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07-01-2024 Planning Commission Agenda Packet
June 3, 2024 Planning Commission Minutes 1 The Planning Commission met Monday, June 3, 2024, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Lee Turner; Rebecca Bryant; Jay Robinson; Harry Kohler; John Worsham; Paul Fontenot; Erik Cortinas; Hunter Simmons, Planning and Zoning Director; Mike Jeffries, Development Services Manager; Michelle Melton, Planner; Chris Williams, City Attorney; and Cindy Beaudreau, Planning Clerk. Absent: Hollie MacKellar and Clarice Hall-Black Chairman Turner called the meeting to order at 5:04 PM. Approval of the Minutes May 6, 2024: John Worsham made a motion to approve the minutes from the May 6, 2024. Erik Cortinas seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Jay Robinson; Harry Kohler; John Worsham; Paul Fontenot; Erik Cortinas NAY: None. Old/New Business • Greenfields Subdivision - Request of the Applicant, SE Civil, for an extension of 1-year for Preliminary Plat. Staff referenced a letter provided by the applicant, saying the reason for the delay is due to Baldwin County wanting the developer to wait until the roundabout at CR 13 and CR 32 was completed and a new traffic study completed. Staff brought up concerns about the utilities being reviewed over two years ago. Staff recommended a 90-day extension to allow the applicant time to meet with Fairhope Utilities to determine if any major changes were evident that would require a complete new preliminary plat review. John Worsham made a motion to approve a 90-day extension for SD 22.18 Preliminary Plat with staff recommendations. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Jay Robinson; Harry Kohler; John Worsham; Paul Fontenot; Erik Cortinas NAY: None. Consideration of Agenda Items: A. UR 24.06 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 14,263 LF of buried fiber cable and 2,031 LF of innerduct in the City ROW at 1090 Fairhope Avenue. June 3, 2024 Planning Commission Minutes 2 Summary: Hunter Simmons, Planning and Zoning Director, presented the request of the Applicant, AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 14,263 LF of buried fiber cable and 2,031 LF of innerduct in the City ROW at 1090 Fairhope Avenue. Mr. Simmons shared the zoning map and aerial. Mr. Simmons re-emphasized the requirement of the door hangers so the residents know that this work is being performed. Staff recommends conditional approval of UR 24.06 subject to the following conditions: 1. A pre -construction meeting shall be held with the City prior to issuance of any permits. 2. Consultation with the City’s horticulturalist, to determine if the required depth of bore must be increased so that no trees are impacted by the project. The contractor is responsible for any damaged trees. 3. At all street crossing locations, conduct potholing to determine exact location and elevation of existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole locations on a set of as-built drawings. a. An additional right-of-way permit may be required for the potholing procedures. 4. Follow-up activities below required by staff and the applicant: a. Upon satisfactory review and approval by ROW Construction Inspector, as-builts will be submitted to the GIS Supervisor for inclusion in GIS utility maps as needed. 5. Provide draft door hanger for approval at time of pre-construction. 6. Approved door hangers shall be in place no later than 7 days prior to construction. 7. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 8. 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. 9. Applicant shall contact Alabama One Call to locate all existing utilities (1000ft max per day). 10. Utilities boxes shall be concentrated near existing boxes. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C, unless otherwise required by the Fairhope Building Department. Erik Cortinas made a motion to approve UR 24.06 with staff recommendations. Rebecca Bryant seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Jay Robinson; Harry Kohler; John Worsham; Paul Fontenot; Erik Cortinas NAY: None. B. SR 24.02 Request of the Owner, Gulf Health Hospitals, Inc., for Site Plan Approval of Thomas Hospital N.W. Addition. The property is approximately 0.70 acres and is zoned B-2 – General Business District. The property is located at 750 Morphy Avenue. PPIN #: 1682 Michelle Melton, City Planner, presented the request of the Owner, Gulf Health Hospitals, Inc., for Site Plan Approval of Thomas Hospital N.W. Addition. The property is approximately 0.70 acres and is zoned B-2 – General Business District. The property is located at 750 Morphy Avenue. Ms. Melton shared the plat and site data. June 3, 2024 Planning Commission Minutes 3 Staff recommends approval of SR 24.02 subject to the following conditions: 1. Revised landscape plans are to be approved by the City’s Horticulture Department. 2. Plans for relocating utilities and stormwater facilities. 3. Address the heliport option as requested on May 9, 2024. 4. Required parking, compliant with Table 4-3 of the zoning ordinance, shall be provided prior to build-out of the proposed tower. 5. Update Site Data Table. 6. Approval by City Council of the proposed amendments in Case: ZC 24.03 – Medical Overlay District. Mr. Simmons stated that he received an e-mail with concern about the amount of parking at the hospital. Mr. Simmons stated that staff will review the parking spaces to ensure it follows the ordinance. He continued that a goal of the hospital is to add more spaces. Rebecca Bryant asked for clarification on parking. Mr. Simmons stated that the parking for the whole complex will conform to the parking ordinance prior to the build-out. Lee Turner added that the hospital will need to go through several layers of approval for this project. Chairman Turner disclosed that he has met with the Mayor and hospital staff representatives several times to discuss this project. Norman Thompson, President of Thomas Hospital, agreed with staff report. Ms. Bryant asked about the landscape trees as a buffer and whether it was enough. Chairman Turner asked about whether the power lines would be overhead or underground. Mr. Simmons replied that the high voltage lines will allow for redundancy and will need to be placed underground. Those lines will also be closer to the pavement and out of the landscape areas. Mr. Simmons continued that the verticality of the plant material is important, a sidewalk was added which cuts out some landscape area. Paul Fontenot stated that he will meet with the City Horticulturist to discuss landscaping. Mr. Fontenot is concerned with the four bald cypress that are to be removed. Mr. Simmons replied that Mr. Fontenot’s concerns will be addressed by the hospital’s landscape architect who needs to include the dbh of the trees along with the height on landscape plan. Ms. Bryant asked for clarification on the parking prior to build-out of the proposed tower. Mr. Simmons stated that the parking will be in compliance prior to the build out of the last two floors. Rebecca Bryant made a motion to recommend SR 24.02 to City Council with staff recommendations and the following changes to conditions 1 and 4: 1. Revised landscape plans are to be approved by the City’s Horticulture Department and Tree Committee Chair. 4. Required parking, compliant with Table 4-3 of the zoning ordinance, shall be provided prior to build-out of last two floors. John Worsham seconded the motion and the motion carried unanimously with the following vote: June 3, 2024 Planning Commission Minutes 4 AYE: Lee Turner; Rebecca Bryant; Jay Robinson; Harry Kohler; John Worsham; Paul Fontenot; Erik Cortinas NAY: None. C. SD 24.14 Public hearing to consider the request of Owner, Highlands at Fairhope Village, LLC, for Preliminary Plat approval of Highlands at Fairhope Village Subdivision Phase 2, an 85-lot Multiple Occupancy Project. The property is approximately 11.76 acres and is located on Southeast corner of State Highway 98 and Parker Road. PPINS #: 369505, 386029, 386030, 369509, 369508 Hunter Simmons, Planning and Zoning Director, presented the request of the Owner, Highlands at Fairhope Village, LLC, for Preliminary Plat approval of Highlands at Fairhope Village Subdivision Phase 2, an 85-lot Multiple Occupancy Project. The property is approximately 11.76 acres and is located on Southeast corner of State Highway 98 and Parker Road. Mr. Simmons shared the zoning map and aerial. Mr. Simmons reminded the Planning Commission that this is the Fly Creek PUD which has already been approved and amended at least twice. Mr. Simmons and Erik Cortinas shared the requirement that may be added for sprinklers for the buildings. Harry Kohler asked if this built out the PUD or will there be further development. Mr. Simmons replied that staff does not have the full plan and stated that there is a single-family component to this PUD, not completely built out and shared the Master Plan Areas of Improvements slide showing an area to the east that could be further developed. Staff recommends approval of SD 24.14 with staff recommendations. 1. Pedestrian Circulation Plan shall be amended to reflect Staff recommendations. Developer will work with Staff to ensure public pedestrian connectivity is achieved, crosswalks are installed per City regulations, and each townhome has pedestrian access to the public paths/sidewalk. 2. Additional plantings shall be required within the 10’ buffer where the townhomes (residential) lot abuts the fire department (incompatible uses) to ensure there is a visual screen. 3. Revised landscape plans shall be submitted for staff review prior to application of a building permit. 4. Landscaping Plans shall reflect the height of the plants and trees required at time of planting. 5. A 15’ buffer shall be required along the north property line and maintained by the common ownership of the townhomes. The buffer shall remain undisturbed, although additional plantings shall be added to provide an opaque screen. 6. Construction methods and UL Listings shall be reviewed for fire protection purposes prior to submittal of any building permits. 7. Engineer shall confirm installation of the grass swale required as part of SD 17.24. Chairman Turner opened the public hearing at 6:13pm. Gary Gover, 300 Lincoln Street, is concerned with the pedestrian and bicycling provisions and the pedestrian circulation plan does not have enough detail. Mr. Gover shared examples from the Subdivision Regulations where those examples are missing in the pedestrian circulation plan submitted. Mr. Gover also suggested that more emphasis be placed on the plantings. June 3, 2024 Planning Commission Minutes 5 Cindy Powell, 7843 Parker Road, requested yield signs and speed bumps due to the high and curvy road coming from the apartments. Trevor Stubbs, 7935 Parker Road, appreciates the buffers, but area #2 is too dense, does not meet Table #3-2 and that the greenspace is primarily unusable. Dr. Stubbs discussed the retaining walls and the steep slope. This project pushes the boundaries. The design is not for the betterment of the City. The public hearing was closed at 6:18pm. Stuart Speed addressed the pedestrian flow questions, greenspace and retaining walls. On the north side of Corte Ridge topography believes there is good break up in the roof lines to allow for a nice presentation coming down the hill. There is a 15’ undisturbed buffer, fencing and landscape. Mr. Speed stated that they will work with City staff on the pedestrian circulation plan. Mr. Simmons added that the draft Comp Plan acknowledges that pedestrian circulation is important to the City and staff is working with new projects to ensure better pedestrian access around those projects. This current project is a prior approved PUD and staff is working to make the final connection along Corte Ridge Road. From the apartments to the pool are stairs and a gravel area. Mr. Simmons agrees that the public sidewalk should be concrete. The connectivity along Corte Ridge Road is concrete. There is a plan for connectivity along Parker Road. Connectivity is a high priority for the City. The landscape plantings in a PUD do not have the same requirements, it is site plan driven. Chairman Turner asked about the greenspace usability along the incline. Mr. Simmons replied that it is not a flat play area but without that area it did meet the greenspace requirements. Ms. Bryant asked about existing trees along the northeast part. Mr. Simmons stated shared the areas where the trees would be preserved. Ms. Bryant asked what type of retaining walls were being built. Mr. Speed stated that they would be keystone walls. Chairman Turner disclosed that he met with Stuart Speed prior to this meeting. John Worsham made a motion to approve SD 24.14 with staff recommendations. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Jay Robinson; Harry Kohler; John Worsham; Paul Fontenot; Erik Cortinas NAY: None. D. ZC 24.03 Public hearing to consider the request from the City of Fairhope Planning and Zoning Department, for various proposed amendments to the City of Fairhope’s Zoning Ordinance. Hunter Simmons, Planning and Zoning Director, presented the request from the City of Fairhope Planning and Zoning Department, for various proposed amendments to the City of Fairhope’s Zoning Ordinance. This text amendment relates to the Medical Overlay District and adds #4 which states: The existing medical center (Thomas Hospital) contains buildings that may not conform to the area and dimensional requirements of B-4 (Business and Professional District). New Buildings or expansions of existing buildings providing 24 hour medical, psychiatric, obstetrical, or surgical care shall be allowed June 3, 2024 Planning Commission Minutes 6 to align with the height and building lines of existing buildings provided that all other local, county, and stated requirements are met. This exemption does not apply to ancillary buildings that may include, but not limited to, administrative offices, physician offices, outpatient services, and maintenance facilities. Staff recommends approval of ZC 24.03 to the City Council. Jay Robinson stated that this amendment helps accommodate issues that may arise in the future regarding Thomas Hospital. Ms. Bryant asked if this should state being adjacent. Mr. Worsham asked if connected would be better. Mr. Simmons stated that with the addition of Thomas Hospital in parentheses makes it specific. Mr. Cortinas states that listing that it is 24 hours would be specific to Thomas Hospital. Chris Williams stated he is not comfortable with the word connected. Mr. Williams continued that adding Thomas Hospital in parentheses following “existing buildings” in the abundance of caution would make it clear. Chairman Turner opened the public hearing at 6:39pm. Having no one present to speak the public hearing was closed at 6:39pm. Rebecca Bryant made a motion to recommend ZC 24.03 to the City Council for approval with the addition of “(Thomas Hospital)” in second sentence following “existing buildings”. John Worsham seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Jay Robinson; Harry Kohler; John Worsham; Paul Fontenot; Erik Cortinas NAY: None. Adjournment John Worsham made a motion to adjourn. AYE: Lee Turner; Rebecca Bryant; Jay Robinson; Harry Kohler; John Worsham; Paul Fontenot; Erik Cortinas NAY: None. Adjourned at 6:42pm. _______________________ ________________________ Lee Turner, Chairman Cindy Beaudreau, Secretary This digital package has been condensed for size and some documents may not contain all the original pages. All submittals were reviewed in full by staff in preparation for the reports prepared for the Planning Commission. 1 UR 24.07 AT&T – July 1, 2024 2 UR 24.07 AT&T – July 1, 2024 Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 27,090 linear footage of fiber buried cable within the Right of Way. 3 UR 24.07 AT&T – July 1, 2024 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 for potholes, 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 24.07 AT&T – July 1, 2024 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 before proceeding with 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 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 24.07 AT&T – July 1, 2024 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 Ordnance (#1444) •Staff Recommendation: Approval with Conditions of UR 24.07 1.A pre-construction meeting shall be held with the City prior to issuance of any permits. 2. Consultation with the City’s horticulturalist, to determine if the required depth of bore must be increased so that no trees are impacted by the project. The contractor is responsible for any damaged trees. 3.At all street crossing locations, conduct potholing to determine exact location and elevation of existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole locations on a set of as-built drawings. a.An additional right-of-way permit may be required for the potholing procedures. 4.Follow-up activities below required by staff and the applicant: a.Upon satisfactory review and approval by ROW Construction Inspector, as-builts will be submitted to the GIS Supervisor for inclusion in GIS utility maps. 5.Provide draft door hanger for approval at time of pre-construction. 6.Approved door hangers shall be in place no later than 7 days prior to construction. 7.Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 8.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. 9.Applicant shall contact Alabama One Call to locate all existing utilities (1000ft max per day). 10.Utilities boxes shall be concentrated near existing boxes. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C, unless otherwise required by the Fairhope Building Department. 1 UR 24.08 AT&T – July 1, 2024 2 UR 24.08 AT&T – July 1, 2024 Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 5,489 linear footage of fiber buried cable within the Right of Way. 3 UR 24.08 AT&T – July 1, 2024 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 for potholes, 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 24.08 AT&T – July 1, 2024 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 before proceeding with 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 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 24.08 AT&T – July 1, 2024 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 Ordnance (#1444) •Staff Recommendation: Approval with Conditions of UR 24.08 1.A pre-construction meeting shall be held with the City prior to issuance of any permits. 2. Consultation with the City’s horticulturalist, to determine if the required depth of bore must be increased so that no trees are impacted by the project. The contractor is responsible for any damaged trees. 3.At all street crossing locations, conduct potholing to determine exact location and elevation of existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole locations on a set of as-built drawings. a.An additional right-of-way permit may be required for the potholing procedures. 4.Follow-up activities below required by staff and the applicant: a.Upon satisfactory review and approval by ROW Construction Inspector, as-builts will be submitted to the GIS Supervisor for inclusion in GIS utility maps. 5.Provide draft door hanger for approval at time of pre-construction. 6.Approved door hangers shall be in place no later than 7 days prior to construction. 7.Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 8.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. 9.Applicant shall contact Alabama One Call to locate all existing utilities (1000ft max per day). 10.Utilities boxes shall be concentrated near existing boxes. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C, unless otherwise required by the Fairhope Building Department. • There is an existing fire hydrant adjacent to the Nichols Avenue substation on Young Street. Two (2) mo re hydrants are required for the deve lopment. • At Final MOP approval a Maintenance Bond and correspond i ng Maintenance and Guarantee Agreement shall be required fo r any and all infrastructure to be accepted by the City. Traffic: • A letter was prov ided by an eng i neer stating that the dai ly trips do not trigger a traffic study per the subd ivision regulations. Drainage: • One (1) detenti on pond is be i ng created in the southwest quadrant of the site plan. The pond's sl ope is 4:1 , wh ich is the maximum slope allowed w ithout i nstalling a fence per the Tree Ordinance No . 1444. The Engineer of Record provided a written statement stating that the ponds, as designed, conform to the requirements of the Fairhope Subd ivision Regulat ions and all other app li cable r ules, regu lat ions, laws, and ordinances. • Section 4.3 of the Dra i nage Design Report states that "the amount of stormwater discharged onto neighboring properti es will be lower than the predevelopment conditions." • An Ope r at ions and Maintenance Plan {"O&M Plan") has been provided and will be recorded holding the owner responsible for rout i ne i nspect i ons and maintenance. Greenspace Requirements: The greenspace r equi rement per Fairhope Subdivision Regulations, Article V, Section C(2) is 25% for th is residential MOP , although the app li cant stated 20% is r equired . In any case, the area preserved, minus detention is approximately 30% -more than the min i mum requirement. The prov ided greenspace area is the preserve type of greenspace per Table 4-1 "Greenspace Categories and Type ." 5 Cnils Pe r Acre Le s than unit s per acre _-4 Ullits per acre 4-6 unit per acre More than 6 units per acre G.-e en space Am oun t 10% 15% ~O¾ _5% Multiple Occupancy Project -Commercial 10% Multiple Occupanc Project -Residenti al , inc luding but not limited to Mobile Home De elopmen s and Manufactured Home De elopments as defined by the Ci of Fairhope Zorung Ordinance , Baldwin Collllty Zoning Ordinance or Baldwin County Subdi, ision Regulatioiis. as applicable . Le ss than 3 units per acre 10% 3 units per acre 15% ~6 units per ac1·e 20% More than 6 Wlits per acre _5% SD 24.05 The Proper MOP Prel iminary Plat -July 1, 2024 3 _ Eh gib le Green space -Green space eligible for meeting the r eqmremen ts of this section sha ll : a_ be usab le land for public ::icti ve or passive recreation purposes . b. be located in FEMA FIRM map zones AO. A99. D , or VO. c. not be located in any wetland areas as defined by the Federal Government. d. not include any retention, detention or similar ho lding basins, unless: 1. The wet holding basin is clearly integrated into an open space/park site with adjacent pedestrian facilities and passive r ecreation provided by the applicant. 2 Wet bal ding basin banks s hall not exceed a 3: l slope. 3. Greenspace creel.it for wet holding basins basin shall not exceed 30% of the surfac e area of the wet hol ding basin at the basin's static water level. e. not include any right-of -way. Landscaping Requirements: The original Landscape Plan presented apparent conflicts w ith the exis ting and proposed utilities. Applicant provided a Conflict Resolution Plan that was developed in concert with the Horticulture Supervisor that will eliminate conflicts. Said Plan is included in the packet. Sidewalks: There are existing sidewalks along Young Street. The Site Plan illustrates the required si dewalks to be installed along Nichols Avenue with connections to the 10 units fronting Nichols Avenue. Applicant will install sidewalk connections to the three (3 ) southernmost units from Anderson Avenue. Existing driveways on Young St will be removed. Waste Management: A private company will be handing the development's refuse with a screened, on- site dumpster located on the Final Pl at. Mail: There is a mail kiosk located south of the Legacy Loop. Waiver Request Recommendation: Staff does not support the aforementioned waiver; however, Planning Commission is the ultimate authority. Case Recommedation: Staff recommends SD 24.05 Preliminary Plat for The Proper MOP be Approved conditioned upon the approval of the waiver; and 6 1) Installation of a minimum 12' wide (1 yield flow) paved lane in Anderson Ave./St. pursuant to the Street Classification, Design, and Function (Table 5.3) in Appendix A. Applicant will work with Staff to mitigate tree root damage during construction of required lane. 2) Re-plat. 3) Maintenance Bond and Maintenance and Guarantee Agreement shall be submitted with Final Plat for any infrastructure that is intended to be accepted by the City. SD 24.05 The Proper MOP Preliminary Plat -July 1, 2024 DRAINAGE DESIGN REPORT Tl1e Proper Townl1on1es Develop1nent F AIRI-IOPE , ALABAMA GM , Gene St:toey, P l ' GouJ\, yn .\,[ill~ C:1,., LlOd 2039 }. ,~-un 'Srreet Uaph n~. \ l 36:526 25 1 62b 1626 June 11. 2024 Conte n t s DRAINAGE D ES IGN REPORT .................................................................................................................... I 1.0 1NTRO D UCT£ON ........................................................................................................................ 4 Pu rpose .................................................................................................................................................... 4 Propose d Dev elo p me nt ........................................................................................................................... 4 2 .0 S l T E D ES C RI P TlON ....... , ................ , .... , ................................................................................... 5 Ex ist in g Land Use ................................................................................................................................... 5 Floodplain Stahts .................................................................................................................................... 6 O utfalls .................................................................................................................................................... 6 3.0 DES IGN C R ITERI A ................................................................................................................... 7 Refere nces .................................. ,. ........................................................................................................... 7 Hydro lo gic C riteri a ................................................................................................................................. 7 Hy drau l ic C rite ria ................................................................................................ ., ................................. 7 4 .0 PRE-DEV E LOPME N T C ON DITIONS ................................................................................... 8 Ex i stin g Drainage .................................................................................................................................... 8 Proba b le Downst rearn l111pact s ............................................................................................................... 8 Downstream C apacity ............................................................................................................................. 8 5.0 PO S T -D E V E LOPMEN 'f C OND IT IONS ................................................................................ 9 Proposed Drainage .................................................................................................................................. 9 .P re v s Po st-Develo p m e nt F l ow Co mp a r i son ................................................................................ I 0 O utfal l / Downstream Impacts Mi tigati on ............................................................................................ 10 6 .0 D R A I NAGE P L AN ................................................................................................................... 11 Ge neral Conce pl. ......................................................... ., ........................................................................ 11 Spec ific Deta ils ..................................................................................................................................... 1 1 7.0 EASE ME NT S ........................................................ , .................................................................... 12 8 .0 CO N C LU S ION S ........................................................................................................................ 12 Cotup liance \:V ith Sta ndards .................................................................................................................. 12 Sununary ............................................................................................................................................... I 2 Appe ndi x 1 -NRCS Soil IY1ap , ............................................................. , ................................................... 12 A ppe ndi x H -Pre-De ve lo pme nt D rai n a ge A rea M a p .......................................................................... 14 App endi x Ill -Post~D eve lopme nt D rain a g e A r ea Map ....................................................................... 16 Ap pend i x IV -SCS Calcu lations and Mod e ling ....................... ,., ........................ , ................................... 18 The Proper Townhomes Oevclopmen t 5.0 POST-DEVELOPMENT CONDITIONS 5.1 Proposed Drainage Please refer to Appendix m for the po st-develo pment drainage areas. As required by Article V Section F Subsection 7 of the Clcy of Pairhope Subdivision Regulations , the propo sed devel opment was analy zed for the 2-year through LOO-year storm , 24-hour stonns via the SCS method , The resulting analysis shows that 110 ne gative impacts to the adjacent properties wi ll occ1,1r from stonnwater discharging from th1s parcel. The proposed cJrainage impruvements reduce the runoff discharged to neighboring properties a11d the right-of-way through stonmvate r detention a nd contro lled release , T he propo ed interior ro adway i to be co nst ruct ed with asphaJt pave ment The proposed impervious surfaces will result in apprnxirnately 30,056 ft 1 (0 .69 0 ac) of impervious smfaces post-development. This represents 40.83 % of the site. This is an increase or 0.640 acres compared lo pre-deve lopment conuitiuns . The proposed ,detention pond has a ri 111 elevation of I 00 ,50 feet, bottom eleva tion of 96.50 feet. and 4: I side s lope. The I 00-year high water elevation is established at I 00.05 foct. The pond is drajned through an ou tfall control structure wirh a 12-inch orifice at invert elevation 96.75 feet and an 18 -inch orifice al invert e levation 98 .25 feet. The stomnvaler collected by the outfall structure is routed thr011gh a 24-inch diameter reinforced concrete pipe thar is discharged on-site. T he outfall pipe has an in vert elevatio n of 97 .50 feet at !he strnctme and an i11 erl el ~val iu11 u I' 97 .00 ('t:e t al tho poml uf tli sd1arge. Rip-nip is w be installet.l at the discharge point to increase energy dissipation and mitigate soH erosion . T rn In ag [)~ 1gn Rep tl GMC:) Goodwyn MIiis Cawood 103~ Ma 11, ~,, &et 0 c Ba, l!;? CLo1 JI 111::1 AL -<1EiSi~ , 1i,iJ i;;a--z.,., J 12$_1 d26 6nL January 22, 2024- Mr. Hunter Simmons Planning and Zoning Manager City of Fairhope 451 Pecan Avenue, Suite 200 Fairhope, AL 36532 RE: The Proper Townhomes Starlight Development LLC Dear Mr. Simmons: Please accept this waiver request in coajunction with the Preliminary Plat application for the above referenced project. The subject subdivision is located at the southwest corner of the intersection of Young Street and Nichols Avenue and contains ten (10) town home units. The site is also bounded on the south by Anderson Avenue, a public road with an e xisting 20' wide platted right-of-way. Request: To a llow a waiver of following requirement of the City of Fairhope Subdivision Regulation: Article V, Section E Lot Standards, (3.a) Lot Access -Except in rural and agricultural Subdivisrons under Section D.7 or as otherwise provided in these Regulations, al l lots shall front upon a paved, publicly maintained street, and be accessed via such frontage. It is proposed that Anderson Avenue continues to function as-is and in place, which is paved for most of its length although not regularly used or maintained, It currently provides access to a handful of residential lots only. We request that improvements to Anderson Avenue be limited to the clearing of overgrowth within the right-of~way and the construction of sidewalk connections to the proposed u ni:s, Justification: 1. Anderson Ave,nue fits the street classlfication of "Lane" per the City of Fairhope Subdivision Regulation, Article V and Table 5.3, Appendix A, which is defined as a 20' total right-of-way width with one yield flow lane. 2. All lots in t he-proposed subdivision w il l be served from the rear by a private drive and two other existing roads, Young Street and Nichols Avenue. a. As shown on the accompanying Site Plan, three (3) lots and the common area contain frontage on the existing Anderson Avenue. Per the City's development standards. al I townhomes must be accessed from the rear. Therefore, the proposed lots will be so served by a private drive within a 50' access easement. Vehicular access to all lots and common areas within the development will be v ia the rear-facing private drive. b. The fronts of units shal l provide pedestrian-only access via front porches and sidewalks. Sherry Sullivan Mayor Council Members: Kevin G. Boone Jay Robinson Jack Burrell, ACMO Jimmy Conyers Corey Martin Lisa A. Hanks, MMC City Clerk Kirriberly Creech Treasurer 161 North Section St, PO Drawer 429 Fairhope, AL 36533 251-928-2136 (p) 251-928-6776 (f) www.fairhopeal.gov I January 19, 2024 Re: The Proper Townhomes Development, 10 townhomes, PPIN : 9585,9601,12155,9602,361754 Water & Sewer: Fairhope Public Utilities has reviewed and approve the plans. All installation and materlals must meet City of Fairhope standards and specifications . Aid to construction will be determined upon final approval of plans. Gas: Gas was not requested and will not be provided by Fairhope Public Utilities. Electric: Single phase can be provided for this town home development, aid to construction will be determined upon final approval of plans. Sincerely, astewater Superintendent ----- Wes Boyett Gas Superintendent Marshall King Electrical Engin ee~ing Te chnician __. ~~at&t Goodwyn Mills Cawood Barbara Garne r The Proper Town homes Fairhope A labama Dear Barbara Garner, This letter is in response to your request for information on the availability of service at The Proper Townhomes Fairhope Alabama or development by AT&T . This letter acknowledges that the above referenced The Proper T ownhomes Fairhope, Alabama is located in an area served by AT & T . Any service arrangements for the list development , location, or development will be subject to later d iscussions 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 project, location or development. Please contact me at the phone number included in this letter with any questions. Thank you for contacting AT & T , Lowell Anderson la0985@exo.att.com (205) 417-3624 A T &T Proprietary DocumeniatJon. SD 24.11 - Harvest Green East Phase 1 City of Fairhope Planning Commission May 6, 2024 STATE HWY 181DAYBREAK TRL STATE HWY 181BUSHEL DRMORNING MIST WAY BUSH E L D R STATE HWY 181STATE HWY 181FALLING WATER BLVD DAYBREAK TRL THRESHING B L V D BUSHEL DRRoad Corporate Limit Parcel Zoning District B-2 PUD R-1 µ µ Project Name: Harvest Green East Phase 1 Site Data: 55.61 acres Project Type: 120-lot Subdivision, Final Plat Jurisdiction: Fairhope Planning Jurisdiction Zoning District: PUD PPIN Number: 17735, 77776 General Location: East side of State Highway 181, North of State Highway 104 Surveyor of Record: SE Civil LLC Engineer of Record: SE Civil LLC Owner / Developer: FST and 68V Harvest Green East 2022 LLC School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ Conditions Prepared by: Mike Jeffries 1 SD 24.11 Harvest Green East, Phase 1 Final – July 1, 2024 Summary of Request: Public hearing to consider the request of the Applicant, S.E. Civil, LLC, acting on behalf of the Owner, 68V Harvest Green East 2022, LLC, for Final Plat approval of Harvest Green East Phase 1, a 120-lot Major Subdivision. The property is approximately 55.61 acres and is zoned as a PUD – Planned Unit Development. The property is located on the East side of State Highway 181, north of The Waters Subdivision. The preliminary plat was approved at the November 1, 2021, Planning Commission meeting and received a 1-year extension at the October 2nd, 2023, Planning Commission meeting. Site Data Site Plan 2 SD 24.11 Harvest Green East, Phase 1 Final – July 1, 2024 Comments: The development, Harvest Green East, Phase 1 is one of four phases. Harvest Green West Phase 1 was finalized at the May 2024 Planning Commission meeting, Harvest Green East phase 2 is in the middle of construction, and Harvest Green West Phase 2 has not begun construction. The applicant stated in May the intent is to begin construction of Harvest Green West Phase 2 upon completion of Harvest Green West phase 1. Harvest Green East, Phase 1 has been built in accordance with the design and engineered plans of the approved preliminary plat in November 2021. All conditions of the preliminary plat have been met. Utility Comments: The lift station for this development is located in the future Harvest Green East Phase 2. A utility easement is provided for access. Once Phase 2 is complete the easement will be absorbed into the ROW. A Performance Bond is required for an access road to the lift station in the event that the future phase is not completed to ensure the Sewer Department has access to the lift station per City of Fairhope Water and Sewer Specs. The area around the lift station shall be a numbered lot to be deeded to the City of Fairhope and reflected on the phase 2 plat accordingly. ROW Comments: A dedicated construction entrance shall be determined for the continued construction of Harvest Green East Phase 2 and coordinated with the Code Enforcement Officer. ALDOT Improvements: Improvements to Hwy 181 were required for this phase and the improvements have been constructed and are bonded through ALDOT. The subdivision regulations contain the following criteria in Article IV.B.2. Approval Standards. “2. Consistency with Plans, Regulations and Laws - The Planning Commission shall not approve the subdivision of land if the Commission makes a finding that such land is not suitable for platting and development as proposed, due to any of the following: a. The proposed subdivision is not consistent with the City’s Comprehensive Plan, and/or the City’s Zoning ordinance, where applicable; • Meets b. The proposed subdivision is not consistent with the City’s Comprehensive Plan or any other plan or program for the physical development of the City including but not limited to a Master Street Plan, a Parks Plan, a Bicycle Plan, a Pedestrian Plan, or the Capital Improvements Program; • Meets c. The proposed subdivision is not consistent with these Regulations; • Meets d. The proposed subdivision is not consistent with other applicable state or federal laws and regulations; or • Meets e. The proposed subdivision otherwise endangers the health, safety, welfare or property within the planning jurisdiction of the City.” • Meets 3 SD 24.11 Harvest Green East, Phase 1 Final – July 1, 2024 Follow‐Up Activities Required by Final Plat Process: • Copy of the recorded plat (Final Plat must be recorded within 120 days of acceptance) • Copy of the recorded O&M Agreement • Maintenance and Guarantee Agreement executed by the subdivider – this document is not considered fully executed until the Mayor signs said agreement. o Remember to include the instrument # from the recorded plat o Remember to include 30 days in paragraph 3 • Performance Bond submitted within 30 days of Final Plat approval Recommendation: Staff recommends Conditional Approval of SD 24.11 Harvest Green East, Phase 1 Final Plat subject to the following condition: 1. Completion of Follow-Up Activities SD 24.13 - Encounter Commercial Retail Center City of Fairhope Planning Commission July 1, 2024 STATE HWY 104 SAND BAR LN STATE HWY 181BUSHEL DRCOUNTRY WOODS DRSTATE HWY 181POWDERHORN RIDGE RDGALLERY BLVDHOLLOWBROOK AVE STATE HWY 181STATE HWY 181BUSHEL DRRoad Parcel Zoning District B-2 PUD R-1 R-2 µ µ Project Name: Encounter Commercial Retail Center Site Data: 35.16 acres Project Type: 12-Lot Final Plat Subdivision Jurisdiction: Fairhope Planning Jurisdiction Zoning District: B-2 PPIN Number: 108453 General Location: Northeast corner of the intersection of State Highway 181 & 104 Surveyor of Record: Jade Consulting LLC Engineer of Record: Jade Consulting LLC Owner / Developer: Encounter Development, LLC School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ Conditions Prepared by: Mike Jeffries Page 7 of 10 Final Plat Application Checklist* *This checklist is intended for convenience purposes only. Refer to the Subdivision Regulations for a complete list of requirements. 2 Copies of the Plat 2 Sets of As-Builts 1 Copy of the Plat on PDF format on disk Proof of 911 approval of street names 1 Copy of As-Builts on GIS for Water/Sewer Department Water: bacteria tests, pressure test, flow test Sewer: video, pressure test, vacuum test Roads: core samples and test data Electric: street light invoice Financial Guaranty, if applicable (only after 90% complete) Errors and Omission Insurance Maintenance Bond Operations and Maintenance Plan for Storm Water Pond (stand alone document) Street Tree Plan Final Plans and calculations for utility layouts Certificate of County Engineer’s approval for extra-territorial plats Certificate of County Zoning, (must be signed and zoning of property, if any, indicated) Memorandum of Transmittal signed indicating County’s receipt of plat/plans for development being submitted before Planning Commission. Digital and/or video image, reflecting a date and time stamp, of the storm drains Engineer’s Certificate of design conformance. Please note that if your site is located outside the City of Fairhope limits, but in the planning jurisdiction, the County documentation is required and your application will be considered incomplete without the County documentation. 1 SD 24.13 Encounter Commercial Retail Center Final – July 1, 2024 Summary of Request: Public hearing to consider the request of the Applicant, Jade Consulting, acting on behalf of the Owner, Encounter Development, LLC, is requesting Final Plat approval of Encounter Commercial Retail Center, a 12- lot subdivision. The property is approximately 35.16 acres and is located on the northeast corner of State Highway 181 and State Highway 104. The property is zoned B-2 General Business District. The preliminary plat was approved at the April 3, 2023, Planning Commission meeting. Site Data Comments: The Encounter Development has been built in accordance with the design and engineered plans of the approved preliminary plat in April 2023. All conditions of the preliminary plat have been met. The applicant has worked with the adjacent property to the north to resolve a drainage issue between the properties. The area of concern has been regraded and stabilized to allow a sheet flow of water across the property to the retention pond. Utility Comments: The utilities have been installed, inspected, and approved. ROW Comments: - The speed limit signs need to be changed to 20 mph signs. Currently 30 mph signs are posted. Appendix A Table 5.3 calls for a maximum speed of 20 mph for a non-residential local street. The speed limit will also remain consistent with the connecting streets to the north ending in the Harvest Green East neighborhood. - “Future Through Street” sign shall be posted at the stub street to the east. 2 SD 24.13 Encounter Commercial Retail Center Final – July 1, 2024 - Site shall not be accessed from Hwy 181 or Hwy 104. - The lots shall provide shared access and the number of road cuts allowed from the internal roads shall be limited. See proposed solution below provided by applicant. All drives will be reviewed during the Site Plan review and approval. Lot 1 – Maximum one turnout to Encounter Dr. and One turnout to Bushel Dr. Lot 2-6 – Maximum three turnout to Bushel Dr., in addition to Lot 2 having one turnout to Encounter Dr. and Lot 6 having one turnout to Rockwell Blvd Lot 7-10 - Maximum two turnout to Encounter, in addition to Lot 7 having one turnout to Bushel Dr. and Lot 10 having one turnout to Hidden Glen Lot 11 – Maximum one turnout to Encounter Dr. Lot 12 – Maximum two turnouts to Encounter and three turnouts to Bushel Dr. ALDOT Improvements: Improvements to Hwy 104 and were required for this phase and the improvements have been constructed and are bonded through ALDOT. The subdivision regulations contain the following criteria in Article IV.B.2. Approval Standards. “2. Consistency with Plans, Regulations and Laws - The Planning Commission shall not approve the subdivision of land if the Commission makes a finding that such land is not suitable for platting and development as proposed, due to any of the following: a. The proposed subdivision is not consistent with the City’s Comprehensive Plan, and/or the City’s Zoning ordinance, where applicable; • Meets b. The proposed subdivision is not consistent with the City’s Comprehensive Plan or any other plan or program for the physical development of the City including but not limited to a Master Street Plan, a Parks Plan, a Bicycle Plan, a Pedestrian Plan, or the Capital Improvements Program; • Meets c. The proposed subdivision is not consistent with these Regulations; • Meets d. The proposed subdivision is not consistent with other applicable state or federal laws and regulations; or • Meets e. The proposed subdivision otherwise endangers the health, safety, welfare or property within the planning jurisdiction of the City.” • Meets Follow‐Up Activities Required by Final Plat Process: • Copy of the recorded plat (Final Plat must be recorded within 120 days of acceptance) • Copy of the recorded O&M Agreement • Maintenance and Guarantee Agreement executed by the subdivider – this document is not considered fully executed until the Mayor signs said agreement. o Remember to include the instrument # from the recorded plat o Remember to include 30 days in paragraph 3 3 SD 24.13 Encounter Commercial Retail Center Final – July 1, 2024 Recommendation: Staff recommends Conditional Approval of SD 24.13 Encounter Commercial Retail Center Final Plat subject to the following condition: 1. Completion of Follow-Up Activities 2. Installation of the “Future Through Street Sign” 3. Replacement of speed limit signs to reflect 20 mph 4. Completion of north landscape buffer 5. Add a note on the plat restricting access from SR 104 and SR 181 and to limit number of road cuts allowed for development on internal roads. From:Smith, Michael To:William Graham; Sherry Ruth; Trey Jinright; Thomas Luce; Lee Rambo; Paul Marcinko Cc:Reed, Darrin; Miller, Jeremy L.; Shaw, Jason R.; McCracken, Paul; Campbell, Adam H. Subject:RE: ALDOT Inspection for Encounter Development, LLC - N/E corner of SR-104 & SR-181 - Permit # 9-2-12770, 12771, 12772, 12773 & 12774 Date:Thursday, June 13, 2024 9:58:45 AM Attachments:image003.png Good morning, The punch list items must be addressed completely before ALDOT will issue a Provisional Acceptance of the work performed within ALDOT ROW. This work is covered under the bond supplied by Encounter Development to ALDOT, and the bond will remain in force for one year after ALDOT is able to issue Provisional Acceptance. As it currently stands, I do not object to City issuing or the developer obtaining approvals to continue with site development. If you have any questions please let me know. Michael Smith, P.E.Area Permit Mngr.Office: 251- 470- 8273Cell: 251 - 331 - 0104 From: William Graham <wgraham@jadengineers.com> Sent: Wednesday, June 12, 2024 6:26 PM To: Smith, Michael <smithmi@dot.state.al.us>; Sherry Ruth <sruth@jadengineers.com>; Trey Jinright <tjinright@jadengineers.com>; Thomas Luce <tluce@jadengineers.com>; Lee Rambo <lrambo@jadengineers.com>; Paul Marcinko <pmarcinko@jadengineers.com> Cc: Reed, Darrin <reedd@dot.state.al.us>; Miller, Jeremy L. <millerje@dot.state.al.us>; Shaw, Jason R. <shawj@dot.state.al.us>; McCracken, Paul <mccrackenp@dot.state.al.us>; Campbell, Adam H. <campbellad@dot.state.al.us> Subject: RE: ALDOT Inspection for Encounter Development, LLC - N/E corner of SR-104 & SR-181 - Permit # 9-2-12770, 12771, 12772, 12773 & 12774 Michael, Following up on our phone conversation, we are working to have all of the below punch list items addressed in a timely manner. We will send a formal response to your office when all items are corrected. Could you please provide concurrence that the accesses and turn outs can be open to the public while we are in the process of addressing these items? Thank You, Will Graham, P.E. 208 Greeno Road North, Suite C (36532) P.O. Box 1929 Fairhope, AL 36533 251.776.0319 cell 251.928.3443 office From: Smith, Michael <smithmi@dot.state.al.us> Sent: Wednesday, June 12, 2024 4:58 PM To: Sherry Ruth <sruth@jadengineers.com>; Trey Jinright <tjinright@jadengineers.com>; Thomas Luce <tluce@jadengineers.com>; William Graham <wgraham@jadengineers.com>; Lee Rambo <lrambo@jadengineers.com> Cc: Reed, Darrin <reedd@dot.state.al.us>; Miller, Jeremy L. <millerje@dot.state.al.us>; Shaw, Jason R. <shawj@dot.state.al.us>; McCracken, Paul <mccrackenp@dot.state.al.us>; Campbell, Adam H. <campbellad@dot.state.al.us> Subject: RE: ALDOT Inspection for Encounter Development, LLC - N/E corner of SR-104 & SR-181 - Permit # 9-2-12770, 12771, 12772, 12773 & 12774 Will, I am not going to be able to meet tomorrow. There are too many issues that have arisen this week. We can try and reschedule for later next week. Michael Smith, P.E.Area Permit Mngr.Office: 251- 470- 8273Cell: 251 - 331 - 0104 From: Smith, Michael Sent: Wednesday, June 5, 2024 11:32 AM To: Sherry Ruth (sruth@JadEngineers.com) <sruth@JadEngineers.com>; Trey Jinright <tjinright@jadengineers.com>; Thomas Luce <tluce@jadengineers.com>; William Graham <wgraham@jadengineers.com>; Lee Rambo <lrambo@jadengineers.com> Cc: Reed, Darrin <reedd@dot.state.al.us>; Miller, Jeremy L. <millerje@dot.state.al.us>; Shaw, Jason R. <shawj@dot.state.al.us>; McCracken, Paul <mccrackenp@dot.state.al.us>; Campbell, Adam H. <campbellad@dot.state.al.us> Subject: FW: ALDOT Inspection for Encounter Development, LLC - N/E corner of SR-104 & SR-181 - Permit # 9-2-12770, 12771, 12772, 12773 & 12774 See the list below and attachments for reference. Michael Smith, P.E.Area Permit Mngr.Office: 251- 470- 8273Cell: 251 - 331 - 0104 From: Miller, Jeremy L. <millerje@dot.state.al.us> Sent: Tuesday, June 4, 2024 3:32 PM To: Smith, Michael <smithmi@dot.state.al.us>; Shaw, Jason R. <shawj@dot.state.al.us> Cc: Reed, Darrin <reedd@dot.state.al.us>; Graham, Andrew C <grahama@dot.state.al.us>; McCracken, Paul <mccrackenp@dot.state.al.us>; Campbell, Adam H. <campbellad@dot.state.al.us> Subject: RE: ALDOT Inspection for Encounter Development, LLC - N/E corner of SR-104 & SR-181 - Permit # 9-2-12770, 12771, 12772, 12773 & 12774 All, We performed an inspection on the referenced site. Please see the comments below, along with attached pics. For reference: Hidden Glen Drive is the eastern-most access on SR-104. Bushel Drive is the western-most access on SR-104. Encounter Drive is the access on SR-181. The slope of SR-104 & turn lanes averaged about 2% - 4% / The slope of the SR-181 right-turn lane averaged 1.7% - 3.4% The cross-slopes for all the 104 widening area and TL’s and the 181 RTL were to be placed at 2.2%. This gives a tolerance from 2 to 2.4%. This needs to be thoroughly reviewed by the Engineer of Record and then further discussed with the Area Office. Unacceptable sections will be required to be corrected. At Encounter Drive, looks like they milled off the existing stripe to place the turn lane taper dotted stripe for the NB RTL (Pic 25) Why was the turn lane not constructed to the full length? This turn lane must be corrected, this will allow the entire TL cross slope to be corrected to meet the 2.2%. All bare/disturbed/eroding areas are to be graded and grass is to be established, essentially throughout the entire site. The entire area of work is to be graded clean, free of excess asphalt rap and other construction debris. 4” of clean topsoil is be placed along all disturbed ROW and flushed with the EOP, then establish vegetation. All construction debris is to be removed from ROW. Low shoulder along the south side of SR-104 (Pics 5 – 7) You can get a good idea how low it is from Pic 7. Lots of excess asphalt along the north side of SR-104 (Pic 2) All traffic control and erosion control items are to be removed from ROW after work is completed. On the eastern end of the north side of SR-104 all headwalls were supposed to be removed, but one was left (Pic 4) Residential driveway on the south side of SR-104 starting to wash and culvert full of sediment (Pic 6). Clean up and stabilize as needed. There is a mess on the western end of the south side of SR-104 (Pics 8 – 11) STOP sign at Hidden Glen Drive is concreted into the striped island, it is not the minimum distance off the lane line. (Pics 16 & 17) I would also recommend adding a reflective strip to the post itself. At Bushel Drive add 24” diagonals at 8’ o.c. between the concrete island and the 104 WB edgeline. (Pics 20 – 23) Bushel Drive concrete island safety nose does not have the 2” reveal above the asphalt. It should go from 2” to full height curb (Pic 21) STOP/Right Turn Only signs at Encounter Drive should be checked for compliance with sign placement offset to the EOP (Pics 28 & 29) The bottom of the lowest sign it also to be a minimum of 5’ from the ground level. Encounter Drive headwall needs to be rubbed/grouted to cover exposed rebar (Pic 30) Thanks, Jeremy Miller District 92 Permits Southwest Region 47450 Rabun Road Bay Minette, AL 36507 Phone (251)937-2086 From: Paul Marcinko <pmarcinko@jadengineers.com> Sent: Monday, June 3, 2024 11:34 AM To: Sherry Ruth <sruth@jadengineers.com>; Smith, Michael <smithmi@dot.state.al.us>; Miller, Jeremy L. <millerje@dot.state.al.us>; McCracken, Paul <mccrackenp@dot.state.al.us>; Campbell, Adam H. <campbellad@dot.state.al.us>; Reed, Darrin <reedd@dot.state.al.us>; Shaw, Jason R. <shawj@dot.state.al.us> Cc: Trey Jinright <tjinright@jadengineers.com>; Thomas Luce <tluce@jadengineers.com>; William Graham <wgraham@jadengineers.com>; Lee Rambo <lrambo@jadengineers.com> Subject: RE: Encounter Commercial Retail - Final Inspection Good morning Michael (and ALDOT team) – I understand your team inspected the site on 5/23 per our discussion that day. I wanted to see when we could obtain the final punchlist items so we can provide to the city so they can understand what’s left and so we can get the contractor started. Thanks! Paul Marcinko, P.E. 251.895.6063 (cell) 251.928.3443 (office) From: Sherry Ruth <sruth@jadengineers.com> Sent: Tuesday, May 28, 2024 1:44 PM To: Smith, Michael <smithmi@dot.state.al.us>; Miller, Jeremy L. <millerje@dot.state.al.us>; McCracken, Paul <mccrackenp@dot.state.al.us>; Campbell, Adam H. <campbellad@dot.state.al.us>; Reed, Darrin <reedd@dot.state.al.us>; Shaw, Jason R. <shawj@dot.state.al.us> Cc: Trey Jinright <tjinright@jadengineers.com>; Thomas Luce <tluce@jadengineers.com>; Paul Marcinko <pmarcinko@jadengineers.com>; William Graham <wgraham@jadengineers.com>; Lee Rambo <lrambo@jadengineers.com> Subject: RE: Encounter Commercial Retail - Final Inspection Good afternoon, we would like to follow up on Final inspection, has it been scheduled yet? Thanks, Sherry Ruth JADE Consulting, LLC 208 North Greeno Road, Suite C, Fairhope, AL 36532 251.928.3443 Office | 251.928.3665 Fax sruth@jadengineers.com | www.jadengineers.com From: Sherry Ruth Sent: Wednesday, May 15, 2024 5:30 PM To: Smith, Michael <smithmi@dot.state.al.us>; Miller, Jeremy L. <millerje@dot.state.al.us>; McCracken, Paul <mccrackenp@dot.state.al.us>; Campbell, Adam H. <campbellad@dot.state.al.us>; Reed, Darrin <reedd@dot.state.al.us>; Shaw, Jason R. <shawj@dot.state.al.us> Cc: Trey Jinright <tjinright@jadengineers.com>; Thomas Luce <tluce@jadengineers.com>; Paul Marcinko <pmarcinko@jadengineers.com>; William Graham <wgraham@jadengineers.com>; Lee Rambo <lrambo@jadengineers.com> Subject: RE: Encounter Commercial Retail - Final Inspection Good afternoon/evening, please see the attached Completion Letter and Request for inspection for the referenced project. Please let us know when the Final Inspections is scheduled. Thanks, Sherry Ruth JADE Consulting, LLC 208 North Greeno Road, Suite C, Fairhope, AL 36532 251.928.3443 Office | 251.928.3665 Fax sruth@jadengineers.com | www.jadengineers.com From: Sherry Ruth Sent: Friday, May 3, 2024 1:39 PM To: Smith, Michael <smithmi@dot.state.al.us>; Miller, Jeremy L. <millerje@dot.state.al.us>; Trey Jinright <tjinright@jadengineers.com>; Thomas Luce <tluce@jadengineers.com>; Paul Marcinko <pmarcinko@jadengineers.com>; William Graham <wgraham@jadengineers.com>; Lee Rambo <lrambo@jadengineers.com> Cc: McCracken, Paul <mccrackenp@dot.state.al.us>; Campbell, Adam H. <campbellad@dot.state.al.us>; Reed, Darrin <reedd@dot.state.al.us>; Shaw, Jason R. <shawj@dot.state.al.us> Subject: Encounter Commercial Retail - Final Inspection Good afternoon Michael, we would like to give the below update from contractor about the ALDOT work for the Encounter project. Could ALDOT put an inspection on their schedule within the next couple of weeks? Sherry, We're expecting the sod to be completed within the next few days. The striping crew is taking care of the interior work first and then we'll move directly to the ALDOT work. Within the next couple of weeks all of the work should be completed on the ALDOT. portion Thank you, Chad Ammons Ammons and Blackmon Construction LLC Thanks, Sherry Ruth JADE Consulting, LLC 208 North Greeno Road, Suite C, Fairhope, AL 36532 251.928.3443 Office | 251.928.3665 Fax sruth@jadengineers.com | www.jadengineers.com April 22, 2024 Hunter Simmons Planning and Zoning Manager City of Fairhope 451 Pecan Ave Ste. 200 Fairhope, AL 36532 Re: Letter of Substantial Completion for the Encounter Retail Center Dear Mr. Simmons: WAS Design, Inc. issues this letter to certify substantial completion of the landscape plan for the above referenced project. The Landscape Plan has been installed to its original design intent. A few minor modifications to the original plan, based on site plan construction changes, may have occurred, however, they do not materially affect the design. We are pleased with the end product and the contractors' work. The landscape and fence along the North property line is not installed currently along with the detention pond fountain. It is my understanding materials are being procured to begin. If there are questions or concerns about this matter, please feel free to contact our office. Regards, Van Webb Project Manager © 2024 WAS Design, Inc. 218 North Alston Street, Foley, Alabama 36535 T: 251.948.7181 www.was-design.com 41 e~td .,:/PF. & SUPP LY COMPA.Vl', I NC CUSTOMER ORDER CONFIRMATION Order Number Confirmation Date Order Date S189076 06/13/2024 06/13/2024 JOB NAME SALE SITE ENCOUNTER COMMERCIAL RETAIL SHIP TO Last Communicated 06/13/2024 Consolidated Pipe & Supply 4180 Halls Mill Road AMMONS AND BLACKMON CO 4180 Halls Mill Road Written By Keistyn Wells Mobile , AL 36693-5614 Mobile, AL 36693-5614 , USA Customer Number AL035565 Phone 251 -666-6691 Sold To AMMONS AND BLACKMON co 9695 STAGECOACH COMMERCIAL PK CIRCLE Ship Via Delivery Terms Payment Terms Customer PO No Will Call Customer Pick Up Sh i pping Point Net 30 Days Line CPS Part No Cust PO Line No Wanted Delivery Date Qty UoM Unit Net 9L Extended Price Amount 1.1 Part Description 25-2312-00012 23 -1/2 RAINSTO P PLST INF LO W WfT-L OCK DISH Subtotal Amount Freight Charges Other Charges Tax Amount Total Est imated Delivery Date 06/13/2024 06/13/2024 13 EA This Order is subj ect to an d wi ll be governed by Conso lidated Pipe's Domestic Terms and Conditio ns which can be found at $108 .00 $1,404 .00 $1.404 .00 $0 .00 $0.00 $0 .00 $1.404.00 https ://consoHdatedpipe .com lwo-con tenUup loads /ConsoHdated-P ipe-SupplY,-G eneral-Iecms-and -Conditjons-of-Sale -1 O 1.16-03622 602-7 .pdf page 1 of 1 Only Co n solidated Pipe's Terms an d Con dition s sha ll app ly. A n y other new . ad ditional or con fli cting te rms and con ditio ns shall be ina p plicable to this Order as well as to a ny related pu rchase order or other agreeme nt, or any performance th ereunder. Consolidated Pip e and Su p ply 1 SD 24.16 Gayfer Place Phase Two Minor SD – July 1, 2024 Summary of Request: The owner is Nicole Scopolites, as Personal Representative of the Estate of James Scopolites. Seth Moore of Moore Surveying, Inc., and Cain Roberds of C. Roberds Contactors, LLC are authorized agents for the project. This application is requesting approval of Gayfer Place Phase Two subdivision, a 2-lot Minor Subdivision of Gayfer Place Lot 2 recorded in 2020. Slide 2731-A. The property is approximately 4.66 acres and is located at 8611 Gayfer Avenue Extension. The subject property is zoned R-1 – Low Density Single-Family Residential District. There is an existing residence, mobile home, and shed on proposed Lot 2-A. The site data table is below: General Comments: All lots are within 450 feet of a fire hydrant and each lot fronts a paved publicly maintained road. There are two (2) hydrants for this subdivision. The fire flow test is sufficient for this subdivision. Figure 1: Snippet of proposed subdivision with fire hydrants. 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 on this side of Gayfer Road Extension. 2 SD 24.16 Gayfer Place Phase Two Minor SD – July 1, 2024 Figure 2: Snippet of aerial from City of Fairhope Zoning Map last visited on June 14, 2024. Final plat must be recorded within 120 days of approval. Drainage Comments: Per the Drainage Narrative found in the packet “the property presently drains via sheet flow to the existing County roadway ditches and a ditch on the eastern part flowing from Gayfer in a northwesterly direction within a proposed drainage easement.” Utility Comments: Water, power, and gas are available from the City of Fairhope. The sewer is pending installation of a low- pressure line on the north side of Gayfer Avenue Extension for properties west of Bishop Road. Connectivity: The Applicant shall provide a sidewalk along Gayfer Avenue Extension, which is a Baldwin County maintained ROW. If Baldwin County is amenable to the installation of a sidewalk in its ROW then Applicant shall coordinate the installation with Baldwin County. However, if Baldwin County is not amenable to the installation of sidewalks in its ROW then Applicant shall provide a 10 ft pedestrian easement within the subject property and install the sidewalk prior to Final Plat signatures. Article V, Section D(4)(a): 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: 3 SD 24.16 Gayfer Place Phase Two Minor SD – July 1, 2024 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 Staff Recommendation Staff recommends APPROVAL of SD 24.16 Gayfer Place Phase Two with the following conditions: 1. Installation of sidewalk along Gayfer Avenue Extension the length of the property. 2. Label new lot 2-B instead of Lot 3-B. 3. Change subdivision name to “Gayfer Place II, A subdivision of Lot 2 of Gayfer Place SD”. 555 No1th Section Street Fairhope, Alabama 36532 251-928-6777 • mooresurveying@bellsouth.net -MOORE SURVEYING, INC., June 13 , 2024 Michelle Melton City Planner City of Fairhope, AL Re: SD 24 -16 Gayfer Place Phase Two Dear Mrs. Melton; Thank you for your review of Gayf er Place Phase Two a two lot Minor Subdivision. The following is in response to your review. 1. The Fire Flow Test is attached that was pe1formed by the C ity Water Depa1tment. 2. There is a Sewer Force Main located along Bishop Road that can be utilized for the parcel on the comer of Bishop and Gayfer. The other Lot has an existing residence with an existing septic system. Currently the Owner does not have any p lans to change the system. 3. Attached is a copy of a updated Drainage Narrative. 4. The Owner i s not interested at this time to subdivide the propeny other than the western pait. 5. Attached are two 11 " x 1 7" plats and one full size plat. 6. I have emailed a pdf copy of the plat and attachments. Sincerely, Seth W. Moore-P.L.S. Moore Swveying Email: mooresurveying@bellsouth.net SEE US FOR ALL YOUR SURVEYING AND PLANNINS NEEDS DRAINAGE NARRATIVE FOR GAYFER PLACE PHASE TWO The property is located at 8613 Gayfer Avenue Ext, Fairhope, Alabama, and is in Flood Zone X. The property is about 80% undevel oped property with a residence on the east side of this lot . The property presently drains via sheet flow to the existing County roadway ditches and a ditch on the eastern part flowing from Gayfer in a northwesterly direction within a proposed drainage easement. The proposed two lot division will consist of a sing le-family residence on each lot. As a minimum, subsequent development shall conform to best management practices as defined by the State of Alabama Department of Environmental Management and outlined in the Alabama Handbook for Erosion Control, Sediment Control, and Stormwater Management for Construction Sites and Urban Areas, Volumes I and 11, latest edition, as published by the Alabama Soil and Water Conservation Committee. Deve lopment shall also be subject to the stormwater management requirements of the respective authority that has jurisdiction as reflected in notes on the plat. Gulfwide Engineering, LLC P.O. Box 57 Montrose, Alabama 36559 (251} 209-1040 SD 24.17 - 211 South Section Street Condominium City of Fairhope Planning Commission July 1, 2024 S SCHOOL STFELS AVE GASTON AVE COLE CT WHITE AVE S SECTION STS CHURCH STFE L S A V E NICHOLS AVE MORPHY AVE OSWALT STGASTON AVE S SECTION STRoad Corporate Limit Parcel Zoning District B-1 B-2 P-1 R-2 R-3 R-3TH R-4 µ µ Project Name: 211 South Section Street Site Data: 0.40 acres Project Type: 3-lot Minor Subdivision Jurisdiction: Fairhope Planning Jurisdiction Zoning District: R-3TH PPIN Number: 41038 General Location: East side of South Section Street, South of Oswalt Street Surveyor of Record: Goodwyn Mill Cawood, LLC Engineer of Record: Goodwyn Mill Cawood, LLC Owner / Developer: Eastpark, LLC School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ Conditions Prepared by: Mike Jeffries 1 SD 24.17 South Section Townhouse Condominium MOP – July 1, 2024 Summary of Request: Public hearing at the Request of Eastpark, LLC, for a Multiple Occupancy Project Approval of South Section Townhouse Condominium, a 3-Unit multiple-occupancy project. Scott Hutchinson, P.E with Goodwyn, Mills, and Cawood, LLC is the EOR for the project. The subject property is zoned R-3TH High Density Single-Family Townhouse Residential District and is approximately .4 acres. The property is located on the east side of S. Section Street at the eastern terminus of Gaston Avenue. This application is for preliminary/final MOP approval. This project received approval in 2022 but the conditions of approval at that time were not completed therefore a plat was not properly created to create the space for the proposed units. Comments: - Utilities: Fairhope utilities are available to service the proposed development. A flow model was conducted to determine whether the supply and pressure is adequate to provide fire protection for the proposed development and it not meet the required flow. The City engaged a third party consultant to review the project and provide possible solutions to meet the fire protection requirements. The report should be provided by the time of the Planning Commission meeting to discuss. Location of meters shall be coordinated with each utility department. - Drainage: The drainage has been reviewed by City Engineer, Richard Johnson, P.E. and approved. The site will utilize a pervious drive. - Landscaping: o Street trees and sidewalk will be installed along Section St. and the landscape plan shows landscaping along the east and south property lines. The sidewalk and street trees shall be installed as a condition of approval. General Comments: o The development meets the intent of the Zoning Ordinance. o Each unit has the required rear yard o Each unit is rear loaded with an internal drive aisle. o The proposed development can keep and modify the existing house on the north and add the additional two units to the south. Staff Recommendation of Case SD 24.17 South Section Townhouses: Staff recommends approval with the following conditions. 1. Provide a solution for fire protection as proposed by the consultant. 2. Sidewalk and landscaping shall be installed before issuance of C/O. 1 ZC 24.04 Rezoning 53 N. Church Street from R‐2 to B‐3(b) July 1, 2024 Summary of Request: Owner/applicant, Kathryn Mull, requests the subject property be rezoned from R‐2, Medium Density Single Family Residential District to B‐3(b), Tourist Resort Commercial District. David Martin is an authorized agent for the case. The property is located at 53 N. Church Street. Subject Property is not within the Central Business District (“CBD”). Applicant desires to keep the single‐family home and build a garage with an accessory dwelling unit to be utilized as a short‐term rental, which is allowed in B‐3b, but not in R‐2. See Ordinance No. 1336. Article III, Section A(13): Figure 1: Map of subject and adjacent properties. Figure 2: 53 N. Church Street on www.zillow.com. Last visited on June 13, 2024. 2 ZC 24.04 Rezoning 53 N. Church Street from R‐2 to B‐3(b) July 1, 2024 Comments: The subject property currently has six (6) bedrooms and five (5) bathrooms as a single‐family home. The subject property is a lone parcel sandwiched between R‐4 Low Density Multi‐Family and B‐3b zoning, both of which allow short term rentals. It backs up to R‐2 zoning. Applicant desires B‐3b zoning so that they may build a garage with an accessory dwelling unit to rent as a short‐term rental. Subject property is across the street from the CBD, which also allows for short term rentals. As with any request for a zoning map amendment, we must consider the initial desire, as well as how the property may be utilized in the future. Staff feels a single‐family home, with a unit above the garage used as a short‐term rental, is appropriate for the neighborhood. However, conversion of the house into a six‐unit rental, for example, would be a change in use and require appropriate reviews. 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 adjacent to the central business district. Adjacent properties are zoned R‐4 and B‐3b. Being adjacent to downtown, and considering the adjacent uses, Staff feels this request meets the form, function, and design standards because it is a source for both tourists and locals. (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. For example, office space or outdoor recreation would not be ideal for this location although they are both allowed uses within B‐3b. (3) The character of the surrounding property, including any pending development activity; Response: Meets. The only development activity currently considered is an additional detached garage with a second‐story rental unit. Required buffers and twenty (20) foot setbacks provide protection from adjacent residential property. Future changes in use should be carefully reviewed for impacts to the character of the surrounding property. (4) Adequacy of public infrastructure to support the proposed development; Response: Meets. Already an existing structure with utilities. If Applicant plans to add more units, or separate the existing single‐family resident into multiple units, then that may require additional demands on infrastructure. (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. The Zoning Ordinance and Tree Ordinance already provide protections to adjacent residential property by way of setbacks and landscape buffers. 3 ZC 24.04 Rezoning 53 N. Church Street from R‐2 to B‐3(b) July 1, 2024 (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: By restricting some of the more intense uses staff does not anticipate any significant issues relating to this criterion currently. Subject property is the lone R‐2 on either side of this block of Church Street; whereas, the rest of the properties are zoned R‐4, B‐3b or B‐2. (8) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: With the existing regulations, as well as restricting some of the more intense uses, staff does not anticipate any significant issues relating to this criterion currently. However, changes in use should be considered carefully. For example, Church St does not have on‐street parking. Additional units would need to accommodate parking on‐site if the use were approved. Uses allowed in B‐3b from Table 3‐1 of the Zoning Ordinance are summarized below. Dwelling Single‐Family (‘By‐right’) Two‐family (‘By‐right’) Multifamily/Apartment (‘Permitted on Appeal and subject to special conditions’) Mixed‐Use (‘By‐right’) Accessory Dwelling (‘Permitted subject to special conditions listed in the ordinance’) Civic Elementary School (‘By‐right’) Secondary School (‘By‐right’) Library (‘By‐right’) Public Utility (‘By‐right’) Office General (‘By‐right’) Professional (‘By‐right’) Home Occupation (‘Permitted subject to special conditions listed in the ordinance’) 4 ZC 24.04 Rezoning 53 N. Church Street from R‐2 to B‐3(b) July 1, 2024 Retail Grocery (‘By‐right’) Convenience Store (‘Permitted subject to special conditions listed in the ordinance’) General Merchandise (‘By‐right’) Service Outdoor Recreation Facility (‘By‐right’) Indoor Recreation (‘Permitted on Appeal and subject to special conditions’) Personal Storage (‘Permitted subject to special conditions listed in the ordinance’) Bed & Breakfast (‘Permitted on Appeal and subject to special conditions’) Hotel/Motel (‘Permitted on Appeal and subject to special conditions’) Recreational Vehicle Park (‘Permitted subject to special conditions listed in the ordinance’) Restaurant (‘By‐right’) Bar (‘By‐right’) Entertainment Venue (‘By‐right’) Marina (‘By‐right’) Manufacturing None Recommendation: Staff recommends approval of ZC 24.04, rezoning 53 N. Church Street from R‐2 to B‐3b 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. Multifamily/Apartment b. General Office c. Professional Office d. Grocery e. Convenience Store f. General Merchandise g. Outdoor Recreation Facility h. Indoor Recreation i. Personal Storage j. Recreational Vehicle Park k. Restaurant l. Bar m. Entertainment Venue n. Marina 5 ZC 24.04 Rezoning 53 N. Church Street from R‐2 to B‐3(b) July 1, 2024 2.) Current use is a single‐family residential structure. Any change in use shall meet all applicable laws and regulations at the time of application. From:storeyville36608@aol.com To:turkstat@aol.com; planning Subject:Rezoning of 53 N. Church Date:Monday, June 24, 2024 6:07:58 PM Skipper Walters and I purchased our town home in September 2023. We love the quiet "residential " street. We love the city!! Construction has been ongoing at 53 N. Church. We want it to stay zoned as R- 2. Not interested in a bed n breakfast or anything other than single family residential. Thank you for your consideration in this matter. God bless, Storey Walters 1 ZC 24.05 Rezoning Lot 1 of Rockwell Place from R-1 to B-2 July 1, 2024 Summary of Request: Applicant, Sawgrass Consulting, on behalf of Owner, Rockwell, LLC, requests the subject property be rezoned from R-1, Low Single Family Residential District to B-2, General Business District. The property is located at the East side of AL Hwy 181 and 1/3 mile north of the AL Hwys 181 and 104 intersection. Subject property is otherwise known as Lot 1 and common areas of Rockwell Place that was recently annexed into the City on May 13, 2024 (Ordinance No. 1798). Previous subdivision case SD 23.31 was the final plat approval of Rockwell replace that created the lots. Case SD 22.02 was a preliminary MOP approval for the now lot 2 and all the properties were in the County. Lot 2 will remain in the County. Article III, Section A(11): Figure 1: Map of subject and adjacent properties. 2 ZC 24.05 Rezoning Lot 1 of Rockwell Place from R-1 to B-2 July 1, 2024 Comments: The subject property is 11.79 acres. The subject property, proposed to be zoned as B-2, will most likely be subdivided again creating commercial lots. At that time the infrastructure will be studied more and a condition of this approval is that when the subject property is further subdivided then each subdivided site will have a mandatory Site Plan Review. This property is located between the Encounter Commercial Subdivision to the direct South and the Harvest Green East PUD to the North. Directly East are the Rockwell Place Apartments. The aforementioned developments plus the Publix at Planter’s Pointe across AL Hwy 181 required significant road infrastructure that is still in play (Rockwell Blvd off of Hwy 181). Figure 2: Snippet of Rockwell Place Final Plat Slide 2942-B. 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 noted the AL Hwys 104 and 181 as a potential node for development and it has proven to be the case with several residential and commercial projects taking place within the last two (2) years. (2) Compliance with the standards, goals, and intent of this ordinance; Response: Meets. (3) The character of the surrounding property, including any pending development activity; Response: Meets. There are a handful of residential and commercial developments around the highways intersection and branching from the intersection that will be symbiotic to each other. (4) Adequacy of public infrastructure to support the proposed development; Response: There is existing infrastructure in the immediate surroundings. Infrastructure will be studied more if/when Lot 1 further subdivides or applies for any building permit. 3 ZC 24.05 Rezoning Lot 1 of Rockwell Place from R-1 to B-2 July 1, 2024 (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 does request an update from the Applicant and ALDOT regarding the Rockwell Blvd and Hwy 181 connection. (8) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: Staff does not anticipate any significant issues relating to this criterion currently. Staff does request an update from the Applicant and ALDOT regarding the Rockwell Blvd and Hwy 181 connection. Recommendation: Staff recommends approval of ZC 24.05: rezoning Lot 1 of Rockwell Place from R-1 to B-2 with the following conditions: 1. Each site created in Lot 1 shall have a mandatory Site Plan Review. 2. An update from ALDOT or completion thereof the Rockwell Blvd and Hwy 181 connection prior to further subdividing or applying for any permits. 2-3 weeks per June 12, 2024, correspondence from Applicant. 3. Provide a schedule for the completion of the apartments and portions of the roads that will be public as soon as possible and prior to applying for any permits. Three (3) months per June 12, 2024, correspondence from Applicant.