Meeting Type: BCC Regular Meeting
Meeting Date: 4/2/2024
Item Status: New
From: Frank Lundy, PE, County Engineer
Submitted by: Jay Dickson, Planning Director
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ITEM TITLE
Title
Completion and Maintenance Agreement with Rockwell, LLC, Encounter Development, LLC, and City of Fairhope to Allow Final Subdivision Plat Approval for Subdivision to be known as Rockwell Place
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STAFF RECOMMENDATION
Recommendation
Approve the Chairman to execute the Completion and Maintenance Agreement by and between Rockwell, LLC, Encounter Development, LLC, City of Fairhope, and Baldwin County Commission, as related to a two-lot subdivision of Parcel 05-46-01-02-0-000-001.503, the subsequent annexation of one of the resultant lots, common areas, and public Rights-of-Way of said subdivision into the City of Fairhope, as well as the dedication and acceptance for maintenance of all roadways by the City of Fairhope.
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BACKGROUND INFORMATION
Background: The item before the Commission is to consider the Completion and Maintenance Agreement with the City of Fairhope and the afore-mentioned development entities regarding the Rockwell Place two-lot subdivision for which the development entities wish to annex the resultant Lot 1, Common Area 1, Common Area 2, and the Public Right-of-Ways into the City of Fairhope. Lot 2 of the subdivision will remain in unincorporated Baldwin County. The Final Plat must be executed and recorded to divide the property and allow for the annexation of the areas described above. The Baldwin County Engineer and Baldwin County Planning and Zoning Director must sign the Final Plat for it to be executed and recorded in Probate Records. Baldwin County will not be accepting maintenance or ownership of the newly constructed streets within the development. The Completion and Maintenance Agreement ensures that the Public Right-of-Ways, newly constructed streets, Lot 1, Common Area1, and Common Area 2 will be annexed into the City of Fairhope once the Final Plat is recorded.
Below is a summary of the Rockwell Place Subdivision history and timeline:
• The Rockwell Place Subdivision commenced the development process in 2021. At that time, the Rockwell Place project was within unincorporated Baldwin County and within the boundaries of the City of Fairhope Planning Jurisdiction.
• The Preliminary Plat was approved by the City of Fairhope on February 7, 2022. Construction of the subdivision infrastructure began after receiving Preliminary Plat Approval from the City of Fairhope.
• On January 1, 2023, the City of Fairhope abolished the Planning Jurisdiction Agreement with Baldwin County which relinquished the City’s subdivision authority outside of the Corporate Limits. The Rockwell Place Subdivision remained outside of the corporate limits of the City of Fairhope when the City abolished the Planning Jurisdiction Agreement. However, the City of Fairhope continued to process the subdivision development approvals because the project was underway at the time of the Planning Jurisdiction Agreement being abolished.
• Baldwin County approved the Rockwell Place Preliminary Plat on January 11, 2023.
• The City of Fairhope Planning Commission approved the Final Plat on November 6, 2023, subject to certain conditions of approval, including the condition that the Parties execute the enclosed agreement prior to the execution of the Final Plat by the City for recording.
• Rockwell, LLC and Encounter Development, LLC executed the Completion and Maintenance Agreement on February 16, 2024.
• The City of Fairhope executed the Completion and Maintenance Agreement on March 7, 2024.
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?
Yes
Reviewed/approved by: Brad Hicks - 11/26/2023 (TSM)
Additional comments: The County Attorney was included in the development of the Completion and Maintenance Agreement and approved the final agreement prior to execution by Rockwell, LLC, Encounter Development, LLC and the City of Fairhope.
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
Action required (list contact persons/addresses if documents are to be mailed or emailed): Administration - have Chairman sign agreement and email e-mail fully executed agreement to:
Hunter Simmons, Planning Director, City of Fairhope (hunter.simmons@fairhopeal.gov)
Tim Lawley, P.E., Sawgrass Consulting (tlawley@sawgrassllc.com)
Jay Dickson, Planning Director
Buford King, Deputy Planning Director
Shawn Mitchell, Senior Planner
Mark Acreman, Assistant County Engineer
Planning Department will forward fully executed agreement to:
Lisa Hanks, Clerk, City of Fairhope
Additional instructions/notes: Administration - retain original and upload to Contracts library