project, the City requires the construction and improvement of certain storm water management facilities as shown and referenced on the Plat and/or otherwise approved by the City in writing (the "Facilities "); Page 1 of 6 WHEREAS, as a further condition to the approval of the Project, the City requires that the Facilities be constructed and adequately maintained by Landowner, its successors and assigns. Agreement: NOW THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Landowner and the City, intending to be legally bound, hereby covenant and agree as follows: 1. Landowner shall construct and improve the Facilities strictly in accordance with the plans and specifications therefore (a) set forth on the Site Plan and/or (b) otherwise approved by the City in writing. Landowner acknowledges and agrees that the completion of construction of the Facilities is a condition to the City's final approval of the Project; provided, however, that in the event the City allows Landowner to provide a bond or other guarantee of completion of the Facilities, the Facilities shall be completed at least thirty (30) days prior to the expiration of said bond or other guarantee. 2. Landowner shall maintain the Facilities in such condition that the Facilities properly operate, function and perform (as designed by a professional engineer) for their intended purpose(s), which maintenance shall include, at a minimum, all maintenance required by all laws and ordinances of the City, the maintenance plan attached hereto as Exhibit "C", all items set forth on the Maintenance Checklist (hereinafter defined), and such other maintenance as is customary in Baldwin County, Alabama with respect to substantially similar stormwater management facilities. As used herein, the term "Facilities" shall include, without limitation, all pipes, channels or other conveyances built to convey storm water to the Facilities, as well as all storm water structures, improvements, and vegetation provided to control the quantity and quality of storm water that discharges from the Property. In connection with Landowner's maintenance of the Facilities, Landowner shall follow and comply with the Storm Water Structural Control Maintenance Checklists attached hereto within Exhibit "C" and incorporated herein by reference ("Maintenance Checklist"). 3. Landowner shall inspect the Facilities and submit an inspection report every five years. Said inspections shall be conducted at the sole expense of Landowner by a professional engineer registered in the State of Alabama and reasonably Page 2 of 6 acceptable to the City and which inspection report shall be certified by said engineer to the City, which form of certification shall be reasonably acceptable to the City. The first inspection report is due by December 31 st of the fifth year after completion of construction of the Facilities and subsequent inspection reports are due by December 31 st of every successive fifth year thereafter. Each inspection report shall detail the then-current state of effectiveness of the Facilities and shall note any deficiencies in the Facilities and/or any portion or component thereof. The purpose of the inspection reports is to assure safe and proper operation and functioning of the Facilities. 4. Landowner hereby grants an irrevocable license to the City and its authorized agents and employees to enter upon the Property and to inspect the Facilities whenever the City deems necessary. The City shall provide Landowner copies of any inspection findings of the City. In the event the City finds any deficiencies in the Facilities, whether as a result of the inspection reports required under Paragraph 3 hereof or as a result of a City inspection conducted in accordance with this Paragraph, the City shall have the right, but not the obligation, to issue a written notice to Landowner of any such deficiencies. In the event the City issues any such deficiency notice, Landowner shall cure any such deficiencies within the time set forth for such deficiencies required by applicable law (whether federal, state, local or otherwise) and in any event within thirty (30) days of its receipt of such notice. 5. In the event Landowner fails to maintain the Facilities in good working condition acceptable to the City and in accordance with the terms and conditions hereof, the City shall have the right, but not the obligation, to enter upon the Property and take whatever steps are necessary to correct and bring the Facilities into good working condition and to charge the costs of such repairs to Landowner; provided, however, that in no event shall the foregoing be construed as to allow the City to erect any structure of permanent nature on the Property outside of the easement or other areas for the Facilities as shown on the Plat. It is expressly understood and agreed that the City is under no obligation to maintain or repair the Facilities and in no event shall this Agreement be construed to impose any such obligation on the City. 6. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, Landowner shall reimburse the City for all such costs Page 3 of 6 and expenses within thirty (30) days of Landowner's receipt of the City's written demand therefore. Any sums not reimbursed to the City within said thirty (30) day period shall accrue interest at the rate of twelve percent (12%) per annum. 7. In the event of the employment of an attorney for the collection of any amount due hereunder or for the institution of any valid suit for the enforcement of any of the terms and conditions hereof, or on account of or for any other reason in connection herewith, Landowner covenants and agrees to pay and reimburse the City for its reasonable attorney's fees incurred in connection therewith. 8. This Agreement imposes no liability of any kind whatsoever on the City and Landowner covenants and agrees to defend, indemnify and hold the City harmless from and against any and all liability, loss, cost, damage and expense (including reasonable attorney's fees) in the event the Facilities fail to operate properly, whether as a result of improper design, maintenance or otherwise. 9. This Agreement shall be recorded in the records of the Probate Court of Baldwin County, Alabama and shall constitute a covenant running with the land, and shall be binding on Landowner and its successors and assigns with regard to any interest in the Property. 10. Landowner represents and warrants to the City that Landowner is the sole and absolute owner of the Property and is properly authorized to enter into this Agreement. 11. This Agreement shall be construed in accordance with the laws of the State of Alabama. 12. This Agreement may be executed in multiple counterparts by original or facsimile signatures, and each such counterpart shall be considered an original, but all of which together shall constitute one and the same agreement. 13. In the event of a default by Landowner hereunder, the City shall be entitled to all rights and remedies provided under applicable state law, including the right of specific performance. 14. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Page 4 of 6 15 . This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that all parties have contributed substantially and materially to the preparation of this Agreement. 16. Each notice, request, and communication required under this Agreement shall be in writing. It will be deemed to have been received: (i) on personal delivery; (ii) on the second business day after its deposit for overnight delivery with a recognized overnight delivery service; (iii) if by facsimile, on receipt of electronic confirmation of its receipt (but only if the facsimile is followed by delivery by United States mail); or (iv) if mailed, on actual receipt (but only if sent by registered or certified mail, with return receipt requested, addressed to the other party's address below): If to the City: City of Fairhope, Alabama Attn : Planning Director 555 South Section Street Fairhope, Alabama 36532 If to Landowner: RSA 135 South Union Street, Suite 228 Montgomery, Alabama 36104 Any party hereto may change its address for notice hereunder by giving notice to the other party in accordance with the foregoing. Any such change in address shall be effective ten (10) days following receipt of such notice by the receiving party. 17. Time is of the essence with respect to each obligation of the parties hereto under this Agreement. 18. The foregoing constitutes the entire agreement between the parties with respect to the subject matter hereof and may not be modified or amended except in a writing signed by all of the parties hereto . To the extent that this Agreement differs in any manner whatsoever from prior written or oral agreements regarding the subject matter hereof, or from any documents which are attached hereto, the terms and conditions of this Agreement shall control. Page 5 of 6 IN WITNESS WHEREOF , Landowner has caused this Agreement to be executed by and through its duly authorized representatives effective as of the date first set forth above. STATE OF ALABAMA) COUNTY OF BALDWIN) Retirement Systems of Alabama By : _______________ _ Name : Steve Timms -----~---~~e,..__ ______ _ As Its: Director, Construction & Development I, the undersigned Notary Public in and for said County in said State, hereby certify that Steve Timms, whose name as Director of Construction & Development for Retirement Systems of Alabama, is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he, as such manager and with full authority, executed the same voluntarily on the day the same bears date for and as the act of said manager. Given under my hand and official notarial seal this __ day of ______ _ {SEAL} NOTARY PUBLIC My Commission Expires: ________ _ Exhibit List: Exhibit A -Description of the Property (Plat) Exhibit B -Copy of the Site Plan (General Layout) Exhibit C -Copy of Maintenance Plan Page 6 of 6 EXHIBIT A DESCRIPTION OF THE PROPERTY (PLAT) EXHIBIT 8 COPY OF THE SITE PLAN (GENERAL LAYOUT) EXHIBIT C COPY OF MAINTENANCE PLAN I. INTRODUCTION II. Proper installation and maintenance of stormwater and erosion control systems is necessary during construction of a development's infrastructure. However, it is also necessary that long term inspection and maintenance be performed by the future property owners of a development. The current owners and/or the future Property Owner's Association IPOA) is responsible for being knowledgeable of and implementing this plan. The current responsible party for operation and maintenance is: Retirement Systems of Alabama 135 South Union Street, Suite 228 Montgomery, Alabama 36104 GENERAL BEST MANAGEMENT PRACTICES (BMP} DISCUSSION o SEDIMENT AND EROSION CONTROL BMP Erosion and the resulting sediment produced are problems associated with practically every residential land development. Land is constantly being disturbed and exposed to erosion. This can result in on-site damages such as gullied side slopes and washed out access roads. Off-site damage resulting from this erosion might include clogged drainage ditches, sediment deposits on adjacent property, and pollution of streams and lakes. Therefore, measures must be taken to protect land and water quality. Three primary functions of sediment and erosion control BMPs are to establish and protect vegetation, to trap sediment, and to control run-off water. BMPs used primarily to perform one of these three functions may also, to a lesser extent, perform one or more of the other functions. • VEGETATION The best and most cost-effective protection against soil erosion is a good vegetative cover. Vegetation dissipates the energy of rain and slows the movement of run-off water. Roots and organic matter hold the soil in place. Vegetation tends to increase water movement through the soil, thus reducing run-off. Existing vegetation, particularly on steep slopes and in natural drains, should be protected. Vegetation, which includes grass, small trees and shrubs, should be fairly easy to establish on fertile, gently sloping areas. Steeper slopes of less fertile soil are much more difficult to vegetate. These areas where vegetation is difficult to establish are much more susceptible to erosion. Temporary cover crops can be used until a permanent vegetative cover is planted. Several temporary cover crops can be planted at a time of year that is unfavorable for seeding permanent cover. Applying proper rates of lime and fertilizer is also essential. Mulch should be used on steep slopes and other areas where it is difficult to establish vegetation. Mulch reduces run-off, which allows water to infiltrate the soil. It also helps to hold seed, fertilizer and soil in place. 1 • SEDIMENT CONTROL Practices for trapping sediment are used to retard or divert the movement of sediment. Several practices that may be used at this facility include the following: A) Hay Bale Barriers Hay bales can be used as dikes to slow or divert channel flow or as a perimeter filter barrier. Hay bales should be installed in a trench, staked and back filled if they are to be effective in reducing flow velocity and filtering sediment from run-off. Hay bales should be inspected after every storm. Erosion around bale edges, erosion under bales or any other signs of deterioration should be repaired immediately. Hay bales should not remain in place more than 12 months after installation unless it can be determined significant deterioration has not occurred. When used as a perimeter filter, sediment should be removed when material is within six inches of the top of any bale. B) Silt Fences Silt fences are temporary structures to catch sediment and prevent gully erosion in temporary channels during construction and in permanent channels which are unvegetated and temporarily unable to handle flows. Silt fences should also be installed where sediment from sheet flow could enter onto adjacent property. When installing, it is important the fabric material be anchored into a trench and back filled. Maintenance of filter fences is similar to that of hay bale dikes in that the fabric must be inspected and needed repairs implemented after every storm event. Sediment deposits should be removed when material reaches a depth of one-half the fence height. C) Sedimentation Basin A sedimentation basin is a reservoir which retains run-off long enough to allow sediment to settle out. A sedimentation basin represents one of the most important BMPs for run-off control. It is the last line of defense in a system of BMPs developed to prevent the run-off of contaminants from the development. Water enters the facility's sedimentation basin through a natural drainageway or a constructed channel and is released through an outfall structure. Accumulated sediment in this basin should be removed periodically to maintain effective storage volume. Maintenance should also include regular inspections of outlet structures , dike embankments, and the entrance points, to guard against erosion or blockages that could cause dike failure or damage during storm events. • RUN-OFF WATER CONTROL Methods for controlling run-off water at this facility may include the use of diversion berms and swales. Flow rates along these berms and within these 2 swales can be controlled by the use of energy dissipators and grade control structures. A) Berms Diversion berms act to stop run-on from adjacent property and direct run-off from the facility into the sedimentation basin or into natural drainageways or constructed channels which flow into the sedimentation basin. The diversion berms should be resistant to erosion from concentrated run-off and be of sufficient height to prevent overtopping. B) Swales Swales act to stop run-off onto adjacent property as well as to direct the facility's run-off into the sedimentation basin. Any constructed swales should be vegetated to allow for sediment removal before the water reaches the sedimentation basin. The facility's natural drainage system has been used whenever possible. C) Grade Control Structures Where strong gradients may exist, constructed swales or drainage ditches should be protected from erosion by reducing flow rates. This can be achieved through the use of grade control structures such as check dams, rip rap or similar materials. These grade control structures create barriers to flow, decrease flow rates, increase sedimentation, and level channel/ditch gradients. o GOOD HOUSEKEEPING BMP Best management practices will also minimize the movement of many pollutants other than sediments. Those pollutants that are mixed in solution or are carried on fine grained sediments may pass through all BMPs and eventually reach downstream water bodies. Materials such as petrochemicals, pesticides and fertilizers are nearly impossible to control once they are present in run-off water. The only practical control option available is to prevent these pollutants from reaching run-off waters through the use of proper application techniques and good housekeeping practices. The use of many insecticides, herbicides and rodenticides is restricted by Federal or State law. These materials would be used rarely if not at all at this facility, but in the event that they are used, strict adherence to recommended practices will be observed. Water pollution may occur from fertilizers used to develop adequate vegetation on exposed ground surfaces. If fertilizers are to be used at this facility, applications will take place in periods of best plant generation and will not take place in times of bad weather. Measures will be taken to control on-site litter. On-site litter will be picked up and disposed of properly. 3 III. OPERATION AND MAINTENANCE PLAN The BMP Plan in Appendix A shows the erosion control plan and the permanent structures for the development. Temporary erosion control devices such as silt fence, hay bales, and wattles should be installed, maintained, and then removed by the construction contractor. Permanent structures such as inlets, pipes, ponds, and outfall structures must be inspected and maintained for the long term . The stormwater system components for this development have been designed to control the 100-year, 24-hour storm event. The components shown on the BMP Plan in Appendix A include the following: • Concrete Headwalls • Inlets • Storm sewer Pipes • Riprap at Outfall Pipe • Grass Buffers All of the above listed components are physically located within common area or drainage easements. All grass and landscaping inside or outside of the drainage/detention system will be the responsibility of the Landscape Maintenance Contractor hired by the developer or the Property Owners Association. In addition to the grass and landscaping, all other common areas (parking, curb, sidewalks, utility easements, building exteriors, etc. will be maintained by the developer or the Property Owners Association. The Inspection and Maintenance Checklists located in Appendix B give the inspection intervals/frequency for the above referenced stormwater management components. As required by and more accurately described in the "Stormwater Facility Management Agreement", the developer or POA must inspect and submit an inspection report every three years. These inspections shall be performed by a Professional Engineer registered in the State of Alabama. The first inspection report shall be submitted by December 31 of the third year after the completion of construction. Subsequent inspection reports shall be submitted by December 31 of every successive third year; failure to perform the required maintenance and/or file the required inspection reports could result in enforcement action (See City of Fairhope Subdivision Regulations, Article V, Section F (3) for more information). The Inspection and Maintenance Checklists found in Appendix B give a very detailed description of items that need to be observed and considered for each stormwater system component. In general, l) all pipes and inlets will be inspected for sediment and debris, 2) the pond will be inspected for excessive sediment and vegetative growth, 3) all pipes, inlets , curbs and asphalt will be inspected for damage or undermining. Trash, sediment and other pollutants removed from the components will be disposed of in a permitted Solid Waste Disposal Facility. If the amount of material is one cubic yard or less, it will be deposited in the onsite dumpster. If the material is greater than one cubic yard, it will be hauled directly to an approved disposal facility. APPENDIX "A" BEST MANAGEMENT PRACTICES PLAN APPENDIX "B" INSPECTION AND MAINTENANCE CHECKLIST FORMS Buffers Inspections and Maintenance Checklist Site Name: _________________ Owner change since last inspection? Y D N D Location : Owner Name : Address: Phone Number: ------------------------------ Site Status: Date: Time: _____ _ Inspector: Inspection Frequency Key: A-A nn ual · M-Monthl v: S-After Major Storms (>2 " in 24 hrs) ' Cl) C'-• u C >, "C C 0 u Q) -IU C'-• -Inspection Items •-C +' 0 C "C 0 Comments/Descriptions .... Cl) u ::, Uz Jg Cl) z Cl) D" Cl)-C "C uj C. Ill C. Cl) Ill CL> ·-Cl) Cl) Ill ._ IU CL> ► -= u.. -= c :Ez- Vegetation Surrounding area fully stabilized? (no M evidence of erodini:t material into buffer) Grass mowed (if applicable-Zone 2 only)? M Vegetation healthy? M Zone 1 is undisturbed M Level Spreader VeQetation is healthy Lip of spreader shows no signs of erosion M Sediment noted in spreader? M Inspector Comments: Overall Condition of Buffer: D Acceptable D Unacceptable If any of the inspection items above are checked "yes" for "maintenance needed," list maintenance actions and the completion dates below: Maintenance Action Needed Due Date The next rout ine inspection is scheduled for approximately : (Date) Inspected by : (signature) ________________ _ Inspected by : (printed) srn Amendment to the Operation and Maintenance Plan For Battles Trace at the Colony Subdivision. This amendment adds Battles Trace Phase 7 to the overall Operation and Maintenance plan for Battles Trace Subdivision. The overall Operations and Maintenance plan for Battles Trace Subdivision is recorded as instrument# 1553730 in the office of the Judge of Probate, Baldwin County, AL. Instrument # 1553730 includes Battles Trace Phases 1 and 2. Instrument #1605812 includes Battles Trace Phase 3. Instrument #1657976 includes Battles Trace Phase 4. Instrument #1745682 includes Battles Trace Phase 5. Instrument #1820628 includes Battles Trace Phase 6. This amendment includes Battles Trace Phase 7. DEVELOPER: THE TEACHERS' RETIREMENT SYSTEMS OF ALABAMA, an instrumentality of the State of Alabama By: ---------------- As its: ______________ _ THE EMPLOYEES' RETIREMENT SYSTEMS OF ALABAMA, an instrumentality of the State of Alabama By: ____________ _ As its: --------------- This Instrument Prepared By: Goodwyn, Mills & Cawood, Inc. Post Office Box 1127 Daphne, AL 36526 City of Fairhope, Alabama Storm Water Facility Maintenance Agreement THIS STORM WATER FACILITY MAINTENANCE AGREEMENT (this "Agreement") is made, executed and entered into this ___ day of ______ _ 2020, by Retirement Systems of Alabama, (hereinafter called "Landowner"), to and for the benefit of the City of Fairhope, Alabama, a municipal corporation organized under the laws of the State of Alabama (hereinafter called the "City"). Recitals: WHEREAS, Landowner is the owner of that certain real property located in Baldwin County, Alabama and more particularly described on Exhibit "A" attached hereto and by reference made a part hereof (the "Property" or "Plat"); WHEREAS, Landowner is in the process and constructing and developing a single family residential project on the Property to be known as Battles Trace Subdivision Phase 7 (the "Subdivision"); WHEREAS, Landowner has applied with the City for Single Family Residential approval, a copy of which is attached hereto as Exhibit "B" (the "Site Plan" or "General Layout"); WHEREAS, as a condition to the approval of the Project, the City requires the construction and improvement of certain storm water management facilities as shown and referenced on the Plat and/or otherwise approved by the City in writing (the "Facilities"); Page 1 of 6 WHEREAS, as a further condition to the approval of the Project, the City requires that the Facilities be constructed and adequately maintained by Landowner, its successors and assigns. Agreement: NOW THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Landowner and the City, intending to be legally bound, hereby covenant and agree as follows: 1. Landowner shall construct and improve the Facilities strictly in accordance with the plans and specifications therefore (a) set forth on the Site Plan and/or (b) otherwise approved by the City in writing. Landowner acknowledges and agrees that the completion of construction of the Facilities is a condition to the City's final approval of the Project; provided, however, that in the event the City allows Landowner to provide a bond or other guarantee of completion of the Facilities, the Facilities shall be completed at least thirty (30) days prior to the expiration of said bond or other guarantee. 2. Landowner shall maintain the Facilities in such condition that the Facilities properly operate, function and perform (as designed by a professional engineer) for their intended purpose(s), which maintenance shall include, at a minimum, all maintenance required by all laws and ordinances of the City, the maintenance plan attached hereto as Exhibit "C", all items set forth on the Maintenance Checklist (hereinafter defined), and such other maintenance as is customary in Baldwin County, Alabama with respect to substantially similar stormwater management facilities. As used herein, the term "Facilities" shall include, without limitation, all pipes, channels or other conveyances built to convey storm water to the Facilities, as well as all storm water structures, improvements, and vegetation provided to control the quantity and quality of storm water that discharges from the Property. In connection with Landowner's maintenance of the Facilities, Landowner shall follow and comply with the Storm Water Structural Control Maintenance Checklists attached hereto within Exhibit "C" and incorporated herein by reference ("Maintenance Checklist"). 3. Landowner shall inspect the Facilities and submit an inspection report every three years. Said inspections shall be conducted at the sole expense of Landowner by a professional engineer registered in the State of Alabama and Page 2 of 6 f reasonably acceptable to the City and which inspection report shall be dertified by said I engineer to the City, which form of certification shall be reasonably acp~ptable to the City. The first inspection report is due by December 31 st of the ~ year after completion of construction of the Facilities and subsequent inspection reports are due by December 31 st of every successive t • =Q year thereafter. Each inspection report shall detail the then-current state of effecti eness of the Facilities and shall note any deficiencies in the Facilities and/or any ortion or component thereof. The purpose of the inspection reports is to assure saf and proper operation and functioning of the Facilities. 4. Landowner hereby grants an irrevocable license to the City and its authorized agents and employees to enter upon the Property and to inspect the Facilities whenever the City deems necessary. The City shall provide Landowner copies of any inspection findings of the City. In the event the City finds any deficiencies in the Facilities, whether as a result of the inspection reports required under Paragraph 3 hereof or as a result of a City inspection conducted in accordance with this Paragraph, the City shall have the right, but not the obligation, to issue a written notice to Landowner of any such deficiencies. In the event the City issues any such deficiency notice, Landowner shall cure any such deficiencies within the time set forth for such deficiencies required by applicable law (whether federal, state, local or otherwise) and in any event within thirty (30) days of its receipt of such notice. 5. In the event Landowner fails to maintain the Facilities in good working condition acceptable to the City and in accordance with the terms and conditions hereof, the City shall have the right, but not the obligation, to enter upon the Property and take whatever steps are necessary to correct and bring the Facilities into good working condition and to charge the costs of such repairs to Landowner; provided, however, that in no event shall the foregoing be construed as to allow the City to erect any structure of permanent nature on the Property outside of the easement or other areas for the Facilities as shown on the Plat. It is expressly understood and agreed that the City is under no obligation to maintain or repair the Facilities and in no event shall this Agreement be construed to impose any such obligation on the City. 6. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, Page 3 of 6 supplies, materials, and the like, Landowner shall reimburse the City for all such costs and expenses within thirty (30) days of Landowner's receipt of the City's written demand therefore. Any sums not reimbursed to the City within said thirty (30) day period shall accrue interest at the rate of twelve percent (12%) per annum. 7. In the event of the employment of an attorney for the collection of any amount due hereunder or for the institution of any valid suit for the enforcement of any of the terms and conditions hereof, or on account of or for any other reason in connection herewith, Landowner covenants and agrees to pay and reimburse the City for its reasonable attorney's fees incurred in connection therewith. 8. This Agreement imposes no liability of any kind whatsoever on the City and Landowner covenants and agrees to defend, indemnify and hold the City harmless from and against any and all liability, loss, cost, damage and expense (including reasonable attorney's fees) in the event the Facilities fail to operate properly, whether as a result of improper design, maintenance or otherwise. 9. This Agreement shall be recorded in the records of the Probate Court of Baldwin County, Alabama and shall constitute a covenant running with the land, and shall be binding on Landowner and its successors and assigns with regard to any interest in the Property. 10. Landowner represents and warrants to the City that Landowner is the sole and absolute owner of the Property and is properly authorized to enter into this Agreement. 11. This Agreement shall be construed in accordance with the laws of the State of Alabama. 12. This Agreement may be executed in multiple counterparts by original or facsimile signatures, and each such counterpart shall be considered an original, but all of which together shall constitute one and the same agreement. 13. In the event of a default by Landowner hereunder, the City shall be entitled to all rights and remedies provided under applicable state law, including the right of specific performance. 14. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Page 4 of 6 15. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that all parties have contributed substantially and materially to the preparation of this Agreement. 16. Each notice, request, and communication required under this Agreement shall be in writing. It will be deemed to have been received: (i) on personal delivery; (ii) on the second business day after its deposit for overnight delivery with a recognized overnight delivery service; (iii) if by facsimile, on receipt of electronic confirmation of its receipt (but only if the facsimile is followed by delivery by United States mail); or (iv) if mailed, on actual receipt (but only if sent by registered or certified mail, with return receipt requested, addressed to the other party's address below): If to the City: City of Fairhope, Alabama Attn: Planning Director 555 South Section Street Fairhope, Alabama 36532 If to Landowner: RSA 135 South Union Street, Suite 228 Montgomery, Alabama 36104 Any party hereto may change its address for notice hereunder by giving notice to the other party in accordance with the foregoing. Any such change in address shall be effective ten (10) days following receipt of such notice by the receiving party. 17. Time is of the essence with respect to each obligation of the parties hereto under this Agreement. 18. The foregoing constitutes the entire agreement between the parties with respect to the subject matter hereof and may not be modified or amended except in a writing signed by all of the parties hereto. To the extent that this Agreement differs in any manner whatsoever from prior written or oral agreements regarding the subject matter hereof, or from any documents which are attached hereto, the terms and conditions of this Agreement shall control. Page 5 of 6 IN WITNESS WHEREOF, Landowner has caused this Agreement to be executed by and through its duly authorized representatives effective as of the date first set forth above. STA TE OF ALABAMA) COUNTY OF BALDWIN) Retirement Systems of Alabama By: _______________ _ Name: Steve Timms --------------- As Its: Director, Construction & Development I, the undersigned Notary Public in and for said County in said State, hereby certify that Steve Timms, whose name as Director of Construction & Development for Retirement Systems of Alabama, is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he, as such manager and with full authority, executed the same voluntarily on the day the same bears date for and as the act of said manager. Given under my hand and official notarial seal this __ day of ______ _ {SEAL} NOTARY PUBLIC My Commission Expires: ________ _ Exhibit List: Exhibit A -Description of the Property (Plat) Exhibit B -Copy of the Site Plan (General Layout) Exhibit C -Copy of Maintenance Plan Page 6 of 6 EXHIBIT A DESCRIPTION OF THE PROPERTY (PLAT) EXHIBIT 8 COPY OF THE SITE PLAN (GENERAL LAYOUT) EXHIBIT C COPY OF MAINTENANCE PLAN BATTLES TRACE SUBDIVISION PHASE 7 FAIRHOPE, ALABAMA TABLE OF CONTENTS I. INTRODUCTION II. GENERAL BEST MANAGEMENT PRACTICES (BMP) DISCUSSION Ill. OPERATION AND MAINTENANCE PLAN APPENDIX "A" -BEST MANAGEMENT PRACTICES PLAN APPENDIX "B" -INSPECTION AND MAINTENANCE CHECKLIST FORMS GM(; I. INTRODUCTION II. Proper installation and maintenance of stormwater and erosion control systems is necessary during construction of a development's infrastructure. However, it is also necessary that long term inspection and maintenance be performed by the future property owners of a development. The current owners and/or the future Property Owner's Association (POA) is responsible for being knowledgeable of and implementing this plan. The current responsible party for operation and maintenance is: Retirement Systems of Alabama 135 South Union Street, Suite 228 Montgomery, Alabama 36104 GENERAL BEST MANAGEMENT PRACTICES (BMP) DISCUSSION o SEDIMENT AND EROSION CONTROL BMP Erosion and the resulting sediment produced are problems associated with practically every residential land development. Land is constantly being disturbed and exposed to erosion. This can result in on-site damages such as gullied side slopes and washed out access roads. Off-site damage resulting from this erosion might include clogged drainage ditches, sediment deposits on adjacent property, and pollution of streams and lakes. Therefore, measures must be taken to protect land and water quality. Three primary functions of sediment and erosion control BMPs are to establish and protect vegetation, to trap sediment, and to control run-off water. BMPs used primarily to perform one of these three functions may also, to a lesser extent, perform one or more of the other functions. • VEGETATION The best and most cost-effective protection against soil erosion is a good vegetative cover. Vegetation dissipates the energy of rain and slows the movement of run-off water. Roots and organic matter hold the soil in place. Vegetation tends to increase water movement through the soil, thus reducing run-off. Existing vegetation, particularly on steep slopes and in natural drains, should be protected. Vegetation, which includes grass, small trees and shrubs, should be fairly easy to establish on fertile, gently sloping areas. Steeper slopes of less fertile soil are much more difficult to vegetate. These areas where vegetation is difficult to establish are much more susceptible to erosion. Temporary cover crops can be used until a permanent vegetative cover is planted. Several temporary cover crops can be planted at a time of year that is unfavorable for seeding permanent cover. Applying proper rates of lime and fertilizer is also essential. Mulch should be used on steep slopes and other areas where it is difficult to establish vegetation. Mulch reduces run-off, which allows water to infiltrate the soil. It also helps to hold seed, fertilizer and soil in place. • SEDIMENT CONTROL Practices for trapping sediment are used to retard or divert the movement of sediment. Several practices that may be used at this facility include the following: A) Hay Bale Barriers Hay bales can be used as dikes to slow or divert channel flow or as a perimeter filter barrier. Hay bales should be installed in a trench, staked and back filled if they are to be effective in reducing flow velocity and filtering sediment from run-off. Hay bales should be inspected after every storm. Erosion around bale edges, erosion under bales or any other signs of deterioration should be repaired immediately. Hay bales should not remain in place more than 12 months after installation unless it can be determined significant deterioration has not occurred. When used as a perimeter filter, sediment should be removed when material is within six inches of the top of any bale. B) Silt Fences Silt fences are temporary structures to catch sediment and prevent gully erosion in temporary channels during construction and in permanent channels which are unvegetated and temporarily unable to handle flows. Silt fences should also be installed where sediment from sheet flow could enter onto adjacent property. When installing, it is important the fabric material be anchored into a trench and back filled. Maintenance of filter fences is similar to that of hay bale dikes in that the fabric must be inspected and needed repairs implemented after every storm event. Sediment deposits should be removed when material reaches a depth of one-half the fence height. C) Sedimentation Basin A sedimentation basin is a reservoir which retains run-off long enough to allow sediment to settle out. A sedimentation basin represents one of the most important BMPs for run-off control. It is the last line of defense in a system of BMPs developed to prevent the run-off of contaminants from the development. Water enters the facility's sedimentation basin through a natural drainageway or a constructed channel and is released through an outfall structure. Accumulated sediment in this basin should be removed periodically to maintain effective storage volume. Maintenance should also include regular inspections of outlet structures, dike embankments, and the entrance points, to guard against erosion or blockages that could cause dike failure or damage during storm events. • RUN-OFF WATER CONTROL Methods for controlling run-off water at this facility may include the use of diversion berms and swales. Flow rates along these berms and within these 2 swales can be controlled by the use of energy dissipators and grade control structures. A) Berms Diversion berms act to stop run-on from adjacent property and direct run-off from the facility into the sedimentation basin or into natural drainageways or constructed channels which flow into the sedimentation basin. The diversion berms should be resistant to erosion from concentrated run-off and be of sufficient height to prevent overtopping. BJ Swales Swales act to stop run-off onto adjacent property as well as to direct the facility's run-off into the sedimentation basin. Any constructed swales should be vegetated to allow for sediment removal before the water reaches the sedimentation basin. The facility's natural drainage system has been used whenever possible. C) Grade Control Structures Where strong gradients may exist, constructed swales or drainage ditches should be protected from erosion by reducing flow rates. This can be achieved through the use of grade control structures such as check dams, rip rap or similar materials. These grade control structures create barriers to flow, decrease flow rates, increase sedimentation, and level channel/ditch gradients. o GOOD HOUSEKEEPING BMP Best management practices will also minimize the movement of many pollutants other than sediments. Those pollutants that are mixed in solution or are carried on fine grained sediments may pass through all BMPs and eventually reach downstream water bodies. Materials such as petrochemicals, pesticides and fertilizers are nearly impossible to control once they are present in run-off water. The only practical control option available is to prevent these pollutants from reaching run-off waters through the use of proper application techniques and good housekeeping practices. The use of many insecticides, herbicides and rodenticides is restricted by Federal or State law. These materials would be used rarely if not at all at this facility, but in the event that they are used, strict adherence to recommended practices will be observed. Water pollution may occur from fertilizers used to develop adequate vegetation on exposed ground surfaces. If fertilizers are to be used at this facility, applications will take place in periods of best plant generation and will not take place in times of bad weather. Measures will be taken to control on-site litter. On-site litter will be picked up and disposed of properly. 3 III. OPERATION AND MAINTENANCE PLAN The BMP Plan in Appendix A shows the erosion control plan and the permanent structures for the development. Temporary erosion control devices such as silt fence, hay bales, and wattles should be installed, maintained, and then removed by the construction contractor. Permanent structures such as inlets, pipes, ponds, and outfall structures must be inspected and maintained for the long term. The stormwater system components for this development have been designed to control the 100-year, 24-hour storm event. The components shown on the BMP Plan in Appendix A include the following: • Concrete Headwalls ■ Inlets • Storm sewer Pipes • Riprap at Outfall Pipe ■ Grass Buffers All of the above listed components are physically located within common area or drainage easements. All grass and landscaping inside or outside of the drainage/detention system will be the responsibility of the Landscape Maintenance Contractor hired by the developer or the Property Owners Association. In addition to the grass and landscaping, all other common areas (parking, curb, sidewalks, utility easements, building exteriors, etc. will be maintained by the developer or the Property Owners Association. The Inspection and Maintenance Checklists located in Appendix B give the inspection intervals/frequency for the above referenced stormwater management components. As required by and more accurately described in the "Stormwater Facility Management Agreement", the developer or POA must inspect and submit an inspection report every three years. These inspections shall be performed by a Professional Engineer registered in the State of Alabama. The first inspection report shall be submitted by December 31 of the third year after the completion of construction. Subsequent inspection reports shall be submitted by December 31 of every successive third year; failure to perform the required maintenance and/or file the required inspection reports could result in enforcement action (See City of Fairhope Subdivision Regulations, Article V, Section F (3) for more information). The Inspection and Maintenance Checklists found in Appendix B give a very detailed description of items that need to be observed and considered for each stormwater system component. In general, 1) all pipes and inlets will be inspected for sediment and debris, 2) the pond will be inspected for excessive sediment and vegetative growth, 3) all pipes, inlets, curbs and asphalt will be inspected for damage or undermining. Trash, sediment and other pollutants removed from the components will be disposed of in a permitted Solid Waste Disposal Facility. If the amount of material is one cubic yard or less, it will be deposited in the onsite dumpster. If the material is greater than one cubic yard, it will be hauled directly to an approved disposal facility. 4 APPENDIX "A" BEST MANAGEMENT PRACTICES PLAN APPENDIX "B" INSPECTION AND MAINTENANCE CHECKLIST FORMS Buffers Inspections and Maintenance Checklist Site Name: ________________ _ Owner change since last inspection? Y □ N □ Location: Owner Name: Address: ____________________ _ Phone Number: --------- Site Status: --------------------------------- Date: __________ Time: _____ _ Inspector: Inspection Frequency Key: A-Annual; M-Monthly; S-After Major Storms (>2" in 24 hrs) 111 C: >, (',• CJ "C C: 0 CJ «I(',• -111~ Inspection Items ·-C: .... 0 C: "C 0 Comments/Descriptions .... 111 CJ ::i CJ z 111 111z 111 0-111-C: "C iii o. rn 0. 111 rn 111 ·-111 111 en ._ .E?::. «I 111 >-.f LL :ii: z - Vegetation Surrounding area fully stabilized? (no M evidence of eroding material into buffer) Grass mowed (if applicable-Zone 2 onlv)? M Veqetation healthy? M Zone 1 is undisturbed M Level Spreader Veoetation is healthy Lip of spreader shows no siqns of erosion M Sediment noted in spreader? M Inspector Comments: Overall Condition of Buffer: □ Acceptable □ Unacceptable If any of the inspection items above are checked "yes" for "maintenance needed," list maintenance actions and the completion dates below: Maintenance Action Needed Due Date The next routine inspection is scheduled for approximately: (Date) Inspected by: (signature) ________________ _ Inspected by: (printed) Project: Battles Trace at The Colony Phase VII Location: Fairhope, AL Contractor: Hill Brothers Client: Developer GeoCon Engineering and Materials Testing, Inc. 22885 McAuliffe Drive Robertsdale, Alabama 36567 (251) 947-1035 Job#: JG 1472-20 Date: 5/27/2020 Weather: Cloudy Max Dry Density Optimum Std/Mod Proctor# (lbs/pcf) Moisture (%) Proctor 2 120.8 9.3 Mod 3 124.4 9.3 Mod Layer Tested: Base Material Type: Red Silty Sand Test# Location of Test 1 Road A, Station # 0+50, RCL 2 Road A, Station # 4+00, LCL 3 Road A, Station# 7+00, RCL 4 Road A, Station # 11 +00, LCL The above tests only represent the top 8 inches of the exposed soils at the specific test location at the time of testing. Notes: Tested By: MH Moisture (%) 10.4 9.8 9.9 10.0 Dry Density Proctor# Relative% %Compaction PASS/FAIL (lbs/pd) Compaction Required 124.0 3 100 95 Pass 121.5 3 98 95 Pass 120.6 2 100 95 Pass 120.8 2 100 95 Pass ·compaction Equipment Used: Vibratory Smooth Drum Roller ')~~-Reviewed By: ~:,_...-c--=~=/==7?:=:=../✓-====;,s&d!:o=n=eJ.5C•h=!r=is=ti==an=,=P=.E=.====== Particle Size Distribution Report C: C .S C: 0 0 0 .£ .S .S ~ c; ·-0 0 0 0 0 0 ..,. 0 -;: ~ ·-a:, .t i N "' ..,. <O i :;;: N :;: -.. .. .. .. .. (D "' N ~ -"' 100 I i l II I II ! 11 I .1i\ l I I II l l I I I i I I I I I I I I I I I I I 90 I n II I I I ~ I I 11 l I I I I I I I I • I I I I I i I 80 I ;r -, I II 11 n . '1 1 1\1 I I I I I I ! I ! I I I I I I ,, I I 11 I, I I I I I I 70 I I \: 0:: I I I I I I I I I I i I I I i LLI I 11 I I 11 I !1 I I II z 60 1--1---- u: I I I I I i I I I I I 1\1 I i I ' f-I I I l I I I I I I I I I I z 50 ) I : ; I I i I I I I I I , . I I I LLI I u I /. I I I I I I I I I I I I I I I 0:: 40 I ,I ,I I II I I I I I I ii LLI a. I 'I I I I I I I I I I I I I I I I 30 I I\ I II I ' II I! I ! I I l I I I I I I I ! I I I I I t, I I I 20 I II I ; II I I I I •I I I I I I I I I I I I I I I I I I i i I I Ii I !: I !: 11 I I I i 10 I I ' I I I I I I I I I ! I I, I I I I I I I I 0 i I I I Ii I Ii I 111 I, Ii· I I I ! I 11 i I 100 10 1 0.1 0.01 0.001 GRAIN SIZE -mm. % Gravel ·-J-----, %Sand % Fines '"·-------~-------% +3" 1 ·,· I T ---~--.,-_ .. _____ , Coarse Fine , Coarse 1 Medium Fine Silt Clay 1 I 70.4 I 26.8 TEST RES UL TS Material Description 1------- Opening Percent Spec. • Pass? Tan Silty Sand Size Finer (Percent) (X=Fail) #40 97.2 #60 87.3 Atterberg Limits (ASTM D 4318) #200 26.8 PL= LL= Pl= Classification uses (D 2487)= SM AASHTO (M 145)= Coefficients D90= 0.2778 D55= 0.2318 D50= 0.1320 D50= 0.1I04 D30= 0.0791 D15= D10= Cu= Cc= Remarks Date Received: Date Tested: 5/16/2020 Tested By: DR I Checked By: JJC - I Title: -- " (no specification provided) Location: Point Clear, AL Date Sampled: Samnle Number: I GeoCon Client: Developer 1 Project: The Colony@ Battles Trace Ph 7 Robertsdale. Alabama Proiect No: JG 1472-20 Finure COMPACTION TEST REPORT Curve No.: 2 Project No.: JG 1472-20 Date: 5/28/2020 Project: The Colony@ Battles Trace Ph 7 Client: Developer Location: Point Clear, AL Sample Number: 2 Depth: Base Remarks: MATERIAL DESCRIPTION Description: Red Silty Sand Classifications - Nat. Moist. = Liquid Limit= uses: sM Maximum dry density 120.8 pcf Optimum moisture 9.3 % MSHTO: Sp.G. = 2.65 Plasticity Index = % < No.200 = 13.0 % TEST RESULTS 140 i \i \ Test specification: ' : r-l;t; ASTM D 1557-00 Method A Modified \:\1-\ ' 130 ! ~.\J'\ ' !\.~ : ' ' '\ ! r-;-. '\. --- ---,---+x i I\. ' "' !'\ i i 120 )-.. I'\. '\. i cf n 1 : '\.. i'\~ 100% SATURATION CURVES ..... g_ 110 2::-·oo C a, -0 ~ 100 0 90 t-~-+ ) t· i-/ , I ' i , ___ -j ' . ; ! ' i - ' --+ f·--· 1-·--· -· :o V --.----- I ! i _, f -- "'-..L " : " i I ' ! i ' i i i i ! ! ' ' i i ' ' i i ...... ·····- "\., FOR SPEC. GRAV. EQUAL TO: 1'. - ~ 1'. ' -2.8 I '-l, 7' b>.-------2.7 2.6 : 'x l's.. I "' I"\ I"\ 1'. l'-s,.i",. I 1'N" I j : l"--.1" ~ i +i I I" "f,,_J"-. i ! ! 'l -'-.J"-,_ ! I i ,'"--L ', i i ' ' ! ft ,1'----.., • ' i i ,N"-' . I ,_ j_ i I "-l' ,l'---.. ---- ' i i ; ' ,1-.....__ :-r-... -I I -•--••j•m.-••• '---~ ___ L_ ' i ' I . ~ , ____ ,----------····f··· ·-----,i'--... 80 I ! I, ......... ..... I ' I ! ' ' ------·-t---· --------···--···--------------------------·1·-t--+7-1----1---------... -. -----~i:~ -·· .... ----····--------,..-.... -· ... --·-: :R~=--1--- -----· ---.... _,,_ 1-· 1-------f+---·----- i'-"" -----1-1-· ,._ -------·--------,_ ,---·-----,--·-i--r7-· -----... ---_,. ! 70 0 5 10 15 20 25 30 35 40 Water content, % Figure .._-------------------GeoCon--------------------' Tested By: ~W~S _________ Checked By: _JJ~C ________ _ Particle Size Distribution Report C: c:: .S C: 0 0 0 .S .£ .S ~ C: ·-0 0 0 0 0 0 .,. 0 ; ~ ·-"° .,. .;: N M .,. (D .;: .;: N <D M N ~ ~ ~ .. .. .. .. .. .. 100 I ) I I II !I I II I II I I II I I I I 11 I I l I I I I I I I I I I I 90 r II I I II I r1 II I I I I II I I I. I I I I I I I I ! ! I I r I I I I 80 ! I ,, I I I II I I I I I I I I I i I l I r I ! I I I I r I Ir Ir I I I " j I I I 70 <.. a::: I I I I I I I i I I ! I i I UJ I Ii I I I II I ii I I i Ii z 60 I I I I 11 ! I I :\ I I I I LL I i r ,_ I I I • I I I I I r I I I I I I z 50 I I I I I I I I I I I i r, UJ I I ,. l) I I I I I I I I I \I I I ! I a::: 40 -,___ +--··-\ I! I II I II II II I ~ I I II I UJ II a.. I I I I I I I I: I I I I I I I 30 I 11 II I I 'I I I 1 I I I I I I I I I ! I I I ,1 ! I I ! '· ! I -1 20 I ,, I II I I I N I ! II I I I ! I I I I I ~JJ. i I i1 Ir I I 11 11 I r I r h-10 I I i I I I I I ! I I I I ! I I r r I 0 I I •i I !I I 11 11 I I ! I ! i II 100 10 1 0.1 0.01 0.001 GRAIN SIZE -mm . % Gravel ¾Sand ... . _._J_ __ ··------~··--% Fines % +3" --,--------·---~-L •••• ·-------------·r---------Coarse I Fine Coarse 1 Medium Fine i Silt Clay ! 56.5 I 13.0 TEST RESULTS Material Description Opening Percent Spec. • Pass? Red Silty Sand Size Finer (Percent) (X=Fail) #40 69.5 #60 35.6 Atterberg Limits {ASTM D 4318} #200 13.0 PL= LL= Pl= Classification uses (D 2487)= SM AASHTO (M 145)= Coefficients Dgo= Das= Dao= 0.3713 D50= 0.3201 D30= 0.2210 D15= 0.1126 D10= Cu= Cc= I Remarks Date Received: Date Tested: 5/28/2020 Tested By: WS Checked By: JJC Title: • (no specification provided) Location: Point Clear, AL Date Sampled: S11mDIA NumhAr' 2 DADth: Base GeoCon Client: Developer Project: The Colony @ Battles Trace Ph 7 Robertsdale, Alabama Pr,..iact No: JG 1472-20. Finure COMPACTION TEST REPORT Curve No.: 3 Project No.: JG 1472-20 Date: 5/28/2020 Project: The Colony@ Battles Trace Ph 7 Client: Developer Location: Point Clear, AL Sample Number: 3 Depth: Base Remarks: MATERIAL DESCRIPTION Description: Red Silty Sand Classifications - Nat. Moist. = Liquid Limit= uses: sM Maximum dry density 124.4 pcf Optimum moisture 9.3 % AASHTO: Sp.G. = 2.65 Plasticity Index = % < No.200 = 15.6 % TEST RESULTS 140 _____ ] i i i\ \i. 1\ Test specification: )._ i '\1 ASTM D 1557-00 Method A Modified i \l '\ '\. ····i I'\. ' ]',,_ 130 i : '\ '\.! \. ' !'\. \, : i i i I ' '\i 1' i'\. i I A- i irr' i I 120 ,:Jt 'nt\.'_.'' v: 1', ! : i u I i fJ'\. '-I':-~ 100% SATURATION CURVES -u 110 C. ;:;. "cii C Q) "O ! + " ,t,.,, FOR SPEC. GRAV. EQUAL TO: -----~- I r-------" " 2.8 ~-1---! -2.7 i i i'' ~ ~ 2.6 i ,, ,])..--- I i I I I i " 1'..1"- i it~ ~ l'-.. ' i i i I "'i',_ l"-1 "' I ~ 100 0 I i ! I I I',.;" "' i i i I \'-., '\,.,.~. I : --- i i '-\._ h.. ····j ·. i i I 7',... 1'-...l '' ! ---- L i i i "'-' ,7'-... -l __ 90 i : i I ! i ,N",.,_ ! j i ,~, : : i I i '~ '--, 80 ---······ ---__ ... -------------··-----.... --------·-·-----1--1---------·-"------+~ ..... '-.. ' I --·--t-·t- .......... _'""!-.....,1"-,. ......... . ... _ _._ ···-·-------------,--e--------,----f------''N" ! I - -~---. -------1---,---f---+-14-+-e----i--- ---------1--,__ -------....... ---+-+-------._,, ___ ---...... -------· 1---- e---1--r----- ., ____ ~---------_, ___ -------........ "···-1----- =+-.-------··-·· ..... ·--e---------f--r-f--1-f----------1-t·------- i i 70 0 5 10 15 20 25 30 35 40 Water content,% Figure r.....-------------------GeoCon-------------------....1 Tested By: ~W~S _________ Checked By: =JJ,.__,C,.___ _______ _ Particle Size Distribution Report c c .S c 0 0 0 .£ .S .S ;; C: ·-0 a 0 0 a 0 'St 0 ;. ~ ·-"' "" N "' 'St i :,;: N <O "' N ~ 'j::_ ?i .. .. .. .. .. .. .. 100 ! 1 11 I /I : 1: I II II \I I \1 I I I 1j fl I I I I I I I I I I i I I I I I 90 I I I II I --r-11 II I I l l .I I I I : I I I I I I I I I I I ! -+ I 80 II I II n I I I I I I I I. I I I ~ I I I I I I Ii: I I Ir 11 I I l1 i I I 11 I 70 -· I 0::: I ! I I I I I I I ;\ I I I I I w .l I i 11 I I 11 I I I Ii I z 60 I ' u:: I I I I I i 1 I I i I I I I I 11 I I I I I I I I I I I I f-I I z 50 I I I I I I I Ii I I ~i I I I w I (.) I I ,1 I I • I I I I i I I I 0::: 40 I II II I I II II II i ,, I I II i w a.. I I I ! I 11 I I I I I I \i I I I 30 I II I II I II II l I ~: I I I I I I I I I I I I i I I I 20 II I I! 1 I I ~'I I I I I i I I • I I I I I I I i ' ~ i I 1I I I 11 11 / Ir I I I I '1 10 ···- I I I I I I I I I I: I I I I I I I i I i I I 0 I I Ii I 11 I iii II I 11 I I I I I I i 100 10 1 0.1 0.01 0.001 GRAIN SIZE -mm. % Gravel % Sand % Fines ,, __ ·--~ %+3" ----· , ... --~-•--r-----------· ------.. ·---~--~-------------· Coarse : Fine Coarse I Medium Fine Silt I Clay -I 57.5 i i I i 15.6 TEST RESULTS Material DescriRtion -· j I . Opening Percent Spec. Pass? Red Silty Sand i Size Finer I (Percent) (X=Fail) #40 73.1 #60 43.6 Atterberg Limits {ASTM D 4318) #200 15.6 PL= LL= Pl= Classification uses (D 2487)= SM AASHTO (M 145)= Coefficients D90= 0 ss= D50= 0.341 I D50= 0.2846 D30= 0.1716 D15= D10= Cu= Cc= Remarks Date Received: Date Tested: 5/28/2020 Tested By: WS Checked By: JJC Title: . (no specification provided) Location: Point Clear, AL n ... n+ Samnl1=1 Numh•r: 3 h· Base Date Sampled: GeoCon Client: Developer Project: The Colony @ Battles Trace Ph 7 Robertsdale. Alabama Proi1=1ct No: Tn 147?-?0 Fiaure GeoCon En!!i111•,·ri11!! 8. Mali-rials T1•;;1inir, In,·. 22885 McAuliffe Drive Robertsdale, Alabama (251) 947-1035 CONCRETE COMPRESSION TEST REPORT Project# JG 1472-20 Set#I 4173 Notes: Project Name Battles Trace @. The Colony Ph VII Location Fairhope, AL Client Developer c·ontractor Ammons & Blackmon Construction Test Data (ASTM C39) Sample Date Age Dimensions Area Load Correction Compression Strength % Design Number Tested (days} (in} (in2) (lbf) Factor (psi) Strength A 5/22/2020 7 4x8 12.57 44,440 1.0 3,540 118 B 6/12/2020 28 4x8 12.57 63,360 1.0 5,040 168 C 6/12/2020 28 4x8 12.57 64,980 1.0 5,170 172 D 6/12/2020 28 4x8 12.57 62,110 1.0 4,940 165 E Hold 28 Dav Average 168% Concrete Mix Information Slump Requirement (in} 1-3 Slump Tested (in) 2 Air Requirement(%) NIA Air Tested (%) NIA Supplier USA Ready Mix Ambient Temperature (°F) 79 Supplier Mix Number 1570870 Sample Temperature (°F) 82 Design Strength (PSI) 3,000 Delivered Mix Strength (PSI) 3,000 Water Added at Job Site NIA Admixture NIA Sample Date 511512020 Time Batched 7:51 AM Sets Made This Day 1 Time Cylinders Cast 10:20 AM Truck/Ticket Number 7721 I I 73433889 Field Technician cc Placement Location Curb, Radius at 0+00, RCL & LCL on Road A Comments: Submitted by, GeoCon, Inc. ~r~ GeoCon Enµ:i111·1·rinl,( & l\latrrials T1•,-1ing. 1111·. 22885 McAuliffe Drive Robertsdale, Alabama (251) 947-1035 CONCRETE COMPRESSION TEST REPORT Project# JG 1472-20 Set#I 4248 Notes: Project Name Battles Trace @ The Colony Ph VII Location Fairhope, AL Client Developer Contractor Ammons & Blackmon Construction Test Data (ASTM C39) Sample Date Age Dimensions Area Load Correction Compression Strength % Design Number Tested {days) (in) {in') (lbf) Factor (psi) Strength A 6/24/2020 7 4x8 12.57 46,810 1.0 3,720 124 B 7/15/2020 28 4x8 12.57 71,930 1.0 5,720 191 C 7/15/2020 28 4x8 12.57 76,160 1.0 6,060 202 D 7/15/2020 28 4x8 12.57 69,650 1.0 5,540 185 E Hold 28 Dav Averaae 193% Concrete Mix Information Slump Requirement (in) 1-3 Slump Tested (in) 3 Air Requirement(%) NIA Air Tested (%) N/A Supplier USA Ready Mix Ambient Temperature (°F) 81 Supplier Mix Number 1570870 Sample Temperature (°F) 84 Design Strength (PSI) 3,000 Delivered Mix Strength (PSI) 3,000 Water Added at Job Site NIA Admixture N/A Sample Date 6/1712020 Time Batched 8:58 AM Sets Made This Day 1 Time Cylinders Cast 10:15 AM Truck/Ticket Number 2009 I I 73476154 Field Technician DH Placement Location Inlet Throats at Station 2+ 75, 3+25, 5+50, 7+50 and 9+50 "-----~- Comments: Submitted by, GeoCon, Inc. ~ ~ ~? ;;:_ --.. /;~· Christian, P.E. y GeoCon Enginl'ering & !\larrrials T1•;..tinµ;. In€'. 22885 McAuliffe Drive Robertsdale, Alabama {251) 947-1035 CONCRETE COMPRESSION TEST REPORT Project# JG 1472-20 Set#I 4270 Notes: Project Name Battles Trace@ The Colony Ph VII Location Fairhope, AL Client Developer Contractor Ammons & Blackmon Construction Test Data (ASTM C39) Sample Date Age Dimensions Area Load Correction Compression Strength %Design Number Tested (days) (in) (in 2) (lbf) Factor (psi) Strength A 6/26/2020 7 4x8 12.57 46,010 1.0 3,660 122 B 7/17/2020 28 4x8 12.57 73,770 1.0 5,870 196 C 7/17/2020 28 4x8 12.57 72,180 1.0 5,740 191 D 7/17/2020 28 4x8 12.57 73,120 1.0 5,820 194 E Hold 28 Dav Averaae 194% Concrete Mix Information Slump Requirement (in) 1-3 Slump Tested (in) 5 Air Requirement(%) N/A Air Tested(%) N/A Supplier USA Ready Mix Ambient Temperature (°F) 82 Supplier Mix Number 1570870 Sample Temperature (°F) 86 Design Strength (PSI) 3,000 Delivered Mix Strength (PSI) 3,000 Water Added at Job Site N/A Admixture N/A Sample Date 6/17/2020 Time Batched 11 :00 AM Sets Made This Day 1 Time Cylinders Cast 11 :50 AM Truck/Ticket Number 1842 I I 73481108 Field Technician ws Placement Location Inlet Top on Road A, LCL at Station 2+ 75 ---.. ·--·- Comments: Submitted by, GeoCon, Inc. n, ..,---2..~ ~·~-~- ------//Jr.Christian, P.E. V Video Pipe Inspection Report for i II I Upstream MH: SSMH-82-2.2 UPMH Depth: Surveyor's Name: James Tran System Owner: Drainage Area: City: Fairhope Pipe Segment Ref.: Sewer Use: Sanitary Flow Control: Material: Polyvinyl Chloride Media Number: Pre-Cleaning: Jetting Date: 7/21/2020 Time: 8:45 AM Cleaned: 7/20/2020 Year Laid: Year Rehab.: Ftg. Code Description Smith Industrial Service 2001 W. 1-65 Service Road N. Mobile, AL 36618 Phone: (251) 471-4315 Fax: (251) 473-6315 Toll Free: (800) 269-4315 Downstream MH: SSMH-82-2.1 DNMH Depth: Certificate Number: U-714-70304888 Survey Customer: Hill Brothers Purchase Order#: Street Address: Colony Dr Location Details: Direction: Downstream Shape: Circular Ln. Method: Purpose: Pre-Acceptance Weather: Dry Height: 8 Measurements: Width: Rim to Invert: Joint Length: Grade to Invert: Total Length: 136 Rim to Grade: Len. Surveyed: 137.5 Sewer Category: Position Comment U/D I I I \ ·,,o.o AMH Access Point-Manhole Starting Manhole: SSMH-82-2.2 \ \ \ •o.o MWL Water Level '25.4 TF Tap, Factory Made 9 '35.3 TF Tap, Factory Made 3 - 0 94.1 TF Tap, Factory Made 9 99.0 TF Tap, Factory Made 3 0 137.5 AMH Access Point-Manhole SSMH-82-2.1 Generated on Thursday, 7/23/2020 at 03:47 PM by the Pipe Tech® TV inspection system. FINAL PLAT CHECKLIST 1 Last updated 7/28/2020 Date of review: 8/3/2020 Project: SD 20.41 Battles Trace, Phase 7 The following review checklist is derived from various components of the City of Fairhope Zoning Ordinance, City of Fairhope Subdivision Regulations, and/or staff recommendations. Additional comments may be depicted on “marked-up” plans. Level of acceptance is indicated with an “x” in the checkboxes below. Missing or outstanding items, or items requiring revision and resubmission are further described in the comments section of each item. All comments are indicated in bold italic text. Final Plat Submission Requirements Article IV, Section D.3. Staff Review 3. Staff Review – Applicants for a final plat shall first submit the final plat and plans to the Planning Director and/or his/her authorized agent for staff’s review. The Director shall determine if the submittals meet all of the requirements of Section D.1., above. Incomplete, partial, or inaccurate submittals will not be accepted, but will be returned to applicant for re-submission for a later hearing. Staff shall review the application and provide comments to the applicant. Following staff review and comments the applicant shall make a formal application for submittal to and review by the Planning Commission. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Cross Reference: Article IV, Section.D.1.b.(19) Final Plat and Final Plans Final Plat Review Commentary: This section may be invoked if the application for final plat is incomplete or contains errors that rise to the level that the application is recommended for denial, tabled, or held over to a future meeting. Comments: Article IV, Section D.1. Two (2) copies of the final plat and all plans for initial final plat review. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section.D.1 Final Plat Application Checklist ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section.D.1.a. Maintenance Bond a. Either a financial guaranty (in the form of a maintenance bond) in an amount and form acceptable to the City Council as a guarantee for the installation of required improvements or the determination of the City's General Superintendent that all required improvements have been installed to the City's requirements. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Final Plat Review Commentary: The maintenance bond amount will be 30% of the total cost of the schedule of values prepared by the engineer of record (see Fairhope Municipal Code 19-2(f) bond requirements). The maintenance bond will be for two years and include a City of Fairhope bond form with the surety information attached. Also, a Maintenance and Guaranty Agreement, also on a City of Fairhope form, must be included (signed by the applicant) and will be executed by the Mayor after final plat approval at the time the City Council accepts the dedication of all the infrastructure into the City. Note the contractor installing the improvements may be a co-principal for the maintenance bond but the developer must also be at least a co- principal. (the developer provides any performance bonds if available). Comments: I I I I I I I I FINAL PLAT CHECKLIST 2 Last updated 7/28/2020 Article IV, Section.D.1.b.(1) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (1) Location of all blocks and lots with numbers in final numerical order. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments Article IV, Section.D.1.b.(2) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (2) Sufficient data to determine and reproduce on the ground the location, bearing, and length of every road line, block line, boundary line, building line shown to nearest 1/100 foot and bearings in the nearest 15 seconds. Includes radius of arc, central angle, length of tangent and length of curve for the centerline of roads and streets and for all property lines. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Final Plat Review Commentary: The final plat itself should satisfy this requirement. Comments: Article IV, Section.D.1.b.(3) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (3) Storm water culverts and appurtenances, their sizes and locations. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Final Plat Review Commentary: The as-built drawings should satisfy this requirement. Comments: Article IV, Section.D.1.b.(4) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (4) Street Tree Plan shall be submitted showing the location of all planted street trees. ☒N/A ☐Accepted ☐Revise and Resubmit per comments Final Plat Review Commentary: The Horticulturalist must conduct an inspection and provide a list of review comments or punch list of any trees that were installed (usually in common areas) that require replacement. See Article V, Section D.5.a.(8) for an explanation of the performance bond process for street trees not installed at the final plat stage. Comments: Article IV, Section.D.1.b.(5) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (5) Final plans and calculations for utility layouts. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Final Plat Review Commentary: The as-built drawings should satisfy this requirement. Comments: Article IV, Section.D.1.b.(6) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (6) Location and descriptions of monuments at block corners and iron pins at lot corners. ☐N/A ☒Accepted ☐Revise and Resubmit per comments I I I I I I I I I I I I FINAL PLAT CHECKLIST 3 Last updated 7/28/2020 Comments: Article IV, Section.D.1.b.(7) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (7) Delineation on plans or plat of clear sight triangles as required by Article V., Section D.5.b.(5). ☒N/A ☒Accepted ☐Revise and Resubmit per comments Cross Reference: Article V., Section D.5.b.(5). The final plat process assumes this item was reviewed at the preliminary plat stage and the preliminary plat approval is mirrored in the final plat request. Comments: No street trees installed Article IV, Section.D.1.b.(8) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (8) Owner and Lien-Holders Certificates of Dedications for Streets or other public use. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section.D.1.b.(9) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (9) Where streets stubs are provided, said stubs shall provide access to abutting properties. The applicant shall include a note on the plat providing notice that said stub shall provide future access to abutting properties. ☒N/A ☐Accepted ☐Revise and Resubmit per comments Final Plat Review Commentary: Cross-reference Article V, Section D.3.e. and note the street stub signage requirements. Comments: Article IV, Section.D.1.b.(10) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (10) Certificate for Planning Commission Approval. ☐N/A ☒Accepted ☒Revise and Resubmit per comments Comments: Article IV, Section.D.1.b.(11) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (11) Surveyor’s Certificate on Plat, Engineer’s Seal and Certificate on Plans. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section.D.1.b.(12) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (12) Provision for Recording Certificate. ☒N/A ☒Accepted ☐Revise and Resubmit per comments Final Plat Review Commentary: Currently, recording stamps are an adhesive decal applied to the plat and a dedicated space on the plat for the recording stamp is not necessarily required so long as the plat contains sufficient space for the recording stamp decal. Comments: I I I I I I I I I I I I FINAL PLAT CHECKLIST 4 Last updated 7/28/2020 Article IV, Section.D.1.b.(13) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (13) Signature blocks for all utility providers. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section.D.1.b.(14) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (14) Certificate for County Engineer’s approval for extra-territorial plats. ☒N/A ☐Accepted ☐Revise and Resubmit per comments Cross Reference: Article V, Section A. When lands proposed to be subdivided lie outside the corporate limits of the City, the minimum design standards of Baldwin County shall apply when such standards are more restrictive than those of the City. All approvals of the Commission shall be subject to the more restrictive requirements of Baldwin County and the approval of the County Engineer shall be a condition precedent to approval for construction of improvements. Not applicable inside the city limits. Comments: Article IV, Section.D.1.b.(15) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (15) Site data table box including but not limited to: • Total acreage of site • Acreage of common area(s) • Total number of lots • Gross Floor Area of Buildings • Site Density • Number of units proposed. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section.D.1.b.(16) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (16) Digital or video image(s) with date and time stamp of storm drains to ensure drainage structures are undamaged and free of debris and sediment. ☐N/A ☐Accepted ☒Revise and Resubmit per comments Comments: no stormwater video provided Article IV, Section.D.1.b.(17) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (17) Maintenance Plan for maintenance of detention facilities during development and documents providing for continued maintenance after completion of development and sale of all lots. Such documents running as a covenant with the lands. Note the five (5) year inspection cycle in lieu of three (3) years. ☐N/A ☐Accepted ☒Revise and Resubmit per comments Cross Reference: Article V, Section F.3.a.(3) The Final Plat application will include a Stormwater Operations and Maintenance Agreement within which the Maintenance Plan is included. Comments: amend to 5th year I I I I I I I I I I FINAL PLAT CHECKLIST 5 Last updated 7/28/2020 Article IV, Section.D.1.b.(18) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (18)The engineer shall perform the supervision of construction, the final plat shall have the following engineer’s certification: “ENGINEER’S CERTIFICATE” “I, the undersigned, a Registered Engineer in the State of Alabama holding Certificate Number ______, hereby certify that I have designed the within improvements in conformity with applicable codes and laws and with the principals of good engineering practice. I further certify that I have observed the construction of the within improvements, that the same 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 Certificate Applies Plans which are certified consist of Page _____ thru _____, each of which bears by seal and signature.” ☐N/A ☒Accepted ☐Revise and Resubmit per comments Final Plat Commentary: This statement must be included on the Final Plat, on the cover page of the As-Built drawings, and on the cover of the Stormwater Operations and Maintenance Agreement. Comments: Article IV, Section.D.1.b.(19) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (19) All final plans submitted on a digital copy of all plans in an ADOBE PDF format. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Final Plat Review Commentary: 8 copies of the preliminary plat (reflecting any revisions) on 11x17 paper are required for inclusion in the Planning Commission packets. If any revisions to as-built drawings are required, one set of full-size as-built drawings is required as well. All drawings are also required in electronically in Adobe pdf format. Comments: Article IV, Section.D.1.b.(20) Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (20) ESRI ArcMap Shapefiles including, but not limited to locations of: street centerlines, sidewalk centerlines, curb lines (including back of curb), property corners, lot lines, and edge of pavement. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section D.2. Phased Plats 2. Phased Plats – A final plat that includes only a portion of the land area of an approved preliminary plat shall correspond to the phase lines on an approved preliminary plat. I I I I I I FINAL PLAT CHECKLIST 6 Last updated 7/28/2020 ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section D.4. Final Inspections 4. Final Inspections – Applicants shall submit a letter of verification prepared by the Applicant’s engineer certifying that all punch list items from the final inspections have been satisfactorily completed. A fee of $1,000.00 will be charged for all re-inspections caused by incomplete punch lists. ☐N/A ☐Accepted ☐Revise and Resubmit per comments Final Plat Review Commentary: Due to the time required to complete punch list items, it may be necessary to reflect completion of punch list items as a condition of approval. The Final Plat won’t be signed until all punch list items are complete to the satisfaction of the various city departments and the letter mentioned above is furnished. Comments: For applicant’s information. Article IV, Section D.7. Recording 7. Recording – Applicant is responsible for recording of Plat and approval shall be null and void if the Plat is not recorded within sixty days after the date of final approval; provided, however, that the Commission may, on finding of good cause, extend that sixty day period. The applicant shall provide a copy of the recorded plat; failure to do so shall result in the denial of the issuance of the building permits within the subdivision. ☐N/A ☐Accepted ☐Revise and Resubmit per comments Comments: For the applicant’s information. Article V, Section D.3.e. Street Standards – Street Layout a. Access to Adjacent Property - Street connections to abutting properties shall be provided at least at intervals not to exceed the maximum block length specified in Section D.4., by extension of a paved street that meets City construction requirements to the boundary of the abutting property. A temporary turnaround shall be provided for those streets subject to the following: (1) A circular turnaround with a diameter of 30 to 42 feet. If a center island is provided in the turnaround, the outside diameter shall be 45 feet with a 20 to 24-foot lane maintained at all times. Circular turnarounds may be designed to incorporate a future traffic circle or roundabout, as provided in Article V., Section D.5.h., when future streets will intersect at that point. (2) For extensions serving 5 lots or more, a cul-de-sac shall be required. Permanent dead-end streets shall not exceed 1,320 feet (1/4 mile) in length. Permanent dead-end streets with a pavement width of 20 feet or less shall be provided with a turnaround having a roadway diameter of at least 70 feet and a right- of-way diameter of at least 100 feet. Permanent dead-end streets with a pavement width of more than 20 feet shall be provided with a turnaround having a roadway diameter of at least 80 feet and a right-of-way diameter of at least 100 feet. At non-permanent dead-end street, provide a temporary turn-around with at least a 70’ diameter constructed with an all-weather surface. (3) For street extensions serving four or fewer lots, no temporary turnaround is required. (4) All access streets to adjacent property that are not connected at the time of the improvements shall be posted with a stop sign blank reading "Future Through Street.” The sign shall be posted by the Subdivider. ☒N/A with comments ☐Accepted ☐Revise and Resubmit per comments Final Plat Review Commentary: This item is reviewed at preliminary plat but is also included in the final plat checklist to make certain any street stubs have the “Future Through Street” sign installed as required by item (4) above. The public works review comments should note any missing ‘future through street” signs and clearly identify their locations. Comments: I I I I I I I I FINAL PLAT CHECKLIST 7 Last updated 7/28/2020 Article V, Section D.3.f. Street Standards – Street Layout a. Street Lights - Street lights are to be paid for or installed by the developer at the time of development. Street lights shall be approved by the Planning director and/or his/her authorized agent and the Electrical Superintendent. Pole height shall be no more than 15 feet from finished grade. The type and style of lights and poles will be determined and agreed upon by the developer and the utility provider. All other approvals, including the design layout of street lights, will be granted by the electrical superintendent. The utility provider shall be responsible for the installation and maintenance of the street lights. Outside the City of Fairhope, the homeowner’s association will be responsible for the maintenance, if applicable, and energy costs of the lights and this responsibility shall be noted on the plat. ☐N/A ☒Accepted with comments ☐ Revise and Resubmit Cross Reference: Article IV, Section C.1.b.(12) Street lighting plan Final Plat Review Commentary: This item is reviewed at preliminary plat but is also included in the final plat checklist to make certain streetlights are installed, or assurance that streetlights will be installed through payment of aid-to-construction fees has been accomplished. The applicant must include a copy of a paid receipt to the appropriate electrical utility indicating the streetlight aid-to-construction fees are paid. In Fairhope this may be Fairhope Public Utilities, Riviera Utilities, or Baldwin EMC. Comments: For applicant’s information. Article V, Section D.5.a.(8) Street Standards – Street Design – General Requirements – Street Trees Street trees shall be planted on center in all planting strips according to the following: (a) All trees shall be at least 15 gallons and/or 1.5” to 2.5” in diameter when planted; (b) Trees shall be planted at least every 25 feet from intersections. A tree shall be planted one per lot or at least every 50 feet, but no closer than 10 feet; (c) Tree species and tree placement shall be approved by the City Horticulturist; (d) All trees shall be pruned so that no foliage, limbs or other obstructions exist between 2½ and 10 feet from the adjacent street grade; (e) In areas where planting strips are optional and not provided, sidewalks ten feet or greater shall provide 4’ x 4’ tree wells along the curb so that trees may be planted in conformance with these requirements. ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Final Plat Review Commentary: This item is reviewed at preliminary plat but is also included in the final plat checklist to make certain street trees are installed. Submitting a performance bond in lieu of installing street trees is no longer accepted. Comments: Article V, Section D.6. Street Standards – Pedestrian Area Design Standards All streets shall include a pedestrian area comprised of a planting strip and a sidewalk, according to the standards in Table 5.3 in Appendix A. The developer may have the flexibility to construct the sidewalks within 2 years of final plat approval. A letter of credit guaranteeing the construction for 125% of the engineer’s estimate is required. At the end of 2 years, all sidewalks shall be completed by either the developer or City, using the letter of credit. The areas in which the sidewalks will be poured shall be graded and compacted at the time the subdivision infrastructure is constructed. The pedestrian area shall be designed according to the following minimum standards: a. All streets supporting residential land uses shall have a minimum 5-foot wide sidewalk on each side of the street with the back edge of the sidewalk being the edge of the right-of-way. b. All streets supporting public institutions and public facilities land uses shall include a minimum 5-foot wide sidewalk and 8-foot wide planting strip on each side of the street. c. All streets supporting non-residential land uses including commercial, office, and mixed-use villages, shall have: I I I I FINAL PLAT CHECKLIST 8 Last updated 7/28/2020 (1) a minimum 15’ wide sidewalk, with tree wells according to Article V., Section D.5.a.8.(e) on each side of the street; or (2) a minimum 10’ wide sidewalk and minimum 6-foot wide planting strip on each side of the street. d. Sidewalks shall include curb ramps meeting accessibility requirements of the Americans with Disabilities act at all intersections and any non-grade driveway or land intersecting the sidewalk. Article V, Section D.6. Street Standards – Pedestrian Area Design Standards (continued) e. Sidewalks shall be constructed of a minimum 4” concrete surface meeting City construction standards. Where applicable, sidewalk materials shall be used and constructed to encourage maximum tree preservation. f. Streets in rural and agricultural subdivisions meeting all requirements of Article V., Section D.7.c. and d. are not required to provide sidewalks. g. Where applicable, sidewalks shall be configured in a manner that provides for maximum tree preservation. ☒N/A ☐Accepted with comments ☐Revise and Resubmit per comments Cross Reference: Article V. Section D.5.a.8.(e) and D.7.c and d. Final Plat Review Commentary: This item is reviewed at preliminary plat but is also included in the final plat checklist to make certain sidewalks are installed. Submitting a performance bond in lieu of installing sidewalks is no longer accepted. Comments: Article VI, Section A. Construction Standards-General The sub-divider shall be required to install or construct improvements hereinafter described prior to having released bond or other surety which guarantees the installation of such improvements. All improvements required shall be constructed in conformity with these regulations and in conformity with Chapter 19, Streets, Sidewalks, and Other Public Ways, of the Code of Ordinances for the City of Fairhope, as amended. All improvements shall be designed and sealed by a Project Engineer. The Project Engineer shall carry Errors and Omissions Insurance at a minimum coverage of at least $1,000,000. ☐N/A ☐Accepted ☒Revise and Resubmit per comments Final Plat Review Commentary: A copy of the engineer’s certificate of insurance must be included with the application for file purposes – make certain the certificate has not expired. Comments: Please clarify Errors & Omissions – is it covered by professional liability insurance? Article VI, Section C. Construction Standards-Curbs and Gutters Curbs and gutters shall be installed on all streets within the planning jurisdiction of the City of Fairhope, except on those streets which are eligible for the rural design standard expressed in Table 5.3, Appendix A of these regulations. On streets requiring curb and gutter, either valley type or barrier type concrete curb and gutter which meets the City's standards and specifications expressed in Chapter 19 of the Code of Ordinances, as amended shall be installed. Curbs and gutters shall be designed and installed in accordance with good engineering practice. Face of curbs shall be not less than six inches in height. Backfill behind curbs shall slope to the back of the curb for drainage. Markings shall be added to the curb to indicate the location of water and sewer laterals. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Cross Reference: Table 5.3, Appendix “A” City of Fairhope Subdivision Regulations Final Plat Review Commentary: The water department should provide a list of any missing water and sewer curb markings for inclusion in the Planner’s review comments. The list should specify the lot number of the missing curb markings. The concrete cylinder tests mentioned at Article VI, Section K. are for the concrete used in the curbs and gutters of this section. Comments: Article VI, Section D. Construction Standards-Sidewalks Sidewalks shall be installed on all streets within the planning jurisdiction of the City of Fairhope, except on those streets which are eligible for the rural design standard expressed in Table 5.3, Appendix A of these regulations, or as I I I I I I FINAL PLAT CHECKLIST 9 Last updated 7/28/2020 elsewhere provided for in these regulations. On streets requiring sidewalks, concrete sidewalks which meet the City's standards and specifications expressed in Chapter 19 of the Code of Ordinances, as amended shall be installed. Sidewalks shall be designed and installed in accordance with good engineering practice. ☒N/A ☐Accepted ☐Revise and Resubmit per comments Cross Reference: Chapter 19 of the City of Fairhope Code of Ordinances, as amended, and Article V, Section D.6. Pedestrian Area Design Standard Final Plat Review Commentary: The Building Official or ROW inspector must conduct an inspection and provide a list of review comments or punch list of any sidewalks that were furnished that require repair or replacement (primarily ADA compliance). Comments: Article VI, Section E.6. – 9. Construction Standards-Storm Water(Continued) 6. Warranty after Completion - All facilities subject to acceptance for maintenance by the public shall be warranted for a period of two years after date of acceptance by the developer. A surety bond guaranteeing such maintenance shall be a condition precedent to acceptance for maintenance by the governing body. 7. Applicability of General Law and Regulations - All plans and the Work shall fully conform to all rules, regulations, codes, laws, and ordinances which may reasonably apply thereto. In the event of conflict between provisions, the most restrictive provision shall apply. 8. As-Built Drawings – A copy of the construction as-built drawings stamped by the engineer shall be submitted to the Commission as verification that the project has been built in accordance with his or her design. 9. ESRI ArcMap Shapefiles - Electronic ESRI ArcMap shapefiles including but not limited to locations of all storm drainage piping, structures, inlets, ponds, swales, ditches, and any other forms of stormwater storage, treatment, or conveyance. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Cross Reference: City Code Section 19-2(f) Maintenance Bond Final Plat Review Commentary: The maintenance bond amount will be 30% of the total cost of the schedule of values prepared by the engineer of record. The maintenance bond will be on a City of Fairhope bond form with the surety information attached. Also, a Maintenance and Guaranty Agreement, also on a City of Fairhope form, must be included (signed by the applicant) and will be executed by the Mayor after final plat approval at the time the City Council accepts the dedication of all the infrastructure into the City. Note the contractor installing the improvements may be a co-principal of the maintenance bond (the developer provides any performance bonds if available). The developer must be at least a co-principal of the maintenance bond. Comments: Article VI, Section F. Construction Standards-Water System a. All subdivisions shall have water service. The water service shall be provided by either Fairhope Public Utilities or an approved water service. b. Primary water service may be individual well type systems that have been approved by the Baldwin County Health Department and the Fairhope Public Utilities Water Department. c. All water systems constructed within a subdivision and all water systems constructed outside of a subdivision but servicing a subdivision shall be constructed in accordance with those certain “Standard Specifications for Constructing Sanitary Sewer Facilities and Water Facilities” d. Water meters shall be placed inside the property line at the start of the utility easement. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Cross Reference: Standard Specifications for Constructing Sanitary Sewer Facilities and Water Facilities Final Plat Commentary: Obtain any review comments or punch list items from the Water Department for inclusion in the Planner’s review comments letter. Comments: For the applicant’s information. Article VI, Section G. Construction Standards-Fire Hydrants I I I I I I FINAL PLAT CHECKLIST 10 Last updated 7/28/2020 Fire Hydrants shall be installed along each street at a maximum interval of four hundred fifty (450) feet, or at the ends and center of each block, or as otherwise required by the fire authority having jurisdiction. Water supply and pressure shall be adequate to provide fire protection and for the future needs of the development. Blue reflective markers shall be installed at the street line of streets to indicate the location of fire hydrants. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Final Plat Review Commentary: Obtain from the water department a list of any missing fire hydrant reflectors for inclusion in the review comments. The list must specify the lot number or common area nearest the affected hydrant. Cross-check the preliminary plat for any fire hydrant waivers (sprinkled buildings in lieu of a fire hydrant depending upon the fire classification). Comments: Article VI, Section H. Construction Standards-Sanitary Sewerage 1. All subdivisions shall have sanitary sewer service. The sewer service shall be provided by either the Fairhope Public Utilities or an approved sewer service. 2. All sanitary sewer systems constructed within a subdivision and all sanitary sewer systems constructed outside of a subdivision but servicing a subdivision shall be constructed in accordance with those certain “Standard Specifications for Constructing Sanitary Sewer Facilities and Water Facilities” which is on file at the City of Fairhope Water & Sewer Department. 3. Individual septic tank type systems that have been approved by the Baldwin County Health Department and the Fairhope Public Utilities Sewer Department may be utilized. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Cross Reference: Standard Specifications for Constructing Sanitary Sewer Facilities and Water Facilities requires the following test reports to be submitted: • Division III, Section 1.04 A. Mandrel Testing of PVC gravity sewer lines • Division III, Section 1.09 B. Sanitary Sewer Manhole Vacuum Testing • Division III, Section 1.32 B.1.a.-e. Pneumatic Testing of Gravity Sanitary Sewer Lines • Division III, Section 1.32 B.2. Hydrostatic Testing of Sanitary Sewer Force Mains • Division III, Section 1.42 Internal Video Inspection of sanitary sewers • Division III, Section 5.16 L. and 5.17 D. and Division III, Section 5.29 Bacteria Testing Final Plat Commentary: Obtain any review comments or punch list items from the Sewer Department for inclusion in the Planner’s review comments letter. Verify with the Water and Sewer Superintendent if a condition of approval is required for the startup of any sewer lift stations. Comments: Article VI, Section I. Construction Standards-Permanent Monuments Monuments shall be set at all points where the exterior boundaries of the subdivision intersect, including points of curvature and points of tangency on curved boundaries. All monuments and interior lot corners shall be as prescribed by the most recent edition of the Alabama Society of Professional Land Surveyors Document Standards of Practice for Surveying in the State of Alabama. ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: I I I I I I FINAL PLAT CHECKLIST 11 Last updated 7/28/2020 Article VI, Section K. Construction Standards-Inspection of Improvements When all required improvements have been installed, the sub-divider shall call for a final inspection. The Planning Director and/or his/her authorized agent and other City Department representatives shall inspect the site to determine if the required improvements are satisfactorily installed according to plans, specifications, standards and applicable laws and ordinances. To determine if the streets are installed to minimum standards, the sub-divider shall select an independent testing laboratory approved by the City to make the necessary tests. Tests shall be conducted at the expense of the sub-divider as required by Chapter 19 of the Fairhope Code of Ordinances. ☐N/A ☐Accepted ☒Revise and Resubmit per comments Cross Reference: Chapter 19 of the Fairhope Code of Ordinances – Note that the Section 19-2 allows either 6” or 8” compacted sand clay base is allowed by Sec. 19-2(a)(2). The following test reports are required by the Municipal Code: • Subgrade Compaction (if required by Geotechnical Engineer) Sec. 19.2(a)(4) • Compaction during placement of base material Sec.19.2(a)(4) • Compacted base thickness borings Sec. 19.2(a)(4) • Asphalt thickness borings (1 ½” required thickness after compaction) Sec. 19.2(a)(5) • Concrete cylinder tests Sec. 19-2.(a)(3). • Storm drain inspection videos Final Plat Review Commentary: A cover letter from the testing laboratory, stamped by the lab’s professional engineer (licensed in the State of Alabama) with a statement by the engineer certifying the roadway construction meets the requirements of the project plans must be included. This certificate may be on a report cover or binder cover or may be a standalone letter, but it must cover all the roadway test reports submitted for the project. Obtain from the Public Works Director a punch list of any deficiencies related to road construction for inclusion in the Planner’s review comments. Comments: Storm drain inspection videos – please provide. Article VI, Section L. Construction Standards-Requirement to Complete Improvements Sub-divider shall be responsible for providing all required minimum improvements in the subdivision. This shall be accomplished either by (1) full installation of such improvements before the Final Plat is submitted to the Planning Commission for approval. or (2) after 90% substantial completion of the total cost of the infrastructure the sub- divider may provide to the City a financial guarantee of performance in the form of either a performance bond or a Letter of Credit. Any such performance bond shall be in form and substance acceptable to the Planning Commission, with oblige riders in favor of the City in the event the bond issued in the name of the sub-divider’s contractor and shall be issued by a surety that is licensed to do business in the State of Alabama and having a Best rating of A- or better. In the event that the subdivision lies within the extra-territorial jurisdiction, such guaranty shall be made jointly payable to the City of Fairhope and Baldwin County, Alabama. The surety and the form and amount of such financial guaranty shall be subject to approval of the City and/or County. Sub-divider shall be responsible for providing all test reports, inspection videos, and ESRI ArcMap Shapefiles including but not limited to the following: 1. Submission of all roadway and drainage-related test reports and inspection videos as required by Chapter 19 of the City of Fairhope Code of Ordinances stamped by a licensed professional engineer in the State of Alabama and including the engineer’s stamp and statement certifying the roadway construction meets the requirements of the project plans. 2. Submission of ESRI ArcMap Shapefiles are required by Article IV Section D. and Article VI. Section E. 3. Submission of all utility-related test reports, inspection videos, and ESRI ArcMap Shapefiles as required by Standard Specifications for Constructing Sanitary Sewer Facilities and Water Facilities with reports stamped by a licensed professional engineer in the State of Alabama and including the engineer’s stamp and statement certifying the utility services constructed meets the requirements of the project plans. I I FINAL PLAT CHECKLIST 12 Last updated 7/28/2020 ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Final Plat Review Commentary: See prior sections regarding maintenance bonds. Comments: For the applicant’s information. Reviewed by: Samara Walley Date of Review: August 3, 2020 I I Fairhope Public Utilities Water Department Planning Review Case Number: SD 20.41 PPIN: 372296 Date Submitted: 7/28/2020 Return to planner by: 8/10/2020 Planner: Samara Walley Project Name: Battles Trace Phase 7 Project Location: East side of Colony Drive just north of County Road 34 (a.k.a. Battles Road) Number of Lots: 38 Water In service territory: Yes _X__ No ___ Residential ___ Commercial ___ Mixed ___ Project will feed from: Existing Infrastructure adequate, if not what infrastructure is required? Total costs to developer per the standards __________ General Notes for Developer (check if needed) _____ Any other comments, list below: Water review by and Date: ________Curtis Cooper on 7/31/2020__________________________________ Fairhope Public Utilities Gas Department Planning Review Case Number: __SD 20.41_______________ PPIN: ___372296_____________________ Date Submitted: __7-28-2020_____________ Return to planner by: __8-10-2020_________ Planner: ___Samara Wally__________________ Project Name: ___Battles Trace Phase VII______________ Project Location: ____East side of Colony Dr just north of County Rd 34 (AKA Battles Rd)___________ Number of Lots: ___38____________ Gas In service territory: Yes _X__ No ___ Residential __X_ Commercial ___ Mixed ___ Project will feed from: Inside Existing Subdivision Loop feed located at: Existing Infrastructure adequate, if not what infrastructure is required? Yes Total costs to developer per the standards __________ General Notes for Developer (check if needed) ___X__ All ROW’s need to be to grade prior to installation __X___ All property lines must be clearly marked prior to electric installation __X___ All gas to be installed by the City of Fairhope or authorized contractor _____ Any other comments, list below: Gas review by and Date: __Terry Holman_____________7-31-2020___________________________ MERSHON STBROWN STF A I RWOODBL V D FAIRHOPE AV PARK D R STI MPSO N AV EQUALITY ST ASHLEYDRJOHNSON AV City of FairhopePlanning Commission September 10, 2020 ¯ FAIRHOPE AV STIMPSON AV BROWN STSR 20.02 - Portico, Phase ll Legend COF Corp. Limits COF Planning JurisdictionCOF Zoning B-2 - General Business District R-2 - Medium Density Single-Family R-4 - Low Density Multi-Family ¯ ¯ ^ Project Name: Portico, Phase 2Site Data: 3.52 acresProject Type: Site Plan ReviewJurisdiction: Fairhope Planning JurisdictionZoning District: B-2 inside Central Business DistrictPPIN Number: 16630General Location: Northeast corner of Fairhope Avenue and Brown StSurveyor of Record: NAEngineer of Record: Chris LiebOwner / Developer: Left Rigger, LLCSchool District: Fairhope West, Middle, and High SchoolRecommendation: DenialPrepared by: Mike Jeffries \, ~~~~/.·:.__; -·~·· -. -J~ • • 1 SR 20.02 Portico Ph. 2 – September 10, 2020 Summary of Request: The owner and applicant is Chris Haley, on behalf of Left Rigger, LLC working with Lieb Engineering Company. Chris Lieb is the engineer of record on the proposed project. This application is as an amendment to an existing Site Plan (Portico) located at the northeast corner of Fairhope Avenue and Brown Street. The application was heard by the Planning Commission February 6, 2017 and approved by the City Council February 23, 2017. Administrative approval was given to build the phase two portion of the approved Site Plan first and it be completely commercial. The construction of the first building and parking behind it is complete. The requested modifications are to the remaining site and part of the existing parking. The proposed modifications are considered substantial and exceed those which could be approved administratively pursuant to Fairhope’s Zoning Ordinance Article II.C.2.f. Therefore, this Site Plan amendment is being presented for approval per Fairhope’s Zoning Ordinance Article II.C.2. The Planning Commission will review and make a recommendation to the City Council who will make the final approval decision. Comments: The original approved development was 7 two story buildings with a total of 33 residential units and 23 commercial units. The proposed Site Plan includes 12 cottages, 4 townhomes, and 2 three story buildings each containing 8 flats and 2 commercial units a piece. Commercial on the first floor and residential on the second and third floor. - A square footage comparison of residential use and commercial/office use is as follows o Approved site plan o Residential +/-49,382 S.F. o Commercial +/-27,715 S.F. o Proposed Site Plan o Residential +/-66,390 S.F. Increase of +/-17,008 S.F. (34%) o Commercial +/-23,453 S.F. Decrease of +/-4,262 S.F. (15%) - The subject property was zoned B-2 in the original approval - The subject property is still zoned B-2 but is now in the Central Business District Overlay which gives some additional allowances and restrictions. o The proposed Site Plan shows 5’ sidewalks and the Central Business District (CBD) requires 8’ sidewalks. See exert below: Article V Section B.4(e) Sidewalks shall be a minimum of eight feet (8’) in width for all new construction. This may be reduced, through the site plan approval process, upon satisfactorily demonstrating to the City Council that streetscape improvements constrain the site to the extent that eight feet (8’) is not feasible. In no case shall the sidewalk width be less than six feet (6’) in width. A written request must be made with accompanying justification statement and drawings for consideration of reduction in sidewalk width. The applicant is requesting the Site Plan to be approved with 6’ sidewalks along Brown Street and Stimpson Avenue. The sidewalk along Fairhope Avenue complies. 2 SR 20.02 Portico Ph. 2 – September 10, 2020 - Per Zoning Ordinance the first floor is encouraged to be restaurant/retail - Per Comprehensive Plan pedestrian experience - one operative question is “What is the use on the 1st floor of the buildings?” - Greenspace is encouraged but not required - Parking required is 1 space per residential unit - Maximum building height of 40’ (Including architectural features) - Portico Exterior Material Descriptions Cottage ‘A’- Exterior Materials will include painted masonry brick exterior with aluminum clad wood windows, a combination of painted true wood and cementitious trim siding between windows, gable end, exposed soffits rafter tails, barge rafters, eaves and rakes, with laminated asphalt shingle roofing. Front Multi-Use Buildings- Exterior materials will include painted masonry brick, aluminum clad direct set wood windows with painted wood trim infill and canvas awnings at the main level, and aluminum clad wood windows with painted wood framed projected balconies with wood infill panels at the second and third floors. The Planning Commission and City Council that approved the original Site Plan emphasized the fact that the property was adjacent to the existing CBD and that the site was providing a large green space for the community and granted waivers from different requirements because of it. The amended Site Plan proposed does not meet the intent of the Central Business District and does not meet the intent of the Comprehensive Plan. Staff understands that current business demands may be for residential use, but the city is charged with maintaining the character of downtown. Staff Recommendation: Denial NORTHISSUEDFORREVIEWA 20· 40' 60' so· NOTES: 1. SEE SHEET C1 .0 FOR GENERAL NOTES. _I ______ _ -______J_____ - -PROPOSED 2' WIDE WHITE PAINTED STOP BAR PROPOSED 30" VALLEY GUTTER -(SEE DETAIL) _J G : G M 1js'sl;1)-;-1js'sl~¼rrl PROPOSED CROSSWALK STRIPING STIMPSON AVENUE GARAGE SPACES (7) r---I I G I G I G I G I G I G I I I I I LJ~LJ~LJ~y~---~--~~---~---PROPOSED BUILDING I PROPOSED BUILDING b~srs!~s~1js'sl~J~1 M illl~ T ...L LJ ...L LJ ...L LJ PROPOSED I BUILDING ADA RAMP FFE = 94,50 j FFE = 93,00 RETAIL/COMMERCIAL RETAIL/COMMERCIAL PROPOSED ASPHALT PAVING -(SEE DETNL) ISSUED FOR REVIEW I 7 27 2020 FFE = 191.50 RETAIL/C9MMERCIAL FAIRHOPE AVENUE IS! LIEB ENGINEERING COMPANY PROPOSED CONCRETE SIDEWALK (SEE DETAIL) rr PROPOSED HANOI-CAP RAMP (SEE DETAIL) TOTAL SITE DATA: 1. ZONING: 2. LOT SIZE: 3. PROPOSED BUILDING HEIGHT: 4. TOTAL GROSS FLOOR AREA: 5. PROPOSED BUILDING COVERAGE: 6. PERCENTAGE IMPERVIOUS AREA: 7. PERCENTAGE OF LANDSCAPING: CBD 3.52± ACRES 35' 89,092 S.F. 42,856 S.F. 84' "" 8. PROPOSED # OF PARKING SPOTS: 64 9. PROPOSED # OF GARAGE SPACES: 30 10. REQUIRED # OF PARKING SPOTS: 56 11. EXISTING f OF PARKING SPOTS: 45 12. 16 TOTAL BUILDINGS; 15 PROPOSED 12.1. 12 NORTHERN MOST BUILDINGS RESIDENTIAL ONLY 12.2. 4 BUILDINGS BEHIND EXISTING, RESIDENTIAL ONLY 12.3. 2 OTHER BUILDINGS COMMERCIAL ON FIRST FLOOR RESIDENTIAL ON THE SECOND & THIRD FLOOR. 13. MECHANICAL EQUIPMENT WILL BE LOCATED ON THE ROOF AND SCREENED WITH A PARAPET. OWNER: LEFT RIGGER, LLC P.O. BOX 1348 POINT CLEAR, AL 36564 THE SITE IS LOCATED IN ZONE X PER THE LATEST FIRM PUBLISHED BY FEMA. 8 Cottage 'A'-+/-1320 DN/1070 UP/TOTAL H&C 2390 SF PROPOSED BUILDING FFE = 90.50 4 Cottage 'B'-+/-850 GROUND/1430 MAIN/1075 UP/TOTAL H&C 3355 SF PROPOSED HANOI-CAP RAMP (SEE DETAIL) PROPOSED BUILDING FFE = 90.50 PROPOSED BUILDING FFE = 90.50 PROPOSED BUILDING FFE = 90.50 1/ PROPOSED ASPHALT PAVING ~± EXISTING BUILDING FFE = 91.50 II I ll_j_ PORTICO NOT VALID WITHOUT THE DATED SIGNATURE AND SEAL OF AN ALABAMA LICENSED ENGINEER. SITE LAYOUT PLAN Building 1 West Building: Commercial/Retail-4484 sf, 2251 sf Storage/Garages, Lobby 909 sf 4 3 BR Large Flats +/-1895 sf 2 3 BR Small Flats +/-1575 sf 2 2 BR Flats +/-1138 sf 2 lobby at each floor 909 sf Building 2 East Building: Commercial/Retail-4788 sf, 2251 sf Storage/Garages, Lobby 909 sf 6 3 BR Large Flats +/-1895 sf 2 2 BR Flats +/-1138 sf 2 lobby at each floor 909 sf © ® ADJACENT PROPERTY ZONING: ZONING A. R-2 B. R-2 C. R-2 D. R-2 E. R-2 F. R-2 G. R-2 H. R-2 I. R-2 J. 8-2 K. B-2 L. 8-2 M. B-2 PARCEL NUMBER 05-46-03-37-0-D07-076.505 05-46-03-37-0-D07-076.504 05-46-03-37-0-D07-076.503 05-46-03-J7-0-D07-076.52J 05-46-03-37-0-D07-076.501 05-46-03-37-0-D07-076.521 05-46-03-37-0-D07-076.515 05-46-03-37-0-008-006.508 05-46-03-37-D-DOB-DDB.510 05-46-03-37-0-D08-006.512 05-46-03-37-0-008-006.501 05-46-03-37-0-D08-006.511 05-46-03-37-0-007-075.001 LIEB ENGINEERING COMPANY ALABAMA LICENSED ENGINEER: CHRISTOPHER JAY LIEB, P.E. LICENSE NUMBER 31204 f-----------------------PO BOX 2266 ALABAMA CERTIFICATE OF AUTHORIZATION NUMBER: 4938 FAIRHOPE, AL FAIRHOPE, AL 36533 OWNER: LEFT RIGGER, LLC -HALEY DEVELOPMENT PH: (251) 978-9779 f--J-OB_N_U-MB_E_R--D-R-AW_N_B-Y:-J-LG ___ DA-T-E:_7_/_27_/_2_02-0--S-CA-L-E:_1_" -=-20-,---+-S-HE_ET_N_U_M-BE_R_~-------------~R_EV_ 2020-014 CHECKED BY: __l,iL_ APPROVED BY: -9l. ENGR: ...Ql_ 5 OF 11 C 5. 0 A 07/27/2020 eoa93.91eoa92.21eoa90.21eoa89.23tb eoa95.18eoa96.37eop tb92.02eop tb89.59eoa86.35NORTHISSUEDFORREVIEWo· 20' 40' 60' 80' I 00' CJ ISSUED FOR REVIEW IS! LIE■ ENGINEERING COMPANY NOT VALID WITHOUT THE DATED SIGNATURE AND SEAL OF AN ALABAMA LICENSED ENGINEER. AERIAL OVERLAY AND PHASING PLAN LIEB ENGINEERING COMPANY ALABAMA LICENSED ENGINEER: CHRISTOPHER JAY LIEB, P.E. LICENSE NUMBER 31204 e---------------------------, PO BOX 2266 ALABAMA CERTIFICATE OF AUTHORIZATION NUMBER: 4938 e---FA_IR_H_O_PE...:.,_A_L _________________ ____, FAIRHOPE, AL 36533 OWNER: LEFT RIGGER, LLC -HALEY DEVELOPMENT PH: (251) 975-9779 e----J-OB_N_U-MB_E_R--D-R-AW_N_B_Y:-J-LG ___ DA-T-E:_7_/_27_/_2_02-0--S-CA-L-E:_1_"_~-20-,---+-S-HE_ET_N_U_M_BE_R_~-------------~R""EV,-,--,IL C3.0 A 2020-014 CHECKED BY: __s;,I_L_ APPROVED BY: __91_ ENGR:--9..b_ OF 11 07/27/2020 PORTICO FAIRHOPE, ALFAIRHOPE AVENUE VIEW NEQUETTE ARCHITECTURE & DESIGN STATE HWY 181NIX LN City of FairhopePlanning Commission September 10, 2020 ¯STATE HWY 181NIX LN SD 20.43 - Laurelbrooke Village Subdivision Legend COF Planning Jurisdiction ¯ ¯ ^ Project Name: SD 20.43 - Laurelbrooke Village SubdivisionSite Data: 120 lots / 59.72 acres / 2.01 units per acreProject Type: Village Subdivision site plan requestJurisdiction: Fairhope Planning JurisdictionZoning District: Baldwin County Planning District 14 (unzoned)PPIN Number: 34129General Location: East side of AL HWY 181 1-1/4 mile south of CR32 / HWY 181 intersectionEngineer of Record: Dewberry Engineers, Inc. Owner / Developer: Joanne L. PizottiSchool District: Newton Elementary, Fairhope Middle and High SchoolsRecommendation: Approve with conditions Prepared by: J. Buford King, Development Services Manager 1 SD 20.43 Laurelbrooke Village Subdivision – September 10, 2020 Summary of Request: Public hearing to consider the request of Dewberry Engineers, Inc. on behalf of Joanne L. Pizzotti for village subdivision site plan approval of Laurelbrooke, a 100-lot village subdivision. The applicant is seeking approval of the village subdivision as contemplated by Article IV, Section F. of the City of Fairhope Subdivision Regulations. The subject property is located on the east side of State Highway 181 approximately ½ mile north of County Road 24 and 1 ¼ mile south of County Road (CR) 32 and is within the extraterritorial jurisdiction of the City of Fairhope. The proposed development will consist of three separate phases. The desired construction date for Phase 1 is January 2021 with Phase 2 anticipated for 2022 and Phase 3 in January 2024. The applicant indicates in their project narrative the phasing dates are subject to change. The revised development layout has been amended to reflect two, 50-lot phases and will be more fully-explained in the Planning Commission meeting. The Village Subdivision process is similar to that of a Planned Unit Development (PUD) for zoned areas, however the criteria for a Village Subdivision is a component of the City of Fairhope Subdivision Regulations and therefore final approval authority of the Village Subdivision resides with the Planning Commission – the City Council does not consider or rule upon the Village Subdivision site plan application. Further, subject development will remain in the City of Fairhope extra territorial jurisdiction (ETJ) and will likely remain unzoned – subject application does not include a legislative annexation into the City of Fairhope as no areas contiguous to subject property are within the Fairhope city limits. There is an existing concrete business to the south of the property, a dirt pit operation to the east, and farmland to the north and also west of highway 181. It should be noted that it is possible that future development patterns may emerge that will produce zoned properties contiguous to subject property that may allow a future annexation, however a specific development pattern allowing an eventual annexation is not known at this time. The map below enlarges the zoning map to depict the nearest properties to proposed development. Subject Property Airport Authority Silverwood Gaineswood 2 SD 20.43 Laurelbrooke Village Subdivision – September 10, 2020 Comments: Once village subdivision site plan approval is attained, the preliminary and final plat process is utilized much like a typical subdivision, with the approved Village Subdivision site plan governing the development of the village subdivision. In accordance with Article IV, Section F.4. the village subdivision site plan approval stands for six (6) months during which time a preliminary plat for at least the first phase of the development shall be submitted. The initial proposed plat indicated three separate phases however the village subdivision site plan for consideration proposes two phases of 50 lots per phase. The applicant initially proposed 120 lots on 59.72 acres, but has revised the request to reflect 100 lots. The plat depicts the typical lot as 60’ in width and 140’ in length, or 8,400 sf. The proposed setbacks for the development are 30’ in the front and rear yard, and 10’ on the side lot lines and 15’ on the street sides. Because the development falls within unzoned Baldwin County, the Baldwin County subdivision regulations govern with regard to setbacks and the proposed setbacks appear to be compliant. Article V Section E.5.a. requires 15’ drainage and utility easements on the side and rear lot lines, and may be split into two 7.5’ wide drainage and utility easements for internal lot lines. The 15’ drainage and utility easements are not depicted on the plat, and must be indicated on the preliminary plat should the village subdivision receive approval. The dwelling units as proposed will range from 1,642 square feet to 2,058 square feet. The total common area proposed is 32.3 acres which is greater than the 25.09 acres initially submitted when the request was for 120 lots. Inside common area 2 is a proposed 3.39 acre lake. The site data table indicates 15.34 acres, or 25.7% of the site will contain greenspace. The greenspace areas are not explicitly labeled on the various drawings, but it is a reasonable assumption that areas requesting greenspace credit are surrounding the lake near the fitness areas. It is not possible to accurately calculate required greenspace for the site from the data submitted, as it is not immediately possible to identify areas that cannot be developed, but it is very likely the proposed greenspace will substantially satisfy the requirements of the subdivision regulations. Utilizing available information and subtracting the 3.39 acre lake and approximately 7.5 acres of ROW from the total site acreage of 59.72 acres yields 48.83 acres. 48.83 acres divided into 100 lots yields a net density of 2.05 units per acre, which requires 15% greenspace per Article V section “C” of the subdivision regulations. The 2.05 units per acre net density is strictly for the purposes of determining required greenspace. When conducting the density analysis staff examined the number of residential units on each property within a ¼ mile radius of the subject property as well as the acreage of each property. The analysis area, minus the subject property, is 429.4 acres and only contains 16 residential units. That translates into an actual development density of 0.037 units per acre which is extremely low due to the lack of development in the surround area. As has been performed for other developments, the actual development density is averaged with the allowable development density of 2.9 units per acre for an average development density of 1.47 units per acre. The nearest residential developments are Silverwood (73 lots on 41.51 acres or 1.76 units per acre) and Gaineswood (45 lots on 28.922 acres for 1.56 units per acre) however both developments are located about 1 mile north of subject property. The initially requested density of the development was 120 units on 59.72 acres, for a requested density of 2.01 units per acre. The subdivision regulations state that unzoned areas not containing a village subdivision require a minimum lot size of 15,000 square feet and a minimum lot width of 100 feet. As-submitted for 3 SD 20.43 Laurelbrooke Village Subdivision – September 10, 2020 planning consideration, the 100 lot development will have a density of 1.67 units per acre. If the allowable development density (2.9 units per acre), actual development density (0.037 units per acre), as well as Silverwood and Gaineswood’s actual development density are arbitrarily averaged, that development density is 1.56 units per acre. The requested development density of 1.67 units per acre is about 7% greater than the arbitrarily-determined 1.56 units per acre development density of the surrounding neighborhood. A tree survey was submitted along with review comment follow-up correspondence, however there was not sufficient time for the horticulturalist to conduct a review and reflect any comments in this staff report. If it is the pleasure of the planning commission to approve subject application, conditions of approval will request pre-requisite review and approval by the horticulturist (and tree committee if required) prior to submission of a preliminary plat. Subject property falls within the City of Fairhope Police jurisdiction, and as result the City of Fairhope Tree Ordinance number 1444 is applicable. The applicant notes that all infrastructure, including roadways, drainage, and utilities, will be constructed in accordance to the most restrictive standards of the County and the City of Fairhope and/ or the respective utility companies. The development will be served by Fairhope Public Utilities for domestic water service, Baldwin County Sewer Service for the sanitary sewer, Baldwin EMC for electrical service, and AT &T for telecommunications. Fairhope Public Utilities sanitary sewer service may be available if a main extension is installed. The City of Fairhope Subdivision Regulations, Article IV. F.1. provides the following purpose for the Village Subdivision requested for subject property: Purpose - The subdivision standards established in these regulations are the minimum required standards to promote the health, safety, and welfare of the jurisdiction, promote good civic design, and implement the goals of the Comprehensive Plan. The Village Subdivision regulations in this Section F. are intended to provide an alternative to the standard subdivision regulations. The Village Subdivision regulations in this Section F. encourage imaginative design, planning, and environmental sensitivity based on a comprehensive, site-specific plan, and which enhance the development’s ability to implement the Comprehensive Plan. The applicant may elect to apply for these alternative standards at its sole discretion. Use of these alternative standards requires a minimum of three (3) acres of property. The City of Fairhope Subdivision Regulations, Article IV. Section F.2.a. – 2.c. further defines the requirements of a Village Subdivision: Application/Approval Procedures - a. The application procedure for a Village Subdivision shall be the same as for any Preliminary or Final Plat. Fees shall be paid accordingly. b. A Site Plan that adheres to the requirements below shall be submitted to the Planning Commission for consideration prior to or in conjunction with the Preliminary Plat. c. A Site Plan as approved becomes the tool that governs development of the property. Any and all plats of the property must be in substantial conformance with the site plan as determined by the 4 SD 20.43 Laurelbrooke Village Subdivision – September 10, 2020 Planning Director and/or his/her authorized agent. A site plan may not be substantially modified after approval without the re-approval of the Planning Commission. As mentioned previously, the purpose of a Village Subdivision is to provide an alternative to the standard subdivision regulations and encourage imaginative design, planning, and environmental sensitivity. As presented, the development appears to be a well-done residential subdivision and would be a fairly straightforward subdivision approval if it was located in an R-2 or R-3 zoning district. The proposed village subdivision does not incorporate a variety of lot sizes, but does appear to include several thoughtful recreational amenities and the large buffer areas are a positive aspect of the development, but those buffers are essentially mandatory to screen the development from the incompatible land uses south and east of subject property. Staff was not completely sure if the proposed development rose to the level of an “imaginative design” or included innovative design standards that justified 120 lots. Staff does recognize however that the proposed village subdivision is a type of cluster development that provides the opportunity for more greenspace and/or completely undisturbed areas greater in size than would otherwise occur in a typical lot and block subdivision. After thoughtful consideration and careful evaluation of the development proposal as well as evaluating the development density of adjacent properties and the surrounding neighborhood as well as the City of Fairhope Comprehensive Plan, staff has arrived at a favorable recommendation for the proposed Village Subdivision. Staff was concerned about the proposed density of the village subdivision as-submitted to staff and though the development appears to be well-designed, staff was not confident that it could justify the 120 lots initially requested. Staff does believe, however, that a village subdivision with lot sizes smaller than the 15,000 sf required by the Subdivision Regulations is possible and the amenities proposed, undisturbed buffers, and clustering of lots are substantial enough to justify somewhat smaller lot sizes if the number of lots was reduced. Subject property is somewhat near a commercial node at the intersection of CR 32 and HWY 181 as identified in the comprehensive plan and thus some commercial activity supporting residences is in the general vicinity. (An excerpt of the comprehensive plan’s land use legend is included on the following page). Using the arbitrary, but defensible development density of 1.56 units per acre as a guide, a development utilizing 100 residential lots will result in a proposed development density of 1.67 units per acre as mentioned previously. 1.67 units per acre is only approximately 6.7% greater than the 1.56 units per acre of the surrounding (though large) neighborhood. Staff communicated with the applicant and the applicant agreed to modify their village subdivision request to reflect 100 lots in lieu of 120 lots. The staff recommendation below reflects a recommendation for approval of a village subdivision that includes 100 single family residential lots. 5 SD 20.43 Laurelbrooke Village Subdivision – September 10, 2020 Recommendation: Staff recommends APPOVAL of case number SD. 20.43 Laurel Brooke Village Subdivision initial site plan, subject to the following conditions of approval: 1) The village subdivision shall be limited to 100 single-family residential lots with a minimum lot size of 8,400 square feet. a. Setbacks shall comply with the Baldwin County Subdivision Regulations for unzoned property b. Lot coverage shall be restricted to 40% of the principle structure and 25% of the required rear yard for accessory structures c. Maximum building height of principle and accessory structures shall be 30 feet. d. Accessory structures must maintain a minimum 10’ separation from principle structures and must be located behind the rear building line of the principle structure. e. Accessory dwellings are prohibited. 2) Minimum greenspace shall be 15% of the entire property and shall otherwise comply with Article V Section “C” of the City of Fairhope Subdivision Regulations. N O R T H CITY OF F AIRHOPE COMPREHENS IVE PLAN BALDWIN COUNTY , ALABAMA thorn pso11 0 .U::--J C ITY OF FAIRHOPE PREFERRED P LAN CON CEPT PfO:O.Jecr NO .: DATE: 1,-,101-0J'.32 6 SD 20.43 Laurelbrooke Village Subdivision – September 10, 2020 3) Minimum undisturbed space shall be 30% 4) The lake shall be a minimum of 3.39 acres and shall not be counted toward greenspace calculations to emphasize the lake as a standalone amenity in addition to its use as a stormwater facility a. The lake shall be stocked with fish as is typical for the Baldwin County climate with species selected by the applicant b. Lake side slopes shall not exceed 4:1 as required by ordinance 1444 5) Layout of the village subdivision shall otherwise be in substantial conformance with the drawing hereinafter referred to as Appendix “A”. a. Any statements on Appendix “A” to the effect of “need not be built” are null and void for the purposes of this approval. 6) Amenities listed as items “A” through “Q” on the drawings referred to hereinafter as Appendix “B” and “C” shall be furnished and installed in Phase 1 of the development prior to final plat approval. Appendix “B” and “C” represents the minimum quantities of amenities to be furnished. The preliminary plat application for Phase 1 shall include for approval by the Planning Commission: a. Dimensioned and fully-detail drawings and color renderings of all signage and wayfinding b. Dimensioned and fully-detailed drawings and color renderings of the pier, shade structure, fitness stations, benches, fire pits, mail kiosk, treehouse, and “cut sheets” of all site lighting light fixtures outside the public ROW. c. Light fixtures within the public ROW shall be limited to 15’ tall. Submit a “cut sheet” for approval of the light fixtures and indicate the proposed color of the fixture. d. All street trees and sidewalks within each phase shall be installed prior to final plat application submission. e. Any statements on Appendix “B” and “C” to the effect of “need not be built” are null and void for the purposes of this approval. 7) As a pre-requisite to preliminary plat submission, the tree preservation plan and street tree plan, hereinafter referred to as appendices D,E,F, and G shall be reviewed and approved by the City of Fairhope Horticulturalist and/or tree committee, as applicable, for compliance with ordinance 1444. a. Any and all revisions to appendices D,E,F, and G will be included in the preliminary plat approval application to memorialize their approval. b. Any statements to the effect of “need not be built” on appendices D,E,F, and G are null and void for the purposes of this approval. 7 SD 20.43 Laurelbrooke Village Subdivision – September 10, 2020 c. Subject property lies within the Police Jurisdiction of the City of Fairhope and thus Tree Ordinance (number 1444) is applicable. d. Coordinate the mail kiosk parking area and all amenities depicted on appendices A,B and C so that they are reflected on appendices D,E,F, and G. 8) For the applicant’s information – subject property is located within the City of Fairhope Police Jurisdiction and as such the signage ordinance (number 1537) is applicable. 9) The 30’ Emergency Fire Access shall be capable of being traversed by a 75,000 lb. GVWR vehicle. If this access is to be gated, emergency services access shall be reviewed and approved by the fire authority having jurisdiction during the preliminary plat process. 10) Sidewalks are not depicted along AL HWY 181. The Planning Commission may wish to require sidewalks within a pedestrian easement on along the margin of Common Area 1 adjacent to the AL HWY 181 ROW. Laurelbrooke should not be considered a "leap frog" development. It is only .5 miles from Silverwood & Gaineswood, two existing subdivisions. Additionally, Laurelbrooke is only 1.25 miles from the intersection of Highway 181 and County Road 32. The Northwest quadrant of that intersection includes Newton Elementary School as well as higher density subdivisions such as Miller's Crossing and Greythorne Estates. As evidenced in the map below, Laurelbrooke is situated directly in the path of future growth for the southern Fairhope submarket. Traveling south along Hwy 181 from Stone Creek, there are various barriers to entry including a large private estate, pockets of wetlands and smaller, individually owned parcels of land that prevent any substantial residential development. When taking these factors into consideration, there shou ld not be any concern with Laurelbrooke being classified as a "leap frog" development. connect to the street sidewalks. Fitness stations, benches, wayfinding signage, a fire pit, and two r ec reat ional areas will be interconnected through a large network of open space trails. Sidewalks will be located on both sides of all streets .. There is an approximate 50' buffer around the entire development. There are 24.61 acres of common area, with a pond approximately 3.39 acres in size. This development is located well outside the limits of the City's Comprehensive Plan but embraces the goals of walkabi l ity, open space and designing for future connectivity. As the community continues to grow, supporting this village center and approv ing this deve lopmen t with the Village Standards ensures cont inued greenspace and walkability throughout our community. Developments such as this provide reside nts with the abi lity to become part of their neighborhood community. This development will give them a generous amount of pedestrian ways, usable greenspa ce, fitness and recreation opportunities, and a lake centrally located for the r esidents enjoyment. LEGEND A ENTRY FEATURE SIGN B TRAILHEAD (SEATING, & WAYFINDING SIGNAGE) C OPEN SPACE TRAIL D SIDEWALK E COMMON AREA FIRE ACCESS F PIER WITH SHADE STRUCTURE G FITNESS STATIONS H FIRE PIT I CBU MAIL KIOSK WITH PARKING J FUTURE CONNECTION K LAKE FOUNTAIN L BUFFER 50’ M LOT N BENCH, LOCATED THROUGHOUT TRAIL SYSTEM O TREEHOUSE PLAY AREA P PROPERTY BOUNDARY Q TURF RECREATION AREA 09.02.20Laurelbrooke - Fairhope, Alabama SCHEMATIC DESIGN Page 1 of 2 Project Number: 203163-094 0 40 80 160NMASTER PLAN RENDERING BC GGKGMD E B D A O GFK I NHQ B J G G G G N M D P UNDISTURBED UNDISTURBED UNDISTURBED UNDISTURBED "This Master Plan rendering has been prepared for general illustrative purposes only and may not be to scale. All illustrations heron, including lot layout, streets, lakes, landscaping and future development areas are conceptual and subject to partial or total modification or may not be developed at all. No purchaser should rely on this master plan in making a decision to purchase property located in the "project"; Association bylaws, purchase agreement, record plat, other documentation and all matters of record must be relied upon." I ' \ V I I I I I I I I I I I I I I I I I I I I I I I I I I I I I , I I I I I I I I - ---- -- / -/ ,, / / / / I ' --\ \ \ \ \ ' ' \ ' ' \ \ I I I \ I \ I I \ \ I I I I I I I l andscape arch i tects 09.02.20Laurelbrooke - Fairhope, Alabama SCHEMATIC DESIGN Page 2 of 2 Project Number: 203163-094 ENTRY ENLARGEMENT PLAN ENTRY FEATURE ELEVATION FITNESS STATIONTREEHOUSE PLAY AREA TYPICAL TRAILHEADFIRE PIT & PIERAMENITY AREA ENLARGEMENT PLAN lAURELB~ • -•••• ~., ____ w ....... -• _,,.__. •• ~~ -------------------------------------------...;;~~~~~~~~;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; R d ~~ lr§.e~ 00 80'160'N O R T HTREE PRESERVATION & REMOVAL PLAN1 TREE PRESERVATION NOTES EXISTING PRESERVED TREE ON-SITE APPENDIX "D"(M) N89"54'53"W 40.00' (M) S89"51 '56"E 40.00' Scale: 1 •= 80' CHILDRESS, EMERY F. CHILDRESS, AL VIE E. 9575 CO RD 34 FAIRHOPE, AL 36532 PARCEL 56-01-11-0-001-012.000 MCNEIL, MICHAEL F. 15304A STATE HWY 181 FAIRHOPE, AL 36532 PARCEL 56-01-11-0-001-012.001 (M) N89"53'10" -~ CHILDRESS, CHILDRESS, 9575 CD FAIRHOPE, A PARCEL 56-01-11- --- ----1 (M) N89"57'25"E ~@U ~ ~~ THESE PLANS HAVE NOT BEEN APPROVED AND ARE SUBJECT TO CHANGE. u, ::, +-0 a (.) CD C) C 2 0 Revisions ·=--- No. Date Revisions / Submissions 07 .28.20 CITY SUBMITTAL 09.02.20 CITY RE-SUBMITTAL Registrution vrw Drown LCW Checked 125078-005 Project No. Date Sheet rrt1e LANDSCAPE PLANTING PLAN Sheet No. LP200 TREE PROTECTION FENCE - C1APPENDIX "E"TREE PRESERVATION CREDITS -Sec. 20.5-4(m) Total Trees To Be Preserved: 89 Trees Total Tree Credits Earned: 255 Credits DBH GENUS SPECIES COMMON NAME QTY CREDITS PER TREE TOTAL CREDITS 22" Juniperus virginiana Eastern Red Cedar 1 2 2 20" Quercus laurifolia Laurel Oak 1 2 2 22" Quercus laurifolia Laurel Oak 2 2 4 20" Quercus virginiana Live Oak 10 2 20 21" Quercus virginiana Live Oak 1 2 2 22" Quercus v1rgin1ana Live Oak -Twin 1 2 2 22" Quercus virginiana Live Oak 2 2 4 23" Quercus virginiana Live Oak 2 2 4 24" Quercus virginiana Live Oak -Twin 1 3 3 24" Quercus virginiana Live Oak 4 3 12 25" Quercus virginiana Live Oak 2 3 6 26" Quercus virginiana Live Oak 3 3 9 28" Quercus virginiana Live Oak -4 Cluster 2 3 6 28" Quercus virginiana Live Oak 2 3 6 30" Quercus virginiana Live Oak 3 3 9 32" Quercus virginiana Live Oak -Twin 1 4 4 32" Quercus virginiana Live Oak 2 4 8 34" Quercus virginiana Live Oak 1 4 4 36" Quercus virginiana Live Oak 1 4 4 36" Quercus virginiana Live Oak -Twin 2 4 8 38" Quercus virginiana Live Oak -Twin 1 4 4 40" Quercus virginiana Live Oak -Twin 1 5 5 42" Quercus virginiana Live Oak-Triple 1 5 5 48" Quercus virginiana Live Oak -4 Cluster 1 6 6 75" Quercus virginiana Live Oak 1 9 9 24" Magnolia grandiflora Southern Magnolia 1 3 3 20" Carya illinoinensis Pecan 3 2 6 22" Carya illinoinensis Pecan 4 2 8 24" Carya illinoinensis Pecan 4 3 12 26" Carya illinoinensis Pecan 1 3 3 30" Carya illinoinensis Pecan 1 3 3 32" Carya illinoinensis Pecan 1 4 4 36" Carya illinoinensis Pecan 2 4 8 20" Pinus ellioti Slash Pine 5 2 10 21" Pinus ellioti Slash Pine 2 2 4 22" Pinus ellioti Slash Pine 2 2 4 24" Pinus ellioti Slash Pine 6 3 18 28" Pinus ellioti Slash Pine 2 3 6 30" Pinus ellioti Slash Pine 2 3 6 36" Pinus ellioti Slash Pine 1 4 4 20" Quercus nigra Water Oak 1 2 2 22" Quercus nigra Water Oak 1 2 2 36" Quercus nigra Water Oak-Twin 1 4 4 TREE REMOVAL Total Trees To Be Removed: 9 Trees Total Tree Debits: 24 Debits Required Trees To Be Replaced: 15 Trees Provided Replacement Trees: 15 Trees DBH GENUS SPECIES COMMON NAME QTY DEBITS PER TREE TOTAL DEBITS 24" Quercus laurifolia Laurel Oak -Twin 1 3 3 20" Quercus virginiana Live Oak -Twin 1 2 2 20" Quercus virginiana Live Oak 1 2 2 24" Quercus virginiana Live Oak 1 3 3 28" Quercus virginiana Live Oak-Triple 1 3 3 36" Carya illinoinensis Pecan 1 4 4 20" Pinus ellioti Slash Pine 1 2 2 30" Pinus ellioti Slash Pine 1 3 3 22" Quercus nigra Water Oak 1 2 2 /~ REQUIRED SIGNAGE CHAIN~ .. LINK \ t 10' MAX. SPACING .i _.,::_~ METAL-\ ,,.-, __ .. ...-POST \ •_ ... -······ CHAIN LINK -\ NOTES· ···-METAL POST / --'I<-FENCE TIE a:: ;,, w . Q_~ f-:::; I . <.> (/1 GJ~ Io._ (/1 FINISH 1. Fencing to be installed prior to construction. Fencing type shall be chain link. 2. The fence shall be erected w/ a min. distance of 20' from the trunks of heritage trees & 1 o· from all other retained trees. If installing underground utilities near tree roots becomes a hardship1 a soil auger shall be used to tunnel under tree roots. 3. All roots to be removed during site clearing &/or construction shall be severed cleanly at the perimeter of the protected radius. 4. Footers for walls shall end at the point where large roots are encountered, and the roots shall be bridged. Post holes and trenches located close to retained trees shall be adjusted to avoid damage to major roots. 5. Fencing cannot be removed until land alteration, site clearing, and construction activities are complete. 0 1/'i' = 1'-1/l" 329333.13-01 landscape architecture land planning plccemaking Foley, Alobama - P. 251.948.7181 '.:.ii Ii.:'.' ".:.II Mobile, Alabama D E S I G N j~c~;!~~4~i!~;;;ippi P. 601. 790.0781 landscape architects www.was-design.com ~@U ~ ~~ THESE PLANS HAVE NOT BEEN APPROVED AND ARE SUBJECT TO CHANGE. ... I-.e -C ~ ~ Cl! -cw ~ a.. a. .Q al lo 0 CD a. ~ C _g c( C C --+- C C 0 u, ::, +-0 C 0 C E C ..c C < ' .s::. 0 j CD C) C 2 0 Revisions --- No. Date Revisions / Submissions 07 .28.20 CITY SUBMITTAL 09.02.20 CITY RE-SUBMITTAL Registrution vrw Drown LCW Checked 125078-005 Project No. Date Sheet rrt1e LANDSCAPE PLANTING PLAN Sheet No. LP200 00 30'60'N O R T HLANDSCAPE PLANTING PLAN1 GENERAL NOTESAPPENDIX "F"\ i:. r (M) N89"54'53"W 40.00' \_. --\ \ \ ....-\ \ \ .,. ' .,. ' \ \ / \ ,,, I I t / ,'\ TRAILHEA ) I I L CHILDRESS, £MERY F. CHILDRESS, AL VIE £. 9575 CO RD 34 (M) S89"51 '56"E 40.00' FAIRHOPE, AL 36532 i I I I I PARCEL 56-01-11-0-001-012.000 7 I I I I I 7 1/ I I /I I I I I I I I I ( I I I I I --,-• I I/ I I / (I I I : I i\11 (' (I ;1/ I I ( ( ( I \ \ \ \ I I \ \ I I I I 1 1 I I ) I I l I I \ ) \ \, \ \ \ \ 1/ /1 l j 1 1 1 \ ii I \ I \ I / / ( ( ( ) ) ) II \ ~ \ \ I (M) S89"51' 56 "E 1290.23' (M S89)51'56 ;E .70') (R) N89"50'46"£ 660.00' MCNEIL, MICHAEL F. 15304A STAT£ HWY 181 FAIRHOPE, AL 36532 PARCEL 56-01-11-0-001-012.001 ) (M) N89"53'10" --- TREE PBOJFCTION NOTES· 1.) TREES IN EXCESS OF 20° IN DIAMETER ARE CONSIDERED PROTECTED AND SHALL RECEIVE THE TREE PROTECTION AS DETAILED ON THIS SHEET. NO DIGGING TRENCHING OR OTHER SOIL DISTURBANCE SHALL BE ALLOWED IN THE FENCED AREA. 2.) TREES SHALL NOT BE REMOVED PRIOR TO ISSUANCE OF PERMIT TO DO SO. THE CITY OF FAIRHOPE UTILIZED THE FOLLOWING RESTITUTION REQUIREMENTS FOR TREES THAT ARE REMOVED WITHOUT A PERMIT. 3.) ANY PERSON WISHING TO REMOVE OR RELOCATE A SIGNIFICANT TREE SHALL MAKE A WRITTEN APPLICATION WITH THE CITY HORllCUL TU RIST. THE APPLICATION SHALL INCLUDE A LANDSCAPE PLAN. THE CITY HORTICULTURIST MUST APPROVE OR DENY THE PERMIT WITHIN 14 WORKING DAYS AFTER RECEIPT OF APPLICATION. CHILDRESS, 9575 co FAIRHOPE, A PARCEL 56-01-11- -...... ;::.....--~ 5/B CRS CORNER NOT (CA-TI09 -LS) FOUND OR SET (M) N89"57'25"E (2 0' REFERENCE) OU£ TO CONCRETE DEBRIS ( "\..-_________________________________________________ ____Ji~-~~=:~ '\. , Scale: 1 •= 30' W landscape architecture land planning placemoking Foley, Alobama P. 251.948.7181 '.:.ii Ii.:'.' ".:.II Mobile, Alabama D E S I G N j~c~;!~~4~i!~;;;ippi P. 601. 790.0781 landscape architects www.was-design.com ~@U ~ ~~ THESE PLANS HAVE NOT BEEN APPROVED AND ARE SUBJECT TO CHANGE . .e I- ~ ~ 1= ~ CDW Ea_ a. .Q al lo 0 ~c ~ :§ C: C: _g C <o u, ::, +-0 C 0 ' I CD C) C: 2 0 Revisions --- No. Date Revisions / Submissions 07 .28.20 CITY SUBMITTAL 09.02.20 CITY RE-SUBMITTAL Registrution vrw Drown LCW Checked 125078-005 Project No. Date Sheet rrt1e LANDSCAPE PLANTING PLAN Sheet No. LP200 TREES CODE QTY BOTANICAL NAME COMMON NAME CONT CAL HT REMARKS LN 9 Lagerstroemia indica `Natchez` `Natchez` Crape Myrtle 30 gal 8`-10`Minimum 3 trunks; full head MA 15 Magnolia virginiana Sweetbay Magnolia 30 gal 10`-12`3 trunks; Full head QV 149 Quercus virginiana Southern Live Oak 30 gal 2"Cal 8`-10`Full head, specimen quality SHRUBS CODE QTY BOTANICAL NAME COMMON NAME CONT HT W SPACING REMARKS DM2 48 Distylium `Vintage Jade`Vintage Jade Distylium 3 gal 48" o.c. GF 46 Gardenia jasminoides `Frostproof` Frostproof Gardenia 3 gal 36" o.c. SB 14 Viburnum odoratissimum Sweet Viburnum 3 gal 48" o.c. SHRUB AREAS CODE QTY BOTANICAL NAME COMMON NAME CONT HT W SPACING REMARKS MS 38 Miscanthus sinensis `Adagio` Adagio Maiden Grass 3 gal 42" o.c. GROUND COVERS CODE QTY BOTANICAL NAME COMMON NAME CONT HT SPACING REMARKS AB2 46 Agapanthus africanus `Blue` Blue Lily of the Nile 1 gal 18" o.c. LV 153 Liriope muscari `Variegata`Variegated Liriope 1 gal 15" o.c. RDR 45 Rosa x `Meigalpio`Red Drift Rose 1 gal 30" o.c. SOD/SEED CODE QTY BOTANICAL NAME COMMON NAME CONT HT SPACING REMARKS SOD 11,463 sf Cynodon dactylon `Tifway 419` Tifway 419 Bermuda Grass sod PLANT SCHEDULE SHRUB PLANTING3 MULTI-TRUNK TREE STAKING · · 2 PLANTING AT SHRUB AREAS. STAKING DETAIL PLANTING AT TURF AREAS. PLANT PIT DETAIL TREE PLANTING - GUY STRAP6 A A B B TYPICAL PLANT SPACING4 GENERAL PLANTING NOTES · · · · · · · · · · · · · · · · · · · · 1 GROUNDCOVER PLANTING5 APPENDIX "G" 0 0 0 tt} 0 0 l"'i::ll"~>,~~J: %-'-/~•l•Y./_, ;jil~t'j;;i\is;t!l_'~' ,(~·\, a R//0:/ / / ·~/ v / / / / Bl □ --- --- --- --- --- FORM 3" CONTINUOUS SAUCER AROUND PLANTING PIT + _J _J ;;'i ti 0 "' I 1i'1 -111 ~I~~ I I --',_I I_,-,-,,' ~'l SET ROOTBALL CROWN ~----< 1 " HIGHER THAN SURROUNDING FINISHED GRADE. SLOPE FINISHED GRADE ,'\\--p-...---.,f'l"j--7 AT BACKFILL AWAY FROM ROOTBALL. MULCH TO DEPTH AT WATER WELL. I FINISHED GRADE. .........,~W= I 1~.,.,.,.._._.,... __ =I 11 Ii' I 111 II I I 11- 111_11 , 2 X ROOTBALL PLANTING TABLETS, AGRIFORM OR EQUAL, PER MANUF. RECOMMENDATIONS. BACKFILL WITH A MIXTURE OF PLANTING PIT SPOIL AND PREPARED PLANTING SOIL, PER SPECS, FROM ADJACENT PLANTING AREA - UNDISTURBED SUBGRADE 0--1 .. -=-1-'--'lf-----------------D-ET_A_IL---F-ILE- -- -- -- -- -- -- -- -- - - BEDLINE + SHRUBS AND GROUNDCOVERS ADJACENT TO STRAIGHT EDGES SHALL BE TRIANGULAR -SPACED IN ROWS PARALLED TO THE STRAIGHT EDGE. SHRUBS AND GROUNDCOVERS ADJACENT TO CURVED EDGES SHALL BE PLANTED IN ROWS PARALLEL TO THE CURVED EDGES. CURVED EDGES TO BE VERY SMOOTH RADII. GENERAL CONDITIONS CONTRACTOR SHALL BE RESPONSIBLE FOR THE SITE INSPECTION PRIOR TO LANDSCAPE CONSTRUCTION AND INSTALLATION IN ORDER TO ACQUAINT HIMSELF WITH EXISTING CONDITIONS. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ALL EXISTING UNDERGROUND UTILITIES BEFORE BEGINNING CONSTRUCTION. CONTRACTOR IS RESPONSIBLE FOR PROTECTION OF LANDSCAPE MATERIAL AT ALL TIMES. LANDSCAPE CONTRACTOR TO COORDINATE SAFE STAGING AREA WITH GENERAL CONTRACTOR AND/OR OWNER. CONTRACTOR SHALL GUARANTEE ALL PLANT MATERIAL, INCLUDING GRASS, FOR 365 CONSECUTIVE CALENDAR DAYS FROM SUBSTANTIAL COMPLETION OF THE WORK, AS DETERMINED BY THE PROJECT LANDSCAPE ARCHITECT. ALL AREAS IMPACTED NEGATIVELY BY CONSTRUCTION PROCESSES SHALL BE RETURNED TO ORIGINAL CONDITION OR BmER PRIOR TO SUBSTANTIAL COMPLETION. LANDSCAPE AREA SOIL PREPARATION SOIL SHALL BE AMENDED BY THE ADDITION OF COMPOST AND FERTILIZER. COMPOST TYPE SHALL BE MUSHROOM COMPOST OR DECOMPOSED PINE BARK, AND SHALL BE APPROVED BY LANDSCAPE ARCHITECT PRIOR TO PURCHASE. COMPOST SHALL BE UNIFORMLY APPLIED OVER PLANTING BEDS AT AN AVERAGE DEPTH OF 2 INCHES AND OVER SOD AREAS AT AN AVERAGE DEPTH OF 3/4 INCH. INCORPORA TIE COMPOST UNIFORMLY IN PLANTING BEDS TO A DEPTH OF 6 INCHES AND IN SOD AREAS TO A DEPTH OF 3 INCHES USING A ROTARY TILLER OR OTHER APPROPRIATE EQUIPMENT. PRE-PLANT FERTILIZER AND PH ADJUSTING AGENTS (E.G., LIME AND SULFUR) MAY BE APPLIED IN CONJUNCTION WITH COMPOST INCORPORATION, AS NECESSARY. RAKE SOIL SURFACE SMOOTH PRIOR TO PLANTING. REMOVE STONES LARGER THAN 1 INCH IN ANY DIMENSION AND STICKS, ROOTS, RUBBISH, AND OTHER EXTRANEOUS MATTER AND LEGALLY DISPOSE OF THEM OFF OWNER'S PROPERTY. WATER THOROUGHLY AFTER PLANTING. CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING 3% POSITIVE DRAINAGE IN ALL PLANTING BEDS. ANY OTHER PROPOSED DRAINAGE METHODS SHALL BE COORDINATED WITH PLANTING EFFORTS TO MINIMIZE CONFLICTS AND MAINTAIN PROPER FUNCTION OF DRAINAGE SYSTEMS. 0 ,. = ,. NQIE;_ STAKE TO FIRST BRANCHES AS NECESSARY FOR FIRM SUPPORT WIRE SHALL NOT TOUCH OR RUB ADJACENT TRUNKS OR BRANCHES ~2 STRAND 12 GAUGE / / GALV. WIRE TWISTED AND ENCASED IN RUBBER " HOSE 6-9" FROM TOP OF STAKE. 2 WIRE SUPPORTS SHALL BE USED ON MAIN STRUCTURAL TRUNK. 2" x 2" HARDWOOD STAKES DRIVEN FIRMLY A MINIMUM OF 18" INTO THE SUBGRADE PRIOR TO BACKFILLING. ~~~~~~;::;:-:_;::---3" MULCH -~-111~1 I ~ j I i' I l-l~f ~~~ I -111-11 ---. - --11 -I ----~ FORM SAUCER WITH 3• =1 I = I 1=1 I l==tl 11 I 1=1 I 1= CONTINUOUS RIM ' -111 11 _ 1 111 1 r 11 - -" 11 11 "·---------SPECIFIED PLANTING MIX. 2X BALL DIA. -I WATER AND TAMP TO REMOVE AIR POCKETS. 0 1/2" = 1·-0· 329343-01 PLANT MATERIAL AND PLANTING PLANT QUANTITIES ARE OFFERED AS A CONVENIENCE TO THE CONTRACTOR, AND ARE NOT ABSOLUTE. CONTRACTOR SHALL VERIFY PLANT COUNT FROM PLAN AND REPORT DIFFERENCES. ALL PLANT MATERIALS ARE SUBJECT TO APPROVAL OR REFUSAL BY THE OWNER OR LANDSCAPE ARCHITECT AT THE JOB SITE. PLANTS SHALL BE WELL FORMED, VIGOROUS, GROWING SPECIMENS WITH GROWTH TYPICAL OF VARIETIES SPECIFIED AND SHALL BE FREE FROM INJURY, INSECTS AND DISEASES. PLANTS SHALL EQUAL OR SURPASS QUALITY AS DEFINED IN THE CURRENT ISSUE OF "AMERICAN STANDARDS FOR NURSERY STOCK" AS PUBLISHED BY THE AMERICAN NURSERYMEN, INC. UNLESS NOTED SPECIFICALLY, ALL PLANT MATERIAL SHALL BE BALLED AND BURLAPPED OR CONTAINER GROWN. FRONT ROW OF SHRUBS SHALL BE PLANTED FROM CENTER OF PLANT A MINIMUM OF 24" BEHIND BED LINE @ LAWNS OR WALKS AND A MINIMUM OF 36" BACK OF CURB @ PARKING SPACES. NO PRUNING SHOULD BE PERFORMED DURING FIRST GROWING SEASON EXCEPT FOR REMOVING DAMAGED OF DEAD GROWTH. WOUND PAINT IS NOT RECOMMENDED FOR ANY CUTS. ALL PLANTING AREAS, TREE PITS, AND OTHER AREAS INDICATED ON PLANS SHALL BE MULCHED WITH A SETTLED LAYER OF THE INDICATED MULCH: □ 3" DEPTH PINE BARK □ 4" DEPTH SHREDDED HARDWOOD MULCH ~ 3" DEPTH LONGLEAF PINESTRAW, smLED TRENCH EDGE TO BE LOCATED BETWEEN ALL PLANTING AREAS AND LAWN, UNLESS NOTED OTHERWISE. TREE STAKING SHALL BE PROVIDED TO KEEP TREES PLUMB AND PROTECTED FROM EXCESSIVE WINDS. ALL TREE-STAKING APPARATUS SHALL BE REMOVED AT THE END OF THE ONE-YEAR WARRANTY PERIOD. ONE YEAR OF LANDSCAPE MAINTENANCE FROM SUBSTANTIAL COMPLETION SHALL BE INCLUDED AS AN OPTIONAL BID ITEM TO THE OWNER. 1" GUYLINE WEBBING l II ,- " " " ,, ,, ,, " " " ,, ,, ,, " " " " ,, " -, I 11 -VX•S/ ROOTBALL ' KEEP TURF CLEAR FOR A 24" RADIUS CIRCLE AROUND THE TREE. MULCH WITH A 3" THICK LAYER OF SHREDDED BARK. 329399-05 ~-ARBORGUY TREE ANCHOR SYSTEM, INSTALL APPROPRIATE MODEL PER MANUFACTURER'S INSTRUCTIONS ARROWHEAD ANCHOR FINISHED GRADE SET ROOTBALL CROWN 1 1 /2" HIGHER THAN THE SURROUNDING FINISHED GRADE. SLOPE BACKFILL AWAY FROM ROOTBALL FOR POSITIVE DRAINAGE. __.---KEEP MULCH 2" -3" FROM BASE OF TREE. MULCH WATER WELL AREA TO 3" DEPTH. TRENCH EDGE, RE:--f---, 3" HIGH WATER WELL AT SHRUB AREAS. PLANT SPACING PER PLAN/PLANT SCHEDULE 2" MULCH INSTALLED BEFORE PLANTING (PINE BARK MINI-NUGGETS ACCEPTABLE FOR INITIAL PLANTING IF TIGHT SPACING NECESSITATES ITS USE.) ~i:S------PREPARE BED PER SPECS UNDISTURBED SUBGRADE DETAIL FINISHED GRADE AT LAWN. ' ,,, + _J _J ~ 0 "' 11 1 1 I 1-1 I I 111 ROOTBALL 1=111 I I ' -11 FII =1 = 1- ~------' -11 1-1 11- FINISHED GRADE 11 111-AT SHRUBS. =::-i__ 111' Ill 111 Ul- 1 ,_ C//N//1 111-111- =1 = I, 11 111, I SPECIFIED PLANTING MIX. WATER AND TAMP TO REMOVE AIR POCKETS._; 2X ROOTBALL UNDISTURBED SUBRADE 0 NOT TO SCALE 329399-04 o-3.-=-1-'--o-------------------3-29_3_3_3-.1-3---o-, o-,-.-=-1-·--0-------------------3-29_3_4_3-.2-6 ___ 0_2 landscape architecture land planning placemoking Foley, Alobama - P. 251.948.7181 '.:.ii Ii.:'.' ".:.II Mobile, Alabama D E S I G N j~c~;!~~4~i!~;;;ippi P. 601. 790.0781 landscape architects www.was-design.com ~@U ~ ~~ THESE PLANS HAVE NOT BEEN APPROVED AND ARE SUBJECT Revisions --- No. Date --- 07.28.20 09.02.20 vrw Drown LCW Checked 125078-005 Project No. Date Sheet rrt1e TO CHANGE. .e I- ~ ~ 1= ~ CDW Ea_ a. .Q al lo 0 ~c ~ :§ C: C: _g C <o u, ::, +-0 C 0 ' I CD C) C: 2 0 Revisions / Submissions CITY SUBMITTAL CITY RE-SUBMITTAL Registrution LANDSCAPE PLANTING PLAN Sheet No. LP202 ..c:::::,._ \ ✓ = lll\£: NOTES: TRADITIONAi RE DECORATIVE lYPE LIGHT OWN. Ill': ~lE': WITH 150 WATT HPS FIXTURE 1. LIGHT IS MOUNTED ON A SMOOTH BLACK POLE . D. LITTLE 7/24/13 ENC. N'Pfll:N: SCM£: N , T, S , I TraditionalroOecoratiwTypel.ighldw9 I SHEET 1 OF 1 8. SEALS 7/24/13 THIS INSTRUMENT PREPARED BY: Charles J. Kelley, Jr., Esq. Maynard, Cooper & Gale, P.C. 1901 Sixth Avenue North Suite 2400 Birmingham, Alabama 35203 (205) 254-1000 STA TE OF ALABAMA: COUNTY OF BALDWIN: DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS OF LAURELBROOKE THIS DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS (this "Declaration") is made this_ day of _____ , 2020, by 68V Laurelbrooke 2020, LLC, an Alabama limited liability company ("Declarant", as further defined below). W IT N E S S ETH: WHEREAS, on _______ , Declarant recorded in Slide ___ of the Office of the Judge of Probate of Baldwin County, Alabama, a subdivision plat for Laurelbrooke ("Plat of Subdivision", as further defined below) pertaining to certain real property owned by Declarant in Baldwin County, Alabama, as more specifically described on Exhibit "A" hereto. NOW, THEREFORE, DECLARANT HEREBY DECLARES, that subject to the provisions hereof, all of the Lots (hereinafter defined) shall be held, sold and conveyed by the Owners and the Common Area (hereinafter defined) shall be held by the Association subject to the restrictions, covenants and conditions contained herein for the purposes of protecting the value and desirability of, and which shall run with, the Community Property (hereinafter defined) and be binding on all parties having any right, title or interest in the Community Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner of any portion thereof. ARTICLE ONE GENERAL PROVISIONS 1.01 Restrictive Covenants and Easements Running with the Land. The use of the Community Property shall be in accordance with the provisions and restrictions of this 05499352.1 1 Declaration, all of which are to be construed as restnctlve covenants and/or easements, as applicable, running with the land and with the title to each and every Lot and shall be binding upon all Owners and other persons having interests therein and upon their heirs, personal representatives, successors, grantees and assigns. 1.02 Terminology. Whenever the context requires, words used in the singular shall be construed to mean or to include the plural and vice versa, and pronouns of any gender shall be deemed to include and to designate the masculine, feminine or neuter gender. 1.03 Definitions. The following terms, when capitalized herein, shall have the meaning set forth in this Section 1.03: (a) (b) (c) (d) (e) (t) (g) (h) (i) (j) 05499352.1 "Additional Property" shall mean and refer to any property that Declarant designates as "Additional Property" pursuant to the terms of an amendment to this Declaration. "Adult" means a person of age twenty-one (21) or older. "Architectural Review Committee" means the Architectural Review Committee as established by the Board of Directors in accordance with the Bylaws. "Articles of Incorporation" means the Articles of Incorporation of Laurelbrooke Owners Association, Inc., an Alabama non-profit corporation, as recorded in the records of the Office of the Judge of Probate of Baldwin County, Alabama, as the same may hereafter be amended, altered or repealed from time to time. "Association" means Laurelbrooke Owners Association, Inc., an Alabama non- profit corporation. "Board" or "Board of Directors" means the Board of Directors of the Association, established in accordance with the Articles of Incorporation and Bylaws of the Association. "Builder" means any commercial home builder or contractor who owns one or more Lots in the Subdivision and is in the business of constructing residential structures to sell to owner-occupants. "Bylaws" means the Bylaws of the Association, as the same may hereafter be amended, altered or repealed from time to time. "Common Area" means all real property within the Subdivision which is owned or leased by the Association or dedicated for use or maintenance by the Association or its members, regardless of whether title has been conveyed to the Association. "Community Property" means all of the Lots and the Common Area, collectively. 2 (k) "Declarant" means 68V Laurelbrooke 2020, LLC, an Alabama limited liability company, its successors and assigns which expressly are assigned and assume Declarant's rights as "Declarant" hereunder. (1) "HOA Act" shall mean the Alabama Homeowners' Association Act, currently codified at Chapter 20 of Title 35 of the Code of Alabama (1975), as the same may hereafter be altered, amended, replaced, and/or restated from time to time. (m) "House" or "Home" means any single-family dwelling unit situated upon a Lot. (n) "Lot" means each and every numbered lot shown on the Plat of Subdivision and any lot of any Additional Property that is deemed to be a Lot under an instrument recorded in the records of the Office of the Judge of Probate of Baldwin County, Alabama. ( o) "Member" means every person or entity who is a member of the Association. (p) "Mortgagee" means a holder or beneficiary of any mortgage, deed with vendor's lien reserved, or any other form of instrument used for the purpose of encumbering or conveying real property as security for payment or satisfaction of any obligation. ( q) "Owner" means the record owner, whether one or more persons or entities, of fee simple title to any Lot, including contract sellers, but excluding mortgagees, lien holders, lessees, tenants, and those having such interests solely as security for the performance of an obligation. (r) "Person" means any individual, corporation, trust, partnership, joint venture, limited liability company or other entity. (s) "Plat of Subdivision" has the meaning ascribed to such term hereinabove, and shall also include any additional plat or plats of real property that are hereafter recorded where such real property is annexed to this Declaration in accordance with the terms of Section 10.02 hereof. (t) "Subdivision" means Laurelbrooke, a subdivision as shown on the Plat of Subdivision, together with any Additional Property made subject to this Declaration in accordance with the terms of Section 10.02. (u) "Turnover" means the earlier to occur of (i) Declarant relinquishing control of the Association in a written instrument recorded in the real property records of Baldwin County, Alabama; (ii) three (3) months after one hundred percent (100%) of the Lots in the Subdivision, including Lots to be created out of the Additional Property in accordance herewith, have been conveyed to persons other than Declarant or Declarant's successors or assigns (for avoidance of doubt purposes, the event described in this clause (ii) shall not be deemed to have occurred prior to Declarant's having annexed all of the Additional Property into the Subdivision and 05499352.1 3 having sold all of the Lots therein); or (iii) December 31, 2040; provided however, in the event of a conflict between Alabama law and the foregoing, the applicable Alabama law shall control. ARTICLE TWO COMMON AREA 2.01 Common Area. The Association, subject to the rights of the Owners set forth in this Declaration, the Articles of Incorporation and the Bylaws, shall be responsible for the exclusive maintenance, management, and control of the Common Area and all improvements thereon, and shall keep the Common Area in a good, clean, attractive, and sanitary condition, order, and repair pursuant to the terms and conditions of this Declaration. The Association has the right to restrict the use and govern the operation of the Common Area by promulgating reasonable rules and regulations (including reasonable rules and regulations with respect to any Common Area facilities or the use of the Common Area) and the right to charge reasonable one-time or monthly fees for the use thereof by the Owners as the Association deems necessary or appropriate. 2.02 Right of Enjoyment. Subject to any rules and regulations promulgated by the Board of Directors and the terms and conditions of the HOA Act and the Bylaws, every Member shall have a right and easement of enjoyment of the Common Area, and such easement shall be appurtenant to and pass with the title to each Lot. 2.03 Lots Subject to Covenants, Restrictions, Limitations and Term. Each Lot that shall be conveyed, held, devised, leased, or demised at any time hereafter shall be subject to all the terms, conditions, covenants, restrictions, and limitations herein contained, and the obligation to observe and perform the same whether or not it be so expressed in the deed or other instrument of conveyance of the Lot or real property, and such shall run with the Lot or real property and be appurtenant thereto as if fully set out in such deed or instrument of conveyance, subject to the terms and conditions hereof. 2.04 INTENTIONALLY DELETED. 2.05 Overhead Wires. No Lot shall be served with any overhead electrical or communications service, and no Owner shall erect power poles for such service; provided, however, that nothing herein shall be construed to prohibit overhead street lighting or ornamental yard lighting provided that such lighting is constructed in accordance with the terms and conditions hereof and approved by the Architectural Review Committee. 2.06 Control of Common Area. The Association may, upon approval by the Board of Directors, sell, subdivide, lease, mortgage, grant easements over or otherwise encumber the Common Area, or exchange all or any portion of the Common Area for Lots or other real property, or purchase or acquire any additional real property and dedicate the same as Common Area, subject to the terms of this Declaration. 2.07 Condemnation. In the event of a taking by eminent domain of any portion of the Common Area on which improvements have been constructed, the Association shall restore or 05499352.1 4 replace such improvements so taken on the remammg Common Area, provided that the Association shall not be obligated to expend an amount in excess of the proceeds of the award available to the Association, unless within sixty (60) days after such taking, an alternative plan is approved by at least seventy-five percent (75%) of the voting interests of the Members. All compensation available or paid to the Association upon any such taking shall be paid to the Association. 2.08 Liability. Owners, occupants and their guests shall use and enjoy the Common Area at their own risk and shall assume sole responsibility for their personal belongings used or stored there. The Association, Declarant and their respective officers, directors, employees, representatives and agents shall not be held liable for personal injury to any person, nor for loss or damage to personal belongings used or stored on any of the Common Area. The Association shall not be liable for injury or damage to any person or property (a) caused by the elements or by an Owner or any other person, (b) resulting from any rain or other surface water which may leak or flow from any street, pipe, plumbing, drain, conduit, appliance, equipment, security system, or utility line or facility, the responsibility for the maintenance of which is that of the Association, or ( c) caused by any street, pipe, plumbing, drain, conduit, appliance, equipment, security system, utility line, facility or from any portion of the Common Area, the responsibility for the maintenance of which is that of the Association, becoming out ofrepair. Nor shall the Association be liable to any Owner or occupant for loss or damage, by theft or otherwise, of any property of such Owner or occupant, whether or not any such loss or damage occurs in the Common Area. ARTICLE THREE ASSOCIATION MEMBERSHIP AND VOTING RIGHTS 3.01 Membership. Each Owner shall be a Member, subject to the terms and conditions of the Articles of Incorporation and the Bylaws. 3.02 Voting. Voting by Owners shall be in accordance with the Bylaws. 3.03 Assignment. The share of a Member in the funds and assets of the Association cannot be assigned, hypothecated, or transferred in any manner except as an appurtenance of said Owner's Lot. ARTICLE FOUR COVENANT FOR MAINTENANCE ASSESSMENTS 4.01 Personal Obligation of Assessments. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, (2) special assessments, and (3) any individual assessments, fines or charges charged against the Lot or Owner, as such assessments are hereinafter established and shall be collected as hereinafter provided (singularly, an "Assessment" and collectively, the "Assessments"). The annual, special, and individual assessments, together with interest, costs, an administrative late fee not to exceed the greater of twenty-five and no/100 dollars ($25.00) or five percent (5%) of the amount of each installment that is past due, and reasonable attorneys' fees, shall be a charge on the Lot and shall be a 05499352.1 5 continuing lien upon the Lot against which each such Assessment is made effective from and relating back to the date on which this Declaration was recorded. Any payment received and accepted by the Association shall be applied first to any interest accrued, then to any administrative late fee, then to any costs and reasonable attorney's fees, and then to the delinquent Assessments. Each such Assessment, together with interest, costs, the administrative late fee and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall pass to successors in title. 4.02 Purpose of Assessments. The Assessments levied by the Association shall be used to provide for the operation of the Association and the management, care and maintenance of the Common Area and any improvements constructed thereon, including provision for appropriate insurance against casualty and liability. At the Board's discretion, the Association may establish and maintain a reserve fund with such sums as the Board determines in good faith are necessary and adequate for the periodic maintenance, repair, and replacement of the Common Area and any improvements constructed thereon (the "Reserve Account"). 4.03 Annual Assessments. To provide the total sum necessary for the insurance purchased by the Association hereunder, the Reserve Account, the maintenance, repair and replacement (as applicable) of the Common Area and any improvements located thereon, and any and all other expenses of the Association (whether pertaining to the ownership, operation, use, maintenance, and/or repair of the Common Area or otherwise), each Member for each Lot owned shall pay a portion of the total amount necessary for such purposes to the Association. The portion to be paid by each Member for each Lot shall be determined in accordance with Section 4.06 hereof. The amount of the ann~al Assessment assessed against each Member as provided under the foregoing sentence shall be assessed by the Association as a lien at the beginning of each annual Assessment period. 4.04 Special Assessments for Capital Improvements Upon Common Area. In addition to the annual Assessments authorized above, the Board of Directors or the Association may levy, in any assessment year, a special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area and any entrance wall or signage, including fixtures and personal property related thereto; provided, however, that the total of all such special Assessments for any given calendar year shall not exceed$[ ] per Lot, unless such special Assessment in excess of such maximum amount are approved by the affirmative vote of the Members holding a majority of the voting rights in the Association. 4.05 Date of Commencement of Annual Assessments and Due Dates. The Assessments provided for herein shall commence as to a particular Lot upon conveyance of the Lot to any Owner who is not the Declarant or a Builder. The first annual Assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual Assessment against each Lot at least thirty (30) days in advance of each annual Assessment period. Written notice of the annual Assessment shall be sent to every Owner subject thereto. The Board of Directors shall determine if annual and special Assessments will be collected annually, quarterly or at some other interval and shall set due dates for 05499352.1 6 Assessment payments. If the Board of Directors does not fix an annual Assessment in advance of any annual Assessment period, the annual Assessment for the period will be the same as for the prior period until the Board fixes a new annual Assessment amount. 4.06 Assessment Shares. Each Member shall be responsible for a portion of any annual or special Assessments levied against the Members equal to a fraction calculated in accordance with the following: the numerator of such fraction shall be the number of Lots owned by such Member and the denominator of which shall be the total number of Lots in the Subdivision that are then subject to Assessment at the time such Assessment is levied. The quotient of such fraction shall be multiplied by the total sum of the applicable Assessment, and the resulting figure shall be the portion of such Assessment that is owed by the applicable Member. The total number of Lots in the Subdivision may be increased from time-to-time by Declarant in its sole and absolute discretion in accordance with Section 10.02 hereof, and any such increases in the total number of Lots in the Subdivision shall be taken into account in calculating any Assessments in accordance with this Section. 4.07 Initial Capital Contribution Assessment. An Assessment is hereby levied against, and due upon the closing of the sale of each Lot in the amount of'-----------' and No/100 Dollars($[ ].00) against the purchaser of each Lot (whether such Lot has a completed Home located upon it or otherwise) and against each subsequent purchaser of each Lot; provided, however, that in the case of sales of Lots by Declarant to a Builder, the Builder shall be exempt from such Assessment. The proceeds of such Assessments may be used by the Association for any purpose for which the Association is authorized under the Articles or this Declaration. 4.08 Reservation of Lien; Effect of Nonpayment of Assessments; and Remedies of the Association. Any Assessment not paid within thirty (30) days after the due date shall bear interest thereon at a rate to be set by the Board of Directors but in no event greater than the maximum percentage rate as may then be permitted under the laws of the State of Alabama. The Association may bring an action at law or in equity against the Owner personally obligated to pay any Assessment, foreclose a lien against the Lot(s) against which the Assessment is applicable, or seek injunctive relief. Furthermore, a lien is hereby reserved in favor of the Association against each Lot in the amount of all Assessments outstanding against such Lot (the "Assessment Lien"). Interest, costs, and reasonable attorneys' fees of any action brought by the Association in respect of an Assessment and/or the Assessment Lien applicable to such Assessment shall be added to the amount of such Assessment and shall be secured by the Assessment Lien. Each such Owner, by his acceptance of a deed to or other conveyance of an interest in a Lot, hereby expressly vests in the Association the right and power to bring all actions against such Owner personally for the collection of each Assessment as a debt and to foreclose the Assessment Lien by all methods available for the enforcement of such liens, including foreclosures by an action brought in the name of the Association in a like manner as a mortgage lien on real property, and such Owner hereby expressly grants to the Association a power of sale in connection with the Assessment Lien. The Assessment Lien may be foreclosed by the Association in the same manner as real estate mortgages in the State of Alabama. The Association shall have the power to bid for an interest foreclosed under an Assessment Lien at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. No Owner may waive or otherwise escape liability for the Assessments by non-use of the Common Area or abandonment of said Owner's Lot. The Board of Directors may 05499352.1 7 also suspend the use rights of any Owner of the Common Area in the event of a failure to pay any Assessment within thirty (30) days of the applicable due date. Furthermore, and without limiting any rights of the Association hereunder, the Association shall have the right to transfer, assign and convey to any third party any debt associated with any unpaid Assessments and the Assessment Lien that is associated therewith. 4.09 Lien Rights under the HOA Act. The lien rights granted and reserved to the Association in accordance with Section 4.08 hereof shall be in addition to, and shall not be in lieu of, the lien rights that are granted to the Association by Section 35-20-12 of the HOA Act. The Association shall have the right, exercisable by the Board of Directors in its sole and absolute discretion, to elect from time to time whether to establish, record, enforce, foreclose or otherwise treat a lien against an Owner's Lot as being (a) an Assessment Lien granted and reserved in accordance with this Declaration or (b) a lien granted to the Association by Section 3 5-20-12 of the HOA Act. Any lien granted to the Association by Section 35-20-12 of the HOA Act and sought to be enforced by the Association shall be enforced in accordance with the terms and conditions of the HOA Act. 4.10 Election of Remedies. Institution of a suit at law to collect payment of any delinquent Assessments shall not be deemed to be an election by the Association which shall prevent its thereafter seeking enforcement of the collection by foreclosure of any sums remaining owing to it, nor shall proceeding by foreclosure to affect such collection be deemed to be an election precluding the institution of a suit at law to collect any sum then remaining owing to the Association. The Association shall be entitled to bid at any sale held in connection with the foreclosure of the Assessment Lien and may apply as a cash credit against its bid all sums secured by the lien enforced. 4.11 Subordination of the Lien to Mortgages. The Assessment Lien shall be subordinate to the lien of any first mortgage on a Lot. Sale or transfer of any Lot shall not affect the Assessment Lien; provided, however, the sale or transfer of any Lot pursuant to foreclosure of a first mortgage on said Lot or any proceeding in lieu thereof shall extinguish the Assessment Lien as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the Assessment Lien associated therewith or relieve the prior Owner from any personal liability for any unpaid Assessments occurring prior to said sale or transfer. 4.12 Estoppel Letter. The Association shall, within thirty (30) days after receiving a written request therefor and for a reasonable charge, as established by the Board of Directors, certify to the amount of any unpaid Assessments constituting a lien on a specified Lot. A certification letter signed by an officer of the Association or the Association's managing agent, if any, as to the amount of Assessments due with respect to a Lot shall be binding upon the Association. 05499352. l 8 ARTICLE FIVE MAINTENANCE AND REPAIR 5.01 Maintenance. The Association shall provide maintenance of the Common Area. In addition, the Association shall have the right, but not the obligation, to maintain other property not owned by the Association, whether within or without the Subdivision and to enter into easement and covenant to share costs agreements regarding such property where the Board has determined that such action would benefit the Owners. Without limiting the foregoing, the Association shall have a reasonable right of entry upon any Lot to make emergency repairs and to do other work reasonably necessary for the proper maintenance and operation of the Common Area and to carry out its rights and duties set forth in this Declaration. Each Owner shall maintain his or her respective Lot and shall also maintain and repair, at such Owner's sole cost and expense, said Owner's House, patio and yard area keeping the same in good condition and making all structural repairs and maintenance, external and internal, as may be required from time to time, including, but not limited to maintenance and repairs of any enclosed patio area, screens and screen doors, exterior door and window fixtures, glass, and other hardware. Each Owner shall also be responsible for the maintenance and repair of any fence or fences erected on such Owner's Lot and gates appurtenant thereto and for keeping the same in good condition. 5.02 Failure to Maintain. In the event an Owner shall fail to maintain and repair his Lot and the improvements situated thereon, as provided for herein, the Association, after approval by a majority vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said Lot and to repair, maintain, and restore the Lot and the House and any other improvements erected thereon. The cost of the same shall be added to and become part of the Assessment to which such Lot is subject; provided, however, if a dispute arises concerning the foregoing between the Owner and the Association, the matter may be submitted to arbitration in accordance with the mutual agreement of the parties. 5.03 Damage to Common Area. Notwithstanding anything contained in this Article Five to the contrary, each Owner shall be personally responsible and personally liable for any damage to the Common Area, or any portion thereof, caused by the Owner and/or the Owner's family members, guests, invitees, lessees or licensees as a consequence of the negligence, recklessness or willful misconduct of such person. The cost of repair for any damage so caused by the Owner, the Owner's family members, guests, invitees, lessees or licensees shall be an individual Assessment against the Owner responsible therefor and the Lot of such Owner. ARTICLE SIX ARCHITECTURAL CONTROL 6.01 Submission of Plans and Specifications. No House, building, fence, wall, fixture, telecommunication installation or other structure, improvement, or alteration shall be constructed, erected, installed, or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications of the same shall have been submitted by an Owner to and approved in writing as in harmony with this Declaration by the Architectural Review Committee. Two (2) copies of the building or construction plans and specifications shall be submitted to the Architectural Review Committee. Prior to commencement of any construction 05499352.1 9 or installation activities on a Lot, an Owner's Plans must be approved by the Architectural Review Committee as to conformity and harmony with this Declaration. The Architectural Review Committee may, from time to time, establish additional written design guidelines for the Subdivision, and a copy of any such guidelines then in effect shall be made available to any Member requesting a copy of same from the Association. 6.02 Approval or Disapproval. The Architectural Review Committee shall indicate its approval or disapproval of such plans and specifications by delivering, in writing, notice of such approval or disapproval to the requesting Owner. In the event the Architectural Review Committee fails to approve or disapprove such design and location within forty-five (45) days after said plans and specifications have been submitted to it, disapproval shall be deemed automatically given. 6.03 Right oflnspection. The Architectural Review Committee shall have the right, but not the obligation, to inspect the Owner's Lot and improvements during construction and prior to occupancy to inspect whether construction is proceeding in accordance with the construction plans submitted and approved by the Architectural Review Committee. Failure of an Owner to comply with the provisions of this Section 6.03, or failure of an Owner to carry out construction in accordance with the provisions of this Article, shall subject such Owner to such remedies as might be available at law or in equity (including, but not limited to, specific performance and injunction and payment of the prosecuting parties' reasonable legal fees and expenses). 6.04 Limited Review. The scope of review by the Architectural Review Committee is limited to appearance only and does not include any responsibility for structural soundness, suitability of construction or materials, compliance with building or zoning codes or standards, this Declaration, or any other similar or dissimilar factors. 6.05 Waiver of Liability. Neither the Architectural Review Committee nor any architect nor agent thereof nor the Association nor any agent or employee of any of the foregoing shall be responsible in any way for the failure of any improvements to comply with the requirements of this Declaration, nor for any defects in any plans and specifications submitted, revised or approved in accordance with the foregoing provisions, nor for any structural or other defects in any work done according to such plans and specifications, and all persons relying thereon or benefiting therefrom agree not to sue or claim against the entities and persons referred to in this Section for any cause arising out of the matters referred to herein and further agree to and do hereby release said entities and persons for any and every such cause. ARTICLE SEVEN USE RESTRICTIONS 7.01 Residential Use; Commercial Activity. Except as is hereinafter provided in this Section and in Section 10.0l(c) hereof, each Lot is hereby restricted to a private, single-family dwelling for residential use. No commercial activities of any kind whatsoever shall be conducted in any Home, any other building located on a Lot, or any portion of any Lot; provided, however, that (a) an Owner may conduct a business entirely within his Home so long as (i) such business uses only ten percent (10%) of the total square footage of such Home, (ii) such business does not result in parking of additional vehicles on the Subdivision streets or Common Areas, (iii) such 05499352.1 10 business is secondary to the use of the Lot for residential purposes, (iv) such business shall not violate any applicable zoning ordinances, and (v) such business does not create a nuisance or unreasonably interfere with any other Owner, Home, or Lot, and (b) Builders shall have the right to use a House as a "model home" and to operate a sales office from such model home with the prior written approval of the Architectural Review Committee. 7.02 Subdivision of Lots. Each Lot shall be conveyed as a separately designated and legally described freehold estate subject to the terms, conditions, and provisions hereof, to easements and rights-of-way, and to matters of public record. No Lot may be subdivided into a smaller Lot or Lots unless approved by the Association; provided, however, that an entire Lot may be combined with an entire adjacent Lot and occupied as one Lot but assessed and governed as two Lots. 7.03 Signs. No sign of any kind shall be displayed on any Lot (including, without limitation, any signage within a Home that is visible from the exterior of such Home), except (i) that any Owner actively attempting to sell his Lot may place a "for sale" sign ofless than four (4) square feet on his Lot; (ii) during the building of homes in the Subdivision, Declarant and/or the Builders in the Subdivision may place signs at the entrance and/or on any Lot then owned by the Declarant and/or the Builders to advertise the Subdivision and the Lots for sale therein; and (iii) any Owner may display a sign of reasonable size provided by a contractor for security services within 10 feet of any entrance to the home. 7.04 Noxious and Offensive Activity. No noxious or offensive activity shall be carried on, in or upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to any other Owner. 7.05 Design Criteria; Structure. All improvements, fixtures, and telecommunication installations to be constructed, installed, or otherwise located on a Lot by an Owner shall be approved in writing by the Architectural Review Committee prior to commencement of construction or installation in accordance with the terms of this Declaration and shall otherwise comply with the following requirements, which requirements remain subject to waiver or modification in writing by the Architectural Review Committee from time to time and on a case by case basis: 05499352.1 (a) (b) (c) Any House shall contain a minimum of fourteen hundred (1,400) square feet of heated and cooled living space. No House may exceed three (3) habitable stories above grade. All sidewalks shall be constructed along the street right-of-way of each Lot as noted on the Plat of Subdivision or as required by the City of Fairhope, Alabama. Accordingly, each site plan submitted to the Architectural Review Committee shall show the location and material to be used for construction of the sidewalk, all as required and approved by the Architectural Review Committee. Each Owner shall construct or cause to be constructed on his or her Lot the approved sidewalk upon completion of the House on his or her Lot and before occupancy thereof. 11 (d) (e) (t) (g) (h) (i) (i) (k) (I) 05499352.1 The residential structure shall contain a two-car garage that is approved by the Architectural Review Committee; provided however, that no two-car garage may have a flat roof and any such garage shall be in conformity with the general architecture of the primary residential building or structure. Air-conditioning and heating units, blowers, towers, condensers or structures related thereto, when erected between the side of any building or structure and the side Lot line of the Lot on which said building or structure is located, shall be enclosed in conformity with the general architecture of the primary residential building or structure, or shielded by shrubbery. No window air-conditioning units shall be permitted. Underground electrical distribution facilities are required and no overhead electrical or similar wiring or lines shall be permitted. All outside radio and T.V. antennas (including satellite dishes and other signal receiving/transmitting equipment) shall be installed in such a way as to minimize visibility from the front of the Lot and shall be placed on the back or side of any roof. No pl um bing or heating vent shall be placed on the front side of any roof. Driveways must be made of concrete, unless an alternative surface is approved by the Architectural Review Committee in its sole discretion; provided, however, that in no event may any Driveway be painted, scored or otherwise colored. During construction, all vehicles, including those delivering supplies, must be parked so as not to unnecessarily damage trees on a Lot or Common Area. All building debris, stumps, trees, etc., must be removed from each Lot by the Owner thereof as often as necessary to keep the House and Lot attractive. Such debris shall not be dumped in any area of the Subdivision. Walls or fences constructed or erected on any Lot shall be of ornamental iron, wood, black painted metal or masonry construction. No wall or fence shall be constructed from the front property line to the rear corners of the House. No fences may be constructed without the prior written approval of the Architectural Control Committee pursuant to the requirements set forth in Section 6.01, and the Architectural Control Committee reserves the right to refuse to allow any fencing on any Lot. All disturbed areas shall be sodded or otherwise stabilized and the yard shall be landscaped upon the completion of construction and before occupancy. It shall be the Owner's responsibility to maintain any landscaping, walls or fences situated on a Lot so that such improvements remain in an attractive, well-kept condition. 12 (m) No outside clothes lines shall be permitted. (n) Following construction of a Home on a Lot, existing drainage shall not be altered in any manner, and specifically shall not be altered in such a manner as to divert the flow of water onto an adjacent Lot. ( o) Any roof constructed over any structure on any Lot must be covered with composite shingles or such other types of roof coverings of a higher grade and quality than composite shingles as are approved by the Architectural Review Committee. 7.06 Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot except that dogs, cats, and other household pets may be kept subject to the rules and regulations adopted by the Association, provided that they are not kept, bred, or maintained for any commercial purpose. Pets must be kept leashed and/or under control at all times. 7.07 Waste. No rubbish, trash, garbage, or other waste material shall be kept or permitted upon any Lot except in sanitary containers located in appropriate area, screened and concealed from view. 7 .08 Accessory Structures. Except as otherwise provided for herein, no patio cover, building or storage unit of any kind shall be erected, placed or set on any Lot unless such structure is attached to the House erected on the same Lot and the architecture and character of such structure matches that of said House. Notwithstanding the foregoing, one (1) accessory building may be erected, placed or set on any Lot if such structure is: (a) no more than eight (8) feet in height; (b) located upon the back yard of such Lot; ( c) enclosed on all sides by a wooden fence of at least six (6) feet in height (which must be approved by the Architectural Control Committee); and (d) approved by the Architectural Review Committee. 7.09 Temporary Structures. No structure of a temporary character, trailer, mobile home, motor home, modular building unit, basement, tent, shack, garage, barn, or other outbuilding shall be used at any time on the Lots as a residence, either temporarily or permanently. 7.10 Vehicles. (a) No inoperative cars, trucks, trailers, boats, campers or other types of vehicles shall be allowed to remain either on or adjacent to any Lot for a period in excess of forty- eight ( 48) hours; provided, however, this provision shall not apply to any such vehicle being kept in an enclosed garage. (b) No trucks larger than a one-ton pickup shall be parked in the Subdivision, except those reasonably necessary to complete approved improvements. (c) Recreational vehicles and campers shall not be parked or stored on any Lot. Boats shall be parked in garages or shall be stored out of sight from all neighbors and fully screened by a privacy fence of no less than six (6) feet in height. 05499352.1 13 (d) No permanent or long-term parking on streets is allowed. Parking in yards is strictly prohibited. (e) There shall be no major repair performed on any motor vehicle on or adjacent to any Lot unless performed inside an enclosed garage. (f) No noxiously loud or dangerous vehicles shall be allowed to be operated on any Lot. 7.11 Construction. (a) When the construction of any improvement upon any Lot has begun, work thereon shall be pursued diligently and continuously until full completion. All construction sites must be kept clean, and debris shall not be allowed to accumulate. During construction, the use of dumpsters for routine cleaning of construction sites is permitted. (b) No residence constructed on any Lot may be occupied prior to its substantial completion. (c) Landscaping shall be completed within sixty (60) days after completion of construction. 7.12 Pollution. There shall be no noxious emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical or magnetic disturbance, detectable at the lot line or beyond. 7.13 Outdoor Lighting. No exterior lighting fixture (other than fixtures approved by the Architectural Review Committee) shall be installed within or upon any Lot without adequate and proper shielding of the fixture. No lighting fixture shall be installed that may become an annoyance or a nuisance to Owners or occupants of adjacent properties. 7.14 Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or waste. All storage equipment for such material shall be kept in a clean and sanitary condition. 7.15 Oil and Mining Operations. No activity or hardware used for the purpose of exploration or extraction of minerals, oil, or gas shall be allowed on any Community Property at any time. 7.16 Firearms and Fireworks. The display or discharge of firearms or fireworks on any Lot or any Common Area is prohibited; provided, however, that the display of lawful firearms on the Common Area is permitted by law enforcement officers and also is permitted for the limited purpose of transferring firearms across the Common Area to or from an Owner's Lot. The term "firearms" includes "B-B" guns, pellet guns and other firearms of all types, regardless of size. 05499352.1 14 7.17 No Hanging of Items. No clothes, sheets, blankets, towels, laundry of any kind or other articles shall be hung out or exposed on any balconies, patios, or railings. Notwithstanding the foregoing, in the event the Association purchases any flags or other decorative items, each Owner shall hang any such flag or other decorative item from the exterior of such Owner's Home at the location, in the manner and at such times as shall be required by the Association in the Association's sole and absolute discretion. 7.18 Hazardous Items. No one shall use or permit to be brought onto any Lot or upon any of the Common Area any flammable oils or fluids such as gasoline, kerosene, naphtha or benzene, or other explosives or articles deemed hazardous to life, limb or property, without the written consent of the Board of Directors; provided, however, that an Owner may store and possess gasoline and other flammable or hazardous materials typically used in the operation and maintenance of a single family residence and yard, in reasonable quantities for personal use upon Owner's Lot without obtaining such written consent. The Board of Directors may require removal of any flammable or hazardous materials from the Subdivision if it determines, in its sole and absolute discretion, that any type or quantity of material is in violation of this Section. 7.19 Water and Sewer Service. The Owner of each Lot shall be required to connect to and use the central water distribution system and central sanitary sewage disposal system serving the Subdivision, and shall be responsible for paying all connection fees and assessments. No septic tanks or wells will be permitted. 7.20 Windows and Window Treatments. Reflective glass shall not be permitted on the exterior of any House or other structure. No foil or other reflective materials shall be installed on any windows or used for sunscreens, blinds, shades or for other purposes. All exterior window styles, materials, and colors must be approved by the Architectural Review Committee; provided, however, that in no event shall burglar bars and/or wrought iron doors be permitted. 7.21 Lots on Wetland Areas, Body of Water. No Lot shall be increased in size by filling in of any wetlands, body of water, creek or any waterway on which it may abut without appropriate governmental permits (if any are required) and prior written approval of the Architectural Review Committee. 7.22 Compliance With Law. In all cases, each Owner shall comply in all respects with all applicable laws, rules and regulations (including, without limitation, applicable zoning ordinances) promulgated by any governmental authority having jurisdiction over the Lots and the Common Area. 7.23 Swimming Pools. No swimming pools shall be constructed, altered or maintained upon any Lot without the prior written approval of the Architectural Review Committee in accordance with Article Six hereof. Notwithstanding the foregoing, any such swimming pool must also be constructed, equipped, and maintained in accordance with the laws, ordinances, regulations, rules and standards of any city, county, and/or state authorities having jurisdiction over the Subdivision. Any Owner who desires to construct a swimming pool on such Owner's Lot shall also, prior to completion of such swimming pool, construct a fence around such swimming 05499352.1 15 pool, which fence must also be approved by the Architectural Review Committee in accordance with Article Six hereof. No above-ground swimming pools shall be allowed. ARTICLE EIGHT ADDITIONAL RESTRICTIONS 8.01 Leasing. Homes and Lots may be leased by an Owner for residential purposes only; provided, however, that any such leasing activities shall be subject to the following terms and conditions: (a) any such lease and the rights of any tenants thereunder are hereby made expressly subject to the power of the Association to prescribe reasonable rules and regulations relating to the lease and rental of Lots and Homes and to enforce the same directly against such tenant or other occupant by the exercise of such remedies as the Board of Directors deems appropriate, including eviction; (b) no such lease shall be for less than one (1) year; and ( c) all leases must be in writing, with a copy provided to the Association upon request by the Association. Any Owner who leases his Home or any portion thereof shall be responsible for the acts of his tenants, including, without limitation, the violation of this Declaration and/or any rules and regulations promulgated by the Association hereunder. 8.02 Restrictions on Mortgaging Lots. Nothing contained herein shall be construed to place any restrictions on an Owner's right to mortgage his Lot. 8.03 Regulations. Reasonable regulations concerning the use of the Lots and the Common Area may be made and amended from time to time by the Board of Directors. 8.04 Lender's Notices. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor and the Lot number or address, any mortgage holder, insurer, or guarantor will be entitled to timely written notice of: (a) Any condemnation or casualty loss that affects either a material portion of the Common Area or the Lot securing its mortgage. (b) Any sixty (60) day delinquency in the payment of Assessments or charges owed by the Owner of any Lot on which it holds the mortgage. ARTICLE NINE ENFORCEMENT; DURATION; AMENDMENT 9.01 Enforcement. The Association, the Board of Directors, the Architectural Review Committee and/or any Owner shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges imposed by the provisions of this Declaration. Failure by the Association, the Board of Directors, the Architectural Review Committee and/or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9.02 Enforcement by Owners. An Owner may file a legal action for the violation of this Declaration (the "Complainant"), provided that the following procedure is strictly followed: 05499352.1 16 (a) The Complainant must first give the Association written notice of the alleged violation of this Declaration together with a demand seeking that the Association enforce the terms of this Declaration as against said violator; and (b) The Association must fail to cause a cure of the alleged violation or, if the alleged violation has not been cured, fail to commence legal proceedings against said violator for the enforcement of the terms and conditions of this Declaration within one hundred twenty (120) days of the date of the Association's receipt of the notice referenced in subsection ( a) hereof. 9.03 Attorneys' Fees. In any action (whether in advance of or prior to the initiation of any legal or equitable proceeding, in arbitration, in trial, in any administrative or other similar proceedings, or in any appeal from any of the same) pertaining to any condition, restriction or covenant herein contained ( due to their alleged violation or breach) or for the enforcement of any lien against any Lot or against any Person, unless otherwise expressly provided in this Declaration to the contrary for specific instances and conflicts, the prevailing party shall be entitled to recover all costs, including reasonable legal fees and expenses. 9.04 Term. This Declaration is to take effect upon recordation and shall be binding upon the Association and all Owners and all persons and entities claiming title under and through them for fifty (50) years after the date this Declaration is recorded in the public records, after which it shall be automatically extended for successive ten (I 0) year periods unless an instrument in writing, signed by Members holding at least eighty percent (80%) of the voting interests in the Association, has been recorded within the year preceding the beginning of each successive period of ten (10) years, agreeing to change said covenants and restrictions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated as specified therein. 9.05 No Additional Burden. Except as provided in Article Ten, no amendment of this Declaration shall place an additional burden or restriction or requirement on any Lot where the Owner of such Lot does not join in said amending instrument. 9.06 Amendments. Except as provided in Article Ten, this Declaration may be amended by vote of the Members having sixty-seven percent (67%) of the voting interests in the Association, or by a written instrument signed by the same percentage of Members; provided, however, that unless and until Turnover has occurred no such amendment may be effected without the written consent of Declarant to such amendment, which consent may be withheld by Declarant in Declarant's sole and absolute discretion. Declarant shall have and reserves the right at any time and from time to time, without the joinder or consent of any other party to amend this Declaration by any instrument in writing duly signed, acknowledged and filed for record for the purpose of correcting any typographical or grammatical error, ambiguity or inconsistency appearing herein, provided that any such amendment shall be consistent with and in furtherance of the general plan and scheme of development as evidenced by this Declaration and shall not impair or adversely affect the vested property or other rights of any Owner or such Owner's Mortgagee. 05499352.1 17 ARTICLE TEN RESERVED DECLARANT RIGHTS 10.01 General Reserved Rights. Until Turnover, Declarant reserves unto itself, its successors and assigns: (a) A right-of-way and easement for ingress and egress and easement for utilities, drainage, maintenance, repairs and other related uses over, along, and across the Common Area for all purposes relating in any manner to the subdividing, developing or aiding in the development of the Subdivision or any parts or parts thereof or additions thereto by Declarant or others. (b) The right to grant easements and rights-of-way of ingress and egress and for drainage, utilities, maintenance and repairs along, over, across and under the Common Area to any person, firm, corporation or entity for use as ingress or egress or for drainage, utilities, maintenance and repairs. ( c) The right to maintain, and grant Builders the right to maintain, a sales office and/or a management office and/or one or more model homes in the Subdivision and to maintain signs therein advertising the Subdivision and to conduct its business and sales activities pertaining to the Subdivision therein and therefrom. All of the above rights and interests reserved by Declarant may be exercised by Declarant without the consent or concurrence of the Association or any Member. 10.02 Right to Annex Property. Declarant hereby reserves the right, exercisable in its sole and absolute discretion, to (a) make any Additional Property subject to all or any of the terms and conditions of this Declaration and/or (b) permit owners of Additional Property to become Members of the Association. No assurances can be made as to whether any Additional Property will be annexed. Furthermore, Declarant expressly reserves the right to exercise this right on multiple occasions. No assurances can be made with respect to the boundaries of any portions of any Additional Property that might be annexed. Declarant's option to annex any Additional Property in accordance with this Section shall expire upon Turnover. The Additional Property may be annexed in accordance with this Section by an amendment to this Declaration, which amendment may be made and entered into by Declarant in its sole and absolute authority and discretion without the consent, approval or signature of the Association or any Member. Notwithstanding anything contained in this Section to the contrary, (a) no Additional Property shall be subject to this Declaration unless and until Declarant executes an amendment to this Declaration affirmatively exercising Declarant's rights hereunder and records such amendment in the office in which this Declaration is recorded, and (b) in the event Declarant exercises its right to annex any Additional Property in accordance with this Section, Declarant shall also have the sole and exclusive right to alter, or otherwise replace with other terms, the terms of Section 7 .05 hereof as those terms pertain to any Lots created out of such Additional Property. 10.03 Amendment of Declaration by Declarant. Until Turnover, Declarant reserves unto itself the right, authority and power to amend this Declaration in any manner Declarant deems 05499352. l 18 necessary and appropriate. Any amendment to this Declaration made in accordance with this Section shall require only the signature of Declarant and shall not require the signature of any other Owner or any Mortgagee of any Owner. 10.04 Reserved. 10.05 Turnover. Except as is provided in Section 10.02 hereof to the contrary, all rights of Declarant hereunder shall automatically terminate upon Turnover, except those rights that Declarant holds as an Owner and not by virtue of being the declarant under this Declaration, which shall continue as long as Declarant is an Owner. ARTICLE ELEVEN INSURANCE;CASUALTY 11.01 Insurance on Common Area. The Association shall obtain the insurance coverage necessary to satisfy the requirements, if any, of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, and the U.S. Department of Housing and Urban Development, as applicable to the Subdivision. Without limiting the foregoing, the Board shall obtain casualty insurance for all insurable improvements, whether or not located on the Common Area, which the Association is obligated to maintain. This insurance shall provide, at a minimum, fire and extended coverage and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. The Board shall obtain a public liability policy applicable to the Common Area covering the Association and its Members for all damage or injury caused by the negligence of the Association or any of its Members or agents, and, if reasonably available, directors' and officers' liability insurance. Policies may contain a reasonable deductible as determined by the Board. In addition to the other insurance required by this section, the Board shall obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws, and a fidelity bond or bonds on directors, officers, employees and other persons handling or responsible for the Association's funds, if reasonably available. If obtained, the amount of fidelity coverage shall cover the maximum funds that will be in the custody of the Association or its management agent at any time while the policy is in force, or any lesser amount of fidelity coverage allowable under the applicable Fannie Mae guidelines. Fidelity coverage shall contain a waiver of all defenses based upon the exclusion of persons serving without compensation. All such insurance coverage shall be written in the name of the Association. The expense of all insurance coverage obtained by the Association in accordance with this Section shall be a Common Expense. 11.02 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall carry all-risk casualty insurance on the Lot and all structures constructed thereon and a liability policy covering damage or injury occurring on a Lot. The casualty insurance shall cover loss or damage by fire and other hazards commonly insured under an all-risk policy, if reasonably available and shall be in an amount sufficient to 05499352.1 19 cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. The policies required hereunder shall be in effect at all times. 11.03 Damage and Destruction -Insured by Association. Not later than ninety (90) days after damage or destruction by fire or other casualty to any portion of any improvement covered by insurance written in the name of the Association, the Board or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within 120 days after the casualty, a proposal not to repair or reconstruct such property is approved by at least seventy-five percent (75%) of the voting interests of the Members. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed one hundred eighty (180) days. If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the Members, levy a special Assessment against the Owner of each Lot. Additional Assessments may be made in like manner, as necessary, at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, the property shall thereafter be maintained by the Association in a neat and attractive condition. 11.04 Damage and Destruction -Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within ninety (90) days after such damage or destruction or, where repairs cannot be completed within ninety (90) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within ninety (90) days after such damage or destruction. ARTICLE TWELVE MISCELLANEOUS 12.01 Savings. If any provision or provisions of this Declaration, or any article, section, sentence, clause, phrase, or word herein, or the application thereof, is in any circumstances held invalid, the validity of the remainder of this Declaration and the application thereof shall not be affected thereby. 05499352.1 20 12.02 Captions. The captions in this Declaration are for convenience only and are not a part of this Declaration and do not in any way limit or amplify the terms and provisions of this Declaration. 12.03 Applicable Law. The laws of the State of Alabama shall govern this Declaration. All actions or proceedings in any way, manner or respect, arising out of or from or related to this Declaration shall be litigated only in courts having situs within the county in which the Subdivision is located. Each Owner hereby consents and submits to the jurisdiction of any local, state or federal court located within said county and state and hereby waives any rights it may have to transfer or change the venue of any such litigation. The prevailing party in any litigation in connection with this Declaration shall be entitled to recover from the other party all costs and expenses, including, without limitation, fees of attorneys and paralegals, incurred by such party in connection with any such litigation. 12.04 Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations hereunder is not a consent or waiver to or of any breach or default in the performance by that Person of the same or any other obligations of that Person. Failure on the part of a Person to complain of any act or to declare any Person in default hereunder, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default. 12.05 Headings. The headings and captions herein are used solely as a matter of convenience and shall not define, limit or expand any term or provision of this Declaration. 12.06 Interpretation. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of a subdivision in accordance with Alabama law. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision or any other provision hereof. 12.07 Notice. All notices required or desired under this Declaration to be sent to the Association shall be sent certified mail, return receipt requested, by hand delivery or by a recognized overnight courier who maintains verification of delivery, to the Secretary of the Association, at such address as the Association may designate from time to time by notice in writing to all Owners. All notices to any Owner shall be delivered by hand delivery, by a recognized overnight courier who maintains verification of delivery in person, or sent by first (1 st) class mail to the address of such Owner's Lot, or to such other address as he may have designated from time to time, in a writing duly received, to the Association. 12.08 Conflict Between Documents. In the event of any conflict or ambiguity between the terms, provisions, definitions, covenants and conditions set forth herein in this Declaration and the HOA Act, then the provisions of the HOA Act shall at all times control. If there is any conflict or inconsistency between the terms and conditions of this Declaration and the terms and conditions of the Articles of Incorporation, the Bylaws or any rules and regulations promulgated hereunder, the terms and conditions of this Declaration shall control. If there is any conflict or inconsistency between the terms and conditions of the Articles of Incorporation and the terms and conditions of the Bylaws or any rules and regulations promulgated hereunder, the terms and conditions of the 05499352.1 21 Articles of Incorporation shall control. If there is any conflict or inconsistency between the terms and conditions of the Bylaws and the terms and conditions of any rules and regulations promulgated hereunder, the terms and conditions of the Bylaws shall control. {Remainder of Page Intentionally Left Blank} 05499352.1 22 IN WITNESS WHEREOF, Declarant has executed this Declaration by and through its duly authorized representative as of the date first set forth above. DECLARANT: 68V Laurelbrooke 2020, LLC, an Alabama limited liability company By: ------------------Name: -------- As Its -------- STATE OF ALABAMA: COUNTY OF BALDWIN: I, the undersigned Notary Public, in and for said State and said County, hereby certify that _______ , whose name as _______ of 68V Laurelbrooke 2020, LLC, an Alabama limited liability company, is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of said instrument, he, as such ______ and with full authority, executed the same voluntarily as and for the act of said entity on the day the same bears date. Given under my hand and official notarial seal this the __ day of _____ , 2020. {SEAL} NOTARY PUBLIC My Commission Expires: ---------- 05499352.1 23 MORTGAGEE'S CONSENT AND SUBORDINATION ("Secured Lender"), the mortgagee under that certain ~----------~ executed by 68V Laurelbrooke 2020, LLC, an Alabama limited liability company, dated [ ], and recorded in Instrument Number[. _____ __, of the Office of the Judge of Probate of Baldwin County, Alabama (the "Mortgage"), does hereby consent to the recording of this Declaration. Furthermore, Secured Lender does hereby subordinate in all respects its interest in and to the mortgaged property described in the Mortgage to this Declaration; provided, however, that the lien of the Association for Assessments under this Declaration shall be subordinate to the lien of Secured Lender under the Mortgage, as provided in Section 4.11 of this Declaration. Secured Lender does hereby acknowledge and agree that this Declaration shall be given priority over the Mortgage, and shall be unaffected by any default, foreclosure or exercise of any other remedy under the Mortgage, the same as if this Declaration were executed, delivered and recorded prior to the execution and recording of the Mortgage. IN WITNESS WHEREOF, Secured Lender has caused this Consent and Subordination to be executed by and through its duly authorized representative as of the_ day of ____ _ 2020. By: ------------------Name: ----------------As Its: ---------------- STATE OF ---------COUNTY OF -------- I, the undersigned Notary Public, in and for said State and said County, hereby certify that whose name as _______ of __________ , is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of said instrument, s/he, as such ____________ and with full authority, executed the same voluntarily as and for the act of said entity on the day the same bears date. Given under my hand and official notarial seal this the_ day of -------- 2020. {SEAL} NOTARY PUBLIC My Commission Expires: _______ _ 05499352.1 24 [EXHIBIT "A" DESCRIPTION OF THE SUBDIVISION PROPERTY] 05499352.1 A-1 1 Date of review: 7/31/2020 Project: SD 20.43 Laurelbrooke Village Subdivision Article IV, Section F. Village Subdivision Purpose - The subdivision standards established in these regulations are the minimum required standards to promote the health, safety and welfare of the jurisdiction, promote good civic design, and implement the goals of the Comprehensive Plan. The Village Subdivision regulations in this Section F. are intended to provide an alternative to the standard subdivision regulations. The Village Subdivision regulations in this Section F. encourage imaginative design, planning, and environmental sensitivity based on a comprehensive, site-specific plan, and which enhance the development’s ability to implement the Comprehensive Plan. The applicant may elect to apply for these alternative standards at its sole discretion. Use of these alternative standards requires a minimum of three (3) acres of property. Application/Approval Procedures - a. The application procedure for a Village Subdivision shall be the same as for any Preliminary or Final Plat. Fees shall be paid accordingly. b. A Site Plan that adheres to the requirements below shall be submitted to the Planning Commission for consideration prior to or in conjunction with the Preliminary Plat. c. A Site Plan as approved becomes the tool that governs development of the property. Any and all plats of the property must be in substantial conformance with the site plan as determined by the Planning Director and/or his/her authorized agent. A site plan may not be substantially modified after approval without the re-approval of the Planning Commission. Site Plan Required - A Site Plan is required to be submitted. The site plan is the instrument on which the plat for the project is based. All site plans shall provide, in addition to the information on a Preliminary and Final Plat, the Information more fully described in the checklist below. The following review checklist is derived from Article IV, Section F. of the City of Fairhope Subdivision Regulations, and/or staff recommendations. Additional comments may be depicted on “marked-up” plans. Level of acceptance is indicated with an “x” in the checkboxes below with comments indicated in bold italic. Missing or outstanding items, or items requiring revision and resubmission are further described in the comments section of each item and are indicated in red bold italic text. Village Subdivision Site Plan Review Requirements from the City of Fairhope Subdivision Regulations Article IV, Section F.3.a. Application form supplied by the City and appropriate fee ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section F.3.b. Name and address of the owner, designer, applicant, and all associated investors participating in the preparation of the site plan and record owners of lands immediately adjacent to the subdivision ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Joanne L. Pizotti is the trustee of the Joanne L. Pizotti Living Trust I I I I 2 Article IV, Section F.3.c. North-point, Scale limited to 1:100, Vicinity Map limited to 1:9600, and the date of preparation of the plan ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section F.3.d. Existing zoning, if any, and uses of contiguous land ☐N/A ☐Accepted with comments ☒Revise and Resubmit per comments Comments: Indicate the zoning district (or if unzoned, the Baldwin County Planning District) within the site data table. Article IV, Section F.3.e. Size and location of all existing features including trees greater than 20” in diameter, significant tree stands, drainage channels, streams, ponds, lakes, or other natural features ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section F.3.f. Classification and mixture of all proposed buildings within the site plan ☐N/A ☐Accepted with comments ☐Revise and Resubmit per comments Comments: The included narrative explains subject application is requesting single-family residential lots. Further, proposed covenants and restrictions appear to support a single-family residential development. Article IV, Section F.3.g. Architectural features, including building elevations, exterior material, and roof pitches of all building classifications within the site plan. ☐N/A ☐Accepted ☒Revise and Resubmit per comments Comments: Not furnished Article IV, Section F.3.h. Size, location, and sufficient dimensions of all buildings and improvements within the site plan to indicate their size and relationship to all proposed and existing streets, lot lines, and structures and improvements within or contiguous to the site plan ☐N/A ☐Accepted ☒Revise and Resubmit per comments Comments: Not furnished Article IV, Section F.3.i. Covenants and restrictions that will be recorded with the site plan and plat, and will run with the property ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Comments: For the applicant’s information the Planning Commission has no enforcement authority over covenants and restrictions. Article IV, Section F.3.j. Density in dwelling units per acre for residential uses and Floor Area Ratio for non- residential uses ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Comments: 2.01 units per acre reflected on the proposed preliminary plat. I I I I I I I I I I I I I I I I 3 Article IV, Section F.3.k. Location and dimension of all site improvements including sidewalks, pedestrian paths, streets, lanes, driveways, and parking areas. ☐N/A ☐Accepted ☒Follow-up information required Comments: 60’ rights-of-way (ROWs) are proposed, which is greater than the 50’ ROW requirement of the City of Fairhope Subdivision regulations for Local Streets with a design speed of 20 mph. Please provide typical street sections depicting the layout of the proposed ROWs (location and width of sidewalks, location of street trees in the planting strip, etc.) as this is a Village Subdivision and that ROW layout is a component of the Village Subdivision approval. This review assumes that any ROW layout will also comply with the Baldwin County Subdivision regulations. Article IV, Section F.3.l. Landscape plan for all private property and common areas within the site plan including the location, landscape elements, lighting, and other public or private amenities ☐N/A ☐Accepted ☒Revise and Resubmit per comments Comments: Lighting is not reflected in the landscape drawings. Article IV, Section F.3.m. Landscape plan for all public areas, streetscapes, and greenspace, including location, dimensions, landscape elements, lighting and other public amenities ☐N/A ☐Accepted ☒Revise and Resubmit per comments Comments: Lighting is not reflected in the landscape drawings. Cross reference Article V, Section D.3.f. for street lighting requirements. If an alternative lighting method is desired, it shall be requested as component of the Village Subdivision approval, otherwise the subdivision regulations govern. Article IV, Section F.3.n. Proposed phases of the site plan, if any, clearly showing phase lines and approximate time frames for construction of each phase ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Comments: Phases depicted on proposed preliminary plat; phasing schedule included in Village Site Plan Narrative. Article IV, Section F.3.o. A topographical site plan with an aerial overlay submitted on a digital copy of all plans in an Adobe PDF format. ☐N/A ☐Accepted ☒Follow up information requested Comments: Please provided digitally. Article IV, Section F.3.p. Plans shall include a site data table box including, but not limited to, the total acreage of the site, the acreage of the common area, the number of lots, the density, the gross floor area for buildings, and the number of units proposed. ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Comments: The typical square footage of the single family homes proposed is listed in the Village Site Plan Narrative. Article IV, Section F.3.q. Names and addresses of all contiguous property owners of record ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: I I I I I I I I I I I I I I 4 Article IV, Section F.3.r. A comprehensive narrative statement describing the proposed uses of all land, structures, and improvements, and explaining the function and operation of the site plan as a whole ☐N/A ☒Accepted ☐Revise and Resubmit per comments Comments: Article IV, Section F.3.s. Additional data as the Commission requires ☐N/A ☐Accepted ☒Follow-up information requested Comments: Based upon the site data table, the total site of 59.72 acres, minus 25.09 acres of common area, minus approximately 7.52 acres of ROWs leaves approximately 27.11 acres for residential lots. Using 27.11 acres, divided by 15,000sf per lot (the typical requirement for unzoned properties) allows approximately 79 lots of compliant size without altering ROWs or common areas and thus complies with the subdivision regulations without a Village Subdivision approval. Please provide a narrative further explaining the rationale for requesting 60’ x 140’ (8,400sf) lots as opposed to 100’ x 150’ (15,000sf) lots otherwise required for unzoned areas within the COF Planning Jurisdiction. Specifically, how is this development unique and how does it create a “village” in an otherwise undeveloped area without creating a “leap frog” development. Further, proposed greenspace comprising the 25.09 acres of common area is not indicated on the proposed plat. Thus, it is not possible to determine eligible greenspace at this time because it is not possible to determine “net density” as required by Article V Section “D” without more information. Unless otherwise requested via this Village Subdivision, the subdivision regulations shall govern greenspace requirements. Has a wetland delineation been performed and what are the dimensions of that delineated area? The U.S. Fish and Wildlife map viewer indicates “freshwater forested/shrub wetland” through this area and includes a riverine “blue line” stream. I I 5 Article IV, Section F.4. The Site Plan approved by the Planning Commission stands for six months from the date of approval. If the preliminary plat is not submitted for approval within the six months after site plan approval, the approval becomes null and void. Review and re-approval shall be required for any new plan, or the same or similar plan, according to the standards and procedures of this section. Following the review and approval of a Preliminary or Final Plat associated with a Site Plan, the Site Plan shall be valid for the period of the Preliminary or Final Plats validity. ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Comments: For the applicant’s information. Article IV, Section F.5. Any plat for the Village Subdivision must conform to all procedures and standards of the Subdivision Regulations, except where modification of the design, planning, and public improvements have been approved by the Planning Commission. The Planning Commission may modify the required standards of the subdivision regulations based on clear and convincing proof presented by the applicant, that each alternative standard proposed directly implements goals of the Comprehensive Plan and purposes of these regulations more effectively than the standard regulations. ☐N/A ☒Accepted with comments ☐Revise and Resubmit per comments Comments: For the applicant’s information Reviewed by:__________________________ Date of Review:________________________ 8/12/2020 I I I I It Dewberry, August 20, 2020 Mr. Buford King City of Fairhope 161 North Section Street Fairhope, AL 36532 Re: Laurelbrooke Subdivision Village Subdivision (SD 20..,21fJ L/-3 Dear Buford: Dewberry Engineers Inc 251 ,990.9950 25 353 Fnendsh1 p Road 251 990.9910 fax Daphne. AL 36526 www dewberry com This letter is in response to your staff review letter dated August 12, 2020 on the above referenced application. The following are the comments from that letter and our response to each: • Existing zoning, if any, and uses of contiguous land. o Shown on the plat. • Architectural features , including building elevations, e·xterior material, and roof pitches of all building classifications within the site plan. o Provided with this package. • Size, location, and sufficient dimensions of all buildings and improvements within the site plan to indicate their size and relationship to all proposed and existing streets, lot lines, and structures, and improvements within or contiguous to the site plan. o Provided with thts package. • Location and dimension of all site improvements including sidewalks, pedestrian paths, streets, lanes, driveways, and parking areas. o Right-of-way d etail is provided on the village subdivision sheet. A 60-foot right of way allows more room to fit the roadway, sidewalks, street trees, drainage & gravity sewer within the right of way. Particularly since the County r equires the sewer to be in the shoulder, we need the additional r ight of way to accommodate that requirement. • Lighting is not reflected in the landscape drawings. o Cut sheet ofligbting provided with this package. • A topographical site plan with an aerial overlay submitted on a digital copy of all plans in an Adobe PDF format. o A disc with the requested PDF is provided herein. • Please provide a narrative further explaining the rationale for requesting 6o'x140' lots as opposed to 10o'x150' lots otherwise required for unzoned areas within the COP planning jurisdiction. Specifically, how is this development unique and how does it create a "village" in an otherwise undeveloped area without creating a ''leap frog" development. Further, proposed greenspace is not indicated on the proposed plat. Thus, it is not possible to determine e1igible greenspace at this time ... o A narrative detailing this information is provided herein. • Has a wetland delineation been performed and what are the dimensions of that delineated area'? The US Fish and Wildlife map viewer indicates :freshwater forested/shrub wetland: through this area and includes a riverine "blue line" stream. 1f) • Site was evaluated in January 2020 with jurisdictional determination submitted to USACE. No wetlands were found onsite and the blue line represented on the topographic map was a stormwater conveyance. USACE reviewed and confirmed our assessment with approved Jurisdictional Determination issued as SAM-2020-00174-LML. USACE letter is attached for your records . Attached are the following : Design Narrative USACE Letter (8) 11x17 Light Cut Sheets (8) 11x17 of the revis ed Village Subdivision Plan (8) 11x17 of Master Plan Renderi.ng (8) nx17 of Floorp1ans/Elevations (8) 11x17 of Landscape Plans (1) Disc with Above Documents in PD F Format If you need any additional information regarding this application, please ad vise. Sincerely, DEWBERRY ~~ Staff Planner Cc: File: 50127158 ~ Dewberry· The 59-acre subject area is located east of Highway 181 and north of County Road 24; at Latitude 30.452335° North, Longitude -8 7.848967° West; in Fairhope, Baldwin County, Alabama. A desktop re 1ew was performed for the subject property on March 23. 2020 during the pre-application period. A final determination was made on April 8, 2020. The desktop review of the subject property incl.udecl reviews of USDA Web Soil Survey data, USGS Topographic tnaps, the U.S. FWS National Wetlands Inventory map, FEMA Flood Haza rd Zone Maps, USGS National Elevation Map, data sheets provided by the requesting agent, and exten si ve site photos a nd videos provided by the agent. The project manager was not able to perform a site inspection of the subject area due to COVID-1 9 pandemic protocols at the time of the review . After review of the above information, it was determined that there is no evid ence of a stream feature, wetlands, or any other waters of the U.S. within the subject area. All of the wetland data points documented by the agent revealed some evidence of hydrology and hydropbytic vegetatjon, but no hydric soils. According to information provided by the agent, all so il s are missing redox concentrations and feature no saturation or evidence of a high water table. furthermore , the soils (Luka) are mapped non-hydric and are moderately well drained. Additionally, the site photos/videos provided by the agent s upported the information in their data sheets. This determination was based upon criteria contained in the 1 987 Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the Corps of En gineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0). Section: 11 Township: 7 South Range: 2 East Fairhope AL, 36532 0 ,-,iJpl i cant: 68 Ventures Project Name: Laurelbrook 750 Feet Dewb~rry® SAM-2020-0017 4-LM L Section: 11 Township: 7 South Range: 2 East Fairhope AL, 36532 0 , ,,-)pl icant: 68 Ventures Project Name : Laure l brook 750 Feet Ii' NOTJFICATIO OF ADMCNISTRATJVE APPEAL OPTIONS AND PROCESS A D REQUEST FOR APPEAL Applicant: 68 Ventures , Inc. I File Number: SAM-2020-00174-LML Date: 4/13/2020 Attached is: See Section below fNITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMlNA TION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found athttp://usace.anny .miVinet/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. A: I NITIAL PROFFERED PERMIT: You may accept or object to the perm.it. • ACCE PT: If you received a Standard Pennit you may s ign the pennit document and return it to the district engineer for final authorization . If you received a Lettero f Penniss ion (LOP). you may accept the LOP and your wo rk is authorized. Your signaiureon the Standard Pem1it oracceptan eofthe LOP means th at you accept the pennit in its entirety, and waive all rights to appeal the pennit. including it tenns andconditions. and approvedjurisdictiona ld etenninations associated with the pennit. • OBJECT: If you object to the pennit(Standard or LOP) because of certain teml5 and conditions therein,you may request that the permit be modified accordi ng ly. You mu t complete Section II of this fonn and retum thefonnto the district engin eer. Your objections must be received by the district engineer within 60 days of the date ofth is notice. or you will forfeit your right to appeal the pennit in the future. Upon receiptofyour letter, the district engineer will eva luateyourobjections and may: (a) modif)1 the pennit to addr ssa ll of your concerns, (b) modify the pennit to address some of yo ur objections, or(c) not modify the pennit having detennined that the permit hould be issued a previously written. A fterevaluatingyourobjections , the district engineer will send you a proffered pennit for your reconsideration, as indicated in Section B below. B: PROFFERED PERM IT: You may accept or appeal the permit • ACCEPT: If you received a Standard Pennit. you mays ign the pennit documentand return it to the di trict engineer for final authorization. I fyou received a Letter of Penniss ion (LOP). you may accept the LOP and your work is aut horized. Your s ign ature on the Standard Pennit or acceptanceofthe LOP means that you accept the permit in its entirety, and waive all right to appeal the pem1it , including its temis and conditions , and approved jurisdictional detenninations associated with the pennit. • APPEAL: If you choose to decline the proffered pennit (Standard or LOP) because of certain tetmS and conditions therein ,you may appeal the declined pennit under the Corp of Engineers Administrative Appeal Process by completing Section II of this fonn and sending the form to the div is ion engineer. This fo1111 must be receiv d by the division engineer within 60 days oft he date of this notice. C: PERMIT DENTAL: You may appeal the denial ofa pennit under the Corps ofEngineers Administrative Appeal Process by completing Section !I ofthis fonnand sending the fom1to tbe div is ion engineer. This forn, must be received by the division eng in eer within 60days oft he date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new 1nfo1mation. • ACCEPT: You do not need to notify the Coi-ps to accept an approved JD. Failure to notify the Corps within 60days of the d a te ofth is not ice. means that you acceptthe approved JD in its en! irety. and waive all rights to appeal the approved JD . • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Admin istrative Appeal Process by completin g Section II of t hi s fonn and endingthefonn to thedivisionengineer. Thi fonnmust be received by the div is ion engineer with in 60days ofthedateofthis notice. E: PRELIMT ARY JURISDICTIONAL DETERMINATIO You do not need to respond to the Corps regarding the preliminary JD. Th Preliminary JD is not appealab!e. If you wish. you may request an approved JD which may be appealed), by contacting the Corps district for further instructfon. Also you ma provide new information for further consid ration by the Corps to reevaluate the JD. SECTION U -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASO S FOR APPEAL OR OBJECTIO S: (Describeyourreasons forappealing the deci sion oryourobject ion toan initial proffered pennit in clear concise statements . You may attach addit ional infom,ation to this fonn to clarify whereyourreasons or objections are addressed in the ad min is trative record .) ADDITIONAL INFORlvlA TION: The appeal i limited toa reviewofthe admi:nisttativerecord, the Corps memorandum forthe record of the appeal conference or meeting, and any supplemental in formation that the review officer ha dete1mined is needed to c larify the ad mini trative record. Neither the appe llant northeCorps may add new infonnationoranalyses to the record. However. you may provide additional in fo1mation to c larify t he location o fin formation that is already in the ad min istrativerecord. POI T OF CONTACT FOR QUESTIONS OR INFORMATION: lf you have questions regardin g this decision and/or the appeal If you only haveq uestions regarding the appeal process you may process you may contact: also contact: ATTENTlON:LACEY M. LE'APTROTT ATTENTf : MR. PHILIP H N l CESAM-RD-A U.S. Rl\tlY CORP Of E GINEERS U.S. ARMY CORPS OF ENGi EERS SO HI TL TIC DIVISION , . POST OFFICE BOX 2288 ADM I N I STRA1lVE APPEAL REVIEW PFICER .., 60FOR YTH ~1 'RE 'f , 'W (ROOM I0M15) MOBILE, LAB MA->66-8-000 1 ATL NT GA 30303-880 1 (334} 694-3779 Phone: (404) 562-5137 RIGH T OF ENT RY: Yours ignatu re below grants th e right of entiy to Corps of Engineers personnel and any governme nt consultants , to conduct investigations of the proje tsiteduring th ecour e of the appea l process. Yo~1 will b provided a 15 day notice ofany site investigation, and wi l l hav e the opportun it y to parti ipate in alls ite investigations. Date: Telephone mm1be.r: ignature of appellant or agent. ZC 20.04 Zoning Text Amendment PROPERTY ADDRESS: City-wide PARCEL ID: N/A MASTER PLAN: N/A ZONING DISTRICT: All zoning districts REQUEST: Staff request the passage of an amendment to the Fairhope Zoning Ordinance, Article III.C. Dimension Standards. Specifically, to establish regulations for constructing accessory structures on waterfront lots to read as follows: 5. Waterfront Lots a. Accessory structures may be located in front or side of principle structures on waterfront lots but may not be located within the required front or side yards. Accessory structures shall maintain minimum structure separation of 10’ from the principle structure and 5’ separation from all other accessory structures. b. Accessory structures located in the required rear yard of waterfront lots shall follow the dimension requirements in Table 3-3. c. Structures built over submerged state lands are exempted from the front and side yard setback requirements for accessory structures on waterfront lots. RECOMMENDATION: Staff recommends to approve as requested. NEXT STEPS: The Planning Commission’s recommendation for these proposed zoning text amendments will be forwarded on to the City Council for their action. The City Council is the decision-making body for zoning text amendments. Article III Section C Zoning Districts Dimension Standards FAIRHOPE ZONING ORDINANCE 22 2. Residential Accessory Structures Table 3-3 indicates dimension requirements for residential accessory structures. Table 3-3: Dimension Table - Residential Accessory Structures Dimension District or use Setbacks Max. total lot coverage by accessory structure Max. height Min. structure separation from principle structure Min. separation between structures Front Rear Side Street side R/A Behind front building line of principle structure 15’ 15’ 50’ 30% of required rear yard 30’ 50’ for agriculture structures; 10 feet for all other accessory structures 5’ R-3 PGH* Behind rear building line of principle structure none required same as principle structure same as principle structure 25% of required rear yard* 20’ but no taller than the principle structure 5’ 5’ All other residential districts Behind rear building line of principle structure 5’ 5’ no nearer than principle structure 25% of required rear yard 30’ but no taller than the principle structure 10’ 5’ *one detached garage up to 600 square feet shall be allowed for Patio/garden homes in addition to the maximum total lot coverage for other accessory structures, subject to all other accessory structure dimension standards. 3. Yards No part of a yard or other open space required for any building for the purpose of complying with the provisions of this ordinance shall be included as part of a yard or other open space similarly required for another building. Every part of a required yard or court shall be open to the sky, except for permitted accessory structures and the ordinary projection of sills, cornices, buttresses, ornamental features, chimneys, flues, and eaves, provided the projections shall not extend more than two feet beyond the yard area requirements. 4. Free-standing Commercial Structures a. Any freestanding single use or tenant retail building in the Greeno Road Village Center as contemplated in the Comprehensive Plan shall not have a building footprint larger than 18,000 square feet. b. Any free standing single use or tenant retail building in any other business zoning district shall not have a building footprint larger than 8,000 square feet. 5. Waterfront Lots a. Accessory structures may be located in front or side of principle structures on waterfront lots but may not be located within the required front or side yards. Accessory structures shall maintain minimum structure separation of 10’ from the principle structure and 5’ separation from all other accessory structures. b. Accessory structures located in the required rear yard of waterfront lots shall follow the dimension requirements in Table 3-3. c. Structures built over submerged state lands are exempted from the front and side yard setback requirements for accessory structures on waterfront lots. D. Special Conditions for Uses r;;:JlADE I ~CONSULTING JINRIGHT & ASSOCIATES DEVELOPMENT ENGINEERS August26,2020 Mr. J. Buford King, LEED AP, QCI Development Services Manager City of Fairhope Planning and Development Services 555 S. Section Street Fairhope, AL 36532 RE: SD 20.33 Hilltop Phase 1 Final Plat JADE No.: TICKLE-1614 Dear Mr. King: Please accept this letter as an official request to the City of Fairhope's Planning Commission for a One Hundred and Twenty (120) day time extension to the referenced project's previously granted Final Plat approval. The requested additional time will allow for the Baldwin County Final Plat approval process to be completed. Respectfully, ~~ Perry C. Jinright, Ill, P.E., LEED AP Managing Member Enclosure \sr POST OFFICE BOX 1929 • FAIRHOPE, ALABAMA 36533 TELEPHONE (251) 928-3443 WWW .JADENGINEERS.COM