HomeMy WebLinkAbout11-04-2024 Planning Commission Agenda PacketOctober 7, 2024
Planning Commission Minutes
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The Planning Commission met Monday, October 7, 2024, at 5:00 PM at the City Municipal Complex,
161 N. Section Street in the Council Chambers.
Present: Lee Turner; Harry Kohler; John Worsham; Hollie MacKellar; Erik Cortinas; Rebecca Bryant;
Hunter Simmons, Planning and Zoning Director; Mike Jeffries, Development Services Manager;
Michelle Melton, Planner; Chris Williams, City Attorney; and Cindy Beaudreau, Planning Clerk.
Absent: Jay Robinson, Clarice Hall-Black and Paul Fontenot
Chairman Turner called the meeting to order at 5:02 PM.
Approval of the Minutes September 5, 2024:
John Worsham made a motion to approve the minutes from September 5, 2024.
Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Harry Kohler; John Worsham; Hollie MacKellar; Erik Cortinas
ABSTAIN: Rebecca Bryant
NAY: None.
Chairman Turner stated that Item J on the agenda would not be discussed at this meeting and the
Comprehensive Plan Discussion will be moved to the end of the agenda.
Old/New Business
• Election of Officers
John Worsham made a motion to nominate the current officers of: Lee Turner, Chair; Rebecca Bryant,
Vice-Chair and Cindy Beaudreau, Secretary.
Harry Kohler seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Harry Kohler; John Worsham; Hollie MacKellar; Erik Cortinas; Rebecca Bryant
NAY: None.
• Approval of 2025 Meeting Schedule
Erik Cortinas made a motion to approve the 2025 meeting schedule.
John Worsham seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Harry Kohler; John Worsham; Hollie MacKellar; Erik Cortinas; Rebecca Bryant
NAY: None.
October 7, 2024
Planning Commission Minutes
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Consideration of Agenda Items
A. UR 24.09 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed
installation of approximately 14,770 LF of buried fiber cable at 202 N. Summit Street.
Summary: Hunter Simmons, Planning and Zoning Director, stated that staff has had an increase in calls
and requested that C-Spire be responsible for their contractors. The contractors need to spend more time
locating utilities in the ROWs. Mr. Simmons stated that staff is looking at implementing a consent
agenda to be able to approve multiple UR cases with one vote. Mike Jeffries, Development Services
Manager, presented the request of the Applicant, C-Spire for an 11.52.11 Utility Review and approval
of the proposed installation of approximately 14,770 LF of buried fiber cable at 202 N. Summit Street.
Mr. Jeffries shared the zoning and aerial maps.
Staff recommends conditional approval of UR 24.09 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.
11. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,
unless otherwise required by the Fairhope Building Department.
Chairman Turner allowed the public to speak about these cases.
Bob Comstock, 114 N Bayview, is against adding a third internet provider stating there is no room in
the ROW in front of his house. Mr. Comstock added that the subcontractors do not keep to the limits of
daily installation and are consistently leaving a mess. Mr. Comstock requested that the work for UR
24.09 be placed on the north side of Oak Street.
Eric Zubler, 105 Powell Street, stated that his house was ruined due to the contracting hitting the sewer
line near his house and the contractors had to remove a Japanese maple. Mr. Zubler does not want the
neighborhood messed up again and asked that this project not be approved in the Bluffs neighborhood.
Mr. Simmons stated he will pass these comments along to the ROW Inspector.
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Chris Williams stated that the Planning Commission has the purview to review the location, character
and extent of the utility infrastructure.
Erik Cortinas has two ROW Inspectors, a Utility Inspector who can coordinate with Jamie Rollins,
Horticulturist, so more people can keep track of the project.
Rebecca Bryant stated that she has not seen oversight for the trees in the field.
Mr. Simmons stated that this case could be tabled so more information can be requested from C-Spire.
John Worsham made a motion to table UR 24.09 until the November Planning Commission meeting.
Erik Cortinas seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Harry Kohler; John Worsham; Hollie MacKellar; Erik Cortinas; Rebecca Bryant
NAY: None.
B. UR 24.10 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed
installation of approximately 27,968 LF of buried fiber cable at 818 Fairhope Avenue.
Summary: Mike Jeffries, Development Services Manager, presented the request of the Applicant, C-
Spire for an 11.52.11 Utility Review and approval of the proposed installation of approximately 27,968
LF of buried fiber cable at 818 Fairhope Avenue. Mr. Jeffries shared the zoning and aerial maps.
Staff recommends conditional approval of UR 24.10 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.
11. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,
unless otherwise required by the Fairhope Building Department.
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Erik Cortinas made a motion to approve UR 24.10 with staff recommendations.
Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Harry Kohler; John Worsham; Hollie MacKellar; Erik Cortinas; Rebecca Bryant
NAY: None.
C. UR 24.11 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed
installation of approximately 3,172 LF of buried fiber cable at 9051 Feather Trail.
Summary: Mike Jeffries, Development Services Manager, presented the request of the Applicant, C-
Spire for an 11.52.11 Utility Review and approval of the proposed installation of approximately 3,172
LF of buried fiber cable at 9051 Feather Trail. Mr. Jeffries shared the zoning and aerial maps.
Staff recommends conditional approval of UR 24.11 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.
11. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,
unless otherwise required by the Fairhope Building Department.
John Worsham made a motion to approve UR 24.11 with staff recommendations.
Erik Cortinas seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Harry Kohler; John Worsham; Hollie MacKellar; Erik Cortinas; Rebecca Bryant
NAY: None.
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D. UR 24.12 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed
installation of approximately 4,837 LF of buried fiber cable at 102 Majors Run.
Summary: Mike Jeffries, Development Services Manager, presented the request of the Applicant, C-
Spire for an 11.52.11 Utility Review and approval of the proposed installation of approximately 4,837
LF of buried fiber cable at 102 Majors Run. Mr. Jeffries shared the zoning and aerial maps.
Staff recommends conditional approval of UR 24.12 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.
11. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,
unless otherwise required by the Fairhope Building Department.
John Worsham made a motion to approve UR 24.12 with staff recommendations.
Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Harry Kohler; John Worsham; Hollie MacKellar; Erik Cortinas; Rebecca Bryant
NAY: None.
E. UR 24.13 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed
installation of approximately 9,533 LF of buried fiber cable at 8933 Nichols Avenue.
Summary: Mike Jeffries, Development Services Manager, presented the request of the Applicant, C-
Spire for an 11.52.11 Utility Review and approval of the proposed installation of approximately 9,533
LF of buried fiber cable at 8933 Nichols Avenue. Mr. Jeffries shared the zoning and aerial maps.
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Staff recommends conditional approval of UR 24.13 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.
11. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,
unless otherwise required by the Fairhope Building Department.
John Worsham made a motion to approve UR 24.13 with staff recommendations.
Harry Kohler seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Harry Kohler; John Worsham; Hollie MacKellar; Erik Cortinas; Rebecca Bryant
NAY: None.
F. UR 24.14 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed
installation of approximately 4,777 LF of buried fiber cable at 120 Stratford Street.
Summary: Mike Jeffries, Development Services Manager, presented the request of the Applicant C-
Spire for an 11.52.11 Utility Review and approval of the proposed installation of approximately 4,777
LF of buried fiber cable at 120 Stratford Street. Mr. Jeffries shared the zoning and aerial maps.
Staff recommends conditional approval of UR 24.14 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:
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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.
11. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C,
unless otherwise required by the Fairhope Building Department.
John Worsham made a motion to approve UR 24.14 with staff recommendations.
Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Harry Kohler; John Worsham; Hollie MacKellar; Erik Cortinas; Rebecca Bryant
NAY: None.
G. SR 24.03 Request of the Applicant, Jade Consulting, LLC on behalf of the Owner, Encounter
Development, LLC, for Site Plan Approval of Sherwin Williams. The property is approximately 0.894
acres and is zoned B-2 – General Business District. The property is located on the northeast corner of
State Highway 181 and State Highway 104. PPIN #: 108453
Summary: Michelle Melton, City Planner, presented the request of the Applicant, Jade Consulting, LLC
on behalf of the Owner, Encounter Development, LLC, for Site Plan Approval of Sherwin Williams.
The property is approximately 0.894 acres and is zoned B-2 – General Business District. Ms. Melton
shared the zoning and aerial maps.
Staff recommends approval of SR 24.03 to the City Council.
Paul Marcinko, Jade Consulting, stated that the apron on the east side is not needed and it could be added
later if necessary.
Chairman Turner asked what the apron would be used for. Mr. Simmons stated that some lots 2-6 in the
Encounter Development have a limit of 3 entrances to Bushell Drive. There is no requirement to install
the apron but if the apron is removed, staff would require a revised landscape plan prior to taking to the
City Council.
Rebecca Bryant made a motion to recommend SR 24.03 to City Council with the following condition:
1. The apron can be removed and a revised landscape plan to be received prior to taking to the City
Council.
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John Worsham seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Harry Kohler; John Worsham; Hollie MacKellar; Erik Cortinas; Rebecca Bryant
NAY: None.
H. SR 24.04 Request of the Applicant, S.E. Civil on behalf of the Owner, FST Fargason, Peter,
for Site Plan Approval of Aubergine. The property is approximately 0.10 acres and is zoned B-2 –
General Business District. The property is located at 315 De La Mare Avenue #A. PPIN #: 68209
Mike Jeffries, Development Services Manager, presented the request of the Applicant, S.E. Civil, on
behalf of the Owner, FST Fargason, Peter, for Site Plan Approval of Aubergine. The property is
approximately 0.10 acres and is zoned B-2 – General Business District. The property is located at 315
De La Mare Avenue #A. Mr. Jeffries shared the plat and site data. Mr. Jeffries stated that the existing
building footprint would remain the same, only the second floor is being added.
Staff recommends approval of SR 24.04 to the City Council with the following condition:
1. Draft and record in Baldwin County Probate an ingress/egress/utility easement from John Bethea
and provide a recorded copy of said easement to Planning & Zoning prior to applying for a permit.
Mr. Cortinas asked about the fire flow. Since this was done during the City’s water conservation period,
how long ago was the fire flow completed.
Larry Smith, S.E. Civil, stated that it is about a year and a half old, but due to the improvements in that
area, the fire flow should be even better now.
Chairman Turner asked if when the original building was built, was there a plan to add another story.
Mac Walcott, WAV Architects, stated that the front portion of the building is designed for a second
story and the back will be beefed up to allow for the second story.
John Worsham made a motion to recommend SR 24.04 to City Council with staff recommendations.
Rebecca Bryant seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Harry Kohler; John Worsham; Hollie MacKellar; Erik Cortinas; Rebecca Bryant
NAY: None.
I. SD 24.22 Public hearing to consider the request of the Applicant, S.E. Civil, on behalf of the
Owner, FST Fargason, Peter, for preliminary plat approval of Aubergine, a 4-unit multiple occupancy
project. The property is zoned B-2, General Business District. The property is approximately 0.10 acres
and is located at 315 De La Mare Avenue #A. PPIN #: 68209
Mike Jeffries, Development Services Manager, presented the request of the Applicant, S.E. Civil, on
behalf of the Owner, FST Fargason, Peter, for preliminary plat approval of Aubergine, a 4-unit multiple
occupancy project. The property is zoned B-2, General Business District. The property is approximately
0.10 acres and is located at 315 De La Mare Avenue #A. Mr. Jeffries shared the zoning and aerial maps.
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Staff recommends approval of SD 24.22 with the following conditions:
1. Draft and record in Baldwin County Probate an ingress/egress/utility easement from John Bethea
and provide a recorded copy of said easement to Planning & Zoning prior to applying for a permit.
2. Approval of Site Plan Review by City Council.
Chairman Turner opened the public hearing at 5:48pm. Having no one present to speak, the public
hearing was closed at 5:48pm.
Hollie MacKellar made a motion to recommend SD 24.22 with staff recommendations.
John Worsham seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Harry Kohler; John Worsham; Hollie MacKellar; Erik Cortinas; Rebecca Bryant
NAY: None.
J. SD 24.21 Public hearing to consider the request of the City of Fairhope’s Planning and
Zoning Department to accept Resolution 2024-01 for various proposed amendments to Article IV of the
City of Fairhope’s Subdivision Regulations.
This item was delayed until the November Planning Commission meeting.
K. ZC 24.06 Public hearing to consider the request of the Applicant, S.E. Civil, on behalf of the
Owner, 181 Fairhope Ave 2023, LLC, to rezone property from PUD, Planned Unit Development to
PUD, Planned Unit Development – Mixed Use, to be known as Eastlake Village. The property is
approximately 75.73 acres and is located at 20741 State Highway 181. PPINS #: 236701, 24160, 316793
Hunter Simmons, Planning and Zoning Director, presented the request of the Applicant, S.E. Civil, on
behalf of the Owner, 181 Fairhope Ave 2023, LLC, to rezone property from PUD, Planned Unit
Development to PUD, Planned Unit Development – Mixed Use, to be known as Eastlake Village. The
property is approximately 75.73 acres and is located at 20741 State Highway 181. Mr. Simmons shared
the zoning and aerial maps. Mr. Simmons shared locations in the City of “Village Nodes” and Place
Types maps and explained that the 2016 Comprehensive Plan shows the intersection of Fairhope Avenue
and Highway 181 is a proposed “Village Node” with the standards for that type of development. Mr.
Simmons then explained the differences between a Village Districts (CVC, VRM) vs. a Planed Unit
Development (PUD) and stated that the Village Districts meets Fairhope regulations. Mr. Simmons
shared the building height plan and where many of these buildings exceed the building height
requirements. As proposed, this development would require many exceptions and described some of
these exceptions. Mr. Simmons then discussed the current inconsistencies comparing the recommended
guidelines and the proposed guidelines as submitted.
Staff recommends denial of ZC 24.06.
Drew Dolan, 68 Ventures, stated that their vision is to create a village center mixed-use master plan and
explained the project layout and design. Mr. Dolan shared a slide show and video presentation.
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Jared Calhoun, Nequette Architecture and Design, 227 2nd Avenue N, Birmingham, stated that this plan
is community focused with a variety of housing options and how the different user groups support this
type of community. Mr. Calhoun shared the zoning diagram that shows a combination of a village
residential mix and a community village center. Mr. Calhoun then addressed some of the inconsistencies
that were stated earlier and explained the reasoning for the density, building heights, setback/lot size
and parking deviations in the development.
Mr. Worsham stated that the division into CVC and VRM looks arbitrary. Mr. Calhoun stated that he
was working to concentrate the commercial node at the intersection of Fairhope Avenue and Highway
181 to catch the street end and the rest was based on uses and distribution on site. Mr. Worsham stated
that the divisions do not match up with the phasing and asked if that was a way to get around the density
requirements for a VRM. Mr. Calhoun stated that may change the density category in the VRM and the
mix of uses and how he was working to keep the single-family, detached and townhomes in the VRM
and the townhomes are accommodated in both districts. Anything that had commercial space would
need to be placed in the CVC.
Chairman Turner opened the public hearing at 6:39pm.
Mac Walcott, 233 Live Oak Street, stated that he is fascinated with the quality and intent of this
development and approves of the project.
The public hearing was closed at 6:41pm.
Chairman Turner does not have issues with the plan overall, but is concerned with Statement F, that
states the intent to sell and would like a guarantee for the details shown in the project. Mr. Turner would
like the developer to work more with staff on a guarantee for the details.
Mr. Worsham agrees with Mr. Turner.
Ms. MacKellar agrees and would like the details in writing.
Rebecca Bryant is concerned for future owners and asked if this is a Village District or a PUD. Ms.
Bryant stated that she would like it to be a Village District.
Mr. Cortinas loves the concept and asked how easy it would be to make a quick guess of the water usage
that will be required for this development. Mr. Cortinas shared the improvements to the City water
system and would not like to lose it all to a single development.
Mr. Dolan believes that the design book included with the packet would govern the architecture, and
that phase 1 will be the infrastructure and phase 2 will be the multifamily which will include 35 – 40K
square feet of commercial. Mr. Dolan addressed the Village District vs. a PUD and stated that this
development is a PUD and how the design book with the guidelines will be followed.
Mr. Dolan requested that the Planning Commission table the project to meet with staff. Mr. Turner
shared his interest in attending the meeting once it is scheduled. Mr. Simmons added that the guidelines
have good components to them with architectural designs, but the guidelines are not referenced. Mr.
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Simmons stated that the dimensions and space break-up should be included. Mr. Simmons is concerned
with setting a building height precedent in the future.
John Worsham made a motion to table ZC 24.06 until the December Planning Commission meeting.
Erik Cortinas seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Harry Kohler; John Worsham; Hollie MacKellar; Erik Cortinas; Rebecca Bryant
NAY: None.
Old/New Business (Cont’d)
• Comprehensive Plan Discussion
Mr. Simmons, Planning and Zoning Director, stated that due to the RESTORE project and deadline,
staff plans to bring the 2024 Comprehensive Plan to the Planning Commission at the November meeting.
Mr. Cortinas shared some concerns related to:
• Flood zones and setbacks around flood plains. The City prohibits habitable buildings in
floodways. There are guidelines for new developments in and around floodplains currently listed
in the Flood Damage Prevention Ordinance.
• Design standards discuss a Technical Design Review Committee and if the City is looking to
create that committee. Mr. Simmons stated that there is a potential for a committee that would
review signage, historic buildings, etc. and be a recommendation rather than a regulatory
committee.
• Bioswales, permeable pavement and bioretention are addressed in the City Building Code
Supplement. Mr. Cortinas does not want the Comprehensive Plan to conflict with them.
• The Historic Preservation section is being addressed now with the creation of the City Historic
Preservation Commission.
• Encourage the development of private paved parking. Mr. Cortinas’s first thought was the
customer cost of private paved parking. Mr. Simmons stated that these are options that
developers can look at when considering a project. Mr. Cortinas is concerned that developers
will build a lot of parking lots rather than buildings just to make money.
• The regulation of LSVs and where they are allowed. Mr. Cortinas stated his willingness to help
write that ordinance.
• Coordinating with Baldwin County Board of Education. Mr. Cortinas stated that the developer
should be required to get a letter from them acknowledging they are aware of new developments.
Mr. Simmons stated that staff has a good working relationship with them, but the timeframes are
sometimes hard to work with.
• Allowing ADUs. Mr. Cortinas added that he has received many calls from residents about family
wanting to move adult children and/or parents that need care onto their property. Mr. Simmons
stated that the City may be able to try it in some areas.
• Disallowing single-family attached and duplexes broadly across the CBD. Mr. Cortinas
suggested limiting the size of them. Mr. Simmons stated that the challenge is when someone
builds a house in the CBD and then complains about the noise and traffic in the area.
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Adjournment
Erik Cortinas made a motion to adjourn.
AYE: Lee Turner; Harry Kohler; John Worsham; Hollie MacKellar; Erik Cortinas; Rebecca Bryant
NAY: None.
Adjourned at 7:24pm.
_______________________ ________________________
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.
UR 24.09 - 202 N Summit Street (C-Spire)
City of Fairhope
Planning Commission
November 04, 2024
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EQUALITY ST
PINE AVE
ATKINSON LN N SUMMIT STN CHURCH STN BANCROFT STGENEVIEVE LN
FAIRHOPE AVE N SECTION STN BAYVIEW STPOWELL AVE
OAK AVE
KEIFER AVE
N BEACH RDInstall Area
Road
Parcel
Zoning District
B-1
B-2
B-3a
B-3b
B-4
P-1
R-2
R-4
R-5
µ
µ
Project Name:
202 N Summit Street (C-Spire)
Site Data:
14,770 Linear Feet
Project Type:
Installation of Buried Fiber Cable
Jurisdiction:
Fairhope Planning Jurisdiction
Zoning District:
R-2
PPIN Number:
N/A
General Location:
North Avenue, traveling South to
Fairhope Avenue
Surveyor of Record:
C-Spire
Engineer of Record:
C-Spire
Owner / Developer:
C-Spire
School District:
Fairhope Elementary School
Fairhope Middle and High Schools
Recommendation:
Approved w/ Conditions
Prepared by:
Chris Ambron
1 UR 24.09 C-Spire – October 7, 2024
Summary of Request: Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed
installation of approximately 14,770 ft directional bore buried fiber along routes outlined on the
below location map.
2 UR 24.09 C-Spire – October 7, 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 please contact Right of Way inspector for restoration.
• If sidewalk panels need to be removed, the subgrade must be compacted to the
satisfaction of the ROW inspector. Cold patch asphalt shall be used as a temporary
walking surface until the permanent repair can be done.
• Sidewalk panels shall be a minimum of 4000 psi and be inspected within 24 hours of
pouring concrete. Anything over one sidewalk panel shall be poured via concrete truck
(no bag mix allowed).
3 UR 24.09 C-Spire – October 7, 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 prior to earth work.
• Trees shall not be negatively impacted.
• Consultation with the City’s horticulturalist, to determine if the required depth of bore
must be increased so that no trees are impacted by the project. The contractor is
responsible for any damaged trees.
• Any work done within the critical root zone shall be done to meet or exceed Internal
Society Arboriculture (ISA) standards.
• All roots to be removed shall be severed cleanly at the perimeter of the protected
radius.
• Protective barriers shall be used for all trees, barricades shall be erected a minimum of
20’ from the trunk.
5. Erosion Control
• Any ROW cuts shall be stabilized (covered) at the end of each day & disturbed areas
shall be re-vegetated with sod within ten (10) days of completion of the project. Sod
shall be watered to ensure survival.
• Any excess soil shall be removed and disposed of properly. Dumping on private
property without approval will not be tolerated.
• Mulch / seed shall only be acceptable as temporary cover.
• Inlets shall be protected. BMPs shall be placed at all affected storm inlets.
• If the site is within 100' of a critical area (wetland, etc.), red soil/clay shall not be
allowed as fill material, per the City’s Red Clay/Soil Ordinance.
• BMPs shall be installed at boring sites and trench locations.
• Ground conditions in the ROW’s shall be returned to original preconstruction
condition(s) or better.
• No open trenches shall be allowed. Directional boring shall be used in sensitive areas,
such as under roads, in proximity to trees, on finished lots, etc.
6. Project Completion, Punch List Walk, & As Built
• The applicant shall provide as-built drawings of all installed lines depicting depths.
• Damage to any City’s infrastructure (storm, sewer, water, ditches etc. shall be the
responsibility of the permittee to repair to city standards at no cost to the city.
• Any damage that occurs needs to be reported to the city as soon as possible.
• Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and
to allow vehicles to exit the roadway during an emergency.
4 UR 24.09 C-Spire – October 7, 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 Ordinance (#1444)
• Staff Recommendation: Approval with Conditions of UR 24.09
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 technician 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.
UR 24.15 - 9445 Valor Drive (C-Spire)
City of Fairhope
Planning Commission
November 4, 2024
GAYFER RD EXT STRATFORD STAYRSHIRE LNWAKEFIELD AVE
NOBLEMAN DRLOWRY DRBELMONT AVE
PITMAN LNHUCKNALL DR
TIFTON WAY
GAYFER RD EXT AYRSHIRE LNSTRATFORD STNOBLEMAN DRLOWRY DRHUCKNALL DR
Road
Parcel
PUD - Planned Unit Development
R-1 Low Density Single-Family Residential District
R-2 Medium Density Single-Family Residential District
RA - Residential/Agriculture District
Install Area
Project Name:
9445 Valor Drive (C-Spire)
Site Data:
6,871 Linear Feet
Project Type:
Directional Bore Fiber Installation
Jurisdiction:
Fairhope Planning Jurisdiction
Zoning District:
R-2
PPIN Number:
N/A
General Location:
South of Gayfer Road Extentsion, East of
County Road 13
Surveyor of Record:
C-Spire
Engineer of Record:
C-Spire
Owner / Developer:
C-Spire
School District:
Fairhope Elementary School
Fairhope Middle and High Schools
Recommendation:
Approved w/ Conditions
Prepared by:
Chris Ambron
µ
µ
1 UR 24.15 C-Spire – November 4, 2024
Summary of Request: Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed
installation of approximately 6,871 ft directional bore buried fiber along routes outlined on the below
location map.
2 UR 24.15 C-Spire – November 4, 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 please contact Right of Way inspector for restoration.
• If sidewalk panels need to be removed, the subgrade must be compacted to the
satisfaction of the ROW inspector. Cold patch asphalt shall be used as a temporary
walking surface until the permanent repair can be done.
• Sidewalk panels shall be a minimum of 4000 psi and be inspected within 24 hours of
pouring concrete. Anything over one sidewalk panel shall be poured via concrete truck
(no bag mix allowed).
3 UR 24.15 C-Spire – November 4, 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 prior to earth work.
• Trees shall not be negatively impacted.
• Consultation with the City’s horticulturalist, to determine if the required depth of bore
must be increased so that no trees are impacted by the project. The contractor is
responsible for any damaged trees.
• Any work done within the critical root zone shall be done to meet or exceed Internal
Society Arboriculture (ISA) standards.
• All roots to be removed shall be severed cleanly at the perimeter of the protected
radius.
• Protective barriers shall be used for all trees, barricades shall be erected a minimum of
20’ from the trunk.
5. Erosion Control
• Any ROW cuts shall be stabilized (covered) at the end of each day & disturbed areas
shall be re-vegetated with sod within ten (10) days of completion of the project. Sod
shall be watered to ensure survival.
• Any excess soil shall be removed and disposed of properly. Dumping on private
property without approval will not be tolerated.
• Mulch / seed shall only be acceptable as temporary cover.
• Inlets shall be protected. BMPs shall be placed at all affected storm inlets.
• If the site is within 100' of a critical area (wetland, etc.), red soil/clay shall not be
allowed as fill material, per the City’s Red Clay/Soil Ordinance.
• BMPs shall be installed at boring sites and trench locations.
• Ground conditions in the ROW’s shall be returned to original preconstruction
condition(s) or better.
• No open trenches shall be allowed. Directional boring shall be used in sensitive areas,
such as under roads, in proximity to trees, on finished lots, etc.
6. Project Completion, Punch List Walk, & As Built
• The applicant shall provide as-built drawings of all installed lines depicting depths.
• Damage to any City’s infrastructure (storm, sewer, water, ditches etc. shall be the
responsibility of the permittee to repair to city standards at no cost to the city.
• Any damage that occurs needs to be reported to the city as soon as possible.
• Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and
to allow vehicles to exit the roadway during an emergency.
4 UR 24.15 C-Spire – November 4, 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 Ordinance (#1444)
• Staff Recommendation: Approval with Conditions of UR 24.15
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 technician 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.
UR 24.17 - 2 Hoffren Drive (C-Spire)
City of Fairhope
Planning Commission
November 4, 2024
GREENO RD SCOLEMAN AVE
MORPHY AVE
EDWARDS AVE
MICHIGAN AVE
HOFFREN DR
FAIRHOPE AVE
LOTTIE LNFOX RUNPLANTATION POINTE RD
PLANTATION
B
L
V
D
SADIE LN
HOSPITAL DRESTELLA ST
PROSPECT AVE
BISHOP RDLEE STMCCUE CIRGREENO RD NGRAND BLVDNATHANIEL AVEKENSINGTON CTBALDWIN SQ SHOP CTRECOR ROUGE PL SHOP CTRHOFFREN DRTROYER CT
FAIRHOPE AVE
SUMAC CIRFOX RUNSADIE LNHOFFREN DRBISHOP RDMCCUE CIRCOURTHOUSE DR
Road
Install Area
Parcel
B-1 Local Shopping District
B-2 General Business District
B-4 Business and Professional District
PUD - Planned Unit Development
R-1 Low Density Single-Family Residential District
R-2 Medium Density Single-Family Residential
District
R-3 High Density Single-Family Residential District
R-3 PGH High Density Single-Family Patio/Garden
Home Residential District
R-4 Low Density Multi-Family Residential District
R-5 High Density Dwelling Residential District
RA - Residential/Agriculture District
Project Name:
2 Hoffren Drive (C-Spire)
Site Data:
7,672 Linear Feet
Project Type:
Directional Bore Fiber Installation
Jurisdiction:
Fairhope Planning Jurisdiction
Zoning District:
R-3
PPIN Number:
N/A
General Location:
East side of Greeno Road, South side of
Fairhope Avenue
Surveyor of Record:
C-Spire
Engineer of Record:
C-Spire
Owner / Developer:
C-Spire
School District:
Fairhope Elementary School
Fairhope Middle and High Schools
Recommendation:
Approved w/ Conditions
Prepared by:
Chris Ambron
µ
µ
1 UR 24.17 C-Spire – November 4, 2024
Summary of Request: Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed
installation of approximately 7,672 ft directional bore buried fiber along routes outlined on the below
location map.
2 UR 24.17 C-Spire – November 4, 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 please contact Right of Way inspector for restoration.
• If sidewalk panels need to be removed, the subgrade must be compacted to the
satisfaction of the ROW inspector. Cold patch asphalt shall be used as a temporary
walking surface until the permanent repair can be done.
• Sidewalk panels shall be a minimum of 4000 psi and be inspected within 24 hours of
pouring concrete. Anything over one sidewalk panel shall be poured via concrete truck
(no bag mix allowed).
3 UR 24.17 C-Spire – November 4, 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 prior to earth work.
• Trees shall not be negatively impacted.
• Consultation with the City’s horticulturalist, to determine if the required depth of bore
must be increased so that no trees are impacted by the project. The contractor is
responsible for any damaged trees.
• Any work done within the critical root zone shall be done to meet or exceed Internal
Society Arboriculture (ISA) standards.
• All roots to be removed shall be severed cleanly at the perimeter of the protected
radius.
• Protective barriers shall be used for all trees, barricades shall be erected a minimum of
20’ from the trunk.
5. Erosion Control
• Any ROW cuts shall be stabilized (covered) at the end of each day & disturbed areas
shall be re-vegetated with sod within ten (10) days of completion of the project. Sod
shall be watered to ensure survival.
• Any excess soil shall be removed and disposed of properly. Dumping on private
property without approval will not be tolerated.
• Mulch / seed shall only be acceptable as temporary cover.
• Inlets shall be protected. BMPs shall be placed at all affected storm inlets.
• If the site is within 100' of a critical area (wetland, etc.), red soil/clay shall not be
allowed as fill material, per the City’s Red Clay/Soil Ordinance.
• BMPs shall be installed at boring sites and trench locations.
• Ground conditions in the ROW’s shall be returned to original preconstruction
condition(s) or better.
• No open trenches shall be allowed. Directional boring shall be used in sensitive areas,
such as under roads, in proximity to trees, on finished lots, etc.
6. Project Completion, Punch List Walk, & As Built
• The applicant shall provide as-built drawings of all installed lines depicting depths.
• Damage to any City’s infrastructure (storm, sewer, water, ditches etc. shall be the
responsibility of the permittee to repair to city standards at no cost to the city.
• Any damage that occurs needs to be reported to the city as soon as possible.
• Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and
to allow vehicles to exit the roadway during an emergency.
4 UR 24.17 C-Spire – November 4, 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 Ordinance (#1444)
• Staff Recommendation: Approval with Conditions of UR 24.17
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 technician 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.
UR 24.18 - 845 Summer Lake (C-Spire)
City of Fairhope
Planning Commission
November 4, 2024
MANLEY RD BOOTHE RDCHET AVE
COUNTY RD 13BONHAM LN
TWIN BEECH RD
GALE ROWE LN
ELI STDARRAH STAIDAN STMANN LNFOUNDERS DRROCKWELL LN SUMMER LAKE STCOUNTY RD 13MANLEY RD
CHET AVEGALE ROWE LNMANN LNTWIN BEECH RD
ELI STDARRAH STAIDAN STFOUNDERS DRROCKWELL LN SUMMER LAKE STRoad
Parcel
PUD - Planned Unit Development
R-1 Low Density Single-Family Residential District
R-2 Medium Density Single-Family Residential
District
R-3 High Density Single-Family Residential District
Install Area
Project Name:
845 Summer Lake (C-Spire)
Site Data:
8,606 Linear Feet
Project Type:
Directional Bore Fiber Installation
Jurisdiction:
Fairhope Planning Jurisdiction
Zoning District:
R-1
PPIN Number:
N/A
General Location:
East side of Greeno Road, South side of
Twin Beech Road
Surveyor of Record:
C-Spire
Engineer of Record:
C-Spire
Owner / Developer:
C-Spire
School District:
Fairhope Elementary School
Fairhope Middle and High Schools
Recommendation:
Approved w/ Conditions
Prepared by:
Chris Ambron
µ
µ
1 UR 24.18 C-Spire – November 4, 2024
Summary of Request: Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed
installation of approximately 8,606 ft directional bore buried fiber along routes outlined on the below
location map.
2 UR 24.18 C-Spire – November 4, 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 please contact Right of Way inspector for restoration.
• If sidewalk panels need to be removed, the subgrade must be compacted to the
satisfaction of the ROW inspector. Cold patch asphalt shall be used as a temporary
walking surface until the permanent repair can be done.
• Sidewalk panels shall be a minimum of 4000 psi and be inspected within 24 hours of
pouring concrete. Anything over one sidewalk panel shall be poured via concrete truck
(no bag mix allowed).
3 UR 24.18 C-Spire – November 4, 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 prior to earth work.
• Trees shall not be negatively impacted.
• Consultation with the City’s horticulturalist, to determine if the required depth of bore
must be increased so that no trees are impacted by the project. The contractor is
responsible for any damaged trees.
• Any work done within the critical root zone shall be done to meet or exceed Internal
Society Arboriculture (ISA) standards.
• All roots to be removed shall be severed cleanly at the perimeter of the protected
radius.
• Protective barriers shall be used for all trees, barricades shall be erected a minimum of
20’ from the trunk.
5. Erosion Control
• Any ROW cuts shall be stabilized (covered) at the end of each day & disturbed areas
shall be re-vegetated with sod within ten (10) days of completion of the project. Sod
shall be watered to ensure survival.
• Any excess soil shall be removed and disposed of properly. Dumping on private
property without approval will not be tolerated.
• Mulch / seed shall only be acceptable as temporary cover.
• Inlets shall be protected. BMPs shall be placed at all affected storm inlets.
• If the site is within 100' of a critical area (wetland, etc.), red soil/clay shall not be
allowed as fill material, per the City’s Red Clay/Soil Ordinance.
• BMPs shall be installed at boring sites and trench locations.
• Ground conditions in the ROW’s shall be returned to original preconstruction
condition(s) or better.
• No open trenches shall be allowed. Directional boring shall be used in sensitive areas,
such as under roads, in proximity to trees, on finished lots, etc.
6. Project Completion, Punch List Walk, & As Built
• The applicant shall provide as-built drawings of all installed lines depicting depths.
• Damage to any City’s infrastructure (storm, sewer, water, ditches etc. shall be the
responsibility of the permittee to repair to city standards at no cost to the city.
• Any damage that occurs needs to be reported to the city as soon as possible.
• Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and
to allow vehicles to exit the roadway during an emergency.
4 UR 24.18 C-Spire – November 4, 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 Ordinance (#1444)
• Staff Recommendation: Approval with Conditions of UR 24.18
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 technician 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.
SR 24.05 - Encounter House Relocation
City of Fairhope
Planning Commission
November 4, 2024
STATE HWY 104 STATE HWY 181GALLERY BLVDHOLLOWBROOK AVE STATE HWY 181BUSHEL DRSTATE HWY 104BUSHEL DRRoad
Parcel
B-2 General Business District
PUD - Planned Unit Development
R-1 Low Density Single-Family Residential District
µ
µ
Project Name:
Encounter House Relocation
Site Data:
1.02 acres
Project Type:
Site Plan Approval
Jurisdiction:
Fairhope Planning Jurisdiction
Zoning District:
B-2
PPIN Number:
627501
General Location:
North of State Highway 104, East of
State Highway 181
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:
Michelle Melton
Oocusign Envelope ID: 60D1FBA9-FE99-4F55-97BE-48C833D607FA
• Proposed number of parking spaces/ required number of parking spaces
• Percentage of proposed Green-space
Aerial Photograph with Site Plan and topographic lines overlaid
Utility P lans
Loading/unloading space (if applicable)
Drive-up window locations (if applicable)
Total number of Proposed Buildings, Proposed Uses and the Square Footages of each
Phasjng Schedule for Projects being developed ov er an extended per iod of time
Location, materials, and elevations of any and all fences and/or wa ll s.
Location of mechanical equipment (mechanical equipment shall be screened)
Flow Modeling
Plans submitted shall include but not be limited to:
• Name of Project
• Date of preparation, including all revision dates
• Appropriate Scale
• North Arrow
• Preparer's Name, Phone Number and Fax Number
• Name of Owner
Compliance with the City·s Comprehensive Plan and the standards, goals and intent
of the Fairhope Zoning Ordmance
All signage requires a sign permit
All Applicable Outside Agency Permits (e.g . ALDOT, ADEM, COE, etc.)
Pl e ase no te that thi s doc umen1 o nly a pr,li cs to rro pcrtic s wirhin th <: C ity or Fairhop~.
1 SR 24.05 Encounter House Relocation (Lot 11) Site Plan –November 4, 2024
Summary of Request:
Request of Applicant, JADE Consulting, LLC (“JADE”), on behalf of owner, Encounter Development, LLC, for Site
Plan Approval to relocate the Close Encounters house from Lot 6 to Lot 11 of the Encounter Commercial Retail
Center on the northeast corner of the Alabama Highways 104 and 181 intersection. Trey Jinright, III, PE, is the
authorized agent and engineer for the project. The subject property is a little more than an acre (1.02) and is
zoned B-2. The existing building is 2,160sf.
Setbacks: Setbacks for this development vary. B-2 requires only a 20ft front setback according to Table 3 -2.
Lot 11 fronts Encounter Drive, which has a 20ft setback. The other setbacks are 20ft rear and 10ft side
setbacks.
Building: Building height for the two-story structure is estimated at 25ft. The building takes up 3% of Lot 11.
Proposed use is office space. All elevations are included in the packet. Existing east elevation is shown in Figure
1. Materials for the building are brick/stucco with stone columns. The building was a prominent set in the
1977 film Close Encounters of the Third Kind starring Richard Dreyfess and Teri Garr. See Figure 4.
2 SR 24.05 Encounter House Relocation (Lot 11) Site Plan –November 4, 2024
Figure 2. Existing Conditions on Lot 6. Figure 3: Movie Poster
Site Plan
3 SR 24.05 Encounter House Relocation (Lot 11) Site Plan –November 4, 2024
Figure4: Still from the movie “Close Encounters of the Third Kind” (Spielberg 1977).
Figure 5 . Architectural Elevations
Sidewalks: This Site Plan includes interior sidewalks on the site and a sidewalk on Encounter Drive.
Mechanical equipment: Mechanical equipment has been finalized and all appear on the Site Plan.
Storm water: Drainage has been accounted for the entire Encounter Commercial Retail Center in SD 24.13;
thus, there are not retention/detention facilities on individual lots. There is a large retention pond within Lot
12 of the Encounter development where drainage from the lot is directed.
4 SR 24.05 Encounter House Relocation (Lot 11) Site Plan –November 4, 2024
Landscaping Plan: The landscape plan submitted is acceptable. Applicant is preserving four (4) trees. A nuttal
oak tree will be removed and replanted on site.
Parking: The plan has surplus parking with 10 spaces. Eight (8) spaces are required per Table 4-3
Parking Schedule. Twenty percent (20% ) overage is allowed and shall be pervious. Parking meets the
requirements of Zoning Ordinance, as well as the perimeter landscape screening requirements of the
Tree Ordinance.
Locations, intensity, and heights of exterior lights: A photometric plan was submitted and is included as an
attachment. The first draft had light poles that were too high at 18ft; whereas, parking lots with 50 or fewer
spaces shall have light poles that do not exceed 10ft overall height pursuant to Article IV, Section B(3) of the
Zoning Ordinance. Applicant has modified the lighting to satisfy the ordinance.
Dumpster location and screening: Garbage is collected in a screened can storage area located on north side
of the building. The dumpsters are surrounded by a Sweetbay Magnolia and camelias.
Location and size of all signage: A sign plan was not submitted. Signs require a separate permit and will be
reviewed at that time for compliance with the Sign Ordinance.
Erosion control: An Erosion Control plan was submitted with the application and is acceptable.
Surplus parking spaces are gravel
(permeable surface).
5 SR 24.05 Encounter House Relocation (Lot 11) Site Plan –November 4, 2024
Utilities: A utility plan was submitted and has been reviewed and approved by the appropriate providers.
ADA Requirements: ADA requirements have been met.
Traffic: A thorough traffic study was conducted for the entire Encounter development and the road
infrastructure was designed in accordance with the recommendations from the traffic study. The Cover Sheet
for the subject property has the speed limit posted as 30 mph; however, the speed limit within the commercial
retail center is actually 20 mph, which is consistent with the residential developments to the north. Shared
driveways are encouraged and will be required as build-out continues.
Article II, Section C.2.d. (Site Plan Review Criteria)
Criteria – The application shall be reviewed based on the following criteria:
(1) Compliance with the Comprehensive Plan; The previous Comprehensive Plan put a Commercial Node
at the AL Hwys 181 and 104 intersection. The Encounter Commercial Retail Center is located in a
newly recognized Suburban Mixed-Use Center in the proposed Comprehensive Plan.
(2) Compliance with any other approved planning documents; Meets
(3) Compliance with the standards, goals, and intent of this ordinance and applicable zoning districts; Meets
(4) Compliance with other laws and regulations of the City; Meets
(5) Compliance with other applicable laws and regulations of other jurisdictions; Meets
(6) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and
property values; Meets. Lot 11 is isolated on the northern boundary of Encounter Drive and the use as
office space should have little impact(s).
(7) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical
impacts, and property values; Property is zoned B-2. The larger development site does abut to
conflicting uses. There is a residential district directly to the north of the development NOT Lot 11.
Proper buffers are included in the plans to mitigate the conflicting land uses.
(8) Overall benefit to the community; Meets. There are a lot of residential units being built in the
immediate surrounding area, especially to the north. A commercial retail center with a variety of
retail/restaurant/office/commercial units will be a benefit to the residential subdivisions.
(9) Compliance with sound planning principles; Meets. The general location has been designated a
commercial node in the past and future comprehensive plans. Connectivity with other developments
has been included.
(10) Compliance with the terms and conditions of any zoning approval; Meets
(11) Any other matter relating to the health, safety, and welfare of the community; Nothing noted
(12) Property boundaries with dimensions and setback lines; Meets
(13) Location of proposed buildings and structures indicating sizes in square feet; Meets
(14) Data to show percentage of lot covered with existing and proposed buildings; Meets
(15) Elevations indicating exterior materials;
Front, side, and rear elevations were provided with the building materials.
(16) The locations, intensity, and height of exterior lights; Meets
(17) The locations of mechanical equipment; All relevant requirements are met.
(18) Outside storage and/or display; Meets
(19) Drive-up window locations (must be away from residential uses/districts and not in front of building);
n/a
(20) Curb-cut detail and location(s);
Provided.
6 SR 24.05 Encounter House Relocation (Lot 11) Site Plan –November 4, 2024
(21) Parking, loading, and maneuvering areas;
Meets.
(22) Landscaping plan in accordance with the City Landscape Ordinance; Meets
(23) Location, materials, and elevation of any and all fences and/or walls; n/a
(24) Dumpster location and screening; and
Meets
(25) Location and size of all signage. A signage plan was not submitted.
Recommendation:
Staff recommends approval of case SR 24.05 Encounter House Relocation to Lot 11 in the Encounter
Commercial Retail Center.
~at&t
December 16, 2022
Sherry Ruth
Jade Consulting, LLC
AT&T Alabama
2155 Old Shell Rd
Mobile, AL 36607
www.att.com
T: 251.471.8361
F: 251.471.0410
w.mitchell@att.com
RE: Service Availability-WAWA Food Mart-State Hwy 181 & AL Hwy 104
Dear Ms. Ruth,
This letter is in response to your request for information on the availability of service at the
above location by AT&T.
This letter acknowledges that the above referenced property is located in an area served by
AT&T. Any service arrangements for this location will be subject to later discussions and
agreements between the developer and AT&T. Please be advised that this letter is not a
commitment by AT&T to provide service to this location.
Please contact me at the phone number included in this letter w ith any questions.
Thank you for contacting AT&T.
Sincerely,
Wade Mitchell
Manager, OSP Planning and Design
AT&T Alabama
2155 Old Shell Rd
Mobile, Alabama 36607
Gulf District/ Mobile Office
USA
{<%) Proud Sponsor of the U.S. Olympic Team
STATE OF ALABAMA
DOMESTIC LIMITED LIABILITY COMP ANY (LLC)
CERTIFICATE OF FORMATION
PURPOSE: In order to form a Limited Liability Company (LLC ) under Section 10A-5A-2.01 of the Co de of A lab ama
19 75, this Certificate of Formation and the appropriate filing fee s must be filed with the Office of the Secretary of
St a te. The information required in this form is required by Title l0A.
1. The name of the limi t ed liability company (must contain the words "Limited Liability Company" or the abbrevi ation
"L.L.C." or "LLC," and comply w ith Code of Alabama , Section l0A-1-5 .06. You may use Professional or
Serie s before Limited Liability Company or LLC ( or PL LC or SLLC) if they apply:
Encounter Development , LLC
2. A copy of the Name Reservation Certificate from the Office of the Secretary of State must be attached.
3. The name of the registered agent ( only one agent): Corporation Service Company -----------------------
Street (no PO Boxes) address of regi stered office (must be located in Alabaina):
22 148 State Hwy. 181 Fairhope , A L 36526
BALDWIN *COUNTY of above address:
Mailing address in Alabama of regi stered office (if different from street addre ss): ___________ _
641 South Lawrence Street Montgomery, AL 36104 MONTGOM ERY
4. The undersigned certify that there is at least one member of the limited liability company.
LLC Cert of Formation -11/2021 Page 1 of 2
(For SOS Office Use Only)
Al abama
Sec . Of State
001-015-602 DLL
Date
Time
File
County
Total
04/20/2022
1 2 :48 :00
$100 .00
$100 .00
$200 .00
□
DOMESTIC LIMITED LIABILITY COMPANY (LLC) CERTIFICATE OF FORMATIO
5. Check only if the type applies to the Limited Liability Company being formed:
Q Series LLC complying with Title 1 0A, Chapter 5A , Article 11
_Q Professional LLC complying with Title 1 0A, Chapter 5A, Article 8
_Q Non-Profit LLC complying with Section 10A-5A-l.04(c)
6. The filing of the limited liability company is effective immediately on the date received by the office of the Secretary
of State, Business Services Division or at the delayed filing date (cannot be prior to the filing date) specified in
this filing complying with Section 1 0A-1-4.12
The undersigned specify 4 / 20 / 2022 as the effective date (must be on or after the date filed in the
office of the Secretary of State, but no la ter than the 90th day after the date this instrument was signed and the time
of filing to be 0 : 46 0 AM or@ PM. (cannot be noon or midnight-12:00)
_O_ Attached are any other matters the members determine to include herein (if this item is checked there must be
attachments with the filing).
4 t 20 I 2022
Date (MM/DDNYYY)
Clyde E. Ellis
Signature as required by 10A-5A -2 .04
Organizer
Typed title ( organizer or attorney-in-fact)
*County of Registered Agent is requested in order to determine dis tribut ion of County fi ling fees.
LLC Cert of Formation-1 1/2021 Page 2 of 2
SD 24.23 - Rockwell Place
City of Fairhope
Planning Commission
November 4, 2024
STATE HWY 104
SAND BAR LN
STATE HWY 181STATE HWY 181BUSH
E
L
D
R
BUSHEL DRSTATE HWY 181STATE HWY 181BUSH
E
L
D
R
Road
Parcel
B-2 General Business District
PUD - Planned Unit Development
R-1 Low Density Single-Family Residential District
µ
µ
Project Name:
Rockwell Place
Site Data:
20.91 acres
Project Type:
252 - Unit Multiple Occupancy Project
Jurisdiction:
Fairhope Planning Jurisdiction
Zoning District:
N/A
PPIN Number:
14535
General Location:
North of State Highway 104, East of
State Highway 181
Surveyor of Record:
Sawgrass Consulting LLC
Engineer of Record:
Sawgrass Consulting LLC
Owner / Developer:
Rockwell LLC
School District:
Fairhope Elementary School
Fairhope Middle and High Schools
Recommendation:
Approved w/ Conditions
Prepared by:
Mike Jeffries
1 SD 24.23 Rockwell Apartments MOP – November 4, 2024
Summary of Request:
The Applicant, Sawgrass Consulting, LLC, on behalf of the Owner, Rockwell, LLC, is requesting Final Plat
approval of Rockwell Place, a 252-lot multiple occupancy project. The property is approximately 20.91 acres
and is located on the east side of State Highway 181, south of Harvest Green East Subdivision and across from
The Waters Subdivision.
Comments:
The major infrastructure has been installed and completed except for the private access drive within the
development. Attached is a proposed phasing plan that includes projected completion dates. Staff will
review the completion of each phase prior to the release of the Certificate of Occupancy for the building
included in the phase. The entrance on the north side will remain open for construction traffic and the main
entrance will be limited to residents. Construction fencing will be relocated as shown in the phasing plan as
the phasing is completed to separate public space from construction.
- Utilities: All utilities are to remain private inside the development and any maintenance will be the
responsibility of the owner or POA/HOA..
o Water – A master meter was installed for the entire development.
o Sewer – Private sewer gravity feeds from the units to a lift station that will be accepted by Fairhope
Utilities and maintain a force main extends down the southern property line to the ROW’s.
The land where the lift station is on will be dedicated to the City of Fairhope.
o Power – Provided by Riviera Utilities
o Gas – Not requested
o Communications – AT&T
o Trash pickup will be provided by Waste Management via a trash dumpster located near the
secondary entrance.
During the completion of vertical construction a valet trash service will be provided that
includes daily garbage pick up at the front door of each rental unit. Access to the permanent
dumpster location will be available after the completion of phase 7.
- Traffic: The turn lane warranted by the traffic study has been installed. ALDOT holds a performance bond
for the improvements including the installation of the traffic light.
Staff Recommendation of Case SD 24.23 Rockwell Apartments:
Staff recommends approval with the following conditions.
1. The area for the lift station shall be a deeded lot to the City of Fairhope.
2. Staff shall approve each phase, buildings and final site work, prior to issuance of any Certificate of
Occupancy for individual buildings
3. The Final MOP plat shall be signed and recorded after completion of the last phase. Staff will coordinate
appropriate signature blocks and notes.
4. Upon completion of Phase 8, Staff will perform a Final Inspection of the Public Improvements prior to
submitting an Acceptance Resolution to the Fairhope City Council.
5. A letter confirming all onsite Sewer, Water, and drives are to remain privately maintained and is not the
responsibility of the City of Fairhope or Baldwin County signed by the development owner.
6. A complete As-Built set, and GIS shapefiles shall be provided as part of the close out of the final phase.
Date 01/30/2023 Engineer Stephen Tirador
Name And Address
ELE34427
Rockwell Place Phase 1
This invoice covers the Aide-To-Construction for the underground services to :
1 Aid-to-Construction $246,399 .99
Ft. of 200A U/G Secondary Service $0.00
Ft. of 400A U/G Secondary Service $0.00
# Utility Crossing@ $100.00 ea . $0.00
37 # of Decorative Lights $37,000.00
0 # of lots for new subdivision $0.00
Misc. Cost
Total of all charges due: $283 ,399.99
RESOLUTION NO. 2024-02
A RESOLUTION TO AMEND AND UPDATE
THE CITY OF FAIRHOPE COMPREHENSIVE PLAN
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Fairhope Planning Commission (the “Planning Commission”) has
previously been organized by the City Council of the City of Fairhope, Alabama (the “City”)
pursuant to Section 11-52-2 of the Alabama Code (1975);
WHEREAS, the Comprehensive Plan for the City of Fairhope (the “Plan”) provides for updates
every five years;
WHEREAS, the Planning Commission has engaged the public in order to extract concerns, goals,
objectives, and vision that the community held to be important for purposes of updating the Plan;
WHEREAS, the Planning Commission held a public hearing in November 2024 regarding the
Plan and adopted certain updates to the Plan at that meeting;
NOW THEREFORE, BE IT RESOLVED THAT, the Planning Commission hereby confirms
and ratifies its adoption of the Plan in the form attached hereto as Exhibit “A”, which Plan was
approved at the Planning Commission meeting in November 2024. Upon adoption of this
resolution and execution hereof by the Chairman of the Commission, this resolution shall be
delivered to the City Clerk of the City to be kept with the original records of the Planning
Commission.
EFFECTIVE DATE: This amendment shall be in full force and effect upon its due adoption and
certification as provided by law.
Adopted this __ _ Day of _ _, 2024.
_____________________________
Lee Turner, Chairman
Attest:
_____________________________
Cindy Beaudreau, Planning Clerk
Exhibit "A" is too large to include in this document but can be viewed on the
City of Fairhope website.