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HomeMy WebLinkAboutO-18362208595 10151; BALDWIN COUNTY, ALABAMA HARRY D" SLIVE, JR. PROBATE JUDGE Filed/cert. 09/05/2025 10:17 AM TOTAL $25.00 5 Pages ORDINANCE NO. 1836 AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below: After the appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation of B-2, General Business District, The property of Advantage Holdings, LLC is located at 21905 State Highway 181, Fairhope, AL. PPIN # 66242 Legal Description: (Case number ZC 25.05) Commencing at the point of intersection of the center line of the Silverhill Highway (Alabama Highway No. 104) and the centerline of Belforest Road, which point is now presumed to be the Northeast corner of Section 10, Township 6 South, Range 2 East, Baldwin County, Alabama; run thence South along the centerline of the Belforest Road 661.75 feet to the POINT OF BEGINNING; thence run South 8 9 ° 51' West, 67 3.9 feet to a corner; thence run North 00 ° 30' East, 208.56 feet to a corner; thence run North 89 ° 51' East, 208.56 feet to a corner; thence run South 00 ° 30' West, 78.56 feet to a corner; thence run North 89 ° 51' East, 464.6 feet to a point on the centerline of said Belforest Road; thence run South 130 feet to the POINT OF BEGINNING; EXCEPTING THEREFROM the Belforest Road right-of-way; containing 2.2 7 acres, more or less, in the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 10, Township 6 South, Range 2 East, Baldwin County, Alabama. A map of the property to be rezoned is attached as Exhibit A. The property is hereby initially zoned B-2, General Business District concurrent with Annexation into the City of Fairhope. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Official of the City of Fairhope and that any structure be erected only in compliance with such laws, including the requirements of Ordinance No. 1253. A twenty foot (20) landscape buffer shall be required along all property lines abutting residentially zoned property in compliance with Article V, Section B(2) of the Zoning Ordinance. Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date — This ordinance shall take effect immediately upon its due adoption and publication as required by law. Ordinance No. 1836 Page -2- ADOPTED THIS 25TH DAY OF AUGUST. 2025 PackurreI ouncil President ATTEST: r L a Al anki, MMC City Clerk ADOPTED THIS 25TH DAY OF AUGUST. 2025 ti Sherry Sull' an, ayor a FAI Exhibit A Lieb Engineering Company, on behalf of the Owner, Advantage Holdings B , General Business Di strict conditional annexation �9LABAMP Exhibit A Parcel ID: 0546-02-10-0-000-002.000 PPIN: 66242 L.r, c P. r LLOWBROOK AVE Legend Road O Parcel O R-1 Low Density Single -Family Residential District IME IffLl CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 PETITION FOR ANNEXATION STATE OF ALABAMA COUNTY OF BALDWIN We, the undersigned PETITIONER(S), owner(s) of the lands in fee simple described in the attached EXHIBIT A, such property being without the Corporate Limits of the City of Fairhope, Alabama, but being contiguous to the said Corporate Limits; and such property not lying within the corporate limits or police jurisdiction of any other municipality, do, by these presents, hereby petition the City of Fairhope, a municipal corporation, that said property be annexed into the City of Fairhope, Alabama. The subject land is delineated on the map attached hereto as EXHIBIT B that will be prepared by the City of Fairhope to verify property is contiguous. This petition is filed under authority of Section 11-42-21, Code of Alabama, 1975, as amended. El This petition is for R-1 Zoning i 9/The condition of the Petition is that zoning be established as I� Concurrent with Annexation. (Zoning Request) Is this property colony property Yes No. If this property is colony phe a' ope i e Tax Office must sign as a petitioner. 7)17 C , ( � —,,/ <�— S—, /—" � � Signature of Petitioner Print petitioner's name Signature of Petitioner Signature of Petitioner Physical Address of property being annexed Print petitioner's name Print petitioner's name -561-5 Petitioner's Current Physical Address: Petitioner's Current Mailing Address: z )1 e,3 4 ) S,-l i .--� �; �,-� C5 --�: C-r Z«, F - -L/�, /� (- % 3G5-3 3E53 U Telephone Number(s): ( ��S O - ��" L •� j Home Work Tax Parcel ID Number: �(� "��.� -� _ Size of Property: .Seel a a � 9 ZC zs.)sIL�11�, A P R 2 9 202 BY: ........n�......... Petition for Annexation Page -2- 1 I, O�rrx �. l 1 k. S W\4 a Notary Public in and for said State and County, hereby certify that {RjLjN ck S. SM,Ajn whose name(s) is/are signed to the forgoing Petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal t is day of ~� , 20, .(Seal)�- CQRNELL A. SMITH Notary Public NOTARY PUBLIC y p /�� O ALABAMA STATE AT LARGE M commission expires 1, a Notary Public in and for said State and County, hereby certify that , whose name(s) is/are signed to the forgoing Petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal this day of 20 , (Seal) Notary Public My commission expires 1, a Notary Public in and for said State and County, hereby certify that whose name(s) is/are signed to the forgoing Petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal this day of , 20 , (Seal) Notary Public My commission expires City of Fairhope City Council August 11, 2025 Planning Commission (6 Ayes)(0 Nays) voted to recommend approval of ZC 25.05 Road tJ B-2 General Business District PUD - Planned Unit Development R-1 Low Density Single -Family F_ Parcel OCorporate Limit —STATE HW" 104 I Proiect Name: Smith Straw Site Data: 2.23 acres Proiect Type: Conditional annexation to B-2 General Business District Jurisdiction: Fairhope Planning Jurisdiction Zoni District: h�_.. -- _ N/A PPIN Number: 66242 General location: Southwest of the intersection of State Highway 104 and State Highway 181 '4,prvevof of Record: !Lieb Engineering j �fpglgeer of Record: Iieb Engineering kOwner / Developer. Advantage Holdings School District. Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ Conditions 'Prepared bv: Name ;Michelle Melton K AVE l J�` • 4 r3� .,�►•fit 't �r1i :I fR• HAPPY CAMPER CIR _ c S Pais 4 or 6 APPLICATION FOR ZONING DISTRICT CHANGE Property Owner / Leaseholder Information Name: Advantage Holdings LLC Phone Number: Street Address: 17361 BURWeCKLOOP City: Fakhope State: AL Zip: 36532 Applicant / Agent Information If diff r,ol from almne Nwanxed lever ftom propem owner is miuurd dan swrit is used for representation Name: Chris Lieb with Lieb Engineering Phone Number: 251 97e-9779 Street Address: 1290 Main street Ste E City: Daphne State: AL Zip: 36526 Current Zoning of Property: B-4 Proposed Zoning/Use of the Property: e-2 Property Address: 21905 sT HWY tat Faimope Al 36532 Parcel Number. 05-46-02-l"4310a02.000 Property Legal Description: 623'(S) X 206.6 BEGAT THE NE COR SEC 10 TH S 661.6', TH W 56'(S) i y f VD e n rr ova to , en er evo,o, I n C 4VO.o, to a i o.v , in r m i to Reason for Zoning Change: TH Sl Y27 TA THE �AA yTAIIvIN� 2 A( 6�n1 tti tiF n1 tvt OF Annexation jnto the r.6 of Faithotw NE SEC 10-TBS-R2E (WD) AFF IN01774907 Property Map Attached x YES NO Metes and Hounds Description Attached x YES NO Names and Address of all Real Property Owners within 300 Feet of Above Described Property Attached. x YES NO Character of Improvements to the Property and Approximate Construction Date: None at Kris time Zoning Fee Calculation: Reference: Ordinance 1269 1 certify that I am the property owner/leaseholder of the above described property and hereb submit this application to the City for review. *If property is owne by Single T Cn authorized Si re Single Tax presentative shall sign this a op)p r Property Owner/Leaseholder printed Name Signat e Date Fairhope Single Tax Corp. (if Applicable) Created with Scanner Pre STATE OF ALABAMA COUNTY OF 13ALDWIN CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 PETITION FOR ANNEXATION )( )( We, the undersigned PETITIONER(S), owner(s) of the lands in fee simple described in the attached EXHIBIT A, such property being without the Corporate Limits of the City of Fairhope, Alabama, but being contiguous to the said Corporate Limits; and such property not lying within the corporate limits or police jurisdiction of any other municipality, do, by these presents, hereby petition the City of Fair -hope, a municipal corporation, that said property be annexed into the City of Fairhope, Alabama. The subject land is delineated on the map attached hereto as EXHIBIT B that will be prepared by the City of Fairhope to verify property is contiguous. This petition is filed under authority of Section 11-42-21, Code of Alabama, 1975, as amended, ❑This petition is for R-1 Zoning [13/The condition of the Petition is that zoning be established as Concurrent with Annexation. (Zoning Request) Is this property colony property Yes �No. If this property is colony prop h a' ope 1 e Tax Office must sign as a petitioner. r Signature of Petitioner h Print petitioner's name Signature of Petitioner Print petitioner's name Signature of Petitioner Print petitioner's name Physical Address of property being annexed: �� �--/ , AL Petitioner's Current Physical Address: Petitioner's Current Mailing Address: 2i u5 }.. w1 i`lssr-ti (s--�.�.arc L« r�-� / L�3G�3� ,-k✓C 36S Z 0 Telephone Number(s): Horne Work �,o _ te a. 000 " Tax Parcel ID Number: a.), �- ) C) -C-) "Size of Property: Petition for Annexation Page -2- 1. ev, o �'14 a Notary Public in and for said State and County, hereby certify that Ric ea 5. whose name(s) is/are signed to the forgoing Petition and who Ware known to me; this day appeared before me and, being first duly sworn, acknowledge that helshe/they have voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal is , 29 day of (Seal) CnAA 0tic i CoRNELL A. SMITH Notary Public(( ) NOTA9Y PUBLIC My commission expires 7` 2D4 ALABAMA STATE AT LARGE I 1, a Notary Public in and for said State and County, hereby certify that whose names) is/are signed to the forgoing Petition and who is/are known to me; this day appeared before me and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal this day of , 20 , (Seal) Notary Public My commission expires 1, a Notary Public in and for said State and County, hereby certify that whose names) is/are signed to the forgoing Petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal this day of _ , 20 , (Seat) Notary Public My commission expires Summary of Request: The Applicant/Owner, Advantage Holdings, LLC, requests conditional annexation with rezoning to B-2 "General Business District." The property is approximately 2.23 acres and is located at 21905 State Highway, 181. Lieb Engineering is the authorized agent. Comments The property is currently zoned B-4 "Major Commercial District" by the County. There is one (1) business operating on the subject property: Smith Straw. There is also an existing cell tower. Permitted Uses for Baldwin County B-4 are the following: (a) All uses permitted by right under the B-3 zoning designation (b) Amusement Park (c) Auto convenience market (d) Automobile parts sales (e) Automobile repair (mechanical and body) (f) Automobile sales (g) Automobile service station (q) Motorcycle sales service and repair (r) Movie theatre (s) Recreational vehicle park (h) Automobile storage (parking lot, parking garage) (i) Boat sales and service 0) Building materials (k) Farm implements (1) Flea market (m)Home improvement center (n) Hotel or motel (o) Manufactured housing sales, service and repair (p) Marina (t) Recreational vehicle sales, service and repair (u) Restaurant, drive-in (v) Restaurant, fast food Applicant desires to be zoned B-2 if annexed into the City. B General Bvsiness District- This district is iuteuded to provide oppominity for activities causing noise and lieavv traffic, not considered compatible in the more restrictive business district. These uses also se►AT a regional as well as a local market and require location ni proximity to major transportation routes. Recreational vehicle parks, very Light production and processing activities are mchided. Staff supports B-2 zoning for the subject property if annexed into the City because B-2 is the "most similar district" per Article I, Section C(6)(c) to Baldwin County B-4 zoning. Allowed uses in County B-4 and City B-2 zoning are similar, although not exact. At the time of this application there were multiple businesses on the property. It is the intent to maintain Smith Straw operations on the property. Recent visits to the property reveal that a U-Haul business is also in operation called "Storage Pro, LLC'. Both of which have current business licenses. There is also a communications tower on the property. 1 ZC 25.05 Smith Straw Conditional Annexation B-2 —July 7, 2025 Google Street View last visited on June 24, 2025. Since the property is anticipated to be annexed into the City then City regulations shall apply once the property is outright under the City's jurisdiction going forward as B-2. As such, future development of the site shall come into compliance with city standards. There are incompatible uses on directly adjacent city and county residential zoned property that require buffering. Hollowbrook subdivision is directly south (R-1) with another R-1 parcel to the west. To the north is a Baldwin County RSF-E parcel. The Tree Ordinance makes reference to 10 ft buffer strips along the incompatible property line(s) of the developing property and for property adjacent to public ROWs (Section 20.5-4(11) and (4), respectively, and Article V, Section B(2) reads: 2. Screening a. In any district. all mechanical or operating equipment. materials. or activities not containned -within a builduia. such as drive -through equipment. outdoor storage of materials. stationary machinery. and outdoor sen -Icing activities. shall be enclosed by a wall or fence of solid appearance or tight evergreen hedge not less than six feet in height. If tine owrher elects to build a wall or fence of bare or severe appearance it shall be enhanced with the planting of shrubs. b. In ann- district vi-liere a connnhercial, industrial use abuts a residential use. screenhinng'bufferirhs shall be required, Acceptable screeningtbufferinn: shall include a wall or fence of solid appearance. or tight evergreen hedge not less than six feet (6') in height and a Mventy foot (20') landscaped buffer containing at least one (1) over:story tree and five (5) shrubs per every tweng5 five linear feet (25' ). Because this is a rezoning case, Staff recommends requiring a 20' landscape buffer abutting all residential property that is compliant with Article V, Section B(2) above, but would support planting of trees and shrubs at time of future development. The City Council, with Planning Commission recommendation, has the authority and discretion to determine if any additional conditions are applicable to the zoning case at hand. 2 ZC 25.05 Smith Straw Conditional Annexation B-2 —July 7, 2025 Table 3-1 Use Table from Fairhope Zoning Ordinance }n»rpsay+i I Ter.limoe tWa9ptV.+ti11 I } ssta�me. aSw... sae...ian ti.1s»�: i ! flan iP+�tsllArct La I tD%a I I� I �.••�+aii�r�wrAr.1 �atr il�i`n[✓r�r Ar�wl�lMeirrlew.0 I epAiivri �t>Wwrr.ctu» Wood Pis 'Jonut. : NOW kMOM tM] t �srar + 1�NeT Ei.�i tderd t4wiw tist:r 1&MMMIMod M ! »x I � Juic YrrlwiiwrYLri I lnrlt I %.Y1/ tilV9tw3 I C 6 ®®=="l ©0®Q®I #®===I "KMER ' dKMA1lDI KX""M"l dKE®1111111111111111tIIIIIl 0�70��1 • DIOI M"I 3 ZC 25.05 Smith Straw Conditional Annexation B-2 — July 7, 2025 Citizen Comments Citizen comments received do not favor this conditional annexation. Most of the unflattering comments are about vehicular congestion due to the existing commercial activity and disappointment in ALDOT for missed opportunities to improve the single ingress/egress for the Hollowbrook subdivision when ALDOT was expanding Hwy 181. In addition, the subject property does have a working communications tower upon it, which spurred at least one (1) comment about decreasing property values. The tower has been there for quite some time and current City regulations would not allow such a large tower to be built inside the City limits. If annexed, the cell tower would be a legal non -conforming use. Re -zoning from a County district to a similar city district does not automatically increase any commercial activity in the area. It is currently a heavily commercially zoned area via city or county zoning. See below. R 0" o Conceptual Site Plan - -STATE HWY 104- 1 i aai B2 AAA. I, 4 ZC 25.05 Smith Straw Conditional Annexation B-2 — July 7, 2025 Wetland There are no wetlands whatsoever on the subject property per the Engineer of Record. Utilities Water, Sewer, and Gas shall be supplied by Fairhope Utilities. Riviera will provide power. Criteria — The application shall be reviewed based on the following criteria: (1) Compliance with the Comprehensive Plan; Response: Meets. All corners of Hwys 181 and 104 are considered Suburban Mixed -Use Centers per the Comprehensive Plan. (2) Compliance with the standards, goals, and intent of this ordinance; Response: Applicant intends to annex into the City of Fairhope and fall under the City's development guidelines. (3) The character of the surrounding property, including any pending development activity; Response: Meets. Most of the surrounding property is already commercially zoned by the county or city. The Encounter Commercial Park already has existing businesses and is otherwise developing. (4) Adequacy of public infrastructure to support the proposed development; Response: This is a re -zoning request, without a Site Plan review. Future projects within the subject property shall ensure adequate public infrastructure. (5) Impacts on natural resources, including existing conditions and ongoing post -development conditions; Response: None anticipated. The site is developed. (6) Compliance with other laws and regulations of the City; Response: At the time of any development all applicable laws of the City will be applied. (7) Compliance with other applicable laws and regulations of other jurisdictions; Response: At the time of additional development all applicable laws will be applied. (8) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values, and, Response: The area is an existing commercial hub where such things are commonplace and tolerated. B-2 zoning allows for the same type of impacts that have already happened. (9) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: Staff do not anticipate any significant issues relating to this criterion because already developed and no additional or different uses were submitted with the application. ZC 25.05 Smith Straw Conditional Annexation B-2 -July 7, 2025 Recommendation: Staff and Planning Commission recommend Case ZC 25.05 Smith Straw County zoned B-4 to Fairhope B-2 "General Business District" be Approved with the following condition(s): 1) or.,, id the City with the i t t c=vmmuniG@ti9RS t9 , r to � 2) A twenty foot (20') landscape buffer shall be required along all property lines abutting residentially zoned property in compliance with Article V, Section B(2) of the Zoning Ordinance. 6 ZC 25.05 Smith Straw Conditional Annexation B-2 —July 7, 2025 i � �Wa��C cy4wfr LL�&Wn LQ4t C41fE? �PG16N0,�t®. PE Elm K1NF 31!or ,/� [ .'IIFf 5 Y�INJaun:N r I FNk#'E M1.� 7� » n FOR S FOR REVIEW I C L" Smith Straw/Advantaee Holdings Metes and Bounds Description Commencing at the point of intersection of the center line of the Silverhill Highway (Alabama Highway No. 104) and the centerline of Betforest Road, which point is now presumed to be the Northeast corner of Section 10, Township 6 South, Range 2 East, Baldwin County, Alabama; run thence South along the centerline of the Betforest Road 661.75 feet to the POINT OF BEGINNING; thence run South 8 9 ° 51' West, 67 3. 9 feet to a corner; thence run North 00 ° 30' East, 208.56 feet to a corner; thence run North 89 ° 51' East, 208.56 feet to a corner; thence run South 00 ° 30' West, 78.56feet to a corner; thence run North 89 ° 51' East, 464.6 feet to a point on the centerline of said Betforest Road; thence run South 130 feet to the POINT OF BEGINNING; EXCEPTING THEREFROM the Belforest Road right-of-way; containing 2.2 7 acres, more or less, in the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 10, Township 6 South, Range 2 East, Baldwin County, Alabama. From: KellyReynolds To: planning Subject: Case: ZC 25.05 & ZC 25.05 Date: Wednesday, May 28, 2025 2:27:48 PM 11® Dear Faurhope Plamung Commission: I am a resident of Hollowbrook Subdivision, which is located on 181 just south of 104. I have recently heard of a conditional zoning request for two parcels that backs up to our subdivision. Each request is for B-2. I would like to express my opposition to this. We chose this subdivision because it was not a commercial area. Allowing this zonng change would negatively affect our property values and quality of life. I can't imagine anyone wanting nearly 7 acres of commercial property in their backyard and surrounding where then children play. Another huge factor is the traffic problem already present. With the road merging back to a 2- lane just south of our entrance, traffic is a nightmare! There is no need to add to the problem. I hope you consider my opposition and leave that property as -is. He already has multiple businesses back there, no need to add any more. Thanks! Kelly R. Gambino Agent Coastal Insurance Group ®: kelIy,(r�)coastalinsrgrpLoii7 8 251-680-5586 8; 2 S Florida St.. Mobile, AL. 36606, United States The content of this email is confidential and intended for the recipient specified in message only It is stncfly forbidden to share any part of this message with any third party, without a written consent of the sender If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future From: Archivesmou To: piannjna Subject: Comments re the request to annex Property; Case ZC 25.05 Date: Thursday, June 26, 2025 10:08:48 PM Regarding Case ZC 25.05 Request: Conditional Annexation to B-2 PPIN##: 66242 June 26, 2025 Dear Planning and Zoning Representatives: I am writing to you out of concern for my home and my property as it relates to the above request for annexation of the property in close proximity to my home My home is located in Hollowbrook Subdivision on Hollowbrook Avenue just off Highway 181 in Fairhope. My home faces north and is close to the front of the neighborhood. In front of my home and across the street about 150 feet is a towering approximately 190 foot metal cell tower. This tower was put up without notice to property owners which is required. It was slipped in. This tower represents a health risk with the continuous exposure to constant frequencies being generated coming off this tower. When I live in my home I expect my home to always be a refuge of safety and security. It is unacceptable that someone would be allowed to put up something so irresponsible on their property that it jeopardizes the health and safety of me and my family by effecting the air on and through my home. Further, when a hurricane approaches, I am concerned that any or part of this towner or its attachments will become airborne and become metal projectiles. As a homeowner, I shouldn't have to leave my home out of the concern for danger this tower could become during a hurricane or have to be concerned about the damage that could occur to my home or property. Also, the tower is like having a huge lightning rod close to your home and there is concern about resulting effect that this can have on our homes both above and below ground. The homes on my street have underground utilities. Additionally, the view of the tower is ugly and only takes from the beauty of the homes on my street. In conclusion, my rights as a homeowner should be respected by having safety and security. The tower needs to come down. Respectfully, Rebecca Glennon 9950 Hollowbrook Avenue Fairhope, AL 365321 From: Jena Smart To: Alannho Subject: Fw: Case: ZC 25.04 & ZC 25.05 (Hwy 104 & 181) Date: Wednesday, May 28, 2025 1:15:47 PM Dear Fairhope Planning Commision: I am a resident of Hollowbrook Subdivision which backs up to the two proposed B-2 conditional zoning requests, and I'd like to express my opposition to granting either of these requests. While growth is an integral part of any community, retention of existing residential and "green" areas is just as important. I moved into Hollowbrook subdivision in 2020 and in the last 5 years our small residential subdivision, with only one way in or out, has been bombarded with commercial expansion. We have watched a cell tower erected that looms over several of the homes and will likely have a negative impact on property values. The Publix complex, that took forever to come to fruition, as well as the WaWa and Rockwell Apartment Complex have increased traffic exponentially. Not to mention 4+ years that our subdivision was at the mercy of ALDOT due to the road widening project of Hwy 181. Once this section was completed and abruptly stopped in front of our subdivision entrance and 2-3 other businesses we have been left with erosion and drainage problems at the entrance of our subdivision that the Homeowners Association is having to clean up at our own expense. Not to mention the dangerous situation of where the road merges just past a major intersection with no turn lane for slower moving traffic to enter the gas station, Hollowbrook subdivision, and the two other business just south of Hwy 104/181 intersection. I oppose adding any further commercial property/construction in this same area of our subdivision. Doing so will only add additional erosion, drainage, and traffic concerns which I fear will negatively property values. I hope that the Planning Commission will choose the residents of this area over the commercial expansion with regard to these two zoning requests. Thank you, Jenna Smart 9605 Chariot Ave FairhoDe. AL 36532 W -0'2 M s a an .M aSE ARTICLES OF ORGANIZATION ^ 9 n as OF A.M 2 A rl .rl. /1 ti Q_ "' ADVANTAGE HOLDINGS, L.L.C. o i; 4 AN ALABAMA LIMITED LIABILITY COMPANY Iva ,non The undersigned, for the purpose of forming a limited liability company under Code of Alabama,1975, §10-12-1 et seq, as amended (the "Alabama Limited Liability Company Act") hereby files the following Articles of Organization with the Office of the Judge of Probate, Baldwin County, Alabama and affirms that the facts stated in these Articles of Organization are true and correct: ARTICLE 1 NAME OF COMPANY The name of the limited liability company is ADVANTAGE HOLDINGS, L.L.C., AN ALABAMA LIMITED LIABILITY COMPANY (the "Company"). ARTICLE II DURATION The period of duration of the Company shall be perpetual, provided however, the amp Company is dissolved and the affairs of the Company are wound up in accordance with O the Alabama Limited Liability Company Act. ARTICLE III PURPOSE The purpose for which the Company is formed: V■ (a) To acquire by purchase, exchange, lease, hire or otherwise, real property of every kind, character and description whatever, wherever located, and interests of all kinds in real property; and to hold, own, develop, improve, manage, operate, let as lessor or sublessor, and mortgage such property, to sell an exchange said property and interest in said property; and to obtain, use, dispose of and deal in and with such property in every other manner, either alone or in conjunction with others, as partners, joint ventures or otherwise. (b) The Company is organized with a general business purpose and may transact any other lawful business or activity for which Limited Liability Companies may be organized pursuant to the Alabama Limited Liability Company Act. ARTICLE IV REGISTERED AGENT AND OFFICE The location address of the initial registered office of the Company shall be 9916 Windmill Road, 914, Fairhope, Alabama 36532, and the mailing address of the initial registered office of the Company is 9916 Windmill Road, Fairhope, Alabama 36532. The name of the initial registered agent of the Company at that address is RICHARD S. SMITH. ARTICLE V INITIAL MEMBERS The name and mailing address of the initial Member of the Company is as follows: Name: Mailing Address: Richard S. Smith 9916 Windmill Road, #14 Fairhope, Alabama 36532 ARTICLE VI ADDITIONAL MEMBERS Additional members shall be admitted only upon the unanimous written consent of the then existing Member or Members. ARTICLE VII CONTINUATION OF BUSINESS Upon the occurrence of an event of dissociation of a Member in the Company, the remaining Member or Members of the Company shall have the right to continue the business of the Company; provided that (1) there is at least one remaining Member, and (2) the legal existence of the Company is continued by the unanimous written consent of all remaining Members within ninety days after the occurrence of the event of dissociation. ARTICLE VIII MANAGEMENT The Company shall be managed by its member or members. ARTICLE- IX The Members of the Company shall have no liability for any debt, obligation, or liability of the Company, as provided in the Alabama Limited Liability Company Act. 2 The undersigned, constituting the Members of the Company named in these Articles of Organization in accordance with the Alabama Limited Liability Company Act, executed these Articles of Organization this 2rday of February, 2007. RICHARD S. SMITH -MEMBER STATE OF ALABAMA COUNTY OF BALDWIN I, BRUCE BRAXTON STONE, a Notary Public in and for said County in said State, hereby certify that RICHARD S. SMITH and, 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. irk' Given under my hand and seal on this the�� day of February, 2007. NOTARY PUBLIC My commission expires: THIS INSTRUMENT PREPARED BY: DUCK, CALHOUN & STONE Bruce B. Stone Attorney at Law Post Office Box 1188 319 Magnolia Avenue Fairhope, Alabama 36533 (251 )928-2191 email: bbraxstone(&aol.com Page 5 of 6 CERTIFICATION OF PROPERTY OWNER NOTIFICATION LIST As Required by the City of Fairhope Hearings on Zoning Change applications require notification to all property owners within 300 feet of the property under consideration for the change. This list must be the most current property owners' records available from the Baldwin County Revenue Office. Chris Lieb with Lieb Engineerin By signing below, I . ?applicant) do hereby certify that the property owner list attached to this application was obtained from the Baldwin County Revenue Office and is a complete list of all real property owners/lessees within 300 feet of the parcel submitted for consideration by the Planning 8s Zoning Commission. L� Z-4'i4 4/28/25 Signature of Applicant or Authorized Agent Date of Application PPIN 66242 300 fr variance IParcelNumber Pin IOwnerName _IAddress Address2 City 15tatel Ti PropertyStk Property St Name 105.4601-11-0-000-001,548 226936 FSF AND ROCKWELJ PAULA L 101 NC 54 APT M3 I CARRBORO IFAIRHOPE NC 27p510 21870 ST NWY 181 05-46-02-10-0-000-005,000 40307 JSTAPLE70N, A WESLEY AND STAPLI 9814 STATE HIGH WAY 104 JAL 136532 9814 ST HWY ID4 05.46.02-10.04300-W2.000 --- -QOD3.501 66242IADVANTAGE HOLDINGS LLC 17381 BURWICK LOOP IFAIMOPE JAL 36532 2190S _ STHWY IRI OS-4— -11. 152471FST AND ROCKWELL,KENNETHETA 21748 ST HWY 281 FAAIRHOPE JAL 3G532I 21850 STHWY 181 05.46-02-10-0-000-030,OD4 261846'HOLLOWBROOKPROPERTY OWNEJJ82PLANTATION POINTE BOX 253 1 FAIRHOPE JAL 365321 6 HOLLOWBROOKAVE 05-46-01-11-0-000-001,526 T7690 FST AND UNIVERSITY OF SOUTH A11775 N UNIVERSITYBLVD STE 150 MOBILE Al 36608 21890 ST HWY 182 105.46-0Z-10.0-000-001.000 19W2. GOLD KIST CORNER L L C 108215TATE HIGH WAY 104 �FAIRHOPE L JA 36532 21973 ST HWY 181 105-46-02-10-0-000-OM.000 _ 44627 SEALE GLENN D JR (LIFE ESTATE) 989857ATEHIGHWAY104 _ �FAIRHOPE AL 35532 9898 JSTHWY 104 I05-46-02-10.0-000-030,021 261863 JANETTAVERNARENTALS LLC 129CHESTNUTRIDGE FAIRHOPE_ --JAL 36532 9839 �Hm6WBROOKAVE OS•46-02-SO0.000-030.013 26i855 HOLIOWBROOK pROPEflTY0WNE 83 PLANTATION pQINTE BO— FAIRHOPE JAL 35532 0 HOLLOWBROOKAVE 105.46-02-10-0.000-030.014 J 261856 JEFFRIES,JEANAE PO BOX1762 FAIRHOPE IAL 36533I 9961 HOLLOWBROOKAVE 105.46-02.10.0.000-030,018 1261MO MCGREWMEGGANELIZABETH 9B99HOLLOWBROOKAVE FAIRHOPE IAL 35532 9899 HOLLOWBROOKAVE 105.46-02-10.0-000.030.CI7 1251859i,JANETTAVERNA RENTALS LLC 129CHESTNUT RIDGE �FAIRHOpE JAL 36532I 9913 HOLLOWBROOKAVE 05-46-02-10-0-000-030.015 267$57jKESSLER,NICHOLASAETALKESSLE35585DESFREHANAVE TBAYMINETTEIAL 365071 9947 HOLLOWBROOKAVE OS-4602.10-0A00-D90A22 261M RYLEE, WILLIAM WESLEY 9823 HOUL& ROOKAVE I IFAIRHOPE AL 36532 J 9823 IHOLLOWBROOKAVE I_ OS 46OL3 -02-10.0.000.0.012 251854 HOLLOWBROOK PROPERTY OWNS 82 PLANTATION POINTE )BOX 253 IFAIRHOPE Al. 355321 O JHOLLOWSROOKAVE 105.46-02.10-0-000.03D.005 252847 HOLLOWBROOK PROPERTY OWNEi,82 PLANTATION POINTE IBOX 253IFAIRHOPE JAL 365321 0 HOLLOWBROOKAVE — •---105-46-02-10-0-WO-030.007 251849 GLENNON,REBECCAA9950901110INBR00KAVE ! _ FAIARM AL 3GS321 9950 _ HOLLOWBROOKAVE 05-46-02-30.0-D00-D30.020 261M MEDVED,KARENL 34680BAPTIST BALLPARK RDNJ 105-46-02-10-0-000-030.006 261US JANETTAVERNA RENTALS L L C 129 CHESTNUT RIDGE STAPLETON I FAIRHOPE AL IAL_ 36579 36532 9853 9%4 HOILLOWBROOKAVE HOLLOWBROOK AVE I05-46-02-140-WD-D30.019_ 251861 COO LEY-ROBINSON,ROBYNKRIS 9885HOLLOWBROOKAVE I FAIRHOPE JAL 36532SINS HOLLOWBROOKAVE 05.46.02-10.0.000-OW.039 261981 HOLLOWBROOK PROPERTY OWNS 82 PLANTATION POINtE BOX 253 FAIRHOPE AL 365321 0 HOLLOWBROOK AVE 105-46-02d0-D-OOD-030.006 261950 BRYAN DALE EDWARO II AND SCHILj9936 4OLLOW8R00K AVE J FAIRHOPE AL 365321 9936 HOLLOWBROOK AVE I05.46-02-10.0-000-D30.01D 1251952 EDWARDS KARLA 19909 HOLLOWS ROOK AVE J FAIRHOPE AL 36532 ] 9908 HOLLOWBROOKAVE 10S-46-02-10.0-000-030.016 1261958 LYDA, FRANCES GABRIE CT HILL AL 36532 9888 HOLLOWBROOK AVE CORY ETAL WEB14221 , BR -- FAIAH FAIRHOPE AL _ 36532 9888 HOU.OWBROOKAVE 105-45-02.10-0-000-030.009 11226611985531 RUM LCNlAMIN 1988BHDLLOVYBRQDKAVE 19460STHWY181 {FAIRHOPE _ AL 136532 9922 HOLLOWBROOKAVE 8'ATA L7FALARANlA - BALDUMN OOUNTY r L TE DDY J. FAU67, JR-, Revenua (:0im lj"j4 ar In and for said State and County, do 9cr cby coW"y tti3tthis is a true and carrect copy orlho reco rd3 of twit office, fiY'Ye11 i�iaR1Y015Si ��N 4/29/2025