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ORDINANCE NO. 1765
AN ORDINANCE AMENDING ORDINANCE NO. 1253
KNOWN AS THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as
follows :
The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, together with
the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in
respect to that certain property descri bed below :
After the appropriate public notice and hearing , the Planning Commission of the City of
Fairhope, Alabama has forwarded a favorable recommendation,
The property ofRW Battles, LLC, is generally located at the northwest comer of Greeno Road
and Old Battles Road in Fairhope, Alabama.
PPIN # 17515, 391379, 391372, 391373, 391374, 391375, 391376
Legal Description: (Case number ZC 22.09)
LOTS 1, 2, 3,4, 5, 7 & 9,RWBATTLESLLC REPLAT,AMENDEDPLAT,ASRECORDEDON
SLIDES 2785 A-C OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE,
BALDWIN COUNTY, ALABAMA;
A map of the property to be rezoned is attached as Exhibit A .
The property is hereby initially zoned B-2, General Business District, concurrent with
annexation into the City of Fairhope. This property shall hereafter be lawful to construct on
such property any structures permitted by Ordinance No. 1253 and to use said premises for any
use permitted or building sought to be erected on said property shall be in compliance with the
building laws of the City of Fairhope and that any structure shall be approved by the Building
Official of the City of Fairhope and that any structure be erected only in compliance with such
laws, including the requirements of Ordinance No . 1253.
Severability Clause -if any part, section or subdivision of this ordinance shall be held
unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or
impair the remainder of this ordinance, which shall continue in full force and effect
notwithstanding such holding.
Effective Date -This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
ADOPTED AND APPROVED THIS 12TH DAY OF DECEMBER, 2022
, Council President
Attest:
By~-
City erk
ADOPTED AND APPROVED THIS 12TH DAY OF DECEMBER, 2022
Ex hibit A: The Property of RW Battles , LLC .
Conditional Annexation to B-2
(ZC 22 .09)
City of Fairhope
City Council
November 28, 2022
d • • • I f ZC 22 09
ZC 22.09 Shoppes at Point Clear
Project Name:
Shoppes at Point Clear
Site Data:
21 .18 Acres
Project Type:
Cond. Annexation w/ Rezon i ng to B-2
Jurisdiction:
Fairhope Planning Jurisdiction
Zoning District:
Unzoned
PPIN Number:
17515,391379,391372 ,391373 ,391374,
391375,391376
General Location:
Northwest corner of Greeno Road and
Old Battles Road
Surveyor of Record:
Engineer of Record:
Trey Jinright, Jade Consulting
Owner/ Developer:
RW Battles, LLC
School District:
Fairhope Elementary School
Fairhope Middle and High Schools
Recommendation:
Approval
Prepared by:
Hunter Simmons
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Page 4of6
APPLICATION FOR ZONING DISTRICT CHANGE
Property Owner / Leaseholder Information
Name: RW Battles , LLC Phone Number: 334-481-0510 -----------Street Address: _4_1e_s_cott_s_I_. ______________________ _
City: Montgomery State: _AL __ _ Zip: _36_1_06 _______ _
Applicant / Agent Information
If dul'crent from above
Notanzcd letter from property owner 1s required 1f an agent 1s used for representation
Name: JADE Consulting . LLC Phone Number: _25_1_·9_2_8-_344_3 ______ _
Street Address: 208 N. Greeno Rd .• Ste c
City: Fairhope State: AL Zip: _36_5_32 _______ _
Current Zoning of Property: _c_o_un...:.tyc....U_nz_o_n_ed ________________ _
Proposed Zoning/Use of the Property: _a_-2 _____________ _
Property Address: 1a 1sJ 1111ss, 1111s1, 111 159 18161 , 18 163, 18165, 18161 1a16s. 18111 . 111113, 18 115, 18 1rr. 1111111wr1g111 B1Yc1
Parcel Number: ;;;.;:;;;;}-.aoa.--.D10. ___ .c,, __ .111, --.1 111
Property Legal Description: _s_ee_en_c_losed _________________ _
Reason for Zoning Change: The 18810n lotzonlngchango l I018questlntlal zoning allerproposedanneullondlhe property
This property Is c:urrenlly 'Bllldwin County Un.umed' & lho lntu.l zonlng ,equesled Is 82 lo alow tor develcpmenl of Publbl Grocery & 18,800 sf d new l8laiffl
Property Map Attached
Metes and Bounds Description Attached
Names and Address of all Real Property Owners
within 300 Feet of Above Described Property Attached.
NO
NO
NO
Character of Improvements to the Property and Approximate Construction Date: ____ _
See attached Narrative
Zoning Fee Calculation:
Reference: Ordinance 1269
I certify that I am the property owner /leaseholder of the above described property and hereby
submit this application to the City for review . •If property is owned by Fairhope Single Tax
Corp. an. authorized Single Tax representative sh~~~applic:~
/1.h,,~ l J,c..1 _.,...._,c.~_,,,,l"---1---..;;;._...,----
~erty Owner/LeasciJlder Printed Name . · ature ~
Date Fairhope Single Tax Corp. (If Applicable)
Pqe 5 0£6
CERTIFICATION OF PROPERTY OWNER NOTIFICATION LIST
As Required by the City of Fairhope
Hearings on Zoning Change applications require notification to all property
owners within 300 feet of the property under consideration for the change.
This list must be the most current property owners' records available from the
Baldwin County Revenue Office.
By signing below, I ~ l ..., )·.~ , (applicant) do hereby certify that
the property owner list attached t; isapplication was obtained from the
Baldwin County Revenue Office and is a complete list of all real property
owners/lessees within 300 feet of the parcel submitted for consideration b y the
Pl ning & Z · g Commission.
Date of Application
Summary of Request:
Applicant, Jade Consulting LLC, acting on behalf of the Owner, RW Battles LLC, is requesting to establish an
initial zoning of B-2, General Business District, concurrent with conditional annexation into the City of
Fairhope . The property is approximately 21.18 acres and is located on the northwest corner of Greeno Road
and Old Battles Road .
Comments:
The subject property is currently outside the City of Fairhope 's municipal boundary and un -zoned. The subject
property lies within the City of Fairhope's permitting jurisdiction and a permit has been issued for the site.
Construction has begun on Publix and one outbuilding. The property to be annexed is generally located on
the map below. The property to north currently has an application for conditional annexation to B-2 as well.
The annexation of the northern property will make this property contiguous to Fairhope Corporate Limits.
This site is not within a commercial/village node within Fairhope's current Comprehensive Plan. However, the
City is currently in the process of updating its Comprehensive Plan and acknowledge the intersection of Greeno
Rd and Old Battles Rd development pattern change since the last update and will need to be considered a
future node at this intersection . If annexation and B-2 Zoning are approved , future uses for the outparcels
shall meet the Fairhope Zoning Ordinance requi r ements .
1 ZC 22 .09 Shoppes at Point Clea r -November 28 , 2022
The outparcels were created via an Administrative Replat (City)/Common Lot Line Exemption (County). The
Publix site received approval for a 16-unit Multiple Occupancy Project (Case SD 21.09) in 2021. Important to
note, this is a straight re -zoning request and does not include a site plan for intended uses.
Update: When this application was received the subject property was un-zoned, but within the City of
Fairhope Planning Jurisdiction. On July 19, 2022, the Baldwin County Commission enacted zoning for
Planning Districts 8 and 37. The subject property is now zoned B4 (Major Commercial District) as shown on
the map below.
.,
The Zoning Ordinance defines B-2 General Business District as follows:
"B-2 General Business District: This district is intended to provide opportunity for activities causing noise and heavy
traffic, not considered compatible in the more restrictive business district. These uses also serve a regional as well as a
local market and require location in proximity to major transportation routes. Recreational vehicle parks, very light
production and processing activities are included."
Criteria -The application shall be reviewed based on the following criteria:
(1) Compliance with the Comprehensive Plan;
Response:
2 ZC 22 .09 Shoppes at Point Clear -November 28, 2022
Meets
{2} Compliance with the standards, goals, and intent of this ordinance;
Response: Staff is appreciative of the application, which intends to annex into the City of Fairhope and fall
under the City's development guidelines .
(3) The character of the surrounding property, including any pending development activity;
Response: Meets
(4) Adequacy of public infrastructure to support the proposed development;
Response: This is a re -zoning request, without a Site Plan review. The subject property lies within the City's
permitting jurisdiction . Site Construction has begun on the approved Multiple Occupancy Project .
(SJ Impacts on natural resources, including existing conditions and ongoing post-development conditions;
Response: Construction was permitted through the City of Fairhope .
(6) Compliance with other laws and regulations of the City;
Response: At the time of any redevelopment all applicable laws of the City will be applied . If granted, any use
within B-2 zoning will be allowed 'by right '.
(7) Compliance with other applicable laws and regulations of other jurisdictions;
Response: At the time of a redevelopment all applicable laws will be applied.
{8} Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and
property values; and,
Response: Prior to application for annexation and rezoning, the subject property was reviewed as a Multiple
Occupancy Project for Lot 5. That review considered the above -mentioned impacts. Future development on
outparcels may require further reviews, depending on the projects proposed on those parcels .
(9) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical
impacts, and property values.
Response: Staff does not anticipate any significant issues relating to this criterion.
Recommendation:
Staff recommends 22.09 Shoppes at Point Clear be approved for conditional annexation, with initial zoning
of B-2 General Business District, with the following condition :
1. Case ZC 22 .11 shall be approved by City Council , or lot lines adjusted, to ensure subject
prope r ty is contiguous to Fairhope Corporate Limits .
3 ZZC 22 .09 Shoppes at Point Clear -November 28, 2022
July 6, 2022
Mayor Sherry Sullivan
City of Fairhope
555 South Section Street
Fairhope , AL 36533
RW BATTLES, LLC
418 Scott St.,
Montgomery, AL 36106
Re : Shops at Point Clear, Fairhope , AL
Dear Mayor Sullivan :
RW Battles , LLC is the corporate entity which is developing the 21-acre project
known as the Shops at Point Clear. This development is located on the NWC of U.S .
98 (Greeno Road) and Old Battles Road. The Shops at Point Clear will consist of a new
48 ,387 square foot Publix Grocery Store as well as 18 ,800 square feet of new retailers
and five (5) new outparcels. This is a development that should be very convenient to
those living in the Point Clear area of Fairhope.
Construction has been underway at the site since the Spring of 2021 , and the
project should open in October 2022. RW Battles , LLC is excited to bring this new re tail
project online for all those customers who were not served by a development such as
this in the area . Some developers build a project and then sell it when it opens.
However, RW Battles , LLC plans on keeping this project for years to come , and to
operate it efficiently and maintain it as a Class-A center.
A lot of money is being spent on landscaping this project. It should be a very
attractive landscaping area of Fa irhope. Many trees have been kept in different areas
of the site and coupled with the new landscaping , the Shops at Point Clear should stand
out to the citizens of Fairhope.
Sincerely ,
RW Battles , LLC
Revised 06/2006
CITY OF FAIRHOPE
P.O. DRAWER 429
FAIRHOPE, AL 36533
251/928-2136
PETITION FOR ANNEXATION
STA TE OF ALABAMA )(
COUNTY OF BALDWIN )(
We, the undersigned PETITIONER(S), owner(s) of the lands in fee simple described in the
attached EXHIBIT A, such property being without the Corporate Limits of the City of Fairhope,
Alabama, but being contiguous to the said Corporate Limits; and such property not lying within
the corporate limits or police jurisdiction of any other municipality, do, by these presents, hereby
petition the City ofFairhope, a municipal corporation, that said property be annexed into the City
of Fairhope, Alabama.
The subject land is delineated on the map attached hereto as EXHIBIT B .
This petition is filed under authority of Section 11-42-21, Code of Alabama, 1975, as amended.
D This petition is for R-1 Zoning
!✓! The condition of the Petition is that zoning be established as_B_-_2 _____ _
Concurrent with Annexation. (Zoning Request)
Is this property colony property __ Yes Jll_No. If this property is colony
property the Fairhope Single Tax Office must sign as a petitioner.
Print petitioner's name
Signature of Petitioner Print petitioner's name
Physical Address of property being annexed: 18125 WRIGHT BL VD
Petitioner's CWTent Physical Address: Petitioner's Current Mailing Address:
RWBattl es LLC
418 Scott St., Montgomery, AL 36106
Telephone Number(s): _________ 3_3_4_-4_8_1_-0_5_1_0 ____ _
Home Work
County Tax Parcel Number: ---------------------05-46-09•29-0-000-067.012. 05-46-09-29-0-000-067.000, 05-46-09-29-0-000.067.010, 0S-46-09-29-0-000-067 .014 ,
05-46-09-29.()..000-067 .011, 05-46-09'-29-0-000-067 .017, 05-46-09-29-0-000·067.013
Backroom:Uscrs :mray :Library:Mail :POP-
Revised 06/2006
U.S JUSTICE DEPARTMENT INFORMATION
0 Size of property (acres or square feet)._2_5_._o _a ___________ _
D If property is occupied, give number of housing units _O ________ _
D Number of Persons residing in each unit, and their race_O ________ _
D If property is unoccupied, give proposed use._M_O_P _________ _
0 If property is being developed as a subdivision, give subdivision name
D Number of lots within proposed subdivision ____________ _
[, N A., ~l,\,,+(~r a Notary Public in and for said State and County, hereby
certify that C!he ·, $" '6,liq;J:M/1 N whose name(s) is/are signed to the forgoing
Petition and who is /are known to me, this day appeared before me and, being first duly sworn,
acknowledge that he/sh they have voluntarily executed this Petition on this day same bears date.
Given under my Hand and Seal this ~ay of J , 20 ~.
Nancy A. Butler ~ a A ~/}I. m NOTARY PUBLIC M..-l'tff' · l.,/&~ ,~~ ~ Muscogee County, Georgia NotryP\lbli
\4.. f My Commission Explces
\'>~ MayS,2D2 5 My commission expires ~/,, 3-025
I, ____________ a Notary Public in and for said State and County, hereby
certify that ___________ whose name(s) islare signed to the forgoing
Petition and who is/are known to me, this day appeared before me and, being first duly sworn,
acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date .
Given under my Hand and Seal this __ day of _____ , 20 __ ,
(Seal)
Notary Public
My commission expires _______ _
I, ____________ a Notary Public in and for said State and County, hereby
certify that ___________ whose name(s) is/are signed to the forgoing
Petition and who is/are known to me, this day appeared before me and, being first duly sworn,
acknowledge that he/she/Jhey have voluntarily executed this Petition on this day same bears date
Given under my Hand and Seal this __ day of _____ , 20 __ ,
(Seal)
Notary Public
My commission expires _______ _
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July 23,2022
Ms. Casey Potts
Planner
City of Fairhope
555 S . Section Street
Fairhope , AL 36533
Re : Zoning Change, Greeno and Old Battles Roads Area
Dear Ms . Potts :
Thank you again for your assistance the other day. You provide excellent customer service . It is
our understanding the Planning Commission will be considering a zoning change on August 1,
2022 , for an area north of the Shoppes at Point Clear shopping center and east of the Old
Battles Village subdivision. The change will allow for high density residential development,
which potentially could mean the construction of apartment buildings . We also understand the
zoning change was approved by the Baldwin County Commissioners ; However, the zoning
change is within the extraterritorial area of Fairhope for zoning and planning purposes. Our
concerns are threefold :
1) Drainage. It is our understanding Truland Builders had to buy out the owners of five
homes on Craftsman Avenue that have their backyards abutting Point Clear Creek due
to flooding . We also understand that drainage issues on Point Clear Cree k are a poin t of
contention between the City of Fairhope and Baldwin County as to which entity bears
respons ibility for improvements . We suspect the construction of apartments and sizeable
parking lots with resulting increases in runoff will only exacerbate the drainage problem .
2) Traffic . We think most homeowners in Old Battles Village are looking forward to the
opening of the Shoppes at Point Clear. However, we are sure many of them have
concerns about traffic congestion on Old Battles Road and the intersection of Old Battles
and Greeno.
3) Property values . If the construction of high-density residences impacts drainage and
; traffic issues , it migh t impact property values adversely in Old Battles Village .
Thank you for sharing our concerns with the Planning Commission .
Sincerely ,
g WUJ and :Juditli 'l1@ticft
Terry and Judit h Ullrich
229 Garrison Blvd.
Fairhope , AL 36532
(504) 625-5809
tullri@bellsouth .net
STATE OF ALABAMA
COUNTY OF BALDWIN
LEGAL DESCRIPTION
LOTS 1, 2, 3, 4, 5, 7 & 9, RW BATTLES LLC REPLAT, AMENDED PLAT , AS RECORDED ON SLIDES 2785 A-C
OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE , BALDWIN COUNTY , ALABAMA;
STATE OF ALABAMA
DOMESTIC LIMITED LIABILITY COMPANY (LLC)
CERTIFICATE OF FORMATION
MONTGOMERY COUNTY, ALABAMA lJl
Probate Judge : 1---l
JC LOVE, III 0
Filed: 06/25/2020 04: 4 6 PM 1---l
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Total: $55 .00 3 PAGES (J'\
Certified Copy \.0
(FOR COUNIY PROBATE OFFICE USE ONLY)
1. THE NAME OF THE LIMITED LIABILITY COMPANY
RW Battles, L.L.C.
2. THIS FORM WAS PREPARED BY:
Ray W. Roark II
3. THE NAME AND STREET (NO PO BOXES) ADDRESS OF THE REGISTERED AGENT LOCATED AT THE REGISTERED OFFICE (MUST BE LOCATED
IN ALABAMA):
Ray W Roark 11
418 Scott Street
Montgomery , AL 36106
MONTGOMERY
MAILING ADDRESS IN ALABAMA OF REGISTERED OFFICE (IF DIFFERENT FROM STREET ADDRESS):
4 . THE UNDERSIGNED CERTIFY THAT THERE IS AT LEAST ONE MEMBER OF THE LIMITED LIABILITY COMPANY.
5. CHECK ONLY IF THE TYPE APPLIES TO THE LIMITED LIABILITY COMPANY BEING FORMED:
□ NON-PROFIT LLC
□ NON-PROFIT SERIES LLC
□ PROFESSIONAL SERIES LLC
□ PROFESSIONAL LLC COMPLY ING WITH TITLE 10A, CHAPTER 5A , ARTICLE 8 (FOR SOS OFFICE US E ONLY)
□ SERIES LLC COM PL YING WITH TITLE 1 0A, CHAPTER 5A , ARTICLE 11
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6. THE UNDERSIGNED SPECIFY 06/25/2020 16:41 :40 AS THE EFFECTIVE DATE AND THE TIME OF FILING
□ ATTACHED ARE ANY OTHER MATTERS THE MEMBERS DETERMINE TO IN C LUDE HEREIN
7 . ORGANIZER(S) -OPTIONAL
Not Appl icable
06/25/2020
DATE
Ray W Roark II Manager/Member
ELECTRON IC SIGNATURE & TITLE
John H. Merrill
Secretary of State
P .O . Box 5616
Montgomery, AL 36103-5616
STATE OF ALABAMA
I, John H. Merrill, Secretary of State of Alabama, having custody of the
Great and Principal Seal of said State, do hereby certify that
pursuant to the provisions of Title l0A, Chapter 1, Article 5, Code of Alabama
1975 , and upon an examination of the entity records on file in this office , the
following entity name is reserved as available:
RW Battles, L.L.C.
This name reservation is for the exclusive use of Ray W. Roark II, 418 Scott
Street , Montgomery , AL 36104-0000 for a period of one year beginning
September 05 , 2019 and expiring September 05, 2020
RES853686
In Testimony Whereof, I have hereunto set my
hand and affixed the Great Seal of the State, at the
Capitol, in the city of Montgomery, on this day.
September 05 , 2019
Date
John H. Merrill Secretary of State