Fairhope planning commission approves Twin Beach subdivisions, grants stormwater waiver after resident concerns

FAIRHOPE, Ala. — The Fairhope Planning and Zoning Commission approved two subdivision items and a right‑of‑way stormwater waiver at its Feb. 2 meeting, after staff presentations and public comment about existing drainage on Twin Beach Road.

The commission voted to approve SD 2603, a minor two‑lot subdivision to separate an existing cell tower onto its own lot, and then approved SD 2604, the Preserve at Point Clear, a 13‑lot preliminary plat that depends on SD 2603. Commissioners also approved a staff‑supported waiver to allow two bioretention swales to be located in the city right‑of‑way subject to a cooperative maintenance agreement to be approved by the Fairhope City Council. The meeting record shows the approvals were made by voice vote.

Why it matters: Residents who live opposite the proposed subdivision said they already experience erosion and flooding near a 24‑inch culvert under Twin Beach Road and worried that new development would increase water on their properties. The commission’s approval permits the applicant to move forward with permitting and requires several minor revisions to plats and engineering documentation before final recording.

Staff and applicant engineering consultant Will Graham of Jade Consulting told the commission that the development’s stormwater design uses five bioretention swales and a dry detention pond sized to reduce post‑development release rates. “Our calculations show the road over topping with a 5 year storm,” Graham said, and he added the proposed pond and storage are intended to hold more water and release less for storms up to the 100‑year event.

During the public hearing, Stacy Quates Mitchell, who identified herself as the owner of 6689 Twin Beach Road, said she has seen erosion at her driveway and on her lot and asked whether the subdivision would make the problem worse. “It’s coming from off the road,” Mitchell said, describing water that “is washing up everything” on her property. Staff and the applicant described their calculations and mitigation approach and noted that the county maintains storm sewer on the county road; the city provides water and sewer service.

On technical points, staff flagged several items the applicant must correct on the final plat(s) before recordation: show Kallick Circle frontage on Lot 2 for SD 2603, add a 30‑foot wetland buffer on Lot 1 where required, provide an engineer’s certification about maintained drainage levels, and label certain easements and setback lines. The applicant’s wetland report (EcoSolutions) voluntarily shows a 30‑foot wetland buffer but did not include a U.S. Army Corps of Engineers formal delineation; staff said a delineation may be required where jurisdictional wetlands affect green‑space calculations.

The commission discussed sidewalks and green‑space configuration. Staff said the packet includes an allowance for sidewalk exemptions where topography and tree preservation prevent effective sidewalks; commissioners asked the developer to work with staff on possible future sidewalk tie‑ins. The applicant indicated willingness to coordinate on sidewalk alignment and to consider mailbox kiosks to enhance pedestrian connectivity.

The waiver to allow two bioretention swales in the right‑of‑way was supported by staff with the condition that a cooperative maintenance agreement be adopted by City Council before any stormwater infrastructure is installed in city right‑of‑way. Planning staff emphasized that placing stormwater features in the right‑of‑way is limited and should not be used to justify increased development density.

Other actions: the commission approved a one‑year extension of the final plat approval for the Highlands at Fairhope Village subdivision (SD 24.14) so the developer can complete infrastructure and return for final MOP approval.

What’s next: Approvals allow the applicant to proceed to required downstream permitting and to submit revised plats and engineering certifications. The cooperative maintenance agreement and any county drainage permits remain outstanding items before stormwater facilities in the right‑of‑way could be constructed.