Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09-07-2023 Planning Commission Agenda Packet
August 15, 2023 Planning Commission Minutes 1 The Planning Commission met Tuesday, August 15, 2023, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Jack Burrell; Clarice Hall-Black; Harry Kohler; John Worsham; Erik Cortinas, Building Official; Hunter Simmons, Planning and Zoning Manager; Mike Jeffries, Development Services Manager; Michelle Melton, City Planner; Chris Williams, City Attorney; and Cindy Beaudreau, Planning Clerk. Absent: Lee Turner, Hollie MacKellar, Rebecca Bryant Hunter Simmons, Planning and Zoning Director, explained that since the Chair and Co-Chair were absent, the Planning Commission Secretary would need to call the meeting to order. Secretary Beaudreau called the meeting to order at 5:02 PM. Chris Williams, City Attorney, explained that a quorum is present with the five members so the meeting may proceed and that any vote would require at least four of the five members. If an action were approved with a vote of 3-2, the action could not go forward since any vote requires at least four members. This will include the vote for the Chairperson. Mr. Simmons stated that due to the absence of the Chair and Co-Chair, a Chairperson would need to be elected. Eric Cortinas nominated John Worsham and Jack Burrell seconded that nomination. The vote was unanimous. Approval of the Minutes July 6, 2023: Jack Burrell made a motion to approve the minutes from the July 6, 2023, as amended. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: AYE: Jack Burrell; Clarice Hall-Black; Harry Kohler; John Worsham; Erik Cortinas NAY: None. Old/New Business: • SD 21.41 Aldi Subdivision – Request of FST Aldi, Inc. of Alabama, for a one-year extension for Preliminary Approval of Aldi Subdivision, a 5-unit Multiple Occupancy Project Summary: Hunter Simmons, Planning and Zoning Director, presented the request for a one-year extension for preliminary plat approval of Aldi Subdivision. The Aldi store is currently open and just needs a little longer to complete the preliminary plat. Staff supports this request. Motion: Jack Burrell made a motion to approve SD 21.41, a one-year extension for preliminary plat approval of Aldi Subdivision. Erik Cortinas seconded the motion and the motion carried unanimously with the following vote: August 15, 2023 Planning Commission Minutes 2 AYE: Jack Burrell; Clarice Hall-Black; Harry Kohler; John Worsham; Erik Cortinas NAY: None. Consideration of Agenda Items: UR 23.08 Request of Mediacom for an 11.52.11 Utility Review and approval of the proposed installation of approximately 3,078 LF of coaxial cable in the City ROW in the Tracery subdivision. Summary: Hunter Simmons, Planning and Zoning Director, explained that Mediacom is not in attendance and requested that UR 23.08, UR 23.11, and UR 23.12 be moved to the September 7, 2023, meeting. Motion: Jack Burrell made a motion to table UR 23.08, UR 23.11 and UR 23.12 to the September 7, 2023, Planning Commission meeting. Clarice Hall-Black seconded the motion and the motion carried unanimously with the following vote: AYE: Jack Burrell; Clarice Hall-Black; Harry Kohler; John Worsham; Erik Cortinas NAY: None. SD 23.23 Public hearing to consider the request of the Owners, Robert J. and Renee A. Writt, for approval of North Lot Subdivision, a 2-lot minor subdivision. The property is approximately .59 acres and is located on the northeast corner of N. Bayview St. and Blakeney Ave. PPIN # 14416 Summary: Mr. Simmons stated that this is a subdivision request that has certain requirements for this property. There has been some misunderstanding that the City is putting sidewalks in or requiring easements from every property owner in the neighborhood. There are no plans to install sidewalks and it would not be feasible for the City to require easements from property owners. This is a requirement when someone subdivides land and creates new lots. This request is a subdivision of land that has certain requirements within the Subdivision Regulations. When Staff began reviewing this request, there did not seem to be a need to install sidewalks on this property. The Subdivision Regulations state that the Planning Commission can waive that requirement but shall require an easement. The Planning Commission has been consistent with that action. Mr. Simmons wanted to clarify because there may have been some misunderstanding of what is happening with this request and reiterated that sidewalks are not being placed around the neighborhood. The Applicant, Mr. Writt flew in last week for the meeting. Since there was not a quorum, a decision was not able to be made and, in an effort, to accommodate Mr. Writt, who could not attend this week, his presentation will be shown from the video last week. Mike Jeffries, Development Services Manager, shared the aerial and zoning map of the property showing the property zoned as R-2 along with the surrounding properties being zoned R-2. The first waiver is a modification to the utility and drainage easements. Lieb Engineering provided a drainage study with the application. The second waiver is to not provide an easement for a sidewalk. Mr. Jeffries showed the site plan with the modified drainage easements. August 15, 2023 Planning Commission Minutes 3 Staff supports the drainage and utility easement waiver request with a note referencing this case SD 23.23 to ensure the drainage plan is further reviewed and followed at time of building permit. Staff does not support the sidewalk easement waiver but does support an easement in place of the sidewalk as permitted by the Subdivision Regulations. The Subdivision Regulations allow for the Planning Commission to allow for a 10’ sidewalk easement in lieu of installing sidewalks due to the absence of other sidewalks in the proximity of the subdivision. Staff recommends approval of SD 23.23 – 350 N. Bayview with the following conditions: 1. Planning Commission approval of the Drainage/Utility Easement modification waiver. 2. Adding a 10’ sidewalk pedestrian easement along the property lines adjacent to the ROW’s. 3. A solution to the fire flow is reached between the City and owner. 4. Add note to the plat “At time of permitting refer to Planning Commission Case SD 23.23 for drainage requirements”. Mr. Worsham asked if the waiver requests for the sidewalk could be divided into two waivers. Mr. Simmons stated that a waiver is not required to not require installation of the sidewalks. Mr. Simmons stated that prior to adding the waiver option, the Planning Commission spent a lot of time discussing installation of sidewalks. The legal requirements for getting that waiver oftentimes put sidewalks where we did not necessarily want them because the Applicant did not want to wait a month. The Subdivision Regulations were amended to save time by allowing the Planning Commission, without a legal waiver request, to make this decision. So, what is being asked today by Mr. Writt, is a waiver from the Subdivision Regulations from installing sidewalks or granting an easement. Mr. Jeffries shared five examples from 2019-2023, along the same area on Morphy Avenue where there were either a 10’ or 15’ sidewalk easements granted and even a 15’ pedestrian easement where the sidewalks were required to be installed. Mr. Worsham asked for confirmation that the Mr. Writt has a choice to either install the sidewalks or put in an easement. Mr. Simmons stated that, most of the time, the applicant will provide an easement so there is no discussion with the Planning Commission. Staff may add this as a condition of approval. Mr. Jeffries stated that a general comment is added to the plat that an easement has been added in lieu of installation of sidewalks. A video presentation by Mr. Writt was played from 5:18pm through 5:36pm. Mr. Worsham asked if there was a legal representative present on behalf of Mr. Writt. There was no one attending on behalf of Mr. Writt. Chairman Worsham opened the public hearing at 5:37pm. Chris Knight at 50 N. Bayview Street stated that he has been a resident of the Bluff neighborhood for about 12 years. He believes that the existing rights-of-way are adequate to install a sidewalk if there were ever a need for a sidewalk, being the property of the City and would meet the sidewalk requirement. If sidewalks were ever to be built in the neighborhood, Mr. Knight believes that the sidewalks would be August 15, 2023 Planning Commission Minutes 4 built on the west side of Bayview Street since the City owns all the property and it is a park with plenty of room for sidewalks. It would be silly to build sidewalks on the east side of a totally developed neighborhood. Mr. Knight asked that the waiver be granted. The public hearing was closed at 5:40pm. Mr. Burrell stated that there is no requirement to build a sidewalk. He agrees that there is plenty of room to build the sidewalks in the right-of-way, but the easement should be granted to keep a precedent from being set. Mr. Burrell asked Mr. Simmons and Mr. Williams for the repercussions of not granting the easement. Mr. Simmons stated that Staff is reviewing a project where the right-of-way may have changed, and Staff wishes an easement had been granted. With all the technology that is being installed in the right-of-way now, future Staff may need easements on properties. Mr. Williams stated that the Subdivision Regulations require installation of sidewalks. The exception was created so that, where sidewalks did not make sense, the property owner shall be required to grant an easement. If the Subdivision Regulations said may rather than shall, the Planning Commission would have some discretion. A waiver requires an extraordinary hardship. It is up to the Planning Commission to decide that having Mr. Writt put the easement on a piece of paper, when a sidewalk may never be installed, is an extraordinary hardship. Erik Cortinas stated that this easement has no impact on Mr. Writt’s ability to build and no impact on the aesthetics of the house that will be built. The area will remain greenspace but does allow for latitude in the future to make some adjustments and changes, if necessary. Mr. Cortinas reiterated that there were areas where he wished that the City had easements just for flexibility down the road to do something if it needs to be done. Mr. Cortinas has spoken multiple times with Mr. Writt and does not understand the argument against the easement because it has no practical effect on what will be built. It is there just in case. Mr. Cortinas also spoke about evenly enforcing the regulations and being consistent helps in legal cases since you do not have to think back to what occurred, you know what occurred. From his standpoint, with the rapid redevelopment of subdivisions, around town, there is no way to know what Fairhope will look like in 30 years. There is no way to know what future Planning Commissions and Staff will have to deal with. Mr. Cortinas does not want to make things more difficult for Mr. Writt and in his opinion, this is not making it more difficult. Mr. Worsham stated that had Mr. Writt decided not to subdivide this property, which triggered the Subdivision Regulations, we would not even be here. There would never be an easement, never be a sidewalk. Mr. Writt triggered this action when he decided to subdivide his property. Mr. Kohler asked why the sidewalk easement could not be inside the drainage easement. Mr. Simmons replied that the drainage easement is a separate issue and per the Subdivision Regulations, a property owner is allowed, if they choose, to hire an Engineer to figure out an exacting drainage plan to request a reduced drainage easement. If they choose not to do that, we use the term “halo easement”, a drainage easement, around all property lines. Many times, on a plat, the sidewalks will be in the same space. It may be called a public access, utility, and drainage easement. Mr. Writt is putting drainage improvements in the rights-of-way, so there is not a drainage easement there and Staff supports the waiver for the drainage easement. The sidewalk easement is 10’ inside of the property line. Every rights- of-way is different. Streets are the paved surface; rights-of-way are the City owned property and easements are access easements for utility access and drainage that reside on the private property. August 15, 2023 Planning Commission Minutes 5 Mr. Burrell stated that he was confused in the past and did not realize there was so much City property from the edge of the road to the property line. Mr. Burrell also stated that he would fight to keep the sidewalks in the right-of-way in the Bluff neighborhood. The easement does not preclude the City from placing the sidewalks in the right-of-way. Mr. Simmons stated that it would be a public process to installation of sidewalks of this scale. The City typically wants sidewalks in rights-of-way, not easements. There are instances, though, where the City runs into situations where the sidewalk needs to be curved around a tree. Mr. Williams stated that if a sidewalk were installed in the right-of-way, Mr. Writt could ask the City to release or extinguish the easement since it was no longer needed. Motion: Jack Burrell made a motion to approve the modified drainage and utility easement waiver. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: AYE: John Worsham, Clarice Hall-Black, Jack Burrell, Harry Kohler and Erik Cortinas. NAY: None. Motion: Erik Cortinas made a motion to deny the sidewalk easement waiver. Clarice Hall-Black seconded the motion and the motion carried unanimously with the following vote: AYE: John Worsham, Clarice Hall-Black, Jack Burrell, Harry Kohler and Erik Cortinas. NAY: None. Motion: Jack Burrell made a motion to approve case SD 23.23 with conditions #2-4, modifying #2 to read “Adding a 10’ sidewalk pedestrian easement along the property lines adjacent to the ROW’s in lieu of installing sidewalks”. Clarice Hall-Black seconded the motion and the motion carried unanimously with the following vote: AYE: John Worsham, Clarice Hall-Black, Jack Burrell, Harry Kohler and Erik Cortinas. NAY: None. ZC 23.03 Public hearing to consider the request from the City of Fairhope Planning and Zoning Department, for various proposed amendments to the City of Fairhope’s Zoning Ordinance. Summary: Mr. Simmons presented page 22 of the Zoning Ordinance relating to covered walkways. The proposed language will clarify that a breezeway is no wider than eight feet, is not enclosed and is not heated or air cooled. It shall be perpendicularly attached to the principal structure and shall fall within the required side setbacks for the principal structure. Mr. Simmons shared an example of a recent breezeway that had been enclosed and had become a closed in part of the home. August 15, 2023 Planning Commission Minutes 6 Clarification was added to the swimming pool section proposing that swimming pools shall not count against the maximum total lot coverage by accessory structures in Table 3-3. Mr. Simmons shared an example of a swimming pool that has been required to be placed to the rear of the principal structure and where a pool can be located with the proposed language. The proposed language would allow a residence to accommodate a pool and an accessory structure. Proposed language for accessory structure lighting would state that the lighting shall be constructed to direct the beam below the horizontal plane of the fixture and shall reflect away from any abutting property. Said fixtures may not extend higher than 10 feet. Proposed language for corner lots included setbacks. The proposed language states that accessory structures and pools, some of which may be 5 feet from adjacent property line, align with the front setback of the neighboring property, and naturally changes with the adjacent front setback. For example, if adjacent property had a variance to reduce the front setback, accessory structure may align with “new” front setback. Page 35 of the Zoning Ordinance is proposed to be modified to ensure consistence with the Tree Ordinance. Proposed language for fencing and/or walls states that fences and/or walls constructed at or near property lines shall not disturb neighboring properties without the express written consent of the affecting neighboring property owner. Also proposed is that any fence and/or walls forward of the front building line, or located in a Street Side Yard, shall not be higher than 4 feet. Alternative language to consider is, during construction of walls/fences at or near property lines, construction activities shall not physically disturb adjacent properties without the express written consent of the affected property owner. Mr. Simmons explained the options to the Planning Commission regarding these changes. The Planning Commission could recommend approval to the City Council. The Planning Commission could recommend approval with changes to the City Council. The Planning Commission can deny the changes. The Planning Commission can ask staff to go back to the drawing board and come back in September with explicit language and any changes that are made. The Planning Commission can tell staff to scrap some of it and bring back the rest. Mr. Cortinas explained that the 10’ measurement for pools speak to 10’ from the aquatic vessel not from the edge of the deck. Mr. Simmons confirmed Mr. Cortinas’s statement. Mr. Burrell suggested adding language for the 10’ measurement stating that it is 10’ as measured from any water line within the vessel. Mr. Burrell suggested changing language regarding breezeways that it must be open on two sides. Mr. Cortinas suggested removing the words “contains no more than two walls”. Mr. Cortinas asked about the lighting. He asked if shielding the light was permissible. Mr. Simmons stated that the lighting amendment may not be ready to send to the City Council at this time. August 15, 2023 Planning Commission Minutes 7 Mr. Worsham opened the public hearing at 6:20pm with no one present to speak, closed the public hearing at 6:20pm. Motion: Clarice Hall-Black made a motion to recommend ZC 23.03 to the City Council removing the lighting amendment, defining the measurements of an aquatic vessel, and the breezeway revision. Erik Cortinas seconded the motion and the motion carried unanimously with the following vote: AYE: John Worsham, Clarice Hall-Black, Jack Burrell, Harry Kohler and Erik Cortinas. NAY: None. Adjournment Jack Burrell made a motion to adjourn. AYE: John Worsham, Clarice Hall-Black, Jack Burrell, Harry Kohler and Erik Cortinas. NAY: None. Adjourned at 6:25pm. _______________________ ________________________ Lee Turner, Chairman Cindy Beaudreau, 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. ORNATE AVEORNATE AVE City of FairhopePlanning Commission September 7, 2023 ¯ORNATE AVEORNATE AVE UR 23.08 - Mediacom Coaxial Cable Installation Legend Roads UR23_08Mediacom Parcels Corporate LimitsZoning Classification R-2 - Medium Density Single-Family Planning Jurisdiction ^ Project Name: Mediacom Coaxial Cable InstallationSite Data: 3,078 Linear FootProject Type: Mediacom Coaxial Cable InstallationJurisdiction: Fairhope Planning JurisdictionZoning District: R-2PPIN Number: N/AGeneral Location: Tracery SubdivisionSurveyor of Record: MediacomEngineer of Record: MediacomOwner / Developer: MediacomSchool District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ConditionsPrepared by: Chris Ambron µ µ 2 UR 23.08 Mediacom – September 7, 2023 Summary of Request: Request of Mediacom for an 11.52.11 Utility Review and approval of the proposed installation of approximately 3,078 linear feet of coaxial cable along routes outlined on the below location map. 4 UR 23.08 Mediacom – September 7, 2023 1.Citizen Communication & Notification •Provide Door Hangers at preconstruction meetings which shall be approved prior to distribution and work. •Use of portable A-frame style signage at the entrance and exit of work sites. •Applicant shall dedicate a Point of Contact to answer citizens questions. 2.Permitting, Locating & Phasing •Subsurface Utility Engineering may be required for sensitive locations within the city as required by the ROW supervisor. •An additional right-of-way permit may be required for the potholing procedures needed for SUE. •A traffic control plan shall be submitted with all permits that affect the flow of traffic. •No work shall begin until a ROW permit is issued by the City of Fairhope Building Department. Permit not valid until approved and paid for on Citizen Serve online portal. •The City’s ROW inspector is to be notified 24 hours prior to any activity within the ROW. The prior notice applied to all activity within the ROW including but not limited to trenching, boring, concrete placement. •Hand holes/boxes shall not be allowed to be installed in sidewalks. The applicant shall review the sidewalk plan to determine if there are any conflicts. The applicant shall coordinate with the ROW inspector to resolve any conflicts. •The applicant shall contact Alabama One Call 811 to locate all existing utilities in the ROW (750 LF maximum daily allocation for COF utility locates per day). •A phasing plan must be submitted with the permit to alleviate confusion for locating. •A pre-construction meeting shall be held with the City prior to issuance of any permits. 3.Construction •A minimum horizontal clearance (separation) of 36” must be maintained from water, sewer, gas, stormwater, and other city utility infrastructure. •A minimum depth for all telecommunication lines shall be 30”. •Conduit shall match the 811-color code for communication, electric, gas etc. No blue/blue striped conduit is to be used for telecommunications. •The contractor responsible for *excavating inside right of way will be required to provide video documentation of the integrity of any sanitary sewer line (including laterals) within 3 feet of work being performed. This can be videoed prior to work being performed if locations, including depths, are clearly established by contractor, and said work is not within 3 ft of sewer mains or laterals within right of way. This does not apply to laterals on private property not “publicly maintained” (Private infrastructure). •Water, sewer, and gas mains/services must be potholed prior to bore/missile crossings. If street cuts are necessary please contact Right of Way inspector for restoration. •If sidewalk panels need to be removed, the subgrade must be compacted to the satisfaction of the ROW inspector. Cold patch asphalt shall be used as a temporary walking surface until the permanent repair can be done. •Sidewalk panels shall be a minimum of 4000 psi and be inspected within 24 hours of pouring concrete. Anything over one sidewalk panel shall be poured via concrete truck (no bag mix allowed). 5 UR 23.08 Mediacom – September 7, 2023 4.Horticultural •Handholes shall not be located within driplines of trees within City property, to include the right of ways, without explicit written permission from the City Horticulturalist. •Any proposed trenching shall not be within the dripline of trees. •If within tree dripline, consult the City of Fairhope Horticulturist prior to earth work. •Trees shall not be negatively impacted. •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. •Any work done within the critical root zone shall be done to meet or exceed Internal Society Arboriculture (ISA) standards. •All roots to be removed shall be severed cleanly at the perimeter of the protected radius. •Protective barriers shall be used for all trees, barricades shall be erected a minimum of 20’ from the trunk. 5.Erosion Control •Any ROW cuts shall be stabilized (covered) at the end of each day & disturbed areas shall be re-vegetated with sod within ten (10) days of completion of the project. Sod shall be watered to ensure survival. •Any excess soil shall be removed and disposed of properly. Dumping on private property without approval will not be tolerated. •Mulch / seed shall only be acceptable as temporary cover. •Inlets shall be protected. BMPs shall be placed at all affected storm inlets. •If the site is within 100' of a critical area (wetland, etc.), red soil/clay shall not be allowed as fill material, per the City’s Red Clay/Soil Ordinance. •BMPs shall be installed at boring sites and trench locations. •Ground conditions in the ROW’s shall be returned to original preconstruction condition(s) or better. •No open trenches shall be allowed. Directional boring shall be used in sensitive areas, such as under roads, in proximity to trees, on finished lots, etc. • 6.Project Completion, Punch List Walk, & As Built •The applicant shall provide as-built drawings of all installed lines depicting depths. •Damage to any City’s infrastructure (storm, sewer, water, ditches etc. shall be the responsibility of the permittee to repair to city standards at no cost to the city. •Any damage that occurs needs to be reported to the city as soon as possible. •Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and to allow vehicles to exit the roadway during an emergency. 6 UR 23.08 Mediacom – September 7, 2023 7.Staff Recommendation •The proposed utility construction falls within the corporate limits of the City of Fairhope. Any portions of the project affecting public right-of-way (ROW) maintained by Baldwin County or the Alabama Department of Transportation (ALDOT) shall require permits through the respective agency. •This site shall comply with all State, Federal and local requirements, including, but not limited to the following City of Fairhope Ordinances: i.City of Fairhope Wetland Ordinance (#1370), which regulates activity within 20' of wetlands. ii.City of Fairhope Red Soil & Clay Ordinance (#1423), which prohibits the use of red soil / clay within 100' of critical areas. iii.City of Fairhope Erosion and Sediment Control Ordinance (#1398). iv.Chapter 19 Article VI: ROW Construction and Administration, Ordinance (#1754) v.City of Fairhope Tree and Landscape Ordinance (#1444) •Staff Recommendation: Approval with conditions of UR 23.08 CALIBRE S T NORTHSTATIONDRBLUEBERRY LNORNATEAVECANYON DR City of FairhopePlanning Commission September 7, 2023 ¯NORTHSTATION DRCALIBRE ST CANYON DR BLUEBERRY LNUR 23.11 Mediacom Riverhorse Legend Proposed Work Area Roads Parcel Corporate Limits Zoning Classification R-1 - Low Density Single-Family R-2 - Medium Density Single-Family Planning Jurisdiction ^ Project Name: Mediacom RiverhorseSite Data: 3,369 Linear FootageProject Type: Coaxial Cable InstallationJurisdiction: Fairhope Planning JurisdictionZoning District: R-2PPIN Number: N/AGeneral Location: East of Blueberry Lane & North of Northstation Subdivsion, Calibre StreetSurveyor of Record: MediacomEngineer of Record: MediacomOwner / Developer: MediacomSchool District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ ConditionsPrepared by: Chris Ambron µ µ 2 UR 23.11 Mediacom – September 7, 2023 Summary of Request: Request of Mediacom for an 11.52.11 Utility Review and approval of the proposed installation of approximately 3,369 linear feet of coaxial cable along routes outlined on the below location map. 3 UR 23.11 Mediacom – September 7, 2023 1.Citizen Communication & Notification •Provide Door Hangers at preconstruction meetings which shall be approved prior to distribution and work. •Use of portable A-frame style signage at the entrance and exit of work sites. •Applicant shall dedicate a Point of Contact to answer citizens questions. 2.Permitting, Locating & Phasing •Subsurface Utility Engineering may be required for sensitive locations within the city as required by the ROW supervisor. •An additional right-of-way permit may be required for the potholing procedures needed for SUE. •A traffic control plan shall be submitted with all permits that affect the flow of traffic. •No work shall begin until a ROW permit is issued by the City of Fairhope Building Department. Permit not valid until approved and paid for on Citizen Serve online portal. •The City’s ROW inspector is to be notified 24 hours prior to any activity within the ROW. The prior notice applied to all activity within the ROW including but not limited to trenching, boring, concrete placement. •Hand holes/boxes shall not be allowed to be installed in sidewalks. The applicant shall review the sidewalk plan to determine if there are any conflicts. The applicant shall coordinate with the ROW inspector to resolve any conflicts. •The applicant shall contact Alabama One Call 811 to locate all existing utilities in the ROW (750 LF maximum daily allocation for COF utility locates per day). •A phasing plan must be submitted with the permit to alleviate confusion for locating. •A pre-construction meeting shall be held with the City prior to issuance of any permits. 3.Construction •A minimum horizontal clearance (separation) of 36” must be maintained from water, sewer, gas, stormwater, and other city utility infrastructure. •A minimum depth for all telecommunication lines shall be 30”. •Conduit shall match the 811-color code for communication, electric, gas etc. No blue/blue striped conduit is to be used for telecommunications. •The contractor responsible for *excavating inside right of way will be required to provide video documentation of the integrity of any sanitary sewer line (including laterals) within 3 feet of work being performed. This can be videoed prior to work being performed if locations, including depths, are clearly established by contractor, and said work is not within 3 ft of sewer mains or laterals within right of way. This does not apply to laterals on private property not “publicly maintained” (Private infrastructure). •Water, sewer, and gas mains/services must be potholed prior to bore/missile crossings. If street cuts are necessary please contact Right of Way inspector for restoration. •If sidewalk panels need to be removed, the subgrade must be compacted to the satisfaction of the ROW inspector. Cold patch asphalt shall be used as a temporary walking surface until the permanent repair can be done. •Sidewalk panels shall be a minimum of 4000 psi and be inspected within 24 hours of pouring concrete. Anything over one sidewalk panel shall be poured via concrete truck (no bag mix allowed). 4 UR 23.11 Mediacom – September 7, 2023 4.Horticultural •Handholes shall not be located within driplines of trees within City property, to include the right of ways, without explicit written permission from the City Horticulturalist. •Any proposed trenching shall not be within the dripline of trees. •If within tree dripline, consult the City of Fairhope Horticulturist prior to earth work. •Trees shall not be negatively impacted. •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. •Any work done within the critical root zone shall be done to meet or exceed Internal Society Arboriculture (ISA) standards. •All roots to be removed shall be severed cleanly at the perimeter of the protected radius. •Protective barriers shall be used for all trees, barricades shall be erected a minimum of 20’ from the trunk. 5.Erosion Control •Any ROW cuts shall be stabilized (covered) at the end of each day & disturbed areas shall be re-vegetated with sod within ten (10) days of completion of the project. Sod shall be watered to ensure survival. •Any excess soil shall be removed and disposed of properly. Dumping on private property without approval will not be tolerated. •Mulch / seed shall only be acceptable as temporary cover. •Inlets shall be protected. BMPs shall be placed at all affected storm inlets. •If the site is within 100' of a critical area (wetland, etc.), red soil/clay shall not be allowed as fill material, per the City’s Red Clay/Soil Ordinance. •BMPs shall be installed at boring sites and trench locations. •Ground conditions in the ROW’s shall be returned to original preconstruction condition(s) or better. •No open trenches shall be allowed. Directional boring shall be used in sensitive areas, such as under roads, in proximity to trees, on finished lots, etc. • 6.Project Completion, Punch List Walk, & As Built •The applicant shall provide as-built drawings of all installed lines depicting depths. •Damage to any City’s infrastructure (storm, sewer, water, ditches etc. shall be the responsibility of the permittee to repair to city standards at no cost to the city. •Any damage that occurs needs to be reported to the city as soon as possible. •Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and to allow vehicles to exit the roadway during an emergency. 5 UR 23.11 Mediacom – September 7, 2023 7.Staff Recommendation •The proposed utility construction falls within the corporate limits of the City of Fairhope. Any portions of the project affecting public right-of-way (ROW) maintained by Baldwin County or the Alabama Department of Transportation (ALDOT) shall require permits through the respective agency. •This site shall comply with all State, Federal and local requirements, including, but not limited to the following City of Fairhope Ordinances: i.City of Fairhope Wetland Ordinance (#1370), which regulates activity within 20' of wetlands. ii.City of Fairhope Red Soil & Clay Ordinance (#1423), which prohibits the use of red soil / clay within 100' of critical areas. iii.City of Fairhope Erosion and Sediment Control Ordinance (#1398). iv.Chapter 19 Article VI: ROW Construction and Administration, Ordinance (1754) v.City of Fairhope Tree and Landscape Ordinance (#1444) •Staff Recommendation: Approval with Conditions of UR 23.11 SIBLEY C IR WILD OAKS RD CROSSOVER P A R K E R R DVIALETRENTINOVIALEBELLEZZACLEARWATER C IR U S HWY 98HILLWOOD RDU S HWY 98LORIS WAY TREADSTONEWAYROCKCREEKDRVIA M A R I A PEARLY GHASKIN DRVIALETRENTI NOVIALE BELLEZZAVIALEBE L L E Z Z A City of FairhopePlanning Commission September 7, 2023 ¯SIBLEY C IR P A R K E R R D U S HWY 98U S HWY 98CROSSOVERVIALETRENTINO WILD OAKS RD V I A L E BELLEZZACLEARWATER C IR LORIS WAY VIA M A R I A PEARLY GHASKIN DRVIALE TRENT INO VIALE BELLEZZAVIALEBELLEZZAVIALETRENTINOUR 23.12 Mediacom Trentino Legend Proposed Work Area Roads Parcel Corporate LimitsZoning Classification B-2 - General Business District B-4 - Business and Professional District PUD - Planned Unit Development R-1 - Low Density Single-Family Planning Jurisdiction ^ Project Name: Mediacom TrentinoSite Data: 4,495 Linear FootageProject Type: Coaxial Cable InstallationJurisdiction: Fairhope Planning JurisdictionZoning District: PUDPPIN Number: N/AGeneral Location: North of Parker Road, West of U.S. Highway 98Surveyor of Record: MediacomEngineer of Record: MediacomOwner / Developer: MediacomSchool District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ ConditionsPrepared by: Chris Ambron µ µ 2 UR 23.12 Mediacom – September 7, 2023 Summary of Request: Request of Mediacom for an 11.52.11 Utility Review and approval of the proposed installation of approximately 4,495 linear feet of coaxial cable along routes outlined on the below location map. 3 UR 23.12 Mediacom – September 7, 2023 1.Citizen Communication & Notification •Provide Door Hangers at preconstruction meetings which shall be approved prior to distribution and work. •Use of portable A-frame style signage at the entrance and exit of work sites. •Applicant shall dedicate a Point of Contact to answer citizens questions. 2.Permitting, Locating & Phasing •Subsurface Utility Engineering may be required for sensitive locations within the city as required by the ROW supervisor. •An additional right-of-way permit may be required for the potholing procedures needed for SUE. •A traffic control plan shall be submitted with all permits that affect the flow of traffic. •No work shall begin until a ROW permit is issued by the City of Fairhope Building Department. Permit not valid until approved and paid for on Citizen Serve online portal. •The City’s ROW inspector is to be notified 24 hours prior to any activity within the ROW. The prior notice applied to all activity within the ROW including but not limited to trenching, boring, concrete placement. •Hand holes/boxes shall not be allowed to be installed in sidewalks. The applicant shall review the sidewalk plan to determine if there are any conflicts. The applicant shall coordinate with the ROW inspector to resolve any conflicts. •The applicant shall contact Alabama One Call 811 to locate all existing utilities in the ROW (750 LF maximum daily allocation for COF utility locates per day). •A phasing plan must be submitted with the permit to alleviate confusion for locating. •A pre-construction meeting shall be held with the City prior to issuance of any permits. 3.Construction •A minimum horizontal clearance (separation) of 36” must be maintained from water, sewer, gas, stormwater, and other city utility infrastructure. •A minimum depth for all telecommunication lines shall be 30”. •Conduit shall match the 811-color code for communication, electric, gas etc. No blue/blue striped conduit is to be used for telecommunications. •The contractor responsible for *excavating inside right of way will be required to provide video documentation of the integrity of any sanitary sewer line (including laterals) within 3 feet of work being performed. This can be videoed prior to work being performed if locations, including depths, are clearly established by contractor, and said work is not within 3 ft of sewer mains or laterals within right of way. This does not apply to laterals on private property not “publicly maintained” (Private infrastructure). •Water, sewer, and gas mains/services must be potholed prior to bore/missile crossings. If street cuts are necessary please contact Right of Way inspector for restoration. •If sidewalk panels need to be removed, the subgrade must be compacted to the satisfaction of the ROW inspector. Cold patch asphalt shall be used as a temporary walking surface until the permanent repair can be done. •Sidewalk panels shall be a minimum of 4000 psi and be inspected within 24 hours of pouring concrete. Anything over one sidewalk panel shall be poured via concrete truck (no bag mix allowed). 4 UR 23.12 Mediacom – September 7, 2023 4.Horticultural •Handholes shall not be located within driplines of trees within City property, to include the right of ways, without explicit written permission from the City Horticulturalist. •Any proposed trenching shall not be within the dripline of trees. •If within tree dripline, consult the City of Fairhope Horticulturist prior to earth work. •Trees shall not be negatively impacted. •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. •Any work done within the critical root zone shall be done to meet or exceed Internal Society Arboriculture (ISA) standards. •All roots to be removed shall be severed cleanly at the perimeter of the protected radius. •Protective barriers shall be used for all trees, barricades shall be erected a minimum of 20’ from the trunk. 5.Erosion Control •Any ROW cuts shall be stabilized (covered) at the end of each day & disturbed areas shall be re-vegetated with sod within ten (10) days of completion of the project. Sod shall be watered to ensure survival. •Any excess soil shall be removed and disposed of properly. Dumping on private property without approval will not be tolerated. •Mulch / seed shall only be acceptable as temporary cover. •Inlets shall be protected. BMPs shall be placed at all affected storm inlets. •If the site is within 100' of a critical area (wetland, etc.), red soil/clay shall not be allowed as fill material, per the City’s Red Clay/Soil Ordinance. •BMPs shall be installed at boring sites and trench locations. •Ground conditions in the ROW’s shall be returned to original preconstruction condition(s) or better. •No open trenches shall be allowed. Directional boring shall be used in sensitive areas, such as under roads, in proximity to trees, on finished lots, etc. • 6.Project Completion, Punch List Walk, & As Built •The applicant shall provide as-built drawings of all installed lines depicting depths. •Damage to any City’s infrastructure (storm, sewer, water, ditches etc. shall be the responsibility of the permittee to repair to city standards at no cost to the city. •Any damage that occurs needs to be reported to the city as soon as possible. •Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and to allow vehicles to exit the roadway during an emergency. 5 UR 23.12 Mediacom – September 7, 2023 7.Staff Recommendation •The proposed utility construction falls within the corporate limits of the City of Fairhope. Any portions of the project affecting public right-of-way (ROW) maintained by Baldwin County or the Alabama Department of Transportation (ALDOT) shall require permits through the respective agency. •This site shall comply with all State, Federal and local requirements, including, but not limited to the following City of Fairhope Ordinances: i.City of Fairhope Wetland Ordinance (#1370), which regulates activity within 20' of wetlands. ii.City of Fairhope Red Soil & Clay Ordinance (#1423), which prohibits the use of red soil / clay within 100' of critical areas. iii.City of Fairhope Erosion and Sediment Control Ordinance (#1398). iv.Chapter 19 Article VI: ROW Construction and Administration, Ordinance (1754) v.City of Fairhope Tree and Landscape Ordinance (#1444) •Staff Recommendation: Approval with Conditions of UR 23.12 WILDA CT COLTONLNNIX LN STATE HWY 181City of FairhopePlanning Commission September 7, 2023 ¯STATE HWY 181SD 23.17 - Laurelbrooke Phase 1 Legend Roads Parcels Planning Jurisdiction ^ Project Name: Laurelbrook Phase 1Site Data: 59.72 acresProject Type: Final Plat ApprovalJurisdiction: Fairhope Planning JurisdictionZoning District: Baldwin County RSF-2PPIN Number: 34129General Location: East side of State Highway 181 and North of County Road 24Surveyor of Record: DewberryEngineer of Record: DewberryOwner / Developer: DR Horton Inc-BirminghamSchool District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Prepared by: µ µ Mike Jeffries Approval with Conditions 1 SD 23.17 Laurelbrooke, Phase One – September 7, 2023 Summary of Request: The owner is DR Horton, Inc. - Birmingham. The engineer and applicant is Dewberry Engineers. This application is for Phase 1 of a 51-lot subdivision located on the east side of State Highway 181 and north of County Road 24. The subject property is outside the City of Fairhope municipal limits. The property received a Village Subdivision approval (SD 20.43) on September 10, 2020, and the preliminary plat (SD 20.52) was approved at the February 1, 2021, Planning Commission meeting. A 12-month extension was granted at the January 5, 2023, Planning Commission meeting. Excerpts of the site data table is included below: Comments: - The construction of Phase 2 of Laurelbrooke is happening simultaneously and nearing completion. - Baldwin EMC, the electrical provider, will not provide power until after Final Plat. o Aerators will be connected after Final Plat. - The Lift Station pumps did not meet required City Specifications. The new pumps have been ordered and approved by Fairhope Utilities. Once installed City of Fairhope Utilities will inspect and test for compliance. The expected installation date is approximately 2 weeks. - A mulch nature trail has been provided throughout the common areas as shown on the landscape plans. Additionally, the applicant has provided a detail of the trail and maintenance plan for these trails which has been included in the Operations and Maintenance plan that will be recorded. o Currently trail has trees/limbs across trail path and needs vegetation removed from trail. - Part of the City’s utility acceptance will include the lift station. The property around the lift station must be a lot that can be deeded over to the City of Fairhope. - The accidental removal of the 75” live oak that was going to be the tree house and focal point of the development was discussed at a previous Planning Commission. In short, the tree committee recommended the planting of one 10” live oak and 25 additional smaller oaks. - The site is 90% vegetated. An area of common area originally proposed to be undisturbed was inadvertently cleared. Included in the staff packet is the proposed mitigation of additional trees and shrubs planted in the common area designed to match existing vegetation. Sod was also laid for final stabilization. o Planning Commission may wish to have this work bonded similar to the bonding of the utilities and roads. 2 SD 23.17 Laurelbrooke, Phase One – September 7, 2023 - Landscaping/Screening needs to be added around the northwestern retention pond. Preliminary plans showed this area as undisturbed, common area, and shown to be cleared. The Master Plan Rendering showed it to have a stream flowing through it. Now built, it is clearly a retention pond utilized during rain events. o A synthetic mat has been installed, hydroseeded applied, has growth, and is stabilized. - Invoices provided for: o Street lights o Exercise/Fitness/Play equipment o Fish to stock pond (Will be stocked approximately 7 days after the aerator has been operational) Punch List: - City of Fairhope Utilities will inspect and test the lift station for compliance. - Aerators are installed but will not have power until after Final Plat. Baldwin EMC will not provide power until after Final Plat. Confirmation they are operating will occur at that time. - Landscaping/screening added around retention pond to be approved by Planning Director. - Maintain trail per the provided Maintenance Plan. - Add General Note that there is a blanket utility and drainage easement over all common areas. - The “Lift Station Parcel” needs to be a numbered lot to be deeded to the City of Fairhope. - Confirmation from ALDOT all improvements in ALDOT ROW are completed to their satisfaction. 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; • Not Applicable b. The proposed subdivision is not consistent with the City’s Comprehensive Plan or any other plan or program for the physical development of the City including but not limited to a Master Street Plan, a Parks Plan, a Bicycle Plan, a Pedestrian Plan, or the Capital Improvements Program; • Meets c. The proposed subdivision is not consistent with these Regulations; • Meets d. The proposed subdivision is not consistent with other applicable state or federal laws and regulations; • Meets e. The proposed subdivision otherwise endangers the health, safety, welfare or property within the planning jurisdiction of the City.” • Meets Follow‐Up Activities Required by Staff and the Applicant: • Copy of the recorded plat • Copy of the recorded O&M Agreement • Maintenance and Guaranty (M&G) Agreement executed by the developer – this document is not considered fully executed until the Mayor signs said agreement. o Remember to include the instrument # from the recorded plat o Please include 30 days in paragraph 3 3 SD 23.17 Laurelbrooke, Phase One – September 7, 2023 Recommendation: Staff recommends Conditional Approval of SD 23.17 Laurelbrooke, Phase 1 final plat with the following conditions: 1. Completion of the Punch List items listed above. 2. Completion of the Follow-Up Activities listed above. 3. Secure tree house until slide and other missing items are installed. 4. Solution for Landscape Mitigation and Maintenance. CURVE RADIUS ARC LE NGlli CHORD BEARI NG CHORD LENG TH C2 630.00 43.74 506.56 32 E 43.73 C3 630.00 58.62 1S1 1"3549 E 58.60 C4 630.00 58.64 IN16"55 45"W 58.62 cs 630.00 58.66 1 48 E 58.64 C6 630.00 58.65 51 W 58.63 C7 630.00 58.65 53 W 58.63 CB 630.00 58.61 48 W 58.59 C9 630.00 65.70 58 E 65.67 ~-56 .25 g:~ ~ 56.17 56.19 1g:~ ~ . 59.68 59 .40 C48 330.00 155.73 C65 470.00 80 .02 C66 470 .00 80.03 C10 630.00 50.05 N4 9"1046 W 50.04 C67 470 .00 80.00 C11 630.00 58.53 554"07 02 E 58.51 C68 470.00' 80.11° C12 630.00 58.51 N59"26 21 W 58.49 C69 470.00 86 .63 C13 630.00 58.52 N6 4'45 38nW 58.50 C74 770.00 68 .46 C14 630.00 58.55 570"05 02 E 58.53 C75 770.00 71.65 C15 630.00 58.58 575"24 36 E 58.56 C76 770.00 71.68 C16 630.00 58.59 17 W 58.57 C77 770.00 71.69 C17 630.00' 58.62' ·os·w 58.60 ' C78 770.00 71.68 C18 630.00 18.44 4 20 E 18.44 C79 770.00 10.06 C19 530.00 33.37 70TE 33.37 C80 770.00' 62 .67 ' C20 530.00 58.11 025 W 58.08 CBI 770.00 71 .56 C21 470.00 82 .07 513 W 81.96 C82 770.00 71.60 C22 470.00 13 .67 5 21 E 13.67 C83 770.00 71.61 C23 570.00 52 .12 729 W 52 .10 C84 770.00' 71.65' C24 570.00 76 .00 1 08 E 75.94 C85 770.00 22.54 C25 570.00' 76.00' 2'46"E 75.94 ' C86 670.00 42 .19 C26 570.00 76.00 566"0 4 24 E 75.94 C87 670.00 73 .46 C27 570.00 103.7 3 557"0225 E 103.59 C88 330.00 59 .1 1 C28 570.00 50.24 549"18 OB E 50.22 C89 330.00 9.60 C29 570.00 74.88 S43"00 51 E 74.82 C91 430.00 57 .33 C30 570.00 76.00 S35"25 52 E 75.94 C92 430.00 67.28 C31 570.00 76.00 52 7"4 7 30 E 75.94 C93 369.39 70 .98 C32 570.00 76 .00 520"09 OB E 75.94 C101 970.00 66.97 C33 570.00 89.19 511·5" 89 .09 C34 570.00 51.72 5·,-• 51.70 C35 270.00 76.83 s , w 76.57 C38 330.00 40.82 s,, 50 W 40.79 C102 970.00 38 .56 C112 1470.00 25.91 C113 1470.00' 65.47 ' C114 1470.00 65.91 C42 270.00 IDB.DO N25·35 35 E 107.28 C115 1470.00 65.91 C43 270.00 108.00 S48'30 41 W 107.28 C116 1470.00 65 .91 C44 270.00 228. 75 S84"1431 W 221.97 C117 1470.00 63.22 C45 1030.00 226.63 N77 '47 25"W 226.18 C118 1030.00 2.23 C48 330.00 147.48 N70'25 21 E 146.25 C119 1030.00 59.69 C49 330.00 55.58 588"03 01 W 55.51 C120 1030.00 59 .68 C50 330.00 55.49 N82"18 28 W 55.42 C121 1030.00 59.69 C51 330.00 34.58 N74"2919 W 34.56 C122 1030.00' 59 .99 ' C52 970.00 23.77 21 1 20 E 23.77 C123 11 70.00 66.79 C53 970.00 68.67 • 09··w 68.66 C54 970.00 68.69 34 W 68.68 C55 970.00 68.61 52 W 68.60 C56 970.00 68.59 59 W 68.58 C57 830.00 58.69 59 E 58.68 C124 1170.00 67 .80 C125 11 70.00 67 .80 C126 1170.00 67.81 C127 1330.00 57.20 C128 I 330.00 59.63 C58 830.00 58.71 ::its3"01 52 E 58.70 C129 1330.00 59 .63 C59 830.00 58.78 S78'58 34 E 58.76 C130 1330.00 59.77 C60 830.00 58.76 574·55 09 'E 58.75 C131 1330.00 59 .64 C61 830.00 20.3 4 572·1 1 20 E 20.34 C134 830.00 57.09 C62 470.00 49.25 '14"2919 E 49.23 C135 830.00 33 .21 C63 470.00 79.03 ,o2"18 28 E 78.94 C143 220.00 8.16 C64 470.00 79.16 m•OI E 79.06 C70 130.00 52.00 41 E 51.65 C71 130.00 52.00 35 E 51.65 C72 1170.00 66 .86 416 E 66 .85 C144 220.00 130.93 C155 280.00 46.27 C156 280.00 55.24 C157 280.00 55.25 C73 1170.00 66.86 N85"47 49 W 66.85 C158 280.00 55.28 C90 430.00 29.69 588"25 58 E 29 .68 C159 280.00 55.34 C94 600.00 924.07 N46"17 24 W 835.41 C160 280.00 60.50 C95 300.00 24.16 N00'08 16 E 24.15 C161 280.00 30.59 C96 300.00 555.37 N55"28 44 E 479.40 C162 4 58.00 15.59 C97 1000.00·1· s51·07•49"E 335.04° C98 500.00 567"43 32 W 372.40 C99 970.00 NBT3013 E 69.61 C100 970.00 S83"25 27 W 68.48 C10 1 970.00 579"22 33"W 68.56 C102 970.00 N76'38 36 E 23.94 C103 1530.00 . N76'37 52 E 37.10 C163 458.00 63.12 C164 458.00 61.62 C165 419 .63 69 .41 C166 419.63 82.87 C167 419.63 82.87 C168 419.63 82.91 C169 419 .63 79 .60 C10 4 1530.00 59 .70 16 37W 59 .70 C105 1530.00 59.70 046 W 59.70 C106 1530.00 59.73 4 57 E 59.72 C107 1530.00 59.74 910 E 59.74 C108 1530.00 59 .79 3 27 E 59 .78 C170 530.00 2.46 C178 330.00 56 .18 C180 175.00' 31.29' C185 630.00 20 .10 C186 530.00 91.03 C109 1530.00 30.95 1S89"05 23 W 30.95 C187 530.00 50 .02 C110 25.00' HINB4'15'11"E 4.72' C111 25.00 • 04 W 35.37 C112 1487. 75 09 E 6.66 C113 1470.00 51 E 66 .45 C114 1470.00 .89 06 E 65.89 C115 1470.00 6 .87 01 E 65.87 C116 1470.00 6 .83 4 01 W 65.83 C117 1470.00 6 .8 3 0 04"W 65.82 C188 530.00 169.49 UNE BEARING DISTANC E LI 543"2713 W 13.74 L2 N41 "35 40 W 13.18 C118 1470.00 1 .78 N76'14 38 E 15.78 C119 1030.00 44.19 • 955 W 44.19 C120 1030.00 59 .16 2 23nE 59 .15 C12 1 1030.00 59 .12 46 E 59 .12 C122 1030.00 59.13 07 E 59.12 C123 11 7 0.00 67.16 707 W 67 .15 C12 4 1170.00 67 .16 9 46 E 67.15 C125 1170.0□-67 .20 2 23 W 67.19 C126 1170.0□-50.20' 9'55"E 50.19' I 14 .28 438 E 14.28 3 59 .56 -i7T5004 W 59 .55 3 59 .56 580"24 01 W 59 .56 3 59.60 NB2'58 Ol"E 59.60 ' 3 59.62 585"32 06 W 59.61 2 59 .58 NBT3013 E 59 .57 3 58.61 583"25 27 W 58.60 4 58.68 579·22 33 W 58.67 5 20.48 N76"38 36 E 20.48 1 40.50 576"37 52 W 40.50 0 65.17 578"26 37 W 65.16 C138 1670.00' 65.17' SB0"40'46"W 65.16' C139 16 70.00 65.19 NBZ-54 57 E 65.19 C140 1670.00 65.21 585"09 10 W 65.20 C14 1 1670.00 65.26 N87"23 ZTE 65.25 C142 1670.00 33.78 589"05 23"W 33.78 C18 1 1330.00 59.50 SB8"0W 59.49 C18 2 970.00 10.70 NB9"2 10.70 C183 1030.00 19.69 NBB' 19.69 C18 4 25 .00 34 .52 539"1 6 31.84 ' K I-A "<'1 N1. '"'· '" N23"28 26 E 56.18 S33'1359 W 56.10 S42'5913"W 56.12 585 '40 40 E 59.67 NB8 .59 23 w 59.39 S71 "08 20 W 154.29 552 '44 33 W 79.92 N42 "59 13 E 79.93 N33"13 59 E 79.90 N23"28 '26 '"E 80.02' N13"18 38 E 86.51 S06"23 03 E 68.44 N11'3549 W 71 .62 N16"55 45 'W 71.65 N22"1548 W 7 1.6 7 S27"35 51 E 71.66 N30'3819 W 10.06 s55·05•2•··E 62.6 5' N70"05 02"W 71 .53 14 36E 71.57 4 17 W 7 1.58 4 05"'E 71.62 20 W 22.54 DTE 4 2.18 S82 '50 25 W 73.43 N82"47 27 E 59.03 N88"45 21 E 9.60 N20"09 08 W 57.29 S11 "51 01 E 67.21 N53'03 54··[ 70.87 s50·11 31 w 66.96 S77"04 31 W 38.56 S89'09 51 W 25.91 i ·oo··w 65.47' 23 W 65.91 14 E 65.90 06 E 65.90 006'E 63.22 S75'59 54 W 2.2 3 N7T4315 E 59.69 S81"02 28 W 59.68 N84"21 40 E 59.68 N8T41 23"E 59.98 SHT39 24 W 66.78 '21 40 W 67.79 -...1-11 "n?'28"W 67.79 '::Jtt 4.)15 'W 67.80 S77"10 06 W 57.20 579 '41 06 W 59.63 S82"1514 w 59.63 I 59.77 59.63 57.08 33.21 8.16 129.01 46.22 55.15 55.16 S37"27 46 W 55.19 • 51 E 55.25 02 W 60.39 17 E 30.58 36 W 15.59 N6 2 E 63.07 N59 '23 04 '"E 61 .57 s04·2111 w 69.33 S14"50 58 W 82.73 N26"09 52 E 82.74 N3T2857 E 82.78 N48"34 38 E 79.48 N45"59 41 E 2 .46 S52*44 33 W 56.12 S51 "10'29 "W 31.25" 549·39 42 E 20.10 N74"46 43 E 90.92 N67"0916 E 50.00 N55"17 21 E 168.77 CERTIFICATE OF APPROVAL BY THE CITY OF FAIRHOPE: (SEWER} THE UNDERS IGNED, AS AUTHOR IZED BY THE CITY OF FA IRHOPE HEREBY APPROVES Tl-1 E WITH IN PLA T FOR TH E RECORD ING OF SAME IN TH E PROBA TE OFF ICE OF BA LDWIN COUNTY, ALABAMA, TH IS DAY OF -------20 ____ , AUTH OR IZED REPR ESENTA Tl \/E CERT/FICA TE OF APPRO VAL BY THE CITY OF FAIRHOPE: (GAS) THE UNDERSIGNED , AS AUTHOR IZED BY THE CITY OF FAIRHOPE HEREBY APPROVES THE WIT1-1 1N PLAT FOR THE RECORD ING OF SAM E IN THE PROBATE OFFI CE OF BA LDWIN COUN TY, ALABAMA , THI S DAY OF -----~ 20 ____ . AU TH OR IZED REPR ESENTATIVE CERnFICA TE OF APPROVAL BY BALDWIN EMC: (ELECTRIC} THE UNDERSIGNED, AS AUTHOR IZED BY BALDWIN EMC HE REBY APPROVES THE WI THI N PLA T FOR THE RECORD ING OF SAM E IN THE PROBA TE OFFI CE OF BALDWI N COUNTY, ALABAM A, TH IS _____ DAY OF _____ ~ 20 ____ . AU TH OR IZED REPR ESENTATIVE CERnFICA TE OF APPROVAL BY TELEPHONE (A T&T}: THE UNDERSIGNED, AS AUTHOR IZED BY AT&T HEREBY APPROVES THE WITH IN PLA T FOR lHE RECORDING OF SAME IN TH E PROBA TE OFFI CE OF BALDWIN COUNTY, ALABAMA, THIS ____ DAY OF ______ 20 ____ . AUT!-,OR IZED REPRESEN TATI VE CERT/FICA TE OF APPROVAL BY THE CI TY OF FAIRHOPE: (WATER) THE UNDERSIGNED , AS AUTHOR IZED BY TH E CITY OF FA IRHOPE HEREB Y APPROVES THE WITH IN PLA T FOR TH E RECORD ING OF SAME IN TH E PROBATE OFFICE OF BA LDWIN COUNTY, ALABAMA, TH IS ____ DAY OF ------20 ____ , AUTHOR IZED REPRESENTATIVE CERnFtCA TION OF OWNERSHIP AND OED/CA noN: TH IS IS TO CERTIFY Ti-,AT o=c~o=R~H=o=RT=o~N~1N=c---B1=RM=1N=c=H~AM~.-TH~s OWNER OF ~TH=E~L~AN~D~S~H=o~_,,~AN~D~DESCR IBEO IN THE PLAT, HAS CAUSED THE SAME TO BE SURVE YED ANO SUBD I\IIOED AS IND ICA TED HEREON, FOR TH E USES AND PURPOSES HERE IN SET FOR TH AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER TH E DES IGN AND TITLE HEREON IND ICATED; AND GRANT ALL EASEMEN TS FOR THE PURPOSES NOTED HEREON AND DED ICA TE ALL STREE TS TO PUB LI C USE, AND ALL COMMON AREAS AND EASEMENTS TO PR IVATE US E, TOGETHER WITH SUC H RESTR ICTIONS AND COVENANTS NOTED BELOW OR ATTAC HED IN A SEPARATE LEGAL DOCUMEN T. DA TED TH IS _____ DA Y OF _______ 20 ___ ~ OWNER (PR INT) OWNER (S IGNATURE) CERnFtCA noN BY NOTARY PUBLIC: ST ATE OF _________ _ COUNTY OF _________ _ 670U~N=TY~OF~BA~L~OW~IN~.~,N~TH=E~S=TA~TE=-c-,OF ~21t~i/UHBEL~~~~ tr~Tl~$RT~~ ~--------WHOSE NAME AS==~===~ ~0~17S 7K~NO~WN~T~O~M=E-, A~C~K~NO~w-~~D~~~E~EJgRJH!E Fg~E~~ll~GD1~s~~~~:NaTE1NAiD INFORMED OF THE CON TEN T OF TH E INSTRUMEN T, AND AS SUC H OFF ICER AND WITH FU LL AUTHOR ITY, EXECUTED THE SAME VO LUNTAR ILY FOR AND AS THE ACT OF SA ID CORPORA TI ON . GIVEN UNDER MY HAND AND NOTOR IAL SEA L TH IS _____ DAY DF _______ 20 ____ . NOTARY PUB LI C CERTIFICATE OF APPROVA L BY THE E-911 ADDRESSING.· THE UND ERS IGNED, AS AU TH OR IZED BY BA LDWIN COUN TY E-911 BOARD. HEREBY APPROVES THE ROAD NAM ES AS DEPICTED ON THE 'NI THI N PLAT AND HE REBY APPROVES THE WI THI N PLAT FOR THE RECORD IN G OF SAM E IN THE PROBA TED OFFIC E OF BALD'MN COUN TY, ALABAMA, THI S DAY OF ____ , 20 ____ . AUTHOR IZED SIGNATUR E CERnFICA TE OF APPROVAL BY THE COUNTY ENGINEER THE UND ERS IGNED, AS COUN TY ENG INEER OF BALDWIN COUN TY, ALABAMA , HEREBY APPROVES THE WITHI N PLAT FOR THE RECORDI NG OF SAME IN THE PROBATE OFFI CE OF BA LDWIN COUN TY, ALABAMA. DATED THI S ____ DA Y OF _______ _ COUNTY ENGINE ER CERT/FICA TE OF APPROVAL BY THE FAIRHOPE PLANNING COMMISSION TH IS PLA T HAS BEEN SUBM ITTED TO AND CONSIDERED BY THE CITY PLANN ING COMM ISSION OF FA IRHOPE, ALABAMA. AND IS APPROVED BY SUCH COMM ISSION . TH E CITY OF FA IRHOP E PLANNING COMM ISS ION BY: s=c=c•=c=TA=R~Y-------~·ATE: ------- ENGINEER'S CERnFICA TE I, JUS TI N M. BR ITT, A LICENSED PROF ESS IONA L ENGIN EER IN TI-,E STATE OF ALABAMA , LIC ENS E NO. 38943, HER EBY CERTI FY THA T I HAVE DES IGNED THE IMPROVEMENTS FOR THIS DEVE LOPM ENT IN CONFORM ITY 'MI TH APP LI CABLE CODES AND LAWS AND WllH lHE PRINC IPLE S OF GOOD ENGINEER ING PRACTIC E INC LUD ING TH E ORA INAGE DESIGN REQU IREMEN TS OF TH E FA IRHOP E SUBD IVIS ION REGULA TIONS. I FUR THER CER TIF Y Tl-MT I HAVE PROVIDED OVERSIGH T OF TI-,E CONSTRUC TI ON TO MY DESIGN, AND THAT TO lHE BEST OF MY KNOWLEDG E AND BELIEF, lHE AS-BU ILTS PROVIDED TO THE CI TY OF FAIRHOP E ARE A TRU E AND ACCURA TE REPR ESENTATI ON OF TH E IMPROVEMEN TS AS INS TALLED ANO THA T SAID IMP ROVEMEN TS AR E HEREBY RECOMM ENDED FOR ACCEPTANC E BY THE CITY OF FAIRHOPE, ALABAMA. JUSTI N M. BR ITT, ENG INEE R DATE DEWBERRY LAURE LBROOKE , AS -BU il T PLANS, WH ICH ARE CERT IFI ED, CONS IST OF PAGES ____ THRU ___ _, EAC H OF v.1--IIC H BEARSS MY SEAL AND SIGNATURE. GENERAL NO TES: 1. FOR THE LOCA TION OF ALL UTI LIT IES, SEE CONSTRUC TION PLANS . 2. STORMWATER DETENTION AREAS ARE NOT THE RESPONSIBILIT Y OF CITY OF FAIRH OPE OR BALDWIN COUNTY TO MA INTA IN. 3. ALL UT ILI TIES WIL L BE CONS TRUCTED UNDERGROUND. 4. THERE IS DED ICATED HERE WITH A 10 FOO T UTILITY EASEMENT ON ALL LOT LI NES AND COMMON AREAS ADJACENT TO THE RIGH T-OF-WAYS. 5. THERE IS DED ICATED HEREWITH A 15 FOOT UTILITY AND DRA INAGE EASEMEN T ALONG THE REAR LOT LI NES OF ALL LOTS (UN LESS SHOWN OTHERW1SE) AND A 15 FOO T UTILITY AND DRA INAGE EAS EMEN T ALONG ALL SIDE LOT LINES (7.5 FEE T OFF EACH SIDE). 6. NO FENCES AND NO STRUC TURES SHALL BE PLACED IN DRA INAGE AND OR UTI LI TY EASEMENTS. 7. A PROPERTY OWNERS ASSOC IATION (POA) HAS BEEN FORMED FOR THE LAURELBRDOKE DEVELOPMEN T RES TRIC TIONS Will. BE RECORDED IN THE PROBATE OF FICE TO INC LUDE THIS PHASE. Tl-ff POA IS REQU IR ED TO MA INTA IN ANY AND ALL STORM WA TER FAC ILIT IES AND STRUCTURES LOCATED OU TSIDE OF THE PUB LI CL Y ACCEPTED RIGHTS-OF -WAY. 8. ACCESSORY STRUCTURES MUST MA INTAIN A MINIMUM 10' SEPARATION FROM PR INC IP LE STRUCTURES AND MUST BE LOCATED BEH IND THE REAR BU ILDING LI NE OF THE PRINC IPLE STRUCTURE. 9. ACCESSORY DWELLI NGS AR E NOT PERM ITTED . 10. THERE IS DED ICATED HEREWI TH A PUBLIC ACCESS AND USE EASEMEN T ACROSS ALL GREENSPACE . GREENSPACE IS NOT DED ICATED TO THE CITY OF FA IRHOPE OR BALDWIN COUN TY AND NE ITi-,ER ARE RESPONS IBLE FOR MAINTENANCE OF ANY OR ALL GREENSPACE . 11. FIRE ACCESS IS NOT TO BE USED FOR DIREC T ACCESS OF RESIDENTS. LAURELBROOKE PHASE ONE FINAL PIAT JUNE 20, 2023 -SHEET 2 OF 2 BOUNDARY SURVEY AND PIAT OF SUBDIVISION DES IGN ENG J.N .E. ORAWN A.E.F. J .M.B. SURVEYOR V.LG. 9 Dewberry® 15353 Fnt:ndship Road Daptn,, Al 36526 151.990.9950 fa~151.9ltt815 CHKO. V.LG. PROJ MGR J .M.B. SCAUE 1 "-100' PROJ. N0.50144764 FlLE 501 «764RNALPH I SH EET 2 OF 2 EXHIBIT E LAURELBROOKE PHASES 1 & 2 MULCH TRAIL SYSTEM MAINTENANCE SUMMARY June 15, 2023 City of Fairhope 555 South Section Street Fairhope, Alabama 36532 Re: Laurelbrooke, Mulch Trail System - Maintenance Summary To whom it may concern: Below, a list of maintenance tasks and operations can be found for trail maintenance. 1.Trail inspection - (3-4 times annually) To identify any areas of wash-out due to water runoff. Surveying the trails during the wet months will help determine drainage patterns and identify problematic areas. If an area is determined to have washed out, the following steps shall be taken: a. Determine the approximate line of water flow over the mulch trail and scrape away the mulch. b. Dig out soil 4-6” wide by 12” deep to install a french drain system. c. Install an underlayment of woven geotextile fabric that wraps the entire trench length and 1’ extra on each direction of width. d. Install 2” depth of gravel. e. Install 4” perforated pipe with perforations pointing downward. Add an extra 2’ length of pipe on each side of trail width which will determine trench length as well. f. Fill the remainder of the trench with gravel and wrap geotextile fabric around the circumference of gravel. g. Re-install mulch on top of the french drain system and compact. 2.Weed Management on trail surface - (3-4 times annually) Hand pull any problematic weeds during inspection. If necessary, a post-emergent herbicide may be used. 3.Mowing - (3-4 times annually) 4 foot minimum wide on each side of trail where applicable. 4.Pruning - (Annually) Prune woody vegetation 4 feet back from sides of trail, 12 feet vertical clearance, remove vines. 5.Removal of Trees/Limbs - (Annually) Evaluation/removal of unhealthy or dead trees and limbs. 6.Trail Surface Material - (Annually) Replace degraded/absent surface material annually or as identified during routine trail inspections. See detail on the following page. © 2023 WAS Design, Inc. 218 North Alston Street, Foley, Alabama 36535 T: 251.948.7181 www.was-design.com Laurelbrooke Page 2 of 2 Regards, Chad Watkins, PLA, ASLA Principal lcw BALDWIN COUNTY, AI.ABAf,IA N HARRY D'OLIVE. JR. PRO BA TE JI.IDGE o L.EASE = ~':,:20'23 0,;40:33PM ~ ~ ~;:"",;~$1 .00 ~ 2 ?>gos TICS l:EABB. MAD.E n£S 12& DAY OF May 2023 ' BY A~ \3~ FA.O.Ui0P8, SINOI.E TAX COill'OltATION, •=so11;•, Off AIRHOU, BALDWlN COVNIY, Al.ABA.S{A, A.,'D ________ _ Prulfp L. G<><>dwyn & M'icbelleR. Gooa,.:;r,, ma,ri,,j, as tt:lMt< in common.wi!h tj,.bts of su."Vivonhip ~I & 493 Pino ,\ve,iu.o OI' l'airh<>J':".&.---,. Hl!lU!lNAFraRDESIGNA'.!EDA:! TI!S"l.ESS!lll." wm<ESSETH: THAT nDl 0SJ\!D FAWIOPE SIKGLI! TAX CORPORATION; FOJ!. AND IN CONSIDERATION OP 'Itll! A.>mt.!Al !lEllTAlS A.'ID CO\ll!NANIS llEkBrtAFl'ER SET fORTII BAS Ill!S DAY L&A.S!ID TO AND SAID LBSSEE TAllN l'OSSl:SS!ON' OF llll! FOLLOWJNO DESOUBBD PI\Rc:&. OF LANO. 1'0 WIT: Unit ONE and Unit 1WO, The Ruche,y, A Condomlnlu rn, according to the documents of record In the Office of the Judge of Probate of Baldw!n County, Alabama, as fol!ows: Declaration of Condominium of The Ruchery, a Condominium, reccriled as Instrument 1284708, Including the Archttecfs C,,rtiflcation anc Drawings as E><hlblt 'El" thereof. and the By-Laws of The Ruchery Owners Association, Inc. as Exhibit 'C" thereof, together with an undivided interest In the common elements of The Ruchery, a Condominium, applicable to such Units under such Oedaratlon and aU interest in fimiled common elements designed to serve only such Units; and suhjsct to all tt>e terms. condi'.ions , restrictions, rese,vations, l'mitations, ea,rements and rig hts as set forth therein and in the Articles of Incorporation of The Ruchery OWners Association, Inc., recort!ed as lnslrument 1284717 and such rules and regulaHon as may be adopted by sueh corporation, lands of the Fairhope Single TalC' Cotp0ratioo. 46-03-37-0-007--069.505901 (Un~ 1) 46-03-37-0-007--069.505902 (Una 2) FOR Tl!E TEJl.M OF N!NI!TY-NINE (99) YEARS FROM 1'll1'l DA n; SWJ£CT TO nm =· COM)mONS ANO COVlS!<M"l'S llliRl!IN STAT5Il. PROTI;CTIONS JND!CATED FOR MOR'!GAGB!l(S) WU.,. !.IE 1"1FORCED IF MOR!GAGE JNSTRU~ AM Rl!CORDED IN fROIIA'l'.E. (lJ'Thr.~:ab11p1.y:al!af&nQpir;,S½r~1q-Ccw,1Kkf>R.!ul~11tiHipt,UlcqiiiJ11JC&lit:L,Q.1la:fa:sttbp~f1ui~udJw.l)'~JISllr."hl!rlmW ~ ot!ad ~ill, kdalarmiMd by~ ~io11.~ 1t1P.xlllC'ilb1'!J.Cuuai.U., UDdn' ifs V'O>'ted ~ of.so ft."'11111 dia. rmr.ils ~:IC:~ ut, ~ Im IIOJ!n1ad.~fJili.1Cilio11atldanal.(fll&tiliesof~trtd.a1:t1.d::on.wtl'llDtlHWUW,oftt..Cmpcnti:,,;~8"9}uaitttadii.::1101-.c:h.laDd&.Ulno1-ct ~•1~UW:...,.,l»cli~lbi,L""'°'Ci0~ltw1bltappra..1il!ld~:lod/itt111.'l:l::lli:-cd!e)eQIIICl~eeyw".llbodi!&f~llila1~0!0Jl,:id~p-Dli:fl;ld.i:tm Uldllrm11J•llbmit•~till bff1!1'111hldi ~~.aald.ytu.sa:i:iM:;:.ciftbll lii:11lyapptmad TL1111.and.11:1t"b:UJ,, 1ltld Iba Lem• st.fiMctiliJllklit:1P9111ir; bill'WithkilOday.i 1tlerthe~ rd~b.itl lls\QISOl!b«d,y~slf1.pu, lml~ ns;l!r.;aQ't;ed-~by1beCorpoQ.-uponcbe~k,1t1~.o;Sll:,t.ll Ru;,mcb!b,,d..~tio11,-J-.1111:t.Clllldbkot~DIN. • ' (l) t.n ... ~ 111:111 m 111:b:11iu wpen;af «l)'a~ 11111.R1•....iio.ld. :1&all 1D ~•1'111 a.y~lc1hle la-lad~ ttfh Cirya!Fur!qN!. Ci:nu:..-yaf Baldw!t,aoi!Sut.tof~llt:'ll.,Dd~~ll'.altlc~wlllbyt:6~ot~kti1Dut,~l.uicrlia.bJ.bray~o!,..dl.c.t-ylu.-ta1~ creu111.~«aws1nts. ())lill~mll.W:m~~flbcleuu:IIO~yt113n,10'.;;aa.em~a:c1.•n.Fdtt~Sfcc1•TttCot):cn.lioa.W1llpt)'IIIIUlll~dar.:JdluMdatd ·~l!Cllllei!Jlrnollll~(~ -."B!CltdJ.t::.c~plilld')lii:id b1Lc.ss;;'Uf:ondlc ~'s'i:c~lcl'°d;a'Wlll""91-h:tt'!hc~Ol!.1Ul!,,tt:dpaaf tM, ~ •~11:1. Jbr ~ Jl"i.ll u, SIILlt\, C:,..ioty, !k400l Dkti~ ~ Cit:, •;ic,i Ilk,:~ u:1 J)'rtoml ~(PM)'I Ur:! mdk ~ btld. !:J La-.,ei,11po11.~!ilfllibtoRfla5(;d,xifulrentcbbcp,i;.,..-iDcl~•~.clm11.Mlilll<quall11-11.di,ac:q:u'b/ii::ru.~tmtiabir.g.".wc;ivaW...l!:1m1ka;ra.1 llU'1',l,.-iO'llln:ii,OCiDclbcb:M"1!1-GrCl)'iad..~1DlfleCffl'f,-.1!Xl;pJeTicle,d--(!',e.~a,~•WliJ.apptl1111W)owo,c. ..... -.,-..~'byllaCkpOntion.u leuo:e', ,-,p1U1irr:.um Lc:tM11'1 ~~r~wbn~'ld b)' 11,..,.1111,lla-do,;; :i,lth.i nD!IYlffll.di.all Q:i. C~i&biat»wid ro ~ r.a.,,; rg1:pw1;1i:; i=t11 Will a.Akt:11.and. ... ~ TJflhc prnpa!y, ~ the btiilia Nqull'td t.)' ...... f.lr'ID II f:f"PWmJOl:llt !ibrey~~the, tlut.fi)r l!i&:}'UI'llll 1m: illal.H ~~:xli i!l'lpto~am.d:~proJll!l't)'At,:1'111.t {,ijthi:i F;1&rhi:Jp; ,~ TQ0orp~"1 liffll i:a ~rWlmofil.!it.~'ltl rli.aW 11K$1 _u,itb~d. t"'4.aa Pill! ~Ille ~l!lel i:y~cup:;in tt,E. 114d~Cll..Hll..shalitit ~~e4~di:vidAl:td,coiltllAltCl:tlNl«U)'aUl«"pn;j(lt11,buttliM:1ll ~lbi=admir.atcn,d.u11,1:1".,pt.fw'.dftirt.l;<l!eq~~~ijtor .... ""''"'"'"""'· {S)lla::i~furttaer~dl.ctalhtd.titrtbudn1..:ittil:t.'xcdil!lwlr.di~~$tl,Q)~far'rum:nC511p:J::l«llLDd5.40'1111tmcftOll.ll!.al:l.bi:muk:~:11 iadi~bwhoMl.meaibffl•rillicCotpcnbca,.it.l:i-l!Xtepbof'llc:ript:qflBftll'hcie1•~t1lnt1'.o~toltt.8Cair,Clttllt111.;all&b.a!lbtir.a:ilid .,j,!b1ll'Xlc;o.:t.llty. {')lt-i1TI:1111NUy~lhatturuil,.,ftm~-oefJidiia:luu..1A~wt111.L.tl9P~f.lilwpa11.t11wtw:.acn,,irdworr.olllaanJafcbu:hut.emli::icns1;1f6i1 ICIIM1r.d.W. t-:i!ac.lttlt)llils~fi:r1,pu;,ci 1f('O)m.~ l.e&D-mi,y dccl1~1.~W1'1e:d g~:o't wd!t-!11:icdol t'!le;sti0f'by~i;~'bi ~ orl=.5~.::W.Ce:::, ".Ill ~Mlilo1ay~(oibiiqin11'C.lllltlll".tofthcldMdlMd)ittr-..U~~!1:1t!hmixtp1tt~lal.enotudwlll m!btr:rqta..uidmn1FrJ!IIC:tl ~da-?:i1tlto~llladt=iqit,,liruet:st~:edtda.-..tt,ytb8&:ararAA.li.liL""No~tul.aroo:lillA!tia.,.•liiioC.~...u.wdtbll'mttNl.ba'1>11111~*Gllt-cf 11CiA&tAWra111.cftbi:~o,Uq~i£1provi4ed.r..ic:b.C\lllflWocc:n.:&.!ktMnrU:lt!£faik11;1cc1t11C111~1defi.cien,:ywWio,Od&,iof.u,yftow:ll~ tflA!lr~t11-~notity~mforL=,~bytq,1~d.roall,ac!ba.lanbrn~~rdt.:J':bCotp.H-.Jito.oCs.10hdmuit~l.aSQCbw.oycm,c,~ lalll1pp:1:1dlorbaz.60~~Wftl.lhtU!sol1-Jt.bnoe:m,toW!'Yl,..,r:r:'1~alt.fc6cr.eC-..ioci:p&tc~.:iri:•t.wWb&J!walOdl~•~ notfoeo(&Ea..,-pixii_mj~-,;,flllllt~'Upto'ptff)'.hi!-=ilitVqt,J:b:r,.l.uaorr~~':Dle:[W~(-~•lllt"')lllbl.~~IIOR-HHflbc~ lm;id.,cllaid.:nr,pt"P!~o~a.~, udiolU:a;,otM1!1!11itmoClfm.lsunhmd 311id.u.J.11..111:iallbebitld11tpll!itii:11Jt.a.112,!1 hr.tdooto11k &fdt,£iiC4't:ae:1C~ ill.~1nops..A.1.itiav,.:a.iQ/~Wtbc~tiidd1:1,dz:t'gi"lli:lCd.,,,Wittlll:JOtll:.tl)fdie~pl~a.llll.tct1Nrd .. le~lll,.twtdaadui:ri.:,do:1ol1blit~ ION 911!dlloy P'..hlcatica'll■Hlt ■ Wft~ b'~~~'ltlCJ.:zl,.m6 nnnpn.?5ol'gt:;,BT1liu=li.t;j;ini11'Ftuf11~J,,J~·-~, 111-C!:D!:oc~,CQY m!iikd.1uCbat.lii!iud~lll:!:ieC¥lllttOClb-lAacc.'1~ct«.il~o!~ll'~~IO~~~.Tb=~'llfaid.1lk1b&llWY.fG1:callCpaytr.cJII o/lDl~Jlll.id .11:, bnlud~.a -,,ubkl ~a'"'• -.aod 101~ pa.y~a!.of!!:11111111N:1t of•ld bidd,Jr ■41lea O~ • r1111111Dn1,'ot.i •l'IO~ ..,.) •D4 .ia.lcn:5'11fkk:!\:li~b)owm_p_.s,.tl)Jhab:oli,!.eatlk.'eotlhmlklth:payi~c/r:y~1 r.oOit~~llll.dtha~i!1ey,lok:p*!ob 1.wa,n.a1sntlb!IDilp'09~~ttt~tore,:oltl.J~9~~~llllriJbttQIIIIS'~Uli.e...~.1t.pll!d:1tutld.llUCbJ1k.•pmct.1,!l'Cl'!a¢o:n, ICIYJemO"'C 11A,.Y~M1 OJI ~lalu:11 withiJi & U!U~li=.d.trie. th, n,tmdM PJri.■md mii;n .... nee 11xrl111ined dlo Lu.a«tweMI il>!a ri&bt;TO Vo~ •n:r n:~ al'II.W!i:ola IQ ii lol'ft. b lucb ~mt.tap ""'n ~-.ffll'itf4'111 II) 1'1iCQ'm:J fO.lllll'lble ■lklnlt7 ts, AEf ■l.d ■11 e:J:prcDICI. Ul(llltllled ..-itb u,y~.ey. IIO~rm.Lllap, calt.ccdflfl!I cm..m:, etc.,~ lll!C ntpooaibililyad.d0bt.iptluc:ia(tbc l.a.111, C,)'Ttll.Fa[tl:q11:::!'li::PTaCo~ltliL.Jrll!Ci 12111 .lnOtil ol!B dwolitrhm. t ilhr:r by....i,lc;lltqy ...a r.-1I::J a.n:b:n: etrodtorf'lll'ik. 1:tttl 'lb■.iIMli&.I cffb ~ IJIDI\B lua:l1l.liM>lz!l.llz~:ii,,l:('•m:mk:,lhlllbc.tllti&d10hilv~hll,D([b:r¢in~mdkued·llt'PJIIIIIC'h~!tU!l!.e."3oemt'jre~~ll::l~~--l!•I P"Jttba.-1:S1~v~111tbcth....,uWJ!Ji:v,ati~~wl.il'1.ta:,,:~Cl""1Xl.1&,tllllb~iopurc:.kue:thc t ~11'w:b~Uroe:11, medier, Ille~ may•~ s.d ~ IC'ium= title to tu la:rtli ba.-.b lw.ed. hr p!.}'in& 1n !ht Qqorz~ it, le.tUt ~ cxetoJlly,c e! il:lfllO\';JJ!;a~ trlfllD. ;1. (8')Tlt11:rtlrtiqia.S~T1-.;Co:r;ir.mi-oimhel~t1~l•110~~.be~~i;1•.o~:p,'-NS!ootill11111~p,opocG$.Dli■iuP'1"""'-rbr;n.c~t!-i,~1111a1,e;bllt ilia ~IJ-;mda:;l'fut'Cl~dr C«pc,QI~ &0tq 111::l)' wih tht. ~bt-pu,pcrs■.IDHV.U Ian.ii 111d ~ if fi:ir~ile.naftl q,f'lho,wa1dll may~1" iat,, .»ozrt;bef:d:SU.laklbr111rkia.U1S~,&f'r~mlkkctaillilleit1L (9)1hF~S~#Tn ~f'll-~thldghtiorttJl1llp~,o~~OfD1S:4ttiaaoft!it.ll.ad ~~ (~ pllh!~~IClcm!}', i::11.::it,}'mC.21 oftbl ~>rahia ~,(!=. ~Q ib=."000. ~ urms o!Qiil ~II Olli IIO[ lfll1' d.zhl: ~ tlll'IS I tr.Cl:1C•P mir.11 CID Cle~ .o:{O[t lllcf Ow """"'"'""- 1111t~WIW".1~t,yF'4irlii,paS"',i:/• T,r;m Cc.rporfll1on JJ6F4~A!.._-IH' hplotl LEASE THIS LfiASE. MADE THIS 12111 DAV OF May ~ BY ANO BETWEEN l'AIRHOPE SINOLll TAX CORPORATION, "LESSOR", 01' FAIRHOPE, BAI DWIN COUJ\7'Y, ALA!iAMA. ANO Philip L G909'VYD & Michelle R. Goodwyn, married, as ienants in coilllll_po with tjgbb Q.f swvivo!Shil> 491 & 493 Pille Avenue OF ___ F_a_irb_opc, ~ . HEREINAfll:.R. D1,SIGNATED AS TH£ "Ll'SSEE.. WrTNESSETH: 'll!AT THE SAID FAIR.HOPE SINGLE TAX CORPORATION; FOR AND IN CONSIDERA1'10N OF THE ANNUAL R.Drl'ALS AND COVENANTS RBRBINAf'l'ER sn FORTII HAS 1111S 0/\V lEASl!D TO AND SAID LESSE.I: TAKEN POSSESSIOJ\i OFTRE FOU.OWlNO DESCRIBED PARCEL OF I...A~D. 1'0 WIT· Unit ONE and Unit TWO, T.he Ruchery, A Condominium, according to the documents of record in the Office of the Judge of Probate of Baldwin County, Alabama, as follows: Declaration of Condominium of The Ruchery, a Condominium, recorded as Instrument 1284708, Including the Architect's Certlfl08tion Bnd Drawings as Exhibit •e• thereof, and the By-Laws of The Ruchery Owners Association, Inc. as Exhibit •c· !hereof, together with an undivided interest In the common elements of The Ruchery, a Condominium, applicable to such Units under such Declaration and all interest In limited common elements designed to serve only such Units; and subject to all the terms, conditions, restrictions, reservations, limitations, easements and rights as set forth therein and In the Articles of Incorporation of The Ruchery Owners Association, Inc .. recorded as Instrument 1284717 and such rules and regulation as may be adopted by such corporation, lands of /he Fairhope Single Tax Corporation . 46-03-37-0-007-069.505901 (Unit 1) 46-03-37-0-007-069.505902 (Unit 2) FOR THE TCRM OF NINETY-l\lNE (99) YEARS FROM THIS DA Ir. S1,;BJECT TO 1'H~ TERMS. co. on IONS />J iD COV!iNASTS HERRIN STArED. PROTf.C.TIOSS IXDICATf:O H>R MORTGAGFI' S) WILL BE ENFORCED IF !>IOllfGAClE INSTRUMl!NTS ARE RECORDED LN PROBA IT:.. (I) The u:s,cuhlll pay m th• F•lrilopc Sln11l0 Tn Curp(,Nlhn>, 111 ,uccesson or "'"Iii"', 1n eqnal p,ymculO, on 1bc fim d•Y' ofloao")' an<i July ""°b ym, tho rem•! ~h.re ofuui l.nd to bo detemiu1t:d by the corponit1ou lhrou!l,11 h ■ llitocuiive Cow:i.ci.t.. under 1u O\IOwed ptlntJll'I~ oho hinJ the rcntall of it, laHWi JUI to dql.Wb:c tbe v:nying ldnn11,e of location and nil Wal cpald.ia of di!T~nt lfflCIJ and coo~cn lflkl thc:1 lRUUry of 11.:-Corpumtion aJJ fllu.d lltlC.hing lo Ruth lnndl lrrhc l.a.,or rtui,,n in!ormlllo• w.lucl, ... ,., tbe t.:uoi <obeU.... tbr --Ylhle udl..-1&> .. °" tho loBed Pt<ll'fflY will be difmul li>u _,, thlt lad -pttd"",d, tho 1-rray...,.,,•ooorrea<:dblll ll>tr<111-_,.oa:un1clyllmll<Cllllllll>l'lhc hllcl)-lltd wthl,:;ncVor .._,andlh< 1-c ""1Ubeobllpl<d«>poylllb bdJ wab,n •o d.,p lJW tbeddr oflht loll Th, --r <AP<<Hly-tml,,,. """<hill be do1cmnncd I>)· <ho Colponi,vn "1"'"' dic pnociplc ,.-. BM •hill be ..-p<>,dod by I.be Co,pctalion, S\i,JO<! 10 \be con<h1iom bctcu11/lc, ,,.i.:d • (2) Lesseci lllgt'CICIII nO( t0 ,urhorlu. or JM!rtnlt 1my mmimcc in lh\l lr:111~h.1Jld land, lU oomply wllh uny 1:1pplle1bk:i l11w, 11ud ard1111m(!ci1 ol lho City or!-'11rhoT1C, County of Daldwln1 Md StaLo or Alabrsmil, AIUl 1\lrtbu apccs d,a1 thli l.c,1..ee wdl, by ua Kt uc umu!iion to i.ct. rt1ndu Louor h.n.ble for any Y~Wktn ofsuc:h C1l)' law1 or ordinances or cOWtt)' or lklt i.~ (JI lo-•-of111< •~ ofl.bc Le...., cu poy U. 1..W. bcmA pn,vt<kd. lbc Fotioi,c S;,.Jo Tu. C<Jri,on!lOO .. m poy Ill llll<SUl)Ofl lho IUd leMed""' !he __ .. , tod ,........i J!tOl"'lr (moec)'1 ad""""" CM:ep!cd) hold by i..,..,. _, mo lull li<R,to lcucd; or ... ,1..,.,..,, !tom the 1.,:,-""=t. mcc,pU or Ibo ~ ,ulh.,f11,c fbr...,. poid to St>.lc, COIIDly, Sdloul lllanm, m Cny opun Ille imprc>Yomcnt,i ond pcr,,D<lil propony (mol>Cl" nd Cfflln ~) held hy Lettec: upon 1t-w land herein lcucd or lflll rffll due be poad, 'Vltill 11~ D cerd61.:1Uc: u, Imaunt equal to 111cib 1tC,c:riptablc ta1 rCOC"ipll rumtunm&, recc1vablc rrom beJU'Cr at fooc wluc on nmt, CJf in d11eb.1rg:e or ■ny lm!r:bft:1dne,!. Kt !hi:i Corpnmlion; providad 1h1t 1he Ltssec will uppolnt ~·homsoo,,.cr nay ho do~Lgllllled by Iha Cfflll(lnU1on as lcuoe's •~nl to R"llm l.cSJl!C'I pr,uperty tor tJLxlllion whurw p,rmlucd b)' law JO IC do, that in uo cvcnL tha.11 the Corporatioo be bound to .aocept IU reocipu on more ibu a ta1J -...i YOIUIUOO of <ho Jllop<")' .•• tbo h.,, .. r,,inn,J by Jaw. or , •• .,.,..,., amount for 111)1 )<Of llnn lho .... lur dlo< )'<Ir OD lhc load no wtlleh ,ooh lmpnl><DIOUII and pmoaaJ pn,pcny IR' held (4) The Faubopc SUICie Tax c:o,po,."'" •a-m ~'"'" oflbe c.o..,...., of u ,d lc&,e bmwah •-d. <bt1 110 part ol lho =a, po,d by l.e,,,ec upoo me land herew1Lh letiled, Mill be appr0f1n1Utd .u dividtnda fO 11'1 u-.:ruhcn. or In)' Olh&tr pcnom. bul lhal 111 WO bQ 11dmin.is:on:iJ u 1 1nu1 fuod IC!" 1M ~\Ill.I bencfil of lhose lea&.1ng 1IJ liAde . ('1 The Corporouoa l\,nhcr 1greea, 1bll In lhedmnborioooftho honcfitl wbioh !II P"flJ<JII' ~to"'°"" lor rotldon11 UJJO• ilJ l,nJ.,.., di,oncoo111holl b, """'hotw,en Individual, .,hum ...,'Olbots ollhe c:o.pan,.,,., with lho ""'pllen of lhc riat,I ol _.,._ ._. pam,:lpo>ll in tllo gu,,,mm,,.il of<ho Cotpont,oo; oil ali.lll tot rreated willllttlClcqualil.) (6} 11 • mu1uon1 •-1 tho< tuno II ortbo....,,,,., oftbu 11;.,. lo Ibo event Let,.. .,,.11 r,d 10 poy mn1 whon A11J10,. doc or ,.,I•• Hf oftbo otboi cmd,unm ofllm lease and tal,1 brc,th lftlll.inl wx:on-oalod "'' o Jl"Dlld of (90) .!iys, L.caior may lle<1'1'" , do!ault and Ji"' ~rtll<l1 ool""' lhon,of by n:a,w,red mail, or ,1, oq111V1l111tt, 10 1..cs,ee ond IO ••Y mortQl>P, (of1ho nnpru,enieo,s orit,e !<lied !And) OI the t.JI <lddret• of ""'b mo<IP!lt!" known lo Le¥o<>r and wUI add'""'"'" on .,.,d ren, payment ft-om due dnte. not 1013C(:ed (he lbcn ii:pl inlerekt ca1c, di,clucd b)' che St:att or Aklb1m11, lbe Less0t 1twll hna I Hen for the rcnli and lhc mtemt thct'Wn lo lhe da1c of nl""""'""'"' nfllw 1,,.,., or tole o., hon,Jo pn,vidcd, wbl<b .,.., but oocun. In 11,o ~,..,,t Lc.iCt: llul1 IO DOllffl • "'"1def11:1CDCy "llhlo 90 dai• ofony hrcO<h tllmot L....,, •-•o notify mo<tpp,c o,,dlo, i..-e by rqillicttd mo!~ 11 tl>t ~ t,:,,wn oJdreu prondcd ll> til< Corpora1ion. of ,..k doflw1 and 1-licroby..,..,. ID monpg,,e 1.1,J;oc ltuoc 6u do)~~• '"'"1 lbc d.,;c ofu:h oouu, !O a>n, ~•• dofllulL Fwtkr, Ibo """'Pe<C and,or i-:. wiU be I'""' JO cky,' _,, -of tho ttma.1"-1111d"""" of Mic ofdi< l!l'JPCl1! Ill..,,.;.,.-.-Ibo i,..,.,. ,, ,...,. !be "lib (od i.--1 at we i.-·, oplioe"' ro<nlO' 11w i.-.1 land, ,eU 1111 mo"""10d ~menu, ,oJ tou1te_.,,.., •• 1t1,o leoM:lwld. S.ld Nlomll be bcld 11pubbc ulc>t1hc !root doorof1hc Bald .. mCouruyCollttho.!so ,. F,nopo, /ll&boma, la< ca,~ 10 Ibo hlJl••11t bicldot, allo, 111vtng JO Jays wrinoo 001ioooflhe time, plot,, und tom11 of,ol< ••tc•br.T wltl, • deic:npuon of the propcny to be oeld by pubhil.l.Uoa·oDDC • week, for du'«! conw::u1we week,, in a ncW1paµ1!1 uf ,1tt:n1:1rn.l t:in;:ulatioo In Fairhope, AllabAm", ••~ Le-saor. 1cs ljg'Glll or 1tiltomc)', may c.o1Jduc:11IJl!.h 1.ulc 11nd tl.ecucc in the nt,'l'Lt oflhe Lt:~ proper conveya.1M:e oflht:: propony to tht: pwtbuct 'TI'lc: pm1::«-.fa; of .. ld u!e &ha.II apply flm 10 lM payment 0f lbe co.n of 1-lJd .. le. mtluding a ttl\t1011Jb!6' anom,cy'I li;i:, ill~~nd lO !ht: pi,ymcnl of the &melml of 111el inck:tndna5 (b1 c ludu1& 11 ?CJ.J0n.iblo anomcy'I Fu) and """"'"'-.. n1<h • ""'mol by ...,,,_ IC tho bold<,. thmiul. 1lnrd o, !IE_,. of..,,, -la lho Coipomil,n,. ..J ll>o lalamz, if any. ID llo ,-id.,.,.. l.dtco.. llooMle of 111< """'°''-""'""' bylb< !l,rq,,,<1111 p,o,;c-Jo,• ,hall tcnnm>,_ all ripls WIC!« lbla laac, I'°'"""'• 11,c p,Rt.-. U -ale, m p,nlwcc'a - -y -""1 llll)ll'O.,..._, QII 1hr \md v,id,m & ......,.i,1,, Im><-lk-=cd .. <O!Uwod b<n,,n U< "°' HC-ond tJ.: Le,,..-~ the fli!N IO p,nu< lft)' rumdies awllahle IO 11 4'! law lD. :IUl;b cvcm. fbe W50f' 1,h.tU 'be ~•md tt' RIJO\oQ • l'llbOm.blc: .nomay h Any 1t1d ID 111~n1111 u!iOCWm .,tlb ■n:y ~r11:1!!ncy, nol'ices, 1n1i~ L-ollcc:uoo e-O'brt.11, e1.1;;, boeOmr:: i:hc. n:!J}OIN!llb1l1tyi1od obl.iption oft~ l.&.~!lee. (7) The F1:hhopo Sm,1ci Tu Clrpomllon ugrcet1 that lD n.'la. of l\l dtisohni.on,. e.hhu by volwuiy 1e1. orl:c.. ,ncmbcni « (lf.borwllci, and d~ dlvislon of-In aucts Anli'.lng ;rs membcn tM; Lcac:c, if" mc{nhtr, 11,.111 tm cntitl.od Ill) l'm\i~ 11:>C' lamll here\J1 IX:lcrilcd and bsWT or 1111 mi..;h orn u 1hr Jaic11:11 ••1~ u.ludad 1a the. aklC''I pomoi,. 01 I!> 1<lllll nJnc"' thr """'• nc-<tf unpro-•~ oal II~ C<cocds ID vuvc ,udi p,o,ltm, "> JIU"'bo'" <ho""""" •1 oodl "li,w,,,o. II-• ~. tJ» USli.'lt -.y;t1 !.lll:l!i 'lllnt\\Cq11ft.title: ~ Lhc llin&! ~ID~ by _pa.)ine mthc"CarpiimlktO iu l(:lal.l WM! Qc.k,,r,,t t1f unp~I ~ a, (H} Ttl!I Fab'bapa Sing.le Tu: Corpnn11ot1 klicv.:s it(. llll• ~, lho l11nd.l ~ 1=JOd tQ be good, mL1 'Vdll ~ every ~r n11C.au• 1n itt PQWCr LO IIIIUttaln thic: ~; but It ~ dlllinctly undor,.t.,od tn>t die Co,pomlon, •cti.Ji11 0tol) ,.,,h the btne,olO!II PIITP""' 10 -land on4 Adm,nister it for tho bcnoftl or tho,,""" may 00.,in, ;,. .... llhlll 001 be: fM:ld U11bla-fur B.D}' lcssc~ ~lli"ng from defi,c.!1 in f11 i1tlo. (9) Tho F1>rnopc Sml!)c Tax Corp,,l>~on ••= lho nJl),1 "'..,..,,._,.of •II•• u,y pc,r<,>• of 1ho r...J ha-.md<,<ribo,I, for p<dilic -ooly, an poymeo1 of lix •Jll'ft"Cd Y>J,a of Ibo '"'fD"-"11 -Tho ,.,,,.. »rlln• pan,;,apll di> oor 1opply d:.ini; 1bc b.., • DIOl11,>&<-c>lll• oo 1k lcM<bold -Eld Iba .__,,_ PSTC911l'J 7'ti.t dut.11"'~"1 prtpQJ·«i b/ J.'a/rltfr(HI .W11gl,: T.cu C,mp,rulWl'I JJt FoJl"ltflJW A)'l"r.1¥ Table 3-1: Use Table for B zonings IZorung District IUses Categories I Specific Uses Cl .,!j -N t'? I"': V ' • 00 00 CD m c::J ~-elling Single-family • • • • • Two-family • • • • Townhouse 3 3 3 Patio Home ultiple-family Apartment 0 0 ,1anufactured Home I'-,· ed-use • • • • • Accessory Dwelling 3 3 3 .3 3 Estate Office General • • • • Prnfessional • • • • Home Occupation 3 .3 .3 .3 3 Retail Grocery • ·• • Gom•enienc.e Store .3 3 , 3 General:\ erchandise • • • Shopping Center • Automobile Service Station 0 0 Outdoor Sales limited 0 Outdoor Sales lot 0 Garden Center ·O 0 3 ZC 23.04 Rezo ning 491 Pine Avenue from B-4 to B-3(a) -September 7, 2023 Table 3-1 : Use Table for B z onings (Contin ued) Cl -N '-:1 I";! ,. I . tD 00 co m 00 Service Convalescent or :\Tursing Home 0 0 0 0 Clinic 0 0 0 Outdo or Recreation F acifuy 0 0 • 0 D ay Care 0 0 0 0 General Personal Services • • !\ ortuary or Funeral Home 0 0 A u tomobile Repair • Indoor Recreation • • 0 Dry Cleaner l laundty • 0 Personal Storage 0 3 3 Bed & Breakfast • Hotel 1 otel 0 • • Boarding House orDonnitory • • • Recre:ational Vehide Park 3 3 Restaurant 0 • 0 • Bar • 0 • Entertainment enue • 0 ruin.a 0 0 Kerme,l or A.nimalHospital 0 0 Warehouse Junk Yard or Salvage Yard 4 ZC 23.04 Rezo ning 49 1 Pin e Av enue from B-4 to B-3(a) -Septemb er 7, 2023 The Zoning Ordinance defines B-3(a) Business and Professional District as follows: "B-3a Tourist Resort Lodging District: This district is intended to provide commercial and resort areas at appropriate locations to serve the needs of tourists visiting the Bay Beaches and related recreational and cultural attractions. Commercial activities restricted to restaurants, which are attached to or are an integral part of the complex are permitted." See Art. Ill, Section A(12}. A Re-Zoning Request is considered a Zoning Map Amendment and the application is reviewed pursuant to the Criteria in Art. 11, Section B(l)(e). (1) Compliance with the Comprehensive Plan; Response: The 2015 Comprehensive Plan states that downtown Fairhope is the ultimate Village Center. The subject property is within downtown and meets the form, function, and design standards because it is a source for both tourists and locals. It accomplishes this as B-4 and as B-3(a), but probab ly more so as B-3(a) since the subject property will cater more to tourists; whereas B-4 i s business establishments of a professional nature and is restricted to offices and businesses that provide specific corporate functions or professional services to the general public. (2) Compliance with the standards, goals, and intent of this ordinance; Response: Meets. The current use is non-conforming in B-4, but will be compliant in B-3(a). (3) The character of the surrounding property, including any pending development activity; Response: Meets. Owners have stated that they do not have any further development plans currently. (4) Adequacy of public infrastructure to support the proposed development; Response: Meets. Already an existing structure with util ities and there are no plans for any additional demands on infrastructure. (5) Impacts on natural resources, including existing conditions and ongoing post-development conditions; Response: Meets. This zoning change wil l not negatively impact natural resources or current/future conditions. (6) Compliance with other laws and regulations of the City; Response: Meets. Any future development is subject to all applicable laws of the City. (7) Compliance with other applicable laws and regulations of other jurisdictions; Response: Meets. Any future development is subject to all applicable laws. (BJ Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and, 7 ZC 23.04 Rezoning 491 Pine Avenue from 8-4 to 8-3 (a) -September 7, 2023 Response: Staff does not anticipate any significant issues relating to this criterion currently. (9) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: Staff does not anticipate any significant issues relating to this criterion currently. Recommendation: Staff recommends approval of ZC 23.04. 8 ZC 23.04 Rezoning 491 Pine Avenue from 8-4 to 8-3 (a) -September 7, 2023 ArlidellI Zoning Districts ZOnin11 Distri ~l o' .rl i= .$, uses Categories / l J ~ ~ S'necifie, u,es DweUine: Sin•:le-fiunilv • • • Two-familv Townhouse 3 Patio Home Multiplc.tlmuly / Apartment Manufactured Home Mixtd-u.,;c Acccs.sorv Dwellin2 Esllllc Civic Elcmcntarv School • • Sccondilrv School • • Educalion Facilitv • • Librarv • • Place ofWOishin CCmClcrv 0 0 0 Hosollal Public ""'n S=0 c • • • Common r,,.,,. Smee • • • Commucitv Cen ter or Club 0 0 0 l;'ubticUtiitty 0 0 0 0 Office General Professional Home Occuoa.tilm 3 3 3 3 Retail Orocorv Convenience-Store General Merchandise Shoonin~ Ccn rc, Automobile Service Station Outdoor Sales Limited Outdoor Sales Lot Garden Center Setvice Convalescent or Nursio~ Home 0 0 0 Ctioic 0 0 0 Outdoor Recreation Facility 0 0 0 Day Care 0 0 0 General Pcraooal Services MortlUU'I or Funeral Home Automobile Krnair Indoor Recreation Drv Cleaner I Laundrv Per,;ooaJ Storage Bed & Breakfast Hotel / Motel Boardine: Rou.,;c or Dormitorv Recn!ational Vehicle Parle Rcstauraol Bar Entertainment V cnuo Marina Kennel or Animal Hosnital Warehouse Junk. Yard or Salva2c Yard Manuf8"tw:ln2 Limited Lfoh t General Food Processin~ Rural Aerieullurc • Rural Market • Plant Nurson, • • Penniued subjcet to general ordinance standards and condifions. 3 Pcnnillcd subject to special conditions listed in the ordinance 0 l'ennittcd only on appeal and subject to special conditions F.HRH0PL ZONING ORDINANCL 19 Sectio11B Allowed Use., Ta ble 3-1 : Use table :,:: Q c.. ~ .c § ~ u ~ C "' ~ ;;); "' ~ <-/ ~ 1" ; <'/ ~ !i: " " di Q di Q al ::;J c.. u • • • • • • • • • • • • • • • • • • 3 3 3 3 3 3 • • • 3 3 3 • 0 0 3 3 3 0 3 • • • • • • • • 3 3 3 3 3 3 3 3 3 • • • • • • • • • • • 8 • • • • • • • • • • • • • • a • • • • • • • • • • • 'E • • • • • • • • • • • • • 0 -~ • • • • -5 • 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 rJ 0 0 0 !l • • • • • • • • • 1 • • • • • • • • • • • • • • • • • 0 0 0 0 0 0 0 0 0. 0 0 0 0 .., 0 0 0 0 0 0 0 0 0 0 0 0 ;j 0 0 0 0 ~ • • • • • • -a • • • • • • • • • ~ • • • 3 3 3 3 3 3 3 3 3 3 ., 3 3 3 3 -5 .9 • • • • • "" • • 3 3 3 3 3 .!; 3 3 3 "E • • • • • ~ • • 0 • " 0 0 0 0 ;j 3 3 0. 0 0 0 c 0 0 0 0 0 0 ~ 0 0 0 0 0. 0 0 0 .s. " ;, 0 0 0 0 0 0 0 0 0 ., • • 0 .., 0 0 0 0 0 0 0 0 " 0 0 0 " 0 0 0 0 0 • 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 • • • • • • • .c • • il 0 0 0 0 l 0 0 0 • • • 0 0 • • 0 • • • • • 0 0 0 .l! 0 0 0 3 3 0 0 ,; 0 0 • • -1,l 0 • • • 0 0 • • Jj • • • • • C • • 3 3 3 3 § 0 • 0 • 0 "-• • • 0 • ., • • -5 • 0 0 .s 0 0 0 0 0 ~ 0 0 0 0 0 • • 0 0 0 0 • • • • 0 • • 0 • 0 DRIVEWAY EASEMENT MAINTENANCE AGREEMENT STATE OF ALABAMA COUNTY OF BALDWIN This D~iveway Easement Maintenance Agreement is entered into on the &rl· day of ~ , 2011, by and between JOHN T . RUDOLF, AIKJA JOHN THOMAS RUDOLF and SUZAN MEGREZ RUDOLF, hereinafter collectively referred to as "RUDOLF" . . WHEREAS, RUDOLF is the ~wner of certain leasehold property located in Fa irhopell]lOl! Baldwm County, Alabama, and described as follows , to wit: • I ! Commence at the point of intersection of the East r.o.w. of Bancroft Street and the South r.o. w. of said Oak Street in the City of Fairhope, Alabama and run thence East, ill along the South r.o .w. of said Oak Street, a d istance of 13 2 feet ; thence run South, ~;z~~~ a distance of 132 feet for a Point of Beginning: continue thence South, a distance of ~j::: .,.~ 132 feet ; thence run East, a distance of 165 feet; thence ru11 North, a distance of 132 j~!"""' feet; thence run West, a distance of 165 feet to the P .O.B. Tract contains 0.50 acres, z= ~ • .. more or less ~d lies in the NW 1/4 o f Section 17, Township 6 South, Range 2 East, !:ii.ii Saint Stephen's Meridian, Baldwin County, Alabama. 1 OQ;:::ll:~~ ... WHEREAS , RUDOLF has caused the above described parcel of property to be replatted and divided into two separate parcels of property known as Parcel, "A" and Parcel "B", as is shown on a replat of said property, dated the 24th day of April, 2009, and recorded at Slide No. 2430-D, in the Office of the J udge of Probate.of Baldwin County, Alabama, a copy of said replat is attached hereto as Exhibit "A" and made a part hereof; WHEREAS, Parcel "A" of said replat is described as follows, to wit: Commence at the point ofintersection of the East right-of-way of Bancroft Street and the South right-of-way o_f Oak Street in the City of Fairhope, Alabama and run thence East, along the South right-of-way of said Oak Street, a distance of 132.0 feet; thence run South, a distance· of 132.0 feet to a "round head bolt marker for a · POINT OF BEGINNING: Thence run South 89° 55'30"· East, 50.0 to ·an iron pin marker; thence run South, 131.9 feet to an iron. pin marker on the N_orth margin of "Pine Street"; . ~: ~: fii ~-fl; ~! ' -'. thence run North 89°54' West, along-the North margin of said street, 50.0 feet to an iron pin marker; thence run North, 131.9 feet to the Point of Beginning. Parcel contains 0.151 acres, more . or less (6,595 sq.ft.), and lies wimin the Northwest Quarter of Section 17, Township 6 South, Range 2 East, Baldwin County, Alabama. TOGETHER WITH a 1-5 foot wide Driveway Easement to provide.ingress and egress described as follows, TO.,WIT: Commence at the point ofintersection of the East right-of-way of Bancroft Street and the South right-of-way of Oak Street in the City of Fairhope, Alabama and run thence East, along the South right-of-way of said Oak Street, a distance df 132 .0 feet; thence run South, a distance of 132.0 feet; thence run South 89 ° 55'30" East, 50.0 feet to an iron pin marker; thence run South, 32.7 feet to an iron pin marker for a POINT OF BEGINNING: Thence run East, 15.0 feet to a nail and cap marker; thence run South, 99.25 feet to a nail and cap marker in the North face of a 36-inch Oak Tree on the North margin of "Pine Street"; thence run North 89°54' West, along .the North · ·margin of said street, 15.0 feet to an iron pin.marker; thence run North, 99.2 feet to the Point of Beginning. Easement lies within the Northwest Quarter of Section 17, Township 6 South; Range 2 East, Baldwin County, Alabama. WHEREAS, Parcel "B" of said replat is d escribed as follows, to wit: Commence at the point of intersection of the East right-of-way of Bancroft Street and the South right-of-way of Oak Street in the City of Fairhope, Alabama and run thence • East, along the South right-of-way of said Oak Street, a distance of 132.0 feet; thence run South, a distance of 132;0 feet to a round head bolt marker; .thence run South 89°55'30" East, 50.0 feet to an iron pin marker for a POINT OF BEGINNING: Thence continue South 89°55'30" East, 114.8 feet to an opentop iron pipe marker; thence run South, 132.0 feet to a concrete block m~ker on the North margin of "Pine ··Street"; thence run North 89 °54' West, along the North margin of said street, 115.0 feet to an iron pin_ marker; thence run North, 131.9 feet to the Point of Beginning. SUBJECT TO a 15 foot wide Driveway Easement over and across a portion of the West margin thereof to provide ingress and egress. Parcel contains 0.348 acres, more or less, (15,161 sq.ft.), and lies within the Northwest Quarter of Section 17, Township 6 South, Range 2 East, Baldwin County, Alabama. WHEREAS, said replat shows a "·15 Foot Wide Driveway Easement", which is a part of Parcel "B'' and which provides ingress and egress to bQth Parcel "A" and Parcel '·'B" and is described as follows, to wit: Commence at the point of intersection ~f the East right-of-way of Bancroft Street and • the South right-of-way of.Oak Street in the City of Fairhope, Alabama and·run thence E!!st, along the South right-of-way of said Oak Stre~t, a dis_tance of 13i.O feet; thence ~ South, _a distance of 132.0 feet; thence run South 89°55'30" East, 50.0 feet to an iron pin marker; thence run South; 32.7 feet-to an iron pin marker for a POINT OF B!:G INNING : Thence run East, 15. 0.f eet to a nai I and cap marker; thence run South, 99 .25 feet to a nail and cap marker in the North face of a 36-irich Oak Tree on the North margin oJ"Pirie Street"; thence run North 89°54' West, along the North margin of said ·street, 15.0 feet to an iron pin marker; thence run North, 99.2 feet to the Point of Beginning. Easement lies within the Northwest Quarter of Section 17, Township . 6, South, Range 2 East, Bal_dwin County, Alabama. • WHEREAS~ RUDObF. anticipates that Parcel "A" and Parcel "B" will, at some time in . • the future, be sokfto different persons or eritities, ~nd for· that reason, RUDOLF wishes t(? enter into this Driveway Easement Maintenance Agreement defining the rights a!:1d obl.igations which . . the future leasehoid .owners of Parcel "A'~ and Parcel "B" ha~e regarding said I~ foot wide driveway easement. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and : other good and valuable consideration and the covenants and agreements contained herein, RUDOLF does hereby agree .and bind themselves as follows·: 1. The above described ':'15 Foot Wide Driveway Easement" shall be a part of the -leasehold property known as Parcel "B", however, said "15 Foot Wide Driveway Easement" •. shall provide ·ingress and egress to both Parcel "A" and Parcel "B". 2. This Agreement shall be deemed to be a covenant _running with the land and shall be binding upon the future leasehold owners of Parcel "A" and Parcel "B" and their personal • representatives, successors, and assigns. -• • • . . • J . • 3_. The leasehol<;i owners of Parcel "A" and Parcel "B" shall share equally in the ordin.µ-y . . . and necessary maintenance and repair of said easement and shall maintain said easement in a like or simil~ condition as exists at the time of the executiori of tbis Agreement. . . • ·4. Should any utili!ies or other similar i~pro~ements need to be placed within the easement which shall be for the mutu~l benefit of bot h Parcel "A" and Parcel "B", then, and in that event, the leasehold owners of both Parcel "A" and Parcel "B" shall be ·equally responsible ' . •. . - for the cost of placing such improvements within the easement and shall al so be equally . . resp~nsible for returning the ease111en.t to the same condition as it existed prior to such ' . -' • improvemerits being placed within the easement. 5. Should any utilit ies or other similar improvement$ need to b~ placed within the easement which shall be for the exclusive be~efit of either Parce l "A" or Parcel "B", then; and in that event, the leasehold owner of the parcel .which ~hall benefit from such improvement s shall . J . . be solely r~sponsible for the cost of placing such improvements within the easement at)d shall _ also be·solely responsible for the cost of returning the easement to the same condit ion as it · existed prior to such improveme11ts being placed within the ease~ent. - • 6. Should the leasehold owner of Parcel "A" or Parcel "B", their agents, employees, contractors, or subcontractors, cause ariy damage to sai~ easement, without any fault of the other leasehold owner, then, and in that event , that leasehold owner causing -the damage shall be sol'ely r<;:sppnsible for the repair of such damage. 7. Should it be necessary for one leasehold owner to pursue legal action against the o ther leasehold ·owner, for the enforcement of any o f the terms and conditions of this Agreement, then, and in that.event, the prevailing party in such legal act i~n shall be entitled to recover all reasonable costs incurred in ·pursuing 'this legal action, including, but not limited to, a ·reasonable attorney's fee. 7112/23, 2:13 PM Detail Information TYPE LAND REF DESCRIPTION 0.000 Acres Building Components Tax Sales **NO TAX SALES FOUND** © 2023, All Rights Reserved. Parcel Summary -AssuranceWeb Property LAND USE TC HS PN APPRAISED VALUE 9110-VACANT RESIDENTIAL 2 N N $221,000 https:l/batdwinproperty.countygovservices.com/Property/Summary?taxyear=2023&ppin=389630 2/2 Figure 3 : Aerial with 30ft setback at The Colony . 3 ZC 23.05 Hill Top PUD Amendment-September 7, 2023 Ordinance No. 1736 Page -2- ~ 1n general the project is restricted for resldenltal use. Tile uses are specifically described wilhin the Site Plan and Master Development Plan Lhat include: 36 Single Family Residen1ial Lots l Mixed -Use Lot Dimension Standards: Dimensional standards shall follow the layoutoo the approved site plan , inglc Famlh · Residenlial Development: Density: 1.43 UPA. Lots: Lots 1-28 & Lots J0-37 shall be based on.R-1.Low Density Single-family Residential Distr,ict , witb minor differences illustrn1ed n the Site Plan , Use: Lots shal l be single fam1ly residential. Setback : Fron1-J0'1 Rear-30', Side -HI', and Street Side -20-. Principle Structure Lot Coverage: Shall not e.xceed 48% of the total lot. Building 1-leigbt: Maximum building height shall not exceed 30 '. Lot Size: inimurn lot size shall be 15,000 square feet. Lot 29: Use: Lor. 29 will bave its own access from South Section Street. Developer proposes a unique opportuni1y to create wtthin a similar fout •prin!. and in accordanc;e with fbe Hilltop Building Standards , a Comm unity House. Designed to foster connections and serve as common ground for the surrounding neighborhoods. Allowed uses within the Communi ty Hou ·e would include a <.-afe. (potentially offering c;offee, bak.ery goods, beer and wine. and lilJlited food i'lems), bed and breakfast ~-uits, fitness, yoga, arts, craft·, small gal11--ry, or professional office space. 'Titis developmem .,trategy a llows the opportunity to create. community green space and outdoor dining possibilities. In design of the Lot 29 structures with the topography ond sbapc of the lot, the second floor may be below the main floor , The structures o n Lot 29 shall have a maximum structur e h1:ighl of two storit:s. Resid ential uses will be restricted 10 above or below the main floor , Mai11 0oor shall be designated as the floor at street level. Structures shall have a maximum bullding footp r int of3,600 square. feet or a total 5,600 square feet (both floors). Cafe and market uses shall provide for no more thao 65% of the toJa l density. No other use shall provide for morl' than 50% of the total density. Landsca-ping for lot 29 shall meet' tl10 design requirements ofthe City of Fairhope based utf the determined use. Additional p lanti ng huffers will be installed along adjacent property lfoe s as buffers lo preserve-privacy. In the event tbat this development slraleg is d tem1i11ed nc,t l(l be feasible Lot29 would revert to the same designa1ion as the remain ing lots. Setbacks: front - I 00' from Section Street centerline, Rear -30', Side -I 0 '. ru1d Street Side -20'. Princip!ec Structure Lot Coverage: J ,600 SF.