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Local Government Update – December 2020

Baldwin County Commission Meeting – December 1, 2020

Re-Zoning Request for County Rd. 64 Apartments Withdrawn

The re-zoning request for a 5.39-acre parcel located at the southeast corner of County Road 64 and Pollard Rd. was withdrawn without explanation at the request of the applicant. The re-zoning sought to change the property from B-2 to HDR for the purpose of developing a 56-unit apartment complex.


Off-Street Parking Zoning Amendment Receives Final Approval

The Baldwin County Commission voted to give final approval for a zoning text amendment which would change the regulatory language for off-street parking in the TR (Tourist Resort) zoning district. The purpose is to allow off-street parking spaces located on abutting/contiguous parcels to be included in the parking calculation for property zoned TR. The abutting/contiguous parcels must have the same owner as the property requesting use of the parking in the calculations. If an abutting/contiguous property is used in a parking calculation, it could not later be converted to a different use which would reduce the number of parking spaces required for the adjacent parcel.


Baldwin County Planning Commission Meeting – December 3, 2020

Re-Zoning Sought for Elberta Gas Station

The Baldwin County Planning Commission voted to recommend the re-zoning of 3 acres from RA to B-3. The property is located at the southeast corner of Hwy. 98 and County Road 95, in the Elberta area. Plans for the property include a gas station and convenience store. The request will now move to the County Commission for final approval.


Fairhope Planning Commission Meeting – December 7, 2020

Debate Over Placement of 5G Small Cells

The Fairhope Planning Commission heard a request from AT&T for a utility review for the placement of a small cell 5G antenna on a wooden pole at 1100 Fairhope Ave. The City of Fairhope has an ordinance that regulates the small cells which considers the visual impact of the placement, the character of the placement area, whether it is aesthetically consistent with the immediate area, and if other locations are available to co-locate on an existing structure. Under the small cell ordinance, a request must pass review at the planning commission level, and get approval from the city council as well. There were concerns about the proposed placement location, being close to the Fairhope Satellite Courthouse. There were also concerns over setting a precedent due to the anticipated flood of requests for small cell sites across the city. The goal is to have the small cells be as unobtrusive as possible and co-locate on existing poles as much as possible, even if that means upgrading the existing pole to accommodate the equipment. The Planning Commission voted to table the request to allow time for AT&T to consider other options at the location area.


10-Unit Development at Magnolia/Church St. Tabled for Reconsideration

The Fairhope Planning Commission heard a request for preliminary approval of a mixed- use multiple occupancy project proposed for the northeast corner of Magnolia Ave. and Church St. The .5-acre property is zoned B-2 and within the Central Business District. Plans included a two-story building housing 8 residential units and 2 commercial units. The 2 commercial units would be on the ground floor, along with 4 of the residential units. There was safety and aesthetic concerns over garages for the residential units facing Church St. with little setback from the sidewalk/roadway. There was also discussion about the desire to see more commercial space on the ground floor facing Magnolia Ave. The matter was tabled for further review and discussion.


Re-Zoning Sought for 168-Unit Senior Living Community

The Fairhope Planning Commission heard a request to re-zone 16.6 acres from R-1 to PUD. The property is located at the southwest corner of Hwy. 98 and Volanta Ave. Plans for the project include the development of a senior living community to be known as The Reserve at Fairhope. If approved, the community would house a total of 168 units. The community would be a mixture of 104 individual living units (patio homes), 32 assisted living units, and 32 memory care units. The assisted living and memory care units would be housed in a 3-story building. Amenities for the community include golf cart parking garages, pool, putting green, walking trails, library, café/bistro, and three dining halls. The Planning Commission voted to recommend the re-zoning, which will now proceed to the City Council for final approval.


Klump PUD Amendment Request Tabled to Gather More Details

What is commonly known as the Klump PUD was back before the Planning Commission with a request to amend the PUD. The 75-acre property located of the northwest corner of Hwy. 181 and Fairhope Ave. received approval in November of 2019 for a combination of commercial lots fronting Hwy. 181 and Fairhope Ave, apartments, and single-family homes. No construction has started yet, and developers are now requesting permission to change the PUD plan. The changes would result in removal of all single-family homes along the western edge of the property. It would also change the apartments from 3-story buildings to smaller scale duplex and triplex units. The apartments would increase in acreage from 23 acres to 41 acres of the development. And finally, developers are requesting to add a convalescent nursing home or assisted living home to the north/northwest part of the property. The Planning Commission tabled the request to allow more time for the developer to provide additional design and landscaping details.


Foley Planning Commission Meeting – December 9, 2020

Magnolia Pines Subdivision Receives Preliminary Approval

The Foley Planning Commission granted preliminary approval for Magnolia Pines Subdivision, Phases 2 and 3. The Phases in question consist of 42 acres and 159 residential lots. The property is located east of County Rd. 55, south of Rhodes Lane, and located in the City of Foley Planning Jurisdiction.


Orange Beach Planning Commission Meeting – December 14, 2020

Zeke’s Marina Seeks to Expand Parking

The Orange Beach Planning Commission heard a re-zoning request to modify the Zeke’s Landing PUD Master Plan by re-zoning 1.6 acres to the east of the marina from RS-1 to PUD. The property is located at 26713 and 26619 Perdido Beach Blvd. The request is being made to expand the parking area and add 149 new parking spaces. The Orange Beach Planning Commission voted to send a favorable recommendation to the City Council for the request.


Orange Beach Approves Various Lot Combinations and Divisions

  • The preliminary and final minor subdivision was approved to combine lots 781 and 782 in Bear Point into a single lot. The property is located at 5528 Mobile Ave., and zoned RS-2. The owner has plans to build a home on the combined lot.

  • The preliminary and final minor subdivision was approved to combine lots 2 and 3 of Canal Rd. Commercial Subdivision into a single lot. The property is located on Commercial Ave., east of the Orange Beach Golf Center, and zoned GB.

  • The preliminary and final minor subdivision was approved to subdivide two lots totaling 7.45 acres into four lots. The property is located at 28996 Canal Rd. The property is zoned RS-1.

  • The preliminary and final minor subdivision was approved to subdivide Lot A, High Tide Subdivision (Lots 2 and 3 of Perdido Garden Subdivision) into two lots. The property is located at 29733 and 29755 Hayden Dr. The property is zoned RS-1.

  • The preliminary and final minor subdivision was approved to subdivide Lawrence Plat #1 into two lots. The property is located at 27098 Magnolia Dr., and zoned RS-2.

Baldwin County Commission Meeting – December 15, 2020

County Commission Hears Re-Zoning Requests

  • The Baldwin County Commission voted to give final approval to re-zone 4.87 acres from RMF-6 to RV-1. The purpose is to allow expansion of 33 sites to an existing RV park. The property is located on the east side of CR 99 at the current KOA campground.

  • The Baldwin County Commission voted to deny a request to re-zone 1.62 acres from RA to RR. The request was made to allow commercial and residential use of property located at 15082 County Road 93 for a boat and RV cleaning business and short-term storage, while keeping a residence on the same property. The Commissioners did not think the requested use was compatible with the nature of the surrounding area.

  • The County Commission voted to approve the re-zoning of .91 acres located on the west side of Hwy. 59, south of Dawson Rd. The change from B-2 to B-3 zoning is to allow an auto dealership and auto repair shop on the property.

Gulf Shores Planning Commission Meeting – December 15, 2020

Compromise Possible for Raley Farms Subdivision Road Issue

Raley Farms residential subdivision was back on the Gulf Shores Planning Commission agenda after controversy at the October Planning Commission meeting which resulted in the matter being deferred. In October developers were seeking preliminary plat approval for Phase 2 when an issue arose over the location and construction of a north/south connector road through the property. The 162-acre property is located on the north side of Coastal Gateway Blvd, mid-way between Hwy. 59 and the Beach Express. A multi-phase high density residential subdivision is planned that will include over 400 lots with amenities. A compromise was reached between city staff and the developer which includes the developer dedicating 80 feet of right of way to the city. The city will agree to construct the roadway along the eastern border of the property. Some residents of Stonegate Subdivision, which borders the proposed roadway were not pleased with the idea of having a roadway bordering their property. The Planning Commission voted to recommend a re-zoning of the property which would accomplish the re-configuration of the subdivision and roadway, with the conditions that privacy fencing being installed on the east side of the road and the speed limit be kept at 25-35 mph. The plans will now move to the city council for a final vote.


The Grove Subdivision Receives Final Plat Approval

The Gulf Shores Planning Commission approved the final plat for The Grove, a 13-lot single family subdivision. The 4.77-acre property is located on Cotton Creek Dr. between Cotton Creek Blvd. and Pinehurst Dr., within the Craft Farms PUD.

The Grove Subdivision


The Lake Subdivision PUD Seeks Amendment Due to Wetlands

The Gulf Shores Planning Commission recommended approval of an amendment to The Lake Subdivision PUD to modify the underlying zoning and master plan. The PUD was originally approved in 2018 for a total of 83 acres and a maximum of 575 units on property located south of W. 36th Ave. The master plan was divided between 4 pods, with 120 attached villas, 270 apartments, 35 attached carriage homes, and 150 single family homes. After the original approval in 2018, the developer had a wetland delineation performed on the property which showed 19 acres of wetlands; thereby reducing the buildable area in pod D. The affected area in pod D was slated for 150 single family homes. With the amendment request developers asked for a reduction to 72 homes with the allowance that they could be attached houses. The Planning Commission approved the requested amendment with the condition that the attached homes are not apartments or stackable units. Other setback requirements and lot sizes will also be adjusted.

The Lake PUD Amendments


Zoning Text Amendment Debated in Gulf Shores for Garage Placement

The Gulf Shores Planning Commission debated a proposed zoning text amendment which would govern garage placement on narrow lots. An earlier version of the proposal which was debated at the August Planning Commission meeting included minimum raised foundation standards; that has now been removed from consideration. The focus on garage placement on small lots is to increase safety, walkability, and pedestrian comfort by keeping sidewalks free from vehicle encroachment and lessening visual impairments when backing out over a sidewalk. Under the proposed amendments driveways would be limited to a maximum of 18’ in width at the front property line. There would also be standards for optional garage placement including options for a recessed garage and a side-loaded projecting garage. There was debate over the issue of grandfathering developments and at what stage in the permitting process to allow grandfathering. The Planning Commission voted to send an unfavorable recommendation to the City Council to apply the proposed changes to new subdivisions. Any subdivision that was at the preliminary plat stage or further along would be grandfathered, with the option of adjusting the front and rear setback lines to comply.


Foley City Council Meeting – December 21, 2020

Large Residential Subdivision Gains Re-Zoning Approval in Foley

The Foley City Council gave final re-zoning approval for land located at the southeast corner of County Rd. 12 S and the Foley Beach Express. A 163-acre tract sought initial zoning as a PUD and asking to annex into the corporate limits. Another 77-acre tract was zoned AO (Agricultural Open Space) and is now zoned as part of the PUD also. Plans include the development of a single-family residential subdivision that could accommodate up to 600 lots. Design plans show the name of the subdivision may be Roberts Cove. The stated builder of the homes is DR Horton.

Southeast Corner CR 12 and Foley Beach Express





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