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Home My WebLink About03-06-2025 Planning Commission Agenda PacketCityofFairhopePlanningCommissionAgenda5:00PMCouncilChambersMarch6,2025SherrySullivanI’iayorCouncillicrnbcrsKevin0.BooneJackBurrell,ACMOJimmyConyersCoreyMartinJayRobinsonLisaA.Flanks.MMCC1D’ClerkKimberlyCreechLiD’Treasurer161NorthSecdonStreetP0.Drawer42gFairhope,Alabama36533251-928-2136251-928-6776Faxwww.fairhopeal.govtedenreelc/capaver1.CalltoOrder2.ConsentAgendaApprovalofMinutes-February3,2025UR25.0i.RequestofAT&Tforan11.52.11UtilityReviewandapprovaloftheproposedinstallationofapproximately4,573LFofburiedfibercableat7549AssuntaCourtUR25.02RequestofAT&Tforan11.52.11UtilityReviewandapprovaloftheproposedinstallationofapproximately3,929LFofburiedfibercableat20485LowryDrive.UR25.03RequestofAT&Tforan11.52.11UtilityReviewandapprovaloftheproposedinstallationofapproximately3,953LFofburiedfibercableat200SpringLakeDrive.UR25.04RequestofAT&Tforan11.52.11UtilityReviewandapprovaloftheproposedinstallationofapproximately3,676LFofburiedfibercableat19755GreenoRoad.UR25.05RequestofAT&Tforan11.52.11UtilityReviewandapprovaloftheproposedinstallationofapproximately9,058LFofburiedfibercableat811MorphyAvenue.3.RegularAgendaOldBusinessA.SD25.04PublichearingtoconsidertherequestoftheApplicant,SawgrassConsulting,onbehalfoftheOwner,PCHHotelsandResorts/RSA,forpreliminaryplatapprovalofBattlesTracePhase9,an81-lotsubdivision.Thepropertyisapproximately22.4acresandiszonedTRTouristResortDistrict.ThepropertyislocatedonthenorthsideofBattlesRoad,ontheeastandwestsidesofColonyDrive.PPINS#:5499,20948,286294 SherrySullivanMayorCouncilMembersKevinG.BoonelackBurrell,ACMOJimmyConyerslayRobinsonLisaA.Hanks,MMCCityderkKimberlyCreechCityTreasurer161NorthSectionStreeP.O.Drawer429Fairhope,Alabama36533251.928.2136251-928-6776Faxwww.fairhopeal.govP,!i’jr&idrderr’-’CoreyMartinNewBusinessB.SR24.07RequestoftheApplicant,Overstreet&Assoc.,onbehalfoftheOwner,BonAventureToo,forSitePlanApprovalofStaggersMixed-UseProject.Thepropertyisapproximately0.20acresandiszonedB-2—GeneralBusinessDistrict.ThepropertyislocatedonMorphyAvenuewestofS.SchoolStreet.PPIN#:77834C.SD25.01.PublichearingtoconsidertherequestoftheApplicant,Overstreet&Assoc.,onbehalfoftheOwner,BonAventureToo,forStaggersMixed-UseProject,a3-unitMultipleOccupancyProject.Thepropertyisapproximately0.20acresandiszonedB-2—GeneralBusinessDistrict.ThepropertyislocatedonMorphyAvenuewestofS.SchoolStreet.PPIN#:77834D.ZC25.02PublichearingtoconsidertherequestoftheApplicant,S.E.Civil,onbehalfoftheOwner,RobertandReneeTaylorandFSTBlueIslandOwnersAssociation,toamendthePlannedUnitDevelopment,knownasHermitageCourt.Thepropertyisapproximately.36acresandislocatedat620HermitageCourt.PPIN#:226992E.Resolution2025-03PublichearingtoconsidertherequestoftheCityofFairhope’sPlanningandZoningDepartmenttoacceptResolution2025-03adoptingthetemporarysuspensionofconsiderationofcertainresidentialmultipleoccupancyprojectandsubdivisionapplicationsundertheCityofFairhopeSubdivisionRegulationsassetforthinOrdinance1823.4.Adjourn February 3, 2025 Planning Commission Minutes 1 The Planning Commission met Monday, February 3, 2025, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Lee Turner; Kevin Boone; John Worsham; Rebecca Bryant; Harry Kohler; Hollie MacKellar; Paul Fontenot; Erik Cortinas; Hunter Simmons, Planning and Zoning Director; Mike Jeffries, Development Services Manager; Michelle Melton, Planner; Chris Williams, City Attorney, and Cindy Beaudreau, Planning Clerk. Absent: None Chairman Turner called the meeting to order at 5:02 PM. Consent Agenda • Approval of the Minutes January 6, 2025 John Worsham made a motion to approve the minutes. Rebecca Bryant seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Kevin Boone; John Worsham; Rebecca Bryant; Harry Kohler; Hollie MacKellar; Paul Fontenot and Erik Cortinas NAY: None. • Reschedule March 3, 2025, 5pm meeting to March 6, 2025, at 5pm Erik Cortinas made a motion to approve the change in date. John Worsham seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Kevin Boone; John Worsham; Rebecca Bryant; Harry Kohler; Hollie MacKellar; Paul Fontenot and Erik Cortinas NAY: None. Old Business • No old business New Business A. SR 25.02 Request of the Applicant, Benjamin Cummings, acting on behalf of the Owner, Fairhope 9 LLC, for Site Plan Approval of Harvey and Thomas Orthodontist on property zoned B-2 General Business District. The property is located at the northeast corner of Highway 181 and Highway 104, Lot 9 and is approximately 1.0 acres. PPIN#: 627499 February 3, 2025 Planning Commission Minutes 2 Michelle Melton, City Planner, presented the request of the Applicant, Benjamin Cummings, acting on behalf of the Owner, Fairhope 9 LLC, for Site Plan Approval of Harvey and Thomas Orthodontist on property zoned B-2 General Business District. The property is located at the northeast corner of Highway 181 and Highway 104, Lot 9 and is approximately 1.0 acres. Ms. Melton shared the zoning and aerial maps. Staff recommends approval to the City Council of SR 25.02 with the following conditions: 1. Correct the highway construction setback off AL 104 to 100ft (not 125ft) on Site Data Table. 2. Update photometric plan with 10ft high lighting. 3. Add Slide No. “S 2963-A” to the Legal Description on Sheet C1.0. 4. Applicant shall attend a utility meeting with the City of Fairhope on February 6, 2025. Said meeting must take place prior to Site Plan going on City Council agenda. 5. Landscape Plan needs to be updated: • To reflect shrubs being 48 inches tall at time of planting • Additional shrub along Encounter Drive right of the entrance (looking to the North). • Additional overstory tree along Encounter Drive right of the entrance (looking North). Ben Cummings, Architect, agrees with staff conditions. May need more light poles when lowering to 10’ height. Also stated that he is not on the February 6, 2025, utility meeting. John Worsham made a motion to recommend approval of SR 25.02 to City Council with staff recommendations. Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Kevin Boone; John Worsham; Rebecca Bryant; Harry Kohler; Hollie MacKellar; Paul Fontenot and Erik Cortinas NAY: None. B. SR 25.03 Request of the Applicant, Chris Lieb, on behalf of the Owner, FST Encounter Development LLC, for Site Plan Approval of Foosackly’s. The property is approximately 0.20 acres and is zoned B-2 – General Business District. The property is located at the northeast corner of Highway 181 and Highway 104, Lot 4 and is approximately 1.0 acres. PPIN #: 627494 Michelle Melton, City Planner, Planning and Zoning Director, presented the request of the Applicant, Chris Lieb, on behalf of the Owner, FST Encounter Development LLC, for Site Plan Approval of Foosackly’s. The property is approximately 0.20 acres and is zoned B-2 – General Business District. The property is located at the northeast corner of Highway 181 and Highway 104, Lot 4 and is approximately 1.0 acres. Staff recommends approval to the City Council of SR 25.03 with the following conditions: 1. Update photometric plan with 10ft high lighting. 2. Update landscaping plan (p.2) to reflect a total of 48 parking spaces not 51. February 3, 2025 Planning Commission Minutes 3 Paul Fontenot stated that the vehicular screening should start 4’ from the curb. Chris Lieb, Lieb Engineering, agrees with staff conditions. Rebecca Bryant made a motion to recommend approval of SR 25.03 to City Council with staff recommendations. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Kevin Boone; John Worsham; Rebecca Bryant; Harry Kohler; Hollie MacKellar; Paul Fontenot and Erik Cortinas NAY: None. C. SD 25.02 Public hearing to consider the request of the Applicant, Jade Consulting, LLC, on behalf of the Owner, Michael Jason Tickle 2020 Trust dated July 13, 2020, for preliminary plat approval of Windrow Subdivision, a 21-lot subdivision. The property is zoned R-1, Low Density Single-Family Residential District. The property is approximately 17.75 acres and is located east of Section Street between Twin Beech Road and Brodbeck Lane. PPIN #: 18518 Mike Jeffries, Development Services Manager, presented the request of the Applicant, Jade Consulting, LLC, on behalf of the Owner, Michael Jason Tickle 2020 Trust dated July 13, 2020, for preliminary plat approval of Windrow Subdivision, a 21-lot subdivision. The property is zoned R-1, Low Density Single- Family Residential District. The property is approximately 17.75 acres and is located east of Section Street between Twin Beech Road and Brodbeck Lane. Waiver Recommendation: Staff recommends approval of the waiver requests. 1. Allow a 40’ ROW for Windrow Circle. 2. Not install sidewalks along the north side of Tall Paul Way from the entrance to lot #20 and not install sidewalks along Section Street south of the entrance. Staff recommends approval of SD 25.02 with the following conditions: 1. Approval of the two (2) waiver requests. 2. A note shall be added to the plat “The drainage inside the subdivision shall remain private and is subject to the Cooperative Maintenance Agreement associated with the subdivision. The drainage is not the responsibility of the City of Fairhope to maintain.” Discussion included: • connectivity to the south • precedent for 40’ ROW • wetland enhancement and restoration • greenspace usability • City not responsible for sidewalks • crosswalks over Section to Hilltop • footpath accessibility February 3, 2025 Planning Commission Minutes 4 Chairman Turner opened the public hearing at 5:51pm. Troy Vickers, 248 Cuban Lily Dr, would like the sidewalk to be on Section for safety. Don DeGutz, 110 Blakeney, is concerned about encroachment on the easement and property values for the homeowners. Steve Cowles, 6878 Petiole, is concerned about the speed limit on Section. The public hearing was closed at 5:57. Troy Jinright, Jade Consulting, stated that the project has over 20% of greenspace and they are working to preserve as much as possible. The pond will have fish, and the sidewalks will connect to the greenspace. Mr. Jinright is requesting a waiver for the section of sidewalk to the south. John Worsham made a motion to approve the first waiver allowing for a 40’ ROW for Windrow Circle. Erik Cortinas seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Kevin Boone; John Worsham; Rebecca Bryant; Harry Kohler; Hollie MacKellar; Paul Fontenot and Erik Cortinas NAY: None. Kevin Boone made a motion to accept the second waiver for not sidewalks in the subdivision but wants sidewalks to be placed along the south side of Section. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Kevin Boone; John Worsham; Rebecca Bryant; Harry Kohler; Hollie MacKellar; Paul Fontenot and Erik Cortinas NAY: None John Worsham made a motion to approve SD 25.02 with staff recommendations and the additional of pedestrian access being added on the south side of Section. Erik Cortinas seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Kevin Boone; John Worsham; Rebecca Bryant; Harry Kohler; Hollie MacKellar; Paul Fontenot and Erik Cortinas NAY: None. February 3, 2025 Planning Commission Minutes 5 D. SD 25.04 Public hearing to consider the request of the Applicant, Sawgrass Consulting, on behalf of the Owner, PCH Hotels and Resorts/RSA, for preliminary plat approval of Battles Trace Phase 9, an 81-lot subdivision. The property is approximately 22.4 acres and is zoned TR – Tourist Resort District. The property is located on the north side of Battles Road, on the east and west sides of Colony Drive. PPINS #: 5499, 20948, 286294 Hunter Simmons introduced the request and gave a history of the Tourist Resort District. Mike Jeffries, Development Services Manager, presented the request of the Applicant, Sawgrass Consulting, on behalf of the Owner, PCH Hotels and Resorts/RSA, for preliminary plat approval of Battles Trace Phase 9, an 81-lot subdivision. The property is approximately 22.4 acres and is zoned TR – Tourist Resort District. The property is located on the north side of Battles Road, on the east and west sides of Colony Drive. Mr. Jeffries shared the aerial and zoning maps. Staff recommends approval of SD 25.04 with the following conditions: 1. Reflect the remaining property as a lot of record as lot # on the plat and show the entire boundary of the property. Discussion included: • look at last time lake was measured • status of O&M plans for development • meeting with tree committee and City Horticulturist Chairman Turner opened the public hearing at 6:31pm. Debbie Manning, 934 Hibiscus Way, concerned with deviation from original plans, increase in population, no room for turnoffs, narrow road at Section Street entrance and access by emergency vehicles. Ms. Manning is requesting denial of request. Bill Holman, 134 Mulberry Lane, concerned with growth in the Colony, safety, additional four phases, lighting and traffic. Mr. Hupp, 436 Colony Drive, concerned with safety and with the drainage calculations. Troy Vickers, 248 Cuban Lily Drive, concerned with future development, the stormwater plan, sediment coming from the development, the number of trees being removed, no sidewalks, need pathways, would like to see the Master Drainage Plan, landscaping, the lot sizes have been reduced and emergency vehicle access. Thomas Hogg, 812 Geranium Drive, concerned with density, expected detached single-family homes and the landscape requirements. Jim Ellis, 6902 Petiole Dr, concerned with common areas abutting Hilltop and clear cutting the entire area. February 3, 2025 Planning Commission Minutes 6 Andy Calahan, 6970 Petiole Dr, stated there are 109 trees, 6+” with dense vegetation understory, concerned with water displacement, density, drainage poor erosion control measures south of Thyme Lane and a dip in the sidewalk on Section. Steve Cowles, 6878 Petiole Dr, supports all of the citizen comments, appreciates protection of buffers on northern border, concerned with clear cutting, environmental impact to animals and birds and requests the preservation of the natural habitat. Sharon Durham, 233 Cuban Lily, concerned with butting up to a neighbor, setbacks and separation from backyard neighbors. The public hearing was closed at 7:11. Tim Lawley, Sawgrass Engineering introduced Michael Mann, Nequette Architect, who gave a presentation. Mr. Lawley addressed the citizen comments and the Planning Commission comments. Lee Turner would like to see other options for erosion control and a plan with native plants. The applicant requested that this project be tabled until the March 6, 2025, Planning Commission meeting. Hollie MacKellar made a motion to table SD 25.04 until the March 6, 2025, Planning Commission meeting. Erik Cortinas seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Kevin Boone; John Worsham; Rebecca Bryant; Harry Kohler; Hollie MacKellar; Paul Fontenot and Erik Cortinas NAY: None. E. ZC 25.01 Public hearing to consider the request from the City of Fairhope Planning and Zoning Department for various proposed amendments to the City of Fairhope’s Zoning Ordinance. Hunter Simmons, Planning and Zoning Director, presented the request from the City of Fairhope Planning and Zoning Department for various proposed amendments to the City of Fairhope’s Zoning Ordinance. Mr. Simmons stated that this amendment would alter Table 3-1 of the Zoning Ordinance to remove a Boarding House/Dormitory from Zoning Districts B-2, B-3b, B-4, M-1, M-2, NVC and CVC. Effectively, this would prohibit new boarding houses and dormitories within the City of Fairhope corporate limits. Language will be kept in the Zoning Ordinance with the definition and parking requirements in case there are historical cases. Chairman Turner opened the public hearing at 8:05pm. Having no one present to speak, the public hearing was closed at 8:05. February 3, 2025 Planning Commission Minutes 7 John Worsham made a motion to approve ZC 25.01. Kevin Boone seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Kevin Boone; John Worsham; Rebecca Bryant; Harry Kohler; Hollie MacKellar; Paul Fontenot and Erik Cortinas NAY: None F. Executive Session – To discuss pending or potential litigation pursuant to Alabama Code Section 36-25A-7(a)(3) Chris Williams read the Declaration and Opinion and recommended that the Planning Commission leave the dais for an Executive Session: John Worsham made a motion to leave the dais for the Executive Session. Kevin Boone seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Kevin Boone; John Worsham; Rebecca Bryant; Harry Kohler; Hollie MacKellar; Paul Fontenot and Erik Cortinas NAY: None Commissioners leave the dais at 8:07pm and return at 8:25pm. Adjournment John Worsham made a motion to adjourn. AYE: Lee Turner; Kevin Boone; John Worsham; Rebecca Bryant; Harry Kohler; Hollie MacKellar; Paul Fontenot and Erik Cortinas NAY: None Adjourned at 8:25pm. _______________________ ________________________ Lee Turner, Chairman Cindy Beaudreau, Secretary This digital package has been condensed for size and some documents may not contain all the original pages. All submittals were reviewed in full by staff in preparation for the reports prepared for the Planning Commission. UR 25.01 - 7549 Assunta Court, AT&T City of Fairhope Planning Commission March 6, 2025 WILD O A K S R D PARKER R D FLY CREEK A V ESIBLEY CIRPEARLY GHASKIN DRMAIN STLORIS WAYU S HWY 98JUBILEE LN U S HWY 98VIALE BELLEZZAASSUNTA C TECOR ROUGE LN J V C U M M I N G S D RALICE LN VI A M A R I A VIALE TRENTINOTREADSTONE WAYU S HWY 98WILD O A K S R D PARKER R D U S HWY 98SIBLEY CIRJ V CUMMINGS D RVIALE TRENTINOPEARLY GHASKIN DRANGELO LNLORIS WAYVIALE BELLEZZACIPRIANO C T ASSUNTA C T FLY CREEK A V E A L I C E LNROCK CREEK DRVIALE TRENTINO VIA M A R I A TREADSTONE WAYProposed Install Area Road Parcel Zoning District B-2 General Business District B-4 Business and Professional District PUD - Planned Unit Development R-1 Low Density Single-Family Residential District Project Name: 7549 Assunta Court, AT&T Site Data: 4,573 Linear Footage Project Type: Installation of Buried Fiber Cable Jurisdiction: Fairhope Planning Jurisdiction Zoning District: PUD PPIN Number: N/A General Location: North side of Parker Road, East of U.S. HWY 98 Surveyor of Record: AT&T Engineer of Record: AT&T Owner / Developer: AT&T School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ Conditions Prepared by: Chris Ambron 1 UR 25.01 AT&T – March 6, 2025 Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 4,573 ft directional bore buried fiber along routes outlined on the below location map. 2 UR 25.01 AT&T – March 6, 2025 1.Citizen Communication & Notification •Provide Door Hangers at pre-construction 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 25.01 AT&T – March 6, 2025 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 25.01 AT&T – March 6, 2025 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 25.01 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 25.02 - 20485 Lowry Drive, AT&T City of Fairhope Planning Commission March 6, 2025 MAJORS RUNMAJESTIC BEAUTY AVE STATE HWY 181STRATFORD STAYRSHIRE LNWAKEFIELD AVE NOBLEMAN DRGAYFER RD EXT LOWRY DRVANCE LN PITMAN LNHUCKNALL DRGRANT'S WAYTIFTON WAY GAYFER RD EXT LOWRY DRHUCKNALL DR Proposed Install Area Road Parcel Zoning District PUD - Planned Unit Development R-1 Low Density Single-Family Residential District R-2 Medium Density Single-Family Residential District RA - Residential/Agriculture District Project Name: 20485 Lowry Drive, AT&T Site Data: 3,929 Linear Footage Project Type: Installation of Buried Fiber Cable Jurisdiction: Fairhope Planning Jurisdiction Zoning District: R-2 PPIN Number: N/A General Location: South side of Gayfer Road Ext, West side of State HWY 181 Surveyor of Record: AT&T Engineer of Record: AT&T Owner / Developer: AT&T School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ Conditions Prepared by: Chris Ambron 1 UR 25.02 AT&T – March 6, 2025 Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 3,929 ft directional bore buried fiber along routes outlined on the below location map. 2 UR 25.02 AT&T – March 6, 2025 1.Citizen Communication & Notification •Provide Door Hangers at pre-construction 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 25.02 AT&T – March 6, 2025 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 25.02 AT&T – March 6, 2025 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 25.02 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 25.03 - 200 Spring Lake Drive, AT&T City of Fairhope Planning Commission March 6, 2025 GREENO RDGREENO L N CARTER LN DAUGHERTY LN SPRING L A K E D R INGLESIDE AVECYPRESS LN PORTER L N WINDSOR DR S WINDSOR DR N AUTUMN D R MANOR BLVDD'ESTREHAN RDLLOYD LN PERRYMAN PL OAKWOOD AVECOTTAGE DRGREENO RDOAKWOOD AVECARTER LN GREENO LN WINDSOR DR S SPRING L A K E D RCYPRESS LNCYPRESS LN D'ESTREHAN RDDAUGHERTY LN AUTUMN DR Proposed Install Area Road Parcel Zoning District B-2 General Business District B-4 Business and Professional District HTD – Highway Transitional District M-1 Light Industrial District R-1 Low Density Single-Family Residential District R-2 Medium Density Single-Family Residential District R-3 PGH High Density Single-Family Patio/Garden R-3 TH High Density Single-Family Townhouse R-4 Low Density Multi-Family Residential District R-6 Mobile Home Park District Project Name: 200 Spring Lake Drive, AT&T Site Data: 3,953 Linear Footage Project Type: Installation of Buried Fiber Cable Jurisdiction: Fairhope Planning Jurisdiction Zoning District: R-3 PGH PPIN Number: N/A General Location: East side of Greeno Road, South of Autumn Drive Surveyor of Record: AT&T Engineer of Record: AT&T Owner / Developer: AT&T School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ Conditions Prepared by: Chris Ambron 1 UR 25.03 AT&T – March 6, 2025 Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 3,953 ft directional bore buried fiber along routes outlined on the below location map. 2 UR 25.03 AT&T – March 6, 2025 1.Citizen Communication & Notification •Provide Door Hangers at pre-construction 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 25.03 AT&T – March 6, 2025 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 25.03 AT&T – March 6, 2025 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 25.03 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 25.04 - 19755 Greeno Road, AT&T City of Fairhope Planning Commission March 6, 2025 GREENO RD SOAKWOOD AVEGREENO LN DAUGHERTY LN HAWTHORNE CIRCYPRESS LN SPRING RUN DR RIVEROAKS DR NICHOLS AVE EXT SCARLETT AVE INGLESIDE AVEGREENO RDHOSPITAL DR PORTER L N SPRING PARK DRWINDSOR DR S NATHANIEL AVE WINDSOR DR N NICHOLS AVE BOSBY LNYOUNG STAUTUMN DRS INGLESIDE STMIDDLE ST REILLY CIRSALEM STMCDONALD LN MELVIN LNSAGEBRUSH LOOPNORTHROP ST CARROLL PLACE DRCOMMERCIAL PARK DRLLOYD LN DRIFTWOOD AVECOTTAGE DRHORN LN GREENO RD SOAKWOOD AVEGREENO RDGREENO LN DAUGHERTY LN NICHOLS AVE EXT SCARLETT AVE SPRING RUN DR PORTER L N SPRING PARK DRWINDSOR DR S NICHOLS AVE AUTUMN D R RIVEROAKS DR MIDDLE STS INGLESIDE STSAGEBRUSH LOOPNORTHROP ST CARROLL PLACE DRCOMMERCIAL PARK DRDRIFTWOOD AVECOTTAGE DRHAWTHORNE CIR Project Name: 19755 Greeno Road, AT&T Site Data: 3,676 Linear Footage Project Type: Installation of Buried Fiber Cable Jurisdiction: Fairhope Planning Jurisdiction Zoning District: M-1, B-2 PPIN Number: N/A General Location: Nichols Avenue, Commercial Park Drive, and Spring Run Drive Surveyor of Record: AT&T Engineer of Record: AT&T Owner / Developer: AT&T School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ Conditions Prepared by: Chris Ambron 1 UR 25.04 AT&T – March 6, 2025 Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 3,676 ft directional bore buried fiber along routes outlined on the below location map. 2 UR 25.04 AT&T – March 6, 2025 1.Citizen Communication & Notification •Provide Door Hangers at pre-construction 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 25.04 AT&T – March 6, 2025 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 25.04 AT&T – March 6, 2025 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 25.04 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 25.05 - 811 Morphy Avenue, AT&T City of Fairhope Planning Commission March 6, 2025 MORPHY AVE S INGLESIDE STFAIRHOPE AVE COLEMAN AVEN INGLESIDE STHAWTHORNE CIRS INGLESIDE STEASTERN SHORE SHOP CTRNICHOLS AVE EXT SCARLETT AVE MICHIGAN AVE HOFFREN DRYOUNG STFAIRHOPE AVE GREENO RD NHOSPITAL DRLOTTIE LNFOX RUNPLANTATION POINTE RD PLANTATI O N B L V DBLUE ISLAND AVEORCHARD DR NICHOLS AVE BELLANGEE ST JOHNSON AVE NATHANIEL AVE ESTELLA ST PROSPECT AVE BERGLIN STPLEASANT AVEGREENO RD SCALL STMCCUE CIRSALEM STMCDONALD L N KENSINGTON CTASHLEY DRNORTHROP ST ECOR ROUGE PL SHOP CTRHORN LN GREENO RD SCOLEMAN AVE HAWTHORNE CIRFAIRHOPE AVE EASTERN SHORE SHOP CTRSCARLETT AVE MICHIGAN AVE HOFFREN DRHOSPITAL DRLOTTIE LNFOX RUNNATHANIEL AVE PROSPECT AVE PLEASANT AVEMCCUE CIRMORPHY AVE NORTHROP ST SALEM STKENSINGTON CTProposed Install Area Road Parcel Zoning District B-1 Local Shopping District B-2 General Business District B-3b Tourist Resort Commercial Service District B-4 Business and Professional District M-1 Light Industrial District P-1 Parking 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 R-6 Mobile Home Park District Project Name: 811 Morphy Avenue, AT&T Site Data: 9,058 Linear Footage Project Type: Installation of Buried Fiber Cable Jurisdiction: Fairhope Planning Jurisdiction Zoning District: R-2, R-3 PGH PPIN Number: N/A General Location: Morphy Avenue, Pleasant Avenue, and Hawthorne Circle Surveyor of Record: AT&T Engineer of Record: AT&T Owner / Developer: AT&T School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ Conditions Prepared by: Chris Ambron 1 UR 25.05 AT&T – March 6, 2025 Summary of Request: Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 9,058 ft directional bore buried fiber along routes outlined on the below location map. 2 UR 25.05 AT&T – March 6, 2025 1.Citizen Communication & Notification •Provide Door Hangers at pre-construction 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 25.05 AT&T – March 6, 2025 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 25.05 AT&T – March 6, 2025 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 25.05 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. 1 SD 25.05 Battles Trace Phase 9 – February 3, 2025 The following report was originally written for the April 7, 2025 Planning Commission meeting. Red text was added for the March 6, 2025 meeting. Summary of Request: Public hearing to consider the request of the Applicant, Sawgrass Consulting, on behalf of the Owner, PCH Hotels and Resorts/RSA, is requesting Preliminary Plat approval of Battles Trace Phase 9, an 81-lot major subdivision. The property is approximately 22.4 acres and is located on the north side of Battles Road, on the east and west sides of Colony Drive. The property is zoned TR – Tourism Resort District. Comments - The application was heard and tabled at the February 3rd Planning Commission meeting. Revisions have been made to the grading and landscape plans. - The subject property is part of the TR District and if approved it will be the next phase of Battles Trace. The TR District requires that the overall gross density for residential areas shall be no greater than 3.5 units per gross area and the TR District shall provide at least 20% open/green space. Both conditions are met. Currently “3-4 additional phases are anticipated to be similar in nature to phase 9 and other previous phases.” Utilities: - Water, Sewer, and Gas: City of Fairhope and aid to construction costs will be determined once the final construction designs have been reviewed. - Power: Riviera Utilities - Communications: AT&T Drainage: - Battles Trace PH 9 contains approximately 22.4 acres and is located to the North and West of the intersection of Geranium Dr. and Lobelia Ln. There is a ridge running through the middle of the site 2 SD 25.05 Battles Trace Phase 9 – February 3, 2025 which generally separates the drainage to the east and the west directions. The site is currently wooded consisting mostly of planted pines. One detention pond is proposed in the SW corner of the site to detain the area that generally lies on the west side of the ridge. This pond will be routed to an existing 18” HDPE pipe that was stubbed out during the construction of PH 5 and will ultimately be routed to the existing 18-acre lake and adjacent 1- acre pond prior to being discharged from the western portion of the development. Water quality requirements for the developed area (generally located on the west side of the ridge) will be accommodated by the existing 18-acre lake and 1-acre pond noted above. All water on the east side of the ridge will drain (un-detained) to the existing 2- acre wet detention pond located on the golf course (located NW of the intersection between Battles Road and Section St, and along the east side of Battles Trace PH 7 and PH 8). This detention pond was constructed during Battles Trace PH 7 and was designed to accommodate both water quality and detention requirements for the proposed developed area located within PH 9 (generally located on the east side of the ridge). - The Grading plan was revised and the area between the development and Hill Top Subdivision now reflects a 20’ Undisturbed Buffer and a retaining wall will be constructed. - The EOR performed an inspection of the stormwater facilities and provided a report. A full report is in the Packet. The Summary/Conclusion from the EOR’s report is listed below for convenience. - Additional protected trees have been reflected on the plans and are preserved. Citizen Comments: - Staff has received several phone calls and emails regarding this next phase. Citizen correspondence is included in the packet along with two petitions that were received from the Hill Top Subdivision and Battles Trace Subdivision property owners. The City of Fairhope Subdivision Regulations contain the following criteria in Article V.B.2. Approval Standards. “2. Consistency with Plans, Regulations and Laws - The Planning Commission shall not approve the subdivision of land if the Commission makes a finding that such land is not suitable for platting and development as proposed, due to any of the following: a. The proposed subdivision is not consistent with the City’s Comprehensive Plan, and/or the City’s Zoning ordinance, where applicable; • Meets b. The proposed subdivision is not consistent with the City’s Comprehensive Plan or any other plan or program for the physical development of the City including but not limited to a Master Street Plan, a Parks Plan, a Bicycle Plan, a Pedestrian Plan, or the Capital Improvements Program; • Meets 3 SD 25.05 Battles Trace Phase 9 – February 3, 2025 c. The proposed subdivision is not consistent with these Regulations; • Meets d. The proposed subdivision is not consistent with other applicable state or federal laws and regulations; • Meets e. The proposed subdivision otherwise endangers the health, safety, welfare or property within the planning jurisdiction of the City.” • Meets Recommendation: Staff recommends approval with conditions SD 25.04 Battles Trace Phase 9 preliminary plat. 1. Add a 20’ Undisturbed Buffer to the plat as shown on grading plans adjacent to Hill Top Subdivision. 9 Batt'les Trace Maln.te.nanoe Inspection 211&'2025 16 Batt'les Trace Maln.te.nanoe Inspection 211&'2025 17 Batt'les Trace Maln.te.nanoe Inspection 211&'2025 3 1 Batt'les Trace Maln.te.nanoe Inspection 211&'2025 COLONY AT THE GRAND RESIDENT ISSUES & CONCERNS -PHASE 9 The following points are submitted to the Fairhope Planning Commission by Colony residents regarding the current development and future planning of The Colony at the Grand. The homeowners of The Colony at The Grand respectfully request that the current plan submitted to the City of Fairhope for Phase 9, which includes multi-family units and carriage homes, be disapproved. The homeowners would like the developer to continue the original plan for development of single-family homes. The following points by the residents' Phase 9 petition are underscored by the fact most residents have not been able to obtain a current Phase 9 development plan through either the developer or the City Planning Commission. 1 . With the proposed Phase 9 planning underway, it is our understanding that townhomes and carriage homes will be included in the plan. If this is the case, The Colony at the Grand has evolved far away from what was originally promised to the City and residents/homeowners. The original vision of a community of single family homes will be lost. 2. Phase 9 infrastructure concerns: a. Housing density: i. Townhomes and carriage homes will increase the area population and density, while changing the promised subdivision build-plan. Large parking lots are unsightly and noisy in a subdivision setting. ii. Very narrow two-lane roads provide entry into the proposed Phase 9 subdivision. There is currently no room for turn-offs into the subdivision, creating a congestion and safety problem. Has the City conducted feasibility studies for the large increase in traffic flow on small two-lane roads with no shoulders (i.e. Section Street)? iii. Close housing would increase susceptibility and risk to loss by fire. Has access by fire trucks been studied for human and property safety? Fire department response to a recent house fire was delayed by at least 5 minutes due to subdivision entry issues. iv. The City has viewed a proposed rezoning for an apartment complex on Greeno Road north of Publix at Point Clear in a negative way. Primary reasons included over-burdening existing infrastructure and community support. The proposed apartment complex was less than . 7 miles from the proposed Phase 9 on a much better road system (Greeno Rd). v . One comment from a recent home purchaser regarding Phase 9 development: " ... there was never any mention of the planned development less than 100 yards from our front door. We had conversations with the sales office about the road that has been cut into the woods -meaning more homes in the near future; however, there was never mention that this next phase would be any different than what we have seen throughout this development." 1. This is at best a failure to properly disclose material information to a buyer and at worst a deceptive omission by the developer's sales office. 2. Note: The Colony website and marketing media for The Colony at the Grand continue to portray only single-family homes in future phases. b. Retention Lakes/Pond: i. Retention lakes/ponds: Additional high volume rainwater run-off will affect the surrounding areas and retention ponds/Sweetwater Lake. This run-off is exacerbated by the proposed development forestry clearcutting. ii. Sweetwater retention lake is already stressed by current phases. After several past rain events, the levee has seeped water for days. Water run-off is close to reaching maximum capacity of the existing lake. With the potential of up to five more retention ponds draining into Sweetwater, residents neighboring Sweetwater Lake have major concerns over a levee breach and residential flooding in the future. iii. Sweetwater Lake has been filled with run-off, silt and construction debris, and no action or mitigation plan has been put in place by the developer to fix the issues. iv. Mobile Bay Keeper issues from previous complaints regarding drainage and runoff have not been corrected. 3. Other concerns: a. During Phase 8 construction, many additional trees were clear cut other than originally projected to the residents. Will the City follow-up to ensure the builders and contractors adhere to the approved plan for Phase 9? The residents of the Colony are tax paying citizens of Fairhope and would like the City Planning Commission to not permit the Retirement Systems of Alabama (RSA) and their contractors considerations and approvals other builders would not receive, without serious consideration of public opinion. Residents are concerned of the perceived inappropriate relationship between Sawgrass and the City of Fairhope. Sawgrass should not receive any preferred treatment for approval of the Phase 9 development. (Refer to pro-Sawgrass comments made by the Mayor at the January 13, 2025 Fairhope City Council Meeting.) There also exists a perception of a potential conflict of interest in approval of this project as RSA holds the city employees' retirement fund. The Planning Commission should also be aware that the residents have the following issues with Retirement Systems of Alabama (RSA), resulting in the residents' initiating petitions like these: • Colony at the Grand residents have not been told what the plan for Lakewood expansion and fee impact would be if Phase 9 is approved. The Lakewood facilities are at or near their current capacity limits, per local fire codes. Moving away from single family homes as proposed in the Phase 9 plan would greatly impact current residents' quality of life and facility use. • Will Phase 9 allow leasing and short-term rentals? • How will current resident HOA fees be impacted by Phase 9, since the facility and greenspace support have a different construct from single family homes? • RSA does not allow residents a voice at the table to express concerns regarding on- going development, maintenance, and issues impacting The Colony at the Grand. To date, none of the seven completed Phases within The Colony have been turned over to the residents, nor does a resident have a seat on the HOA board, contrary to what is stated in their own Colony at the Grand brochure. This has resulted in a gradual erosion of trust and sense of community that was once an attraction to reside in The Colony. Moreover, RSA continues to hurt their reputation by this no-contact, "do it our way" conduct, which has unfortunately forced this petition. • The citizens of The Colony want the City to be aware of these issues the residents have repeatedly attempted to address. Sincerely, ~Signed~ Phase 9 Petition Signers January 23, 2025 Attachments: 1) Phase 9 marketing materials 1 2) Phase 9 marketing materials 2 3) Signed petitions Atch 1 ;}::ff~~,~~~:. ;j ~-~· .... ~ ·~~ ---- Colony at the Grand marketing materials 1/23/2025 Atch2 Copy of Colony at the Grand marketing materials for Phase 9 from website 1/23/2025 To: Planning and Zoning Commission City of Fairhope, Alabama January 6, 2025 We, the undersigned of this petition, being residents of The Colony at The Grand, (hereafter known as The Colony) located in the city of Fairhope, AL, do hereby request that the application by Retirement Systems of Alabama, Stuart Construction and Sawgrass Engineering for development of Phase 9 of the Colony at The Grand be disapproved under the current plan as submitted. Phase 9 is a 25-acre parcel of a larger 100-acre tract to be developed by RSA. Phases 1-8 of The Colony consists of single-family homes, apart from the original condominium building, Bayview II. The plan for Phase 9 as proposed will consist of multi-family housing and carriage homes, multiple large parking areas and high-density occupancy as compared to the current single-family housing in The Colony. Phase 9 will completely change the appearance of the current neighborhood and devalue existing homes, which currently range in value from $600,000 to well over $1 million. Moreover, this current plan will also put additional strain on city infrastructure, emergency services, medical services, schools and traffic in an already well-traveled thoroughfare. We ask the planning commission to require the developer and builder to continue building Phase 9 of The Colony under its original plan ofsingJe-family homes, which is what was presented to purchasers of homes in Phases 1-8 and as depicted on their website as of January 3, 2025. Homeowner(s) Name (Printed) Address Signature A-r k-l:<-7 G u.__ lj A;q_ f-vuu..L :I S-\---cL~ Ga,v u.....1 _ ____ ~Uo=1:J To: Planning and Zoning Commission City of Fairhope, Alabama January 6, 2025 We, the undersigned of this petition, being residents of The Colony at The Grand, (hereafter known as The Colony) located in the city of Fairhope, AL, do hereby request that the application by Retirement Systems of Alabama, Stuart Construction and Sawgrass Engineering for development of Phase 9 of the Colony at The Grand be disapproved under the current plan as submitted. Phase 9 is a 25-acre parcel of a larger 100-acre tract to be developed by RSA. Phases 1-8 of The Colony consists of single-family homes, apart from the original condominium building, Bayview II. The plan for Phase 9 as proposed will consist of multi-family housing and carriage homes, multiple large parking areas and high-density occupancy as compared to the current single-family housing in The Colony. Phase 9 will completely change the appearance of the current neighborhood and devalue existing homes, which currently range in value from $600,000 to well over $1 million. Moreover, this current plan will also put additional strain on city infrastructure, emergency services, medical services, schools and traffic in an already well-traveled thoroughfare. We ask the planning commission to require the developer and builder to continue building Phase 9 of The Colony under its original plan of single-family homes, which is what was presented to purchasers of homes in Phases 1-8 and as depicted on their website as of January 3, 2025. Homeowner(s) Name (Printed) Address ~~ c=JYw -ftPf?'laJT oJ 1 n'l1.r2/-/0f1e--,4 L 3&>s.z >1 t?6 1/p@«zT LIJ ,~E,./1-L ~3~ To: Planning and Zoning Commission City of Fairhope, Alabama January 6, 2025 We, the undersigned of this petition, being residents of The Colony at The Grand, (hereafter known as The Colony) located in the city of Fairhope, AL, do hereby request that the application by Retirement Systems of Alabama, Stuart Construction and Sawgrass Engineering for development of Phase 9 of the Colony at The Grand be disapproved under the current plan as submitted. Phase 9 is a 25-acre parcel of a larger 100-acre tract to be developed by RSA. Phases 1-8 of The Colony consists of single-family homes, apart from the original condominium building, Bayview II. The plan for Phase 9 as proposed will consist of multi-family housing and carriage homes, multiple large parking areas and high-density occupancy as compared to the current single-family housing in The Colony. Phase 9 will completely change the appearance of the current neighborhood and devalue existing homes, which currently range in value from $600,000 to well over $1 million. Moreover, this current plan will also put additional strain on city infrastructure, emergency services, medical services, schools and traffic in an already well-traveled thoroughfare. We ask the planning commission to require the developer and builder to continue building Phase 9 of The Colony under its original plan of single-family homes, which is what was presented to purchasers of homes in Phases 1-8 and as depicted on their website as of January 3, 2025. From:Robert Newsome To:planning Subject:Case SD25 04 Battles Trace Phase 9 Date:Wednesday, January 22, 2025 4:44:42 PM I received the Sawgrass Consulting Information on Fairhope City Latter-head Dated 1/20/25 via certified mail on the afternoon of 1/22/25 with a response deadline of 1/24/25. This is an insufficient timeline for owners and stakeholders to make serious evaluations and responses. It smacks of last minute trickery in the hopes that people will not have sufficient time or information to make thoughtful evaluations and timely responses. 1st) The map attached is too small to read and understand. A 27 acre development is crammed into the top left 1/4 of an 81/2 by 11 piece of paper. (Really) When I asked Sawgrass people at their initial meeting for a copy of their proposal they declined and said I could take a picture on my phone. When I asked if the plat was on their website they said NO. 2nd) When I purchased lot BT 216 in Battles Trace nobody ever mentioned that future phases would have substantial increased density changes. (Patio Homes or Carriage Houses were not discussed or contemplated) This is inconsistent with existing build outs. 3rd) I so no added amenities only Detention ponds. You can't just keep cramming people and houses into a small area and not add pools, dog parks, walking paths etc. if they are on the attached plat you can’t read it or see them. 4th) There is already drainage issues in the Colony. The houses on the slope north of the road near the entrance from CR 3 will add to the existing drainage problems. I am opposed to the plan as presented but I understand and appreciate that the developer has the right to build and add new phases to the Colony. I just think they should be more in line with the plans and lot sizes like in the earlier phases 1-6. Thank You, Robert Newsome From:A ScottTo:planningSubject:RSADate:Friday, January 24, 2025 11:58:31 AM Anya From:Amy Siembida To:Amy Siembida; planning Subject:Battles Trace Phase 9 Date:Friday, January 24, 2025 11:37:09 AM I am writing to voice concern for Phase 9. -The gates are rarely working and it is already backed up on Section Street entrance. They aren’t shut at the times the sales office isn’t opened after hours. -There is NO PEDESTRIAN entrance or way to exit the development off of Section St. if you are not in a vehicle. -The additional 81 homes in Phase 9 that will utilize this gate as their primary entrance and exit will be a major congestion problem. -Phase 6 was sold lots on Geranium Dr. with the map that showed a lushly landscaped area between Phase 9. It was sold to us that it would look like the area behind Cubin Lily. That is not what they are proposing. -RSA as a private entity are developing each phase, not adhering to current city codes regarding widths, lanes for roadways and sidewalks. But as a tax paying citizen it is your responsibility, as the City of Fairhope to the Colony residence’ if you are approving these phases to ensure that these developments you are approving has standards that homebuyers will be able to live with. -There is already a drainage problem behind Phase 6 which was a known problem as they built Phase 6. It is now Phase 9 and they are finally suggesting a fix, but we are still in the dark as to what that fix is. Why are they not doing these fixes as they sell these homes? If Phase 6 was approved why was the drainage not addressed with the City of Fairhope at that time? -As the City of Fairhope, you are responsible for ensuring the plans that you approve meet codes and safety for your tax paying residence regardless of who the developer is. -The original agreement to develop The Colony in conjunction with the purchase of Lakewood Country Club has far exceeded the size and scope of the original agreement. It is the responsibility of the City of Fairhope to ensure the residence of The Colony have each continuing phase meet the standards of the original agreement. Hilltop at Fairhope Hilltop Residents Petition to the City of Fairhope Planning Commission 1-24-2025 The residents of the Hilltop subdivision located in the City of Fairhope, AL, request that the permit application for the development of Battles Trace Phase 9 be disapproved as currently submitted. The application proposes 100% clearing of all trees and natural growth in the designated “Common Areas” abutting the Hilltop development, which we oppose. We are asking the planning commission to require the preservation of all trees 6” in diameter and larger in the “Common Areas” shown in the attached supporting document. The area of concern, which we have had surveyed by a Certiﬁed Arborist, is approximately 2 acres in size and contains 109 hardwoods and pines between 6” and 28” in diameter. Ninety (90) of those mature trees are 10” and larger in diameter. Today, this area provides natural stormwater drainage mitigation that would work in concert with manmade stormwater management systems. In addition, this area signiﬁcantly adds to the beauty of the area and is home to a wide variety of wildlife, including fox, fox squirrels, raccoons, opossums, owls, hawks, cardinals, woodpeckers, wrens, bluebirds, and many, many more. We’ve been told by the developer that clear cutting this area is needed to facilitate grading. We believe destroying decades of natural habitat to facilitate grading is unnecessary, irresponsible, and unneighborly. We understand that Battles Trace Phase 9 is in a Tourism Resort District which allows extensive exemptions relative to the ordinances of the City of Fairhope. However, we also understand that when the TR District was created and exemptions were granted 15 years ago, buffer zones were set aside to preserve trees. Ostensibly this was done to naturally enhance the beauty of the area, provide a natural shield with neighbors and to support the spirit of the Fairhope tree ordinances. We believe that similar solutions and compromises be required by the planning committee for the Battles Trace Phase 9 development. PO Box 669 - Daphne, AL 36526 HilltopAtFairhope@gmail.com - 251.210.1818 Document ID: 2 3ab627d-c9bdf6b9d-4-eda8420-5b3 a Hilltop at Fairhope Endorsements Signatures Name: Lot: Signature: Andy Callahan 01 _____________________________________________ Chris Knight 02 _____________________________________________ Dennis Gibson 03 _____________________________________________ Craig Miller 04 _____________________________________________ Cynthia Phillips 05 _____________________________________________ Jim Ellis 06 _____________________________________________ Becky Feltus 07 _____________________________________________ Lynn Cummings 08 _____________________________________________ Steve Cowles 09 _____________________________________________ Alex Mirakian 10 _____________________________________________ Timothy Nicoud 11 _____________________________________________ David Ingram 12 _____________________________________________ Clark Burrow 13 _____________________________________________ Lisa Frank 14 _____________________________________________ Stephen Ballard 15 _____________________________________________ Cynthia Jackson 16 _____________________________________________ Jaime Lyon Cooper 17 _____________________________________________ Garﬁeld Johnson, III 18 _____________________________________________ Leif Jensen 19 _____________________________________________ PO Box 669 - Daphne, AL 36526 HilltopAtFairhope@gmail.com - 251.210.1818 Document ID: 2 3ab627d-c9bdf6b9d-4-eda8420-5b3 a Hilltop at Fairhope Libby Sykora 20 _____________________________________________ Michael Baine 21 _____________________________________________ Larry Cerf 22 _____________________________________________ Sterling S. Willis 23 _____________________________________________ Frank Boyd 24 _____________________________________________ Mary Ann Scarborough 25 _____________________________________________ Karst Revocable Trust 26 _____________________________________________ Rhonda Blocker 27 _____________________________________________ Claude Rodriguez 28 _____________________________________________ Angie Janes 30 _____________________________________________ Susan Prouse Stringer 31 _____________________________________________ Milam Cotten 32 _____________________________________________ Kathleen Manley 33 _____________________________________________ Point Jubilee, LLC 34 _____________________________________________ Ann White-Spunner 35 _____________________________________________ Gregory Scott Spehar 36 _____________________________________________ Julie Martin 37 _____________________________________________ PO Box 669 - Daphne, AL 36526 HilltopAtFairhope@gmail.com - 251.210.1818 Document ID: 2 3ab627d-c9bdf6b9d-4-eda8420-5b3 a Intermittent Stream PHASE 9 COMMON AREA FLOWING 2 DAYS POST RAIN Document ID: 2 3ab627d-c9bdf6b9d-4-eda8420-5b3 a Phase 9 “Common Area” Adjacent to Hilltop Document ID: 2 3ab627d-c9bdf6b9d-4-eda8420-5b3 a Common Area Tree Count and Size Document ID: 2 3ab627d-c9bdf6b9d-4-eda8420-5b3 a Additional Concerns Removal of natural screening increases runoff History of excessive erosion from home sites Sediment accumulation at Lilly Lake outflow sites Existing brush provides ideal Visual screen at 65’ Document ID: 2 3ab627d-c9bdf6b9d-4-eda8420-5b3 a Completed Docume t nudAt iepoRt Completed rAtw hAS gellWcom Title: Petition to City o fFiarohe p -FttleB TaFse PrFBe c 9R Docume t .DI :23ab6:d7-c9b7f6b97-4-e7a84:0-5b32a2 (Ame )o eI 1TZ((88I88G CooRdA 3ted M A+eR)3l (Ame fileB UetAtAo to CAtv o9 s3ARwope 7 P3ttle) (R3ce Uw3)eWpd9 7 2 p3Se)y3 ::F :8:0 54I:0I86 M(C Uw3)e - copvWpd9 7 f p3Se)y3 ::F :8:0 54I:0I5f M(C 1stiAity y3 ::F :8:0 54I2bI54 M(C vtFsy CaFSton 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:b88I5688I09bfIb8a8I555fI4236I5:8bI08d3 y3 :2F :8:0 54I20I06 M(C CyntriF mFs(Bon )AS ed twe docume t 1cc6553lB3olWcomG .UI :b88I5688I09bfIb8a8I555fI4236I5:8bI08d3 y3 :2F :8:0 54I0fIff M(C ClFa( -gaaoK )AS ed twe docume t 1S)cl3RJauRRorB3olWcomG .UI :b85I2caId85Ia-a8I0c-2I622-Id96aI9e5- y3 :2F :8:0 5-If2I02 M(C ClFgNe 9oNaiEgeI 9AR)t +Aered docume t 1cl3udeRod50BSm3AlWcomG .UI :b8fI:d48Ia58fIcd88Ib8e0Ib293I2fa5I2c:a y3 :2F :8:0 5-If0I28 M(C ClFgNe 9oNaiEgeI )AS ed twe docume t 1cl3udeRod50BSm3AlWcomG .UI :b8fI:d48Ia58fIcd88Ib8e0Ib293I2fa5I2c:a y3 :2F :8:0 :8I84I5b M(C MiBF faFn()AS ed twe docume t 1lA)3BlA)39R3 Jwome)WcomG .UI :b88I4482Id48fI4288If8:dI2d-2I0859Idf:9 Docume t .DI :23ab6:d7-c9b7f6b97-4-e7a84:0-5b32a2 November 5, 2024 Tim Lawley Sawgrass Engineering RE: Service Availability – Battles Trace, Phase 9 Dear Mr. Lawley, This letter is in response to your request for information on the availability of service at the above location by AT&T. This letter acknowledges that the above referenced property is located in an area served by AT&T. Any service arrangements for this location will be subject to later discussions and agreements between the developer and AT&T. Please be advised that this letter is not a commitment by AT&T to provide service to this location. Please contact me at the phone number included in this letter with any questions. Thank you for contacting AT&T. Sincerely, Wade Mitchell Senior – OSP Design Engineer AT&T Alabama 2155 Old Shell Rd Mobile, Alabama 36607 Gulf District/ Mobile Office Sherry Sullivan Mayor Council Members: Kevin G. Boone Jay Robinson Jack Burrell, ACMO Jimmy Conyers Corey Martin Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 161 North Section St. PO Drawer 429 Fairhope, Al 36533 251-928-2136 (p) 251-928-6776 (f) www.fairhopeal.gov October 19, 2023 Sawgrass Consulting, LLC 30673 SGT El Boots Thomas Dr Spanish Fort. AL 36527 RE: Battles Trace Phase 9, PPINs 378695, 373725, 373726, 373727, 63315, 5499, 20948 Water, Sewer and Gas are available with Fairhope Public Utilities. Aid to construction will be determined once the final construction designs have been reviewed. Tim Manuel Water/W astcwater Assistant Superintendent Fairhope Public Utilities Wes Boyett Gas Superintendent Fairhope Public Utilities 1:: SctwJ~s-5 ct ~d +l{_ 0.t+-~ ~t hti '1.ore, U +/I:'"'? ~J;-e0 ~J.i1 <J tA t I -7 -2.4. Av1 vrd-'-kcf q Vqj \,'to.'litt;] L~~( tor F~i ,~o~ w~.u ( I >l-w-11-f, ~ s ~ s 1.0 ~ 11 k Sv~; 1--t d ~c.; ~pf-• RIVIERA UTILITIES 413 East Laurel Avenue - Foley, AL 36535 Phone (251) 943-5001 11/6/2024 Heather Bell Sawgrass 30673 SGT E.I. “Boots” Thomas Drive Spanish Fort, AL 36527 RE: Battles Trace Ph.9 This letter is to confirm based on the site plan received; Riviera Utilities is willing and able to provide electric service to above referenced property. Riviera Utilities requires a 10’ easement along all side property lines and a 15’ easement along all front and rear property lines. Please ensure all property plats reflect the easements. Upon final design, Riviera Utilities will provide estimates for service fees and system installation requirements to meet all Riviera specifications. Please contact the following Riviera employees concerning costs and requirements. Name Department Email Wes Abrams Electric wabrams@rivierautilities.com If you have any questions or comments, contact Riviera Utilities at 251-943-5001. Thank you, James Wallace WGRASS November 21, 2024 MARY BLACKWOOD 811 GERANIUM DR FAIRHOPE, AL 36532 Hello MARY, 30673 Sgt E.I ... Boots" Thomas Dr Spanish Fort, AL 36527 P: 251-544-7900 www.sawgrassllc.com Sawgrass Consulting, LLC would like to invite you to a community meeting on Tuesday, December 3, 2024. The meeting will be held at the Lakewood Tennis Building, 6515 Battles Road, Fairhope, AL 36526 to review and discuss a s1ngle-fam1ly subd1v1sion (Battles Trace Phase 9). Phase 9 of Battles Trace will be located to the north of Battles Trace Phase 5 and to the west of Battles Trace Phase 6. You are being contacted due to being an adjacent property owner to the residential subdivision. and we would like the opportunity to present the preliminary plat to you and answer any questions you may have. If you can't attend, please email any questions or concerns you have to my assistant Heather Bell at l1l;ell@snwgmssllc.corn, we can also be reached at 251-544-7900. Thank yOLJ and we look forward to hearing from you. �dJy Timothy D. Lawley, PE Vice President SAMPLE of ORIGINAL LETTER ORIGINAL SITE PLAN REVISED SITE PLAN SR 24.07 Staggers Mixed Use Site Plan Review City of Fairhope Planning Commission March 6, 2025 OSWALT STBROWN STETTLE STCAIN LN FELS AVE S SCHOOL STMORPHY AVE LARAWAY LNF E L S A V E COLE CT JOHNSON AVE BELLANGEE ST S SECTION STS BANCROFT STBELLANGEE ST JOHNSON AVE GREENO RD NHOYLE AVE VOLANTA AVE CAUSEWAY STDYER RDRESERVE LOOPAUDUBON PL Road Parcel B-1 Local Shopping B-2 General Business P-1 Parking District R-2 Medium Density R-3 TH High Density Project Name: Staggers Mixed Use Site Plan Review Site Data: 0.20 acres Project Type: Site Plan Review Jurisdiction: Fairhope Planning Jurisdiction Zoning District: B-2 PPIN Number: 77834 General Location: South side of Morphy Avenue, West side of South School Street Surveyor of Record: Overstreet & Assoc Engineer of Record: Overstreet & Assoc Owner / Developer: Bon Aventure Too School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approve Prepared by: Mike Jeffries 1 SR 24.07 Staggers Mixed Use Project Site Plan –March 6, 2025 Summary of Request: Request of the Applicant, Overstreet & Assoc., on behalf of the Owner, Bon Aventure Too, is requesting Site Plan approval of Staggers Mixed-Use Project, a 3-unit multiple occupancy project. The property is approximately 0.20 acres and is located on Morphy Avenue west of S. School Street. Setbacks: B-2 requires only a 20ft front setback according to Table 3-2. The CBD mostly eliminates any other setbacks and encourages non-residential buildings to be built at the right-of-way line. The proposed project provides public open space and an extension of the 6’ wide sidewalk provided in the ROW. 2 SR 24.07 Staggers Mixed Use Project Site Plan –March 6, 2025 Building: Building height for the two-story structure is 39’ 1“. Building material proposed is painted brick. The second and third floor will be two (2) residential units. The second floor has a balcony on the front side. The building is setback from the ROW line allowing room for the balcony to be completely inside the property. Complete elevations are included in the packet. First Floor Plan Second Floor Plan 3 SR 24.07 Staggers Mixed Use Project Site Plan –March 6, 2025 Third Floor Plan Parking: Dwelling units must provide parking in the CBD. There are two (2) dwelling units upstairs and two (2) parking spaces are provided at the rear of the building. Two additional parking spaces are proposed in the adjacent ROW. Sidewalks: A sidewalk is proposed in front of the building. The sidewalk is varies in width from 6’ -12’. The areas 6’ are due to proposed landscape islands and a transition to a handicap ramp inside the property. Locations, intensity, and heights of exterior lights: No issues with proposed lighting plan. Mechanical equipment: The building drops down in height towards the rear and the mechanical equipment is located on this lower roof and not visible from the street. Dumpster location and screening: Garbage is city roll out bins stored on a parking pad at the rear of the building. Stormwater and Drainage: Drainage infrastructure exists between the subject property and the adjacent property to the west (Methodist Church). A drainage and ingress/egress easement has been provided between the two properties. Water sheet flows to a trench drain between the properties and captured in inlets around the proposed building to be routed to the existing storm sewer that outfalls to south. Additional storage volume is accounted for in the new storm pipes. Location and size of all signage: Signage will be reviewed at time of a sign permit submittal. Erosion control: Appropriate measures, if any, will be part of the ROW and/or land disturbance permit review process. Utilities: A utility plan was submitted and has been reviewed and approved by the appropriate providers. 4 SR 24.07 Staggers Mixed Use Project Site Plan –March 6, 2025 ADA Requirements: ADA requirements per the Architect are met and at time of building permit will be further verified. Traffic: A traffic study was not warranted. A private drive will be utilized to access the residential parking spaces in the rear. 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 Comprehensive Plan puts an emphasis on the CBD to be the Regional Village Center and focal point of the City. This project adds retail and residential. Both of which complement the CBD. (2) Compliance with any other approved planning documents; Meets. Going vertical lessens more impervious surfaces. Utility tie ins are readily available. (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. Height under maximum for CBD. (7) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values; The additional residential and retail units should not negatively impact the neighborhood. (8) Overall benefit to the community; Meets. The CBD is the original village center and needs both retail/commercial and residential units to thrive. (9) Compliance with sound planning principles; Meets. Going vertical uses empty air space while still meeting dimension requirements for the CBD. (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 are provided. (16) The locations, intensity, and height of exterior lights; Meets (17) The locations of mechanical equipment; Meets (18) Outside storage and/or display; Meets (19) Drive-up window locations (must be away from residential uses/districts and not in front of building); n/a (20) Curb-cut detail and location(s); Provided (21) Parking, loading, and maneuvering areas; Meets (22) Landscaping plan in accordance with the City Landscape Ordinance; Meets (23) Location, materials, and elevation of any and all fences and/or walls; Meets. Railing details confirmed with building permit application. (24) Dumpster location and screening; and Meets (25) Location and size of all signage. Meets. 5 SR 24.07 Staggers Mixed Use Project Site Plan –March 6, 2025 Recommendation: Staff recommends approval of case SR 24.07 Staggers Mixed Use Project. THIS DOCUMENT WAS PREPARED BY: CAROLYN DOHN of STONE, GRANADE & CROSBY, P.C. Post Office Drawer 1509 Bay Minette, AL 36507 (251) 937-2417 4 BALDWIN COUNTY, ALABAMA JUDGE ADRIAN T. JOHNS Filed/cert. 1/3112008 12:53 PM TOTAL $ 45.00 4 Pages -c:::::a c.s::::::» ----.JI c:::v, ARTICLES OF ORGANIZATION OF BON A VENTURE TOO, LLC lllllm~~~ij!l~W[~llf Pursuant to the Provisions of Section 10-12-1, et seq. of the Code of Alabama ( 1975), the undersigned hereby adopt the following Limited Liability Company Articles of Organization. ARTICLE I Name The name of the limited liability company 1s BON A VENTURE TOO, L.L.C. (the "Company"). ARTICLE II Duration The Company shall have a duration from the date of organization which is perpetual, unless it is dissolved and its affairs wound up prior to that date in accordance with the Alabama Limited Liability Company Act (the "Act"). ARTICLE III Purposes The purposes for which the Company is formed are: (a) To buy, sell, rent and develop real estate. (b) To render to others, and to engage in the business of rendering to others, consulting, advisory, administrative, industrial engineering, accounting, bookkeeping and other services of every nature, kind and character, which it may legally render; ( c) To engage in any industrial, manufacturing, mining, mercantile, trading, agricultural, service, or other lawful business of any kind or character whatsoever; (d) To act as agent, representative, or receiver of any person, firm, corporation, or governmental entity or instrumentality in respect to any lawful undertaking or transaction; (e) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use and otherwise deal in or with, real or personal property, or any interest therein, wherever situated, and to sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of real or personal property, or any interest therein; (t) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in, or obligations of, corporation, associations, partnerships, limited liability companies, individuals, or direct or indirect obligations of governmental entities or of any instrumentality thereof; (g) To lend money, invest and reinvest its funds, and take and hold real and personal property as security for the payment of funds so loaned or invested; and (h) To engage in any other lawful act or activity for which limited liabilities companies may be organized pursuant to the Act. ARTICLE IV Registered Office; Registered Agent The location and street address of the initial registered office of the Company shall be Fairhope, Alabama, 36532 and its registered agent at such address shall be William R. Staggers, M.D. and the mailing address of its initial registered office is 101 Fairhope Court, No . 17, Fairhope, Alabama 36532. ARTICLE V Initial Members (and Organizer) The name and address of the members are : William R. Staggers, M .D. 101 Fairhope Court, No. 17 Fairhope, Alabama 36532 The name and address of the organizer is: William R. Staggers, M.D. 101 Fairhope Court, No. 17 Fairhope, Alabama 36532 2 ARTICLE VI Admission of Additional Members Upon the unanimous written consent of the members, the Company may permit the admission of additional members and the terms and conditions of their admission shall be set forth in the Company's Operating Agreement. ARTICLE VII Cessation of Membership The cessation of membership of one or more members will not result in the dissolution of the Company. IN WITNESS WHEREOF, these Articles have been subscribed as of the z,g 't,l day of ~t-) I J ~ , 2008, by the undersigned organizer, who affirms that the statements made herein are true under the penalties of perjury. ST A TE OF ALABAMA COUNTY OF BALDWIN ( /~ \ ~nn 1 .1k_,, v--1 \LY-\ V'Y WILLIAM R. ST AGGERS, M.D. Organizer I, f/19 ..lJet <>t'S .Spive,,. ,aNotaryPublic,inandforsaidCounty in said State, hereby certify that WILLIAM R~ST AGGERS, M.D., whose name is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he executed the same voluntarily on the day the same bears date. Given under my hand and seal this ,231-..'-day of..,_J.;;>,s,1CJr'1 , 2008 . ·-~ ~·· fl-~ ?.:··:--,/_ otary Public ,_,. · .· , - My Commission Expires: S @b/,_;2010 • - I I 00026030.WPD 3 October 21, 2024 City of Fairhope Attn: Hunter Simmons 451 Pecan Ave Suite 200 Daphne, AL 36532 r REF: Permit Application -Morphy Ave Proposed Mixed Use Building Dear Mr. Simmons: Please be advised that Overstreet & Associates of Daphne, Alabama is hereby authorized to act as our agent for permit coordination on the above referenced permit request. Any questions regarding this project may be directed to myself at 251-591-3978. Sincerely, ( ')1-~s ~ '--wwiam taggers Owner ~, i "2..4 .07 I l JP . I I ( OCT 2 2 2024 • ) BY· CJs • ••••••••••••··········· Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 1 of 25 This Instrument Prepared By: Yanya O'Hara, Esq. Hand Arendall Harrison Sale LLC 71 N. Section Street Fairhope, Alabama 36532 251-990-0079 EASEMENT AGREEMENT 2139754 BAIDWIN COUNlY, ALABAMA HARRY D'OUVE, JR. PROBATE JUDGE Filed/cert. 08/06/2024 11:22 AM Total: $85.00 25 Pages THIS EASEMENT AGREEMENT (this "Agreement") is made and entered into as of the 6th day of August 2024 (the "Effective Date"), by and among BON A VENTURE TOO, LLC, an Alabama limited liability company ("BAT"), FAIRHOPE UNITED METHODIST CHURCH, a religious corporation ("FUMC"), and FAIRHOPE SINGLE TAX CORPORATION, a non-profit corporation ("FSTC"). BAT and FUMC are sometimes referred to herein as a "Party" and collectively, as the "Parties". WITNESSETH WHEREAS, FSTC is the owner of certain real property located at 456 Morphy A venue, Fairhope, Alabama 36532, as more particularly described in Exhibit ''A" attached hereto and made a part hereof ("Parcel A"), and that certain real property located at 155 S. Section Street, Fairhope, Alabama 36532, as more particularly described in Exhibit "B" attached hereto and made a part hereof ("Parcel B"); WHEREAS, Parcel A and Parcel B are individually referred to herein as a "Parcel" and collectively as the "Parcels"; WHEREAS, the Parcels are adjacent to and contiguous with each other; WHEREAS, BAT is the lessee of Parcel A pursuant to that certain Ground Lease Agreement dated February 22, 2023, by and between FSTC and BAT, recorded as Instrument No. 2051329 in the records of the Office of the Judge of Probate of Baldwin County, Alabama; WHEREAS, FUMC is the lessee of Parcel B pursuant to that certain Ground Lease Agreement dated November 1, 2001, by and between FSTC and FUMC, recorded as Instrument No. 632710 in the records of the Office of the Judge of Probate of Baldwin County, Alabama; WHEREAS, BAT is currently developing and constructing a mixed use commercial and residential apartment complex on Parcel A (the "Project"); WHEREAS, in connection with the construction, development and operation of the Project, BAT and FUMC acknowledge and agree that certain easements are necessary and appropriate over, under, across and through Parcel B so that the Project can be developed and operated on Parcel A, and that certain easements are necessary and appropriate over, across and through certain portions of Parcel A so that pedestrians and vehicles may ingress and egress Parcel B; WHEREAS, BAT intends to grant herein, as an appurtenance to Parcel B, that certain Parcel A Driveway Easement (hereinafter defined) and that certain Temporary Parcel B Driveway Works Easement (hereinafter defined) (collectively, the "BAT Easements"); WHEREAS FUMC intends to grant herein, as an appurtenance to Parcel A, that certain (i) Parcel B Driveway Easement (hereinafter defined), (ii) Drainage Easement (hereinafter defined) (iii) the Temporary Parcel A Driveway Works Easement (hereinafter defined) and (iv) the Temporary Drainage Works Easement ( collectively the "FUMC Easements"); 1 Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 2 of 25 WHEREAS, the BAT Easements and the FUMC Easements are collectively referred to herein as the "Easements"; WHEREAS, as a component of the Easements, BAT and FUMC also intend to provide herein for certain obligations and restrictions with respect to the operation and maintenance of the Parcels and the facilities and improvements constructed thereon; and WHEREAS, FSTC does hereby join in this Agreement for purposes of acknowledging and consenting to the granting and/or creation of the Easements and nothing more. AGREEMENT NOW, THEREFORE, for and in consideration of the sum of the Easement Payment (hereinafter defined) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, do acknowledge and consent to the following easements, rights, covenants, restrictions and obligations. 1. BAT EASEMENT a. Parcel A Driveway Easement i. BAT does hereby declare, create and establish, for the benefit of and as an appurtenance to Parcel B and as a burden on Parcel A, and does hereby grant, sell and convey unto FUMC, and its employees, agents, contractors, subcontractors, customers, visitors, invitees, licensees, tenants and/or occupants, successors and/or assigns (collectively the "FUMC Permittees"), a perpetual, non-exclusive easement, right and privilege over, upon, under, across and through that portion of Parcel A as depicted on and legally described in Exhibit "C'' attached hereto and made a part hereof (the "Parcel A Driveway Easement Area") for the purpose of providing vehicular and pedestrian ingress and egress over, upon, across and through that portion of the driveway located within the Parcel A Driveway Easement Area (the "Parcel A Driveway") to and from Morphy A venue and Parcel B (the "Parcel A Driveway Easement"). ii. Upon completion of the Parcel A Driveway within the Parcel A Driveway Easement Area, BAT shall periodically inspect, maintain, repair and/or replace, or cause to be inspected, maintained, repaired and/or replaced the Parcel A Driveway located within the Parcel A Driveway Easement Area in good condition and repair, suitable for the safe passage of pedestrians and vehicles. 2. FUMC EASEMENTS a. Easement Payment. For and in consideration of the sum of Ten Thousand and NO/I 00 Dollars ($10,000.00) payable by BAT to FUMC on the Effective Date of this Agreement, FUMC grants the FUMC Easements to BAT, subject to the terms and conditions of this Agreement. b. Parcel B Driveway Easement. i. FUMC does hereby declare, create and establish, for the benefit of and as an appurtenance to Parcel A and as a burden on Parcel B, and does hereby grant, sell and convey unto BAT, and its employees, agents, contractors, subcontractors, customers, visitors, invitees, licensees, tenants and/or occupants, successors and/or assigns (collectively, the "BAT Permittees"), a perpetual, non-exclusive easement, right and privilege over, upon, under, across and through that portion of Parcel B as depicted on and legally described in Exhibit '"D" attached hereto and made a part hereof (the "Parcel B Driveway Easement Area") for the purpose of providing vehicular and pedestrian ingress and egress over, upon, across and through that portion of the driveway located within the Parcel B Driveway Easement Area (the "Parcel B Driveway") to and from Morphy A venue and Parcel A (the "Parcel B Driveway Easement"). 2 Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 3 of 25 ii. FUMC shall periodically inspect, maintain, repair and/or replace, or cause to be inspected, maintained, repaired and/or replaced the Parcel B Driveway located within the Parcel B Driveway Easement Area in good condition and repair, suitable for the safe passage of pedestrians and vehicles. c. Drainage Easement. i. FUMC does hereby declare, create and establish, for the benefit of and as an appurtenance to Parcel A and as a burden on Parcel B, and does hereby grant, sell and convey unto BAT, and the BAT Permittees, a perpetual, non-exclusive easement, right and privilege over, upon, under, across and through that portion of Parcel Bas depicted on and legally described in Exhibit "E" attached hereto and made a part hereof (the "Drainage Easement Area") for the purpose of constructing, tying into, connecting, installing, maintaining, operating and/or repairing certain storm water drainage improvements consisting of a drainage pipe and other facilities and equipment (the "Drainage Improvements") sufficient to transmit and/or carry water drainage from Parcel A to and through the drainage pipe located on Parcel B within the Parcel B Drainage Easement Area (the "Drainage Easement") together with all necessary rights of access, ingress and egress over, upon, under, across and through such Parcel B Drainage Easement Area for purposes of the Drainage Easement. FUMC shall not have the right to relocate the Drainage Easement or the Drainage Easement Area in the future without the prior written consent of BAT. ii. Upon completion of the Drainage Improvements, BAT shall periodically inspect, maintain, repair and/or replace or cause to be inspected, maintained, repaired and/or replaced the Drainage Improvements located within the Drainage Easement Area (the "Drainage Maintenance") in a reasonable manner, ordinary wear and tear accepted, so as to permit use of the Drainage Improvements for flow of storm water through the Drainage Improvements. Subject to Section 4 of this Agreement, FUMC shall have no responsibility or obligation with respect to the Drainage Maintenance, and BAT shall have no responsibility or obligation with respect to the other drainage improvements located on Parcel B. 3. TEMPORARY EASEMENTS a. Temporarv Parcel A Driveway Works Easement. In connection with any construction, installation, inspection, maintenance, repair and/or replacement works to be performed with respect to the Parcel A Driveway within the Parcel A Driveway Easement Area (the "Parcel A Driveway Works"), FUMC does hereby grant, sell and convey to BAT and the BAT Permittees, for the benefit of and as an appurtenance to the Parcel A and as a burden on Parcel B, a temporary easement (the "Temporary Parcel A Driveway Works Easement") in, upon, over, across and through Parcel B for encroachments over, upon, under, across and through those portions of Parcel B lying within twenty (20) feet of the Parcel A Driveway Easement Area as depicted and legally described on Exhibit ·'F'' attached hereto and made a part hereof (the "Temporary Parcel A Driveway Works Easement Area"). The Temporary Parcel A Driveway Works Easement Area shall include an easement and license to enter onto the Temporary Parcel A Driveway Works Easement Area for purpose of ingress and egress for construction vehicles and construction personnel in connection with any Parcel A Driveway Works being undertaken within the Temporary Parcel A Driveway Works Easement Area. In the event BAT undertakes the Parcel A Driveway Works, BAT shall (i) undertake the Parcel A Driveway Works using commercially reasonable efforts to complete such works in a safe and expeditious manner, and (ii) return the Temporary Parcel A Driveway Works Easement Area to a substantially similar condition that the Temporary Parcel A Driveway Works Easement Area existed immediately prior to BAT undertaking the Parcel A Driveway Works. b. Temporary Parcel B Driveway Works Easement. In connection with any construction, installation, inspection, maintenance, repair and/or replacement works to be performed with respect to the Parcel B Driveway within the Parcel B Driveway Easement (the "Parcel B Driveway Works"), BAT does hereby grant, sell and convey to FUMC and the FUMC Permittees, for the benefit of and as an appurtenance to the Parcel B and as a burden on Parcel A, a temporary easement (the "Temporary Parcel B Driveway Works 3 Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 4 of 25 Easement") in, upon, over, under, across and through Parcel A for encroachments over, upon, under, across and through those portions of Parcel A lying within ten (10) feet of the Parcel B Driveway Easement Area as depicted and legally described on Exhibit "G" attached hereto and made a part hereof (the "Temporary Parcel B Driveway Works Easement Area"). The Temporary Parcel B Driveway Works Easement Area shall include an easement and license to enter onto the Temporary Parcel B Driveway Works Easement Area for purpose of ingress and egress for construction vehicles and construction personnel in connection with any Parcel B Driveway Works being undertaken within the Temporary Parcel B Driveway Works Easement Area. In the event FUMC undertakes the Parcel B Driveway Works, FUMC shall (i) undertake the Parcel B Driveway Works using commercially reasonable efforts to complete such works in a safe and expeditious manner, and (ii) return the Temporary Parcel B Driveway Works Easement Area to a substantially similar condition that the Temporary Parcel B Driveway Works Easement Area existed immediately prior to FUMC undertaking the Parcel B Driveway Works. c. Temporary Drainage Works Easement. In connection with any construction, installation, inspection, maintenance, repair and/or replacement works to be performed with respect to the Drainage Improvements within the Drainage Easement Area (the "Drainage Works"), FUMC does hereby grant, sell and convey to BAT and the BAT Permittees, for the benefit of and as an appurtenance to Parcel A and as a burden on Parcel B, a temporary easement (the "Temporary Drainage Works Easement") in, upon, over, under, across and through Parcel B for encroachments over, upon, under, across and through those portions of Parcel B as depicted and legally described on Exhibit "H" attached hereto and made a part hereof (the "Temporary Drainage Works Easement Area"). The Temporary Drainage Works Easement Area shall include an easement and license to enter onto the Temporary Drainage Works Easement Area for purpose of ingress and egress for construction vehicles and construction personnel in connection with any Drainage Works being undertaken within the Drainage Easement Area. In the event BAT undertakes the Drainage Works, BAT shall (i) undertake the Drainage Works using commercially reasonable efforts to complete such works in a safe and expeditious manner, and (ii) return the Temporary Drainage Works Easement Area to a substantially similar condition that the Temporary Drainage Works Easement Area existed immediately prior to BAT undertaking the Drainage Works. d. Notice of Works. A Party seeking to undertake the Parcel A Driveway Works, the Parcel B Driveway Works or the Drainage Works, shall provide the other Party with ten (10) calendar days prior written notice each and every time a Party requires access to and use of the Temporary Parcel A Driveway Works Easement, the Temporary Parcel B Driveway Works Easement and/or the Temporary Drainage Works Easement (collectively, the "Temporary Easements Works Notice"). At such time a Party completes any and all works the subject of the Temporary Easements Works Notice, such Party shall provide written notice to the other Party advising that such works are complete ("Completion Notice"), and such Temporary Easements Works Notice shall terminate effective as of the date of the Completion Notice. 4. DAMAGE TO EASEMENTS Notwithstanding anything contained herein to the contrary, if a BAT/BAT Permittee or a FUMC/FUMC Permittee damages (where such damage results other than from the normal course of use of any improvements located within any portion of the Parcel A Driveway Easement Area, the Parcel B Driveway Easement Area, the Drainage Easement Area, the Temporary Parcel A Driveway Works Easement Area, the Temporary Parcel B Driveway Works Easement Area and/or the Temporary Drainage Works Easement Area (collectively, the "Easement Areas"), destroys, or in any way impairs and/or fails to maintain any improvements located within any portion of the Easement Areas ("Improvements"), the Party responsible for such damage (as applicable, the "Responsible Party") shall repair, replace and/or restore the Improvements located within such portion of the Easement Areas, at the Responsible Party's sole cost and expense, to a substantially similar condition that existed prior to such damage occurring. In the event that the Responsible Party does not repair, replace and/or restore the Improvements located within such portion of the Easement Areas to a substantially similar condition that existed prior to such damage occurring within thirty (30) days upon receipt of demand from a Party who is not responsible for such damage (as applicable, the "Non-Responsible Party"), then the Non-Responsible Party 4 Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 5 of 25 may repair, replace and/or restore the Improvements located within such portion of the Easement Areas and invoice the Responsible Party for the Non-Responsible Party's costs and/or expenses incurred in connection with repairing, replacing and/or restoring the Improvements located within such portion of the Easement Areas (a "Non-Responsible Party Invoice"). The Responsible Party shall pay any Non-Responsible Party Invoice to the Non-Responsible Party within ten (10) calendar days of receipt of a Non-Responsible Party Invoice. If the Responsible Party fails to pay any amount due to the Non-Responsible Party pursuant to a Non-Responsible Party Invoice in accordance with this Section the amount owed shall bear interest from and after the date due at the lessor of (i) the rate of twelve percent (12%) per annum, or (ii) the highest rate permitted by law (the "Default Rate"), and the Non-Responsible Party may pursue any and all available legal remedies to collect any such outstanding amount. 5. INDEMNIFICATION. Each Party shall indemnify and hold every other Party, including the BAT Permittees and/or the FUMC Permittees, as applicable, harmless ( except for loss or damage resulting from the gross negligence or intentional misconduct of such other Party, including the BAT Permittees and/or the FUMC Permittees, as applicable) from and against any and all damages, liability actions, claims and expenses (including, without limitation, reasonable attorneys' fees) in connection with the loss of life, personal injury and/or damage to property arising from, out of, or in any manner connected with the acts or omissions of the indemnifying Party, including the BAT Permittees and/or the FUMC Permittees, as applicable, in exercising the rights and obligations granted and set forth herein. 6. MECHANICS' LIENS In the event that any mechanics', materialmen's or other liens are filed against or become an encumbrance on any portion of Parcel A and/or Parcel B, as applicable, as a result of any works undertaken by the BAT/BAT Permittees, or by FUMC/FUMC Permittees, as applicable (the "Works") the party undertaking the Works (the "Party Undertaking the Works") shall, within fifteen (15) days ofreceipt of written notice of the recording of such lien, obtain by discharge, bond or otherwise the release of any such lien as an encumbrance on Parcel A and/or Parcel B, as applicable. The Party Undertaking the Works shall indemnify, defend and hold harmless the party not undertaking the Works (the "Party Not Undertaking the Works") against any such liens and from any and all expense and liability in connection therewith, including but not limited to attorneys' fees and court costs resulting therefrom. If the Party Undertaking the Works fails to obtain a release of any such lien within such fifteen (15) day period, the Party Not Undertaking the Works may elect (but shall not be obligated to) to cause the release of any such lien to occur, and invoice the Party Undertaking the Works for the Party Not Undertaking the Works' costs and/or expenses incurred in connection therewith. The Party Undertaking the Works shall reimburse the Party Not Undertaking the Works for such invoice amount within five (5) days of receipt of an invoice for such costs and/or expenses. If the Party Undertaking the Works fails to pay any amount due in accordance with this Section, the amount owed shall bear interest from and after the date due at the Default Rate, and the Party Not Undertaking the Works may pursue any and all available legal or equitable remedies to collect any such outstanding amount. 7. RESERVATION OF RIGHTS a. Except as otherwise provided for herein, BAT hereby reserves for itself the full and unrestricted right to use Parcel A (including the portions thereof that are subject to the BAT Easements) for any purposes whatsoever including, without limitation, the right to grant utility easements (by plat or otherwise), and the installation, repair, and maintenance of underground utilities across and under Parcel A, so long as the BAT Easements and rights associated therewith granted hereby are not materially and adversely affected by the exercise of such rights. b. Except as otherwise provided for herein, FUMC hereby reserves for itself the full and unrestricted right to use Parcel B (including the portions thereof that are subject to the FUMC Easements) for 5 Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 6 of 25 any purposes whatsoever including, without limitation, the right to grant utility easements (by plat or otherwise), and the installation, repair, and maintenance of underground utilities across and under the Parcel B, so long as the FUMC Easements and rights associated therewith granted hereby are not materially and adversely affected by the exercise of such rights. 8. COORDINATION OF EASEMENTS To the extent that any portion of Parcel A and/or Parcel B is encumbered by one or more Easements established, granted and/or created herein, the Party whose Parcel is burdened by such Easement(s) shall coordinate any and all actions with respect to construction, inspection, installation, maintenance, repair and/or replacement of any and all improvements located thereon (the "Works") with such Party obligated under this Agreement to undertake the Works, in order to provide for the orderly and harmonious use and operation of such Party's Parcel including any and all Improvements located thereon. 9. SUBORDINATION OF MORTGAGES It is the intention of the Parties, and/or their successors and/or assigns, that the holders of all existing and future deeds of trust, mortgages and/or other interests with respect to each of the Parcels shall acquire and/or hold their respective deeds of trust, mortgages and/or other interests subject and subordinate in all respects to this Agreement and the Easements established, granted and/or created herein, and that the foreclosure or other exercise of rights by such holder shall not terminate or cancel the Easements or this Agreement in any respect. 10. INSURANCE a. BAT and FUMC shall purchase and maintain, and shall cause its contractors, agents, subcontractors and suppliers, as applicable ("Contractors"), to purchase and maintain adequate insurance to protect against the liabilities and obligations of BAT and FUMC under this Agreement, including, without limitation, a commercial general liability insurance policy(ies) with: (a) contractual liability coverage to fully insure any indemnification obligations in this Agreement; (b) coverage for personal injury and property damage; (c) workers compensation as required by the laws of the State of Alabama. b. The insurance policy(ies) required to be procured and maintained by BAT and FUMC and each of its respective Contractors, as applicable, under this Agreement shall be issued by one or more responsible insurance companies licensed to do business in the State of Alabama. BAT and FUMC, as applicable, shall be named as an additional insured under all policies required pursuant to this Agreement and in all events such insurance shall be primary to any liability insurance carried by such Party. All such policies shall contain the following endorsements: (i) that such insurance may not be cancelled or amended except upon thirty (30) days' prior written notice from the insurance company to the applicable Party, and (ii) that such Party shall be solely responsible for the payment of all premiums under such policy, and that the non-procuring Party, shall not have any obligation for the payment of any premiums under such policy. Each Party agrees to deliver to such other Party, all certificates of insurance for all such policies of insurance prior to such Party first exercising its rights hereunder, and at least ten (10) calendar days prior to the expiration of any such policy, such Party, shall deliver to the other Party, as applicable, all certificates of insurance evidencing the renewal thereof. Should a Party fail to provide the insurance coverages required herein (the "Failing Party"), then the other Party shall have the right but not the obligation to procure such insurance and the Failing Party shall promptly reimburse the other Party for any such amounts so expended; provided that nothing herein shall be interpreted as requiring the non- procuring Party, to secure such insurance. 11. REMEDIES a. If a Party defaults in the performance of any obligation under this Agreement (the "Defaulting Party"), which default affects the Parcel of the other Party or any occupant thereof (the "Affected Party"), the Affected Party shall provide written notice of such default to the Defaulting Party ("Notice of Default"), and if 6 Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 7 of 25 the Defaulting Party fails to cure the default within thirty (30) days ofreceipt of the Notice of Default (or if the same cannot be reasonably cured within thirty (30) days, fails to commence said cure with the thirty (30) day period and fails to proceed diligently to cure the same, or in the event of an emergency after such notice as is practical under the circumstances), the Affected Party shall have the right, but not the obligation, to perform such obligation on behalf of the Defaulting Party. In such event, the Defaulting Party shall promptly reimburse the Affected Party for any and all costs and/or expenses incurred by the Affected Party, together with interest thereon from the date of outlay at the Default Rate. Nothing in this Section shall be deemed to limit any other remedy at law or in equity which non-defaulting party may have with respect to such default, including, without limitation, a suit or suits for injunction, specific performance and damages. b. Any action taken or document executed in violation of this Agreement shall be void and may be set aside upon the petition of such Party. Any costs and expenses of any such proceeding (including, without limitation, attorneys' fees in a reasonable amount) shall be paid by the Defaulting Party. c. No delay or omission of any Party in the exercise of any right accruing upon any default of any other Party shall impair such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default. A waiver by any Party of a breach of, or a default in, any of the terms or conditions of this Agreement by any other Party shall not be construed to be a waiver of any subsequent breach of or default under the same provision or any other provision of this Agreement. Except as otherwise specifically provided in this Agreement, no remedy provided for in this Agreement shall be exclusive but each shall be cumulative with all other remedies provided for herein or at law or in equity. d. No breach of the provisions of this Agreement shall entitle any Party to cancel, rescind or otherwise terminate this Agreement, but such limitation shall not affect, in any manner, any other rights or remedies which any Party may have hereunder by reason of any breach of the provisions of this Agreement. 12. MISCELLANEOUS PROVISIONS a. Except as otherwise expressly provided for herein, this Agreement and the easements, rights, obligations and liabilities created hereby shall be perpetual to the extent permitted by law. If, under applicable law, any provision of this Agreement is limited to a lesser term, such lesser term shall automatically apply to such provision but shall not affect the balance hereof. b. Every agreement, declaration, covenant, promise, undertaking, condition, easement, right, privilege, option and restriction made, declared, granted or assumed, as the case may be, in this Agreement shall constitute an equitable servitude on the Parcel owned by such Party, and the benefits and burdens thereof shall run with the title to the Parcels. Any transferee of any part of a Parcel shall automatically be deemed, by acceptance of the title to any portion of such Parcel, to have assumed all obligations of this Agreement relating thereto to the extent of its interest in its Parcel and to have agreed with the then owner or owners of all other portions of the Parcels to execute any and all instruments and to do any and all things reasonably required to carry out the intention of this Agreement. Upon the completion of such transfer, the transferor shall be relieved of all further liability under this Agreement except liability with respect to matters remaining unsatisfied which arose during its period of ownership of the Parcel or portion thereof so conveyed. c. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Parcels to the general public or for any public use or purpose whatsoever, it being the intention of BAT and FUMC, and their successors and assigns that nothing in this Agreement, express or implied, shall confer upon any person, other than BAT and FUMC, and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. No easements, except those expressly set forth herein shall be implied by this Agreement. d. If any provisions of this Agreement, or any portion thereof, or the application thereof to any persons or circumstances, shall to any extent be held invalid, inoperative or unenforceable, the remainder of this 7 Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 8 of 25 Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby. It shall not be deemed that any such invalid provision affects the consideration for this Agreement. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. e. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama. f. The Article headings in this Agreement are for convenience only, shall in no way define or limit the scope of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part hereof. g. Nothing in this Agreement shall be construed to make the Parties partners or joint venturers or render any Party liable for the debts of any other Party. h. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. i. This Agreement may only be amended, modified, or terminated by an agreement in writing, executed and acknowledged by the undersigned Parties or their successors or assigns. Any such amendment, modification or termination shall be recorded in the Office of the Judge of Probate of Baldwin County, Alabama. j. In the event of any dispute concerning enforcement of any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs. k. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute an original, and such counterparts together shall constitute one and the same instrument. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] [SIGNATURES BEGIN ON FOLLOWING PAGE] 8 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 12 of 25 EXHIBIT "A" Parcel A Legal Description Lot nine (9}. per ~lat of lots 8. 9 .and 1 o; in Etters SubdMsion and r•m of lots 1, 2,· 3, 51 6, 7 and 8, Block OM (1). Central Pak Addition, i:imds of the Fairhope Sing~ Tmi: Corporation In the City of Fairhope, Alabama tied for record Odobaf 5, 1949 and reooro~ in Map Book 3, Page 112 (Slide #159-A), ProbiM R~cords of Baldwin County. Alabm'Nl: 'Fra.c'I Section 17, TOWl"11iihip 8 South, Range2 East, Baldwin Coomy.Alatlama. 46--03-37-0-008-055.503 12 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 13 of 25 EXHIBIT "B" Parcel B Legal Description Lot eight (8), per rcplat of tots&, 9 and 10, in Ettel 's Subdivision and replat of I.ms I. 2. 3, 5, 6t 7 !Ind 8, Block one (l ), Central Park Addition to City of Fairhcpe, Alabama filed for record 0.:1ober 5, t 949 and recorded 1n Probate Records in Map Book 3, Page l l 2: Se<:tion 17, T6S, ~. Baldwin County, Alabama. 13 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 14 of 25 ST A TE OF ALABAMA COUNTY OF BALDWIN EXHIBIT "C" Parcel A Driveway Easement Area Legal Description and Depiction BEGINNING AT THE NORTHWEST CORNER OF LOT 9, SURVEY AND RE-PLAT OF LOTS 8, 9 AND 10, IN ETTEL'$ SUBDIVISION AND LOTS 1, 2, 3, 5, 6, 7 AND 8, BLOCK L CENTRAL PARK ADDITION TO CITY OF FAIRHOPE. ALABAMA AS RECORDED IN MAP BOOK 3, PAGE 112, IN THE OFFICE OF PROBATE COURT RECORDS. BALDWIN COUNTY. ALABAMA: THENCE RUN S89°50' 14"E A DISTANCE OF 9.34 FEET TO A POINT, THENCE RUN S00"09'l l"W A DISTANCE OF 132.84 FEET, PARALLEL TO THE WEST UNE OF SAID LOT 9, TO A POINT, THENCE RUN N 89° 50' 14"W, 9.34 FEET TO A POINT; THENCE RUN NO0"' 09' l l"E, ALONG THE WEST UNE OF SAID LOT 9, A DISTANCE OF 132.84 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF MORPHY AVENUE SAID POINT BEING THE POINT OF BEGINNING. CONTAINS 1.240.7 4 SQUARE FEET. 14 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 16 of 25 STATE OF ALABAMA COUNT'!' OF BALDWIN EXHIBIT "D" Parcel B Driveway Easement Area Legal Description and Depiction BEGINNNG AT THE NORTHWEST CORNER OF LOT 9. SURVEY AND RE-PLAT OF LOTS 8, 9 AND 10, IN ETTEL'S SUBDIVISION AND LOTS l. 2. 3. 5, 6, 7 AND 8. BLOC( L CENTRAL PA!iilK ADDmON TO CITY OF FAIRHOPE, AlABAMA AS R8:'.:0RDEU IN MAP BOOK 3. PAGE 112. IN THE OFFICE OF ~OBATE COURT RECORDS .. BALDWIN COUNTY. ALABAMA; THft,,ICf F<:UN S00"09'11"W DISTANCE OF 132.84 FEET TO A POl~H. THENCE RUN 589°50'14"E A DISTANCE OF 10.66 FEET TO A POINT, THENCE RUN N00"09'll"E A DISTANCE OF 132.8-t FEET, THENCE RUN S89°50' U"E .A DISTANCE OF 10.66 PEET TO A POINT ON THE SAID SOUTH R!GHT-OF~WA Y LINE OF MORPH'i' AVENUE-THE POINT OF BEGINNING. CONTANS 1,41609 SQUAREfEET. 16 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 18 of 25 STATE OF ALABAMA COUNTY OF BALDW1N EXHIBIT "E" Drainage Easement Area Legal Description and Depiction BEGINNING AT THE NORTHWEST CORNER OF LOT 9, SURVEY AND REmPLAT OF LOTS 8, 9 AND 10. IN ETTEL'$ SUBDMSION AND LOTS l. 2, 3. 5. 6. 7 AND 8. B_OCK L CENTRAL PARKADDlllONTO CITY Of FAIRHOPE. ALABAMA AS RECORDED IN MAP B-OOK 3. PAGE 11:2. IN THE OFFICE OF PROBATE COURT RECORDS, BALDWIN COUNTY. ALABAMA; THENCE RUN SOCf'09'11"'W DISTANCE OF 115.89 FEET TO A POINT. SAID POINT BEING THE POINT OF BEGINNING. TI-IENCE RUN S00°09'11'W A DISTANCE OF 31.34 FEET TO A. POINT; THB'-JCE RLI N S69°50"14"E A DISTANCE OF 24.SS f::':• TO A POINT, THENCE RUN NC(1'-'0:r'l l"E A DISTANCE Of 31.34 FEET TO A POINT, THENCE RUN S89°50' I 4''E A DISTANCE Of 2.4.85 FEET -THE POINT OF BEGINNING. CONTAINS 777.14 5QUARE FEEL 18 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 20 of 25 EXHIBIT "F" Temporary Parcel A Driveway Works Easement Area Legal Description and Depiction ST ATE Of ALA.SAMA COUNTY OF BAlDWWN BEGINNlt,.IG AT THE NORTHWEST CORNER OF LOT 9, SURVEY AND RE.PLAT OF LOTS 8, 9 AND 10. IN rna·s SUBDNISION ,11t,ND LOTS 1, 2, 3, S, ~. 7 AND·-8, 8lOCK L CENTRAL Pr'.RK ADDmON TOC!IYOF FAIRf--OPE,ALABAMA ASRECORDED IN MAP BOOK3, PAGE 112. IN THE OFFICE OF P~OBAfE COURT RECORDS, BALDWIN COUNTY, ALA6ANI.A; THENCE RUN NBN" 50' 14" W DISTANCE Of 20.CO FEET TO A POINT AlONG SAID SOUTH RIGHT•OF· WAY llNE. THENCE RUN: SOGJ·:)':i' 11 "W A DIS.TA NC E OF 152.84 FEEl TO A POINT, THENCE :'~UN S89~' 14"E A DISTANOE Of 20.00 FEET TO A POINT, THENCE RUN S.00009'1 l'W A DlSTAOCE OF 152,84 FEET TO A Pm NT ON THE SAID SOUTH RIGITT-Of-WAY UNE OF MOR PH'I' AVENUE F THE PONT c.F BEGINNING. CONTAINS 3..056 .. 66 SQUARE FEET. 20 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 22 of 25 EXHIBIT "G" Temporary Parcel B Driveway Works Easement Area Legal Description and Depiction STATE OF ALABAMA COUNT"!' OF BALDWIN 8EGINNING AT THE NORT1-JWEST CORNER OF LOT 9, SURVEY AND RE-f'LAT Of LOTS 8, 9 AND 10, IN ETTEL'S SUBDIVtSION AND LOTS 1. 1, 3, 5. 6. 7 AND 8. BLOCK l. CENTRAL PARK ADDmON TO CITY OF FAIRl-+OPE ALABAMA AS RECORDED IN MAP BOOK. :l PAGE 112. IN THE OFFICE OF PROBATE COURT RECORDS. BALDWIN COUNTY, ALA.SAMA: THENCE RUN S89°50"14"E A DISTANCE OF 10.0D FEET TO A POINT, THENCE RUN S00°09' I rw A DlSTANCE OF 132.8-4 FEET TO A POINT. PARALLEL TO THE WEST UN E OF SAID LOT 9,. THEl'IC E RUN N 89° 50' l 4"W. l 0.00 FEET TO A POINT: THENCE RUN N0CF 09' 11 "E, ALONG THE WEST LINE Of SAID LOT 9, A DISTANCE OF 132.84 FEEi TO A POINT ON THE SOUTH R~HT-OF-WAY LINE OF MORPHY AVEJNUE SAID POINT BEING THE PONT OF BEGNNING. CONTAINS l ,32B.-42 SQUARE FEET. 22 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 24 of 25 EXHIBIT "H" Temporary Drainage Works Easement Area Legal Description and Depiction STATE OF ALABAMA COUNTY OF BALDWIN BEGINNING AT THE NORTHWEST CORNER a: LOT 9, SURVEY AND RE-PLAT OF LOTS B, 9 AND 10, IN ETTEL'S SUBDIVISION AND LOTS 1, 2, 3, 5, 6, 7 AND 8, BLOCr 1, CENTRAL PAfK ADDlllON TO CITY Of FAIRHOPE, ALABAMA AS RECORDED IN MAP BOOK 3, PAGE 112. IN THE OFFICE COURT RECORDS. BALDWIN COUNTY, ALABAMA; THENCE RUN S00"'09'1 l"W DI-STANCE Of 115.89 FEET TO A PrnNT, THENCE RUN S89"50'14"E A DISTANCE OF 9.34 FEET TO A PONT, THENCE NOO'W'l l't A DISTANCE Of 11 . THENCE RUN sa~~so·1 A DISTANCE OF 9.34 F-EET TO A POINT ON! THE SAID SOUTH RIGHT-0F"WAY UNEOF MORPH'( AVENUE -THE POINT OF BEGINNING. CONTAINS l ,vu,c.-.-. SQUARE FEEL 24 SD 25.01 - Staggers Mixed Use Project City of Fairhope Planning Commission March 6, 2025 LARAWAY LNBROWN STMORPHY AVE JOHNSON AVE BELLANGEE ST S SECTION STS BANCROFT STOSWALT ST BELLANGEE ST ETTLE STS SCHOOL STJOHNSON AVE MORPHY AVE B-1 Local Shopping District B-2 General Business District P-1 Parking District R-2 Medium Density Single-Family Residential District R-3 TH High Density Single-Family Townhouse Residential District R-4 Low Density Multi-Family Residential District Road Parcel Project Name: Staggers Mixed Use Site Data: 0.20 acres Project Type: 3-Unit Multiple Occupancy Project Jurisdiction: Fairhope Planning Jurisdiction Zoning District: B-2 PPIN Number: 77834 General Location: South side of Morphy Avenue, West of South School Street Surveyor of Record: Overstreet & Assoc. Engineer of Record: Overstreet & Assoc. Owner / Developer: Bon Aventure Too School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approve Prepared by: Name Mike Jeffries Page 5 of 10 APPLICATION FOR SUBDIVISION PLAT APPROVAL Application Type: Village Subdivision Minor Subdivision Informal (No Fee) Preliminary Plat Final Plat Multiple Occupancy Project Attachments: Articles of Incorporation or List all associated investors Date of Application: ______________________ Property Owner / Leaseholder Information Name of Property Owner: _______________________Phone Number: ___________ Address of Property Owner: ________________________________________________ City: ____________________________ State: _____________ Zip: ____________ Proposed Subdivision Name: ________________________________________________ No. Acres in Plat: _______________________ No. Lots/Units: ___________________ Parcel No: _______________________________ Current Zoning: ___________________ Authorized Agent Information Plat must be signed by the property owner before acceptance by the City of Fairhope Name of Authorized Agent: ______________________Phone Number: ____________ Address: _________________________________________________ City: ____________________________ State: _____________ Zip: ____________ Contact Person: ______________________ Surveyor/Engineer Information Name of Firm: __________________________________Phone Number: ____________ Address: _________________________________________________ City: ____________________________ State: _____________ Zip: ____________ Contact Person: ______________________ Plat Fee Calculation: Reference: Ordinance 1269 Signatures: I certify that I am the property owner/leaseholder of the above described property and hereby submit this plat to the City for review. *If property is owned by Fairhope Single Tax Corp. an authorized Single Tax representative shall sign this application. ___________________________________________ ___________________________________________ Property Owner/Leaseholder Printed Name Signature ___________________________________________ ___________________________________________ Date Fairhope Single Tax Corp. (If Applicable) 1 SD 25.01 Staggers Mixed Use Project – March 6, 2025 Summary of Request: Request of the Applicant, Overstreet & Assoc., on behalf of the Owner, Bon Aventure Too, is requesting approval of Staggers Mixed-Use Project, a 3-unit multiple occupancy project. The property is approximately 0.20 acres and is located on Morphy Avenue west of S. School Street. Comments: Utilities: • A utility plan was submitted and has been reviewed and approved by the appropriate providers. • Garbage is city roll out bins stored on a pad at the rear of the building. Parking: • A traffic study was not required. • Dwelling units must provide parking in the CBD. There are two (2) dwelling units upstairs and two (2) parking spaces are provided at the rear of the building. Two additional parking spaces are proposed in the adjacent ROW. Drainage: • Drainage infrastructure exists between the subject property and the adjacent property to the west (Methodist Church). A drainage and ingress/egress easement has been provided between the two properties. Water sheet flows to a trench drain between the properties and captured in inlets around the proposed building to be routed to the existing storm sewer that outfalls to south. Additional storage volume is accounted for in the new storm pipes. Landscaping: • Landscaping has been provided along the front property line that includes planter boxes, along the west side screening the side of the building, and a shadow box fence is proposed on the east side where stairs to the upper floors and A/C units are located. A required landscape buffer is shown on the rear property line. Recommendation: Staff recommends approval of case SD 25.01 Staggers Mixed Use Project. LEBATRD ARCH . Staggers Site Prepared By: Cummings DRAINAGE CALCULATIONS (25 yr. design s torm w ith 25 yr. relea s e rate) PRE-DEVELOPED SITE CONDITIONS (25 YEAR STORM) S.F . Acres C Factor Buildings/Pond 3,043 0.07 1.00 Woods 0 0 .00 0 .18 Dirt Area 0 0 .00 0.20 Grassed/Cultiv . 2 ,906 0.07 0.25 Gravel Area 0 0 .00 0 .6 0 Paved Area 2,859 0,07 0 .90 Total Area 8.807 0 .20 Weighted C 0.72 Time of cone . 5 (from nomograph) Intensity 9 .8 (from 25 Year IDF Table) Pre -Development Peak Flow: Q = ciA Allowable Release Rate= 1.4 3 (25 Year Storm) POST DEVELOPED SITE CONDITIONS (25 YEAR STORM) S.F . Acres C Factor Buildings/Pond 2 ,883 0.07 1.00 Woods O 0.00 0.18 Grassed Area 1,832 0.04 0.25 Gravel Area 884 0 .02 0 .60 Paved Area 3 .208 0.07 0 .90 Total Area 8,807 0.20 8807.4159 Weighted C= 0 .77 REQUIRED STORAGE FOR 25 YR. STORM (CF)= Volume= Qout= Tc(min .) i25 (in/hr) Qin=ciA Tc•6o •ain Qpre ·Tc•6o 5 9.80 1.52 456 428 6 9.43 1.4 6 527 514 7 9.11 1.41 59 4 599 8 8.80 1.37 655 685 9 8.52 1.32 714 770 10 8.27 1.28 770 856 11 8.01 1.24 820 942 12 7.78 1.21 869 1,027 13 7.56 1.17 915 1,1 13 14 7.36 1.14 959 1,199 15 7.17 1.11 1,001 1,284 16 6 .99 1.08 1,041 1,370 17 6 .82 1.0 6 1,079 1,455 18 6.66 1.03 1,116 1,541 19 6.52 1.01 1,153 1,627 20 6 .38 0 .99 1,188 1,71 2 21 6.25 0 .97 1,222 1,7 98 22 6.13 0 .95 1,2 56 1,883 23 6.01 0 .93 1,287 1,969 24 5.90 0.92 1,318 2,055 25 5.79 0.90 1,348 2,140 30 5.32 0.83 1.486 2,568 35 4.93 0 .76 1,606 2,996 40 4.59 0 .71 1,709 3,424 45 4.31 0 .67 1,806 3,852 50 4.04 0.63 1,881 4,281 416/2 023 28 Req'd Storage 28 13 -6 -29 -57 -86 -121 -158 -198 -239 -283 -329 -3 76 -425 -473 -524 -576 -628 -682 -736 -793 -1,082 -1 ,390 -1,715 -2,0 47 -2,400 Staggers Staggers Mixed Use Building Prepared By: Cummings DRAINAGE CALCULATIONS (100 yr. design storm w ith 25 yr. relea se ra te) PRE -DEVELOPED SITE CONDITIONS (25 YEAR STORM) Buildings/Pond Woods Dirt Area Grassed/Culliv. Gravel Area Paved Area Total Area Weighted C Time of cone . Intensity S.F. Acres C Factor 3,043 0.00 0.95 0 0.00 0.18 0 0.00 0.20 2,908 0 2,859 8 ,810 0 .07 0.00 0.07 0.13 5 (from nomograph) 0.25 0.60 0.90 0.57 11 (from 100 Year IDF Table) Pre-Development Peak Flow: Q = ciA All owable Release Rate= 1.52 (100 Year Storm) POST DEVELOPED SITE CONDITIONS (100 YEAR STORM) S.F. Buildings/Pond 2 ,883 Woods 0 Grassed Area 1,832 Gravel Area 88 4 Paved Area 3,2 08 Total Area 8,8 07 Weighted C= Post-Development Peak Flow : Q = ciA Allowable Release Rate= Ac res C Factor 0.07 0.95 0.00 0.18 0.04 0.25 0.02 0.60 0 .07 0.90 0 .20 0.75 1.67 (100 Year Storm) REQUIRED STORAGE FOR 100 YR. STORM (CF)= 49 Volume in= Tc {min.) i100 (in/hr) Qin=ciA Tc*60*Qin 5 11 .00 1.67 501 6 10.90 1.66 596 7 10.50 1.59 670 8 10 .20 1.55 743 9 10.00 1.52 820 10 9.80 1.49 893 11 9.50 1.44 952 12 9.20 1.40 1,006 13 9.00 1.37 1,066 14 8.70 1.32 1,110 15 8.50 1.29 1,162 16 8.30 1.26 1,210 17 8.10 1.23 1,255 18 7.90 1.20 1,296 19 7.70 1.17 1,333 20 7 .50 1.14 1,367 21 7 .38 1.12 1,412 22 7.26 1.10 1,455 23 7.14 1.08 1,496 24 7.02 1.07 1,535 25 6.90 1.05 1,572 30 6.30 0 .96 1,722 35 5.90 0.90 1,881 40 5.50 0.84 2,004 45 5.10 0.77 2,091 50 4 .58 0.70 2,086 55 4.50 0.68 2,255 60 4.30 0_55POND10P,351 Sept. 22 , 2000 Volume out= Qpre*Tc*60 456 547 638 730 821 912 1,003 1,094 1,186 1,277 1,368 1,459 1,550 1,642 1,733 1,824 1,915 2,006 2,098 2,189 2,280 2,736 3 ,192 3,648 4,104 4 ,560 5,016 5,472 Req'd Storage 45 49 31 14 -1 -19 -51 -89 -120 -167 -206 -249 -296 -346 -400 -457 -503 -551 -601 -654 -708 -1,014 -1,311 -1,644 -2,013 -2,474 -2, 761 -3, 121 Input Data : Project Name: Staggers Project Number 1264 Engineer: Cummings ORIFICE PLATE DESIGN ORIFICE SIZING CALCULATION Q allowable ( cfs) = TOB Elev (ft) = Outlet FL Elev (ft) = Discharge Pipe Diameter (in) = Head Height (ft) = Calculated Orifice Area: Min. Orifice Area Required (ft"2) = Orifice Radius (ft) = Orifice Diameter (ft} = Orifice Diameter (in) = Orifice Diameter Chosen : Orifice Diameter (ft) = Orifice Radius (ft) = Orifice Diameter (in) = Actual Flow: Recalculated Head Height (ft) = Actual Orifice Area (ft"2) = Q Actual (cfs) = 1.52 112.50 108.30 15 3.58 0.16 0.23 0.4536 5.44 0.4375 0.22 5.25 3.90 0.15 1.48 Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 1 of 25 This Instrument Prepared By: Yanya O'Hara, Esq. Hand Arendall Harrison Sale LLC 71 N. Section Street Fairhope, Alabama 36532 251-990-0079 EASEMENT AGREEMENT 2139754 BAIDWIN COUNlY, ALABAMA HARRY D'OUVE, JR. PROBATE JUDGE Filed/cert. 08/06/2024 11:22 AM Total: $85.00 25 Pages THIS EASEMENT AGREEMENT (this "Agreement") is made and entered into as of the 6th day of August 2024 (the "Effective Date"), by and among BON A VENTURE TOO, LLC, an Alabama limited liability company ("BAT"), FAIRHOPE UNITED METHODIST CHURCH, a religious corporation ("FUMC"), and FAIRHOPE SINGLE TAX CORPORATION, a non-profit corporation ("FSTC"). BAT and FUMC are sometimes referred to herein as a "Party" and collectively, as the "Parties". WITNESSETH WHEREAS, FSTC is the owner of certain real property located at 456 Morphy A venue, Fairhope, Alabama 36532, as more particularly described in Exhibit ''A" attached hereto and made a part hereof ("Parcel A"), and that certain real property located at 155 S. Section Street, Fairhope, Alabama 36532, as more particularly described in Exhibit "B" attached hereto and made a part hereof ("Parcel B"); WHEREAS, Parcel A and Parcel B are individually referred to herein as a "Parcel" and collectively as the "Parcels"; WHEREAS, the Parcels are adjacent to and contiguous with each other; WHEREAS, BAT is the lessee of Parcel A pursuant to that certain Ground Lease Agreement dated February 22, 2023, by and between FSTC and BAT, recorded as Instrument No. 2051329 in the records of the Office of the Judge of Probate of Baldwin County, Alabama; WHEREAS, FUMC is the lessee of Parcel B pursuant to that certain Ground Lease Agreement dated November 1, 2001, by and between FSTC and FUMC, recorded as Instrument No. 632710 in the records of the Office of the Judge of Probate of Baldwin County, Alabama; WHEREAS, BAT is currently developing and constructing a mixed use commercial and residential apartment complex on Parcel A (the "Project"); WHEREAS, in connection with the construction, development and operation of the Project, BAT and FUMC acknowledge and agree that certain easements are necessary and appropriate over, under, across and through Parcel B so that the Project can be developed and operated on Parcel A, and that certain easements are necessary and appropriate over, across and through certain portions of Parcel A so that pedestrians and vehicles may ingress and egress Parcel B; WHEREAS, BAT intends to grant herein, as an appurtenance to Parcel B, that certain Parcel A Driveway Easement (hereinafter defined) and that certain Temporary Parcel B Driveway Works Easement (hereinafter defined) (collectively, the "BAT Easements"); WHEREAS FUMC intends to grant herein, as an appurtenance to Parcel A, that certain (i) Parcel B Driveway Easement (hereinafter defined), (ii) Drainage Easement (hereinafter defined) (iii) the Temporary Parcel A Driveway Works Easement (hereinafter defined) and (iv) the Temporary Drainage Works Easement ( collectively the "FUMC Easements"); 1 Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 2 of 25 WHEREAS, the BAT Easements and the FUMC Easements are collectively referred to herein as the "Easements"; WHEREAS, as a component of the Easements, BAT and FUMC also intend to provide herein for certain obligations and restrictions with respect to the operation and maintenance of the Parcels and the facilities and improvements constructed thereon; and WHEREAS, FSTC does hereby join in this Agreement for purposes of acknowledging and consenting to the granting and/or creation of the Easements and nothing more. AGREEMENT NOW, THEREFORE, for and in consideration of the sum of the Easement Payment (hereinafter defined) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, do acknowledge and consent to the following easements, rights, covenants, restrictions and obligations. 1. BAT EASEMENT a. Parcel A Driveway Easement i. BAT does hereby declare, create and establish, for the benefit of and as an appurtenance to Parcel B and as a burden on Parcel A, and does hereby grant, sell and convey unto FUMC, and its employees, agents, contractors, subcontractors, customers, visitors, invitees, licensees, tenants and/or occupants, successors and/or assigns (collectively the "FUMC Permittees"), a perpetual, non-exclusive easement, right and privilege over, upon, under, across and through that portion of Parcel A as depicted on and legally described in Exhibit "C'' attached hereto and made a part hereof (the "Parcel A Driveway Easement Area") for the purpose of providing vehicular and pedestrian ingress and egress over, upon, across and through that portion of the driveway located within the Parcel A Driveway Easement Area (the "Parcel A Driveway") to and from Morphy A venue and Parcel B (the "Parcel A Driveway Easement"). ii. Upon completion of the Parcel A Driveway within the Parcel A Driveway Easement Area, BAT shall periodically inspect, maintain, repair and/or replace, or cause to be inspected, maintained, repaired and/or replaced the Parcel A Driveway located within the Parcel A Driveway Easement Area in good condition and repair, suitable for the safe passage of pedestrians and vehicles. 2. FUMC EASEMENTS a. Easement Payment. For and in consideration of the sum of Ten Thousand and NO/I 00 Dollars ($10,000.00) payable by BAT to FUMC on the Effective Date of this Agreement, FUMC grants the FUMC Easements to BAT, subject to the terms and conditions of this Agreement. b. Parcel B Driveway Easement. i. FUMC does hereby declare, create and establish, for the benefit of and as an appurtenance to Parcel A and as a burden on Parcel B, and does hereby grant, sell and convey unto BAT, and its employees, agents, contractors, subcontractors, customers, visitors, invitees, licensees, tenants and/or occupants, successors and/or assigns (collectively, the "BAT Permittees"), a perpetual, non-exclusive easement, right and privilege over, upon, under, across and through that portion of Parcel B as depicted on and legally described in Exhibit '"D" attached hereto and made a part hereof (the "Parcel B Driveway Easement Area") for the purpose of providing vehicular and pedestrian ingress and egress over, upon, across and through that portion of the driveway located within the Parcel B Driveway Easement Area (the "Parcel B Driveway") to and from Morphy A venue and Parcel A (the "Parcel B Driveway Easement"). 2 Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 3 of 25 ii. FUMC shall periodically inspect, maintain, repair and/or replace, or cause to be inspected, maintained, repaired and/or replaced the Parcel B Driveway located within the Parcel B Driveway Easement Area in good condition and repair, suitable for the safe passage of pedestrians and vehicles. c. Drainage Easement. i. FUMC does hereby declare, create and establish, for the benefit of and as an appurtenance to Parcel A and as a burden on Parcel B, and does hereby grant, sell and convey unto BAT, and the BAT Permittees, a perpetual, non-exclusive easement, right and privilege over, upon, under, across and through that portion of Parcel Bas depicted on and legally described in Exhibit "E" attached hereto and made a part hereof (the "Drainage Easement Area") for the purpose of constructing, tying into, connecting, installing, maintaining, operating and/or repairing certain storm water drainage improvements consisting of a drainage pipe and other facilities and equipment (the "Drainage Improvements") sufficient to transmit and/or carry water drainage from Parcel A to and through the drainage pipe located on Parcel B within the Parcel B Drainage Easement Area (the "Drainage Easement") together with all necessary rights of access, ingress and egress over, upon, under, across and through such Parcel B Drainage Easement Area for purposes of the Drainage Easement. FUMC shall not have the right to relocate the Drainage Easement or the Drainage Easement Area in the future without the prior written consent of BAT. ii. Upon completion of the Drainage Improvements, BAT shall periodically inspect, maintain, repair and/or replace or cause to be inspected, maintained, repaired and/or replaced the Drainage Improvements located within the Drainage Easement Area (the "Drainage Maintenance") in a reasonable manner, ordinary wear and tear accepted, so as to permit use of the Drainage Improvements for flow of storm water through the Drainage Improvements. Subject to Section 4 of this Agreement, FUMC shall have no responsibility or obligation with respect to the Drainage Maintenance, and BAT shall have no responsibility or obligation with respect to the other drainage improvements located on Parcel B. 3. TEMPORARY EASEMENTS a. Temporarv Parcel A Driveway Works Easement. In connection with any construction, installation, inspection, maintenance, repair and/or replacement works to be performed with respect to the Parcel A Driveway within the Parcel A Driveway Easement Area (the "Parcel A Driveway Works"), FUMC does hereby grant, sell and convey to BAT and the BAT Permittees, for the benefit of and as an appurtenance to the Parcel A and as a burden on Parcel B, a temporary easement (the "Temporary Parcel A Driveway Works Easement") in, upon, over, across and through Parcel B for encroachments over, upon, under, across and through those portions of Parcel B lying within twenty (20) feet of the Parcel A Driveway Easement Area as depicted and legally described on Exhibit ·'F'' attached hereto and made a part hereof (the "Temporary Parcel A Driveway Works Easement Area"). The Temporary Parcel A Driveway Works Easement Area shall include an easement and license to enter onto the Temporary Parcel A Driveway Works Easement Area for purpose of ingress and egress for construction vehicles and construction personnel in connection with any Parcel A Driveway Works being undertaken within the Temporary Parcel A Driveway Works Easement Area. In the event BAT undertakes the Parcel A Driveway Works, BAT shall (i) undertake the Parcel A Driveway Works using commercially reasonable efforts to complete such works in a safe and expeditious manner, and (ii) return the Temporary Parcel A Driveway Works Easement Area to a substantially similar condition that the Temporary Parcel A Driveway Works Easement Area existed immediately prior to BAT undertaking the Parcel A Driveway Works. b. Temporary Parcel B Driveway Works Easement. In connection with any construction, installation, inspection, maintenance, repair and/or replacement works to be performed with respect to the Parcel B Driveway within the Parcel B Driveway Easement (the "Parcel B Driveway Works"), BAT does hereby grant, sell and convey to FUMC and the FUMC Permittees, for the benefit of and as an appurtenance to the Parcel B and as a burden on Parcel A, a temporary easement (the "Temporary Parcel B Driveway Works 3 Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 4 of 25 Easement") in, upon, over, under, across and through Parcel A for encroachments over, upon, under, across and through those portions of Parcel A lying within ten (10) feet of the Parcel B Driveway Easement Area as depicted and legally described on Exhibit "G" attached hereto and made a part hereof (the "Temporary Parcel B Driveway Works Easement Area"). The Temporary Parcel B Driveway Works Easement Area shall include an easement and license to enter onto the Temporary Parcel B Driveway Works Easement Area for purpose of ingress and egress for construction vehicles and construction personnel in connection with any Parcel B Driveway Works being undertaken within the Temporary Parcel B Driveway Works Easement Area. In the event FUMC undertakes the Parcel B Driveway Works, FUMC shall (i) undertake the Parcel B Driveway Works using commercially reasonable efforts to complete such works in a safe and expeditious manner, and (ii) return the Temporary Parcel B Driveway Works Easement Area to a substantially similar condition that the Temporary Parcel B Driveway Works Easement Area existed immediately prior to FUMC undertaking the Parcel B Driveway Works. c. Temporary Drainage Works Easement. In connection with any construction, installation, inspection, maintenance, repair and/or replacement works to be performed with respect to the Drainage Improvements within the Drainage Easement Area (the "Drainage Works"), FUMC does hereby grant, sell and convey to BAT and the BAT Permittees, for the benefit of and as an appurtenance to Parcel A and as a burden on Parcel B, a temporary easement (the "Temporary Drainage Works Easement") in, upon, over, under, across and through Parcel B for encroachments over, upon, under, across and through those portions of Parcel B as depicted and legally described on Exhibit "H" attached hereto and made a part hereof (the "Temporary Drainage Works Easement Area"). The Temporary Drainage Works Easement Area shall include an easement and license to enter onto the Temporary Drainage Works Easement Area for purpose of ingress and egress for construction vehicles and construction personnel in connection with any Drainage Works being undertaken within the Drainage Easement Area. In the event BAT undertakes the Drainage Works, BAT shall (i) undertake the Drainage Works using commercially reasonable efforts to complete such works in a safe and expeditious manner, and (ii) return the Temporary Drainage Works Easement Area to a substantially similar condition that the Temporary Drainage Works Easement Area existed immediately prior to BAT undertaking the Drainage Works. d. Notice of Works. A Party seeking to undertake the Parcel A Driveway Works, the Parcel B Driveway Works or the Drainage Works, shall provide the other Party with ten (10) calendar days prior written notice each and every time a Party requires access to and use of the Temporary Parcel A Driveway Works Easement, the Temporary Parcel B Driveway Works Easement and/or the Temporary Drainage Works Easement (collectively, the "Temporary Easements Works Notice"). At such time a Party completes any and all works the subject of the Temporary Easements Works Notice, such Party shall provide written notice to the other Party advising that such works are complete ("Completion Notice"), and such Temporary Easements Works Notice shall terminate effective as of the date of the Completion Notice. 4. DAMAGE TO EASEMENTS Notwithstanding anything contained herein to the contrary, if a BAT/BAT Permittee or a FUMC/FUMC Permittee damages (where such damage results other than from the normal course of use of any improvements located within any portion of the Parcel A Driveway Easement Area, the Parcel B Driveway Easement Area, the Drainage Easement Area, the Temporary Parcel A Driveway Works Easement Area, the Temporary Parcel B Driveway Works Easement Area and/or the Temporary Drainage Works Easement Area (collectively, the "Easement Areas"), destroys, or in any way impairs and/or fails to maintain any improvements located within any portion of the Easement Areas ("Improvements"), the Party responsible for such damage (as applicable, the "Responsible Party") shall repair, replace and/or restore the Improvements located within such portion of the Easement Areas, at the Responsible Party's sole cost and expense, to a substantially similar condition that existed prior to such damage occurring. In the event that the Responsible Party does not repair, replace and/or restore the Improvements located within such portion of the Easement Areas to a substantially similar condition that existed prior to such damage occurring within thirty (30) days upon receipt of demand from a Party who is not responsible for such damage (as applicable, the "Non-Responsible Party"), then the Non-Responsible Party 4 Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 5 of 25 may repair, replace and/or restore the Improvements located within such portion of the Easement Areas and invoice the Responsible Party for the Non-Responsible Party's costs and/or expenses incurred in connection with repairing, replacing and/or restoring the Improvements located within such portion of the Easement Areas (a "Non-Responsible Party Invoice"). The Responsible Party shall pay any Non-Responsible Party Invoice to the Non-Responsible Party within ten (10) calendar days of receipt of a Non-Responsible Party Invoice. If the Responsible Party fails to pay any amount due to the Non-Responsible Party pursuant to a Non-Responsible Party Invoice in accordance with this Section the amount owed shall bear interest from and after the date due at the lessor of (i) the rate of twelve percent (12%) per annum, or (ii) the highest rate permitted by law (the "Default Rate"), and the Non-Responsible Party may pursue any and all available legal remedies to collect any such outstanding amount. 5. INDEMNIFICATION. Each Party shall indemnify and hold every other Party, including the BAT Permittees and/or the FUMC Permittees, as applicable, harmless ( except for loss or damage resulting from the gross negligence or intentional misconduct of such other Party, including the BAT Permittees and/or the FUMC Permittees, as applicable) from and against any and all damages, liability actions, claims and expenses (including, without limitation, reasonable attorneys' fees) in connection with the loss of life, personal injury and/or damage to property arising from, out of, or in any manner connected with the acts or omissions of the indemnifying Party, including the BAT Permittees and/or the FUMC Permittees, as applicable, in exercising the rights and obligations granted and set forth herein. 6. MECHANICS' LIENS In the event that any mechanics', materialmen's or other liens are filed against or become an encumbrance on any portion of Parcel A and/or Parcel B, as applicable, as a result of any works undertaken by the BAT/BAT Permittees, or by FUMC/FUMC Permittees, as applicable (the "Works") the party undertaking the Works (the "Party Undertaking the Works") shall, within fifteen (15) days ofreceipt of written notice of the recording of such lien, obtain by discharge, bond or otherwise the release of any such lien as an encumbrance on Parcel A and/or Parcel B, as applicable. The Party Undertaking the Works shall indemnify, defend and hold harmless the party not undertaking the Works (the "Party Not Undertaking the Works") against any such liens and from any and all expense and liability in connection therewith, including but not limited to attorneys' fees and court costs resulting therefrom. If the Party Undertaking the Works fails to obtain a release of any such lien within such fifteen (15) day period, the Party Not Undertaking the Works may elect (but shall not be obligated to) to cause the release of any such lien to occur, and invoice the Party Undertaking the Works for the Party Not Undertaking the Works' costs and/or expenses incurred in connection therewith. The Party Undertaking the Works shall reimburse the Party Not Undertaking the Works for such invoice amount within five (5) days of receipt of an invoice for such costs and/or expenses. If the Party Undertaking the Works fails to pay any amount due in accordance with this Section, the amount owed shall bear interest from and after the date due at the Default Rate, and the Party Not Undertaking the Works may pursue any and all available legal or equitable remedies to collect any such outstanding amount. 7. RESERVATION OF RIGHTS a. Except as otherwise provided for herein, BAT hereby reserves for itself the full and unrestricted right to use Parcel A (including the portions thereof that are subject to the BAT Easements) for any purposes whatsoever including, without limitation, the right to grant utility easements (by plat or otherwise), and the installation, repair, and maintenance of underground utilities across and under Parcel A, so long as the BAT Easements and rights associated therewith granted hereby are not materially and adversely affected by the exercise of such rights. b. Except as otherwise provided for herein, FUMC hereby reserves for itself the full and unrestricted right to use Parcel B (including the portions thereof that are subject to the FUMC Easements) for 5 Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 6 of 25 any purposes whatsoever including, without limitation, the right to grant utility easements (by plat or otherwise), and the installation, repair, and maintenance of underground utilities across and under the Parcel B, so long as the FUMC Easements and rights associated therewith granted hereby are not materially and adversely affected by the exercise of such rights. 8. COORDINATION OF EASEMENTS To the extent that any portion of Parcel A and/or Parcel B is encumbered by one or more Easements established, granted and/or created herein, the Party whose Parcel is burdened by such Easement(s) shall coordinate any and all actions with respect to construction, inspection, installation, maintenance, repair and/or replacement of any and all improvements located thereon (the "Works") with such Party obligated under this Agreement to undertake the Works, in order to provide for the orderly and harmonious use and operation of such Party's Parcel including any and all Improvements located thereon. 9. SUBORDINATION OF MORTGAGES It is the intention of the Parties, and/or their successors and/or assigns, that the holders of all existing and future deeds of trust, mortgages and/or other interests with respect to each of the Parcels shall acquire and/or hold their respective deeds of trust, mortgages and/or other interests subject and subordinate in all respects to this Agreement and the Easements established, granted and/or created herein, and that the foreclosure or other exercise of rights by such holder shall not terminate or cancel the Easements or this Agreement in any respect. 10. INSURANCE a. BAT and FUMC shall purchase and maintain, and shall cause its contractors, agents, subcontractors and suppliers, as applicable ("Contractors"), to purchase and maintain adequate insurance to protect against the liabilities and obligations of BAT and FUMC under this Agreement, including, without limitation, a commercial general liability insurance policy(ies) with: (a) contractual liability coverage to fully insure any indemnification obligations in this Agreement; (b) coverage for personal injury and property damage; (c) workers compensation as required by the laws of the State of Alabama. b. The insurance policy(ies) required to be procured and maintained by BAT and FUMC and each of its respective Contractors, as applicable, under this Agreement shall be issued by one or more responsible insurance companies licensed to do business in the State of Alabama. BAT and FUMC, as applicable, shall be named as an additional insured under all policies required pursuant to this Agreement and in all events such insurance shall be primary to any liability insurance carried by such Party. All such policies shall contain the following endorsements: (i) that such insurance may not be cancelled or amended except upon thirty (30) days' prior written notice from the insurance company to the applicable Party, and (ii) that such Party shall be solely responsible for the payment of all premiums under such policy, and that the non-procuring Party, shall not have any obligation for the payment of any premiums under such policy. Each Party agrees to deliver to such other Party, all certificates of insurance for all such policies of insurance prior to such Party first exercising its rights hereunder, and at least ten (10) calendar days prior to the expiration of any such policy, such Party, shall deliver to the other Party, as applicable, all certificates of insurance evidencing the renewal thereof. Should a Party fail to provide the insurance coverages required herein (the "Failing Party"), then the other Party shall have the right but not the obligation to procure such insurance and the Failing Party shall promptly reimburse the other Party for any such amounts so expended; provided that nothing herein shall be interpreted as requiring the non- procuring Party, to secure such insurance. 11. REMEDIES a. If a Party defaults in the performance of any obligation under this Agreement (the "Defaulting Party"), which default affects the Parcel of the other Party or any occupant thereof (the "Affected Party"), the Affected Party shall provide written notice of such default to the Defaulting Party ("Notice of Default"), and if 6 Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 7 of 25 the Defaulting Party fails to cure the default within thirty (30) days ofreceipt of the Notice of Default (or if the same cannot be reasonably cured within thirty (30) days, fails to commence said cure with the thirty (30) day period and fails to proceed diligently to cure the same, or in the event of an emergency after such notice as is practical under the circumstances), the Affected Party shall have the right, but not the obligation, to perform such obligation on behalf of the Defaulting Party. In such event, the Defaulting Party shall promptly reimburse the Affected Party for any and all costs and/or expenses incurred by the Affected Party, together with interest thereon from the date of outlay at the Default Rate. Nothing in this Section shall be deemed to limit any other remedy at law or in equity which non-defaulting party may have with respect to such default, including, without limitation, a suit or suits for injunction, specific performance and damages. b. Any action taken or document executed in violation of this Agreement shall be void and may be set aside upon the petition of such Party. Any costs and expenses of any such proceeding (including, without limitation, attorneys' fees in a reasonable amount) shall be paid by the Defaulting Party. c. No delay or omission of any Party in the exercise of any right accruing upon any default of any other Party shall impair such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default. A waiver by any Party of a breach of, or a default in, any of the terms or conditions of this Agreement by any other Party shall not be construed to be a waiver of any subsequent breach of or default under the same provision or any other provision of this Agreement. Except as otherwise specifically provided in this Agreement, no remedy provided for in this Agreement shall be exclusive but each shall be cumulative with all other remedies provided for herein or at law or in equity. d. No breach of the provisions of this Agreement shall entitle any Party to cancel, rescind or otherwise terminate this Agreement, but such limitation shall not affect, in any manner, any other rights or remedies which any Party may have hereunder by reason of any breach of the provisions of this Agreement. 12. MISCELLANEOUS PROVISIONS a. Except as otherwise expressly provided for herein, this Agreement and the easements, rights, obligations and liabilities created hereby shall be perpetual to the extent permitted by law. If, under applicable law, any provision of this Agreement is limited to a lesser term, such lesser term shall automatically apply to such provision but shall not affect the balance hereof. b. Every agreement, declaration, covenant, promise, undertaking, condition, easement, right, privilege, option and restriction made, declared, granted or assumed, as the case may be, in this Agreement shall constitute an equitable servitude on the Parcel owned by such Party, and the benefits and burdens thereof shall run with the title to the Parcels. Any transferee of any part of a Parcel shall automatically be deemed, by acceptance of the title to any portion of such Parcel, to have assumed all obligations of this Agreement relating thereto to the extent of its interest in its Parcel and to have agreed with the then owner or owners of all other portions of the Parcels to execute any and all instruments and to do any and all things reasonably required to carry out the intention of this Agreement. Upon the completion of such transfer, the transferor shall be relieved of all further liability under this Agreement except liability with respect to matters remaining unsatisfied which arose during its period of ownership of the Parcel or portion thereof so conveyed. c. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Parcels to the general public or for any public use or purpose whatsoever, it being the intention of BAT and FUMC, and their successors and assigns that nothing in this Agreement, express or implied, shall confer upon any person, other than BAT and FUMC, and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. No easements, except those expressly set forth herein shall be implied by this Agreement. d. If any provisions of this Agreement, or any portion thereof, or the application thereof to any persons or circumstances, shall to any extent be held invalid, inoperative or unenforceable, the remainder of this 7 Doc# 2139754 Recorded: 08/06/2024 11:22 AM Page 8 of 25 Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby. It shall not be deemed that any such invalid provision affects the consideration for this Agreement. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. e. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama. f. The Article headings in this Agreement are for convenience only, shall in no way define or limit the scope of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part hereof. g. Nothing in this Agreement shall be construed to make the Parties partners or joint venturers or render any Party liable for the debts of any other Party. h. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. i. This Agreement may only be amended, modified, or terminated by an agreement in writing, executed and acknowledged by the undersigned Parties or their successors or assigns. Any such amendment, modification or termination shall be recorded in the Office of the Judge of Probate of Baldwin County, Alabama. j. In the event of any dispute concerning enforcement of any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs. k. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute an original, and such counterparts together shall constitute one and the same instrument. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] [SIGNATURES BEGIN ON FOLLOWING PAGE] 8 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 12 of 25 EXHIBIT "A" Parcel A Legal Description Lot nine (9}. per ~lat of lots 8. 9 .and 1 o; in Etters SubdMsion and r•m of lots 1, 2,· 3, 51 6, 7 and 8, Block OM (1). Central Pak Addition, i:imds of the Fairhope Sing~ Tmi: Corporation In the City of Fairhope, Alabama tied for record Odobaf 5, 1949 and reooro~ in Map Book 3, Page 112 (Slide #159-A), ProbiM R~cords of Baldwin County. Alabm'Nl: 'Fra.c'I Section 17, TOWl"11iihip 8 South, Range2 East, Baldwin Coomy.Alatlama. 46--03-37-0-008-055.503 12 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 13 of 25 EXHIBIT "B" Parcel B Legal Description Lot eight (8), per rcplat of tots&, 9 and 10, in Ettel 's Subdivision and replat of I.ms I. 2. 3, 5, 6t 7 !Ind 8, Block one (l ), Central Park Addition to City of Fairhcpe, Alabama filed for record 0.:1ober 5, t 949 and recorded 1n Probate Records in Map Book 3, Page l l 2: Se<:tion 17, T6S, ~. Baldwin County, Alabama. 13 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 14 of 25 ST A TE OF ALABAMA COUNTY OF BALDWIN EXHIBIT "C" Parcel A Driveway Easement Area Legal Description and Depiction BEGINNING AT THE NORTHWEST CORNER OF LOT 9, SURVEY AND RE-PLAT OF LOTS 8, 9 AND 10, IN ETTEL'$ SUBDIVISION AND LOTS 1, 2, 3, 5, 6, 7 AND 8, BLOCK L CENTRAL PARK ADDITION TO CITY OF FAIRHOPE. ALABAMA AS RECORDED IN MAP BOOK 3, PAGE 112, IN THE OFFICE OF PROBATE COURT RECORDS. BALDWIN COUNTY. ALABAMA: THENCE RUN S89°50' 14"E A DISTANCE OF 9.34 FEET TO A POINT, THENCE RUN S00"09'l l"W A DISTANCE OF 132.84 FEET, PARALLEL TO THE WEST UNE OF SAID LOT 9, TO A POINT, THENCE RUN N 89° 50' 14"W, 9.34 FEET TO A POINT; THENCE RUN NO0"' 09' l l"E, ALONG THE WEST UNE OF SAID LOT 9, A DISTANCE OF 132.84 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF MORPHY AVENUE SAID POINT BEING THE POINT OF BEGINNING. CONTAINS 1.240.7 4 SQUARE FEET. 14 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 16 of 25 STATE OF ALABAMA COUNT'!' OF BALDWIN EXHIBIT "D" Parcel B Driveway Easement Area Legal Description and Depiction BEGINNNG AT THE NORTHWEST CORNER OF LOT 9. SURVEY AND RE-PLAT OF LOTS 8, 9 AND 10, IN ETTEL'S SUBDIVISION AND LOTS l. 2. 3. 5, 6, 7 AND 8. BLOC( L CENTRAL PA!iilK ADDmON TO CITY OF FAIRHOPE, AlABAMA AS R8:'.:0RDEU IN MAP BOOK 3. PAGE 112. IN THE OFFICE OF ~OBATE COURT RECORDS .. BALDWIN COUNTY. ALABAMA; THft,,ICf F<:UN S00"09'11"W DISTANCE OF 132.84 FEET TO A POl~H. THENCE RUN 589°50'14"E A DISTANCE OF 10.66 FEET TO A POINT, THENCE RUN N00"09'll"E A DISTANCE OF 132.8-t FEET, THENCE RUN S89°50' U"E .A DISTANCE OF 10.66 PEET TO A POINT ON THE SAID SOUTH R!GHT-OF~WA Y LINE OF MORPH'i' AVENUE-THE POINT OF BEGINNING. CONTANS 1,41609 SQUAREfEET. 16 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 18 of 25 STATE OF ALABAMA COUNTY OF BALDW1N EXHIBIT "E" Drainage Easement Area Legal Description and Depiction BEGINNING AT THE NORTHWEST CORNER OF LOT 9, SURVEY AND REmPLAT OF LOTS 8, 9 AND 10. IN ETTEL'$ SUBDMSION AND LOTS l. 2, 3. 5. 6. 7 AND 8. B_OCK L CENTRAL PARKADDlllONTO CITY Of FAIRHOPE. ALABAMA AS RECORDED IN MAP B-OOK 3. PAGE 11:2. IN THE OFFICE OF PROBATE COURT RECORDS, BALDWIN COUNTY. ALABAMA; THENCE RUN SOCf'09'11"'W DISTANCE OF 115.89 FEET TO A POINT. SAID POINT BEING THE POINT OF BEGINNING. TI-IENCE RUN S00°09'11'W A DISTANCE OF 31.34 FEET TO A. POINT; THB'-JCE RLI N S69°50"14"E A DISTANCE OF 24.SS f::':• TO A POINT, THENCE RUN NC(1'-'0:r'l l"E A DISTANCE Of 31.34 FEET TO A POINT, THENCE RUN S89°50' I 4''E A DISTANCE Of 2.4.85 FEET -THE POINT OF BEGINNING. CONTAINS 777.14 5QUARE FEEL 18 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 20 of 25 EXHIBIT "F" Temporary Parcel A Driveway Works Easement Area Legal Description and Depiction ST ATE Of ALA.SAMA COUNTY OF BAlDWWN BEGINNlt,.IG AT THE NORTHWEST CORNER OF LOT 9, SURVEY AND RE.PLAT OF LOTS 8, 9 AND 10. IN rna·s SUBDNISION ,11t,ND LOTS 1, 2, 3, S, ~. 7 AND·-8, 8lOCK L CENTRAL Pr'.RK ADDmON TOC!IYOF FAIRf--OPE,ALABAMA ASRECORDED IN MAP BOOK3, PAGE 112. IN THE OFFICE OF P~OBAfE COURT RECORDS, BALDWIN COUNTY, ALA6ANI.A; THENCE RUN NBN" 50' 14" W DISTANCE Of 20.CO FEET TO A POINT AlONG SAID SOUTH RIGHT•OF· WAY llNE. THENCE RUN: SOGJ·:)':i' 11 "W A DIS.TA NC E OF 152.84 FEEl TO A POINT, THENCE :'~UN S89~' 14"E A DISTANOE Of 20.00 FEET TO A POINT, THENCE RUN S.00009'1 l'W A DlSTAOCE OF 152,84 FEET TO A Pm NT ON THE SAID SOUTH RIGITT-Of-WAY UNE OF MOR PH'I' AVENUE F THE PONT c.F BEGINNING. CONTAINS 3..056 .. 66 SQUARE FEET. 20 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 22 of 25 EXHIBIT "G" Temporary Parcel B Driveway Works Easement Area Legal Description and Depiction STATE OF ALABAMA COUNT"!' OF BALDWIN 8EGINNING AT THE NORT1-JWEST CORNER OF LOT 9, SURVEY AND RE-f'LAT Of LOTS 8, 9 AND 10, IN ETTEL'S SUBDIVtSION AND LOTS 1. 1, 3, 5. 6. 7 AND 8. BLOCK l. CENTRAL PARK ADDmON TO CITY OF FAIRl-+OPE ALABAMA AS RECORDED IN MAP BOOK. :l PAGE 112. IN THE OFFICE OF PROBATE COURT RECORDS. BALDWIN COUNTY, ALA.SAMA: THENCE RUN S89°50"14"E A DISTANCE OF 10.0D FEET TO A POINT, THENCE RUN S00°09' I rw A DlSTANCE OF 132.8-4 FEET TO A POINT. PARALLEL TO THE WEST UN E OF SAID LOT 9,. THEl'IC E RUN N 89° 50' l 4"W. l 0.00 FEET TO A POINT: THENCE RUN N0CF 09' 11 "E, ALONG THE WEST LINE Of SAID LOT 9, A DISTANCE OF 132.84 FEEi TO A POINT ON THE SOUTH R~HT-OF-WAY LINE OF MORPHY AVEJNUE SAID POINT BEING THE PONT OF BEGNNING. CONTAINS l ,32B.-42 SQUARE FEET. 22 Doc# 2139754 Recorded: 08/06/2024 11 :22 AM Page 24 of 25 EXHIBIT "H" Temporary Drainage Works Easement Area Legal Description and Depiction STATE OF ALABAMA COUNTY OF BALDWIN BEGINNING AT THE NORTHWEST CORNER a: LOT 9, SURVEY AND RE-PLAT OF LOTS B, 9 AND 10, IN ETTEL'S SUBDIVISION AND LOTS 1, 2, 3, 5, 6, 7 AND 8, BLOCr 1, CENTRAL PAfK ADDlllON TO CITY Of FAIRHOPE, ALABAMA AS RECORDED IN MAP BOOK 3, PAGE 112. IN THE OFFICE COURT RECORDS. BALDWIN COUNTY, ALABAMA; THENCE RUN S00"'09'1 l"W DI-STANCE Of 115.89 FEET TO A PrnNT, THENCE RUN S89"50'14"E A DISTANCE OF 9.34 FEET TO A PONT, THENCE NOO'W'l l't A DISTANCE Of 11 . THENCE RUN sa~~so·1 A DISTANCE OF 9.34 F-EET TO A POINT ON! THE SAID SOUTH RIGHT-0F"WAY UNEOF MORPH'( AVENUE -THE POINT OF BEGINNING. CONTAINS l ,vu,c.-.-. SQUARE FEEL 24 1 ZC 25.02 Hermitage Court PUD Modification – March 6, 2025 Summary of Request: Authorized agent, SE Civil, LLC (Aaron Collins), on behalf of owner, FST and Blue Island Owner’s Association requests a modification of the Hermitage Court PUD shown below and recorded as Slide 2812-C on December 13, 2021. More specifically, Lot 7 (620 Hermitage Court), owned by FST and Will and Marlo Lowery, will gain more square feet from a subdivision of PPIN: 226992, a R-1 zoned lot owned by Robert and Renee Taylor (“Taylor Lot”). The Taylor Lot is not part of the Hermitage Court PUD. See below. Taylor Lot 2 ZC 25.02 Hermitage Court PUD Modification – March 6, 2025 Comments: The application is accompanied by a re-plat. The subdivision and purchase of part of the Taylor Lot is scheduled for February 28, 2025. This staff report was prepared prior to the subdivision and purchase of the Taylor Lot with the assumption of a successful closing prior to the date of the Planning Commission meeting. If the purchase has not been executed prior to the March 6, 2025, Planning Commission meeting then this staff report is moot. Proposed Re-plat There will not be any construction affiliated with the re-plat and modification of the Hermitage Court PUD. There is a 15ft drainage easement at the rear of the current Lot 7. Accessory structures are permitted according to Ordinance 1698 Hermitage Court PUD. Accessory structures in the PUD are per R-1 requirements for accessory structures. The result of this amendment will add the area shown in purple below to Lot 7 of Hermitage Ct, which will increase the zoning district boundary of the PUD known as Hermitage Court PUD. 3 ZC 25.02 Hermitage Court PUD Modification – March 6, 2025 As part of the approval process for the Hermitage Court PUD Applicant was required to submit two (2) bound copies of the Master Development Plan to supplement the Ordinance. Since then, the PUD has been fully developed and an updated Master Development Plan has been submitted with this application that reflects the property transaction and modification of the PUD at hand. A Zoning Map Amendment and the application is reviewed pursuant to the Criteria in Art. II, Section B(1)(e). (1) Compliance with the Comprehensive Plan; Response: Meets. Established residential area. (2) Compliance with the standards, goals, and intent of this ordinance; Response: Meets. (3) The character of the surrounding property, including any pending development activity; Response: Meets. (4) Adequacy of public infrastructure to support the proposed development; Response: Meets. Already an existing subdivision with utilities. (5) Impacts on natural resources, including existing conditions and ongoing post-development conditions; Response: Meets. (5) Compliance with other laws and regulations of the City; 4 ZC 25.02 Hermitage Court PUD Modification – March 6, 2025 Response: Meets. Any future development is subject to all applicable laws of the City. (6) Compliance with other applicable laws and regulations of other jurisdictions; Response: Meets. Any future development is subject to all applicable laws. (7) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and Response: None anticipated. (8) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: None anticipated. Recommendation: Staff recommends approval of ZC 25.02 Hermitage Court PUD modification with the following conditions: 1) Applicant shall submit two (2) bound copies of an updated, complete, and accurate Master Development Plan to accompany this PUD modification. 2) Record the Re-plat with the Baldwin County Probate. Site Map Overall Summary He r m itage Court is a single-family res idential commun ity located on the west side of Blue Is land Street and east of Fai rwood Subdivis ion. It consists of 8 Lots on 4. 70 Acres fo r a dens ity of 1. 7 un its per acre, accessed by a publ ic ri ght of way t hat is mai ntained by The City of Fai r ho pe. 2 January 27, 2025 Hunter Simmons City of Fairhope 451 Pecan Ave Suite 200 Fairhope, Alabama 36532 Civil Engineering & Surveying Re: Hermitage Court PUD Modification -Request for Rezoning & Planned Unit Development Modification Dear Hunter: Attached please find the submittal package for the above referenced project. The project is located at the NW intersection of Blue Island Avenue and Hermitage Court. We are requesting rezoning to Planned Unit Development Modification. The following items are being submitted with this application : l . Zoning Application 2. Agent Authorization for all lots 3. Record Deed of Subject Property 4. Certification of APO's 5. Adjacent Property Owners within 300' 6. PUD Modification Site Plan 7. Replat of Lot 7 8. Aerial Overlay 9. Check for Rezoning $1,000.00 10. Thumb Drive with all above documentation. lfyou have any questions, please don't hesitate to contact me. Planning Director 9969 Windmill Road Fairhope, Alabama 36532 251-990-6566 RESOLUTION NO. 2025-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FAIRHOPE, ALABAMA, TO PROTECT THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PEOPLE RELATING TO THE SUBDIVISION REGULATIONS, RECOGNIZING THE TEMPORARY SUSPENSION OF CONSIDERATION OF CERTAIN RESIDENTIAL MULTIPLE OCCUPANCY PROJECT AND SUBDIVISION APPLICATIONS IN THE CITY OF FAIRHOPE AND FOR OTHER PURPOSES WHEREAS the City Council of the City of Fairhope, Alabama has adopted Ordinance No. 1823 (the “Ordinance”) establishing a temporary suspension of consideration of certain residential multiple occupancy project and subdivision applications by staff and the Planning Commission inside the City of Fairhope for a period of nine (9) months (the “Suspension”); and WHEREAS the Planning Commission finds that the Ordinance and the Suspension are proper and are in the best interests of the health, safety and general welfare of residents in the City of Fairhope. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: Section 1. The Ordinance and the Suspension are hereby adopted, ratified, confirmed and approved the same as if the exact terms and conditions of the Ordinance were set forth herein. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this Resolution, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Resolution be pre-empted by state or federal law or regulation, such decision or pre-exemption shall not affect the validity of the remaining portions of this Resolution or its application to other persons or circumstances. Ordinance No. 1823 Suspension – Subdivision Applications Page -2- ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF FAIRHOPE, ALABAMA AT A REGULAR MEETING THEREOF ON THE 6TH DAY OF MARCH, 2025. __________________________________ Lee Turner, Chairman