Planning commission approves Battles Trace Phase 9 preliminary plat after residents press for buffer and maintenance guarantees

The Fairhope City Planning Commission on March 6 voted unanimously to approve SD 25.04, the preliminary plat for Battles Trace Phase 9, an 81‑lot subdivision on about 22.4 acres zoned TR (Tortoise Resort District).

The commission’s approval followed public comments from adjacent homeowners and a staff report that said the applicant agreed to two changes requested when the case was tabled last month: a recorded 20‑foot undisturbed landscape buffer along the northern property line adjacent to Hilltop subdivision, and a notation on the plat that clarifies the remaining remnant parcel to Twin Beach will be shown and may be further subdivided in the future.

The changes “reflect the remaining property is a lot of record as lot number on the plat and show the entire boundary of the property,” staff recommended. Staff also asked the plat to “add a 20 foot undisturbed buffer to the plat as shown on grading plans adjacent to Hilltop Subdivision,” which the applicant incorporated.

Homeowners at the meeting said they welcomed the concession but asked how the buffer would be enforced and how trees that straddle property lines would be protected. Jim Ellis of 6902 Petiole Drive said he appreciated the “reasonable compromise,” but sought assurance that large trees on or near the property line would not be removed and that the buffer would be maintained during construction. Troy Vickers and other residents raised concerns about wildlife, regional drainage, and traffic impacts from buildout.

Hunter (city planning staff) told the commission that a maintenance plan for the subdivision’s stormwater facilities is required and that the homeowners association (HOA) will be responsible for ongoing maintenance. The applicant’s engineer said the system had been inspected, that it is “operating as a system” with only minor erosion and sedimentation that does not affect performance, and that bids to address identified maintenance items were being sought.

On the landscaping and tree protection questions, the applicant and staff said tree‑protection fencing and erosion‑control measures will be placed along the northern property line and around trees to be preserved before land disturbance begins, and that the recorded plat will note the undisturbed buffer. The engineer explained that grading limits were moved 20 feet off adjacent property lines so some trees will remain on new lots and homeowners will decide whether to remove them when building their houses.

Several speakers asked about a regional drainage plan for the watershed feeding toward Twin Beach. City staff said there is not a single, consolidated regional drainage plan covering the area because it would require coordination across multiple jurisdictions and private properties; instead, stormwater is reviewed and designed phase by phase and the subdivision’s drainage was designed to meet current city standards and tie into existing outfalls.

Commissioners said their role is to determine compliance with the city’s subdivision and zoning regulations. After discussion, Commissioner Paul Fontenot moved to approve SD 25.04 subject to staff recommendations; the motion passed unanimously.

The commission’s approval includes staff conditions to show the remnant parcel boundary on the plat and to record the 20‑foot undisturbed buffer as shown on the approved grading plans. No additional conditions requiring a city inspection program for HOA maintenance were imposed during the meeting; staff reiterated that the HOA is responsible for long‑term maintenance of the stormwater system.