HomeMy WebLinkAboutO-1708ORDINANCE NO. 1708
AN ORDINANCE AMENDING ORDINANCE NO. 1253
KNOWN AS THE ZO ING ORDINANCE AND
AME DING ORDINANCE 0.1664
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 ofFairhope, be and the same hereby is changed and altered in
respect to that certain property described below :
After the appropriate public notice and hearing of the Planning Commission of the City of
Fairhope, Alabama has forwarded a favorable recommendation,
The property ofGayfer Village Partners, Inc . generally located on the west side of State Hwy.
181 between Gayfer Road and Fairhope A venue , Fairhope, Alabama.
KLUMPP PUD AMENDME T
PPIN #: 24160, 236701 and 316793
Legal Description: (Case number ZC 20.10)
COMMENCE AT A RAILROAD SPIKE AT THE NORTHEAST COR ER OF SECTIO
15 , TOWNSHIP 6 SOUTH, RA GE 2 EAST, BALDWIN COUNTY , ALABAMA; RU
THE CEWEST,ALO GTHE ORTHLINEOFSAIDSECTIO 151320.55FEETTOA
POI T ; RUN THE CE SOUTH 00-22-18 WEST, 29.73 FEET TO A CAPPED REBAR
MARKER ON THE SOUTH RIGHT-OF-WAY LINE OF GA YFER A VENUE FOR THE
POI T OF BEG! ING OF THE PROPERTY HEREI DESCRIBED , SAID POI T
BEI GTHE ORTHEASTCORNEROF "WHITEGROVESUBDIVISIO , UNITTWO"
AS RECORDED O SLIDE 1344-B IN THE BALDWIN COUNTY PRO BA TE RECORDS ,
CONTINUE THENCE SOUTH 00-22-18 WEST, ALONG THE EAST LI E OF SAID
SUBDIVISION, 1298.08 FEET TO A CAPPED REBAR MARKER AT THE SOUTHEAST
CORNER OF SAID SUBDIVISION ; RUN THENCE SOUTH 00-56-09 WEST, 1297 .18
FEET TO A CAPPED REBAR MARKER O THE NORTH RIGHT-OF-WAY LINE OF
FAIRHOPE A VE UE ; RUN THE CE SOUTH 89-55-36 EAST, ALO G SAID RIGHT-
OF-W A Y LINE, 1178 .82 FEET TO A CAPPED REBAR MARKER; RUN THE CE
ORTH 45-24-21 EAST , 132 .28 FEET TO A CAPPED REBAR MARKER ON THE WEST
RIGHT-OF-WAYLI EOFCOU TYROAD27;RU THE CENORTH00-44-18EAST,
ALO G SAID WEST RIGHT OF WAY LI E , 229.22 FEET TO A CAPPED REBAR
MARKER; THENCE CONTINUE NORTH 00-44-18 EAST, ALONG SAID RIGHT-OF-
WAY, 107.86 FEET TO A CAPPED REBAR MARKER; THENCE RUN NORTH 04-44-33
EAST, ALONG SAID RIGHT-OF-WAY , 100.24FEETTO A CAPPED REBAR MARKER;
THE CERU ORTH00-44-18EAST,ALO GSAIDRIGHT-OF-WAY ,433.00FEET
TO A CAPPED REBAR MARKER ; RU THE CE ORTH 00-44-18 EAST, ALO G
SAID RIGHT-OF-WAY LINE , 1562.96FEETTOACAPPEDREBARMARKERO THE
SOUTH RIGHT-OF-WAY LINE OFGAYFERAVENUE; RUN THENCE SOUTH 89 -57 -26
WEST, ALONG SAID RIGHT-OF-WAY LI E , 1282 .66 FEET TO THE POI T OF
BEGIN I G ; CO TAI I G 75 .93 ACRES , MORE OR LESS.
1. That, attached as "Exhibit A" is an approved site plan. The property must develop in
substantial conformance with the approved site plan and supporting documents. Any
substantial deviation from the attached site plan , as determined by the Director of
Planning, will require re-approval by the Planning Commission and the City Council
of the City of Fairhope, Alabama, as a PUD amendment.
Ordinance No. 1708
Page -2-
2. That, the following development regulations shall govern:
A master drainage plan shall be required for the entire site and included with the initial
subdivision application creating units 1-3 .
City of Fairhope Site Plan Review (Zoning Ordinance) shall be mandatory for each lot within
units 1-3 .
City of Fairhope Subdivision Regulations (including Multiple Occupancy Project provisions as
applicable) shall be required for the creation of all lots and units within the Klumpp PUD .
In addition to the greenspace buffer on Fairhope Avenue and Gayfer Road, a 20' greenspace
and tree preservation strip shall be provided along State Highway 181.
Construction of sidewalks shall be done at the time of development of the internal roadways .
A 45 ' combined setback and buffer shall be maintained along the western property line of the
development. The western most 1 O' shall meet the Section 20.5-4 of the City of Fairhope Tree
Ordinance.
UNIT 1:
Lots: There shall be a maximum of 12 commercial lots.
Site Plan Review: A stand-alone site plan review shall be required for each lot.
Use: Commercial uses shall be restricted to the B-2 requirements in the Fairhope Zoning
Ordinance.
Dimension Standards: Setbacks , building height, and lot coverage shall be per the B-2
requirements.
Drainage and Detention: Each lot shall provide its own stormwater control and detention and
shall meet the Storm water Standards requirements in the Fairhope Subdivision Regulations.
Parking: Parking shall be located to the side or rear of the buildings. Parking shall meet the
requirements of the Fairhope Zoning Ordinance.
UNIT 2:
Lots: There shall be one lot.
Units: The number of units shall not exceed 233 units.
Site Plan Review: A stand-alone site plan review shall be required.
Multiple Occupancy Project Review : A multiple occupancy project review shall be required .
Use: The use of Unit 2 shall be restricted to the R-3 requirements in the Fairhope Zoning
Ordinance.
Dimension Standards: The setbacks, building height, and lot coverage shall be per the R-3
requirement. The R-3 minimum lot width shall not apply , and the lot dimension shall be as
shown on the site plan.
Drainage and Detention: Drainage and detention shall meet the Storm water Standards
requirements in the Fairhope Subdi v ision Regulations.
Ordinance No . 1708
Page -3 -
Parking: Parking shall meet the requirements of the Fairhope Zoning Ordinance.
Greenspace: Twenty percent (20 %) greenspace shall be required as shown on the site plan .
Provided retention/detention shall not encroach into required greenspace other than those
methods approved within the City of Fairhope Subdivision Regulations and/or as approved
during MOP/Site Plan Review.
U IT 3:
Lots: There shall be one lot.
Site Plan Review: A stand-alone site plan review shall be required .
Use: The uses of Unit 3 shall be restricted to convalescent, nursing, or assisted living .
Dimension Standards: The setbacks, building height, and lot coverage shall be per the R-3
requirement. The R-3 minimum lot width shall not apply, and the lot dimen si on shall be as
shown on the site plan.
Drainage and Detention: Drainage and detention shall meet the Storm water Standards
requirements in the Fairhope Subdivision Regul atio ns.
The Planned Unit Development (PUD) known as Klum pp PUD is hereby amended. This
property shall hereafter be lawful to construct on such property any structures permitted by
Ordin ance o. 1253 and to use said premises for any use permitted or building sought to be
erected on said property shall be in compliance with the building laws of the City of Fairhope
and that any structure shall be approved by the Building Official of the City of Fairhope and
that any structure be erected only in compliance with such laws , including the requirements of
Ordinance No. 1253 .
Severability Clause -if any part, section or ubdivision 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 -Thi ordinance shall take effect immediately upon its due adoption and
publication as required by law.
Adopted and approved this 26th day of April , 2021.
Attest:
Adopted and approved this 26th da
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0¥ CI TY OF FAIRHOPE mf.E OAOINANCE
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UNIT2·!NTERNAL.STREETS
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TREES 1N 6' PL...t.HTING STRIP A.T 61).80' 0 C. STREET TAfES SHALL BE SELECTED
FROM SECTl()N 20 ~13 {OVERlA.Y TREES) OF CI TY OF FAIRHOPE TREE OR01NANCE
(SPACING ADJUSTED FOR ORlVEWA.YS ANO VTIUTIES.J
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lJNIT J: fAJRHOf'f AVf HIGHWAY 181 ANQ CA,Yf'ER A0M) FRQHTAGES
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TREES PROVlOEO A.T 45'0.C. STREET TREES Sl'W.L 8E SELECTfO FROM
SECTION 20 ~13 (OVERLAY TREES) OF CITY OF FAIRHOPE TREE OA:OINAHCE
!SPACING AO.A.ISTEO FOR OAIVEWAYS ANO UTILITIES I
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lJNrT 2· INTERNAi. SIQEWA1,K5
FINAi. CROSSING LOCATIONS TO 8E COORDINATE O~NG FINAL St TE PERMITTING
At.L SIDEWALKS TO 8E s· MlN GENEAAt.L Y AS SHOWN TO PROVIDE INTE~NNECTION
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PROPERTY DESCRIPTION
STATE OF A1.ABAMA
COUNTY Of BALDWIN
COMMENCE AT A RAILROAD SPIKE A 1 THE NORTHEAST CORNER OF SECTION 15,
TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, A!.ABAMA: RUN THENCE
WEST, ALONG THE NORTH LINE Of SAID SECTtON 15 1320.5!i FEET TO A POINT; RUN
THENCE SOUTH 00-22-18 WEST, 29.73 FEET TO A CAPPED REBAR MARKER ON THE
SOUTH RIGHT-OF-WAY LI NE OF GAYFER AVENUE FOR THE PO INT Of BEGINNING OF
THE PROPERTY HEREI N DESCRIBED, SAID POINT BEING THE NORTHEAST CORNER
OF "WHITE GROVE SUBDIVISION, UNIT TWO' AS RECORDED ON SllOE 1 34◄ -8 IN THE
BAl..DWIN COUNTY PROBATE RECORDS . CONTINUE THENCE SOUTH 00-22-1 8 WEST .
ALONG THE EAST LINE OF SAID SUBDI\IISION , 1298 06 FEET TO A CAPPED REBAR
MARKER AT THE SOUTHEAS T CORNER OF SAID SUBDIVISION, RUN THENCE SOUTH
00-56-09WEST, 1297.18 FEET TOA CAPPED REBAR MARKER ON THE NORTH RJGHT -
OF-WAY UNE OF FAIRHOPE AVENUE; RUN THENCE SOUTH 89-55-36 EAST, ALONG
SAID RIGHT-OF-WAY UNE. 1178.82 FEET TO A CAPPED REBAR MARKER, RUN THENCE
NORTH <lS-24-21 EAST. 132.28 FEET TO A CAPPED REBAR MARKER ON THE wes-
RIGHT-Of-WAY LINE Of COUNTY ROAD 27, RUN THENCE NORTH 00--4'-18 EAST,
ALONG SAIOWESTRIGHT-OF-WAYUNE, 229 22 FEET TOACN'PEO REBAR MARKER.
THENCE CONTIM.JE NORTH 00-44-18 EAST, ALONG SAID RtGHT-OF-WAY, 107 86 FEET
TO A CAPPED REBAR MARKER; THENCE RUN NORTH 04~4-33 EAST, ALONG SAID
RIGHT-OF-WAY. 100.2-4 FEET TO A CAPPED REBAR MARKER, THENCE RUN NORTH 00-
44--18 EAST, Al.ONG SAID RIGHT-OF-WAY, 433.00 FEET TO A CAPPED REBAR MARKER,
RUN THENCE NORTH 00-4'·1 8 EAST, ALONG SAID RIGHT-OF-WAY LINE, 1562.96 FEET
TO A CAPPED REBAR MARKER ON THE SOUTH RIGHT-OF-WAY LI NE OF GAYFER
AVENUE: RUN THENCE SOUTH 89-57-26WEST , ALONG SAID RIGHT-OF-WAY LINE
1282.66 FEET TO THE POINT Of BEGINNING· CONT A!NING 75.93 ACRES, MORE 0~
LESS.
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n«~Urydunn&!>Jtepl•"""dsubdPV1110n•PPfOv,1I
1 heh lot ofuchun11 rnim prO\f!Mand rruo111t4'1n ~itrvedr,1nqe lor4'djacenl
pro~"'1o lh4'1 mr, be disch4'rg,ng OfllO II
l Sadr,r,.,llts (m,n S' Wldel will be provided along both ,u~ ol ,~e,y p,.,bhc. ~ttfft
wllhln thePU0 4'1thetimelhestree<s are const ruCled
4 In •11..-npt 10 Khoew a cohtsrff th4'~ctl!'I' ol r~tl4'1 developml!flt w1 Unit 1,
fronts old 1l!Slde-ntl1I butld1111unils w1thtn Unit 1 sh•Hf•II "'ilh in in , 10' m111 ind
I <la'"'''"'""""' buoldlo tone from the1-lrfft, with IM uc~oon of btnldonp
1mp.1e1ed bot uul.ty lout ions. h1hl111c. or bu,ld,np louted •Ion& Lorne~ or cur"""
In the il rff'I., whoch <:Ht! ll•es. bui&d,n1~ ~v ~••Y from lhl'I bu,ld 10 ,one
~ In •tt-,npttoKhie-;,e •cohbl"leCh4"tKht< ofdt-vW!)fT14'11tlnUnll 1 •nd1; All
bu11d1n1 fK.tM ,n,te,11k lhal1 be constrocttd of •ke tNll!ri.11$ set III prl!(;~nl
by the h i \II.I' pun ~pmenl submitt,1
'!, 1 Subsequtnl tiu,ldlnp m,y varv ,n mlltn•I b¥ provldon& 1ru1e, or equ4"1
qu4"ht)loflK4'dem4'1tri4"11nddt51gnnd.s10P<ovitdb¥1hePl•nn1111
Commisslon1ndC11ycounc,1
6 Sidewalks "'ithln .. 11 Unit 1, Unit 1, a nd Unit l lotswill bede.'llnitd •nd ~O.,~l•UCll!d
,n .. c.c;ordJll(tW,th lheS1ttPl.ln•pp,roYtdfo1t•chlol
7 All.,_ ,nd i.ndsupe nwtenal will be provided H ltst@od m lool l.lndl.c•P"
ordtn4'11Cl!'S un~ oth-~ coordin1t@od wnh !ht c11v urb.ln for Miry or arbor~t
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eacllloldUNllahallolowlhe.SUP1aoRr.--P1ooeduln TIIIIOfocn&
requ•n 111;eneral 1ht~91-
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appkMIOll•oomolete
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•Fll'lal~ovOhCouncil
a. The zoning d1menS1ons for Unit 2. Lot 1 are modeled afte1 but not Identical to. the zornng requ irements for R-3 found m l he Fairhope Zonirig Ordmance The
following exceptions apply ·
1. The rrinimum lot width shall not apply. The lot dimensions shall be as shown on the PU D drawing .
b. The req uirements for Unit 3 . l ot 1, are modeled after. but not identical to , the zonrng requi rements for R-3 found in the Fairhope Zoning Ordinance
1. The rrimmum lot width shall not apply. The lot dimensions shall be as shown on the PUD drawing .
c. The allowed use for Unit 3, Lot 1 shall be lirriled to co nvalescent, nu rsing 01 assisted living home.
d . Each lot in Unit 1 shall provide its own stormwater control and detention.
e. This PUO document, along with the City of Fa irhope's Ordi nances, Regulations . and review processes wi ll provide a development that complies with the
City 's Comprehensive Plan .
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UNIT AND RIU I IT-OF-WAY ACREA0F
ACREAUI-: EXCI UIJTNU ROW ACRhAIJFOF ROW
UNIT! \90(, S\.l
UNIT2 -ll{IJ
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n,rALSITE 70 72
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PLANNING COMMISSION RECOMMENDED APPROVAL : SEVEN (7) AYES, ZERO(0) NAYS
ZC 20.10 Klumpp PUD Amendment
Property Owner /Applicant: Gayfer Village Partners, LLC; Mr. Tom Mitchell; Mr. Bill Mitchell
General Location: Northwest intersection of SR 181 and Fairhope Avenue (CR 48)
Project Type: Planned Unit Development (PUD)
Number of lots: 15
Unit 1-13 Lots (19.03 Acres); Unit 2 -410 Units (41 .03 Acres); Unit 3 -106 Units (10.63 Acres)
Zoning District: PUD
Parent Parcel PPIN Number: 236701, 24160, 316793
Engineer of record: Scott Hutchinson, GMC
Surveyor of record: Goodwyn, Mills, and Cawood , Inc .
School District: Fairhope East Elementary, Fairhope Middle and High Schools
Report prepared by Hunter Simmons
Comments:
The applicant is seeking amendment of PUD ordinance number 1664 related to the Klumpp
Planned Unit Development adopted November 25, 2019. The subject property is located at the
northwest intersection of State Highway 181 and Fairhope Avenue/County Road 48 and
extends north to the southwest corner of State Highway 181 and Gayfer Avenue/County Road
30 .
At the request of the applicant, Case ZC 20 .10 was tabled at the December 7, 2020 Planning
Commission meeting. The revised plan more clearly states the applicant's objectives . Unit 1
still consists of 13 B-2 lots. Unit 2 and 3 are based on R-3 zoning . Pedestrian connectivity was
added throughout the site and along the perimeter. The buffer along the westernmost
perimeter was increased from 30' to 45' and now includes a screen , as well as a walking
trail/sidewalk.
Staff Recommendation
Staff recommends Case# ZC 20 .10 Klumpp Planned Unit Development {PUD) amendment for
PPIN's 236701, 24160, 316793 be APPROVED subject to the following conditions:
1. A master drainage plan shall be prepared for the entire site and included with the initial
subdivision application creating units 1-3
2. City of Fairhope site plan review (Zoning Ordinance Article II , Section C.2.) shall be
mandatory for each lot within units 1-3.
3. City of Fairhope subdivision regulations (including multiple occupancy project provisions
as applicable) shall be required for the creation of all lots and units within the Klumpp
PUD.
4 . A 20' greenspace and tree preservation strip shall be provided along Hwy 181.
5. Unit 2 will require 20% greenspace as shown . Provided retention/detention shall not
encroach into required greenspace other than those methods approved within the City
of Fairhope Subdivision Regulations and/or as approve during MOP/Site Plan Review .
Public Hearing
Jeremy Sasser of 438 Swaying Willow Avenue -He stated concerns with the number of access
points to St . Hwy. 181, Fairhope Avenue, and Gayfer Road Extension . He suggested the uses be
limited on the corner lots, limiting the number of drive-thrus, and asked about screening of the
parking and dumpsters .
Scott Hutchinson of Goodwyn, Mills, and Cawood, Inc. was present on behalf of the applicant .
Motion:
Jimmy Conyers made a motion to accept the staff recommendation to APPROVE subject to the
following conditions :
2nd:
1. A master drainage plan shall be prepared for the entire site and included with the initial
subdivision application creating units 1-3
2. City of Fairhope site plan review {Zoning Ordinance Article II, Section C.2.) shall be
mandatory for each lot within units 1-3.
3. City of Fairhope subdivision regulations {including multiple occupancy project provisions
as applicable) shall be required for the creation of all lots and units within the Klumpp
PUD.
4. A 20' greenspace and tree preservation strip shall be provided along Hwy 181.
5. Unit 2 will require 20% greenspace as shown. Provided retention/detention shall not
encroach into required greenspace other than those methods approved within the City
of Fairhope Subdivision Regulations and/or as approve during MOP/Site Plan Review.
6. Construction of sidewalks shall be done at the time of development of the internal
roadways .
Hollie MacKellar 2nd the motion and the motion carried unanimously with the following vote :
Vote:
AD-Aye
RB-Aye
HK-Aye
JW-Aye
LT-Absent
HM -Aye
JL-Aye
CHB-Absent
JC-Aye
City of Fairhope
Planning Commission
January 4, 2021
ZC 20.10 -Klump PUD
Project Name:
Klumpp PUD amendments
Site Data:
80 acres (approximately)
Project Type:
Planned Unit Development (PUD)
Jurisdiction:
Fairhope Planning Jurisdiction
Zoning District:
Planned Unit Development (PUD)
PPIN Number:
236701,24160,316793
General Location:
Northwest intersection of SR 181 and
Fairhope Avenue (CR 48)
Surveyor of Record:
Goodwyn , Mills, and Cawood , Inc.
Engineer of Record:
Scott Hutchinson, GMC
Owner I Developer:
Gayfer Village Partners , LLC
Mr. Tom Mitchell Mr. Bill Mitchell
School District:
Fairhope East
Fairhope Middle and High Schools
Recommendation:
Approve with Conditions
Prepared by:
Hunter Simmons
Legend
• :ccoF Corp. lirrits
B-2 -General Business District
PUC -Planned Unit Development
R-1 • Low Density Single-Farrily
R-2 -M&dium Density Slngt&-Farrily
• R-3 • High Density Slngt&-Farrily
• R·A • R&SldentiaVAgricutture District
COF Planning Jurisdiction
Page 4 o f 6
APPLICATION FOR ZONING DISTRICT CHANGE
Prope rty Owner / Leaseholder Information
Name: Gayfer Village Partne rs, LLC Phone Number: _25_1_-9_2_8-_00_7_1 _____ _
Str eet Address: PO Box 130 ----------------------------City: Daphne State: AL Zip: _3_65_2-'-6 _____ _
Applicant / Agent Information
Ir different from above .
otanzed letter from propeny ov.ncr I required sf n a ent 1s u ed for repre ntatio
Name: GoodW]'n . Mills & Cawood. Inc. Phone Number: (251) 626-2626
Street Address:
City: Daphne State: AL Zip: --3-6-52....,6 _____ _
Current Zoning of Property: ____ C_ou_n---'ty_U_n_z_on_e_d ___________ _
Proposed Zoning/Use of the Property: Planned Unit Development (PUD)
Property Address: 2075 1 State Highway 181 . Fairhope , AL 36532
Parcel Number: 46-05-15-0-000-001 .001 , 46-05-15-0-000-001 . 000 , 46-05-15-0-000-001. 003
Property Legal Description: --~Se~e---'a_tt_ac_h_e_d ______________ _
Reason for Zoning Change: To allow for the construction of a mixed use resident ial / retail developmen t
Property Map Attached
Metes and Bounds Description Attached
Names and Address of all Real Property Owners
within 300 Feet of Abo e Described Property Attached .
@
@
NO
NO
NO
Character of Improvements to the Property and Approxjmate Construction Date :---,---
The improvements will consist of new roadways , reta il shops and apartments . Approximate start da te is March 2021 .
Zoning Fee Calculation:
Reference: Ordinance 1269
I certify that I am the property owner/leaseholder of the above described property and hereb
submit this application to the Ci ty for re view. *If propert I is owned b y Fairhope Single Tax
Corp. an authorized Single Tax representative shall sign<:: application .
Tom Mitchell --~-1==-__:@1:~::::::=:_ _____ _
Pro O wner /Leaseholder rinted Name Signature
Fairhope Single Tax D np :-(lf.Applicab}e);i <::'I
. 0 l l J 1010 i
BY:.L6. ......... .
Summary of Request:
The applicant is seeking amendment of PUD ordinance number 1664 related to the Klumpp Planned Unit
Development adopted November 25, 2019 . The subject property is located at the northwest intersection of
State Highway 181 and Fairhope Avenue/County Road 48 and extends north to the southwest corner of State
Highway 181 and Gayfer Avenue/County Road 30 .
The subject property is bordered to the northwest by the adjoining White Grove subdivision, zoned R-2 medium
density single family residential , and bordered to the southwest by the adjoining PPIN 14493 zoned R-A
residential agricultural. The subject property adjoins ldlewild Subdivision (R-2) to the south, separated by the
Fairhope Avenue right-of-way (ROW) as well as various properties comprising the southwest intersect ion of
Fairhope Avenue and HWY 181, all zoned B-2 general business district. All remaining properties adjoining
subject property are separated from subject property via ROW and are located within unzoned Baldwin County
Planning District 14.
Comments:
ORIGINAL PUD
The subject property is comprised of one large (PPIN 236701) generally rectangular parcel fronting AL HWY 181,
Fairhope Avenue, and Gayfer Road Extension, all paved, publicly-maintained streets . PPINs 24160 and 316793
are inclusive of PPIN 236701 and will likely become functions of a future subdivision.
The site plan supporting the original PUD (Case number ZC 19 .13) is included above in excerpted form and color-
coded to reflect the "units" proposed for the PUD . The requested site plan that amends the PUD ordinance is
included below.
1 ZC 20.10 Klumpp PUD Amendment -December 7, 2020
PROPOSED PUD AMENDMENT (Revised for January PC Meeting)
• Unit 1
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o As approved Unit 1 (28 .79 acres+/-) contains 16 lots with allowable uses and lots sizes identical
to B-2 General Business District Zoning. The developer requests , via inclusion of drawing 2 of 2
in the PUD ordinance, self-imposing the Site Plan Review procedure as included within
Fairhope 's Zoning Ordinance .
o As requested , Unit (19 .06 acres+/-) will contain up to 12 lots . Si milar to the original
PUD, the requested Unit 1 contains allowable uses and lots sizes i dentical to B-2 General
Business District Zoning . Also similar to the original PUD the developer requests , via
inclusion of drawing C3 .01 in the PUD ordinance, self-imposing the Site Plan Review
procedure as included within Fairhope 's Zoning Ordinance .
• Unit 2
o As approved Unit 2 (23 .20 acres+/-) depicted in light red on the facing page identically
replicates the use of R-5 High Density Dwelling Residential (10 units per acre, for 232 units total)
but requests the lot size shown on the site plan drawing 1 of 2 in lieu of the allowable number of
dwelling units included within Table 3-2 in the City of Fairhope Zoning Ordinance . Similar to
Unit 1 Unit 2 w i ll be required to follow the Site Plan Review procedure included in The City of
Fairhope Zonin g Ordinance as a self-imposed requirement of the PUD .
o As requested , Unit 2 (41.03 acres+/-) closely replicates R-3 High Density Single -Family
Residential but requests the lot size and approximate building layout (Up to 233 Units)
shown on the site plan drawing C2.0l. Similar to Unit 1 Unit 2 w i ll be required to follow
the Site Plan Review procedure included in The City of Fairhope Zoning Ordinance as a
self-imposed requirement of the PUD .
• Unit 3
2 ZC 20 .10 Klumpp PUD Amendment -December 7, 2020
o As approved Unit 3 (14 .11 acres+/-) depicted in light green on the original site plan contains 67
residential lots modeled after an R-3 zoning district with modifications that reduces the
m i nimum lot size and increases the allowable lot coverage. At the time of development
activities unit 3 shall follow the City of Fairhope 's Subdivision Review Process and comply with
the current Subdivision Regulations in addition to the requirements of the PUD ordinance . The
original submission to the Planning Commission included 77 single family lots, however the
reduction to 67 single family lots reflects conditions of approval required by the Planning
Commission at the time of consideration .
o As requested, Unit 3 (10.63 acres+/-) removes the single -family residential lots from the
development and proposes requirements modeled after R-3 zoning district (approximately 59
Units) with modifications that reduces the minimum width . The allowed use for Unit 3 shall be
limited to convalescent, nursing, or assisted living. The applicant indicates they do not wish to
provide a layout of the proposed development for Unit 3 at the time of PUD amendment, but
wishes to self-impose the site plan approval process for Unit 3 should the PUD amendment
receive approval.
The following was provided within the December staff report . Notes in red highlight the amendments
made in the applicant's revised plan .
Fairhope 's Zoning Ordinance (Article II Section C.1.e} contains nine (9) criteria by which an application
for re-zoning shall be reviewed:
(1 ) Compliance with the Comprehen sive Plan;
Response:
The intersection of Hwy 181 and
Fairhope Ave is listed as a Village Node
within the Comprehensive Plan .
"Highway 181 / Fairhope Ave presents
an additional village opportunity.
While this area has seen a growth of
large retailers in the recent past due to
regulatory limitations (i.e. significant
property located outside of the City
Limits in unzoned Baldwin County}, it
is in the early stages of village pattern
development. River Mill Subdivision is
connected to both Fairhope Avenue
and Windmill Road. The residential
areas around Gayfer Avenue and
Blueberry Lane are built in accordance
with the City Subdivision Regulations
and provide neighborhood level
greenspace , sidewalks, streets, trees ,
oc:::::ac:::ac -.o.o
and connectivity . While this area will evolve over time, the "bones" of a village are generally in
place."
3 ZC 20 .10 Klumpp PUD Amendment -December 7, 2020
Specifically, in regard to Village Nodes, the Comprehensive Plan reads "Simply evaluating
development at these areas (Village Nodes) will not result in a Village -it will take a proactive
effort". The following excerpt from the Comprehensive Plan is provided for guidance:
Size -They should be 30 ,000 to 180,000 square feet in commercial/ mixed-use
development.
Street Location -They should push as close to the street as possible
Architectural Guidelines -There should be bui lding design guidelines that deal
with arch itectural themes, materials, and massing . There should be an
architectural "anchor", a building with a distinct and focused character, in each
v illage.
Automobile Access -Automobile access will be important to the success of the
v illage, thus it should be incorporated as appropriate. However, addressing the
location and aesthetics of parking lots will be critically important. Vehicular
access from the supporting and existing roadways is also important. Integration
of Right-of-Way improvements, turn lanes, signals, sidewalks, landscaping,
street lighting, push-pad signals , crosswalks, and similar infrastructure should be
comprehensively evaluated by the City. This would result in the Right-of-Way
and and roadways being upgraded in conjunction with the development.
Internal circulation must not be the typical maneuvering areas through a large
parking lot, but seek to create more of a streetscape experience with "on-
street" parking in either a parallel or diagonal configuration. A good operating
principle would be that large surface parking lots should not dominate the view
of building frontages . Vehicular access is always i mportant and should be
accommodated ; however, parking is a net negative in terms of visual quality.
(2) Compliance with the standards, goals, and intent of this ordinance;
Response: PUD Planned Unit Development: This district is intended to encourage innovative
development that meets comprehensive plan goals and is tailored to the unique constraints
and conditions of a particular site . This district allows flexibility in uses, designs, and building
layouts as opposed to other zoning districts to better serve community needs. While the
original PUD's regulating plan was general, deferring specifics to future Site Plan Reviews, there
was a framework for meeting the intent of a PUD . The proposed amended PUD, by being
overly general, makes it difficult to recommend approval.
The applicant has self-imposed a site plan review for all units. The first unit developed will
require installation of
Unit 2, for example, should not require a future Site Plan review. It is feasible to include a
comprehensive site plan (for Unit 2) as part of this PUD process with landscape plans,
architectural examples, etc ., and, at the least, include pedestrian circulation for the entire PUD .
It would also be prudent to include guidelines for the Units 1 & 3 to ensure they are developed
consistent with Fairhope's Comprehensive Plan, which may include build-to/setback lines,
landscape buffers, planned green space, plant selections, etc.
4 ZC 20.10 Klumpp PUD Amendment -December 7, 2020
Unit 2 is now proposed as illustrate on C2 .01 and includes up to 233 units. Sidewalks were
provided within Unit 2 and the westernmost buffer was increased to 45', which now includes a
sidewalk connecting all three units with both Fairhope Ave and Gayfer Rd . Within the 45'
buffer, the westernmost 10' will be planted to provide a buffer/screen consistent with the City
of Fairhope Tree Ordinance . Street Trees will also be planted in accordance the City of Fairhope
Tree Ordinance .
Staff does have some concern that some conflicts exist between retention/detention, possible
wetlands, and green space requirements within Unit, but those are not part of this review. Unit
2 will require a site plan review as well as an MOP review in the future to resolve the above -
referenced concerns . Staff recommends a condition of approval to memorialize the 20%
greenspace per density shown and urge that retention/detention should not be placed where
greenspace is currently shown unless installed as an improved amenity, such as accessible
ponds with landscape consistent with the City of Fairhope Tree Ordinance .
A condition of approval of the previously approved plan required a master drainage plan at
time of subdivision and staff makes the same recommendation for the current application .
Unit 1 lots require parking to be located to side or rear of buildings .
The following was submitted by the applicant to further support a comprehensively planned
development.
4 . In attempt to achieve a cohesive character of residential development in Unit 2;
Fronts of all residential building units within Unit 2 shall fall within in a 20' m i n . and
a 40' maximum build to zone from the street, with the exception of buildings
impacted by utility locations, lighting, or buildings located along corners, or curves
in the street in which case these buildings may vary from this build-to zone .
5. In attempt to achieve a cohesive character of development in Unit 1 and 2; All
building facade materials shall be constructed of like materials set, in precedent,
by the 1st site plan development submittal.
(3) The character of the surrounding property, including any pending development activity;
Response: The comprehensive plan describes a village center at this location and states that the
"bones" are already in place . The surrounding properties are unzoned, RA, R-2, and B-2. The original
PUD provided adequate transition to the_single-family residential along the western boundary, while
also allowing denser and more intense uses along the highway corridor and internally within the site .
Staff is concerned that the submitted PUD amendment, with its removal of higher-density single family
residential, diminishes the transition of use and transition of density contemplated by the
comprehensive plan .
The westernmost buffer was increased to 45' and will include a 10' screen abutting adjacent property.
(4) Adequacy of public infrastructure to support the proposed development;
Response: Fairhope Public Utilities can be made available during the subdivision process; however,
staff urges the applicant to contact Fairhope Public Utilities in short order to discuss utilities,
5 ZC 20 .10 Klumpp PUD Amendment -December 7, 2020
particularly access to sanitary sewer. The "upsizing" provisions of the subdivision regulations will likely
be invoked if development activities proceed.
(5) Impacts on natural resources, including existing conditions and ongoing post-development
conditions;
Response: Wetlands are present on the subject property and all wetland delineations, reports,
ordinances, and buffers will be required during the development process.
(6) Compliance with other laws and regulations of the City;
Response: At the time of 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 development all applicable laws will be applied.
(8) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical
impacts, and property values.
Response: As mentioned previously staff is concerned about the loss of single family residences within
the PUD, and the possibility of higher-density multi-family located directly-adjacent to lower density
(R-1 and R-2) single family residential.
The westernmost buffer was increased to 45 ' and will include a 10' screen abutting adjacent property.
In addition, pedestrian circulation should be designed connecting the subject property with adjacent
and surrounding properties.
Sidewalk connections were made throughout the site connecting all units together, as well as
connecting to the perimeter sidewalks and on all public roads . As opposed to the previous plan ,
sidewalks and street trees are provided fronting Hwy 181. Planning Commission may want to discuss
when installation of perimeter sidewalks and street trees are installed .
(9) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
Response: As mentioned previously staff is concerned about the loss of single family residences within
the PUD and the possibility of high-density multi-family uses located directly-adjacent to lower density
(R-1 and R-2) single family residential uses. As proposed, B-2 and R-5 abut R-1 and R-2 properties.
Staff recommends a better transition to adjacent properties that may come in the form of larger
buffers, greenspace, or less dense housing .
The westernmost buffe r was i ncreased to 45 ' and will include a 10' screen abutting adjacent property.
Per the City of Fairhope Tree Ordinance, a 20 ' preserved greenspace shall be provided along Fairhope
Ave and Gayfer Rd . Development along Hwy 181 was not contemplated when the Tree Ordinance was
adopted . Staff would like to r ecommend a condition of approval that the 20' preserved greenspace be
provided along Hwy 181 as well. To be clear, this does not impose an additional 20' to the required
setback, but rather preserve the space within the setback for the preservation of trees .
Staff Recommendation:
6 ZC 20 .10 Klumpp PUD Amendment -December 7, 2020
Staff recommends Case# ZC 20.10 Klumpp Planned Unit Development (PUD) amendment for PPIN's
236701, 24160, 316793 be APPROVE subject to the following conditions:
7
1. A master drainage plan shall be prepared for the entire site and included with the initial
subdivision application creating units 1-3
2. City of Fairhope site plan review (Zoning Ordinance Article II, Section C.2.) shall be mandatory
for each lot within units 1-3.
3. City of Fairhope subdivision regulations (including multiple occupancy project provisions as
applicable) shall be required for the creation of all lots and units within the Klumpp PUD.
4. A 20' greenspace and tree preservation strip shall be provided along Hwy 181 .
5. Unit 2 will require 20% greenspace as shown. Provided retention/detention shall not encroach
into required greenspace other than those methods approved within the City of Fairhope
Subdivision Regulations and/or as approve during MOP/Site Plan Review .
ZC 20.10 Klumpp PUD Amendment -December 7, 2020
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•· The zoning dimentlont b Unil 2. Lot 1 ara modeled eflar, but not iderr&el 10. the zonng requlremer,u; k>r R-3 found In the F.;rnope zorwig ~-The
lollowingHceplionsappl)':
1. The minimum lot width •hlll not apply . The lot dim__,.. ahaH ben 800'WTl on the PUOdrawing.
b. The requifemenla b-Unil 3. Lot 1 • .,-, modelad 1111111", but not idenlicel to. lhe zoolng requi.-ita for R-3 lound-' the Fairhope Zoning Ordinllf>c;e.
1. Themlnimumlotwidltlshellnote~.The lotdmenaionllshallbe••M'IO\ll,l"lonthePUDdrawiog.
The allowed UM for Unit 3. Lot 1 ahaff be limited to conYlllncene. r,.nng or asaisted lf,'ing homa .
d . E.ch 101: in Unit 1 sh.an p,CMde ii■ own atomrwatar c:oncrol ~ de4enlion.
• This PUO o:loeumen1 • .iorig wilt! the City o f F•lrhope'e Or~. Regui.tionl, end review~ w11 provide• development lhet complie,s witti the
City'1Comp1aheraHaPlan
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November 30, 2020
City of Fairhope
attn: Emily Boyett
Re: Case no. zc20.10 "Klumpp Parcel"
Dear Emily,
Enclosed herein are comments concerning the proposed site plan.
The northernmost entrance on SR 181 appears to be a Right In-Right Out
configuration. Until SR 181 is a divided highway between Gayfer and Fairhope
Ave., motorists are likely to ignore common sense, pavement markings, and
signage and the RI-RO concept.
Evidence: watch Walmarts RI-RO accesses.
The middle entrance on SR 181 appears to be yet another trafffic signal. Could a
traffic circle be a better option? Fairhope does not need another traffic signal on
this section of road.
The south entrance on SR 181 simply to close to the existing SR 181/ Fairhope
Ave. intersection. Again, a Right In-Right Out configuration works in theory
only.
The easterly entrance on Fairhope Ave. is the worst potential problem. This is
already a traffic mess. There are three uncontrolled accesses nearby: Bay
Shore's Gas station, the car wash, and Golden Auto Sales. The 8-1/2 x 11 inch
drawing provided by the city is deficient in that it does not show those three
accesses. Plus the easterly entrance appears to be uncontrolled. A mess.
It might be time for the city to clean up the existing accesses here. Perhaps a
raised concrete median on Fairhope Ave. is warranted, similar to what is sorely
needed on Fairhope Ave. at Walgreen's, to stop dangerous and illegal movements.
The westerly entrance on Fairhope Ave. is difficult to evaluate, since the
existing intersection at Idlewild Blvd. is not shown. Therefore, one cannot
discern how the new entrance will align with Idlewild Blvd.
Finally, I count 236 new residential units on the proposed project. P
city can accept this much growth. Or this project will help push current water
supplies , sewer capacity, and the electric grid to a tipping point.
Each new development adds cars to Fairhope Ave. Each new development adds
motorists who simply won't adhere to small-town speed limits, won't yield to
pedestrians , and won 't fo ll ow basic lane mar kings .
Thank you.
Sincerely,
Michael Warren
218 Royal Lane
Fairhope, AL 36532
Arizona RCE 37820
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Frank & Elvira Connell
20605 Lowry Drive
Fairhope, AL 36532
November 27, 2020
City of Fairhope
Planning Commission
Reference: Gayfer Village
We have three issues concerning the proposed development.
1) There is a long standing problem of storm water retention in both the south
east and south west corners of our development, White Grove. We had been
told that once the former Klumpp property was annexed into the city that
the problem of storm water runoff would be resolved. We want to insure
that problem will be resolved either prior to or concurrent with the Gayfer
Village development.
2) We request that the 8 to 10 foot fence separating the proposed
development from our property be erected and subsequently maintained
early in the development process in order to mitigate both the noise, dust
and debris on our property created by the development
3) We have a large live oak tree on the eastern edge of our property bordering
the proposed Gayfer Village development. Several large limbs extend 10 to
15 feet into the proposed development. We are concerned that if that
branches are cut off the balance of tree may fall onto our house. We
request that a knowledgeable City representative from the Landscape
Section of the Public Dept. come inspect the tree and the situation I
described.
In closing please inform us of the proposed start date of the development.
Thank you,
Frank & Elvira Connell