HomeMy WebLinkAbout08-01-2022 Planning Commission Agenda PacketJuly 7, 2022
Planning Commission Minutes
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The Planning Commission met Thursday, July 7, 2022, at 5:00 PM at the City Municipal
Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairman; Rebecca Bryant, Vice-Chair; Art Dyas; Harry Kohler; John
Worsham; Hollie MacKellar; Corey Martin, City Council Liaison; Hunter Simmons, Planning
and Zoning Manager; Mike Jeffries, Development Services Manager; Casey Potts, City
Planner; Michelle Melton, City Planner; Allie Knutson, Secretary; and Chris Williams, City
Attorney.
Absent: Clarice Hall-Black
Chairman Turner called the meeting to order at 5:02 PM.
Approval of the Minutes from June 6, 2022, Meeting:
Allie Knutson, Secretary, noted that the minutes had been amended to reflect a misspelling of
Attorney McDill’s name during the Public Hearing for case SD 21.51.
John Worsham made a motion to accept the minutes as corrected with no further changes and
the motion carried unanimously with the following vote:
AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Corey Martin,
and Hollie MacKellar.
NAY: None.
UR 22.06 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed
underground installation of approximately 3,274 LF of buried fiber cable in the ROW and 12,645
LF of overlashed aerial fiber to existing support strands beginning at 435 Liberty Street.
Summary:
Hunter Simmons, Planning and Zoning Manager, presented the case summary, stating that there are six
utility review cases on the agenda and all of the comments in UR 22.06 apply to the other utility review
cases as well. He also showed a map of the proposed installation.
Recommendation:
Staff recommends approval of UR 22.06 subject to the following conditions:
1. A pre-construction meeting shall be held with the City prior to issuance of any permits.
2. Consultation with the City’s horticulturalist, to determine if the required depth of bore must be
increased so that no trees are impacted by the project. The contractor is responsible for any
damaged trees.
3. At all street crossing locations, conduct potholing to determine exact location and elevation of
existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole
locations on a set of as-built drawings.
a. An additional right-of-way permit may be required for the potholing procedures.
4. Follow-up activities below required by staff and the applicant:
a. Upon satisfactory review and approval by ROW Construction Inspector, as-builts
will be submitted to the mapping technician for inclusion in GIS utility maps as needed.
5. Provide draft door hanger for approval at time of pre-construction.
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6. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work.
7. Ensure enough space for proposed work is available within existing easement, if not applicant is
responsible for either expanding existing easement or acquiring an additional easement.
8. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day).
9. Utilities boxes shall be concentrated near existing boxes.
10. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,
unless otherwise required by the Fairhope Building Department.
Chairman Turner stated that this is not a public hearing but asked if anyone from the public had any
questions about 11.52.11 cases. No questions were asked.
Harry Kohler mentioned that above ground utility boxes are not as attractive as underground utility
boxes and asked if either could be required. Mr. Simmons stated that each company has different types,
the utility boxes that are feeding the houses are subsurface. Some will be above ground but those are
sparser, and fiber is handled with cabinets.
Motion:
John Worsham made a motion to approve Case SR 22.06, subject to staff recommendations.
Harry Kohler seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar,
and Corey Martin.
NAY: None.
UR 22.07 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed
underground installation of approximately 11,377 LF of buried fiber cable in the ROW and 9,215
LF of overlashed aerial fiber to existing support strands beginning at 755 Fairhope Avenue.
Summary:
Hunter Simmons, Planning and Zoning Manager, presented the case summary and showed a map of the
proposed installation south of Gayfer Avenue, around North Ingleside Street and Edwards Avenue.
Recommendation:
Staff recommends approval of UR 22.07 subject to the following conditions:
1. A pre-construction meeting shall be held with the City prior to issuance of any permits.
2. Consultation with the City’s horticulturalist, to determine if the required depth of bore must be
increased so that no trees are impacted by the project. The contractor is responsible for any
damaged trees.
3. At all street crossing locations, conduct potholing to determine exact location and elevation of
existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole
locations on a set of as-built drawings.
a. An additional right-of-way permit may be required for the potholing procedures.
4. Follow-up activities below required by staff and the applicant:
a. Upon satisfactory review and approval by ROW Construction Inspector, as-builts
will be submitted to the mapping technician for inclusion in GIS utility maps as needed.
5. Provide draft door hanger for approval at time of pre-construction.
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6. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work.
7. Ensure enough space for proposed work is available within existing easement, if not applicant is
responsible for either expanding existing easement or acquiring an additional easement.
8. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day).
9. Utilities boxes shall be concentrated near existing boxes.
10. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,
unless otherwise required by the Fairhope Building Department.
Motion:
Art Dyas made a motion to approve Case UR 22.07, subject to staff recommendations.
Harry Kohler seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar,
and Corey Martin.
NAY: None.
UR 22.08 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed
underground installation of approximately 4,268 LF of buried fiber cable in the ROW and
4,848 LF of overlashed aerial fiber cable beginning at 498 Nichols Avenue.
Summary:
Hunter Simmons, Planning and Zoning Manager, presented the case summary and showed a map of the
proposed installation south of Nichols Avenue between Mershon Street and Section Street.
Recommendation:
1. A pre-construction meeting shall be held with the City prior to issuance of any permits.
2. Consultation with the City’s horticulturalist, to determine if the required depth of bore
must be increased so that no trees are impacted by the project. The contractor is
responsible for any damaged trees.
3. At all street crossing locations, conduct potholing to determine exact location and
elevation of existing utilities. Reflect the exact elevation of utilities and GPS coordinates
of the pothole locations on a set of as-built drawings.
a. An additional right-of-way permit may be required for the potholing procedures.
4. Follow-up activities below required by staff and the applicant:
a. Upon satisfactory review and approval by ROW Construction Inspector, as-builts
will be submitted to the mapping technician for inclusion in GIS utility maps as
needed.
5. Provide draft door hanger for approval at time of pre-construction.
6. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work.
7. Ensure enough space for proposed work is available within existing easement, if not
applicant is responsible for either expanding existing easement or acquiring an additional
easement.
8. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per
day).
9. Utilities boxes shall be concentrated near existing boxes.
10. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,
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unless otherwise required by the Fairhope Building Department.
Motion:
John Worsham made a motion to approve Case UR 22.08, subject to staff recommendations.
Harry Kohler seconded the motion and the motion carried unanimously with the following
vote:
AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar,
and Corey Martin.
NAY: None.
UR 22.09 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed
underground installation of approximately 10,685 LF of buried fiber cable in the ROW and 15,443
LF of overlashed aerial fiber cable beginning at 405 Forester Avenue.
Summary:
Hunter Simmons, Planning and Zoning Manager, presented the case summary and showed a map of the
proposed installation around Triangle Drive and North Section Street.
Recommendation:
1. A pre-construction meeting shall be held with the City prior to issuance of any permits.
2. Consultation with the City’s horticulturalist, to determine if the required depth of bore must be
increased so that no trees are impacted by the project. The contractor is responsible for any
damaged trees.
3. At all street crossing locations, conduct potholing to determine exact location and elevation of
existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole
locations on a set of as-built drawings.
a. An additional right-of-way permit may be required for the potholing procedures.
4. Follow-up activities below required by staff and the applicant:
a. Upon satisfactory review and approval by ROW Construction Inspector, as-builts will be
submitted to the mapping technician for inclusion in GIS utility maps as needed.
5. Provide draft door hanger for approval at time of pre-construction.
6. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work.
7. Ensure enough space for proposed work is available within existing easement, if not applicant is
responsible for either expanding existing easement or acquiring an additional easement.
8. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day).
9. Utilities boxes shall be concentrated near existing boxes.
10. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,
unless otherwise required by the Fairhope Building Department.
Motion:
Corey Martin made a motion to approve UR 22.09, subject to staff recommendations.
Harry Kohler seconded the motion and the motion carried unanimously with the following
vote:
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AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar,
and Corey Martin.
NAY: None.
UR 22.10 Request of Point Broadband for an 11.52.11 Utility Review and approval of
the proposed underground installation of approximately 36,039 LF of buried fiber cable
in the ROW beginning at 407 Volanta Avenue.
Summary:
Hunter Simmons, Planning and Zoning Manager, presented the case summary and showed a map of the
proposed installation around Willow Lake Drive and Volanta Avenue.
Recommendation:
1. A pre-construction meeting shall be held with the City prior to issuance of any permits.
2. Consultation with the City’s horticulturalist, to determine if the required depth of bore
must be increased so that no trees are impacted by the project. The contractor is
responsible for any damaged trees.
3. At all street crossing locations, conduct potholing to determine exact location and
elevation of existing utilities. Reflect the exact elevation of utilities and GPS coordinates
of the pothole locations on a set of as-built drawings.
a. An additional right-of-way permit may be required for the potholing procedures.
4. Follow-up activities below required by staff and the applicant:
a. Upon satisfactory review and approval by ROW Construction Inspector, as-builts
will be submitted to the mapping technician for inclusion in GIS utility maps as
needed.
5. Provide draft door hanger for approval at time of pre-construction.
6. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work.
7. Ensure enough space for proposed work is available within existing easement, if not
applicant is responsible for either expanding existing easement or acquiring an additional
easement.
8. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per
day).
9. Utilities boxes shall be concentrated near existing boxes.
10. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,
unless otherwise required by the Fairhope Building Department.
Motion:
Art Dyas made a motion to approve Case UR 22.10, subject to staff recommendations.
Corey Martin seconded the motion and the motion carried unanimously with the following
vote:
AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar,
and Corey Martin.
NAY: None.
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UR 22.11 Request of Point Broadband for an 11.52.11 Utility Review and approval of
the proposed underground installation of approximately 44,687 LF of buried fiber cable in
the ROW beginning at 531 Gayfer Avenue.
Summary:
Hunter Simmons, Planning and Zoning Manager, presented the case summary and showed a map of the
proposed installation from the west side of Gayfer Avenue to North Mobile Street.
Recommendation:
1. A pre-construction meeting shall be held with the City prior to issuance of any permits.
2. Consultation with the City’s horticulturalist, to determine if the required depth of bore must
be increased so that no trees are impacted by the project. The contractor is responsible for
any damaged trees.
3. At all street crossing locations, conduct potholing to determine exact location and elevation
of existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the
pothole locations on a set of as-built drawings.
a. An additional right-of-way permit may be required for the potholing procedures.
4. Follow-up activities below required by staff and the applicant:
a. Upon satisfactory review and approval by ROW Construction Inspector, as-builts
will be submitted to the mapping technician for inclusion in GIS utility maps as
needed.
5. Provide draft door hanger for approval at time of pre-construction.
6. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work.
7. Ensure enough space for proposed work is available within existing easement, if not
applicant is responsible for either expanding existing easement or acquiring an additional
easement.
8. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per
day).
9. Utilities boxes shall be concentrated near existing boxes.
10. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,
unless otherwise required by the Fairhope Building Department.
Motion:
John Worsham made a motion to approve Case UR 22.11, subject to staff recommendations.
Harry Kohler seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar,
and Corey Martin.
NAY: None
SR 22.06 Request of the Applicant, Lieb Engineering Company, acting on behalf of the
Owner, WCTT Properties LLC, for Site Plan Approval of 309 Ingleside. The property is
approximately 1.62 acres and is located on the northeast corner of S. Ingleside Street and
Nichols Avenue. PPIN #: 25788
Summary:
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Casey Potts, City Planner, presented the case summary, elevations and floor plans were shown.
The subject property lies within the Medical Overlay District and there is a corresponding MOP
case on the agenda as well (SD 22.20).
Within the Medical Overlay District, the B-4 development standards and area and dimensional
requirements apply. However, the recorded plat provides setbacks of 35’ front, 35’ rear, and 10’
side, meeting what is required. A building located in any commercial zone may have a height of
35’ if it contains both residential and commercial space. All other buildings have a maximum
height of 30’. The materials of the townhomes are cementitious siding, board and batten siding,
and shingles. The materials of the commercial buildings are brick veneer and aluminum canopies
and garage doors.
Right-of-way will be dedicated to the City of Fairhope along Nichols Avenue and revised
landscape plans shall be provided to and approved by the City Horticulturist. As proposed by the
applicant, there are eight townhomes, four mixed use office/residential units, one restaurant, and
one office space. The applicant shall revise five parking spaces to be pervious.
A sidewalk is proposed along the western and southern edges of the property and a crosswalk is
proposed at the southwest corner across Ingleside. In any district where commercial use abuts a
residential use, a fence of solid appearance shall be installed, thus, an 8’ privacy fence is shown
at the north property line where residential abuts commercial use. Garbage is collected in a
dumpster at the northwest corner of the property. The dumpster is screened by a wooden fence.
All signs shall meet the City of Fairhope Sign Ordinance.
The floorplans show a partition wall on the first floor of the western commercial building. The
applicant has clarified that this is inaccurate and that there will be one restaurant unit on the first
floor.
Recommendation:
Staff recommends conditional approval of Case SR 22.06, 309 South Ingleside, with the
following conditions:
1. Revise five parking spaces in the site plan to be pervious spaces.
2. Revise landscape plans to account for right-of-way dedication and obtain approval from
the City Horticulturist.
Chris Lieb with Lieb Engineering Company was available for questions.
Chairman Turner asked about the dumpster location in relation to the sidewalk. Mr. Lieb stated
that the sidewalk intends to dead-end at the rear parking lot and does not continue to the north,
but if it is desired to continue to the north, the extension of the sidewalk can go in the right-of-
way to the property line.
Rebecca Bryant asked about the lack of elevators being shown on the site plan. Mr. Simmons
stated that this case is just to approve the site plan of what the building looks like. The plans will
have to be revised between approval and time of permit based on occupancy and use.
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Chairman Turner stated that he would rather see a natural buffer between the residential and
commercial properties instead of a privacy fence. Mr. Simmons stated that the Tree Ordinance
comes into play as well with three alternatives: a 20-foot landscape buffer, a double row of 6-
foot hedges and/or a fence with a single row of 6-foot hedges. A fence is still required with the
20-foot landscape buffer unless they choose to do an additional row of hedges.
Chairman Turner asked when a requirement for a sidewalk to go to the property line should be
made between the Site Plan and MOP cases. Mr. Simmons replied that both cases should have
that added condition.
Hollie MacKellar asked what additional crosswalks were being considered. Mr. Simmons replied
that they are evaluating where the sidewalks are for future connectivity.
Motion:
John Worsham made a motion to recommend approval of Case SR 22.06, to City Council,
subject to staff recommendations plus an added condition:
1. Revise five parking spaces in the site plan to be pervious spaces.
2. Revise landscape plans to account for right-of-way dedication and obtain approval from
the City Horticulturist.
3. The sidewalk shall extend the full length of the property along S. Ingleside Street.
Art Dyas seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar,
and Corey Martin.
NAY: None
SD 21.51 Public hearing to consider the request of the Applicant, Jade Consulting, LLC,
on behalf of the Owner, D.R. Horton, Inc., for Preliminary Plat Approval of Lone Oak
Farms Subdivision, an 82-lot Major Subdivision. The property is approximately 57.72
acres and is located on the northeast corner of Pierce Road and County Road 32. PPIN #:
17050
Summary:
Attorney Chris Williams recused himself for the duration of the hearing for Case SD 21.51. Mike
Jeffries, Development Services Manager, presented the case summary.
This project was tabled at last month’s Planning Commission Meeting in order to gather
additional information such as a third-party drainage review and to have discussions with
Baldwin County.
To recap what was presented at the previous meeting, extensive water upgrades will be required
to service the proposed development. Costs and installation of the required upgrades are the
responsibility of the developer and will be evaluated by the Water Department at time of
construction. A traffic study was conducted with no improvements being recommended at this
time. Landscaping requirements were met. The note on lot 82 “FUTURE PHASE 2 AREA”
needs to be removed, resubdivision of lot 82 may only occur if future mitigation of wetlands can
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be accomplished and nothing within this review and/or a potential approval implies that lot 82
will be further subdivided. Sidewalks and street trees shall be installed prior to submittal of final
plat application, the applicant has requested to not install sidewalks along CR32 and Pierce Road.
A pre-construction meeting is required prior to issuance of building permits.
The City contracted John Cameron, P.E. with Neel-Schaffer, Inc. to conduct a third-party
drainage review. Mr. Cameron concluded that he did have concerns about “sending stormwater
that previously flowed in one basin to another basin post development.” Mr. Cameron also
acknowledged the applicant’s proposed design does not violate any Fairhope code that he is
aware of.
The City was informed that Pierce Road meets the County’s requirements for existing roadways
and there are no planned drainage or roadway improvements by the County at that area. Baldwin
County Highway Department will have the review authority at permitting and may require
drainage or roadway improvements at that time.
Recommendation:
Staff recommends approval SD 21.51 Lone Oak Farms preliminary plat with the following
conditions:
1. Remove “FUTURE PHASE 2 AREA” from lot 82.
2. Drainage infrastructure in lot 82 needs to be included in COMMON AREA 1.
3. Add blanket utility/drainage easement to all common areas.
4. Add minimum lot width and area to Site Data Table.
5. Add sidewalk easement along the ROWs of CR 32 and Pierce Road.
6. Developer is responsible for the construction of, and all costs associated with, all off-site
water service upgrades determined necessary by the City of Fairhope Water Department.
7. Prior to issuance of any building permit the final construction documents for the water
upgrades shall be approved by the City of Fairhope Water Department.
8. All water upgrades shall be installed prior to submittal of Final Plat application.
9. Any drainage or roadway improvements required by Baldwin County shall be completed
prior to application for final plat.
Chairman Turner was in favor of having sidewalks installed on pierce Road for future
connectivity.
Art Dyas asked if the subdivision, as proposed, met the Subdivision Regulations. Mr. Jeffries
stated that it does. Mr. Dyas suggested setting the easement, but also having developers pay into
a fund to put in sidewalks where they don’t currently exist.
Trey Jinright, Jade Consulting, requested that he respond to any comments or questions after the
public hearing is closed. Chairman Turner stated that he had not planned to have a public hearing
as one had been had at the previous meeting, but staff advertised a public hearing for this case
on the agenda.
Chairman Turner opened the public hearing, requesting that citizens not repeat comments that
were made at the last meeting.
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Ken Underwood, 14715 Oak Street, Magnolia Springs, AL 36555, spoke regarding the drainage
review conducted by John Cameron. Two drawings were submitted, one depicting the pre-
project drainage and one depicting the post-project drainage. Pre-project, a total of 21.21 acres
drained into the detention pond at the northeast corner of the property. With the revised drawing,
it was increased to 31.626 acres, a 49.1% increase in total area that is discharging into the grady
pond with no outlet. When this pond gets to a certain level, it flows across a field to the east,
then to the southeast, then flows across four residential lots. One of the homes had been flooded
three times in the past. It will be disastrous to the farmland.
Jessica McDill stated that she is the Attorney representing Sonny Hill Farms and presented slides
she had prepared. She spoke of applicability of State Law to Planning Commissions pertaining
to surface water drainage and referenced Art. V.B.2.d. from Fairhope’s Subdivision Regulations
and Kay-Noojin Development Co. v. Hackett, 45 So. 2d 792 (ala. 1950), that had been sent to
the Commissioners prior to the meeting. She also mentioned that this case should be evaluated
by whichever standard is higher between the City and the County and referenced 5.11.2, Design
System Standards, from Baldwin County’s Subdivision Regulations, stating that drainage rights
must be secured by the applicant and indicated on the Final Plat if water is being diverted into
an unnatural water system or on to private land adjacent to the subdivision. Ms. McDill also
referenced Art. V.9.c. regarding off premises drainage easements possibly requiring the Owner
to handle runoff into a natural drainage channel. The lower land is being forced to absorb the
49.1% increase of water and the Applicant has not secured drainage easements from the property
owners. The revised plan does not comply with express regulations and applicable law and
violates the Fairhope Subdivision Regulations. Ms. McDill also spoke with the County regarding
the width and condition of Pierce Road. Pierce Road does not meet the minimum standards and
is a prescriptive right-of-way. 8 lots will have direct access to Pierce Road, but there are no plans
to improve the road. A photo was shown of the ditches on the west side of Pierce Road after it
had rained on July 5, 2022, and of school traffic on Highway 32. Ms. McDill requested that the
case be denied.
Herb McKee, 211 Park Drive, stated that he owns farmland east of the proposed project and was
concerned that the excess water from the subdivision will destroy farmland and crops.
Arthur Hartshorn, 11293 CR 32, stated that he owns 30 acres of farmland and believes that the
proposed subdivision will flood properties and farmland. He has seen his neighbors deal with
the existing flooding under normal conditions.
Curtis Pilot, owner of Sonny Hill Farms on County Road 32, stated that he is concerned with the
lack of sidewalks proposed on County Road 32. There is a group of bicyclists that ride on Pierce
Road, and he would like sidewalks to be reconsidered as Pierce Road is not wide enough.
Chairman Turner closed the Public Hearing and asked Mr. Jinright to address the comments.
Mr. Jinright stated that he agrees with the nine conditions recommended by staff. The property
moves water in four directions, all directions have been modeled and have been looked at to
reduce flows. For the two-year storm, 25.5% less flow is being released then pre-development.
The water leaves the pond, hits a level-spreader, enters a wetland area which is a Waters of the
US, travels down a blueline stream through the properties that were discussed, under the double
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culverts on County Road 32 and heads south towards Fish River. A ten-year storm provides 26%
reduction in flow, twenty five-year storm provides 17% reduction, and a one-hundred-year storm
provides 3% reduction in flow. Councilman Martin asked Mr. Jinright if he was stating that there
would be no adverse effects on patrons who would reside downstream of the proposed
development. Mr. Jinright stated that is correct because they model larger than just the project
per the Subdivision Regulations. Councilman Martin asked if it was correct that before the runoff
gets to Fish River and passes through several properties, it do no harm to those properties. Mr.
Jinright stated yes, the project would be releasing less water post-development than it does now
at pre-development. Art Dyas stated that the adjacent property owners already have problems
and wanted to clarify that Mr. Jinright is stating that the project will not make the existing
problems worse. Mr. Jinright stated that was correct.
Art Dyas stated that many of the culverts were put in 75-80 years ago and the County does not
want to be apart of the problem. Rebecca Bryant stated that it is not the developer’s responsibility
to fix existing problems, but it is known that the problem is not going to be fixed by the County
or another responsible party, and that maybe development should not be allowed there if the
problem is going to persist. Councilman Martin stated that he was not sure how feasible staff’s
condition #9 was because the County has not addressed known problems. Mr. Simmons wanted
to clarify one statement on that condition, the County used to send the City comments to be
reviewed. With new state bills, Baldwin County now has the ability to review cases as well, but
City staff cannot interpret regulations for Baldwin County. Under new laws, Baldwin County
has full power to review this case and intends to do so pursuant to their regulations. Rebecca
Bryant stated that at this time, there is no assurance from the County that the road or the drainage
will be improved.
Hollie MacKellar asked what the sewage capabilities were and had concerns about the
infrastructure. Mr. Simmons stated that it connects to Baldwin County Sewage, so he was not
entirely sure.
Mr. Jinright stated that they are not just adding 82 lots, they are also adding a massive amount
of infrastructure on site. It should improve the current situation by releasing less flow on the
properties downstream. The City has a massive water system improvement project in this area,
but this project is fully funding, designing, and constructing a 12-inch watermain that is one mile
long. The current line is not dependable for fire protection. Regarding sewer, the site will also
have a pump station with gravity sewer.
Chairman Turner asked if the traffic study called for any kind of improvements like a blinking
light as a lot of accidents have happened on Danne Road. Mr. Jinright stated that this case is also
being reviewed by the County. Fairhope’s Planning Commission’s decision is one of the items
that the County is waiting on to finish their review including stormwater and traffic issues. At
this point, traffic improvements are not warranted. Baldwin County Highway standards require
a minimum of 18-feet of asphalt and a 2-foot grass shoulder. Pierce Road is 19-20-feet of
pavement. Councilman Martin asked where they got their numbers in the traffic study and if they
included any other developments in the area. Mr. Jinright stated the numbers were obtained from
traffic counts. Mr. Simmons stated that during their review, Baldwin County Highway
Department has an opportunity on the front end to require Applicants to look beyond the
intersections that directly relate to the project. Mr. Jinright stated that he did not do the study, so
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he does not know if Baldwin County asked for other intersections to be looked at, but Pierce
Road is a dead end and just past this project, the road turns to a single-lane road.
A citizen mentioned that this subdivision’s streets will be used as access to County Road 32. Mr.
Simmons replied that the County has recognized that the proposed subdivision will give
secondary access to those who reside on Pierce Road when it is flooding.
Chairman Turner stated that this project seems to meet the Subdivision Regulations but thinks
that sidewalks should be required on Pierce Road. Rebecca Bryant had concerns about the
sidewalks encroaching on the wetlands that are part of the drainage capacity for the site.
Motion:
John Worsham made a motion to approve Case SD 21.51, subject to staff conditions plus an
added condition:
1. Remove “FUTURE PHASE 2 AREA” from lot 82.
2. Drainage infrastructure in lot 82 needs to be included in COMMON AREA 1.
3. Add blanket utility/drainage easement to all common areas.
4. Add minimum lot width and area to Site Data Table.
5. Add sidewalk easement along the ROWs of CR 32 and Pierce Road.
6. Developer is responsible for the construction of, and all costs associated with, all off-site
water service upgrades determined necessary by the City of Fairhope Water Department.
7. Prior to issuance of any building permit the final construction documents for the water
upgrades shall be approved by the City of Fairhope Water Department.
8. All water upgrades shall be installed prior to submittal of Final Plat application.
9. Any drainage or roadway improvements required by Baldwin County shall be completed
prior to application for final plat.
10. Sidewalks must be installed along Pierce Road either in the right-of-way or in an easement.
Art Dyas seconded the motion and the motion carried with the following vote:
AYE: Lee Turner, Art Dyas, John Worsham, and Hollie MacKellar.
NAY: Harry Kohler, Rebecca Bryant, and Corey Martin.
A brief intermission was taken.
SD 22.20 Public hearing to consider the request of the Applicant, Lieb Engineering
Company, acting on behalf of the Owner, WCTT Properties LLC, for Preliminary
Approval of 309 Ingleside, a 14-unit Multiple Occupancy Project. The property is
approximately 1.62 acres and is located on the northeast corner of S. Ingleside Street and
Nichols Avenue. PPIN #: 25788
Summary:
Casey Potts, City Planner, presented the case summary.
Commissioners previously reviewed and recommended approval of the Site Plan application for
this project.
July 7, 2022
Planning Commission Minutes
13
A 16” water main exists along Ingleside. Two 8” water lines will run from the 16” main and
service the buildings on site. Water meters shall be placed together and located to avoid
disturbance with protected trees. Sewer will gravity feed to sanitary sewer manholes west of the
townhomes and south of the commercial buildings. Power runs along the western and southern
borders of the property. Three transformers will be placed on site, but load information is
required. Gas is available and the restaurant unit will utilize gas. Gas line from the ROW to th e
building shall be placed to avoid disturbance with protected trees. Communications will be
through AT&T. Trash pickup will be private via a trash dumpster located near the northwest
corner of the building and is screened and gated.
A traffic study was not triggered for this project. Stormwater is collected in underground pipes
and carried to an underwater detention pond located at the middle of the property to discharge to
an existing stormwater structure along the west side of Ingleside. A drainage easement will be
required before permitting. A 20’ landscape strip is provided along Nichols Avenue. Landscape
plans have not been updated to reflect the dedication of right-of-way along Nichols Avenue.
Revised landscape plans shall be submitted to and approved by the City Horticulturist. Fifteen
percent of the site is greenspace, exceeding the 10% required for a commercial MOP.
Recommendation:
Staff recommends approval of SD 22.20, subject to the following conditions:
1. Approval of SR 22.06 by the Fairhope City Council.
2. Work with respective utility and planning departments regarding ingress/egress, utility, and
drainage easements and show on the Lot Plan and plat.
3. All utilities shall be approved by the respective utility department prior to submitting for
building permit.
4. Add a note to the site plan that the mixed-use building shall be restricted from short term
rentals.
5. Provide documentation regarding the maintenance responsibilities of the common area.
6. Provide a copy of the covenants and restrictions.
7. Recording of a plat will be required, showing the right-of-way dedication, easements, and
all lots.
8. O&M shall be recorded with the Baldwin County Probate.
9. Provide paperwork for Nichols Avenue right-of-way dedication.
10. Provide revised landscape plans for review and approval by the City Horticulturist.
11. Erosion and Sediment Control Plan shall say the construction entrance will be 20’x50’.
Chairman Turner opened the Public Hearing.
Gary Gover, 300 Lincoln Street, mentioned that the site had significant historical structures and
hoped for further investigation and memorialization of the history.
Chairman Turner closed the Public Hearing.
Winston Smith addressed Mr. Gover’s comment by saying that he and Councilman Martin had
met several times and he had also met with someone from the Historical Commission. A house
mover has also looked at the house, but it is not feasible to move it. Other ideas to memorialize
the history include naming of the park, a monument, a fountain, or artwork. Councilman martin
July 7, 2022
Planning Commission Minutes
14
stated that the property will be recognized as “historical” by the state and will be presented to be
recognized on a national level. The family of Nancy Lewis will provide photos for the
preservation piece at the state and national level. While there is no legal sustenance to preserve
the house, the applicants and developers have been working with the family to put a memorial
on site.
Mrs. Potts reminded Commissioners that there was a condition of approval added to the Site Plan
Review regarding sidewalks that may be worth considering for the approval of the MOP.
Rebecca Bryant had a suggestion to save money and reduce the size of the drainage bank by
increasing the amount of pervious parking if the soils are right.
Motion:
Art Dyas made a motion to approve Case SD 22.20, subject to staff recommendations plus two
added conditions:
1. Approval of SR 22.06 by the Fairhope City Council.
2. Work with respective utility and planning departments regarding ingress/egress, utility, and
drainage easements and show on the Lot Plan and plat.
3. All utilities shall be approved by the respective utility department prior to submitting for
building permit.
4. Add a note to the site plan that the mixed-use building shall be restricted from short term
rentals.
5. Provide documentation regarding the maintenance responsibilities of the common area.
6. Provide a copy of the covenants and restrictions.
7. Recording of a plat will be required, showing the right-of-way dedication, easements, and
all lots.
8. O&M shall be recorded with the Baldwin County Probate.
9. Provide paperwork for Nichols Avenue right-of-way dedication.
10. Provide revised landscape plans for review and approval by the City Horticulturist.
11. Erosion and Sediment Control Plan shall say the construction entrance will be 20’x50’.
12. The sidewalk will extend the full length of the property along S. Ingleside Street.
13. A memorial will be placed upon the property.
John Worsham seconded the motion and the motion carried unanimously with the following
vote:
AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar,
and Corey Martin.
NAY: None
SD 22.22 Public hearing to consider the request of the Applicant, Sawgrass Consulting,
LLC, acting on behalf of the Owner, Eastpark LLC, for Final Plat Approval of Parkstone
Subdivision, a 41-lot Major Subdivision. The property is approximately 12.84 acres and is
located on the east side of US Highway 98, north side of Parker Road, across from the
Fairhope Publix. PPIN #: 32028
Summary:
July 7, 2022
Planning Commission Minutes
15
Mike Jeffries, Development Services Manager, presented the case summary.
Preliminary approval was granted in September of 2020. The property is zoned PUD with a site
plan that was approved in December of 2019. The Site Data Table and Final Plat were shown on
the screen.
The approved landscape plans called for a 12’X12’ gazebo on the northern common area,
walking trails through the common areas, and benches placed in common areas. The walking
paths have been installed and are made of a rock/slag material. The applicant has requested the
benches be installed once homes are constructed for fear of theft. Staff does have an invoice from
Home Depot for the purchase of the benches. Due to a drainage inlet being installed in the wrong
location, the applicant requested permission to shift lots 38 and 39 as the inlet had been placed
in the middle of lot 38, preventing a driveway. The shift and slope of the land due to a detention
pond made a walking path impracticable. The applicant provided a sketch of the alteration which
included two additional pavilions and additional trees and flower beds, which staff supported.
Currently, there is one small pavilion around lots 38 and 39 and one small pavilion where the
gazebo was shown to go. On the As-Builts, the gazebo is described in detail as a 12’x12’ gazebo
with a gable roof, rough sawn timber posts, beams, and rafters with a metal roof, but in its place
currently is an open, wooden pavilion.
The applicant was allowed to use existing infrastructure for this development. A final inspection
was performed, and some outstanding items remain. At this time, the developer is requesting
items 2, 3, and 5 be removed from the punch list. The road to the lift station is currently gravel
and had areas of wash out and erosion. The applicant has lined a drainage swale with filter cloth
and rip rap. Due to concerns of this not being a permanent fix, the City reserves the right to
reinspect the road after six months and at the discretion of the Water and Sewer Superintendent,
require a new solution which could include an asphalt or concrete drive to be installed in the
easement to service the lift station at the developer’s expense. The drainage inlets have open tops
and need safety grates installed. The applicant has agreed to complete this and must have them
fabricated. An estimated time was not provided.
The Punch List items listed as “incomplete” are as follows:
1. Provide invoice for missing chimney seal for existing manhole behind lot 31
2. Clean out the wet well
3. Install ¾ inch water service for lift station
4. Install safety grates on pond inlets
5. Install fence around lift station
6. Abandoned 6” sewer line from wet well headed northwest needs to be capped
7. Provide easement agreements for drainage easement across western adjacent property and
reflect the recorded instrument # for the agreement on the plat
8. Install gazebo in northern common area per landscape plans
9. Install missing pavilion as shown on altered plans around lot 38&39
10. Provide copy of invoice for benches not installed in common areas
The Applicant either requested to remove items number 2, 3, 5, 8, and 9, or is in disagreement
with said items.
July 7, 2022
Planning Commission Minutes
16
Recommendation:
Staff recommends denial of Case SD 22.22 as it does not meet the preliminary landscape plans,
there are several items that are incomplete and do not have a time frame for completion, and
there are items that the developer desires to not complete.
Chairman Turner asked why this case is being heard. Mr. Jeffries stated that there was pressure
from the developer to get it on the agenda. Chairman Turner has never seen a Final Plat
recommended for denial and asked if it were denied, would it go through Preliminary Approval
again. Mr. Jeffries stated that if it were denied, the applicant could submit a new application for
Final Plat Approval. Chairman Turner stated that with the lots being rearranged due to the
drainage being installed in the incorrect spot, it does not meet the green space requirements.
Rebecca Bryant added that they had required a walking trail to be installed, but now it has been
altered to two dead end trails due to the shifting of the lots. Mr. Simmons stated that this was
approved as a PUD and comments had been made regarding staff’s support of barely meeting
green space requirements during that approval. Any Applicant can ask for Final Plat Approval
and risk all of the costs of development to end up getting denied.
Tom Granger, Sawgrass Consulting, addressed the items that were requested to be removed from
the punch list. Item 2, “Clean out the wet well”, was done in April due to a preliminary
inspection. Mr. Granger requested that they not have to do it again. Item 3, “Install ¾ inch water
service for lift station”, the Owner is willing to put the line in, but needs some direction on where
it goes. If the City is willing to do the tap, the service line can be installed. Item 5, “Install fence
around lift station”, they have reached out to Fairhope Water and Sewer, but have not been able
to coordinate a time to meet. Standards require a 50’x50’ fence around a lift station, but this is
an existing lift station, a 50’x50’ fence cannot be put around this structure. The Owner did not
request that this item be taken off but needs direction on how it should be oriented. There were
issues with the landscape plans as he did not coordinate with the Landscape Architect very well.
Chairman Turner asked if Mr. Granger would like to hold this case over for 30 days till the next
Planning Commission Meeting. Art Dyas agreed with Chairman Turner’s idea to hold the case
over.
Matt Sankey stated that they did not refuse to put in the gazebo. He had met with staff when the
walking trail was moved, and a long list of items were compiled to improve the landscape plan.
He had suggested to remove the gazebo, but the plans that came from Mr. Granger did not reflect
that. His understanding was that they would build two gazebos, add additional plantings, and
change the material of the walkway. There was some confusion with Mr. Jeffries because the
As-Builts were inaccurate. Art Dyas stated that it sounds like an issue between he and Mr.
Granger, not with staff. Councilman Martin asked Mr. Sankey is he would be able to address the
greenspace issue within thirty days. Mr. Sankey replied that they would be able to. Mr. Simmons
stated that he had administratively approved the walking trail to be broken up.
Chairman Turner opened the public hearing.
Gary Gover, 300 Lincoln Street, was concerned about connectivity in the North Fairhope village
center and if what is existing is safe enough for pedestrian/bike travel, specifically across Parker
Road. Connectivity is needed to footpath along N. Greeno Road towards Rock Creek. Mr.
Jeffries responded that there is a crosswalk from the proposed subdivision to the other side of
July 7, 2022
Planning Commission Minutes
17
Parker Road with a sidewalk towards Publix and a sidewalk toward Greeno Road and heading
north.
Chairman Turner closed the public hearing.
Motion:
Art Dyas made a motion to table Case SD 22.22 to be heard at the next Planning Commission
Meeting, less than 30 days away.
John Worsham seconded the motion and the motion carried with the following vote:
AYE: Lee Turner, Art Dyas, Harry Kohler, and John Worsham.
NAY: Rebecca Bryant, Hollie MacKellar, and Corey Martin.
SD 22.23 Public hearing to consider the request of the Applicant, Mullins, LLC, acting
on behalf of the Owner, Lennar Homes of Alabama, LLC, for Final Plat Approval of Live
Oak Estates, a 76-lot Major Subdivision. The property is approximately 33.66 acres and is
located at the southwest corner of State Highway 181 and Bay Meadows Avenue. PPIN #:
15078
Summary:
Mike Jeffries, Development Services Manager, presented the case summary.
The map, aerial, final plat, and site data table were shown on the screen. The property is zoned PUD and
has an approved site plan.
The asphalt testing failed 7/17 core samples and does not meet the minimum standards. The applicant
will be required to add a 1” overlayment of asphalt and supply new test reports to be approved by the
Public Works Director. Bac-T tests need to be redone. Due to the recent drought conditions, the Fairhope
Water Department has suspended doing the tests at this time. The applicant is coordinating with the
Water Department to have this test performed as soon as possible. Common area trees and landscaping
has been installed. The pond was proposed as a stocked pond for fishing but has not been stocked. Final
plat must be recorded within 120 days after the date of final approval. Sidewalks and street trees not
installed have a performance bond and performance bond agreement to be installed within two years.
The engineer has provided his engineers certificate for the design and construction of the improvements
constructed for the subdivision and shall sign the plat once the road deficiencies are corrected. Current
walking trails are mowed paths, staff requests a more substantial primitive walking trail. The current
owner is different from the one shown on the Baldwin County Parcel Viewer, staff will need
confirmation that Lennar Homes of Alabama is the current owner. ALDOT has issued the permit and
holds a performance bond for the work required to install a north bound left turn lane and do all necessary
grading and drainage work.
Follow‐Up Activities Required by Staff and the Applicant include a copy of the recorded plat, a copy of
the recorded O&M Agreement, the Maintenance and Guaranty (M&G) Agreement executed by the
developer - the mayor signs this agreement to fully execute it, (include the instrument # from the
recorded plat and include 30 days in paragraph 3).
July 7, 2022
Planning Commission Minutes
18
Recommendation:
Staff recommends approval SD 22.23, Live Oak Estates Subdivision final plat, with the
following conditions:
1. Apply a 1” overlayment of asphalt and supply new test reports to be approved by the Public
Works Director.
2. Provide Bac-T tests reports to be reviewed and approved by the Water and Sewer
Superintendent.
3. Add a future through street sign at Golden Leaf Ave and Hardwood Avenue.
4. Provide invoice confirming the pond has been stocked with fish.
5. Provide detail for primitive walking trail to be approved by the Planning Director.
6. Provide Subdivision Performance Bond and Signed Subdivision Performance Bond
Agreement to be reviewed and approved by the Planning Director.
7. Confirmation of current owner
* Conditions of approval shall be completed prior to the final plat recording (120 days).
John Worsham asked if the Applicant had agreed to complete all of the items listed in staff’s
conditions of approval. Mr. Simmons stated that if they don’t, the plat will not be signed.
Mr. Jeffries gave details on the remaining items, they have agreed to do the overlayment, the
Bac-T tests are on hold, they have agreed to the future through street sign, they have not agreed
nor disagreed to the stocked pond, they have a walking trail, but staff does not feel that a mowed
trail meets the intent. Art Dyas said “primitive” seems open-ended. Mr. Jeffries stated that the
last subdivision had a rock/slag trail, they could also do a mulch path with a border.
Rebecca Bryant asked about the letter that was received regarding the citizen who stated that
they had water going under their house and that the silt fences were failing. Mr. Simmons stated
that this issue has been monitored. Chairman Turner stated that the citizen is in the audience and
can further explain during the public hearing.
Joe Rector, Mullins, LLC, stated that Breland Homes was purchased by Lennar Homes with a
transfer of land. The Owner has agreed to the conditions that staff has presented.
Chairman Turner opened the Public Hearing.
Wayne Hathorn, 19251 State Highway 181, was concerned with flooding problems he has been
experiencing in the front and rear of his property. He stated that water is going under his house
and a termite inspector advised him of increased moisture, he has had to put plywood over his
vents. He requested that the drainage be looked at again before receiving approval.
Julie Comer, 9551 Bay Meadows Avenue, wanted to know how a traffic study done at
preliminary plat would apply now at final plat. She also wanted to know how to get sidewalks
installed along Bay Meadows Avenue. Chairman Turner responded by saying that traffic studies
are done prior to final plat. Final plat approval is ensuring that the subdivision was built as
approved at preliminary. He also mentioned that Fairhope Single Tax is starting to build
sidewalks on Windmill Road, they could be installed on Bay Meadows Avenue as well if
neighbors were willing to pitch in if they want them there.
July 7, 2022
Planning Commission Minutes
19
Chairman Turner closed the Public Hearing.
Mr. Rector stated that their detention exceeds requirements and that discharge rates will be
decreased once homes are built. Mr. Simmons added that the Engineer for this project, Todd
Wheeler, could not make it to the meeting. Staff has photos of flooding before construction had
started and that swales and inlets had been installed. Rebecca Bryant stated that the site is about
30-feet higher than Mr. Hathorn’s property at the corner of the site. Mr. Hathorn stated that all
of the water from the site goes to the rear of his property, causing flooding and that the inlet is
getting backed up. Mr. Rector stated that once there is a fully functioning subdivision, there
should be less water leaving the site than before the subdivision was started. Art Dyas stated that
they need to do remedial work.
Chairman Turner suggested holding the case over for 30 days and having the engineer meet with
Mr. Hathorn. Mr. Rector responded that there are millions of dollars invested in the project and
that they have gone through the process to get the project approved while meeting all of the
requirements. Chairman Turner stated that the Engineer for the project is not present, and he
would like the Engineer to look at the site. Mr. Simmons stated that when he went to the site
around nine months ago, the site was sheet flowing to Mr. Hathorn’s property. Today, the water
that was sheet flowing to that property is now going to the detention pond. Chairman Turner
suggested either approving the case with the condition that the Engineer meets with staff and
Mr. Hathorn to ensure everything is working correctly or holding it over. Mr. Simmons agreed
to meet. Attorney Chris Williams clarified that the condition would be to confirm that it was
constructed according to the approved design and plans that have already been approved. Mr.
Rector had no objection.
Motion:
Councilman Martin made a motion to approve Case SD 22.23, subject to staff conditions plus
an added condition:
1. Apply a 1” overlayment of asphalt and supply new test reports to be approved by the Public
Works Director.
2. Provide Bac-T tests reports to be reviewed and approved by the Water and Sewer
Superintendent.
3. Add a future through street sign at Golden Leaf Ave and Hardwood Avenue.
4. Provide invoice confirming the pond has been stocked with fish.
5. Provide detail for primitive walking trail to be approved by the Planning Director.
6. Provide Subdivision Performance Bond and Signed Subdivision Performance Bond
Agreement to be reviewed and approved by the Planning Director.
7. Confirmation of current owner.
8. Engineer of Mullins, LLC to meet with a staff member from the Planning Department and
the owner of 19251 State Highway 181 to ensure that drainage is working as designed.
John Worsham seconded the motion and the motion carried with the following vote:
AYE: Lee Turner, Rebecca Bryant, Hollie MacKellar Art Dyas, Harry Kohler, John Worsham
and Corey Martin.
NAY: None.
July 7, 2022
Planning Commission Minutes
20
SD 22.24 Public hearing to consider the request of the City of Fairhope Planning and Zoning
Department to accept Resolution Number 2022-03 for a proposed amendment to add Appendix J,
Amendments, in the City of Fairhope Subdivision Regulations.
Summary:
Mike Jeffries, Development Services Manager, presented the amendment summary.
This amendment is to add Appendix J at the end of the Subdivision Regulations to show the previous
amendments. Appendix J would include the date, the case, and a brief description of the amendment.
Recommendation:
Staff recommends approval of Case SD 22.24, Resolution Number 2022-03, for the proposed
amendment.
Chairman Turner opened the public hearing. Having no one present to speak, Chairman Turner closed
the public hearing.
Motion:
Art Dyas made a motion to approve Case SD 22.24, accepting Resolution Number 2022-03, to approve
the proposed amendment to the Subdivision Regulations.
Rebecca Bryant seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner, Rebecca Bryant, Hollie MacKellar Art Dyas, Harry Kohler, John Worsham and Corey
Martin.
NAY: None.
Old/New Business
Discussion of club house in The Flats at Easy Bay, SD 21.03.
Hunter Simmons stated that the Flats at East Bay are what was approved as Carmel Park Flats, the
apartments on Twin Beech. A condition of approval was that the improvements of the roundabout and
the turn lanes shall be installed before they receive CO of occupied buildings. The turn lanes are already
installed, but he is not sure what the timing of the roundabout will be. They have a club house there as
part of the amenities and what their intent was within that condition is that no one will be occupying the
apartments, it was not meant to include the club house. The developer is planning to use the club house
for staging and as an office during construction. Mr. Simmons asked if any of the Commissioners had
any objection with that interpretation of the condition. No one objected.
Adjournment
John Worsham made a motion to adjourn, and the motion carried unanimously with the following vote:
AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar,
and Corey Martin.
NAY: None
July 7, 2022
Planning Commission Minutes
21
Adjourned at 7:46 p.m.
____________________________ ________________________
Lee Turner, Chairman Allie Knutson, Secretary
This digital package has been condensed for size and some documents may not
contain all the original pages. All submittals were reviewed in full by staff in
preparation for the reports prepared for the Planning Commission.
S O U T H L A N D BLVD
GARRISONBLVDGREENO RDMUSKET AV
MCCLELLAN BLVDCRAFTSMANAVSHARPSBURG AVE
PEMBERTONLOOPOLD BATTLES RD
FLOURNOYWAY
BONHAM LN
ATWATERAV
BARTLETT AV
GARRISONBLVD
KE
MP
E
RLNGREENO RDWRIGHTBLVDPALE MOON CT
BRIGITTEMITCHELL LN
VIVIANLOOP
GUARISCO LN
MCARTHURLNSAGE LNCOUNTY RD 34
City of FairhopePlanning Commission
August 1, 2022
¯
CROSSOVEROLD BATTLES RD GREENO RDGREENO RDFLOURNOY WAY WRIGHT BLVDCOUNTY RD 34BRIGITTE MITCHELL LNZC 22.09 The Shops at Point Clear
Legend
RoadsParcelsCorporate Limits
Zoning ClassificationPUD - Planned Unit DevelopmentPlanning Jurisdiction
^
Project Name:
The Shops at Point Clear Site Data:
21.18 AcresProject Type:
Cond. Annexation w/ Rezoning to B-2Jurisdiction:
Fairhope Planning JurisdictionZoning District:
UnzonedPPIN Number:
17515, 391379, 391372, 391373, 391374,
391375, 391376General Location:
Northwest corner of Greeno Road and
Old Battles RoadSurveyor of Record:
Engineer of Record:
Trey Jinright, Jade ConsultingOwner / Developer:
RW Battles, LLCSchool District:
Fairhope Elementary School
Fairhope Middle and High Schools Recommendation:
ApprovedPrepared by:
Hunter Simmons
µ
µ
1 ZC 22.09 The Shops at Point Clear – August 1, 2022
Summary of Request:
Applicant, Jade Consulting LLC, acting on behalf of the Owner, RW Battles LLC, is requesting to establish an
initial zoning of B-2, General Business District, concurrent with conditional annexation into the City of
Fairhope. The property is approximately 21.18 acres and is located on the northwest corner of Greeno Road
and Old Battles Road.
Comments:
The subject property is currently outside the City of Fairhope’s municipal boundary and un-zoned. The subject
property lies within the City of Fairhope’s permitting jurisdiction and a permit has been issued for the site.
Construction has begun. The property to be annexed is generally located on the map below. A replat/common
lot line move with the property to the north is in progress. The resulting lots will be contiguous with Fairhope
Corporate Limits. The adjusted lot lines shall be recorded with Baldwin County Probate Office prior to
adoption by the Fairhope City Council.
This site is not within a commercial/village node within Fairhope’s current Comprehensive Plan. However, the
City is currently in the process of updating its Comprehensive Plan and acknowledge the intersection of Greeno
Rd and Old Battles Rd development pattern change since the last update and will need to be considered a
future node at this intersection. If annexation and B-2 Zoning are approved, future uses for the outparcels
shall meet the Fairhope Zoning Ordinance requirements.
2 ZC 22.09 The Shops at Point Clear – August 1, 2022
The outparcels were created via an Administrative Replat (City)/Common Lot Line Exemption (County). The
Publix site received approval for a 16-unit Multiple Occupancy Project (Case SD 21.09) in 2021. Important to
note, this is a straight re-zoning request and does not include a site plan for intended uses.
Update: When this application was received the subject property was un-zoned, but within the City of
Fairhope Planning Jurisdiction. On July 19, 2022, the Baldwin County Commission enacted zoning for
Planning Districts 8 and 37. The subject property is now zoned B4 (Major Commercial District) as shown on
the map below.
The Zoning Ordinance defines B-2 General Business District as follows:
“B-2 General Business District: This district is intended to provide opportunity for activities causing noise and heavy
traffic, not considered compatible in the more restrictive business district. These uses also serve a regional as well as a
local market and require location in proximity to major transportation routes. Recreational vehicle parks, very light
production and processing activities are included.”
Criteria – The application shall be reviewed based on the following criteria:
(1)Compliance with the Comprehensive Plan;
Response:
Meets
RSF-E
28
2' •F.
3 ZC 22.09 The Shops at Point Clear – August 1, 2022
(2)Compliance with the standards, goals, and intent of this ordinance;
Response: Staff is appreciative of the application, which intends to annex into the City of Fairhope and fall
under the City’s development guidelines.
(3)The character of the surrounding property, including any pending development activity;
Response: Meets
(4)Adequacy of public infrastructure to support the proposed development;
Response: This is a re-zoning request, without a Site Plan review. The subject property lies within the City’s
permitting jurisdiction. Site Construction has begun.
(5)Impacts on natural resources, including existing conditions and ongoing post-development conditions;
Response: Construction was permitted through the City of Fairhope.
(6)Compliance with other laws and regulations of the City;
Response: At the time of any redevelopment all applicable laws of the City will be applied. If granted, any use
within B-2 zoning will be allowed ‘by right’.
(7)Compliance with other applicable laws and regulations of other jurisdictions;
Response: At the time of a redevelopment all applicable laws will be applied.
(8)Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and
property values; and,
Response: Prior to application for annexation and rezoning, the subject property was reviewed as a Multiple
Occupancy Project for Lot 5. That reviewed considered the above-mentioned impacts. Future development
on outparcels may require further reviews, depending on the projects proposed on those parcels.
(9)Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical
impacts, and property values.
Response: Staff cannot not anticipate any significant issues relating to this criterion.
Recommendation:
Staff recommends Case ZC 22.09, The Shops at Point Clear, be approved for conditional annexation, with
initial zoning of B-2 General Business District.
RW BATTLES, LLC
418 Scott St.,
Montgomery, AL 36106
July 6, 2022 Mayor Sherry Sullivan City of Fairhope 555 South Section Street Fairhope, AL 36533 Re: Shops at Point Clear, Fairhope, AL Dear Mayor Sullivan: RW Battles, LLC is the corporate entity which is developing the 21-acre project known as the Shops at Point Clear. This development is located on the NWC of U.S. 98 (Greeno Road) and Old Battles Road. The Shops at Point Clear will consist of a new 48,387 square foot Publix Grocery Store as well as 18,800 square feet of new retailers and five (5) new outparcels. This is a development that should be very convenient to those living in the Point Clear area of Fairhope. Construction has been underway at the site since the Spring of 2021, and the project should open in October 2022. RW Battles, LLC is excited to bring this new retail project online for all those customers who were not served by a development such as this in the area. Some developers build a project and then sell it when it opens. However, RW Battles, LLC plans on keeping this project for years to come, and to operate it efficiently and maintain it as a Class-A center. A lot of money is being spent on landscaping this project. It should be a very attractive landscaping area of Fairhope. Many trees have been kept in different areas of the site and coupled with the new landscaping, the Shops at Point Clear should stand out to the citizens of Fairhope. Sincerely, RW Battles, LLC
LEGAL DESCRIPTION
STATE OF ALABAMA
COUNTY OF BALDWIN
LOTS 1, 2, 3, 4, 5, 7 & 9, RW BATTLES LLC REPLAT, AMENDED PLAT, AS RECORDED ON SLIDES 2785 A‐C
OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA;
Revised 06/2006
U.S JUSTICE DEPARTMENT INFORMATION
0 Size of property (acres or square feet),_2_5_._o_a ___________ _
O If property is occupied, give number of housing units _O ________ _
O Number of Persons residing in each unit, and their race_O ________ _
0 If property is unoccupied, give proposed use_M_O_P __________ _
D If property is being developed as a subdivision, give subdivision name
D Number of lots within proposed subdivision ____________ _
I, N_ A, 1'L,\,+{-t!.Y-a Notary Public in and for said State and County, hereby
certify that C!b1e L S-IA.,l i~M.P N whose name(s) is/are signed to the forgoing
Petition and who is /are known to me, this day appeared before me and, being first duly sworn,
acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date.
Given under my Hand and Seal this I f ~ay of J LJ y , 20~,
~. Nancy A. Butler ~ a A J. I}~. fr.Ii NOTARY PUBLIC • rt,,~ -(./.):(,A;;{,..U,'L,'
:~~-· • ~% Muscogee County~ Georgia Notry Publi
\~ . l'!r j My Commission Expires
't::~~1•./ MayS,2025 M · · • ~ /, "o"e: ··~ y comm1ss1on expires ~ , t?-,,.:J
I, _____________ a Notary Public in and for said State and County, hereby
certify that ____________ whose name(s) is lare signed to the forgoing
Petition and who is/are known to me, this day appeared before me and, being first duly sworn,
acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date ,
Given under my Hand and Seal this ___ day of _____ , 20 __ ,
(Seal)
Notary Public
My commission expires _______ _
I, _____________ a Notary Public in and for said State and County, hereby
certify that ____________ whose name(s) is/are signed to the forgoing
Petition and who is/are known to me, this day appeared before me and, being first duly sworn,
acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date .
Given under my Hand and Seal this ___ day of _____ , 20 __ ,
(Seal)
Notary Public
My commission expires _______ _
Backroom :Users :mray :Library :Ma1l :POP,
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July 23,2022
Ms. Casey Potts Planner City of Fairhope 555 S. Section Street Fairhope, AL 36533 Re: Zoning Change, Greeno and Old Battles Roads Area Dear Ms. Potts: Thank you again for your assistance the other day. You provide excellent customer service. It is our understanding the Planning Commission will be considering a zoning change on August 1, 2022, for an area north of the Shoppes at Point Clear shopping center and east of the Old Battles Village subdivision. The change will allow for high density residential development, which potentially could mean the construction of apartment buildings. We also understand the zoning change was approved by the Baldwin County Commissioners; However, the zoning change is within the extraterritorial area of Fairhope for zoning and planning purposes. Our concerns are threefold: 1) Drainage. It is our understanding Truland Builders had to buy out the owners of five homes on Craftsman Avenue that have their backyards abutting Point Clear Creek due to flooding. We also understand that drainage issues on Point Clear Creek are a point of contention between the City of Fairhope and Baldwin County as to which entity bears responsibility for improvements. We suspect the construction of apartments and sizeable parking lots with resulting increases in runoff will only exacerbate the drainage problem. 2) Traffic. We think most homeowners in Old Battles Village are looking forward to the opening of the Shoppes at Point Clear. However, we are sure many of them have concerns about traffic congestion on Old Battles Road and the intersection of Old Battles and Greeno. 3) Property values. If the construction of high-density residences impacts drainage and traffic issues, it might impact property values adversely in Old Battles Village. Thank you for sharing our concerns with the Planning Commission. Sincerely,
Terry and Judith Ullrich
Terry and Judith Ullrich 229 Garrison Blvd. Fairhope, AL 36532 (504) 625-5809 tullri@bellsouth.net
STATE OF ALABAMA
DOMESTIC LIMITED LIABILITY COMPANY (LLC)
CERTIFICATE OF FORMATION
1. THE NAME OF THE LIMITED LIABILITY COMPANY
3.THE NAME AND STREET (NO PO BOXES) ADDRESS OF THE REGISTERED AGENT LOCATED AT THE REGISTERED OFFICE (MUST BE LOCATED
IN ALABAMA):
MAILING ADDRESS IN ALABAMA OF REGISTERED OFFICE (IF DIFFERENT FROM STREET ADDRESS):
5. CHECK ONLY IF THE TYPE APPLIES TO THE LIMITED LIABILITY COMPANY BEING FORMED:
2. THIS FORM WAS PREPARED BY:
4. THE UNDERSIGNED CERTIFY THAT THERE IS AT LEAST ONE MEMBER OF THE LIMITED LIABILITY COMPANY.
NON-PROFIT LLC
NON-PROFIT SERIES LLC
PROFESSIONAL SERIES LLC
PROFESSIONAL LLC COMPLYING WITH TITLE 10A, CHAPTER 5A, ARTICLE 8
SERIES LLC COMPLYING WITH TITLE 10A, CHAPTER 5A, ARTICLE 11
(FOR COUNTY PROBATE OFFICE USE ONLY)
(FOR SOS OFFICE USE ONLY)
MONTGOMERY COUNTY, ALABAMA
Probate Judge:
J C LOVE, III
Filed:06/25/2020 04:46 PM
Total:$55.00 3 PAGES
Certified Copy 5101469RW Battles, L.L.C.
Ray W. Roark II
Ray W Roark II
418 Scott Street
Montgomery, AL 36106
MONTGOMERY
AlabamaSec. Of State635-732 DLL06/25/202016:47:00$100.00$0.00 -------$100.00DateTimeFileExpTotal□
□
□
□
□
6.THE UNDERSIGNED SPECIFY AS THE EFFECTIVE DATE AND THE TIME OF FILING
ATTACHED ARE ANY OTHER MATTERS THE MEMBERS DETERMINE TO INCLUDE HEREIN
7.ORGANIZER(S) - OPTIONAL
Not Applicable
06/25/2020 Ray W Roark II Manager/Member
DATE ELECTRONIC SIGNATURE & TITLE
06/25/2020 16:41:40
□
John H. Merrill
Secretary of State
P.O. Box 5616
Montgomery, AL 36103-5616
I, John H. Merrill, Secretary of State of Alabama, having custody of the
Great and Principal Seal of said State, do hereby certify that
pursuant to the provisions of Title 10A, Chapter 1, Article 5, Code of Alabama
1975, and upon an examination of the entity records on file in this office, the
following entity name is reserved as available:
RW Battles, L.L.C.
This name reservation is for the exclusive use of Ray W. Roark II, 418 Scott
Street, Montgomery, AL 36104-0000 for a period of one year beginning
September 05, 2019 and expiring September 05, 2020
In Testimony Whereof, I have hereunto set my
hand and affixed the Great Seal of the State, at the
Capitol, in the city of Montgomery, on this day.
September 05, 2019
Date
RES853686 John H. Merrill Secretary of State
STATE OF ALABAMA
N SECTION STNBANCROFTSTOAK AV
PINE AV
City of FairhopePlanning Commission
August 1, 2022
¯
OAK AV
N SECTION STNBANCROFTSTSD 22.21 - 404 Oak Avenue MOP
Legend
RoadsCentral Business DistrictParcelsCorporate LimitsZoningDistrict
Zoning ClassificationB-2 - General Business DistrictB-3a - Tourist Resort Lodging DistrictB-4 - Business and Professional DistrictP-1 - ParkingR-2 - Medium Density Single-FamilyPlanning Jurisdiction
^µ
µ
Project Name:
404 Oak AvenueSite Data:
0.18 acresProject Type:
4-Unit MOPJurisdiction:
Fairhope Planning JurisdictionZoning District:
B-4PPIN Number:
14546General Location:
South side of Oak Street, between N.
Section St & N. Bancroft StSurveyor of Record:
Barton and Schumer EngineeringEngineer of Record:
Barton and Schumer EngineeringOwner / Developer:
404 Oak LLCSchool District:
Fairhope Elementary School
Fairhope Middle and High Schools Recommendation:
Approved with ConditionsPrepared by:
Casey Potts
-----
1 SD 22.21 404 Oak Street MOP – August 1, 2022
Summary of Request:
Request of 404 Oak LLC for four‐unit Multiple Occupancy Project Approval of 404 Oak Street. There are three
residential units and one office unit. Lieb Engineering Company is the engineer for the project. The subject
property is zoned B‐4, lies within the Central Business District, and is approximately 6,054 SF. The property is
located on Oak Street and lies west of Bancroft Street.
Comments:
‐ Utilities: All connections and work in City of Fairhope ROW will require permitting from City of Fairhope.
o Water – The site will utilize existing water services to the building. The services to each unit will be
included in the rental rates.
o Sewer – The site will utilize existing sewer services to the building. The services to each unit will be
included in the rental rates.
o Power – The site will utilize existing power services to the building. The services to each unit will
be included in the rental rates.
o Gas – The site will utilize existing gas services to the building. The services to each unit will be
included in the rental rates.
o Communications – AT&T
o Trash pickup will be collected via shared rolling cans and picked up by the City of Fairhope.
‐ Traffic Study: A traffic study was not triggered for this project.
‐ Drainage: The building is existing. Stormwater will be conveyed through existing stormwater conveyance
systems.
‐ Landscaping: The building is existing. A landscape plan was not required for interior renovations.
‐ Parking: Three parking spaces are required for the three residential units. They are provided. One space is
handicap and is van‐accessible, which ADA requires. The van‐accessible space and its surrounding sidewalk
will be made of concrete. An extension of the concrete sidewalk adjacent to the van‐accessible space is
required, as shown in Figure 1. The remaining spaces and the access drive will be made of gravel.
Figure 1: Ingress/Egress and Parking Schematic
‐ Sidewalk: Sidewalk will be installed at along Oak Street, within the right‐of‐way. The applicant met with
Public Works and the approved sidewalk is shown in the plans. The sidewalk is ADA compliant.
2 SD 22.21 404 Oak Street MOP – August 1, 2022
General Comments:
o A replat to remove historic lot lines will be required.
o All work done in ROW will require permitting from City of Fairhope.
Staff Recommendation of Case SD 22.21 404 Oak Street:
Staff recommends approval with the following conditions.
1.A replat to remove common lot lines shall be recorded.
2.Extend the concrete along the rear of the ADA‐compliant, van‐accessible parking space.
Owner List
Brandon Pilot
Jerod Pilot
Ross Wilson
Carter Harsh
Daniel Powell
David Martin
BARTON & SHUMER ENGINEERING, LLC
3213 MIDTOWN PARK SOUTH
MOBILE, AL 36606
251.219.4942
www.bartoneng.com
June 6, 2022
Mr. Richard Johnson, PE
City of Fairhope
555 S. Section Street
Fairhope, Alabama 36532
RE: 404 Oak Avenue MOP – Drainage Narrative
Dear Mr. Johnson:
A Multiple Occupancy Project is proposed at the existing residence at 404 Oak Avenue which is located
in the southwest quadrant of the intersection of Oak Avenue and North Bancroft Street. The site slopes
toward the northeast with existing inlets on the north side of Oak Avenue and the east side of Bancroft
Street. Bancroft Street has a significant northward slope beyond Oak Avenue where any runoff will
enter a natural drainage feature that drains to Mobile Bay.
The existing residence is located on multiple parcels and has an existing driveway with aggregate
parking. The project consists of renovating the existing residence to provide for residential and
commercial uses. No changes to the foot print of the structure or grading of the site are proposed as
part of this project that would alter the existing runoff flow pattern.
Sincerely,
David M. Shumer, P.E.
AL P.E. #24109
STATE OF ALABAMA
COUNTY OF BALDWIN
BALDWIN COUNTY, ALABAMA _.
HARRY D'OLIVE, JR. PROBATE JUDGE c,o
Filed/cert. 12:06:2021 01 :02:06 PM 0)
Total: $28.00 ~
6 Pages .,i::..
EASEMENT AGREEMENT -1>-
' This Easement Agreement is entered into on the Jp__ day of _JJc--7'cc_-e,_. _____ ~
2021, by and between PETER F, SIKOROWSKI & LAURIE S, SIKOROWSKI, HOUSTON
HOLDINGS OF FL, LLC, and the FAIRHOPE STNGLE TAX CORPORATION (hereinafter "the
FSTC").
WHEREAS, PETER F. SIKOROWSKI & LAURIE S. SIKOROWSKI are the leasehold
owners of certain property, commonly known as 404 Oak A venue, Fairhope, Alabama, 3653 2, and
more particularly described as follows:
1be East 10 feet of Lot One(!), the East 10.0 feet of the North Half of Lot Two
(2), the West 71.0 feet of the North Half of Lot Seven (7), and the West 71.0 feet
of Lot Eight (8), Block Two (2), Division Four (4), lands of the Fairhope Single
Tax Corporation in the City of Fairhope, Alabama, being approximately 81 feet by
99 feet, as recorded in Misc. Book I, Pages 320-21, Probate Records, Baldwin
County, Alabama, Frac'l Section 17, Township 6 South, Range 2 East.
46-03-37-0-007-068.503
WHEREAS, HOUSTON HOLDINGS OF FL, LLC is the leasehold owner of certain
property, commonly known as 406 Oak Avenue, Fairhope, Alabama, 36532, and more particularly
described as follows:
The East 61 feet of Lot Eight (8) and the East 61 feet of the North Half of Lot Seven
(7), Block Two (2), Division Four ( 4), lands of the Fairhope Single Tax Corporation
in the City of Fairhope, Alabama, being approximately 61 feet by 99 feet, as
recorded in Misc. Book I, Pages 320-21, Probate Records, Baldwin County,
Alabama, Frac'l Section 17, Township 6 South, Range 2 East.
46-03-37-0-007-068.513
NOW, THEREFORE, for and in consideration of the sum often dollars ($10.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged, and the covenants
Page 1 of6
and agreements contained herein, PETER F. SIKOROWSKI & LAURIE S. SIKOROWSK! and
HOUSTON HOLDINGS OF FL, LLC, being the leasehold owners of 404 Oak Avenue and 406
Oak Avenue, as described above, do hereby agree and bind themselves and their heirs or assigns
as follows:
1. There currently exists a 20-foot Easement for ingress and egress, for the benefit of
404 Oak Avenue, across the South 20 feet of 406 Oak Avenue, the Easement more particularly
described as follows:
The South 20 feet of the East 61 feet of the North Half of Lot Seven (7), Block Two
(2), Division Four (4), lands of the Fairhope Single Tax Corporation in the City of
Fairhope, Alabama, as recorded in Misc. Book 1, Pages 32()-21, Probate Records,
Baldwin County, Alabama, Frac'l Section 17, Township 6 South, Range 2 East.
2. The terms and conditions of this easement agreement may be amended, from time
to time, upon the joint agreement of the owners of 404 Oak Avenue and 406 Oak Avenue. Any
amendment shall be in writing and recorded in the Office of the Judge of Probate of Baldwin
County, Alabama.
3. This easement agreement shall be deemed to be a covenant running with the land
and any futnre leasehold owners of 404 Oak Avenue and 406 Oak A venue shall be bound by the
terms and conditions of this agreement.
4. This easement agreement is subject to the terms and conditions of the 99-year
ground lease issued to each leasehold owner by the FSTC and by the laws of the State of Alabama.
5. The FSTC does hereby join in this agreement for the purpose of acknowledging the
terms and conditions of this agreement and no more.
Page 2 of6
NORTH
0 10'20'
SCALE: 1" = 10'
REVISIONS
A ISSUED FOR REVIEW
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8' WIDE CONCRITE SIDEWALK
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EXISTING FIRE HYDRANT \ AT INTERSECTION OF
BANCROFT AND PINE
CnY PRCMDED FLOW DATk
STATIC 65 PSI
RESIDUAL 54 PSI
FLOW 650 GP~
404 OAK STREET
NOT VALID WITHOUT THE DATED SIGNATURE AND SEAL OF AN ALABAMA LICENSED ENGINEER. SITE PLAN
1. EACH UNIT SHALL BE SPRINKLED.
LIEB ENGINEERING COMPANY ALABAMA LICENSED ENGINEER: CHRISTOPHER JAY LIEB, P.E. LICENSE NUMBER 31204 1----------------------,
1290 MAIN STREET, SUITE E ALABAMA CERTIFICATE OF AUTHORIZATION NUMBER: 4938 FAIRHOPE, AL
DAPHNE, AL 36526 OWNER:
PH: (251 ) 978 -9779 >---J-OB-NU-M-BE-R-~DR-AW_N_B_Y_: -J-LG ___ DA-TE-: -7-/-6/_2_02_2_S_C_AL-E,-1-.. =-1 O-, ----+-SH-EE_T_N-UM_B_ER_~----------~----i
C1 .0 A 2022-066 CHECKED BY: ~ APPROVED BY: -91_ ENGR: -91_ OF
USHWY98P A R K E R R D
SOUTH DR
VI
ALETRENTI
NOPEARLYGHASKIN DRSOUTHDR
USHWY98PRESBYTERIANDR
OLD MILL RDSIBLEY
C
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VIAMARIA
W ILDOAKSRDHIGH RIDGE RDVIALEBELLEZZACity of FairhopePlanning Commission
August 1, 2022
¯USHWY98PARKER RD
CROSSOVER
PEARLYGHASKIN DRUSHWY98HIGH RIDGE RDSD 22.22 - Parkstone
Legend
RoadsParcelsCorporate LimitsZoningDistrict
Zoning ClassificationB-2 - General Business DistrictB-4 - Business and Professional DistrictPUD - Planned Unit DevelopmentR-1 - Low Density Single-FamilyPlanning Jurisdiction
^µ
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Project Name:
ParkstoneSite Data:
12.84 acresProject Type:
Subdivision Final PlatJurisdiction:
Fairhope Planning JurisdictionZoning District:
PUDPPIN Number:
32028General Location:
East side of U.S. Highway 98, North of
Parker RoadSurveyor of Record:
Sawgrass Consulting LLCEngineer of Record:
Sawgrass Consulting LLCOwner / Developer:
Eastpark LLCSchool District:
Fairhope Elementary School
Fairhope Middle and High Schools Recommendation:
Approved with ConditionsPrepared by:
Mike Jeffries
1 SD 22.22 Parkstone Final Plat – August 1, 2022
Summary of Request:
The owner is Eastpark LLC. The engineer and applicant is Sawgrass Consulting, LLC. This application is for
Final Plat Approval of Parkstone Subdivision, a 41-lot Major Subdivision. The property is approximately 12.84
acres and is located on the east side of US Highway 98, north side of Parker Road, and across from the
Fairhope Publix. The preliminary plat was approved at the September 2020 Planning Commission meeting
(Case SD 20.23). The property is zoned PUD and has a corresponding site plan. The subdivision must be built
in substantial conformance to the approved site plan within the PUD. An excerpt of the site data table is
included below:
A final walk through was performed by the City and a punch list of items needing attention was created and
sent to the applicant. The review letter and response letter from the applicant is provided in the Planning
Commission Packet.
Comments
Water/Sewer: The applicant was allowed to use existing infrastructure for this development. A final
inspection was performed, and a few items remain that should be completed prior to the meeting. The road
to the lift station is currently gravel and had areas of wash out and erosion. The applicant has lined a
drainage swale with filter cloth and rip rap. Due to concerns of this not being a permanent fix, the City
reserves the right to reinspect the road after six months and, at the discretion of the Water and Sewer
Superintendent, require a new solution which could include an asphalt or concrete drive to be installed in
the easement to service the lift station at the developer’s expense.
Public Works: The drainage inlets have open tops and safety grates have been installed. The thermoplastic
for the cross walk across Parker Road is the only remaining item and should be completed prior to the
meeting.
Landscaping: The approved landscape plans called for a 12’X12’ gazebo on the northern common area,
walking trails through the common areas, and benches placed in common areas. The walking paths have
been installed and are made of a rock/slag material. The applicant has requested the benches be installed
once homes are constructed for fear of theft. Due to a drainage inlet installed in the wrong location, the
applicant requested permission to shift Lots 38 and 39. The shift and slope of the land due to a detention
pond made a walking path impracticable. The applicant provided a sketch of the alteration which included
two additional pavilions and additional trees and flower beds, of which staff supported.
The gazebo and pavilions have been installed.
SITE DATA
TOTAL ACREAGE = 12.84 ACRES±
TOTAL LINEAR FOOTAGE OF STREETS = 1,845 L.F.±
TOTAL NUMBER OF LOTS = 41 LOTS
MINIMUM LOT SIZE = 6,304 S.F.± (0.14 ACRES±)(LOT 21)
ZONING = CITY OF FAIRHOPE PUD (SEE PUD ORDINANCE #1668)
AND BALDWIN COUNTY 8-2 (TAX 05-46-03-05-0-000-010.008 ONLY)
MAXIMUM LOT COVERAGE = 48%
MAXIMUM BUILDING HEIGHT = 30 FEET
2 SD 22.22 Parkstone Final Plat – August 1, 2022
Incomplete Punch List items:
1. Install fence around lift station
2. Complete cross walk striping/thermoplastic across Parker Road
The City of Fairhope Subdivision Regulations contain the following criteria in Article V.B.2. Approval Standards.
“2. Consistency with Plans, Regulations and Laws - The Planning Commission shall not approve the
subdivision of land if the Commission makes a finding that such land is not suitable for platting and
development as proposed, due to any of the following:
a. The proposed subdivision is not consistent with the City’s Comprehensive Plan, and/or the City’s Zoning
ordinance, where applicable;
• 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;
• Does not meet
d. The proposed subdivision is not consistent with other applicable state or federal laws and regulations;
• 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 with Conditions of SD 22.22 Parkstone final plat.
1. Install fence around lift station to be approved by the City of Fairhope Water and Sewer Department.
2. Replace stormwater manhole lid between lots 19 and 20 with a sanitary sewer lid.
3. Complete striping/thermoplastic crosswalk on Parker Road.
ORDI A CE NO. 1668
AN ORDlN CE AME DlNG ORDIJ'I CE 0. 1253
KNOWN A THE ZONLNG ORDI A CE TO AMEND ORDl ANCE 0 , 1273; A
PL ED U IT DEVELOPMENT O WN AS .EAST PARK SUBDIVISION · TO
APPROVE A REVI ED MASTER P L N; PROVIDI GA SEVERABILITY
CLAUSE; A D PROVIDT GA EFFECT IVE DATE.
13E IT ORDAi ED BY THE CITY COUNC IL OF nrn CITY OP PAI R.MOPE, ALABAMA as
follows :
The ordinance knoWJl as the Zoning Ordinance ( o. 1253), adopted 27 Jone 2005, together with the
Zoning Map of1he City ofFairhope , be 1111d 1l1e siune hereby is changed and.alte red in respect lo Lhat
ce11a in pro perty describe d below:
After the ap pro priate pub lic notice and hearit1g ofthe Planning Commission ofd1e City of Fairhope ,
Alabama has fo rwar ded a fa ornble rcconm,1endation.
The prope rty ofWenilell and Charloue Barnhill, to be known as E.1~L Park PUD ,generally located on
the nor th side of Parker Roat! just eas t of US Highway 98 , Fairho pe, Alabama .
East Park PUD
PPl #: 15985 und 32028
Legal Description: (Case 11t1mber Z 19.14)
COMMENCJNG AT THE NORTH.EAST CORNER OF SECTLON 5. TOWNSH IP 6 SOUTH ,
RA GE 2 EAST, BAL DWIN COUNTY, ALABAMA ; THENCE RUN ·-89°16'49"-W , 15 45.07
FEET TO THE POI NT OF BEG INNlNG , SAlD POINT ALSO BETNG LOCATED O I THE
WEST LINE OF HJGH RIDGE ESTATES , ACCORDING TO TH E PLAT THEREOF
RECORDED Ai MAJ,' BOOK 7, PAGE ll IN THE OFFJCE OF TJ-IE JUDGE OF PROBATE,
13ALDWI COUNTY , ALABAMA ; THENCE RU S-00 °23'25 "-W , ALONG SA ID WEST LLNE,
5'18.79 FE-ETTO A POINT; TRENCERUNS-00°27'13"-W, 615.40 FEET TO A POINT; THENCE
RU N-88°59'13"-W' LEA VTNG SAID WEST LINE, 208.48 F'EETTOA POJNT;THENCE RUN
S-00 °2~'04 "-W ' 149.90 FEET TO A PO INT LOCATED O THE NORTH RIGHT or-w A y LINE
OP PARKER ROAD; THENCE RU N-89°07'38"-W, ALONG SA ID NORTH RIGHT OF WAY
LINE, 131.27 FEET TO A PO INT; TI~ENCE RUN '-89 °07'28"-W. 83.64 FEET TO A POINT ;
THENCE RUN -89 °22'35"-W , 15.89 FEET TO A POINT ; THENCE RUN N-00 °18'39"-E,
LEAVTNG SAIDNORTHRIGHTOF WAY Lll\TE ,397 .73 FEETTO APOINT ;THENCERUNN-
00 °14'45"-E, 327 .32 FEET TO A POI T; THENCE RUN N-89°58'14"-W , 83.35 FEET TO A
POINT; THENCE RUN N-00 °21 '47"-E, 279. 72 F'EETTO A POINT; THENCE RUN S-89°57' 19 "·
E, 83 .06 FEET TO A POINT ; THENCE RU N-00 °23'16"-E , 284.58 FEET TO A POfNT ;
THENCE RUN S-88 °23'31"-E , 434 .06 FEET TO THE POINT OF BEGJ NING .
I. That, attached as ''Exhib it A" is an 11pproved si te plan. The property mu$t develop in
subs tantia l con fo rmonce wi th the approve d si te plan and suppo 1ting documents . Any
substa11tial deviatiou from the attached site plan, as determined by the Director of Planning,
will require re-approval by the Plannlng Commission and the Ci ty Counc il of 1he Ci ty of
Fairhope, A labamn , as Q PtJD nmc11dmc111.
2. T hat, auac hed as "Exhibit B" is an approved project narrative.
3. T hat, the follow ing development regulations shall govem:
Overall Development:
Lots : There s hall be 44 lots tornl.
Density; Density shaJJ not excee d 3 .4ll lots per acre .
Accessory Structures and Dwellings: No accessory structures or dwellings are allowed ,
R-1, Low Density Single-Family, lies to the north and south oftbe site. Property to the east and
west are zoned by Baldwin County. Property to the east is zoned Baldwin County RSF-2,
Medium Density Single-Family . Property to the west is Baldwin County 82 and B3 -both
business zoning. Across Parker road, to the south, is the Fly Creek PUD. The immediately
adjacent property is the current location of a Publix grocery store and shopping center. The
proposed density of the single-family lots, which is denser that surrounding properties, offers an
appropriate transition to adjacent business uses and meets the intent of the Comprehensive Plan.
Spacing and Setbacks are prescribed on the site plan (Appx. 5) and within the applicant's
narrative (Appx. 3).
The existing PUD prohibits Accessory Structures.
The applicant requests one commercial lot where lots 30 and 31 currently exist, and which are
adjacent to Parker Rd, north of the entrance into the development. B-2 zoning is requested on
the commercial lot. Allowable uses shall conform to those allowed by B-2 Zoning within the
City of Fairhope Zoning Code . Dimensional standards for B-2 zoning will also apply unless
explicitly requested and approved as part of this PUD amendment.
It is important to note the proposed commercial lot is adjacent to a current residential property to
the north, which, if the commercial use is approved, will need to meet requirements prescribed
by the City of Fairhope 's Tree Ordinance. There being adjacent commercial lots to the west
and south, and due its location in a Village Center, the commercial lot, and the corresponding B-
2 use, meets the intent of the Comprehensive P lan.
There are two means of ingress/egress intersecting existing public roads as shown on both the
existing PUD and the proposed amended PUD -one accessible from Parker Rd and one
accessible from Greeno Rd. An easement provides ingress/egress directly onto Greeno Rd. At
this time, the ingress/egress and the associated easement is not intended as a public road to be
maintained by the City of Fairhope.
Per our public works department, as part of the Fly Creek PUD, a traffic study determined Parker
Rd has been improved as much as possible. Therefore, a traffic study is not required at this time,
but the City does retain the right to require a traffic study if needed now or later, as part of the
subdivision review.
An existing cell tower exists within the PUD. Per the most recent Zoning Ordinance, the
proposed single-family housing would not be alJowed within the fall line of an existing tower.
However, the existing PUD was approved prior to adoption of new requirements for cell towers.
Consequently, the cell tower and approved single-family housing may be viewed as an existing
non-confom1ity.
Background
Prior to 2005, this property was used as a 90-unit mob1le home park within unincorporated
Baldwin County.
2 ZC 19.14 East Park PUD Amendment-October 7, 2019
On October 24, 2005 the Fairhope City Council approved Ordinance No. 1273, which rezoned
the Subject Property from RI to a PUD to allow for reduced lot sizes. A copy of Ordinance No.
1273 is appended below.
Staff Recommendation:
Approve With Conditions
Conditio11s o(Approva/:
In addition to Accessory Structures, also prohibit Accessory Dwellings.
To make use of the rearranged greenspace, add a walking trail on the site plan.
Provide an easement to access the pump station.
Provide proof of western easement that provides secondary access directly to Greeno Rd.
Planning Commission Recommendatio11:
Art Dyas made a motion to accept the staff recommendation to APPROVE with the following
conditions:
1 . In addition to accessory structures, also prohibit accessory dwellings.
2. To make use of the rearranged greenspace, add a walking trail on the site plan.
3. Provide an easement to access the pump station.
4. Provide proof of western easement that provides .secondary access directly to Greeno
Road.
Harry Kohler 2nd the motion and the motion carried unanimously with the fo ll owing vote: A YE -
Art Dyas, Rebecca Bryant, Harry Koh ler, Lee Turner, Hollie MacKellar, and Richard Peterson.
NAY-none.
Appends
Appx. 1: Aerial of site
Appx. 2: Rezoning Application
Appx. 3: Applicant's Narrative
Appx. 4 : Existing PUD Site Plan
Appx. 5: Proposed PUD Site Plan
Appx. 6: Ordinance 1273 -East Park PUD
3 zc 19.14 East Park PUO Amendment -October 7, 2019
Appendix 1: Aerial Images of Site
Comparison Table
Feature Existing PUD Proposed PUD
Total Acreage •12.104 12.64
Number of Lots 47 44
Density 3.88 lots/acre 3,48 lats/acre
Road Length 3,175 ff 1,mlf
Greenspace 1.06 acres 2.53 acres
lot WJdth at Street 70ft 54ft
Average Lot Size 5,660 sf 6,722 sf
Typical lot Dimensions 70' X 75' 54' x lZS'
Setbacks 20' front and rear Lots 1-17, 21-43
10' side 20' front and rear
7' side, 15' side street
Lots 18-21
15' front and rear, 7' side
Lot 44 (Commercial)
B-2 zoning Dimensions
Commercial None 1 Lot (0.45 acres)
Figure 3
* As we understand, the original PUO was presented in final fortn with the addition of lots 30 and 31
included on what is designated as the Commercial Lot fronting on Parker Road on the proposed PUD
Amendment. The preliminary submittals of the original PUO in 2005, had not inch.1ded these two lots so
the acreage (12.104 acres) did not include lots 30 and 31 in the total acreage computation. The
Amended PUO includes this Commercial Lot acreage for a total overall acreage of 12.64 acres.
The East Park PUD meets the Fairhope Comprehensive Plan as it Is located at a Village Center as part of
the North Village District within the Greeno Road Corridor Overlay. The Residential Development wlll
Include sidewalks which will connect to the existing sldewalks and crosswalk on Parker Road for
connectivity to Publix, a bank, and other adjoining commercial operations.
Utilities
Water, Sewer, and Power are all available and currently exist within the Development. The Water and
P.owerwill be relocated to conform with the new street and lot layout. We will utilize as much of the
existing gravity sewer as feasible with the addition and relocation of manholes and piping as necessary
to accommodate the proposed street and lot layout. We have been In contact with the City of Fairhope
Utilities Department to confirm that the City maintains an active sewer lift station on site capable of
serving the proposed Development. As part of the Subdivision Development, easements will be
established and infrastructure provided, for access to the existing lift station and accessory structures.
Dimension Table-Lots and Principle Structure
Min. Lot Min.
Use Area Lot Setbacks
Avg. Lot Width I I I Area Front Rear Side
5,970sf
ResldentJal 54' 20' 20' 7'
6,720 sf
Commercial 0,45 acres 131' 20' 20' 10'
·~ote: No accessory structures or dwelllngs wJJI be allowed,
Cell Tower
I Street Side I
15'
ZO'
Max. total ' Max.
lot Height
coverage
by
prlnclple
structure
48% 35'
30'
A cell tower and ancillary support structures currently exist on the property as identified on Figure 2.
The property encompassed by the Tower is fenced and access controlled by a Locked gate. This fenced
area will be identified by an easement with a designated use In-the PUD for a Communication Tower. It
is unlikely the Tower will ever be put out of service, however, should the tower ever be deemed
unnecessary or no longer useful, this area will convert to Green Space for use by the residents of the
PUD .
. Requested Amendments to East Park PUD
• Convert two Residential lots to one commercial lot
• Establish an Easement for the Cell Tower Property
• Red·uce overall lot density
• Increase average lot size
• Reduce roadway length
• Provide more greenspace
• Reduce side yard setbacks from 10 feet to 7 feet
Inlet I-6 Sta. 4+00±
at Lot Line of Lot 38
Proposed Walking
Trail (Original)
Approx. 25’ between
Lot Corner and
Property Line
--
•. ~ ' .• ' .. ~ ' , <. ,.
!.,.. ~--. :~-., :
"'-Css -~---=----~ .........
D--<'""°" "' ' \ '2-,-7.JP I
I \\
\
\
Installed Inlet I-6 Sta.
3+75± Placed Inlet in
middle of Lot 38
3.75’ between
Lot Corner and
Property Line
Shift Lots 38 and 39
SW so Installed
Inlet is on Lot Line
Small Pavilion
Small Pavilion
VIA E-MAIL ATTACHMENT
June 15, 2022
Mr. Tom Granger, PE
Sawgrass Consulting, LLC
30673 Sgt. E.I Boots Thomas Drive
Spanish Fort, AL 36527
SD 22.22
Dear Mr. Granger,
This review package is derived from various components of the City of Fairhope
Subdivision Regulations, Zoning Ordinance, and/or staff recommendations. Staff has
reviewed the subject application to determine if the application meets all the requirements
of the City of Fairhope Subdivision Regulations.
The following non-exhaustive list summarizes the outstanding items requiring revision
and resubmission or follow-up information for the subject application discussed during
the DRC meeting. Please note that The City of Fairhope reserves the right to make
additional comments to this application prior to the Planning Commission meeting date.
1. General repairs include the following:
o Rain stoppers in all sewer manholes COMPLETED
o Remove excess valley gutter expansion joints to improve flow
COMPLETED
o Grind and seal all hairline cracks in gutters (marked with single paint
line) COMPLETED
o Jet and clean all sanitary sewer inverts COMPLETED
o Freshen up all BMPs throughout development COMPLETED
2. ADA ramp at intersection of Treadstone and Parker needs reworked
COMPLETED
3. Lot 5 restabilize water box COMPLETED
4. SSMH STA 6-19 rework invert to match flow COMPLETED
5. Adjust water valves to be flush COMPLETED
6. Remove and replace gutter in front of ADA crosswalk ramp at common area
COMPLETED
7. Areas around curb and gutter need to be restabilized COMPLETED
8. SSMH STA 10-50 Unnecessary bend creating possible obstruction issues. Will be
inspected in 2 years at end of maintenance period and may require
straightening. COMPLETED
9. Between lots 19/20 change manhole lid to sanitary LID IS OLD/ODD SIZE,
COMPLETED SOON AS POSSIBLE WHEN LID IS LOCATED. CITY INDICATED THEY
MAY HAVE ONE THIS SIZE.
10. Lot 23&24 water meter box turned backwards COMPLETED
11. SSMH STA 13-93 needs riser, in front of lot 23 COMPLETED
12. Lot 25 water box lid backwards COMPLETED
13. Chimney seal needed, existing manhole behind lot 31 COMPLETED
VIA E-MAIL ATTACHMENT
14. Suck out wet well COMPLETED.
15. Missing ¾ inch water service for lift station COMPLETED
16. Both pond inlets need safety grate COMPLETED
17. Invert needs to be regrouted, SSMH behind lot 36 COMPLETED
18. Fence around lift station COMPLETED BY 7/26/22
19. Abandoned 6” line from wet well headed northwest needs to be capped
COMPLETED
20. Fencing around the lift station needs to be installed per water and sewer specs
COMPLETED BY 7/26/22
21. Gravel road is eroding out to lift station. Provide solution to the problem. Will
be reinspected after 6 months and if problem persists a new solution will be
required and at the costs of the developer. Possibly asphalt drive and concrete
flume. COMPLETED.
22. A lot of record needs to be created around the lift station to be deeded to the
City of Fairhope. COMPLETED
23. Provide easement agreements for drainage easement across western adjacent
property and reflect the recorded instrument # for the agreement on the plat.
COMPLETED
24. Add general note that all common areas have a blanket drainage/utility
easement. COMPLETED
25. Revise general note 13, FFE shall be 15” not 18”. COMPLETED
26. Gazebo needs to be a “12’ X 12’ gazebo with gable roof, rough sawn timber,
posts, beams, & rafters, with metal roof” per the landscape plans. COMPLETED
27. There is a pavilion missing per the altered landscaping approved for the
requested lot shift of lots 38&39. COMPLETED BY 7/30/22
28. AS-BUILTS are not accurate. At minimum does not show the lot shift nor the
removal of lot 33 that was converted to common area. COMPLETED
29. The benches are missing from the common areas. As discussed due to the fear
of theft a condition of approval will allow them to be provided at a later time.
COMPLETED
The application is scheduled for Planning Commission consideration on Thursday, July
7, 2022. A response to this letter addressing all outstanding items is required no later than
3:00 PM on Wednesday, June 22, 2022. If the deadline passes with no response, the
application will be withheld from the agenda due to an incomplete application. Please
provide two (2) copies of the revised plans in 11x17 format, one (1) full size copy and
provide a digital copy in Adobe pdf format.
Please feel free to contact me at (251) 928-8003 Ext. 457 with questions.
Respectfully,
Mike Jeffries
City of Fairhope
Development Services Manager