HomeMy WebLinkAbout10-02-2023 Planning Commission Agenda PacketSeptember 7, 2023
Planning Commission Minutes
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The Planning Commission met Monday, September 7, 2023, at 5:00 PM at the City Municipal Complex,
161 N. Section Street in the Council Chambers.
Present: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar; Hunter
Simmons, Planning and Zoning Director; Mike Jeffries, Development Services Manager; Michelle
Melton, City Planner; Chris Williams, City Attorney; and Cindy Beaudreau, Planning Clerk.
Absent: Jack Burrell, Clarice Hall-Black, Erik Cortines
Chairman Turner called the meeting to order at 5:10 PM.
Approval of the Minutes August 15, 2023:
Jon Worsham made a motion to approve the minutes from the August 15, 2023.
Rebecca Bryant seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar
NAY: None.
Chris Williams reminded the Planning Commission that they have a 5-person quorum a vote of 4 is
required to take any action. A vote of 3-2 would not pass.
Old/New Business:
John Worsham made a motion to confirm the annual public participation forum for the October 2, 2023,
meeting.
Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar
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, presented all three cases at one time:
Riverhorse, Tracery and Trentino. Mr. Simmons showed the pedestals for the cable and stated that staff
does recommend approval, but staff has not received the revised plans. Mr. Simmons stated that an
action must be taken during this meeting and listed the actions of recommend complete approval, denial,
or to table the request. If the Planning Commission recommends approval, Mr. Simmons asked that the
approval is conditioned on staff receiving revised plans before releasing construction permits.
Brandon Johanson, Mediacom, 1613 Nantahala Beach Road, Gulf Breeze, FL explained that there was
a misunderstanding about staff needing revised plans. Mr. Johanson stated that he would provide revised
plans to staff this month. Chairman Turner suggested that Mediacom allow the Planning Commission
to approve the request subject to receipt of revised plans.
September 7, 2023
Planning Commission Minutes
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Rebecca Bryant stated that she remembered the revised plans would include a reduction in quantity of
the pedestals and that they may be able to be placed behind the houses in Trentino. Mr. Simmons agreed
with Ms. Bryant’s recollection. The revised plans should include locations of pedestals, reducing the
number and locations of other existing equipment from other utilities and try to locate in the same
vicinity.
Staff recommends approval subject to the following conditions:
1. A pre -construction meeting shall be held with the City prior to issuance of any permits.
2. Consultation with the City’s horticulturalist, to determine if the required depth of bore must be
increased so that no trees are impacted by the project. The contractor is responsible for any
damaged trees.
3. At all street crossing locations, conduct potholing to determine exact location and elevation of
existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole
locations on a set of as-built drawings.
4. An additional right-of-way permit may be required for the potholing procedures.
5. Follow-up activities below required by staff and the applicant:
6. Upon satisfactory review and approval by ROW Construction Inspector, as-builts will be
submitted to the mapping technician for inclusion in GIS utility maps as needed.
7. Provide draft door hanger for approval at time of pre-construction.
8. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work.
9. Ensure enough space for proposed work is available within existing easement, if not applicant is
responsible for either expanding existing easement or acquiring an additional easement.
10. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day).
11. Utilities boxes shall be concentrated near existing boxes.
12. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,
unless otherwise required by the Fairhope Building Department.
Motion:
Hollie MacKellar made a motion to approve UR 23.08, with staff recommendations and revised plans
prior to issuance of construction permits.
Harry Kohler seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar
NAY: None.
UR 23.11 Request of Mediacom for an 11.52.11 Utility Review and approval of the proposed
installation of approximately 3,369 LF of buried coaxial cable in the City ROW in the Riverhorse
Subdivision.
Staff recommends approval subject to the following conditions:
1. A pre -construction meeting shall be held with the City prior to issuance of any permits.
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2. Consultation with the City’s horticulturalist, to determine if the required depth of bore must be
increased so that no trees are impacted by the project. The contractor is responsible for any
damaged trees.
3. At all street crossing locations, conduct potholing to determine exact location and elevation of
existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole
locations on a set of as-built drawings.
4. An additional right-of-way permit may be required for the potholing procedures.
5. Follow-up activities below required by staff and the applicant:
6. Upon satisfactory review and approval by ROW Construction Inspector, as-builts will be
submitted to the mapping technician for inclusion in GIS utility maps as needed.
7. Provide draft door hanger for approval at time of pre-construction.
8. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work.
9. Ensure enough space for proposed work is available within existing easement, if not applicant is
responsible for either expanding existing easement or acquiring an additional easement.
10. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day).
11. Utilities boxes shall be concentrated near existing boxes.
12. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,
unless otherwise required by the Fairhope Building Department.
Motion:
Rebecca Bryant made a motion to approve UR 23.11, with staff recommendations and revised plans
prior to issuance of construction permits.
John Worsham seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar
NAY: None.
UR 23.12 Request of Mediacom for an 11.52.11 Utility Review and approval of the proposed
installation of approximately 4,495 LF of buried coaxial cable in the City ROW in the Trentino
Subdivision.
Staff recommends approval subject to the following conditions:
1. A pre -construction meeting shall be held with the City prior to issuance of any permits.
2. Consultation with the City’s horticulturalist, to determine if the required depth of bore must be
increased so that no trees are impacted by the project. The contractor is responsible for any
damaged trees.
3. At all street crossing locations, conduct potholing to determine exact location and elevation of
existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole
locations on a set of as-built drawings.
4. An additional right-of-way permit may be required for the potholing procedures.
5. Follow-up activities below required by staff and the applicant:
6. Upon satisfactory review and approval by ROW Construction Inspector, as-builts will be
submitted to the mapping technician for inclusion in GIS utility maps as needed.
September 7, 2023
Planning Commission Minutes
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7. Provide draft door hanger for approval at time of pre-construction.
8. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work.
9. Ensure enough space for proposed work is available within existing easement, if not applicant is
responsible for either expanding existing easement or acquiring an additional easement.
10. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day).
11. Utilities boxes shall be concentrated near existing boxes.
12. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,
unless otherwise required by the Fairhope Building Department.
Motion:
John Worsham made a motion to approve UR 23.12, with staff recommendations and revised plans prior
to issuance of construction permits.
Harry Kohler seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar
NAY: None.
SD 23.17 Public hearing to consider the request of the Applicant, Dewberry Engineers, Inc., acting on
behalf of the Owner, DR Horton, Inc. – Birmingham, for Final Plat approval for Laurelbrooke Phase I.
The property is approximately 59.72 acres and is located on the east side of State Highway 181 and north
of County Road 24. PPIN #34129
Chris Williams, City Attorney, excused himself from this discussion.
Summary: Mike Jeffries, Development Services Manager, presented the request for Phase I of a 51-lot
subdivision on the east side of State Highway 181 and north of County Road 24. The subject property
is outside of the City of Fairhope municipal limits. Mr. Jeffries showed the zoning and aerial maps and
the site plan along with some of the amenities. Mr. Jeffries shared aerials of the tree mitigation area and
current photos of some of the amenities. Mr. Jeffries showed a photo of the detention area and explained
that a synthetic mat had been added to help with landscaping.
Mr. Jeffries shared the following Follow-Up Activities:
• 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, the 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 train 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.
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• 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 packed 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.
• Landscaping/Screening needs to be added around the northwester 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, hydroseed 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)
Mr. Jeffries shared the following punch list items:
• The 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 that 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 the ALDOT ROW are completed to their
satisfaction.
Staff recommends Conditional Approval of SD 23.17 – Laurelbrooke Phase I 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. Completed inspection report from the Baldwin County Building Department for structural integrity
of the tree house.
4. Solution for Landscape Mitigation and Maintenance.
Ms. Bryant asked if there was a format to bond the landscape. Chairman Turner suggested waiting for
the engineer to address.
September 7, 2023
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Justin Britt, Dewberry, 25253 Friendship Road, Daphne, responded to the concern by Chairman Turner
about plans to keep the mitigated trees alive. Mr. Britt stated that there is not a format to bond the trees,
but the owner may verbally agree to keep the trees alive. Ms. Bryant stated that much of the trust is gone
following the contractor removing the 75” live oak. Mr. Britt stated that it was the contractor, not the
owner, that removed the tree. Ms. Bryant reiterated that, most likely, it would be a contractor watering
the landscaping, not the owner. Chairman Turner asked if Phase II had been brought to the Planning
Commission. Mr. Simmons stated no, but they should see it soon. Mr. Britt stated it would be next
month. Mr. Simmons stated that, typically, there would be ways to mitigate this, but due to jurisdictional
changes, this is not in any building jurisdiction. Once this project is over, the only thing staff will have
lingering is the maintenance bond for utilities. All the permits for the buildings will come from Baldwin
County, so we are unable to hold up COs and we cannot tie it into the existing maintenance bond. A
performance bond is not appropriate because the trees have been installed. Other places have come up
with a simple warranty bond. Chairman Turner does not believe that we could write a bond now. We
are at a point where we have to trust, knowing the lots will be worth more if the areas are more attractive
and look nice. Mr. Simmons stated that a representative, stating publicly, committing to keep the trees
alive could suffice. Ms. Bryant asked if the homeowners could go after the developer. Could the
commitment be enforced by the homeowners and buyers? Mr. Simmons stated that anything stated in a
public meeting should be able to be enforced by the City of Fairhope. Mr. Jeffries stated that even with
a verbal commitment, a timeline should be listed. He suggests a two-year time limit.
Taylor Henseler, DR Horton, 103 Spanish Fort Center, Daphne, committed to keeping the trees alive
and stated that they are reinforcing the tree house. Mr. Simmons asked if Baldwin County requires
permits for that type of structure. Mr. Henseler stated that he is sure that they do.
Chairman Turner opened the public hearing at 5:35pm with no one present to speak, the public hearing
was closed at 5:35pm.
Motion:
John Worsham made a motion to approve SD 23.17 with staff conditions.
Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar
NAY: None.
ZC 23.04 Public hearing to consider the request of Applicant, Ryan Baker, Walcott Adams Verneuille
Architects, acting on behalf of the owner, Phillip Goodwyn, to rezone property from B-4, Business and
Professional District to B3a, Tourist Resort Lodging District. The property is approximately 0.15 acres
and is located at 491/493 Pine Avenue. PPIN #14838, #65661
Chairman Turner explained that zoning cases are different from other cases because the Planning
Commission does not vote to approve zoning cases. The Planning Commission votes to recommend
whatever the vote may be to the City Council. Mr. Simmons added that the zoning case will be held
during two meetings of the City Council.
September 7, 2023
Planning Commission Minutes
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Summary: Michelle Melton, City Planner, presented the request of the applicant to rezone the property
from B-4 to B3a. Ms. Melton shared the zoning map and a photo of the property. The owners intend to
keep the structure as a duplex. Ms. Melton shared the differences between the B-4 and B3a zoning. Staff
recommends approval of ZC 23.04.
Chairman Turner asked if restaurants need to be approved by the Board of Adjustments. Ms. Melton
agreed. Mr. Simmons added that the request was to be able to use the 2-unit duplex as a short-term
rental. Any zoning request requires staff to review all other conditions. Chairman Turner stated that he
likes the short-term rentals but asked if there were any setback differences between B-4 and B3a. Mr.
Simmons stated there are differences in the setbacks and that there is the ability to have the B3a on the
cusp of the CBD.
Ms. Bryant was confused by the term of bed and breakfast. Ms. Simmons stated that is a use of the B3a.
If it were a bed and breakfast, another review would be required. Hollie MacKellar stated that there had
been discussions about extending the CBD and having an overlap to prepare for the growth. Mr.
Simmons stated that there has not been a consensus of extending the CBD.
Ryan Baker, 1 South School Street spoke that the owners want to do short term rentals. Because this is
a small parcel, it would be hard to do mixed use or restaurant. The goal is to turn the duplex into short
term rental when needed. Owner, Phillip Goodwyn, 497 Pine Avenue, explained that an easement is
shared between the two properties. The plan is to relandscape behind it to make it more of a hideaway
for someone to stay short term. The do not plan to cut any trees or tear any houses down.
Chairman Turner opened the public hearing at 5:51pm.
Dean Mosher, 456 Oak Avenue, spoke in support of the owners.
The public hearing was closed at 5:52pm.
Motion:
John Worsham made a motion to recommend approval of ZC 23.04 to the City Council.
Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar
NAY: None.
ZC 23.05 Public hearing to consider the request of Applicant, Jade Consulting, LLC, acting on behalf
of the owner, Two Hands Design and Development LLC, to amend Hill Top PUD – Lot 29 setback from
100’ to 20’. The property is approximately 1.14 acres and is located on the west side of Section Street
and south of Petiole Dr. PPIN #389630
Summary: Hunter Simmons, Planning and Zoning Director, presented the request of the applicant to
amend the Hill Top PUD – Lot 29 setback from 100’ to 20’. The property annexed in as a PUD. The
approved PUD states that the setback is 100’ from the center of Section Street. That is a county regulation
for a construction setback. Staff worked with the applicant and agreed that a 30’ setback from the front
property line is more appropriate. Mr. Simmons shared the zoning and aerial maps and the two revised
paragraphs for the Hill Top PUD Ordinance. Mr. Simmons showed the original plat with the 100’
September 7, 2023
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construction setback and the proposed aerial of the 30’ setback which would align with the homes. The
30’ setback allows a structure to be built on flatter land. Mr. Simmons explained further landscaping will
be required to fill in the buffer. Staff recommends approval of ZC 23.05 to amend the front setback for
Lot 29 from 100’ as measured from the centerline of Section Street to 30’ as measured from the property
line; and add the two proposed paragraphs clarifying the intent of Lot 29.
Mr. Simmons addressed the comments received from the residents. The preliminary plat was approved in
2019 creating Lot 29. At that time, it was unzoned. The property was final platted in August 2020 and in
November 2021, the Planning Commission discussed the original PUD which confirmed the uses and
went twice to the City Council in 2022. Much of this was approved prior to the sale of some of the homes.
Trey Jinright, Jade Consulting, 208 Greeno Road, explained that the request is only to amend the setback
from 100’ construction setback to 30’ front setback. Chairman Turner asked for the net sum difference.
Mr. Jinright stated that it is close to a 20’-30’ difference. The goal is to pull it away from the waterway in
the back to give flexibility to place the building along the highway. Mr. Jinright envisions this as an
entryway into the downtown area as a cornerstone. When the request was originally approved, the uses
were restricted to neighborhood use type facilities. With the reduction in the setback, he agreed to add
some architectural standards so the structures will have a residential feel. Once the uses are established,
the buffers will be included which should address some concerns of the residents. Parking will be on the
side or to the rear of the structure.
Chairman Turner opened the public hearing at 6:02pm.
Kendall Douglass, 147 Hyacinth, explained that they put an offer on a house prior to the PUD being
approved. They did not receive any notifications at that time. He was unaware of any zoning changes prior
to receiving notification of this meeting. He does agree with the setback change but is concerned about
the parking and is unsure if the buffer will help with noise of a gravel parking lot. He asked about moving
the setback on the southern portion of Lot 29. Chairman Turner asked if this would come back for a site
plan review. Mr. Simmons stated that it is unlikely unless the height on the mixed use would trigger it and
explained that moving the setback is just about the placement of the building which is currently proposed
approximately 80’ from the south property line. Mr. Simmons explained that there are two more public
hearings through the City Council regarding this property where Mr. Douglass would be allowed to speak.
Geri Cope, 151 Hyacinth, spoke. She is the middle home. She asked if the building could be placed closer
to the north. She asked if ribbons could be tied around the trees so they would not be accidentally cut
down. Mr. Simmons explained that the developer has taken great care with the trees in that development.
Chairman Turner explained that there are tree protection ordinances. She asked if they would be informed
of any future meetings. Mr. Simmons stated that the fully amended ordinance will be advertised and will
be placed on two of the City Council agendas.
Frank Vitello, 20040 Highway 181, is a real estate broker. He was involved in the sale. He believes the
issue is with the RSA not the developer. He is concerned about the clients that will be in the building,
specifically the coffee shop and exercise studio. The amount of traffic off Section Street is a concern. Mr.
Vitello asked if a restriction can be placed on the volume of traffic. Chairman Turner explained that the
PUD has been approved already as is. Ms. Bryant explained that the residents may have been given
misinformation prior to the purchase of their home. Ms. Bryant stated that she had not considered the
noise of a gravel drive, but a different pervious surface may be better.
September 7, 2023
Planning Commission Minutes
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The public hearing was closed at 6:18pm.
Motion:
John Worsham made a motion to recommend ZC 23.05 to the City Council to amend the front setback on
Lot 29 from 100’ from the center of Section Street to 30’ from the property line and add two proposed
paragraphs to the Ordinance.
Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar
NAY: None.
Executive Session – To discuss pending or potential litigation pursuant to Alabama Code Section 36-
25A-7(a)(3)
Attorney Chris Williams made a declaration to move to Executive Session to discuss pending litigation.
He does not anticipate any action needed following the Executive Session.
Motion:
John Worsham made a motion to close the public meeting and move to Executive Session and the motion
carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar
NAY: None.
The Commissioners left the dais at 6:20 p.m.
The Commissioners returned to the dais at 7:22 p.m.
Adjournment
John Worsham made a motion to adjourn.
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Hollie MacKellar
NAY: None.
Adjourned at 7:23pm.
_______________________ ________________________
Lee Turner, Chairman Cindy Beaudreau, Secretary
FAIRHOPE PLANNING COMMISSION DEADLINES 2024
AGENDA IS SUBJECT TO CHANGE BY PLANNING COMMISSION
Meeting Date, 5:00 PM
Submittal Deadline, 9:00 AM
Thursday, January 4, 2024
*Moved due to New Year’s Day Holiday
Tuesday, November 28, 2023
Monday, February 5, 2024
Tuesday, December 26, 2023
Monday, March 4, 2024
Tuesday, January 23, 2024
Monday, April 1, 2024
Tuesday, February 20, 2024
Monday, May 6, 2024 Tuesday, March 26, 2024
Monday, June 3, 2024 Tuesday, April 23, 2024
Monday, July 1, 2024
Tuesday, May 21, 2024
Monday, August 5, 2024 Tuesday, June 25, 2024
Thursday, September 5, 2024
*Moved due to Labor Day Holiday
Tuesday, July 23, 2024
Monday, October 7, 2024 Tuesday, August 20, 2024
Monday, November 4, 2024 Tuesday, September 24, 2024
Monday, December 2, 2024
Tuesday, October 22, 2024
Monday, January 6, 2025
Tuesday, November 26, 2024
PLANNING COMMISSION MEETINGS ARE HELD IN THE COUNCIL CHAMBERS, FAIRHOPE
MUNICIPAL COMPLEX AT 161 N. SECTION STREET.
IT IS THE RESPONSIBILITY OF THE APPLICANT TO SEE THAT ALL SUBMITTALS ARE MADE IN A
COMPLETE AND TIMELY SEQUENCE, AND TO HAVE THE CASE PRESENTED BEFORE THE
COMMISSION AT SCHEDULED MEETINGS.
**INCOMPLETE SUBMITTALS WILL NOT BE PLACED ON THE AGENDA.**
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.
COUNTY RD 48NORTHWOOD STRIVERMILLDREASTWOOD AVE
SOUTHWOOD STSALVADOR STBLUEBERRY LNRIVERMILLDRLAWRENCE RDBROWNINGLNWESTWOOD AVE
KNOLLWOODAVE
MARILYN AVE
PETZ AVE
GILBREATH AVE
MCNIEL DAVIS LNCity of FairhopePlanning Commission
October 2, 2023
¯
COUNTY RD 48
PETZAVE
NORTHWOOD STCABOT LNEASTWOOD AVE
SOUTHWOOD STWESTWOOD AVE
MCNIEL DAVIS LN
UR 23.13 - River Station, C-Spire
Legend
Proposed Work Area
Roads
Parcels
Corporate LimitsZoning Classification
PUD - Planned Unit Development
R-1 - Low Density Single-Family
R-2 - Medium Density Single-Family
R-3 - High Density Single-Family
Planning Jurisdiction
^
Project Name:
River Station, C-SpireSite Data:
5,688 Linear FeetProject Type:
Fiber InstallationJurisdiction:
Fairhope Planning JurisdictionZoning District:
R-1PPIN Number:
N/AGeneral Location:
North side of County Road 48, East of
River Mill DriveSurveyor of Record:
Delta FiberEngineer of Record:
Delta FiberOwner / Developer:
C-SpireSchool District:
Fairhope Elementary School
Fairhope Middle and High Schools Recommendation:
Approved w/ ConditionsPrepared by:
Chris Ambron
µ
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2 UR 23.13 C-Spire – October 2, 2023
Summary of Request: Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed
installation of approximately 5,688 linear feet of buried fiber along routes outlined on the below location
map.
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3 UR 23.13 C-Spire – October 2, 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 23.13 C-Spire – October 2, 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 23.13 C-Spire – October 2, 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 23.13
S MOBILE STPADDOCKDR
NELSON DR
SCENICHWY98BAY POINTE CT
PADDOCK DRHEARD RDMOLO
K
A
I
L
N WESTONLNSAGGINOAKS CT
City of FairhopePlanning Commission
October 2, 2023
¯
NELSON DR
SAG G I NO AKS C T
SD 23.25 - Moffett's Way
Legend
Roads
Parcels
Corporate LimitsZoning Classification
B-1 - Local Shopping District
R-1 - Low Density Single-Family
R-3 - High Density Single-Family
Planning Jurisdiction
^
Project Name:
Moffett's WaySite Data:
2.58 acresProject Type:
3-Lot Minor SubdivisionJurisdiction:
Fairhope Planning JurisdictionZoning District:
R-1PPIN Number:
44034General Location:
East of Scenic Hwy 98, North side of
Nelson Dr.Surveyor of Record:
Moore Surveying IncEngineer of Record:
Owner / Developer:
Deborah MoffettSchool District:
Fairhope Elementary School
Fairhope Middle and High Schools Recommendation:
Prepared by:
µ
µ
Approve with Conditions
Mike Jeffries
1 SD 23.25 Moffett’s Way Minor Subdivision - October 2, 2023
Summary of Request:
The owner is Deborah Moffett. Seth Moore of Moore Surveying, Inc. is the authorized agent for the project.
This application is for Moffett’s Way, a 3-lot minor subdivision approximately 2.58 acres and is located at
6125 Nelson Drive. The subject property is zoned R-1 - Low Density Single-Family Residential District. There is
an existing residence on proposed Lot-1. The site data table is below:
General Comments:
All lots are within 450 feet of a fire hydrant and each lot fronts Nelson Road and meets the minimum lot
requirements.
The proposed subdivision according to Fairhope’s Subdivision Regulations is a minor subdivision and has been
reviewed accordingly. The proposed subdivision does not include the building of any additional infrastructure
or improvements therefore a tree protection plan, landscape plan, and other criteria required for a major
subdivision is not applicable. The proposed subdivision did not trigger a traffic study.
Fairhope’s Subdivision Regulations Article VI Section D requires the provision of sidewalks along all streets in
the Planning Jurisdiction of Fairhope. Sidewalks do not currently exist along Nelson Rd. The nearest sidewalk
is over 440 feet to the west on S. Mobile St. and there are not sidewalks to the east. The applicant has
provided a 15’ sidewalk easement along Nelson Rd. and requests not to be required to install the sidewalk at
this time.
Final plat must be recorded within 120 days of approval.
Drainage Comments:
The existing flow patterns are not being changed.
Utility Comments:
Water, sewer, and gas are provided by the City of Fairhope. Power is provided by Riviera and AT&T is the
telecommunications provider.
- Due to the water conservation the Water Department has suspended all fire flow testing. As a
condition of approval, the Flow-Modeling shall be done and approved prior to the signing of the
plat.
SIT E DA TA:
1. Total Number al Lats 3,
Project Size 2.583+/-Acres
Smal lest Lat 36,380+/-Square Fee t
Larges t Lot 39,050+/-Acres
2. The Lots are served by
AT & T Commun ications (B ELLSOUTH) -Telephone,
City of Fairhope Water, Gas, sewer
Rivie r a -Power
3. Property lies Inside the City of Fairhope.
4. Property is Zoned R-1.
5 .
Minimum Build ing Setbacks
FRON T 40 Feet
REAR 35 Feet
SIDE 10 Feet
Un less Otherwise Noted Hereon .
Drainage &
Front
Rear
Side
Uti lity Easemen t s
15 feet
15 feet
15 fee t or
7.5 feet Inte r ior Lot Lines
2 SD 23.25 Moffett’s Way Minor Subdivision - October 2, 2023
Connectivity:
The applicant has provided a 15’ sidewalk easement across the front property line.
Comments:
The City of Fairhope Subdivision Regulations contain the following criteria in Article V.B.2. Approval Standards.
“2. Consistency with Plans, Regulations and Laws - The Planning Commission shall not approve the
subdivision of land if the Commission makes a finding that such land is not suitable for platting and
development as proposed, due to any of the following:
a. The proposed subdivision is not consistent with the City’s Comprehensive Plan, and/or the City’s Zoning
ordinance, where applicable;
• Meets
b. The proposed subdivision is not consistent with the City’s Comprehensive Plan or any other plan or
program for the physical development of the City including but not limited to a Master Street Plan, a Parks
Plan, a Bicycle Plan, a Pedestrian Plan, or the Capital Improvements Program;
• Meets
c. The proposed subdivision is not consistent with these Regulations;
• 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
With any Minor Subdivision, the Planning Commission typically approves preliminary and final plat
simultaneously. Because the flow modeling is incomplete, Staff ask that the Planning Commission vote on
preliminary approval and final approval separately. Should the results of the hydrant flow modeling require
infrastructure improvements, this project would be a Major Subdivision that would require Planning
Commission approval of a Final Plat.
Recommendation 1:
Staff recommends Preliminary Plat APPROVAL of SD 23. 25 Moffett’s Way Minor Subdivision.
Recommendation 2:
Staff recommends Final Plat APPROVAL of SD 23. 25 Moffett’s Way Minor Subdivision, with the following
condition:
1.) A fire flow model is completed and approved.
FAIRHOPE AVE S BANCROFT STS SECTION STS SUMMIT ST S CHURCH STN SUMMIT STATKINSON LN
MAGNOLIA AVE
N SCHOOLSTSAXE LN N CHURCH STN BANCROFT STN SECTION STPINE AVE
EQUALITY ST
BOISE LNGENEVIEVE LN
OAK AVE
City of FairhopePlanning Commission
October 2, 2023
¯N CHURCH STMAGNOLIA AVE
SD 23.26 - Vatan Mixed Use Development
Legend
Roads
Parcels
Corporate Limits
Zoning Classification
B-2 - General Business District
B-3b - Tourist Resort Commercial Service District
B-4 - Business and Professional District
P-1 - Parking
R-2 - Medium Density Single-Family
R-4 - Low Density Multi-Family
R-5 - High Density Dwelling Residential
Planning Jurisdiction
^
Project Name:
Vatan Mixed Use DevelopmentSite Data:
0.52 acresProject Type:
9 Unit Mulitple Occupancy ProjectJurisdiction:
Fairhope Planning JurisdictionZoning District:
B-2PPIN Number:
15164General Location:
Northeast corner of North Church St.
and Magnolia Ave.Surveyor of Record:
S.E. Civil LLCEngineer of Record:
S.E. Civil LLCOwner / Developer:
Mike Jeffries
School District:
Fairhope Elementary School
Fairhope Middle and High Schools Recommendation:
Prepared by:
µ
µ
FST RW LLC
Approve with Conditions
□
C -----
LLC Cert of Formation - 11/2021 Page 1 of 2
STATE OF ALABAMA
DOMESTIC LIMITED LIABILITY COMPANY (LLC)
CERTIFICATE OF FORMATION
PURPOSE: In order to form a Limited Liability Company (LLC) under Section 10A-5A-2.01 of the Code of Alabama
1975, this Certificate of Formation and the appropriate filing fees must be filed with the Office of the Secretary of
State. The information required in this form is required by Title 10A.
1. The name of the limited liability company (must contain the words “Limited Liability Company” or the abbreviation
“L.L.C.” or “LLC,” and comply with Code of Alabama, Section 10A-1-5.06. You may use Professional or
Series before Limited Liability Company or LLC (or PLLC or SLLC) if they apply:
2.A copy of the Name Reservation Certificate from the Office of the Secretary of State must be attached.
3. The name of the registered agent (only one agent):
Street (no PO Boxes) address of registered office (must be located in Alabama):
*COUNTY of above address:
Mailing address in Alabama of registered office (if different from street address):
4.The undersigned certify that there is at least one member of the limited liability company.
(For SOS Office Use Only)
RW LLC
David Ryan
Alabama
Sec. Of State
001-044-188 DLL
Date 10/12/2022
Time 11:20:00
File $100.00
County $100.00
-------
Total $200.00
71 N. Section Street, Suite B Fairhope, AL 36532
BALDWIN
[]
-
DOMESTIC LIMITED LIABILITY COMPANY (LLC) CERTIFICATE OF FORMATION
LLC Cert of Formation – 11/2021 Page 2 of 2
5.Check only if the type applies to the Limited Liability Company being formed:
Series LLC complying with Title 10A, Chapter 5A, Article 11
Professional LLC complying with Title 10A, Chapter 5A, Article 8
Non-Profit LLC complying with Section 10A-5A-1.04(c)
6.The filing of the limited liability company is effective immediately on the date received by the office of the Secretary
of State, Business Services Division or at the delayed filing date (cannot be prior to the filing date) specified in
this filing complying with Section 10A-1-4.12
The undersigned specify / / as the effective date (must be on or after the date filed in the
office of the Secretary of State, but no later than the 90th day after the date this instrument was signed) and the time
of filing to be : AM or PM. (cannot be noon or midnight – 12:00)
Attached are any other matters the members determine to include herein (if this item is checked there must be
attachments with the filing).
Date (MM/DD/YYYY) Signature as required by 10A-5A-2.04
Typed title (organizer or attorney-in-fact)
*County of Registered Agent is requested in order to determine distribution of County filing fees.
10 12 2022
11 20
10 //12 2022
Member
David Ryan
_Q
_Q
_Q
_O_
--® ~0-~-----
Additional Details
Organizers
Organizer Street Address Mailing Address
David Ryan 71 N. Section Street, Suite B
Fairhope, AL 36532
71 N. Section Street, Suite B
Fairhope, AL 36532
1 SD 23.26 Vatan Mixed Use MOP – October 2, 2023
Summary of Request:
The Applicant is S.E. Civil, LLC, on behalf of the Owner FST/RW LLC. Dave Lavery with S.E. Civil is the engineer
of record for the project. This application is for a 9-unit Multiple Occupancy Project (“MOP”) on approximately
0.52 acres and is located at 301 Magnolia Avenue. It is the intent of the Applicant to have a dedicated 1,200ft²
retail/commercial component in each first floor of the two (2) structures facing Magnolia Avenue with one (1)
residential unit occupying the second and third floor of each structure. The remaining five (5) structures will
be single family dwelling units. This project was the subject of BOA Case 23.02 in which the “use” was clarified.
In short, mixed use, residential, and retail/commercial are allowed by right to some degree in B-2 but having
all the uses on one (1) lot with not every structure being “mixed use” per se is a different concept. This
combination of use was approved in BOA Case 23.02.
Figure 1: Mixed-Use Units facing Magnolia Avenue.
Figure 2: Site Data Table
SITE ANA l YSIS
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WJOMUIA E!UlLDING HEIGHT:
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2 SD 23.26 Vatan Mixed Use MOP – October 2, 2023
Figure 3: Residential Units facing Church Street.
Comments:
- Utilities: Water, sewer, and gas services are available through the City of Fairhope. The development will
have a private trash service that will gather the rubbish from outside locations for each unit within the
development. Trash receptacles will not be rolled out to any public right-of-way.
o Water & Sewer plans have been reviewed and are acceptable.
Due to the water conservation the Water Department has suspended all fire flow testing.
As a condition of approval, the Flow-Modeling shall be done and approved prior to the
signing of the plat.
o Power – Contractor is responsible for getting electricity to the take-off pole.
o Communications – AT&T
- Traffic Study: A traffic study was not necessary for this project.
- Drainage: The terrain of the site falls from east to west with elevations ranging. Runoff flows westward
across the surface of the site and enters the N. Church Street ROW where it enters City storm sewer lines
through inlets located along N. Church Street. Runoff will be directed to a series of area drains and drop
inlets located along N. Church Street. The underground storm pipes will carry the runoff to an existing City
inlet on the east side of N. Church Street near the Magnolia Avenue intersection where it will continue
through Fairhope’s storm sewer network. Retention facilities are not required for this development. An
HOA will be formed that will be required to maintain any and all stormwater facilities and structures
located outside of the publicly accepted ROW. Submitted plans have been approved.
- Landscaping: There is an extensive landscaping plan that has been reviewed. Revised plans, if any, shall be
received prior to sending the Site Plan to the City Council for final approval. (Ordinance #1444, Section
20.5-4(6)).
o Elevated stairs located in the ROW are proposed to access the buildings fronting Church St. to
minimize disturbance to existing heritage trees.
3 SD 23.26 Vatan Mixed Use MOP – October 2, 2023
Figure 4: Land Usage Data Table.
- Greenspace: Since the subject property is within the CBD greenspace requirements are more lenient. The
greenspace plan is acceptable.
- Wetlands: There are no wetlands on the property.
- Comprehensive Plan: Case SD 23.26 Vatan Mixed Use MOP is in compliance with the City’s
Comprehensive Plan, the Fairhope Zoning Ordinance, and all other applicable regulations.
Site Plan
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4 SD 23.26 Vatan Mixed Use MOP – October 2, 2023
***The application is for Preliminary approval. If approved a Final approval by the Planning Commission is
required to close out the project prior to vertical construction.***
Recommendation of Case SD 23.26 Vatan Mixed Use MOP:
Staff recommends approval subject to the following condition(s):
1. Developer shall coordinate the installation of the sidewalks with the Public Works Department to minimize
disturbance to the existing trees in the ROW’s at time of building permit.
2. Any aid to construction costs shall be paid prior to issuance of building permit.
3. A fire flow model is completed and approved.
4. Provide spot elevations for the building corners, along with building elevations, prior to any land
disturbance or issuance any building permit to confirm building height.
5. Provide a Hold-Harmless agreement for staircases proposed in the ROW.
ATTACHMENT TO APPLICATION FOR
VATAN SITE PLAN AND MOP (FOR PROPERTY PIN_#15164)
LOCATED AT THE CORNER OF MAGNOLIA AVENUE
AND CHURCH STREET IN FAIRHOPE, ALABAMA
(8-22-23)
The proposed Project for the Property (named “Vatan”) is depicted on the attached Site
Plan and MOP applications. Vatan is a mixed-use development comprised of 7 architecturally
compatible and separate structures and will constitute a land condominium created and
administered in accordance with the Alabama Uniform Condominium Act.
The dedicated retail/commercial component of Building 1 fronting Magnolia Avenue
comprises approximately 1,400 square feet on the first floor and is intended to serve one or more
small scale retail/commercial tenants, and the second and third floors of Building 1 (consisting of
approximately 3,000 square feet) are intended for a single residential use.
The dedicated retail/commercial component of Building 2 fronting Magnolia Avenue
comprises approximately 2,980 square feet on the first and second floors and is intended to serve
one or more small scale retail/commercial tenants. The third floor of Building 2 (consisting of
approximately 1,730 square feet) is intended for a single residential use.
The remaining 5 Buildings in Vatan (facing Church Street and internal to the Property)
range from approximately 3,500 square feet to approximately 2,300 square feet, and each of them
is primarily intended for a single residential use.
At the Board of Adjustments meeting for Vatan earlier in 2023, allowance was made for
calculating the height of each Building on the basis of each Building’s individual footprint. The
mixed-use Buildings facing Magnolia Avenue are 40 feet in height in accordance with the
calculation methodology used by the City of Fairhope, and the remaining 5 Buildings are 35 feet
or less in height in accordance with the City of Fairhope’s calculation methodology.
Substantial planning has been undertaken to ensure that the Project is consistent with the
applicable regulations within the zoning for the Property and the Central Business District of
Fairhope. Project attributes include:
a. a single entry/exit to and from the Property for vehicular traffic, promoting traffic safety;
b. on-site parking that is twice the minimum number of spaces required in the CBD;
c. dedicated golf cart parking for certain Buildings located on the Property;
d. a site plan and design that makes every effort to preserve the trees located both on the
Property and in the Magnolia Avenue and Church Street right-of-ways;
e. the Project is complimentary of the residential, commercial and mixed-use developments
in the immediate vicinity of the Property; and
f. the Project is supportive of and promotes multiple of the objectives specifically applicable
to the CBD in the Fairhope Zoning Ordinance, including:
• generating high levels of pedestrian and bicycle traffic;
• providing a mix of uses;
• strengthening non-automotive connections to adjacent neighborhoods;
• buffering surrounding neighborhoods from any adverse impacts of activities in the
CBD; and
• providing a small park/green space for Property occupants
The Site Plan and the arrangement of structures on the Property compliment the natural
topography of the Property, which ranges from 111 feet above sea level to 97 feet above sea level.
The Site Plan, Project design and Project configuration are all intended to promote the highest and
best use of the Property and to also further enhance the CBD and general downtown area of
Fairhope.
9969 Windmill Rd. Fairhope, Alabama 36532 251-990-6566
July 31, 2020
Re: Vatan- MOP
Dear Fairhope Resident:
The City of Fairhope Resolution No. 2018-03 requires all property owners adjacent to property being
considered for development approval to be notified by mail. The Baldwin County Revenue Office provided
your information as a current adjacent property owner to the proposed development request described below.
RW, LLC, is requesting the Vatan Project. This development will consist of 2 commercial units and 7
residential units. The property is located on the northeast corner of Magnolia Avenue and Church Street. The
parcel number of the property is 05-46-03-37-0-006-036.502.
S.E. Civil Engineering will hold a Community Meeting at 11:00 AM at our office at 9969 Windmill Rd,
Fairhope, AL. on Tuesday, August 15th, 2023.
Should you have any questions or concerns, please contact me at (251)-990-6566.
Sincerely,
Larry Smith, PE
lsmith@secivileng.com
~ , ~giY1!
Surveying
VATAN MOP COF MEETING MINUTES
MEETING START TIME: 11:00 DATE: 8/15/2023
No one showed up for the mee�ng. We had a call in at 11:08 am from Rebecca Bryant.
- Rebecca Bryant from Watershed located at 302 Magnolia Ave.
- Primary concerns were the tree protec�on plan. Dave told her that we were preserving certain
trees that are considered heritage trees on the site.
- 2nd concern was the run-off and where it is going. Dave informed her it would be going to
Fairhopes storm drains.
- Her final concern was whether we are using impervious pavers. Dae told her that they were
indicated as pavers but did not know if they were impervious.
Dave called mee�ng was called to a close at 11:15 with zero atendees.
1
Architectual Renderings Supplied At Community Meeting
~
. •
1
Dave Lavery
From:Jamie Rollins <jamie.rollins@fairhopeal.gov>
Sent:Wednesday, September 13, 2023 4:08 PM
To:Richard Johnson; Dave Lavery
Cc:Mike Jeffries; Michelle Melton; Hunter Simmons
Subject:Re: Vatan Mixed Use Development
We met on-site today. The sidewalks are a difficult one. It is obvious that many measures are being taken to
preserve the trees on-site. A consulting arborist has been working with the project and I agree with
his assessment that removing 12-14 inches of material in the critical root zone of the trees will be very
impactful to the trees. Maybe not today but time will tell that tale. The middle tree is my biggest concern.
Could we find a way to do wooden boardwalk or something less impactful there?
Thanks,
Jamie
Get Outlook for iOS
From: Richard Johnson <richard.johnson@fairhopeal.gov>
Sent: Wednesday, September 13, 2023 2:57:54 PM
To: Dave Lavery <dlavery@secivileng.com>
Cc: Mike Jeffries <mike.jeffries@fairhopeal.gov>; Michelle Melton <michelle.melton@fairhopeal.gov>; Hunter Simmons
<hunter.simmons@fairhopeal.gov>; Jamie Rollins <jamie.rollins@fairhopeal.gov>
Subject: RE: Vatan Mixed Use Development
Dave:
I have reviewed the proposed drainage for the subject development – I have no issues or concerned. I will get you a copy
of the “As Builts” for this portion of the Church Street Drainage.
As discussed – sidewalks as shown are acceptable, however, I recognize that post approval and during construction we
may have to make some modifications to mitigate tree impacts and/or meet ADA compliancy requirements.
All approvals are conditioned on final approval by the City Horticulture Supervisor’s for compliance with the Tree &
Landscape Ordinance.
Thanks,
RDJ
Richard D. Johnson, PE
Public Works Director
richard.johnson@fairhopeal.gov
Office: 251-929-0360
Cell: 251-423-7418
From: Dave Lavery <dlavery@secivileng.com>
Sent: Tuesday, September 12, 2023 1:44 PM
2
To: Richard Johnson <richard.johnson@fairhopeal.gov>
Subject: RE: Vatan Mixed Use Development
Good afternoon Richard,
I revised the civil plans for Vatan so that the site drainage would connect to the grate inlet to the north of our site
instead of the catch basin near the corner of Magnolia and Church. Please let me know if you have any comments on the
revised plan set.
Thank you,
Dave Lavery, PE
9969 Windmill Road
Fairhope, Alabama 36532
251-990-6566 phone
www.secivil.pro
From: Dave Lavery
Sent: Friday, September 8, 2023 12:30 PM
To: richard.johnson@fairhopeal.gov
Subject: RE: Vatan Mixed Use Development
Good afternoon Richard,
I received a comment from Wednesday’s DRC to follow up with you on sidewalk layout, drainage plan, and any potential
additions/improvements. The civil plans are attached. Please let me know if you have any comments that need to be
addressed. Planning has asked that I respond by Thursday morning at 9:00 so please let me know as soon as possible if
you need additional information of if you have any comments that might require plan revisions. I’d be happy to come in
early next week and look at the plans with you if that makes it any easier.
Thank you,
Dave Lavery, PE
9969 Windmill Road
Fairhope, Alabama 36532
251-990-6566 phone
www.secivil.pro
3
From: Dave Lavery
Sent: Wednesday, August 16, 2023 2:12 PM
To: richard.johnson@fairhopeal.gov
Subject: Vatan Mixed Use Development
Good afternoon Richard,
We are working through the design for the Vatan Mixed Use Development on the northeast corner of Magnolia and
Church. Attached are current versions of the site plan and grading and drainage plan. Do you have any comments on the
sidewalk layout, the storm connection, or anything else you see that needs to be addressed? Or if it would be easier to
go over this in person I would be happy to come by.
I also had a question on the existing storm sewer on the east side of Church Street. Our survey (attached) shows a 15”
CPP stubout (I think it’s actually RCP) on the north side of a catch basin near Magnolia, and further north there is a 15”
CMP stubout on the south side of an inlet. Those lines are pointing towards each other, but aren’t shown connecting in
our survey. With the inverts we shot, I don’t think they would be connected, but can you verify?
I currently show our storm coming into the ROW near the north side of the property line and going to the inlet to the
south, which is further away than the inlet to the north, but we’ll have to tear up more sidewalk, curb, and street to
connect to the north inlet. Are you okay with us connecting to the south?
Thank you,
Dave Lavery, PE
9969 Windmill Road
Fairhope, Alabama 36532
251-990-6566 phone
www.secivil.pro
September 5, 2023
City Council
City of Fairhope
451 Pecan Ave. Ste. 200
Fairhope, AL 36532
Civil
Engineering
& Surveying
Re: SD 23.26 & SR 23.05-Vatan Mixed Use Development
Sidewalk Width Reduction Request
Dear Council:
I would like to request a reduced sidewalk width of 6 feet for portions of the proposed Vatan Mixed Use
Development. The site is located on the northeast comer of Magnolia Avenue and Church Street and is within
the Central Business District (CBD). The minimum sidewalk width within the CBD is 8 feet, but can be
reduced to 6 feet with City Council Approval.
Within the Church Street Right-Of-Way there are multiple heritage Live Oaks between the proposed buildings
and the street. The available space from the existing curb to their trunks is between 10 and 13 feet. Reducing
the sidewalk width to 6 feet in the vicinity of these trees will reduce the impact to the roots of these trees.
Additionally, in the Magnolia Avenue Right-Of-Way near the intersection there is existing 5' sidewalk which
is immediately adjacent to 2 heritage trees. I would like to request that this sidewalk near these trees be
allowed to remain in place with no requirement to increase the sidewalk width.
Please see the attached sketch depicting the proposed sidewalk widths within the Right-Of-Way
Please let me know if you have any questions or comments.
Sincerely,
~
~ David Lavery, PE
dlavery@secivileng.com
9969 Windmill Road Fairhope, Alabama 36532 251-990-6566
August 21, 2023
Hunter Simmons
City of Fairhope
451 Pecan Ave. Ste. 200
Fairhope, AL 36532
Civil
Engineering
& Surveying
Re: Va tan Mixed Use Development -Traffic Impact Study Note
Dear Hunter:
This letter is to serve as back up information as to why a Traffic Impact Study is not warranted for this project.
According to the subdivision regulations a traffic impact study is required if a project will increase the average
daily traffic by 1,000 trips or generate 50 trips or more during any peak hour period.
The proposed project will add 7 new residential units and 2,619 square feet of office space. Per the attached
chart we have an average daily traffic of 70 trips and a total of 8 peak hour trips for this development.
If you have any questions, please let me know .
Sincerely,
~
~
dlavery@secivileng.com
9969 Windmill Road Fairhope, Alabama 36532 251-990-6566
Instructions:Trip Generation Rates from the 8th Edition ITE Trip Generation ReportEnter Numbers into the "Expected Units"NA: Not AvailableKSF2: Units of 1,000 square feetin the Corresponding Yellow ColumnDU: Dwelling UnitFuel Position: # of vehicles that could be fueled simultaneouslyOcc.Room: Occupied RoomDescription / ITE Code UnitsRate Weekday Daily Traffic PM Peak Period Rate% PM In% PM OutExpected Units (independent variable)Calculated Daily TripsPM Peak Trips - TotalPM In PM Out NotesWaterport/Marine Terminal 010Berths171.52NA NA NA0NA NA NACommercial Airport 021Employees13.400.80 54% 46%00NA NACommercial Airport 021Avg Flights/Day104.735.75 56% 44%00NA NACommercial Airport 021Com. Flights/Day122.216.88 54% 46%00NA NAGeneral Aviation Airport 022Employees14.241.03 45% 55%00NA NAGeneral Aviation Airport 022Avg. Flights/Day1.97NA NA NA0NA NA NAGeneral Aviation Airport 022Based Aircraft5.000.37 45% 55%00NA NATruck Terminal 030Acres81.906.55 43% 57%00NA NA Caution- Only 3 StudiesPark&Ride w/ Bus Service 090Parking Spaces4.500.62 22% 78%00NA NAPark&Ride w/ Bus Service 090Occ. Spaces9.620.81 28% 72%00NA NALight Rail Station w/ Park 093Parking Space2.511.24 58% 42%00NA NALight Rail Station w/ Park 093Occ. Spaces3.911.33 58% 42%00NA NAGeneral Light Industrial 110KSF26.970.97 12% 88%00NA NAGeneral Light Industrial 110Employees3.020.42 21% 79%00NA NAGeneral Heavy Industrial 120KSF21.500.68 NA NA00NA NA Caution-Only 3 Studies.General Heavy Industrial 120Employees0.820.88 NA NA00NA NAIndustrial Park 130KSF26.960.86 21% 79%00NA NAIndustrial Park 130Employees3.340.46 20% 80%00NA NAManufacturing 140KSF23.820.74 36% 64%00NA NAManufacturing 140Employees2.130.36 44% 56%00NA NAWarehousing 150KSF23.560.32 25% 75%00NA NAWarehousing 150Employees3.890.59 35% 65%00NA NAMini Warehouse 151KSF22.500.26 51% 49%00NA NAMini Warehouse 151Storage Units0.250.02 NA NA00NA NAMini Warehouse 151Employees61.906.04 52% 48%00NA NAHigh-Cube Warehouse 152KSF21.440.10 33% 67%00NA NAHigh-Cube Warehouse 152EmployeesNA0.66 35% 65%00NA NAUtilities 170KSF2NA0.76 45% 55%00NA NAUtilities 170EmployeesNA0.76 90% 10%00NA NASingle Family Homes 210DU9.571.01 63% 37%00NA NASingle Family Homes 210Vehicles6.020.67 66% 34%00NA NAApartment 220DU6.650.62 65% 35%00NA NAApartment 220Persons3.310.40 NA NA00NA NAApartment 220Vehicles5.100.60 NA NA00NA NALow Rise Apartment 221Occ.DU6.590.58 65% 35%00NA NAHigh Rise Apartment 222DU4.200.35 61% 39%00NA NAMid-Rise Apartment 223DUNA0.39 58% 42%00NA NARental Townhouse 224DUNA0.72 51% 49%00NA NA Caution- Only 1 Study.Resd. Condo/Townhouse 230DU5.810.52 67% 33%7.041421Resd. Condo/Townhouse 230Persons2.490.24 67% 33%00NA NALow Rise Resd. Condo 231DUNA0.78 58% 42%00NA NAHigh Rise Resd. Condo 232DU 4.180.38 62% 38%00NA NALuxury Condo/Townhouse 233Occ. DUNA0.55 63% 37%00NA NAMobile Home Park 240DU4.990.59 62% 38%00NA NAMobile Home Park 240Persons2.460.26 63% 37%00NA NARetirement Community 250DUNA0.27 56% 44%00NA NA Caution- Only 1 StudyElderly Housing-Detached 251DU3.710.27 61% 39%00NA NA Caution- Only 1 Study.Congregate Care Facility 253Occ.DU2.150.17 56% 44%00NA NA Caution- Only 2 StudiesElderly Housing- Attached 252Occ.DU3.480.16 60% 40%00NA NA Caution- Only 4 StudiesI I
Recreational Homes 260DU3.160.26 41% 59%00NA NAResidential PUD 270DU7.500.62 65% 35%00NA NAHotel 310Occ. Room8.920.70 49% 51%00NA NAHotel 310Rooms8.170.59 53% 47%00NA NAHotel 310Employees14.340.80 54% 46%00NA NAAll Suites Hotel 311Occ.Room6.240.55 42% 58%00NA NA Caution- Only 4 StudiesAll Suites Hotel 311Rooms4.900.40 45% 55%00NA NABusiness Hotel 312Occ. Room7.270.62 60% 40%00NA NA Caution-Only 4 StudiesBusiness Hotel 312Employees72.677.60 60% 40%00NA NAMotel 320Occ.Room9.110.58 53% 47%00NA NAMotel 320Rooms5.630.47 54% 46%00NA NAMotel 320Employees12.810.73 54% 46%00NA NAResort Hotel 330Occ. Room13.430.49 43% 57%00NA NA Daily Rate for Saturday.Resort Hotel 330RoomsNA0.42 43% 57%00NA NACity Park 411Picinic Sites5.87NA NA NA0NA NA NACounty Park 412Acres2.280.06 41% 59%00NA NAState Park 413Picnic Sites9.950.65 43% 57%00NA NAState Park 413EmployeesNA4.67 43% 57%00NA NAWater Slide Park 414Parking Space2.27NA NA NA0NA NA NA Caution- Only 1 Study.Beach Park 415Acres29.811.30 29% 71%00NA NACampground/RV Park 416Acres74.380.39 NA NA00NA NA Caution-Only 1 Study.Regional Park 417Picnic Sites61.829.60 41% 59%00NA NA Peak Hour is PM Peak Hour.Regional Park 417Employees79.7710.26 45% 55%00NA NANational Monument 418Employees31.055.58 NA NA00NA NA Peak Hour is PM Peak Hour.Marina 420Berths2.960.19 60% 40%00NA NA Caution- Only 2 StudiesGolf Course 430Employees20.521.48 48% 52%00NA NAGolf Course 430Holes35.742.78 45% 55%00NA NAMinature Golf Course 431HolesNA0.33 33% 67%00NA NAGolf Driving Range 432TeesNA1.25 45% 55%00NA NA Caution- Only 2 Studies.Multipurpose Rec. Facility 435Acres90.385.77 NA NA00NA NA Caution- Only 1 Study.Live Theater 441SeatsNA0.02 50% 50%00NA NAMovie Theater w/o matinee 443KSF278.066.16 94% 6%00NA NA Caution- Only 1 Study.Movie Theater w/o matinee 443Movie Screens220.0024.00 41% 59%00NA NAMovie Theater w/o matinee 443Seats1.760.07 75% 25%00NA NA Peak Hour is PM Peak Hour.Movie Theater w/o matinee 443Employees53.124.20 NA NA00NA NAMovie Theater w/ matinee 444KSF2NA3.80 64% 36%00NA NA Caution- Only 1 Study.Movie Theater w/ matinee 444Movie Screens153.3320.22 40% 60%00NA NAMovie Theater w/ matinee 444SeatsNA0.14 53% 47%00NA NAHorse Track 452Employees2.60NA 50% 50%0NA NA NADog Track 454Attendees1.090.13 66% 34%00NA NAArena 460Employees10.00NA 50% 50%0NA NA NAIce Rink 465Seats1.260.12 NA NA00NA NA Caution- Only 1 Study.Casino/Video Lottery Establishment 473KSF2NA13.43 56% 44%00NA NAAmusement Park 480Employees8.330.50 61% 39%00NA NAZoo 481Acres114.88NA 50% 50%0NA NA NAZoo 481Employees23.93NA 50% 50%0NA NA NATennis Courts 490Courts31.043.88 NA NA00NA NATennis Courts 490Employees66.675.67 NA NA00NA NARacquet Club 491Courts38.703.35 NA NA00NA NARacquet Club 491KSF214.031.06 NA NA00NA NARacquet Club 491Employees45.714.95 NA NA00NA NAHealth Club 492KSF232.933.53 57% 43%00NA NA Caution- Only 1 StudyBowling Alley 494KSF233.333.54 35% 65%00NA NA Caution- Only 1 Study.Recreational Com. Center 495KSF222.881.45 37% 63%00NA NA Caution- 1 study.Recreational Com. Center 495Employees27.253.16 44% 56%00NA NAMilitary Base 501Employees1.780.39 NA NA00NA NAElementary School 520Students1.290.15 49% 51%00NA NA Peak Hour is PM Peak Hour.Elementary School 520KSF215.431.21 45% 55%00NA NAElementary School 520Employees15.711.81 49% 51%00NA NAPrivate School (K-12) 536Students2.480.17 43% 57%00NA NA Caution- Only 2 studies.Middle/ JR. High School 522Students1.620.16 49% 51%00NA NA
Middle/ JR. High School 522KSF213.781.19 52% 48%00NA NAHigh School 530Students1.710.13 47% 53%00NA NAHigh School 530KSF212.890.97 54% 46%00NA NAHigh School 530Employees19.741.55 54% 46%00NA NAJunior/ Comm. College 540Students1.200.12 64% 36%00NA NAJunior/ Comm. College 540KSF227.492.54 58% 42%00NA NAJunior/ Comm. College 540Employees15.551.39 58% 42%00NA NAUniversity/College 550Students2.380.21 30% 70%00NA NAUniversity/College 550Employees9.130.88 29% 71%00NA NAChurch 560KSF29.110.55 48% 52%00NA NA For WeekdaySynagogue 561KSF210.641.69 47% 53%00NA NA Caution- Only 1 Study.Daycare Center 565KSF279.2612.46 47% 53%00NA NADaycare Center 565Students4.480.82 47% 53%00NA NADaycare Center 565Employees28.134.79 47% 53%00NA NACemetery 566Employees58.097.00 33% 67%00NA NAPrison 571KSF2NA2.91 NA NA00NA NA Peak Hour is PM Peak Hour. Caution- Only 1 Study.Prison 571EmployeesNA0.23 28% 72%00NA NALibrary 590KSF256.247.30 48% 52%00NA NALibrary 590Employees52.525.40 47% 53%00NA NALodge/Fraternal Organization 591Members0.290.03 NA NA00NA NA Caution- Only 1 Study.Lodge/Fraternal Organization 591Employees46.904.05 NA NA00NA NAHospital 610KSF216.501.14 42% 58%00NA NAHospital 610Beds11.811.31 36% 64%00NA NAHospital 610Employees5.200.33 31% 69%00NA NANursing Home 620Beds2.370.22 33% 67%00NA NANursing Home 620Employees4.03NA 26% 74%0NA NA NA Peak Hour is PM Peak Hour.Clinic 630KSF231.455.18 NA NA00NA NA Caution- Only 2 Studies.Clinic 630Employees7.751.23 41% 59%00NA NAGeneral Office 710 (Equation)KSF2Equation Equation17% 83%00NA NAGeneral Office 710KSF211.011.49 17% 83%2.629413Corporate Headquarters 714KSF27.981.40 10% 90%00NA NA Peak Hour is PM Peak Hour.Corporate Headquarters 714Employees7.981.40 10% 90%00NA NA Peak Hour is PM Peak Hour.Single Tenant Office Bldg 715KSF211.571.72 15% 85%00NA NA Peak Hour is PM Peak Hour.Single Tenant Office Bldg 715Employees3.620.50 15% 85%00NA NA Peak Hour is PM Peak Hour.Medical Dental Office 720KSF236.133.46 27% 73%00NA NAMedical Dental Office 720Employees8.911.06 34% 66%00NA NAGovernment Office Building 730KSF268.931.21 31% 69%00NA NA Peak Hour is PM Peak Hour. Caution- Only 1 Study.Government Office Building 730Employees11.951.91 74% 26%00NA NAState Motor Vehicles Dept. 731KSF2166.0217.09 NA NA00NA NAState Motor Vehicles Dept. 731Employees44.544.58 NA NA00NA NAUS Post Office 732KSF2108.1911.12 51% 49%00NA NAUS Post Office 732Employees28.322.84 51% 49%00NA NAGov. Office Complex 733KSF227.922.85 31% 69%00NA NA Caution- Only 1 Study.Gov. Office Complex 733Employees7.750.79 31% 69%00NA NAR&D Center 760KSF28.111.07 15% 85%00NA NA Peak Hour is PM Peak Hour.R&D Center 760Employees2.770.41 10% 90%00NA NABuilding Materials/Lumber 812KSF245.164.49 47% 53%00NA NABuilding Materials/Lumber 812Employees32.122.77 51% 49%00NA NAFree-Standing Discount Superstore 813KSF253.134.61 49% 51%00NA NAFree-Standing Discount Store 815KSF257.245.00 50% 50%00NA NAFree-Standing Discount Store 815Employees28.843.48 50% 50%00NA NAHardware/Paint Store 816KSF251.294.84 47% 53%00NA NA Caution- Only 3 StudiesHardware/Paint Store 816Employees53.215.05 NA NA00NA NANursery (Garden Center) 817KSF236.083.80 NA NA00NA NA
Nursery (Garden Center) 817Employees22.131.99 NA NA00NA NANursery (Wholesale) 818KSF239.005.17 NA NA00NA NANursery (Wholesale) 818Employees23.400.47 NA NA00NA NAShopping Center 820 (Equation)KSF2Equation Equation49% 51%00NA NAShopping Center 820 RateKSF242.943.37 49% 51%00NA NAFactory Outlet Center 823KSF226.592.29 47% 53%00NA NAQuality Restaurant 931KSF289.957.49 67% 33%00NA NA Low Turnover - More than 1 hourQuality Restaurant 931Seats2.860.26 67% 33%00NA NAHigh Turnover/Sit Down Rest 932KSF2127.1511.15 59% 41%00NA NA Big variation on DailyHigh Turnover/Sit Down Rest 932Seats4.830.41 57% 43%00NA NAFast Food w/o Drive Thru 933KSF2716.0026.15 51% 49%00NA NAFast Food w/o Drive Thru 933Seats42.122.13 64% 36%00NA NAFast Food w/ Drive Thru 934KSF2496.1233.48 52% 48%00NA NAFast Food w/ Drive Thru 934Seats19.520.94 53% 47%00NA NADrive Thru Only 935KSF2NA153.85 54% 46%00NA NA Only 2 studiesDrinking Place 925KSF2NA11.34 66% 34%00NA NAQuick Lube Shop 941Service Bays40.005.19 55% 45%00NA NAAutomobile Care Center 942Service Bays12.482.17 NA NA00NA NA Daily Trips for Saturday. Caution- Only 1 Study.Automobile Care Center 942KSF215.863.38 50% 50%00NA NA Daily Trips for Saturday.New Car Sales 841 KSF233.342.59 39% 61%00NA NANew Car Sales 841 Employees21.140.96 48% 52%00NA NA Peak Hour is PM Peak Hour.Automobile Parts Sales 843KSF261.915.98 49% 51%00NA NAGasoline/Service Station 944Fuel. Position168.5613.87 50% 50%00NA NA Daily Rate from 4th Edition ITEServ.Station w/ Conven.Mkt 945Fuel Position162.7813.38 50% 50%00NA NA Have auto repair and serviceServ.Stat.w/Conv.Mkt.&Carwash 946Fuel Position152.8413.94 51% 49%00NA NASelf-Service Carwash 947Stalls108.005.54 51% 49%00NA NA Caution- Only 1 Study.Tire Store 848Service BaysNA3.54 42% 58%00NA NATire Store 848KSF224.874.15 43% 57%00NA NAWholesale Tire Store 849Service Bays30.553.17 47% 53%00NA NASupermarket 850KSF2102.2410.50 51% 49%00NA NA Daily based on small number of studies (Caution)Convenien. Mkt. (Open 24 hrs) 851KSF2737.9952.41 51% 49%00NA NAConvenien. Mkt. (Open 16 Hrs) 852KSF2NA34.57 49% 51%00NA NAConvenien. Mkt w/ Gas Pumps 853KSF2845.6059.69 50% 50%00NA NA Average size = 3,000 sqftDiscount Supermarket 854KSF296.828.90 50% 50%00NA NA Daily Trips for Saturday. Caution- Only 1 Study.Wholesale Market 860KSF26.730.88 53% 47%00NA NA Caution- Only 1 Study.Discount Club 857KSF241.804.24 50% 50%00NA NA Similar to "Sams" or "Pace"Home Improvement Store 862KSF229.802.37 48% 52%00NA NAElectronics Superstore 863KSF245.044.50 49% 51%00NA NAToy/Children's Superstore 864KSF2NA4.99 50% 50%00NA NA Peak Hour is for Saturday.Apparel Store 876KSF266.403.83 50% 50%00NA NADrugstore w/o Drive-Thru 880KSF290.068.42 50% 50%00NA NADrugstore w/ Drive-Thru 881KSF288.1610.35 50% 50%00NA NAFurniture Store 890KSF25.060.45 48% 52%00NA NAVideo Arcade 895KSF2NA56.81 52% 48%00NA NA Peak Hour is PM Peak Hour. Caution- Only 1 Study.Video Rental Store 896 KSF2NA31.54 50% 50%00NA NA Peak Hour is PM Peak Hour.Walk-in Bank 911KSF2156.4812.12 44% 56%00NA NA Daily based on 1 study & PM Peak based on 2 studies.Drive-in Bank 912Drive-in Windows139.2527.41 49% 51%00NA NADrive-in Bank 912KSF2148.1525.82 50% 50%00NA NA
NA: Not AvailableKSF2: Units of 1,000 square feetDU: Dwelling UnitFuel Position: # of vehicles that could be fueled simultaneously
Occ.Room: Occupied Room21-Aug-23
August 21, 2023
Hunter Simmons
City of Fairhope
451 Pecan Ave. Ste. 200
Fairhope, AL 36532
Civil
Engineering
& Surveying
Re: Vatan Mixed Use Development-Fire Flow
Dear Hunter:
Due to the current Emergency Water Conservation Plan, a fire flow could not be performed for this
project. A fire flow test will be scheduled at a time when water conservation is in Phase I, or when the
Emergency Water Conservation Plan has ended.
If you have any questions, please let me know .
Sincerely,
~
~
David Lavery, PE
dlavery@secivileng.com
9969 Windmill Road Fairhope, Alabama 36532 251-990-6566
ATO
2155 OLD SHELL RD
Suite
MOBILE, AL 36607
T: 2514718361
F: 2514710410
www.att.com
ATO
2155 OLD SHELL RD
Suite
MOBILE, AL 36607
T: 2514718361
F: 2514710410
www.att.com
January 21, 2019
Gabe Wagner
S. E. Civil Engineering
1 S. School St
Fairhope, Alabama 36532
Dear Mr. Wagner,
This letter is in response to your request for information on the availability of AT&T
service at Parcel I.D. 15164, N.E. corner of Magnolia Av. and N. Church St.
Attn: Planning and Zoning
RE: Service Availability
This letter acknowledges that the above referenced project is located in an area
served by AT&T. Any service arrangements for this location will be subject to later
discussions and agreements between the developer and AT&T. Please be advised
that this letter is not a commitment by AT&T to provide service to the proposed
subdivision / development of Parcel I.D. 15164, located at the N. E. corner of
Magnolia Av. and N. Church St., but an acknowledgement that we have service in
this area.
Please contact me at the phone number included in this letter if you have any
questions.
Thank you for contacting AT&T.
Sincerely,
Wade Mitchell
MGR OSP Planning & Engineering Design
FAIRHOPE AVE S BANCROFT STS SECTION STS SUMMIT ST S CHURCH STN SUMMIT STATKINSON LN
MAGNOLIA AVE
N SCHOOLSTSAXE LN N CHURCH STN BANCROFT STN SECTION STPINE AVE
EQUALITY ST
BOISE LNGENEVIEVE LN
OAK AVE
City of FairhopePlanning Commission
October 2, 2023
¯N CHURCH STMAGNOLIA AVE
SR 23.05 - Vatan Mixed Use Development
Legend
Roads
Parcels
Corporate Limits
Zoning Classification
B-2 - General Business District
B-3b - Tourist Resort Commercial Service District
B-4 - Business and Professional District
P-1 - Parking
R-2 - Medium Density Single-Family
R-4 - Low Density Multi-Family
R-5 - High Density Dwelling Residential
Planning Jurisdiction
^
Project Name:
Vatan Mixed Use DevelopmentSite Data:
0.52 acresProject Type:
Site Plan ReviewJurisdiction:
Fairhope Planning JurisdictionZoning District:
B-2PPIN Number:
15164General Location:
Northeast corner of North Church St.
and Magnolia Ave.Surveyor of Record:
S.E. Civil LLCEngineer of Record:
S.E. Civil LLCOwner / Developer:
Approve with Conditions
School District:
Fairhope Elementary School
Fairhope Middle and High Schools Recommendation:
Prepared by:
µ
µ
Mike Jeffries
FST RW LLC
□
C -----
LLC Cert of Formation - 11/2021 Page 1 of 2
STATE OF ALABAMA
DOMESTIC LIMITED LIABILITY COMPANY (LLC)
CERTIFICATE OF FORMATION
PURPOSE: In order to form a Limited Liability Company (LLC) under Section 10A-5A-2.01 of the Code of Alabama
1975, this Certificate of Formation and the appropriate filing fees must be filed with the Office of the Secretary of
State. The information required in this form is required by Title 10A.
1. The name of the limited liability company (must contain the words “Limited Liability Company” or the abbreviation
“L.L.C.” or “LLC,” and comply with Code of Alabama, Section 10A-1-5.06. You may use Professional or
Series before Limited Liability Company or LLC (or PLLC or SLLC) if they apply:
2.A copy of the Name Reservation Certificate from the Office of the Secretary of State must be attached.
3. The name of the registered agent (only one agent):
Street (no PO Boxes) address of registered office (must be located in Alabama):
*COUNTY of above address:
Mailing address in Alabama of registered office (if different from street address):
4.The undersigned certify that there is at least one member of the limited liability company.
(For SOS Office Use Only)
RW LLC
David Ryan
Alabama
Sec. Of State
001-044-188 DLL
Date 10/12/2022
Time 11:20:00
File $100.00
County $100.00
-------
Total $200.00
71 N. Section Street, Suite B Fairhope, AL 36532
BALDWIN
[]
-
DOMESTIC LIMITED LIABILITY COMPANY (LLC) CERTIFICATE OF FORMATION
LLC Cert of Formation – 11/2021 Page 2 of 2
5.Check only if the type applies to the Limited Liability Company being formed:
Series LLC complying with Title 10A, Chapter 5A, Article 11
Professional LLC complying with Title 10A, Chapter 5A, Article 8
Non-Profit LLC complying with Section 10A-5A-1.04(c)
6.The filing of the limited liability company is effective immediately on the date received by the office of the Secretary
of State, Business Services Division or at the delayed filing date (cannot be prior to the filing date) specified in
this filing complying with Section 10A-1-4.12
The undersigned specify / / as the effective date (must be on or after the date filed in the
office of the Secretary of State, but no later than the 90th day after the date this instrument was signed) and the time
of filing to be : AM or PM. (cannot be noon or midnight – 12:00)
Attached are any other matters the members determine to include herein (if this item is checked there must be
attachments with the filing).
Date (MM/DD/YYYY) Signature as required by 10A-5A-2.04
Typed title (organizer or attorney-in-fact)
*County of Registered Agent is requested in order to determine distribution of County filing fees.
10 12 2022
11 20
10 //12 2022
Member
David Ryan
_Q
_Q
_Q
_O_
--® ~0-~-----
Additional Details
Organizers
Organizer Street Address Mailing Address
David Ryan 71 N. Section Street, Suite B
Fairhope, AL 36532
71 N. Section Street, Suite B
Fairhope, AL 36532
1 SR 23.05 Vatan Site Plan – October 2, 2023
Summary of Request:
Request of Applicant, SE Civil, LLC, on behalf of owner, FST/RW LLC, for Site Plan Approval of Vatan Mixed Use
Development. David Lavery, P.E., is the authorized agent and engineer for the project. The subject property is
zoned B-2 General Business District and is within the Central Business District. Subject property is
approximately 0.52 acres and is located at 301 Magnolia Avenue on the corner of Magnolia Avenue and Church
Street. It is the intent of the Applicant to have a dedicated 1,200ft² retail/commercial component in each first
floor of the two (2) structures facing Magnolia Avenue with one (1) residential unit occupying the second and
third floor of each structure. The remaining five (5) structures will be single family dwelling units. In total,
seven (7) residential units and two (2) commercial units are proposed on one lot with shared areas under
common ownership. This project was the subject of BOA Case 23.02 in which the “use” was clarified. In short,
mixed use, residential, and retail/commercial are allowed by right to some degree in B-2, but having all of the
uses on one (1) lot with not every structure being “mixed use” per se is a different concept. This combination
of use was approved in BOA Case 23.02.
Figure 1: Site Plan
i
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2 SR 23.05 Vatan Site Plan – October 2, 2023
Figure 2: Site Data Tables
Setbacks: B-2 only has a front setback at 20ft; however, this being located in the CBD allows for non-
residential buildings to be built at the right-of-way line, unless a courtyard, plaza, or other public space is
provided. Unit 2 is mixed use and has a courtyard. The rest of the units are built to the lot lines. This being a
corner lot the setbacks for the front and side are the same pursuant to Article V, Section B(4)(b) of the Zoning
Ordinance.
Building(s): The buildings meet the height restriction of B-2. Architectural elevations are provided as
attachments. Front elevations are shown in Figure 3. The buildings will be 40 ft tall pursuant to the dimension
standards of the CBD. However, the subject property fluctuates in elevation from 97 ft to 111 ft above sea
level. The Applicant is developing the subject property using the existing natural topography. Applicants are
to use the average elevation of each condominium lot, which will result in the structures following the existing
grade. “Building Height” is defined in the Zoning Ordinance as “the vertical distance measured from the
average natural elevation of the lot to the mean point of the roof of the building.” Thus, the structures may
appear to be different heights, but, in fact, they all will be 40 ft tall or less.
Materials for the building are primarily brick, stucco, metal roof and overhangs.
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3 SR 23.05 Vatan Site Plan – October 2, 2023
Figure 3: Elevations from Magnolia Avenue
Landscaping Plan: There is an extensive landscaping plan that has been reviewed. Revised plans, if any, shall
be received prior to sending the Site Plan to City Council for final approval. (Ordinance #1444, Section20.5-
4(6)).
Parking: Parking meets the requirements of Zoning Ordinance. Fourteen (14) spaces are provided and only
seven (7) are necessary. All parking is located mostly behind the buildings and in garages that have a direct
pedestrian connection to the primary entrance off Magnolia Avenue. Units 6 & 7 have garages situated to the
side.
Sidewalks: This Site Plan includes an interior sidewalk for Unit 2 and the required 8’ sidewalks along Magnolia
Avenue and Church Street. Applicant is tying into existing sidewalks wherever possible. Part of the sidewalk in
front of Units 3 and 4 is cinched in to 6’ in order to accommodate heritage trees. There is also an existing 5’
sidewalk close to the corner of Magnolia and Church in the Magnolia ROW that the Applicant desires to keep
to 5’ in order to protect two (2) heritage trees. A request to City Council for parts of the sidewalks to be less
than 8’ pursuant to Article V, Section B(4)(e) Zoning Ordinance is included in the packet. Some areas of the
sidewalk may be less that 6 feet to avoid critical root zones.
o Elevated stairs located in the ROW are proposed to access the buildings fronting Church St. to
minimize disturbance to existing heritage trees. A Hold-Harmless shall be required prior to any land
disturbance or issuance of anu building permit.
Locations, intensity, and heights of exterior lights: All lighting fixtures will be for each individual unit. No
parking lot or driveway pole lights will be provided. All light fixtures will be installed so that no light or glare is
allowed to spill onto the right of way or adjacent property. A photometric plan was not provided, however,
will be required at time of building permit application.
Mechanical equipment: Mechanical equipment has been finalized, reviewed, and accepted, and all appear on
the Site Plan. HVAC equipment is screened.
I }
~
1 SOUTH
4 SR 23.05 Vatan Site Plan – October 2, 2023
Dumpster location and screening: Units 3-7 are strictly residential and have trash receptacles located in each
garage. Units 1 and 2, which are mixed-use have a residential trash receptacle located in each garage and a
screened commercial receptacle located to the rear of the units. The development will have a private trash
service that will gather the garbage from outside locations for each unit within the development. Trash
receptacles will not be rolled out to any public right-of-way.
Fences: There is various fencing on the site. Since the underlying zoning is B-2 and non-residential then side
fencing on the site shall not be mor than 12’ tall. The plan has landscape fencing at 3’ and the east side of the
site has 10’ fencing made of multiple materials.
Figure 4: Dumpster and HVAC Enclosures.
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5 SR 23.05 Vatan Site Plan – October 2, 2023
Figure 5: Fence and Wall Details.
Storm water: The terrain of the site falls from east to west with elevations ranging. Runoff flows westward
across the surface of the site and enters the N. Church Street ROW where it enters City storm sewer lines
through inlets located along N. Church Street. Runoff will be directed to a series of area drains and drop inlets
located along N. Church Street. The underground storm pipes will carry the runoff to an existing City inlet on
the east side of N. Church Street near the Magnolia Avenue intersection where it will continue through
Fairhope’s storm sewer network. Retention facilities are not required for this development. An HOA will be
formed that will be required to maintain any and all stormwater facilities and structures located outside of
the publicly accepted ROW. Submitted plans have been approved.
Location and size of all signage: A sign plan was not provided. It is the intent to have minimal signage. A sign
plan shall be in compliance with the Sign Ordinance.
Erosion control: An Erosion Control plan was submitted with the application and is acceptable.
Utilities: A utility plan was submitted and has been reviewed and approved by the appropriate providers.
The contractor is responsible to get electricity to the take off pole. Risers for gas meters will be installed based
on the locations provided by the applicant.
ADA Requirements: ADA requirements have been met, but will be inspected during construction
construction.
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6 SR 23.05 Vatan Site Plan – October 2, 2023
Traffic: A traffic impact study is not warranted for this project pursuant to letter dated August 21, 2023, from
S.E. Civil.
Article II, Section C.2.d. (Site Plan Review Criteria)
Criteria – The application shall be reviewed based on the following criteria:
(1) Compliance with the Comprehensive Plan;
The property is currently zoned B-2 and the uses currently proposed (residential and office) are
allowed in B-2.
(2) Compliance with any other approved planning documents; Will be met prior to vertical
construction/applying for building permit.
(3) Compliance with the standards, goals, and intent of this ordinance and applicable zoning districts;
The standards of the zoning ordinance have been, or shall be by condition of approval, met.
(4) Compliance with other laws and regulations of the City;
Meets
(5) Compliance with other applicable laws and regulations of other jurisdictions;
Meets
(6) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and
property values; Meets
(7) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical
impacts, and property values; Property is zoned B-2, which allows for such things and the site does not
abut conflicting uses.
(8) Overall benefit to the community;
No Conflicts.
(9) Compliance with sound planning principles; Meets
(10) Compliance with the terms and conditions of any zoning approval;
Meets
(11) Any other matter relating to the health, safety, and welfare of the community;
Nothing noted
(12) Property boundaries with dimensions and setback lines;
Meets
(13) Location of proposed buildings and structures indicating sizes in square feet;
Meets
(14) Data to show percentage of lot covered with existing and proposed buildings;
Meets
(15) Elevations indicating exterior materials;
Front elevations were provided.
(16) The locations, intensity, and height of exterior lights; Meets
(17) The locations of mechanical equipment;
All relevant requirements are met.
(18) Outside storage and/or display; Meets
(19) Drive-up window locations (must be away from residential uses/districts and not in front of building);
n/a
(20) Curb-cut detail and location(s);
Provided.
(21) Parking, loading, and maneuvering areas;
Meets
(22) Landscaping plan in accordance with the City Landscape Ordinance;
7 SR 23.05 Vatan Site Plan – October 2, 2023
Meets
(23) Location, materials, and elevation of any and all fences and/or walls;
Meets
(24) Dumpster location and screening; and
Meets
(25) Location and size of all signage.
A signage plan is underway and the plan shall conform to the Sign Ordinance.
Recommendation:
Staff recommends conditional approval of case SR 23.05 with the following conditions:
1.) No part of any building shall extend beyond 40’ from the natural elevation of each building pad.
2.) Signage plan shall conform to the Sign Ordinance.
3.) Provide a Hold-Harmless agreement for staircases proposed in the ROW.
ATTACHMENT TO APPLICATION FOR
VATAN SITE PLAN AND MOP (FOR PROPERTY PIN_#15164)
LOCATED AT THE CORNER OF MAGNOLIA AVENUE
AND CHURCH STREET IN FAIRHOPE, ALABAMA
(8-22-23)
The proposed Project for the Property (named “Vatan”) is depicted on the attached Site
Plan and MOP applications. Vatan is a mixed-use development comprised of 7 architecturally
compatible and separate structures and will constitute a land condominium created and
administered in accordance with the Alabama Uniform Condominium Act.
The dedicated retail/commercial component of Building 1 fronting Magnolia Avenue
comprises approximately 1,400 square feet on the first floor and is intended to serve one or more
small scale retail/commercial tenants, and the second and third floors of Building 1 (consisting of
approximately 3,000 square feet) are intended for a single residential use.
The dedicated retail/commercial component of Building 2 fronting Magnolia Avenue
comprises approximately 2,980 square feet on the first and second floors and is intended to serve
one or more small scale retail/commercial tenants. The third floor of Building 2 (consisting of
approximately 1,730 square feet) is intended for a single residential use.
The remaining 5 Buildings in Vatan (facing Church Street and internal to the Property)
range from approximately 3,500 square feet to approximately 2,300 square feet, and each of them
is primarily intended for a single residential use.
At the Board of Adjustments meeting for Vatan earlier in 2023, allowance was made for
calculating the height of each Building on the basis of each Building’s individual footprint. The
mixed-use Buildings facing Magnolia Avenue are 40 feet in height in accordance with the
calculation methodology used by the City of Fairhope, and the remaining 5 Buildings are 35 feet
or less in height in accordance with the City of Fairhope’s calculation methodology.
Substantial planning has been undertaken to ensure that the Project is consistent with the
applicable regulations within the zoning for the Property and the Central Business District of
Fairhope. Project attributes include:
a. a single entry/exit to and from the Property for vehicular traffic, promoting traffic safety;
b. on-site parking that is twice the minimum number of spaces required in the CBD;
c. dedicated golf cart parking for certain Buildings located on the Property;
d. a site plan and design that makes every effort to preserve the trees located both on the
Property and in the Magnolia Avenue and Church Street right-of-ways;
e. the Project is complimentary of the residential, commercial and mixed-use developments
in the immediate vicinity of the Property; and
f. the Project is supportive of and promotes multiple of the objectives specifically applicable
to the CBD in the Fairhope Zoning Ordinance, including:
• generating high levels of pedestrian and bicycle traffic;
• providing a mix of uses;
• strengthening non-automotive connections to adjacent neighborhoods;
• buffering surrounding neighborhoods from any adverse impacts of activities in the
CBD; and
• providing a small park/green space for Property occupants
The Site Plan and the arrangement of structures on the Property compliment the natural
topography of the Property, which ranges from 111 feet above sea level to 97 feet above sea level.
The Site Plan, Project design and Project configuration are all intended to promote the highest and
best use of the Property and to also further enhance the CBD and general downtown area of
Fairhope.
. •
PROPOSED TREE CARE PLAN as of June 21, 2023
I. Assignment Components
A. Assess the health and structure of the live oak trees located at this site.
B. Develop a basis plan of care for the trees to mediate the impact of proposed
construction near these trees.
C. Assess construction and site plans to recommend alternatives to reduce the impact
upon the trees.
D. Develop a tree protection plan using the approved plans prior to the start of construction.
E. Communicate with contractors as needed to explain the tree protection plan, reevaluate
the tree protection plan as needed due to changes with construction plans, and assess
any contractor damage to these trees, develop remediation plans, and determine the
cost of any damage and/or cost of treatment for these trees.
F. Monitor the trees before, during, and after construction.
G. Provide a written report for items A – D.
II. Care Components A. Tree health and structure assessment for the 5 trees on the Right of Way (ROW) and 1 tree on the property. The assessment will not be a tree risk assessment but rather a basis assessment looking for defects that could require a formal tree risk assessment. B. Using the current plans, determine areas that will require air excavation to map and/or prune roots as needed.
C. Collect a soil sample(s) for testing. The results will be used to determine a prescription for fertilization.
D. Determine if the use of a tree growth regulator will have benefit and apply as needed.
E. Using the approved plans, determine pruning needs for limb removal and/or reduction to provide clearance for the buildings and any space needed for construction purposes.
F. Standard pruning to remove deadwood one-inch diameter and larger, crossing limbs, cracked or broken limbs, and hanging limbs. Reduction pruning of over-extended limbs as needed. Pruning will follow ANSI A-300 Part 1 standards.
G. An application of mulch up to 12-inches deep in areas that will not be fenced off from construction and sufficient roots are present.
H. The installation of a fence, to protect tree roots, outside of the building’s footprint and any over-dig construction areas where sufficient roots are present.
I. Consult with contractors before, during, and after construction as needed. Review construction plans, make recommendations, and develop or review existing tree protection plans. Assess any damage, develop a remediation plan, and determine the responsible party as needed. Application for tree pruning or removal permits.
1
Dave Lavery
From:Jamie Rollins <jamie.rollins@fairhopeal.gov>
Sent:Wednesday, September 13, 2023 4:08 PM
To:Richard Johnson; Dave Lavery
Cc:Mike Jeffries; Michelle Melton; Hunter Simmons
Subject:Re: Vatan Mixed Use Development
We met on-site today. The sidewalks are a difficult one. It is obvious that many measures are being taken to
preserve the trees on-site. A consulting arborist has been working with the project and I agree with
his assessment that removing 12-14 inches of material in the critical root zone of the trees will be very
impactful to the trees. Maybe not today but time will tell that tale. The middle tree is my biggest concern.
Could we find a way to do wooden boardwalk or something less impactful there?
Thanks,
Jamie
Get Outlook for iOS
From: Richard Johnson <richard.johnson@fairhopeal.gov>
Sent: Wednesday, September 13, 2023 2:57:54 PM
To: Dave Lavery <dlavery@secivileng.com>
Cc: Mike Jeffries <mike.jeffries@fairhopeal.gov>; Michelle Melton <michelle.melton@fairhopeal.gov>; Hunter Simmons
<hunter.simmons@fairhopeal.gov>; Jamie Rollins <jamie.rollins@fairhopeal.gov>
Subject: RE: Vatan Mixed Use Development
Dave:
I have reviewed the proposed drainage for the subject development – I have no issues or concerned. I will get you a copy
of the “As Builts” for this portion of the Church Street Drainage.
As discussed – sidewalks as shown are acceptable, however, I recognize that post approval and during construction we
may have to make some modifications to mitigate tree impacts and/or meet ADA compliancy requirements.
All approvals are conditioned on final approval by the City Horticulture Supervisor’s for compliance with the Tree &
Landscape Ordinance.
Thanks,
RDJ
Richard D. Johnson, PE
Public Works Director
richard.johnson@fairhopeal.gov
Office: 251-929-0360
Cell: 251-423-7418
From: Dave Lavery <dlavery@secivileng.com>
Sent: Tuesday, September 12, 2023 1:44 PM
2
To: Richard Johnson <richard.johnson@fairhopeal.gov>
Subject: RE: Vatan Mixed Use Development
Good afternoon Richard,
I revised the civil plans for Vatan so that the site drainage would connect to the grate inlet to the north of our site
instead of the catch basin near the corner of Magnolia and Church. Please let me know if you have any comments on the
revised plan set.
Thank you,
Dave Lavery, PE
9969 Windmill Road
Fairhope, Alabama 36532
251-990-6566 phone
www.secivil.pro
From: Dave Lavery
Sent: Friday, September 8, 2023 12:30 PM
To: richard.johnson@fairhopeal.gov
Subject: RE: Vatan Mixed Use Development
Good afternoon Richard,
I received a comment from Wednesday’s DRC to follow up with you on sidewalk layout, drainage plan, and any potential
additions/improvements. The civil plans are attached. Please let me know if you have any comments that need to be
addressed. Planning has asked that I respond by Thursday morning at 9:00 so please let me know as soon as possible if
you need additional information of if you have any comments that might require plan revisions. I’d be happy to come in
early next week and look at the plans with you if that makes it any easier.
Thank you,
Dave Lavery, PE
9969 Windmill Road
Fairhope, Alabama 36532
251-990-6566 phone
www.secivil.pro
3
From: Dave Lavery
Sent: Wednesday, August 16, 2023 2:12 PM
To: richard.johnson@fairhopeal.gov
Subject: Vatan Mixed Use Development
Good afternoon Richard,
We are working through the design for the Vatan Mixed Use Development on the northeast corner of Magnolia and
Church. Attached are current versions of the site plan and grading and drainage plan. Do you have any comments on the
sidewalk layout, the storm connection, or anything else you see that needs to be addressed? Or if it would be easier to
go over this in person I would be happy to come by.
I also had a question on the existing storm sewer on the east side of Church Street. Our survey (attached) shows a 15”
CPP stubout (I think it’s actually RCP) on the north side of a catch basin near Magnolia, and further north there is a 15”
CMP stubout on the south side of an inlet. Those lines are pointing towards each other, but aren’t shown connecting in
our survey. With the inverts we shot, I don’t think they would be connected, but can you verify?
I currently show our storm coming into the ROW near the north side of the property line and going to the inlet to the
south, which is further away than the inlet to the north, but we’ll have to tear up more sidewalk, curb, and street to
connect to the north inlet. Are you okay with us connecting to the south?
Thank you,
Dave Lavery, PE
9969 Windmill Road
Fairhope, Alabama 36532
251-990-6566 phone
www.secivil.pro
September 5, 2023
City Council
City of Fairhope
451 Pecan Ave. Ste. 200
Fairhope, AL 36532
Civil
Engineering
& Surveying
Re: SD 23.26 & SR 23.05-Vatan Mixed Use Development
Sidewalk Width Reduction Request
Dear Council:
I would like to request a reduced sidewalk width of 6 feet for portions of the proposed Vatan Mixed Use
Development. The site is located on the northeast comer of Magnolia Avenue and Church Street and is within
the Central Business District (CBD). The minimum sidewalk width within the CBD is 8 feet, but can be
reduced to 6 feet with City Council Approval.
Within the Church Street Right-Of-Way there are multiple heritage Live Oaks between the proposed buildings
and the street. The available space from the existing curb to their trunks is between 10 and 13 feet. Reducing
the sidewalk width to 6 feet in the vicinity of these trees will reduce the impact to the roots of these trees.
Additionally, in the Magnolia Avenue Right-Of-Way near the intersection there is existing 5' sidewalk which
is immediately adjacent to 2 heritage trees. I would like to request that this sidewalk near these trees be
allowed to remain in place with no requirement to increase the sidewalk width.
Please see the attached sketch depicting the proposed sidewalk widths within the Right-Of-Way
Please let me know if you have any questions or comments.
Sincerely,
~
~ David Lavery, PE
dlavery@secivileng.com
9969 Windmill Road Fairhope, Alabama 36532 251-990-6566
August 21, 2023
Hunter Simmons
City of Fairhope
451 Pecan Ave. Ste. 200
Fairhope, AL 36532
Civil
Engineering
& Surveying
Re: Va tan Mixed Use Development -Traffic Impact Study Note
Dear Hunter:
This letter is to serve as back up information as to why a Traffic Impact Study is not warranted for this project.
According to the subdivision regulations a traffic impact study is required if a project will increase the average
daily traffic by 1,000 trips or generate 50 trips or more during any peak hour period.
The proposed project will add 7 new residential units and 2,619 square feet of office space. Per the attached
chart we have an average daily traffic of 70 trips and a total of 8 peak hour trips for this development.
If you have any questions, please let me know .
Sincerely,
~
~
dlavery@secivileng.com
9969 Windmill Road Fairhope, Alabama 36532 251-990-6566
Instructions:Trip Generation Rates from the 8th Edition ITE Trip Generation ReportEnter Numbers into the "Expected Units"NA: Not AvailableKSF2: Units of 1,000 square feetin the Corresponding Yellow ColumnDU: Dwelling UnitFuel Position: # of vehicles that could be fueled simultaneouslyOcc.Room: Occupied RoomDescription / ITE Code UnitsRate Weekday Daily Traffic PM Peak Period Rate% PM In% PM OutExpected Units (independent variable)Calculated Daily TripsPM Peak Trips - TotalPM In PM Out NotesWaterport/Marine Terminal 010Berths171.52NA NA NA0NA NA NACommercial Airport 021Employees13.400.80 54% 46%00NA NACommercial Airport 021Avg Flights/Day104.735.75 56% 44%00NA NACommercial Airport 021Com. Flights/Day122.216.88 54% 46%00NA NAGeneral Aviation Airport 022Employees14.241.03 45% 55%00NA NAGeneral Aviation Airport 022Avg. Flights/Day1.97NA NA NA0NA NA NAGeneral Aviation Airport 022Based Aircraft5.000.37 45% 55%00NA NATruck Terminal 030Acres81.906.55 43% 57%00NA NA Caution- Only 3 StudiesPark&Ride w/ Bus Service 090Parking Spaces4.500.62 22% 78%00NA NAPark&Ride w/ Bus Service 090Occ. Spaces9.620.81 28% 72%00NA NALight Rail Station w/ Park 093Parking Space2.511.24 58% 42%00NA NALight Rail Station w/ Park 093Occ. Spaces3.911.33 58% 42%00NA NAGeneral Light Industrial 110KSF26.970.97 12% 88%00NA NAGeneral Light Industrial 110Employees3.020.42 21% 79%00NA NAGeneral Heavy Industrial 120KSF21.500.68 NA NA00NA NA Caution-Only 3 Studies.General Heavy Industrial 120Employees0.820.88 NA NA00NA NAIndustrial Park 130KSF26.960.86 21% 79%00NA NAIndustrial Park 130Employees3.340.46 20% 80%00NA NAManufacturing 140KSF23.820.74 36% 64%00NA NAManufacturing 140Employees2.130.36 44% 56%00NA NAWarehousing 150KSF23.560.32 25% 75%00NA NAWarehousing 150Employees3.890.59 35% 65%00NA NAMini Warehouse 151KSF22.500.26 51% 49%00NA NAMini Warehouse 151Storage Units0.250.02 NA NA00NA NAMini Warehouse 151Employees61.906.04 52% 48%00NA NAHigh-Cube Warehouse 152KSF21.440.10 33% 67%00NA NAHigh-Cube Warehouse 152EmployeesNA0.66 35% 65%00NA NAUtilities 170KSF2NA0.76 45% 55%00NA NAUtilities 170EmployeesNA0.76 90% 10%00NA NASingle Family Homes 210DU9.571.01 63% 37%00NA NASingle Family Homes 210Vehicles6.020.67 66% 34%00NA NAApartment 220DU6.650.62 65% 35%00NA NAApartment 220Persons3.310.40 NA NA00NA NAApartment 220Vehicles5.100.60 NA NA00NA NALow Rise Apartment 221Occ.DU6.590.58 65% 35%00NA NAHigh Rise Apartment 222DU4.200.35 61% 39%00NA NAMid-Rise Apartment 223DUNA0.39 58% 42%00NA NARental Townhouse 224DUNA0.72 51% 49%00NA NA Caution- Only 1 Study.Resd. Condo/Townhouse 230DU5.810.52 67% 33%7.041421Resd. Condo/Townhouse 230Persons2.490.24 67% 33%00NA NALow Rise Resd. Condo 231DUNA0.78 58% 42%00NA NAHigh Rise Resd. Condo 232DU 4.180.38 62% 38%00NA NALuxury Condo/Townhouse 233Occ. DUNA0.55 63% 37%00NA NAMobile Home Park 240DU4.990.59 62% 38%00NA NAMobile Home Park 240Persons2.460.26 63% 37%00NA NARetirement Community 250DUNA0.27 56% 44%00NA NA Caution- Only 1 StudyElderly Housing-Detached 251DU3.710.27 61% 39%00NA NA Caution- Only 1 Study.Congregate Care Facility 253Occ.DU2.150.17 56% 44%00NA NA Caution- Only 2 StudiesElderly Housing- Attached 252Occ.DU3.480.16 60% 40%00NA NA Caution- Only 4 StudiesI I
Recreational Homes 260DU3.160.26 41% 59%00NA NAResidential PUD 270DU7.500.62 65% 35%00NA NAHotel 310Occ. Room8.920.70 49% 51%00NA NAHotel 310Rooms8.170.59 53% 47%00NA NAHotel 310Employees14.340.80 54% 46%00NA NAAll Suites Hotel 311Occ.Room6.240.55 42% 58%00NA NA Caution- Only 4 StudiesAll Suites Hotel 311Rooms4.900.40 45% 55%00NA NABusiness Hotel 312Occ. Room7.270.62 60% 40%00NA NA Caution-Only 4 StudiesBusiness Hotel 312Employees72.677.60 60% 40%00NA NAMotel 320Occ.Room9.110.58 53% 47%00NA NAMotel 320Rooms5.630.47 54% 46%00NA NAMotel 320Employees12.810.73 54% 46%00NA NAResort Hotel 330Occ. Room13.430.49 43% 57%00NA NA Daily Rate for Saturday.Resort Hotel 330RoomsNA0.42 43% 57%00NA NACity Park 411Picinic Sites5.87NA NA NA0NA NA NACounty Park 412Acres2.280.06 41% 59%00NA NAState Park 413Picnic Sites9.950.65 43% 57%00NA NAState Park 413EmployeesNA4.67 43% 57%00NA NAWater Slide Park 414Parking Space2.27NA NA NA0NA NA NA Caution- Only 1 Study.Beach Park 415Acres29.811.30 29% 71%00NA NACampground/RV Park 416Acres74.380.39 NA NA00NA NA Caution-Only 1 Study.Regional Park 417Picnic Sites61.829.60 41% 59%00NA NA Peak Hour is PM Peak Hour.Regional Park 417Employees79.7710.26 45% 55%00NA NANational Monument 418Employees31.055.58 NA NA00NA NA Peak Hour is PM Peak Hour.Marina 420Berths2.960.19 60% 40%00NA NA Caution- Only 2 StudiesGolf Course 430Employees20.521.48 48% 52%00NA NAGolf Course 430Holes35.742.78 45% 55%00NA NAMinature Golf Course 431HolesNA0.33 33% 67%00NA NAGolf Driving Range 432TeesNA1.25 45% 55%00NA NA Caution- Only 2 Studies.Multipurpose Rec. Facility 435Acres90.385.77 NA NA00NA NA Caution- Only 1 Study.Live Theater 441SeatsNA0.02 50% 50%00NA NAMovie Theater w/o matinee 443KSF278.066.16 94% 6%00NA NA Caution- Only 1 Study.Movie Theater w/o matinee 443Movie Screens220.0024.00 41% 59%00NA NAMovie Theater w/o matinee 443Seats1.760.07 75% 25%00NA NA Peak Hour is PM Peak Hour.Movie Theater w/o matinee 443Employees53.124.20 NA NA00NA NAMovie Theater w/ matinee 444KSF2NA3.80 64% 36%00NA NA Caution- Only 1 Study.Movie Theater w/ matinee 444Movie Screens153.3320.22 40% 60%00NA NAMovie Theater w/ matinee 444SeatsNA0.14 53% 47%00NA NAHorse Track 452Employees2.60NA 50% 50%0NA NA NADog Track 454Attendees1.090.13 66% 34%00NA NAArena 460Employees10.00NA 50% 50%0NA NA NAIce Rink 465Seats1.260.12 NA NA00NA NA Caution- Only 1 Study.Casino/Video Lottery Establishment 473KSF2NA13.43 56% 44%00NA NAAmusement Park 480Employees8.330.50 61% 39%00NA NAZoo 481Acres114.88NA 50% 50%0NA NA NAZoo 481Employees23.93NA 50% 50%0NA NA NATennis Courts 490Courts31.043.88 NA NA00NA NATennis Courts 490Employees66.675.67 NA NA00NA NARacquet Club 491Courts38.703.35 NA NA00NA NARacquet Club 491KSF214.031.06 NA NA00NA NARacquet Club 491Employees45.714.95 NA NA00NA NAHealth Club 492KSF232.933.53 57% 43%00NA NA Caution- Only 1 StudyBowling Alley 494KSF233.333.54 35% 65%00NA NA Caution- Only 1 Study.Recreational Com. Center 495KSF222.881.45 37% 63%00NA NA Caution- 1 study.Recreational Com. Center 495Employees27.253.16 44% 56%00NA NAMilitary Base 501Employees1.780.39 NA NA00NA NAElementary School 520Students1.290.15 49% 51%00NA NA Peak Hour is PM Peak Hour.Elementary School 520KSF215.431.21 45% 55%00NA NAElementary School 520Employees15.711.81 49% 51%00NA NAPrivate School (K-12) 536Students2.480.17 43% 57%00NA NA Caution- Only 2 studies.Middle/ JR. High School 522Students1.620.16 49% 51%00NA NA
Middle/ JR. High School 522KSF213.781.19 52% 48%00NA NAHigh School 530Students1.710.13 47% 53%00NA NAHigh School 530KSF212.890.97 54% 46%00NA NAHigh School 530Employees19.741.55 54% 46%00NA NAJunior/ Comm. College 540Students1.200.12 64% 36%00NA NAJunior/ Comm. College 540KSF227.492.54 58% 42%00NA NAJunior/ Comm. College 540Employees15.551.39 58% 42%00NA NAUniversity/College 550Students2.380.21 30% 70%00NA NAUniversity/College 550Employees9.130.88 29% 71%00NA NAChurch 560KSF29.110.55 48% 52%00NA NA For WeekdaySynagogue 561KSF210.641.69 47% 53%00NA NA Caution- Only 1 Study.Daycare Center 565KSF279.2612.46 47% 53%00NA NADaycare Center 565Students4.480.82 47% 53%00NA NADaycare Center 565Employees28.134.79 47% 53%00NA NACemetery 566Employees58.097.00 33% 67%00NA NAPrison 571KSF2NA2.91 NA NA00NA NA Peak Hour is PM Peak Hour. Caution- Only 1 Study.Prison 571EmployeesNA0.23 28% 72%00NA NALibrary 590KSF256.247.30 48% 52%00NA NALibrary 590Employees52.525.40 47% 53%00NA NALodge/Fraternal Organization 591Members0.290.03 NA NA00NA NA Caution- Only 1 Study.Lodge/Fraternal Organization 591Employees46.904.05 NA NA00NA NAHospital 610KSF216.501.14 42% 58%00NA NAHospital 610Beds11.811.31 36% 64%00NA NAHospital 610Employees5.200.33 31% 69%00NA NANursing Home 620Beds2.370.22 33% 67%00NA NANursing Home 620Employees4.03NA 26% 74%0NA NA NA Peak Hour is PM Peak Hour.Clinic 630KSF231.455.18 NA NA00NA NA Caution- Only 2 Studies.Clinic 630Employees7.751.23 41% 59%00NA NAGeneral Office 710 (Equation)KSF2Equation Equation17% 83%00NA NAGeneral Office 710KSF211.011.49 17% 83%2.629413Corporate Headquarters 714KSF27.981.40 10% 90%00NA NA Peak Hour is PM Peak Hour.Corporate Headquarters 714Employees7.981.40 10% 90%00NA NA Peak Hour is PM Peak Hour.Single Tenant Office Bldg 715KSF211.571.72 15% 85%00NA NA Peak Hour is PM Peak Hour.Single Tenant Office Bldg 715Employees3.620.50 15% 85%00NA NA Peak Hour is PM Peak Hour.Medical Dental Office 720KSF236.133.46 27% 73%00NA NAMedical Dental Office 720Employees8.911.06 34% 66%00NA NAGovernment Office Building 730KSF268.931.21 31% 69%00NA NA Peak Hour is PM Peak Hour. Caution- Only 1 Study.Government Office Building 730Employees11.951.91 74% 26%00NA NAState Motor Vehicles Dept. 731KSF2166.0217.09 NA NA00NA NAState Motor Vehicles Dept. 731Employees44.544.58 NA NA00NA NAUS Post Office 732KSF2108.1911.12 51% 49%00NA NAUS Post Office 732Employees28.322.84 51% 49%00NA NAGov. Office Complex 733KSF227.922.85 31% 69%00NA NA Caution- Only 1 Study.Gov. Office Complex 733Employees7.750.79 31% 69%00NA NAR&D Center 760KSF28.111.07 15% 85%00NA NA Peak Hour is PM Peak Hour.R&D Center 760Employees2.770.41 10% 90%00NA NABuilding Materials/Lumber 812KSF245.164.49 47% 53%00NA NABuilding Materials/Lumber 812Employees32.122.77 51% 49%00NA NAFree-Standing Discount Superstore 813KSF253.134.61 49% 51%00NA NAFree-Standing Discount Store 815KSF257.245.00 50% 50%00NA NAFree-Standing Discount Store 815Employees28.843.48 50% 50%00NA NAHardware/Paint Store 816KSF251.294.84 47% 53%00NA NA Caution- Only 3 StudiesHardware/Paint Store 816Employees53.215.05 NA NA00NA NANursery (Garden Center) 817KSF236.083.80 NA NA00NA NA
Nursery (Garden Center) 817Employees22.131.99 NA NA00NA NANursery (Wholesale) 818KSF239.005.17 NA NA00NA NANursery (Wholesale) 818Employees23.400.47 NA NA00NA NAShopping Center 820 (Equation)KSF2Equation Equation49% 51%00NA NAShopping Center 820 RateKSF242.943.37 49% 51%00NA NAFactory Outlet Center 823KSF226.592.29 47% 53%00NA NAQuality Restaurant 931KSF289.957.49 67% 33%00NA NA Low Turnover - More than 1 hourQuality Restaurant 931Seats2.860.26 67% 33%00NA NAHigh Turnover/Sit Down Rest 932KSF2127.1511.15 59% 41%00NA NA Big variation on DailyHigh Turnover/Sit Down Rest 932Seats4.830.41 57% 43%00NA NAFast Food w/o Drive Thru 933KSF2716.0026.15 51% 49%00NA NAFast Food w/o Drive Thru 933Seats42.122.13 64% 36%00NA NAFast Food w/ Drive Thru 934KSF2496.1233.48 52% 48%00NA NAFast Food w/ Drive Thru 934Seats19.520.94 53% 47%00NA NADrive Thru Only 935KSF2NA153.85 54% 46%00NA NA Only 2 studiesDrinking Place 925KSF2NA11.34 66% 34%00NA NAQuick Lube Shop 941Service Bays40.005.19 55% 45%00NA NAAutomobile Care Center 942Service Bays12.482.17 NA NA00NA NA Daily Trips for Saturday. Caution- Only 1 Study.Automobile Care Center 942KSF215.863.38 50% 50%00NA NA Daily Trips for Saturday.New Car Sales 841 KSF233.342.59 39% 61%00NA NANew Car Sales 841 Employees21.140.96 48% 52%00NA NA Peak Hour is PM Peak Hour.Automobile Parts Sales 843KSF261.915.98 49% 51%00NA NAGasoline/Service Station 944Fuel. Position168.5613.87 50% 50%00NA NA Daily Rate from 4th Edition ITEServ.Station w/ Conven.Mkt 945Fuel Position162.7813.38 50% 50%00NA NA Have auto repair and serviceServ.Stat.w/Conv.Mkt.&Carwash 946Fuel Position152.8413.94 51% 49%00NA NASelf-Service Carwash 947Stalls108.005.54 51% 49%00NA NA Caution- Only 1 Study.Tire Store 848Service BaysNA3.54 42% 58%00NA NATire Store 848KSF224.874.15 43% 57%00NA NAWholesale Tire Store 849Service Bays30.553.17 47% 53%00NA NASupermarket 850KSF2102.2410.50 51% 49%00NA NA Daily based on small number of studies (Caution)Convenien. Mkt. (Open 24 hrs) 851KSF2737.9952.41 51% 49%00NA NAConvenien. Mkt. (Open 16 Hrs) 852KSF2NA34.57 49% 51%00NA NAConvenien. Mkt w/ Gas Pumps 853KSF2845.6059.69 50% 50%00NA NA Average size = 3,000 sqftDiscount Supermarket 854KSF296.828.90 50% 50%00NA NA Daily Trips for Saturday. Caution- Only 1 Study.Wholesale Market 860KSF26.730.88 53% 47%00NA NA Caution- Only 1 Study.Discount Club 857KSF241.804.24 50% 50%00NA NA Similar to "Sams" or "Pace"Home Improvement Store 862KSF229.802.37 48% 52%00NA NAElectronics Superstore 863KSF245.044.50 49% 51%00NA NAToy/Children's Superstore 864KSF2NA4.99 50% 50%00NA NA Peak Hour is for Saturday.Apparel Store 876KSF266.403.83 50% 50%00NA NADrugstore w/o Drive-Thru 880KSF290.068.42 50% 50%00NA NADrugstore w/ Drive-Thru 881KSF288.1610.35 50% 50%00NA NAFurniture Store 890KSF25.060.45 48% 52%00NA NAVideo Arcade 895KSF2NA56.81 52% 48%00NA NA Peak Hour is PM Peak Hour. Caution- Only 1 Study.Video Rental Store 896 KSF2NA31.54 50% 50%00NA NA Peak Hour is PM Peak Hour.Walk-in Bank 911KSF2156.4812.12 44% 56%00NA NA Daily based on 1 study & PM Peak based on 2 studies.Drive-in Bank 912Drive-in Windows139.2527.41 49% 51%00NA NADrive-in Bank 912KSF2148.1525.82 50% 50%00NA NA
NA: Not AvailableKSF2: Units of 1,000 square feetDU: Dwelling UnitFuel Position: # of vehicles that could be fueled simultaneously
Occ.Room: Occupied Room21-Aug-23
1
Dave Lavery
From:Curtis Cooper <Curtis.Cooper@fairhopeal.gov>
Sent:Tuesday, August 29, 2023 7:51 AM
To:Dave Lavery
Subject:Re: Magnolia & Church Fire Flow
When I get back to the office I will send you something on this.
Get Outlook for iOS
From: Dave Lavery <dlavery@secivileng.com>
Sent: Tuesday, August 29, 2023 7:43:28 AM
To: Curtis Cooper <Curtis.Cooper@fairhopeal.gov>
Subject: RE: Magnolia & Church Fire Flow
Good morning Curtis,
Sorry to pester you on this, but P&Z requested a response to the below comment by EOD. Can you provide a comment
that we can submit to satisfy this requirement?
Fire Flow Modeling (We realize that these tests were suspended due to water conservation. Please follow up with
sewer and water to schedule testing.)
Thank you,
Dave Lavery, PE
9969 Windmill Road
Fairhope, Alabama 36532
251-990-6566 phone
www.secivil.pro
From: Dave Lavery
Sent: Monday, August 28, 2023 10:11 AM
To: Curtis Cooper <Curtis.Cooper@fairhopeal.gov>
Subject: RE: Magnolia & Church Fire Flow
Curtis,
We submitted to Planning and Zoning and noted that we are unable to perform a Fire Flow Test until we Phase 1 of
water conservation, but they commented that we need to follow up to schedule testing. Can you provide an email that
we will be scheduled for a fire flow test when water conservation reaches Phase 1.
Thank you,
Civil
ngineetjng
& Surv yi11g
2
Dave Lavery, PE
9969 Windmill Road
Fairhope, Alabama 36532
251-990-6566 phone
www.secivil.pro
From: Dave Lavery
Sent: Monday, August 21, 2023 3:16 PM
To: Curtis Cooper <Curtis.Cooper@fairhopeal.gov>
Subject: RE: Magnolia & Church Fire Flow
Curtis,
Did you ever get a chance to check if there is fire flow data available in this area? Please let me know.
Thank you,
Dave Lavery, PE
9969 Windmill Road
Fairhope, Alabama 36532
251-990-6566 phone
www.secivil.pro
From: Curtis Cooper <Curtis.Cooper@fairhopeal.gov>
Sent: Wednesday, August 16, 2023 3:48 PM
To: Dave Lavery <dlavery@secivileng.com>
Subject: Re: Magnolia & Church Fire Flow
No I didn’t today. We had we’ll issues. And yes until we get to phase 1 of water conservation
Get Outlook for iOS
From: Dave Lavery <dlavery@secivileng.com>
Sent: Wednesday, August 16, 2023 3:08:19 PM
To: Curtis Cooper <Curtis.Cooper@fairhopeal.gov>
Subject: RE: Magnolia & Church Fire Flow
Civil
ngineedng
&: Surv yi:ng
Civil
ngineetjng
&: Surv yi11g
3
Were you able to look into this?
If you don’t have data available, would we need to wait to do a fire flow test until the moratorium is ended?
Thank you,
Dave Lavery, PE
9969 Windmill Road
Fairhope, Alabama 36532
251-990-6566 phone
www.secivil.pro
From: Curtis Cooper <Curtis.Cooper@fairhopeal.gov>
Sent: Tuesday, August 15, 2023 4:21 PM
To: Dave Lavery <dlavery@secivileng.com>
Subject: Re: Magnolia & Church Fire Flow
I will look tomorrow
Get Outlook for iOS
From: Dave Lavery <dlavery@secivileng.com>
Sent: Tuesday, August 15, 2023 4:13:56 PM
To: Curtis Cooper <Curtis.Cooper@fairhopeal.gov>
Subject: Magnolia & Church Fire Flow
Good afternoon Curtis,
Do you have any fire flow data available near Magnolia and Church? We are working on an MOB submittal for the parcel
on the northeast corner of that intersection.
Thank you,
Dave Lavery, PE
9969 Windmill Road
Fairhope, Alabama 36532
251-990-6566 phone
www.secivil.pro
Civil
Engineetino
& Surv ying
Civil
ngineetino
& Surv ying
AT&T Alabama
2155 Old Shell Rd
Mobile, AL 36607
www.att.com
T: 251.471.8361
F: 251.471.0410
w.mitchell@att.com
August 29, 2023
Dave Lavery
S.E. Civil Engineering & Surveying
RE: Service Availability – Vatan Mixed Use Development
Dear Mr. Lavery,
This letter is in response to your request for information on the availability of service at the
above location by AT&T.
This letter acknowledges that the above referenced property is located in an area served by
AT&T. Any service arrangements for this location will be subject to later discussions and
agreements between the developer and AT&T. Please be advised that this letter is not a
commitment by AT&T to provide service to this location.
Please contact me at the phone number included in this letter with any questions.
Thank you for contacting AT&T.
Sincerely,
Wade Mitchell
Manager, OSP Planning and Design
AT&T Alabama
2155 Old Shell Rd
Mobile, Alabama 36607
Gulf District/ Mobile Office
~at&t
~ Proud Sponso, ot the Lf.S, Olympic Team
NBANCROFTSTNSECTIONSTNSUMMITSTBAYOU
DR
OAK AVE
KEIFER AVE
POWELLAVE
OAK AVE
N CHURCH STPINE AVE
EQUALITY ST
City of FairhopePlanning Commission
October 2, 2023
¯
OAK AVE
N SECTION STNBANCROFTSTZC 23.06 - 404 Oak LLC
Legend
Roads
Parcels
Corporate LimitsZoning Classification
B-2 - General Business District
B-3a - Tourist Resort Lodging District
B-4 - Business and Professional District
R-2 - Medium Density Single-Family
R-4 - Low Density Multi-Family
R-5 - High Density Dwelling Residential
Planning Jurisdiction
^
Project Name:
404 Oak AvenueSite Data:
0.18 acresProject Type:
RezoningJurisdiction:
Fairhope Planning JurisdictionZoning District:
B-4PPIN Number:
14546General Location:
East side of N. Section Street., South
side of Oak Avenue.Surveyor of Record:
N/AEngineer of Record:
N/AOwner / Developer:
FST AL Coastal Holdings, LLCSchool District:
Fairhope Elementary School
Fairhope Middle and High Schools Recommendation:
Prepared by:
µ
µ
Approval w Conditions
Michelle Melton
1
ZC 23.06 Rezoning 404 Oak Avenue from B-4 to B-2 –October 2, 2023
Summary of Request:
Applicant, AL Coastal Holdings LLC, requests the subject property be rezoned from B-4, Business and
Professional District to B-2, General Business District. The property is located at 404 Oak Avenue and within
the Central Business District (“CBD”). Applicant desires to utilize the subject property as a restaurant, which is
allowed in B-2, but not in B-4.
Figure 1: Map of subject and adjacent properties.
Comments:
The subject property was approved with conditions for a MOP in case SD 22.21 in August 2022. SD 22.21
allowed for four mixed-use units. Mixed uses are allowed in all the “B” zoning districts. Restaurants are only
permitted by right in B-2 and B-3(b), and are not allowed in B-4.
Pursuant to Article V, Section B(3), since the subject property is within the CBD, re-zoning approvals may be
done conditionally so that some allowed uses within the rezoned district may not be allowed for a particular
location. For example, an Automobile Repair Station is not a desired use for this location although an allowable
use.
Any future rezoning in the CBD overlay may be conditioned so that the goals and intent of the
Comprehensive Plan and Article V., Section B.1. of the Zoning Ordinance are achieved.
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PINE ST
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I B-1 -l oca l Shopp i g Distri ct
B- -Ge era I B siness ·s ict
I B-3a -o rist Reso edg ing is ict
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2
ZC 23.06 Rezoning 404 Oak Avenue from B-4 to B-2 –October 2, 2023
Table 3-1
Zoning Dism cl
U t es: Cat egones I d, "! ~ ~ "f
Sn.ecific Us e-; 0 co 0 0
Dw-'"--
Single-f amily • • • • •
Two-fam.il v • • • •
Town house ) ) )
Patio Home
Multiple-family I Apartment 0 0
M anu.factw-ed H ome
?-.fued -use • • • • •
Acce~ory· Owe.Dint • • • • • Estate
Ofli«
Genera} • • • •
Pro f essional • • • • Home Occupation • • • • • Retail
Gr----, • • •
Convenience S tore • • • General Merchandise • • • Shono in..-Center-• Automo b ile S en-ice 'Station 0 0
Outdoor S ale.:; Limited 0
Outdoor Sal e:s Lot 0
Gardffi Cenie.r 0 0
Service
Convalescent or .Nursin..-Home 0 0 0 0
Clime 0 0 0
Outdoor Re.cn ation h cili---;;: 0 0 • 0
D av C are 0 0 0 0
General Personal Services • • M ornwy o r Funeral Home 0 0
Autom ob ile R en.air •
Indoor Recreation • • 0
Orv C leaner f Laundrv • 0
Pen.onal St orage 0 • • Bed &. Breakfast • 0
Hotel / t\fotel 0 0 0
Boardini . House or Dormitory • • • Re.c:1-ea tion.al Ve.hid e. Park • • Resuu-ranr 0 • 0 •
Bar • 0 • Ente.rtain.ment Venne • 0
Marina 0 0
Kennel or Animal Ho~ ... ital 0 0
W a1-e·bouse
Junk Ya.rd or Salvag e Yard -
3
ZC 23.06 Rezoning 404 Oak Avenue from B-4 to B-2 –October 2, 2023
Figure 2: Google Street View last visited on September 11, 2023.
The Zoning Ordinance defines B-4 Business and Professional District as follows:
“B-4 Business and Professional District: This district is intended to provide opportunity for
business establishments of a professional nature and is restricted to offices and businesses,
which provide specific corporate functions or professional services to the general public.”
See Art. III, Section A(14).
The Zoning Ordinance defines B-2 General Business District as follows:
“B-2 General Business District: This district is intended to provide opportunity for activities
causing noise and heavy traffic, not considered compatible in the more restrictive business
district. These uses also serve a regional as well as a local market and require location proximity
to major transportation routes. Recreational vehicle parks, very light production and processing
activities are included. See Art. III, Section A(11).
There is an Easement Agreement recorded as Instrument#: 1962444 and included in the packet. The easement
is to the benefit of the subject property as it is a 20’ easement across the southern 20’ of 406 Oak Avenue.
Applicants are aware of the easement. Applicants are also aware that to use the subject property as a
restaurant there may be additional parking and utility requirements. As the restaurant concept develops a
Site Plan Review may be generated that will come before the Planning Commission and City Council only if the
4
ZC 23.06 Rezoning 404 Oak Avenue from B-4 to B-2 –October 2, 2023
triggers of Article 2, Section 2 within the Zoning Ordinance are initiated. Otherwise, permits may be Staff
Review only.
A Re-Zoning Request is considered a Zoning Map Amendment and the application is reviewed pursuant to the
Criteria in Art. II, Section B(1)(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-2.
(2) Compliance with the standards, goals, and intent of this ordinance;
Response: Meets. Some allowable uses are not ideal for this location and use changes will be vetted
accordingly.
(3) The character of the surrounding property, including any pending development activity;
Response: Meets. Use as a restaurant will complement the current situation and future development
activity, such as a hotel, which has been approved for the property immediately adjacent.
(4) Adequacy of public infrastructure to support the proposed development;
Response: Meets. Already an existing structure with utilities. Applicant plans to add a larger commercial
kitchen, which may require additional demands on infrastructure. Parking may also be an issue as the
restaurant concept develops.
(5) Impacts on natural resources, including existing conditions and ongoing post-development
conditions;
Response: Meets. This zoning change will not negatively impact natural resources or current/future
conditions.
(5) Compliance with other laws and regulations of the City;
Response: Meets. Any future development is subject to all applicable laws of the
City.
(6) Compliance with other applicable laws and regulations of other jurisdictions;
Response: Meets. Any future development is subject to all applicable laws.
(7) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts,
and property values; and
Response: Staff does not anticipate any significant issues relating to this criterion currently. Staff has
not supported some request to rezone property to B-2 in the general vicinity. However, those properties
directly abutted the edge of the CBD or gully. The subject property abuts neither.
(8) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
5
ZC 23.06 Rezoning 404 Oak Avenue from B-4 to B-2 –October 2, 2023
Response: Staff does not anticipate any significant issues relating to this criterion currently.
Recommendation:
Staff recommends approval of ZC 23.06: rezoning 404 Oak Avenue from B-4 to B-2 with the following
conditions:
1.) Regardless of the allowed uses in Table 3-1 of the Fairhope Zoning Ordinance, the following uses
shall be prohibited on the subject property:
a. Automobile Service Station
b. Automobile Repair
c. Personal Storage
d. Boarding House or Dormitory
e. Recreational Vehicle Park
f. Kennel or Animal Hospital
g. Convenience Store
h. Clinic
Metes and Bounds Description
@QUNDARY DESCRIPTION:
THE EAST 10 rEET or LOT ONE I 1).TH( EAST 10 0 FEET Of-THE NORTH HALF OF LOT TWO 12) THE
WE5T 71 0 FEET OF THE NORTH HALF or LOT SEVCN (7) AND THE WEST 71 0 FEET OF LOT EIGHT (8)
BLOCK TWO (2) DIVISION FOUR (4) L.ANOCi or THI: rAIRHOPE SINGLE TAX CORPORATION IN THE CITY
OF FAIRHOPE ALABAMA BEING APPROXIMATU Y 81 Fl:[T DY 99 rEET AS RECOROEO IN MISC BOOK
1. PAGES 320-21 PJWHA Tl RECORDS l!ALDWIN COUNlY ALABAMA. FRAC L SF Cl ION 17 TOWNSHIP 6
SOUTH RANGE 2 £AST ~ND IIV CLVQIHG AN 1-ASFMENl FOR INGRESS AND EGRESS ACROSS THE
5OUTH 20 FEET OF 406 OAK AVfNUt
Legal Description
LOT 7-A "LOT 7-A" OF THE RE-PLAT OF PART OF LOTS 1, 2, 7, & 8 BLOCK 2, DIVISION 4
OF THE LANDS OF FAIRHOPE SINGLE TAX MISCELLANEOUS BK 1 PGS 320-321 SLIDE
2853-ELEASEIN#1999899
STATE OF ALABAMA
COUNTY OF BALDWIN
BALDWIN COUNTY, ALABAMA _.
HARRY D'OLIVE, JR. PROBATE JUDGE c,o
Filed/cert. 12:06:2021 01 :02:06 PM 0)
Total: $28.00 ~
6 Pages .,i::..
EASEMENT AGREEMENT -1>-
' This Easement Agreement is entered into on the Jp__ day of _,_JJc--"'=-~0~----~
2021, by and between PETER F, SIKOROWSKI & LAURIE S, SIKOROWSKI, HOUSTON
HOLDINGS OF FL, LLC, and the FAIRHOPE STNGLE TAX CORPORATION (hereinafter "the
FSTC").
WHEREAS, PETER F. SIKOROWSKI & LAURIE S. SIKOROWSKI are the leasehold
owners of certain property, commonly known as 404 Oak A venue, Fairhope, Alabama, 3653 2, and
more particularly described as follows:
1be East 10 feet of Lot One(!), the East 10.0 feet of the North Half of Lot Two
(2), the West 71.0 feet of the North Half of Lot Seven (7), and the West 71.0 feet
of Lot Eight (8), Block Two (2), Division Four (4), lands of the Fairhope Single
Tax Corporation in the City of Fairhope, Alabama, being approximately 81 feet by
99 feet, as recorded in Misc. Book I, Pages 320-21, Probate Records, Baldwin
County, Alabama, Frac'l Section 17, Township 6 South, Range 2 East.
46-03-37-0-007-068.503
WHEREAS, HOUSTON HOLDINGS OF FL, LLC is the leasehold owner of certain
property, commonly known as 406 Oak Avenue, Fairhope, Alabama, 36532, and more particularly
described as follows:
The East 61 feet of Lot Eight (8) and the East 61 feet of the North Half of Lot Seven
(7), Block Two (2), Division Four ( 4), lands of the Fairhope Single Tax Corporation
in the City of Fairhope, Alabama, being approximately 61 feet by 99 feet, as
recorded in Misc. Book I, Pages 320-21, Probate Records, Baldwin County,
Alabama, Frac'l Section 17, Township 6 South, Range 2 East.
46-03-37-0-007-068.513
NOW, THEREFORE, for and in consideration of the sum often dollars ($10.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged, and the covenants
Page 1 of6
and agreements contained herein, PETER F. SIKOROWSKI & LAURIE S. SIKOROWSK! and
HOUSTON HOLDINGS OF FL, LLC, being the leasehold owners of 404 Oak Avenue and 406
Oak Avenue, as described above, do hereby agree and bind themselves and their heirs or assigns
as follows:
1. There currently exists a 20-foot Easement for ingress and egress, for the benefit of
404 Oak Avenue, across the South 20 feet of 406 Oak Avenue, the Easement more particularly
described as follows:
The South 20 feet of the East 61 feet of the North Half of Lot Seven (7), Block Two
(2), Division Four (4), lands of the Fairhope Single Tax Corporation in the City of
Fairhope, Alabama, as recorded in Misc. Book 1, Pages 32()-21, Probate Records,
Baldwin County, Alabama, Frac'l Section 17, Township 6 South, Range 2 East.
2. The terms and conditions of this easement agreement may be amended, from time
to time, upon the joint agreement of the owners of 404 Oak Avenue and 406 Oak Avenue. Any
amendment shall be in writing and recorded in the Office of the Judge of Probate of Baldwin
County, Alabama.
3. This easement agreement shall be deemed to be a covenant running with the land
and any futnre leasehold owners of 404 Oak Avenue and 406 Oak A venue shall be bound by the
terms and conditions of this agreement.
4. This easement agreement is subject to the terms and conditions of the 99-year
ground lease issued to each leasehold owner by the FSTC and by the laws of the State of Alabama.
5. The FSTC does hereby join in this agreement for the purpose of acknowledging the
terms and conditions of this agreement and no more.
Page 2 of6
BARTON & SHUMER ENGINEERING, LLC
3213 MIDTOWN PARK SOUTH
MOBILE, AL 36606
251.219.4942
www.bartoneng.com
June 6, 2022
Mr. Richard Johnson, PE
City of Fairhope
555 S. Section Street
Fairhope, Alabama 36532
RE: 404 Oak Avenue MOP – Drainage Narrative
Dear Mr. Johnson:
A Multiple Occupancy Project is proposed at the existing residence at 404 Oak Avenue which is located
in the southwest quadrant of the intersection of Oak Avenue and North Bancroft Street. The site slopes
toward the northeast with existing inlets on the north side of Oak Avenue and the east side of Bancroft
Street. Bancroft Street has a significant northward slope beyond Oak Avenue where any runoff will
enter a natural drainage feature that drains to Mobile Bay.
The existing residence is located on multiple parcels and has an existing driveway with aggregate
parking. The project consists of renovating the existing residence to provide for residential and
commercial uses. No changes to the foot print of the structure or grading of the site are proposed as
part of this project that would alter the existing runoff flow pattern.
Sincerely,
David M. Shumer, P.E.
AL P.E. #24109