Legislation Details

File #: 24-0468    Version: 1
Agenda section: Consent Status: Agenda Ready
File created: 1/25/2024 Meeting type: Baldwin County Commission Regular
On agenda: 2/6/2024 Final action: 2/6/2024
Agenda item title: Case No. SC23-63 - Cottages at Point Clear - Request to Allow an Existing Private Road to Remain Private
Attachments: 1. Private Road Request dated Nov. 17, 2023, 2. SC23-63 Cottages at Point Clear Staff Report, 3. County Engineer - Concurrence to use Private Road, 4. Approved Preliminary Plat, 5. Site Map, 6. Vicinity Map, 7. Cottages at Point Clear Condominium Declaration, 8. Affidavit for Maintenance Agreement

Meeting Type:   BCC Regular Meeting

Meeting Date:  2/6/2024

Item Status:   New

From: Frank Lundy, P.E., County Engineer
Buford King, Deputy Planning Director

Submitted by:  Fabia Waters, Associate Planner

______________________________________________________________________

 

ITEM TITLE

Title

Case No. SC23-63 - Cottages at Point Clear - Request to Allow an Existing Private Road to Remain Private

End

STAFF RECOMMENDATION

Recommendation

Approve the request from Mr. Aaron Collins, S.E. Civil, to allow Vail Ridge Road, an existing private road and right-of-way in Cottages at Point Clear Subdivision, located at 17861 Section Street, Fairhope, Alabama, to remain private to access lots.

End

BACKGROUND INFORMATION

 

Background:  The applicant is requesting to allow Vail Ridge Road, an existing private road, right-of-way, and an E-911 approved road, to remain private.

 

Section 5.5.1 of the Baldwin County Subdivision Regulations states:

 

“Private streets may be approved only by the Baldwin County Commission provided that (a) they are constructed according to the standards of these regulations; and (b) prior to the issuance of a Development Permit, (1) the Baldwin County Planning and Zoning Commission has otherwise approved the issuance of a Development Permit and (2) the County Engineer has advised the Baldwin County Commission that private streets are appropriate for the subdivision under consideration.”

 

Cottages at Point Clear is an existing condominium that was constructed in 2006, and the Planning Commission approved the Preliminary Plat to subdivide the condominium into an 18 lot subdivision during their January 4, 2024, meeting contingent upon compliance with the current subdivision regulations. Fabia Waters, Associate Planner, has reviewed and approved the revisions submitted by the applicant as shown on the attached plat. The applicant has provided a written request to allow this existing private road to remain private. Frank Lundy, County Engineer, has reviewed the request for the use of a private road and has concurred by providing the letter of concurrence.

 

Previous Commission action/date:  N/A

 

FINANCIAL IMPACT

 

Total cost of recommendation:  N/A

 

Budget line item(s) to be used:  N/A

 

If this is not a budgeted expenditure, does the recommendation create a need for funding?  N/A

 

LEGAL IMPACT

 

Is legal review necessary for this staff recommendation and related documents? 

N/A

 

Reviewed/approved by:  N/A

 

Additional comments:  N/A

 

ADVERTISING REQUIREMENTS

 

Is advertising required for this recommendation?  N/A

 

If the proof of publication affidavit is not attached, list the reason: N/A

 

FOLLOW UP IMPLEMENTATION

 

For time-sensitive follow up, select deadline date for follow up:  N/A

 

Individual(s) responsible for follow up:  Administration Staff send correspondence notifying applicant of decision by the County Commission.

 

Action required (list contact persons/addresses if documents are to be mailed or emailed): 

 

Mr. Aaron Collins, Planning Director

S.E. Civil

9969 Windmill Road

Fairhope, Alabama 36532

 

Cottages at Point Clear

17861 Section Street

Point Clear, Alabama 36532

 

Additional instructions/notes:  If the Commission approves the request to allow Vail Ridge Road to remain a private road within the development, the applicant will then record the final plat of this subdivision and reference the slide number in the affidavit for the maintenance agreement.