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Local Government Update – October 2020

Baldwin County Planning Commission Meeting – October 1, 2020 *(Cancelled)

Fairhope Planning Commission Meeting – October 5, 2020

North Hills at Fairhope Phase II Granted 1-Year Extension

The Fairhope Planning Commission granted a request for a 12-month extension of the preliminary plat approval for construction of Phase 2 of the North Hills of Fairhope Subdivision. North Hills at Fairhope is located on the north side of State Highway 104, approximately ½ mile east of County Road 13.

Foley City Council Meeting – October 5, 2020

Foley Council Temporarily Suspends RV Enforcement Due to Hurricane Sally

The Foley City Council voted to temporarily suspend enforcement of the zoning code and other municipal ordinances that would prohibit RVs in any zoning district. The rule suspension will be in place for six months. The rule suspension only applies to one RV per parcel of land. The action is being taken due to the large number of residents that are displaced, and an insufficient number of replacement dwellings. Hurricane Sally has caused many homes, apartments, and other dwellings in Foley to be uninhabitable or in need of repair. The use of RVs as temporary dwellings has increased in the aftermath of Hurricane Sally.

Daphne City Council Meeting – October 5, 2020

Whataburger Decision Tabled

The Daphne City Council voted to table a decision on whether to approve a city lease on property owned by the City of Daphne. The proposed lease would allow a Whataburger restaurant chain to locate and operate on the property. Opponents of the lease agreement say it is a bad deal for the city and want more time to review the agreement and give the newly elected mayor and councilmembers an opportunity to weigh in. The new mayor and council will be sworn in 11-2-20. The proposed property is located on U.S. Route 98 between Lavender lane and The Wacky Shrimp.

Orange Beach City Council Meeting – October 6, 2020

Cottages at Tannin Setback Modification Sparks Building Code Discussion

In December of 2018, the Orange Beach City Council approved the Cottages at Tannin PUD Master Plan residential development with 14 cottage lots on 1.10 acres located at the northwest corner of Perdido Beach Blvd and Middle Gate. In the original application the front door was the only means of ingress/egress for each cottage, which will be on pilings. The Council recommended that a second means of ingress/egress be added for safety concerns. The master plan as approved had a 5-foot side setback. The PUD modification to allow the side setback encroachment was requested to accommodate a second ingress/egress door with stairs on the side of the home. The situation brought to light the need for language addressing a second ingress/egress in single family residential property. Currently the building code only requires one ingress/egress access for single family residential property. The Council stated they would like to include this change in the next building code update.

Gulf Shores City Council Meeting – October 12, 2020

Council Approves Waterways Marina

The Gulf Shores City Council approved a Conditional Use Permit for the Waterways Marina, a 44-slip private marina. The marina will be an amenity for a 60-lot cottage subdivision development planned for the 800 block of Waterway West Blvd. The development will be located on the north side of the Intracoastal Waterway, in the BT-4 (High Density Tourist Business) zoning district. The Planning Commission gave a favorable recommendation to the project at their August meeting. The 20-acre development will be gated with private streets. Home designs will be 2-story, with 2-4 bedrooms and range from 1,800 sf – 4,000 sf.

Waterways Marina (Yellow Box)

Orange Beach Planning Commission Meeting – October 12, 2020

Drive-Thru Restaurant Building Seeks Site Plan Approval

The Orange Beach Planning Commission heard a request from Stimpson and Foley LLC, for approval of a site plan to construct a two-tenant drive-thru restaurant building. The property is located at the southwest corner of the intersection of Canal Road and Canal Square Lane at 24824 Canal Road, and zoned General Business. The tenant on the east side of the building will be Smoothie King. It is unknown at this time what tenant will occupy the west side. The building is expected to have a brick veneer, along with stucco and hardi-board exterior siding. The Planning Commission voted to approve the site plan, with a request that the developer work with city staff to incorporate a coastal look into the design.

Cypress Village Subdivision Lot 2 is Changing

The Orange Beach Planning Commission approved a request from KJC Investments, LLC for preliminary and final minor subdivision of Lot 2 in the Cypress Village PUD. The 1.53-acre lot will be subdivided into four lots for single family homes. Lot 2 of the Cypress Village PUD is located on the west side of Cypress Village Blvd, 500 feet north of the intersection of Cypress Village Blvd. and Canal Road. There was a previous plan in 2018 to construct a 13-lot subdivision on Lot 2, which never came to fruition.

Robinson Grove PUD Subdivision

The Orange Beach Planning Commission voted to approve a final major subdivision request from GPJ Investments LLC to subdivide 1.69 acres into 14 single family residential lots. The development is expected to include a common swimming pool and boat access to Terry Cove. The property is located at 4576 Walker Key Blvd.

Rental Auxiliary Parking Lot Seeks Approval

The Orange Beach Planning Commission voted to approve a site plan request from Dewey Brazelton, to construct a parking area for an overflow parking lot. The property is an undeveloped lot located behind the Dollar General at 25130 Canal Road, in the General Business zoning district. Stated plans include the construction of a 31,100 square foot lot which would be rented for daily or weekly use. The parking would be available to the public, and could be reserved using a smartphone app. The Planning Commission had concerns over the current condition of the property and road, and made their approval conditioned upon an asphalt lot and the repair and maintenance of the roadway area.

Orange Beach City Council Meeting – October 20, 2020

Broken Sound PUD Modification Approved Reducing Lots

The Orange Beach City Council approved a request for a modification to the Broken Sound PUD. The modification request received a positive reaction from the council since it decreased the density from the original proposal in 2019. Under the new plan the number of single-family residential lots will be reduced from 40 to 36. The 7.46-acre property is located at the northeast corner of the intersection of Lauder Lane and Pelican Place. The average lot size with be 50’ wide with 4 and 5-bedroom homes. Rentals will be restricted to 6 months or more.

Broken Sound PUD Modification

Foley Planning Commission Meeting – October 21, 2020

Large Residential Subdivision Seeks Approval in Foley

The Foley Planning Commission heard a re-zoning request for two large tracts of land located at the southeast corner of County Rd. 12 S and the Foley Beach Express. A 163-acre tract is seeking initial zoning as a PUD and asking to annex into the corporate limits. Another 77-acre tract is currently zoned AO (Agricultural Open Space) and is seeking to be zoned as part of the PUD also. Plans include the development of a single-family residential subdivision that could accommodate up to 600 lots. City officials pointed out that once the project moved to the site plan phase the number of lots could decrease. The stated builder of the homes is DR Horton. The Planning Commission voted to send a favorable recommendation to the City Council, who will have the final vote on the re-zoning requests. The recommendation was conditioned upon the applicants updating the traffic study to include new and proposed developments in the surrounding area prior to consideration by the City Council.

Heritage Landing Subdivision Granted Preliminary Approval

The Foley Planning Commission approved a request from Baldwin County Holdings, LLC for preliminary approval of Heritage Landing. The 32.35-acre property is located at the southeast corner of S. Juniper St. and E. Michigan Ave. A 115-lot residential subdivision is planned for the property.

Daphne Planning Commission Meeting – October 22, 2020

Apartment Complex Planned in Lake Forest

The Daphne Planning Commission approved the site plan for Oakside Village. The 24-unit apartment complex is planned for a 3.7-acre property located south and adjacent to Lake Forest Blvd, north of Country Club Dr. The property is zoned R-4, high density single and multi-family residential.

Gulf Shores City Council Meeting – October 26, 2020

Water Access Approved for New Cottage Development

The Gulf Shores City Council approved a Conditional Use Permit to allow a water access located at 931 West Beach Blvd. to serve a future 43-unit cottage development. The new development is to be named West Lagoon Cottages, and located across the street at 944 West Beach Blvd. The approval was conditioned that it only applies to the approved 43-lot cottage subdivision. Any other development of the site which would increase density would void the approved water access. The water access point will be for use by residents or guest of the West Lagoon Cottages only, and will have a secure entrance. It is anticipated that there will be a future crosswalk at the West Lagoon Ave. and West Beach Blvd intersection to safely connect users to the water access.

Water Access for Cottage Subdivision

Gulf Shores Planning Commission Meeting – October 29, 2020

The Colony at Ft. Morgan Phase II Moving Forward

The Gulf Shores Planning Commission approved a preliminary plat request for The Colony at Ft. Morgan Phase II. The property is located on the north side of State Hwy. 180, approximately 3.4 miles west of the intersection with Gulf Shores Parkway. Phase II of the development consists of 56 single family residential lots on a 17.46-acre parcel. The property is zoned R1-5 and will connect to Phase I of the development, which is partially constructed.



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