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2207 July 21 PC 102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov BILL GILLESPIE, JR. MAYOR J. SCOTT STEPHENS, AICP DIRECTOR CITY OF PRATTVILLE PLANNING COMMISSION AGENDA July 21, 2022 3:00 p.m. Call to Order: Roll Call: Mayor Gillespie, Councilman Chambers, Chairman Gardner, Vice-Chairman Daniel, Chief Johnson, Mrs. Carpenter, Mr. Hayden, Mr. King, and Mr. Mullins. Minutes: June 16, 2022 and July 6, 2022 Work Session Committee Reports: Old Business: None New Business: 1. Zoning Amendment: FAR (Forest, Agricultural, Recreation) to B-2 (General Business) Prattville Carpet Location: 2201 Cobbs Ford Road Petitioner: CFR 2201, LLC Public Hearing District 5 2. Preliminary Master Plan: Riverfell PUD Location; Highway 82 E Bypass Owner: RFA I, LLC; RFB I, LLC; RFD I, LLC Representative: Halieus, LLC Public Hearing District 7 3. Zoning Amendment: B-2 (General Business) & FAR (Forest, Agricultural, Recreation) to PUD (Planned Unit Development) Riverfell Location: Highway 82 E Bypass Owner: RFA I, LLC; RFB I, LLC; RFD I, LLC Representative: Halieus, LLC Public Hearing District 7 4. Preliminary Plat: Prattville East Commercial Plat 5 (Resurvey of Lots 2 & 4) Location: Southwest corner of E Main Street & McQueen Smith Road S Owner: Prattville Partners Limited Partnership Representative: Cross Development CC Prattville, LLC Public Hearing District 5 5. New Subdivision Regulations Public Hearing Miscellaneous: Adjourn: Approved 8/18/22 Prattville Planning Commission July 21, 2022 Minutes Page 1 of 3 CITY OF PRATTVILLE PLANNING COMMISSION MINUTES July 21, 2022 Call to order: Chairman Reuben Gardner called the regular meeting to order at 3:00 p.m. Roll Call: The secretary called the roll. Members present were Mayor Bill Gillespie, Chairman Reuben Gardner, Vice-Chairman Ken Daniel, Chief Dallis Johnson, Mrs. Paula Carpenter, Mr. Seth Hayden, Mr. Mugs Mullins, and Mr. Robert King. Councilman John Chambers was absent. (Quorum present) Staff present: Mr. Scott Stephens, City Planner; Mr. Tommie Williams, Planner; and Ms. Alisa Morgan, Secretary. Minutes: Mrs. Carpenter moved to approve the minutes of the June 16, 2022 regular meeting and July 6, 2022 work session. Mr. Daniels seconded the motion. The motion passed unanimously. Committee Reports: Old Business: There was no old business to discuss. Chairman Gardner changed the order that the agenda items were heard. New Business: 1. Zoning Amendment: FAR (Forest, Agricultural, Recreation) to B-2 (General Business) Prattville Carpet Location: 2201 Cobbs Ford Road Petitioner: CFR 2201, LLC Mr. Stephens introduced the zoning amendment request to rezone property located at 2201 Cobbs Ford Road. Chairman Gardner opened the floor for public comments. There were none. The public hearing was closed. Mrs. Carpenter introduced a resolution recommending approval of the rezoning of 2201 Cobbs Ford Road from FAR to B-2 and moved for its approval. Mr. Mullins seconded the motion. After their discussion, the vote was called. The motion to approve passed unanimously. 4. Preliminary Plat: Prattville East Commercial Plat 5 (Resurvey of Lots 2 & 4) Location: Southwest corner of E Main Street & McQueen Smith Road S Owner: Prattville Partners Limited Partnership Representative: Cross Development CC Prattville, LLC Mr. Stephens introduced the preliminary plat of Prattville East Commercial Plat 5. He stated that the plat is initially the same as presented at the previous (June 16) meeting but with more detailed information on the access agreement for Lot 4A, which will not have direct access to a main road by this subdivision. The access agreement is provided as shown in Exhibit C. Chairman Gardner opened the floor for public comments. There were none. The public hearing was closed. Approved 8/18/22 Prattville Planning Commission July 21, 2022 Minutes Page 2 of 3 Kevin McLaughlin with Aronov Development and Meagan Vieren with Cross Development were present for the representatives and provided clarity on the access agreement in place for the existing shopping center and what is proposed for the preliminary plat. Mr. Daniel introduced a resolution recommending approval of the preliminary plat of Prattville East Commercial Plat 5 (Resurvey of Lots 2 & 4). Chief Johnson moved for its approval. Mr. Mullins seconded the motion. After their discussion, the vote was called. The motion to approve passed unanimously. 2. Preliminary Master Plan: Riverfell PUD Location: Highway 82 E Bypass Owner: RFA I, LLC; RFB I, LLC; RFD I, LLC Representative: Halieus, LLC Mr. Stephens introduced the preliminary master plan and PUD zoning processes and discussed the uniqueness of the PUD zoning in how it’s designed to allow for flexibility and creativity in the plan. The process starts at the Planning Commission, then goes to the City Council for the zoning, then the final Master Plan approval request comes back to the Commission. Mr. Williams provided the staff report for the 232 acre property. The property located on Highway 82 north east of McClain Landing subdivision proposes for several different types of residential uses, green spaces, trails, and commercial uses. Chairman Gardner opened the floor for public comments. Jon Lee Finnegan, 211 Deer Trace, spoke on concerns on the identity of the owners, access, the amount of traffic, and the number of units on the acreage. After no further comments, the public hearing was closed. Mr. Mullins introduced a resolution recommending approval of the preliminary master plan of Riverfell PUD and moved for its approval. Mr. Hayden seconded the motion. Bradley Neave, petitioner, presented the preliminary master plan of Riverfell PUD (his powerpoint is included as part of these minutes). He stated that the property would be developed in phases with the consumer demand dictating which phase will be developed sooner. He stated that they have an upcoming meeting with the Alabama Department of Transportation (ALDOT) to discuss their traffic plans. After their discussion, the vote was called. Mr. Daniel moved to amend approval subject to a professional traffic study conducted and subject to any recommendations or requirements imposed by ALDOT. Mr. Mullins seconded the motion. The motion to amend passed unanimously. After no further discussion, the vote was called. The amended motion to approve passed unanimously. 3. Zoning Amendment: B-2 (General Business) & FAR (Forest, Agricultural, Recreation) to PUD (Planned Unit Development) Riverfell Location: Highway 82 E Bypass Owner: RFA I, LLC; RFB I, LLC; RFD I, LLC Representative: Halieus, LLC Chairman Gardner opened the floor for public comments. Jon Lee Finnegan, 211 Deer Trace and Rich Brasher, designer of the proposed development, made comments. After no further comments, the public hearing was closed. Mr. Hayden introduced a resolution recommending approval of the rezoning of Riverfell PUD from FAR & B-2 to PUD and moved for its approval. Mr. Mullins seconded the motion. Approved 8/18/22 Prattville Planning Commission July 21, 2022 Minutes Page 3 of 3 Mrs. Carpenter moved to amend approval subject to a professional traffic study conducted and subject to any recommendations or requirements imposed by ALDOT. Mayor Gillespie seconded the motion. The motion to amend passed unanimously. After no further discussion, the vote was called. The amended motion to approve passed unanimously. 5. New Subdivision Regulations Mr. Stephens presented the proposal for the changes to the subdivision regulations. Chairman Gardner opened the floor for public comments. Blake Rice of Barrett Simpson, Inc. provided comments. After no further comments, the public hearing was closed. Mr. Hayden introduced a resolution recommending approval of the new Subdivision Regulations as amended and moved for its approval. Mr. Mullins seconded the motion. The vote was called. The motion to approve passed unanimously. Miscellaneous: Adjourn: There being no other business, the meeting was adjourned at 5:04 p.m. Respectfully submitted, Alisa Morgan, Secretary Prattville Planning Commission Page | 1 Planning Commission Staff Report Zoning Map Amendment ZONING MAP AMENDMENT REQUEST: Proposed Zoning Map Amendment from F.A.R (Forest, Agriculture, and Recreation) to B-2 (General Business) of property at 2201 Cobbs Ford Road. MEETING DATE: July 21, 2022 A. BACKGROUND: Applicant/Representative: 2201 CFR LLC Owner: 2201 CFR LLC Property Location: 2201 Cobbs Ford Road Property Identification: Elmore County 26030700010270010 Property Size: 0.75 +/- acres Future Land Use Map (FLUM) Designation: Commercial Current Zoning District: F.A.R (Forest, Agriculture, & Recreation) Proposed Zoning District B-2 General Business Existing Land Use: Commercial B. DEVELOPMENT STATUS & HISTORY: Previous Requests: May not be exhaustive None Known C. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Commercial B-2 (General Business) South Church / Commercial R-4 (Multifamily) / B-2 (General Business) East Commercial B-2 (General Business) West Commercial B-2 (General Business) Page | 2 D. ANALYSIS: Proposed Use: The applicant is requesting to rezone 0.75 +/- acre parcel located at 2201 Cobbs Ford Road from FAR (Forest, Agriculture, Recreation) to B-2 General Business. Parcel is currently occupied by an existing business that has been in operation for many years. Street Connectivity: Parcel is located on Cobbs Ford Road. Water/Sewer: Public water and sewer is available E. COMPREHENSIVE PLAN: The subject site has a Future Land Use Map (FLUM) designation of Commercial On April 15, 2021, the Planning Commission adopted an updated Prattville Comprehensive Plan. The Future Land Use Plan and Map in Land Use + Transportation section (pg. 40) of the document shows the subject parcel in Commercial FLUM zone and surrounded by Commercial to the north, south, east and west. The proposed Zoning Map Amendment to B-2 General Business meets the general fabric of the area. PLANNING STAFF EVALUATION: The applicant would like the land use, commercial, to match the zoning. Parcel is currently zoned FAR (Forest, Agriculture, Recreation), however, the use is a commercial business that has been in operation on this parcel for many years. Property is located on a major commercial corridor, Cobbs Ford Road, and is surrounded by other business uses and commercial zoning. The applicant is requesting to rezone 0.75 acres of property from F.A.R to B-2 (General-Business). The land use is commercial even though it is zoned F.A.R. In a F.A.R district, commercial business is not allowed, therefore if a commercial business does exist within a F.A.R district it is considered legal non-conforming. A legal nonconforming structure may not alter, enlarge, or intensify in any way that increases the nonconformity. Applicant is proposing to rezone the property to match the existing land use and bring the property into compliance. The future land use map has this area designated as a Commercial area. Rezoning the parcels will be consistent with FLUM. Reviewed by: Darrell Rigsby, Senior Planner Recommendation: Approval 2207 2209 2189 2201 2181 COBBS FORD RD Aerial Map - 2201 Cobbs Ford Road ±0 200100 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets COBBS FORD RD THE EXCHANGE N SUGAR EXCHANGE COBBS FORD LN OLD FARM LN S VICTORIA PL ZELDA PL KORNEGAY DR COTTON EXCG FITZGERALD PL THE EXCHANGE Location Map - 2201 Cobbs Ford Road ±0 1,000500 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets COBBS FORD RD THE EXCHANGE N SUGAR EXCHANGE COBBS FORD LN OLD FARM LN S VICTORIA PL ZELDA PL KORNEGAY DR COTTON EXCG FITZGERALD PL THE EXCHANGE B-2 B-2 B-2 B-2 R-4 B-2 R-4 R-4 P.U.D. B-2 B-2 F.A.R. R-2 B-2 F.A.R. B-2 R-4 B-2 B-2 P.U.D.P.U.D.P.U.D. P.U.D.P.U.D. Zoning Map - 2201 Cobbs Ford Road ±0 1,000500 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets COBBS FORD RD THE EXCHANGE N SUGAR EXCHANGE COBBS FORD LN OLD FARM LN S VICTORIA PL ZELDA PL KORNEGAY DR COTTON EXCG FITZGERALD PL THE EXCHANGE Future Land Use Map - 2201 Cobbs Ford Road ±0 1,000500 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Downtown Commercial & Mixed Use Conservation & Green Space I Conservation & Green Space II Mixwed-Use Residential Mixed-Use Commercial Open Space General Commercial & Mixed Use General Industrial Light Industrial General Institutional Medium Density Residential Medium Density Residential - Powell/Hwy 31 Very Low Density Residential Low Density Residential Streets Page 1 of 3 Planning Commission Staff Report SUBDIVISION NAME: Resurvey of Lots 2 & 4 of the Map of Prattville East Commercial Plat No. 5 MEETING DATE: July 21, 2022 A. BACKGROUND: Applicant/Representative: Cross Development CC Prattville, LLC Owner: Prattville Partners Limited Partnership Property Location: Southeast corner of E. Main and McQueen Smith Road Property Identification: Autauga County 19061410010010030 & 19061410010010050 Property Size: 10.92 +/- acres (2 parcels) Future Land Use Map (FLUM) Designation: Commercial Current Zoning District: B-2 (General Business) Existing Land Use: Multi-Tenant Shopping Center and vacant parcel B. DEVELOPMENT STATUS & HISTORY: Previous Requests: May not be exhaustive 12/13/1989 K-Mart/Delchamps Shopping Center plat - Approved 2/20/1990 - Prattville East Commercial Plat No. 5 Corr - Recorded 6/16/2022 – Prattville East Commercial Plat No. 5 – Denied (access unclear) Page 2 of 3 C. SURROUNDING LAND USE AND ZONING: D. EVALUATION/COMMENTS: Street Connectivity: The proposed plat has access to East Main Street via three access drives on the north side of the property and access to McQueen Smith Road S via two access drives on the east side of the property. Lot 4 has access to a public road via a proposed access easement. Water/Sewer: Existing water and sewer are available at the site. B-2 (General Business) District Standards: Lot requirements for uses in B-2 zoning include the following: MINIMUM SETBACKS AND YARD SIZES: No setbacks or yard sizes established in B-2 zoning district. MINIMUM/MAXIMUM LOT SIZE: It is the intent of the ordinance that lots of sufficient size be used for any business or service use to provide adequate parking and loading space in addition to the space required for the other operations of the business or service.  Minimum Area None specified  Minimum Width at Building Line None specified  Maximum Height 65 feet or 5 stories  Maximum Lot Coverage None specified Direction Land Use Zoning North Commercial B-2 South Commercial B-2 East Commercial B-2 West Commercial B-2 Page 3 of 3 Staff Comments: The proposed preliminary plat, Resurvey of Lots 2 & 4 of the Map of Prattville East Commercial Plat No. 5, proposes to modify parcel lines within two existing parcels. The modified parcels create a primary lot (Lot 2A) that includes a portion of the existing shopping center building. Lot 2A will gain an additional access to E. Main from Lot 4A. This leaves Lot 4A, a currently vacant lot in the southwest corner of the development. The proposed plat creates a landlocked lot that does not have direct access to a public street. A waiver is required to allow the subdivision of a parcel that does not have direct access to a public street. All parcels also have access to existing water and sewer facilities. City Staff reviewed the Resurvey of Lots 2 & 4 of the Map of Prattville East Commercial Plat No. 5 preliminary plat and have provided minor comments for developer to address, including documentation of an shared access agreement granting Lot 4A an Access Easement to access E. Main Street. Waiver Request: Applicant is requesting a waiver from the City of Prattville Subdivision Regulations related to creating a non- conforming lot. Specifically, the waiver request is a request for relief from the Connection to Public Street requirements for all lots. Please see specific Subdivision regulations in violation below. Code of Ordinances City of Prattville, Alabama Appendix B – Subdivision Regulations Article V. – General Requirements and Minimum Design Standards Section A. – Conformity to general community plan. (1) All proposed subdivisions shall conform to the city zoning ordinance and the community plan. Section F. – Lots 5. Connection to public street required: Each new lot shall front upon a street whose right-of-way is not less than fifty (50) feet in width and which is connected with the public street system. Reviewed by: Darrell Rigsby, Senior Planner Recommendation: Approval, including Requested Subdivision Waivers COMMERCE CT Aerial Map - Prattville East Commercial Plat #5 ±0 500250 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets E MAIN ST SUMMER LN SEASONS DR SHEILA BLVD MCQUEEN SMITH RD S SANFORD DR PEBBLE CREEK DR HEATHER DR COMMERCE CT GREYSTONE WY GLYNWOOD DR SWEET RIDGE RD COBBS FORD RD MCQUEEN VILLAGE RD Location Map - Prattville East Commercial Plat #5 ±0 1,500750 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets E MAIN ST SUMMER LN SEASONS DR SHEILA BLVD MCQUEEN SMITH RD S SANFORD DR PEBBLE CREEK DR HEATHER DR COMMERCE CT GREYSTONE WY GLYNWOOD DR SWEET RIDGE RD COBBS FORD RD MCQUEEN VILLAGE RD B-2 R-2 B-2 B-2 R-2 R-5 R-5 R-5 R-5 B-1 R-2 R-3 R-4 R-1 Zoning Map - Prattville East Commercial Plat #5 ±0 1,500750 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets E MAIN ST SUMMER LN SEASONS DR SHEILA BLVD MCQUEEN SMITH RD S SANFORD DR PEBBLE CREEK DR HEATHER DR COMMERCE CT GREYSTONE WY GLYNWOOD DR SWEET RIDGE RD COBBS FORD RD MCQUEEN VILLAGE RD Future Land Use Map - Prattville East Commercial Plat #5 ±0 1,500750 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Downtown Commercial & Mixed Use Conservation & Green Space I Conservation & Green Space II Mixwed-Use Residential Mixed-Use Commercial Open Space General Commercial & Mixed Use General Industrial Light Industrial General Institutional Medium Density Residential Medium Density Residential - Powell/Hwy 31 Very Low Density Residential Low Density Residential Streets THIS INSTRUMENT WAS PREPARED BY: Robert D. Rives, Esq. Capell & Howard, P.C. 150 South Perry Street Montgomery, AL 36104 (334) 241-8000 4849-8913-4324.v2 STATE OF ALABAMA AUTAUGA COUNTY DECLARATION OF EASEMENTS, RESTRICTIONS AND CONDITIONS This Declaration of Easements, Restrictions and Conditions (this “Declaration”) is made as of the ____ day of __________, 2022 (the “Declaration Date”), by and between PRATTVILLE PARTNERS, LIMITED PARTNERSHIP, an Alabama limited partnership (“Developer”), and CROSS DEVELOPMENT ACQUISITION, LLC, a Texas limited liability company (“Lot Owner”). RECITALS A. Developer owns certain property located in the City of Prattville, Autauga County, Alabama as further described on Exhibit A attached hereto and made a part hereof, (the “Developer Tract”); and B. As of the date of this Declaration, Lot Owner has acquired from Developer a tract of land adjacent to the Developer Tract as further described on Exhibit B attached hereto and made a part hereof (“Lot 4A”); and C. The parties desire to establish certain easements, restrictions and conditions with regard to their respective tracts. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Definitions. The following terms shall have the meanings specified below: (a) Tract or Tracts. The term “Tract” singularly shall mean either the Developer Tract or Lot 4A as context would permit, and “Tracts” collectively shall mean both the Developer Tract and the Lot 4A. (b) Party or Parties. The term “Party” singularly shall mean either Developer, Lot Owner, or a respective successor or assign, as context would permit, and “Parties” collectively shall mean Developer and Lot Owner, their respective successors and assigns. (c) Business Day. The term “business day” shall mean and refer to any day other than a Saturday, Sunday, or a holiday recognized by the United States government. 2 2. Access Easements. (a) Developer does hereby grant and convey subject to the terms hereof unto Lot Owner, for the use and benefit of Lot Owner, its employees, invitees, tenants, contractors, and licensees, and appurtenant to and running with the Lot 4A, a perpetual non-exclusive easement for vehicular passage, ingress and egress over, across and upon those certain driveways located on the Developer Tract and identified as Lot Access Driveways on Exhibit C attached hereto and made a part hereof (collectively the “Lot Access Easement”). Notwithstanding anything to the contrary, Developer reserves the right to temporarily close all or any portion of the Lot Access Easement to such extent, as in the reasonable opinion of Developer, may be necessary and sufficient to prevent a dedication thereof or any accrual of rights in the public generally or in any person other than the owner of the Lot 4A. Notwithstanding anything herein to the contrary, all transport trucks, tow trucks, flatbeds, freight trucks, semi-trailer trucks, 18 wheelers, tractor-trailer trucks, construction vehicles and equipment, heavy machinery, and all other similar heavy vehicles accessing the Lot 4A are only permitted to use the driveways identified on Exhibit C as the Heavy Vehicle Driveway, and such vehicles are hereby prohibited from using any other Lot Owner Access Driveway or any other portion of the Developer Tract. (b) Lot Owner does hereby grant and convey subject to the terms hereof unto Developer, for the use and benefit of Developer, its employees, invitees, tenants, contractors, and licensees, and appurtenant to and running with the Developer Tract, a perpetual non-exclusive easement for vehicular passage, ingress and egress over, across and upon those certain driveways located on the Lot 4A and identified as Developer Access Driveways on Exhibit C (collectively, “Developer Access Easement”). Notwithstanding anything to the contrary, Lot Owner reserves the right to temporarily close all or any portion of the Developer Access Easement to such extent, as in the reasonable opinion of Lot Owner, may be necessary and sufficient to prevent a dedication thereof or any accrual of rights in the public generally or in any person other than the owner of the Developer Tract. 3. Sign Easement. Developer does hereby grant and convey subject to the terms hereof unto Lot Owner, for the use and benefit of Lot Owner, and appurtenant to and running with the Lot 4A, a perpetual exclusive easement upon the portion of the Developer Tract identified as the Sign Easement on Exhibit C (the “Sign Easement”) for the purpose of constructing, operating, maintaining, repairing, and replacing one freestanding monument sign identifying the name of the business operating on the Lot 4A for a use permitted by this Declaration. The size, character, appearance, location, installation and maintenance of such sign must (i) comply with all rules, ordinances, regulations and laws of any and all appropriate governmental authorities, including zoning ordinances, and (ii) receive Developer’s prior written approval. 4. Drainage Easement. Developer does hereby reserve, declare, grant and convey subject to the terms hereof unto itself, for the use and benefit of itself, its successors and assigns, and the Developer Tract, and appurtenant to and running with the Developer Tract, a perpetual 3 non-exclusive easement for the discharge, spilling, dumping, and draining of storm water, rainfall, and other surface or underground water, onto, over, across, through, and under the Lot 4A. Lot Owner reserves the right, at its sole cost and expense, to change, develop, reconfigure, relocate, diminish and/or increase the drainage ponds, pipes, and other drainage facilities (the “Drainage Facilities”) on Lot 4A from time to time and to create alternative systems of drainage over, across, under and through Lot 4A so long as the same actions do not materially and adversely interfere with the discharge and flow of water from the Developer Tract. The Lot Owner shall be responsible for the maintenance, repair and replacement of the Drainage Facilities at its sole cost and expense. 5. General Utilities Easement. Developer does hereby reserve, declare, grant and convey subject to the terms hereof unto itself, for the use and benefit of itself, its successors and assigns, and appurtenant to and running with the Developer Tract, a perpetual non-exclusive easement for the installation, operation, maintenance, repair, replacement and relocation of utilities and related lines, pipes, and equipment on, in, under, over and/or across the Lot 4A in their current locations as of the date hereof, or future locations that do not materially and adversely interfere with the operation of the business then being operated on, or the building located on the Lot 4A, other than temporary interference while such work is being performed, and Developer agrees to use diligent good faith efforts to perform such work in a manner and at times as to diminish the likelihood of any such interference. Except in the event of an emergency, Developer shall provide at least two (2) days prior written notice to Lot 4A Owner prior to performing any work related to said easement. Developer shall be responsible for all cost and expense of any such installation, operation, maintenance, repair, replacement and relocation of such lines, pipes, facilities and equipment, and for any damage caused to the Lot 4A by a breach by Developer of the provisions of this paragraph, except that Developer shall have no such responsibilities relating to any utilities benefitting or operated by public utilities, municipalities or similar entities or for any damages caused by the Lot Owner or its agents, employees, or contractors. 6. Maintenance. (a) The Lot Owner shall maintain the Lot 4A and the Sign Easement, including all buildings, signs, improvements, landscaping, fences, pavement, lighting, parking areas, sidewalks, aisles, and driveways thereon, in good order and repair and in a clean and sanitary condition and keep such non-building areas on the Lot 4A properly drained and reasonably free of debris, standing water, snow, ice, and potholes. Trash, garbage and other debris must be removed from the parking lots, sidewalks and driveways on the Lot 4A and Sign Easement as needed but at least on a weekly basis. The Lot Owner shall use its best efforts to prevent trash, garbage and other debris from blowing or spilling onto, or otherwise littering, the Developer’s Tract, and shall be responsible for promptly removing any trash, garbage or debris from Developer’s Tract. Nothing herein shall create or be construed to create any rights in the general public in and to all or any portion of such area. 4 (b) All trash and garbage on the Lot 4A shall be stored in adequate containers outside of the structure on the Lot 4A provided it is properly contained and such container is properly screened. No trash or garbage shall be burned at any time in or about the Lot 4A. (c) The owner of the Lot 4A shall install, preserve, and maintain on the Lot 4A such shrubbery, trees and other landscaping in an amount harmonious and consistent with the landscaping of the Developer Tract. In addition, no landscaping on the Lot 4A may adversely interfere with the visibility of improvements or driving lanes on, or operation of, the Developer’s Tract. (d) The Lot Owner shall, at its cost and expense, operate all common area lighting on the Lot 4A during no less than the hours the lighting on the Common Areas of the Developer Tract is operated. Lot Owner will install and use such lighting fixtures and equipment as is shown on plans approved in advance in writing by Developer. 7. Plans and Specifications; Construction. (a) No building, sign, parking areas, driveways, or other improvement shall be constructed, or have exterior modifications, on the Lot 4A or Sign Easement unless and until all plans and specifications (the "Plans") including, without limitation, plans and specifications relating to and consisting of all aspects of design, exterior elevations, site plan, layout, drainage, engineering, signage, landscape, screening, and lighting plans, have been approved in advance in writing by Developer. The Lot 4A and all improvements thereon must company with the approved Plans, or other Plans subsequently approved by Developer. Developer’s approval shall not be unreasonably withheld, conditioned, or delayed. (b) Without limiting Developer’s approval rights under Section 7(a) above, (i) there shall be only a single building on the Lot 4A, (ii) there shall be maintained on the Lot 4A parking spaces not less than the greater of (A) ____________ per one thousand (1,000) square feet of building area (including mezzanines) on the Lot 4A or (B) as required by applicable law or ordinance, (iii) all dumpsters and compactors, loading and service areas, mechanical and electrical equipment, storage facilities and bins, and other building appurtenances which may be aesthetically undesirable shall be screened as Developer requires; (iv) all utilities shall be entirely underground and there shall be no lines, services, poles, wires or other utility facilities whether similar or dissimilar which shall be constructed or permitted to remain above ground level; and (v) roof mounted equipment, roof vents and other roof appurtenances must be screened from public view from ground level on the Developer Tract. (c) Developer does hereby grant and convey subject to the terms hereof unto Lot Owner, for the use and benefit of Lot Owner, and appurtenant to and running with the Lot 4A, a general temporary construction easement over the portion of the Developer Tract identified as the Temporary Staging Easement Area on Exhibit C (the “Temporary Staging Easement”) for the purpose of storing materials and equipment used in the construction of the Lot Owner’s improvements on the Lot 4A, which easement shall expire on the earlier of the date that is (i) 5 thirty (30) days following completion of construction by the Lot Owner, or (ii) twelve (12) months after the date Lot Owner commences construction on the Lot 4A. No penetrations may be made to any part of the Temporary Staging Easement Area. (d) Except as otherwise specifically set out in this Declaration, all construction on the Lot 4A shall be staged wholly within the Lot 4A. Construction traffic related to the Lot 4A is only permitted to use the Heavy Vehicle Driveway and is hereby prohibited from using any other Lot Owner Access Driveways or any other portion of the Developer Tract. Lot Owner shall (or shall ensure) at all times take any and all safety measures reasonably required to protect Developer, and tenants, occupants, customers, guests, invitees on the Developer Tract, from injury or damage caused by or resulting from such construction or construction traffic. (e) Following the completion of construction work on and around the Lot 4A, the Lot Owner agrees to perform any work necessary to repair the Heavy Vehicle Driveway, the Temporary Staging Area, and any other part of the Developer Tract or surrounding area damaged by or in relation to such construction work to at least as good a condition as it existed prior to the commencement of its work and reseal and restripe those areas. 8. Developer Tract Restrictions. The Developer Tract shall not be used for any use which as its primary business provides any automobile, truck, trailer, or recreational vehicles painting or body shop repairs. Notwithstanding anything to the contrary provided herein, it is understood and agreed that the foregoing restriction on the Developer Tract shall not apply to any existing leases or other agreements for occupancy of any space (or expansions thereof) on the Developer Tract or to any amendments thereto or any extensions or renewals thereof (whether pursuant to an option, extension or a renewal lease), provided, however, that Developer shall not amend any existing lease or other agreement for occupancy, or modify the permitted use clause of same in order to permit any use which would be in violation of the foregoing restrictions and which would not be permitted under the terms and provisions of the existing lease or other agreement for occupancy. 9. Lot Restrictions. The following restrictions shall apply to the Lot 4A (collectively, the “Lot Restrictions”): (a) The Lot 4A shall not be used for any of the following prohibited uses: Cinema or any kind of theater, skating rink, bowling alley, discotheque, dance hall, nightclub, amusement gallery, pool room, massage parlor, tattoo parlor, dry cleaning plant, gymnasium, health spa, exercise facility or other similar physical fitness or well-being facility, auditorium, , filling station, convenience store, the sale of gasoline or diesel fuel, consignment or “second hand” store, antique mall, crematorium, any industrial or manufacturing use, sale of fireworks, any use which produces dust, dirt or fly ash in excessive quantities, any use which produces noise or sound that is objectionable due to intermittence, beat, shrillness of loudness, any use which produces noxious levels of smoke or odor outside a building, abortion or reproduction health clinic, coin operated laundry or any distilling, assembling, refining, smelting, recycling or mining operation, adult video store, adult bookstore, pinball or electronic game room, any form 6 of gambling, any bar, lounge, club, nightclub, liquor store, a so-called "head shop", funeral parlor or funeral home, mausoleum, flea market, bingo parlor, a training or education facility (including but not limited to a beauty school, barber college, reading room or other place of instruction catering primarily to students rather than customers), cafeteria, grocery super market, drug store, establishment for the sale of tools and related merchandise, prescription pharmacy or prescription pharmacy department or any use which would constitute a legal nuisance. Notwithstanding the foregoing, nothing contained herein shall be construed as to restrict the Lot 4A from being used for a first class automobile, truck, trailer or recreational vehicle painting, or body shop repair operation, and incidental to such repair work, the leasing and storage of vehicles, and any such use is expressly permitted on the Lot 4A. (b) The Lot 4A shall remain one (1) lot and shall not be subdivided. (c) In the event the improvements are damaged or destroyed, Lot Owner shall promptly restore the same or raze said improvements and grade and landscape the Lot 4A and complete such work no later than twelve (12) months after such damage or destruction. In the event Lot Owner fails to perform as required by this Section 9(c) after any damage or destruction, Developer shall have an option until said to purchase the Lot 4A from Lot Owner at the original purchase price reduced by the reasonable estimate of the costs to raze and grade said improvements and grade and landscape the Lot 4A. Any notice of the exercise of the option under this Section 9(c) shall be in writing. The closing of the option exercise shall occur within sixty (60) days of the delivery of Developer’s notice of exercise at a time and place selected by Developer; provided, however, that such sixty (60) day period shall be extended for any period of delay caused by or attributable to Lot Owner. At the closing, Lot Owner shall deliver a statutory warranty deed conveying fee simple title to the Lot to Developer, free and clear of all outstanding rights of possession and subject only to those matters which constituted permitted exceptions, as defined in the sales contract between the parties, existing when Developer conveyed the Lot 4A to Lot Owner. Developer shall pay all closing costs for the exercise of the option and the closing contemplated thereby (excluding, however, Lot Owner’s attorneys’ fees, which shall be paid by Lot Owner) and shall pay the purchase price at closing. (d) Without limiting Developer’s approval rights as otherwise set out in this Declaration, (i) there shall be only a single building on the Lot 4A, and, (ii) all dumpsters and compactors shall be screened as Developer requires. (e) Lot Owner and any subsequent owner shall pay the Owner of the Developer Tract annual maintenance assessments for the lighting, maintenance and repairs of the Developer Tract common areas as they may exist from time to time (the "Assessments" and singularly an "Assessment") due on the last day of each year. Such Assessment shall be made for the year of Closing based on an annual Assessment of One Thousand and No/100 Dollars ($1,000.00), prorated for the period of the calendar year subsequent to Closing. On each December 31st thereafter, the Assessments shall increase by three percent (3.0%) over the amount of the Assessment for the prior year. If such payments are not made when due, interest shall accrue thereon at ten percent (10%) per annum until paid. Developer shall have a lien on the Lot 4A and all further improvements thereon for such payments which, if not paid within fourteen (14) 7 days of receipt of notice of default in payment, shall entitle Developer to foreclose on its lien as mortgages are foreclosed by power of sale in Alabama. (f) So long as Advance Cash America, its successors or assigns, is a tenant or occupant on the Developer Tract pursuant to that certain Lease Agreement between Advance America, Cash Advance Centers of Alabama, Inc. and Prattville Partners, Limited Partnership (or its predecessors in interest) dated as of August 17, 1999, as amended, replaced, restated, extended or renewed from time to time, the Lot 4A shall not be used for the primary business of cash advance and overdraft protection services. (g) So long as H&R Block, its successors or assigns, is a tenant or occupant on the Developer Tract pursuant to that certain Lease Agreement between H&R Block Eastern Enterprises, Inc. and Prattville Partners, Limited Partnership (or its predecessors in interest) dated as of September 12, 2007, as amended, replaced, restated, extended or renewed from time to time, the Lot 4A shall not be used for the primary use as financial services business, including, but not limited to, tax preparation, electronic tax filing and refund anticipation loans. (h) So long as Premiere Entertainment, L.L.C., d/b/a/ Palm Beach Tan, its successors or assigns, is a tenant or occupant on the Developer Tract pursuant to that certain Lease Agreement between Premiere Entertainment, L.L.C. and Prattville Partners, Limited Partnership (or its predecessors in interest) dated as of December 12, 2000, as amended, replaced, restated, extended or renewed from time to time, the Lot 4A shall not be used for the primary use as a tanning salon. (i) So long as Physicians Choice Dialysis of Alabama, LLC, its successors or assigns, is a tenant or occupant on the Developer Tract pursuant to that certain Lease Agreement between Physicians Choice Dialysis of Alabama, LLC and Prattville Partners, Limited Partnership (or its predecessors in interest) dated as of June 25, 2018, as amended, replaced, restated, extended or renewed from time to time, the Lot 4A shall not be used by a business that derives more than ten percent (10%) of its revenues at that location from renal dialysis, renal dialysis homo training, any aphaeresis service(s) or similar blood separation or cell collection procedures, except services involving the collection of blood or blood components, and in addition, no advertisement for any such business may be displayed on the Lot 4A. Unless expressly provided to the contrary, the Lot Restrictions shall constitute perpetual covenants running with the Lot 4A, burdening the Lot 4A and benefiting the Developer Tract and the owner(s) and mortgagees(s) thereof. With respect to the Lot Restrictions contained in Section 9(f) – (i) above, the specified prohibited uses may also be enforced by any occupant of space in the Developer Tract who, under the express terms of such occupant’s lease or agreement, (i) is the beneficiary of such prohibited use, and (ii) is granted rights of enforcement of such prohibited use or uses. 10. Indemnity. Lot Owner hereby agrees to indemnify, defend and hold Developer harmless from and against any liabilities, losses, damages, causes of action, suits, claims, investigations, or expenses (including reasonable attorneys’ fees) in connection with any death of or bodily or personal injury to any person or persons or any damage to or loss or destruction of any property arising or resulting from, out of or in connection with the occupancy or use of the 8 Lot 4A, or any part thereof, or of any of the easements or other rights benefiting the Lot 4A (including those created by this Declaration), or of any other part of the Developer Tract, by Lot Owner, its contractors, subcontractors or their respective officers, members, managers, agents, servants, employees, tenants, contractors, licensees, customers or invitees (collectively the “Lot Owner Parties”), or occasioned wholly or in part by any negligence or other misconduct of Lot Owner or any Lot Owner Party; provided, however, that Lot Owner shall have no obligation to indemnify, defend and hold Developer harmless from and against any liabilities, causes of action, suits, claims, investigations, expenses or other damages (including reasonable attorneys’ fees) resulting or arising from the negligence or other misconduct of Developer and its tenants and their respective employees, agents, invitees, customers and licensees. 11. Insurance. Lot Owner and its successors and assigns in ownership of the Lot 4A shall (i) at all times carry and maintain, at its sole cost and expense, commercial general liability insurance on an occurrence form, including contractual liability, personal and bodily injury, and property damage insurance, with a combined single limit in an amount of not less than $2,000,000 per occurrence and an aggregate limit of not less than $4,000,000, (ii) name the owner of the Developer Tract as an additional insured under such insurance policy, and (iii) provide a certificate of insurance evidencing such coverage to the owner of the Developer Tract upon written request. Such insurance shall contain a clause stating that there shall be no reduction, cancellation, or non-renewal of coverage without giving the owner of the Developer Tract thirty (30) days prior written notice. Without limiting the foregoing, such insurance shall cover the Lot Owner’s construction work and indemnification obligations set out in this Declaration. 12. Compliance With Laws. Anything stated to the contrary notwithstanding, all of operations and activities on the Lot 4A, including without limitation, construction activities buildings, signs, landscaping and other improvements whatsoever, must comply with, and are subject to, all statues, codes, ordinances, rules, regulations and laws of any and all appropriate governmental authorities, all easements, covenants, conditions, restrictions, or reservations of record in the Office of the Judge of Probate of Autauga County, Alabama as of the date hereof, and all matters that would be revealed by an accurate survey of the Lot 4A, Developer Tract and areas covered by and surrounding the easements granted hereby. 13. Successors, Assigns. This Declaration and the easements, covenants, benefits and obligations created hereby shall inure to the benefit of and be binding upon each party hereto and its assigns, grantees and successors-in-interest and shall be deemed to benefit and run with the land comprising both Tracts. 14. Injunctive Relief. In the event of any violation or threatened violation of any provision in this Declaration by either Party, or any lessee or occupant of any portion of a Tract, the injured Party shall have the right, in addition to any other remedies that may be available, at law or in equity, to enjoin such violation or threatened violation. 9 15. Modification. Notwithstanding anything to the contrary, this Declaration may not be modified in any respect whatsoever or rescinded, in whole or in part, except with the written consent of the owners of the Lot 4A and the Developer Tract (and if the Developer Tract has at that time been subdivided, then as to the Developer Tract, only the consent of the owner of the portion of the Developer Tract which is burdened by the Lot Access Easement, Developer Access Easement, and Sign Easement shall be required for changes to those areas, and the consent of the owner of the majority land in what is currently the Developer Tract shall be required for other changes). 16. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of any Tract to the general public or for any public purposes whatsoever, it being the intention of the parties that this Declaration shall be strictly limited to and for the purposes herein expressed. 17. Breach Shall Not Permit Termination. No breach of this Declaration shall entitle either Party to cancel, rescind or otherwise terminate this Declaration, but such limitation shall not affect in any manner any other rights or remedies which such Party may have hereunder by reasons of any breach of this Declaration. 18. Attorneys’ Fees. In the event legal proceedings are brought or commenced to enforce any of the terms of this Declaration the prevailing Party in such action shall be entitled to receive, and shall receive from the non-prevailing Party, a reasonable sum as attorneys’ fees and costs to the extent permitted by applicable law. 19. Time. Time is of the essence in this Declaration. 20. Notices. Any notice or demand given or served by one party to the other shall not be deemed to have been duly given or served unless in writing and forwarded by certified mail, postage prepaid, or by a recognized overnight courier service (such as Airborne Express or Federal Express), addressed as follows: Developer: Prattville Partners, Limited Partnership 3500 Eastern Boulevard Montgomery, Alabama 36116 Attn: Legal Department Lot Owner: Cross Development Acquisition, LLC 4336 Marsh ridge Road Carrollton, TX 75010 Attention: _________ Notices and demands shall be deemed effective upon: (i) in the case of personal delivery, on the date of delivery; (ii) on the day of the first attempted delivery on a business day after the same is deposited in any official depository or receptacle of the United States Postal Service first class certified mail, return receipt requested, postage prepaid; and (iii) on the day of the first attempted 10 delivery on a business day after the same is deposited with a nationally recognized overnight delivery service that guarantees overnight delivery; provided, however, if the day of such notice, demand, request or communication shall be deemed to have been given and received as aforesaid is not a business day or if delivery is made after 5:00 p.m. Mobile Alabama time on any business day, such notice, demand, request or communication shall be deemed to have been given and received on the next business day. The person and place to which notices are to be sent may be changed by a Party upon written notice to the other party. 21. Captions. The captions in this Declaration are for convenience only and do not constitute a part of the provisions hereof. 22. Severability. In the event any of the provisions, or portions thereof, of this Declaration are held to be unenforceable or invalid by any court, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. 23. Pronouns. When required by context, the singular shall include the plural and the neuter gender shall include a person, partnership, corporation, limited liability company, firm, association or other business arrangement. 24. Counterparts. This Declaration may be executed in counterparts each of which deemed an original hereof. Furthermore, complete execution of this Declaration shall exist if counterparts thereof, taken together, reflect execution by all parties. 25. Choice of Law. This Declaration shall be governed by and construed in accordance with the laws of the State of Alabama. 26. Waiver of Jury Trial. To the extent permitted by applicable law, Developer and Lot Owner, for themselves and their respective heirs, estates, personal representatives, successors and assigns, knowingly, voluntarily and intelligently waive all right to trial by jury in any action or proceeding to enforce or defend any rights or remedies under this Declaration. 27. Venue. Each party to this Declaration does hereby submit to the jurisdiction of the courts of the state in which the Tracts are located and stipulates and agrees that any state or federal court of competent jurisdiction located in the state in which the Tracts are located shall have jurisdiction to hear and finally determine any claim, dispute, controversy or action arising out of this Declaration. 28. Interpretation. The Parties hereby agree that each Party has reviewed and had the opportunity to review this Declaration, and each Party has had the opportunity, whether exercised or not, to have each respective Party’s attorney review this Declaration. Accordingly, the normal rule of construction to the effect that any ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Declaration. 11 29. Incorporation. All exhibits and schedules attached hereto, or to be attached hereto and all other agreements and instruments referred to herein are hereby incorporated by reference into this Declaration as fully as if copied herein verbatim. 30. No Cross-Parking Easements. This Declaration does not establish, and is not intended to establish, any parking easement on the Developer Tract in favor of the Lot 4A, or on the Lot 4A in favor of the Developer Tract. IN WITNESS WHEREOF, this Declaration has been executed as of the date first above written. [SIGNATURES BEGIN ON NEXT PAGE] 12 [SIGNATURE PAGE TO DECLARATION OF EASEMENTS, RESTRICTIONS AND CONDITIONS BETWEEN PRATTVILLE PARTNERS, LIMITED PARTNERSHIP, AN ALABAMA LIMITED PARTNERSHIP AND CROSS DEVELOPMENT ACQUISITION, LLC, A TEXAS LIMITED LIABILITY COMPANY.] DEVELOPER: PRATTVILE PARTNERS, LIMITED PARTNERSHIP, an Alabama Limited Partnership By: Prattville Retail, Inc. Its: General Partner By: Name: Title: ______________________________ STATE OF ALABAMA ) MONTGOMERY COUNTY ) I, the undersigned, a notary public in and for said County in said State, hereby certify that ___________________________ whose name as ________________________ of Prattville Retail, Inc., an Alabama corporation, the General Partner of PRATTVILLE PARTNERS, LIMITED PARTNERSHIP, an Alabama limited partnership, is signed to the foregoing conveyance, and who is known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, (s)he, as such officer and with full authority, executed the same voluntarily on the day the same bears date for and as the act of said corporation in its capacity as general partner of said limited partnership. Given under my hand this _____ day of ______________, 2021. ________________________________ Notary Public My Commission Expires:___________ 13 [SIGNATURE PAGE TO DECLARATION OF EASEMENTS, RESTRICTIONS AND CONDITIONS BETWEEN PRATTVILLE PARTNERS, LIMITED PARTNERSHIP, AN ALABAMA LIMITED PARTNERSHIP AND CROSS DEVELOPMENT ACQUISITION, LLC, A TEXAS LIMITED LIABILITY COMPANY.] LOT OWNER: CROSS DEVELOPMENT ACQUISITION, LLC, a Texas limited liability company By: ______________________________ Name: ______________________________ Its: ______________________________ STATE OF _________________ ) ________________ COUNTY ) I, the undersigned, a notary public in and for said County in said State, hereby certify that __________________ whose name as ____________ of CROSS DEVELOPMENT ACQUISITION, LLC a Texas limited liability company, is signed to the foregoing conveyance, and who is known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, (s)he, as such ______________ and with full authority, executed the same voluntarily on the day the same bears date for and as the act of said limited liability company on the day the same bears date. Given under my hand this _____ day of ___________, 2021. ________________________________ Notary Public My Commission Expires:___________ EXHIBIT A Legal Description of Developer Tract EXHIBIT B Legal Description of Lot 4A [Insert platted description] EXHIBIT C Site Drawing The sole purpose of this Exhibit is to illustrate the location of the Lot Access Easement, Developer Access Easement, Heavy Vehicle Driveway, Sign Easement, _______________. No representation or warranty is made concerning any other information shown hereon. [The following is for draft purposes] Riverfell Preliminary Master Plan Page 1 of 5 Planning Commission Staff Report SUBDIVISION NAME: Riverfell P.U.D Preliminary Master Plan MEETING DATE: July 21, 2022 A. BACKGROUND: Applicant/Representative: Bradley Neave/Halieus, LLC Owner: RFA I, LLC; RFB I, LLC; RFD I, LLC Property Location: Highway 82 Bypass Property Identification: Elmore County: 2604190001002000, 2604190001002001, 2604180001006002 Autauga County: 19062410000020020 Property Size: 232 +/- acres Future Land Use Map (FLUM) Designation: Medium Density/Greenspace Current Zoning District: B-2 (General-Business) & F.A.R (Forest, Agriculture, Recreation) Existing Land Use: Vacant / Undeveloped Land B. DEVELOPMENT STATUS & HISTORY: Previous Requests: May not be exhaustive N/A Riverfell Preliminary Master Plan Page 2 of 5 C. SURROUNDING LAND USE AND ZONING: D. EVALUATION/COMMENTS: Street Connectivity: The proposed Preliminary Master plan will connect to Constitution Ave TO the north, Highway 82 will be the main entrance, and Cooters Pond will be the possible south connection. All entrances will have license plate readers as a form of security. Water/Sewer: Public water and sewer is available P.U.D (Planned Unit Development District Standards: Lot requirements for uses in P.U.D zoning include the following: Density, building height and setbacks must conform to the standards in Table 6-4. Requirements in excess of those in Table 6-4 must be specified in the Master Plan as well as any additional proposed standards. Unless other standards are proposed by the applicant and approved with the Master Plan, the area and dimensional requirements in Article 7 for townhouses, patio homes, multifamily and other residential uses apply. In its recommendation to the Council, the Commission will submit its findings regarding whether and to what degree: (Section 6.04.02) 1) Does the proposal conform to the comprehensive plan? The Comprehensive Plan has this area designated medium density and greenspace. The P.U.D being proposed has a total green area of 81.3 acres that will include trails, bike paths, and walking paths. Walkability is strongly encouraged in the new Comprehensive Plan with paths and bike trials. As we are currently, working on a new bike plan that will encourage more Direction Land Use Zoning North Residential (Hedgefield Subdivision) P.U.D South Undeveloped F.A.R East Developed (Golf Course) F.A.R West Residential (McClain Landing) R-3 Riverfell Preliminary Master Plan Page 3 of 5 modes of transportation other than automobiles, Riverfell meets all of the guidelines of a walkable community outlined in the Comp. Plan. The City of Prattville Comp. Plan has a medium density of 4-5 units per acre. Riverfell is proposing an overall unit per acre of 5.67. Staff believes that due to its proposed location, variety of housing types and uses, the proposed PUD conforms with the Comp. Plan in its character and desired pattern of development. 2) Does the proposal meet the intent, objectives, and general requirements of the Planned Unit Development District. The purpose of a Planned Unit Development is to provide flexible land use regulations and development standards that encourage greater variety in the type of design, siting of structures, and a combination of uses. Density requirements, setbacks, and other land use regulations may be adjusted to allow for a more desirable living environment. The intent of a Planned Unit Development is to have local shopping and residential in close proximity to encourage walking and community. The general requirements for PUD in the City of Prattville are: 1. Ownership. The tract must be either in one ownership or the subject of a jointly filed application by the owners of all the properties included. In the case of multiple ownership, the approved site and development must be binding on all owners. If submitted by someone other than the current owner of the property, the submission must be accompanied by satisfactory evidence of the existence of an option to purchase or other agreement so as to ensure that the owner is in agreement with the proposed development. Properties are all owned by LLCs and they are applied together. 2. Common property in the PUD District. Provisions must be made for the ownership and perpetual maintenance of any proposed common open spaces or other common facilities in accordance with §3.07 Common Open Spaces and Facilities. Dedication of any portion of a PUD must be in accordance with the provisions of the City Subdivision Regulations. The applicant will have an HOA and will comply with the Subdivision Regulations. 3) Is the proposal is conceptually sound in that it meets a community need and conforms to accepted design principles in the proposed street system, land use configuration, open space system, and drainage and utility systems. Today’s suburban neighborhoods are car-centric, meaning you have to get into your vehicle to accomplish most of your daily tasks. Riverfell is utilizing design, street systems, and land-use configurations to establish a community that will be nothing like any community within the city limits of Prattville. The community has a need for senior living, with investment in development increasing within the last couple of years in the City of Prattville. Single-family homes have been increasing dramatically for the last 10 years in this area, with the combination of mixed-use and trails being located within walking distance, Riverfell is meeting a community need. The street system that is located in downtown Prattville (block/grid system) is not being utilized in today’s development of subdivisions. Riverfell configuration will be consistent with the development being utilized today. 4) Are there are adequate services and utilities available in the construction of the development. Riverfell is a large development that will take a substantial amount of services and utilities to complete the project. There are some single-family neighborhoods in close proximity to the proposed development. Hedgefield subdivision is located north of Riverfell, McClain Landing Subdivision is located west of Riverfell, and Scenic Hills will abut the new development. There will be adequate services and utilities to maintain the construction of the new project. The Engineering Department and Public Works have all reviewed the proposal. Riverfell Preliminary Master Plan Page 4 of 5 Staff Comments: This proposed Preliminary Master Plan implements a New Urbanism concept. New Urbanism is a planning approach that is reviving the lost art of walkable cities. It is an approach that has different types of homes (senior living, apartments, single-family homes, and townhouses) stores, recreation, and other uses all in a centralized location. New Urbanism is a concept that is built around sustainability and walkability. When cities were first developed blocks and streets were walkable and shops were in close proximity. New Urbanism is not car-centric and focuses more on quality of life and human-scaled design. Riverfell encompasses 232 +/- acres of land with shops, parks, trails, and recreation all within walking distance. Riverfell will have four different types of dwellings; senior living, multi-family, single-family homes, and townhouses. This will encourage different types of people in different stages of their lives, which inspire a diverse community and a better quality of life. The P.U.D is consistent with the Comprehensive Plan with paths and bike trials. As we are currently, working on a new bike plan that will encourage more options outside of automobiles. Riverfell meets all of the guidelines of a walkable community outlined in the Comp. Plan. Riverfell has proposed an overall 5.67 units per acre. Riverfell is utilizing design, street systems, and land-use configurations to establish a community that will be nothing like any community within the city limits of Prattville. The community has a need for senior living, with investment in development increasing within the last couple of years in the City of Prattville. Single-family homes have been increasing dramatically for the last 10 years in this area, with the combination of mixed-use and trails being located within walking distance, Riverfell is meeting a community need. The process for P.U.D consists of five steps, within those steps are sub-steps; Before any subdivision site improvements are made or building permits are issued, the developer must apply for and secure approval for a PUD District as follows: 1. Preliminary Master Plan, Rezoning- The developer must submit a preliminary master plan with the rezoning request to the Commission. 2. After holding a public hearing on the application for rezoning and approval of the preliminary master plan, the Commission will make a recommendation for approval, approval with changes, or denial to the Council; or, with consent of the applicant, table its recommendation to allow time for further review or for the applicant to make requested changes. If the proposal is deemed by the Commission to be unacceptable, the reasons for such determination will be set forth in its recommendation to the Council. 3. In its recommendation to the Council, the Commission will submit its findings regarding whether and to what degree: A) The proposal conforms to the comprehensive plan. B) The proposal meets the intent, objectives and general requirements of the Planned Unit Development District. C) The proposal is conceptually sound in that it meets a community need and conforms to accepted design principles in the proposed street system, land use configuration, open space system, and drainage and utility systems. D) There are adequate services and utilities available in the construction of the development. 4. After a PUD district has been established, no building permit may be issued, and no grading, clearing, excavations or filling may take place, until the Commission has approved the PUD Master Plan. The applicant has 180 days from approval to submit the Master Plan to the Commission. Upon request, the Director may extend this time period by 60 days. If not submitted within this period, The council may take necessary action to revert the zoning to its previous classification. Riverfell Preliminary Master Plan Page 5 of 5 5. PUD Master Plan- The PUD Master Plan must conform to the preliminary master plan submitted as the basis for rezoning. It should incorporate any modifications recommended or required as conditions by the Commission and Council. Any required conditions must be clearly indicated in the proposed Master Plan. 6. Effect of Master Plan Approval. The approved Master Plan, as may be amended, is binding on the applicant and any successors in title so long as PUD zoning applies to the land. Upon approval of the Master Plan, building or other required permits will be issued in the same manner as applies generally, provided that any requirements or limitations of the approved Master Plan are observed. If no building permit or subdivision approval has been requested or other development action taken within 18 months of Commission approval, the Master Plan must be resubmitted for approval. However, the Director may grant an extension of up to six months provided sufficient evidence of a good faith effort to begin development in accordance with the approved Master Plan. Reviewed by: Tommie Williams, Planner Recommendation: Approve (Planning Commission makes recommendation to Council) H W Y 8 2 B Y P E MCQUEEN SMITH RD S S MEM ORIAL DR JOYCE ST MURFEE DR MCCLAIN DR MAGGIE DR COO TERS PO ND RD PEARL DR C O N S TIT U TIO N A V E ANGELA ST DENISE DR WILDLIFE WAY HARBIN DR ROSEMARY LN LEE AUDIS LN H E D G E F I E L D W Y STANTON WY LENORE CT HERMAN DR OLD Q UARTERS RD CHERRY TREE LN ASTROS AVE METS CT EXPOS CT PHILLIES CT B L U E P O I N T C T BIG OAK DR PADRES PL Aerial Map - Hwy 82 E Bypass (Riverfell) ±0 5,0002,500 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets I 6 5 S I 6 5 N HWY 82 BYP E S MEMORIAL DR CO RD 4 E TARA DR SHEILA BLVD PIE R C E L N MURFEE DR D O S T E R R D REDFIELD RD JA NI CE ST TERI LN SUMMER LN JOYCE ST HEATHER DR SEASONS DR JAY ST MCCLAIN DR MAGGIE DR C O N S TIT U TI O N A V E CORLEY RD THAMES DR PEARL DR SCENIC DRSID T H O M P S O N D R HARBIN DR DODGERS DR H E D G E F I E L D W Y B R A N DY L N STANTON WY ARBOR LN HARE CIR PATTI LP D U N N L N FIR E F L Y EXPOS CT Location Map - Hwy 82 E Bypass (Riverfell) ±0 10,0005,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets I 6 5 S I 6 5 N HWY 82 BYP E S MEMORIAL DR CO RD 4 E TARA DR SHEILA BLVD PIE R C E L N MURFEE DR D O S T E R R D REDFIELD RD JA NI CE ST TERI LN SUMMER LN JOYCE ST HEATHER DR SEASONS DR JAY ST MCCLAIN DR MAGGIE DR C O N S TIT U TI O N A V E CORLEY RD THAMES DR PEARL DR SCENIC DRSID T H O M P S O N D R HARBIN DR DODGERS DR H E D G E F I E L D W Y B R A N DY L N STANTON WY ARBOR LN HARE CIR PATTI LP D U N N L N FIR E F L Y EXPOS CT F.A.R. R-2 M-2 R-2 F.A.R. B-2 B-2 R-2 B-2 R-3 M-2 R-3 M-2 R-2 P.U.D. M-2 F.A.R. F.A.R. F.A.R. M-2 B-2 B-2 B-2 B-2 B-2 R-5 F.A.R. R-3 R-3 R-3 R-5 B-2 F.A.R. B-2 R-5 R-3 B-2 F.A.R. R-2 P.U.D. R-3 T-3 R-5 F.A.R. P.U.D. F.A.R. P.U.D. R-3 F.A.R. P.U.D. R-4 B-2 F.A.R. T-3 F.A.R. F.A.R. B-4B-2 M-2 R-2 R-2 F.A.R. B-1 B-2 R-4 B-2 R-3 R-3 R-3 B-2 F.A.R. B-2 R-3 B-2 B-1 B-2 F.A.R. Zoning Map - Hwy 82 E Bypass (Riverfell) ±0 10,0005,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets Cons_Green2 Cons_Green2 Cons_Green2 Cons_Green2 Cons_Green2 Cons_Green2 I 6 5 S I 6 5 N HWY 82 BYP E S MEMORIAL DR CO RD 4 E TARA DR SHEILA BLVD PIE R C E L N MURFEE DR REDFIELD RD JA NI CE ST TERI LN SUMMER LN JOYCE ST HEATHER DR SEASONS DR JAY ST MCCLAIN DR MAGGIE DR C O N S TIT U TI O N A V E CORLEY RD THAMES DR PEARL DR SCENIC DRSID T H O M P S O N D R HARBIN DR H E D G E F I E L D W Y B R A N DY L N STANTON WY ARBOR LN HARE CIR PATTI LP D U N N L N FIR E F L Y Future Land Use Map - Hwy 82 E Bypass (Riverfell) ±0 10,0005,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Downtown Commercial & Mixed Use Conservation & Green Space I Conservation & Green Space II Mixwed-Use Residential Mixed-Use Commercial Open Space General Commercial & Mixed Use General Industrial Light Industrial General Institutional Medium Density Residential Medium Density Residential - Powell/Hwy 31 Very Low Density Residential Low Density Residential Streets Page | 1 Planning Commission Staff Report Zoning Map Amendment ZONING MAP AMENDMENT REQUEST: Proposed Zoning Map Amendment from F.A.R (Forest, Agriculture, and Recreation), B-2 (General Business), and R-3 (Single-Family) to P.U.D (Planned Unit Development) located off Highway 82. MEETING DATE: July 21, 2022 A. BACKGROUND: Applicant/Representative: Bradley Neave/Halieus, LLC Owner: RFA I, LLC; RFB I, LLC; RFD I, LLC Property Location: Highway 82 Bypass Property Identification: Elmore County: 2604190001002000, 2604190001002001, 2604180001006002 Autauga County: 19062410000020020 Property Size: 232 +/- acres Future Land Use Map (FLUM) Designation: Medium Density/Greenspace Current Zoning District: B-2 (General-Business) & F.A.R (Forest, Agriculture, Recreation), and R-3 (Single-Family) Proposed Zoning District P.U.D (Planned Unit Development) Existing Land Use: Vacant / Undeveloped Land B. DEVELOPMENT STATUS & HISTORY: Previous Requests: May not be exhaustive N/A Page | 2 C. SURROUNDING LAND USE AND ZONING: D. ANALYSIS: Proposed Use: The applicant is requesting to rezone 232 +/- acre parcel located off Highway 82 from FAR (Forest, Agriculture, Recreation), B-2 General Business, and R-3 (Single-Family) to P.U.D (Planned Unit Development). Parcel is currently vacant and undeveloped. The applicant is proposing a 232 +/- acres of land with shops, parks, trails, and recreation all within walking distance. The development will have four different types of dwellings; senior living, multi-family, single-family homes, and townhouses. Street Connectivity: The proposed Preliminary Master plan will connect to Constitution Ave TO the north, Highway 82 will be the main entrance, and Cooters Pond will be the possible south connection. All entrances will have license plate readers as a form of security. Water/Sewer: Public water and sewer is available E. COMPREHENSIVE PLAN: The subject site has a Future Land Use Map (FLUM) designation of Commercial On April 15, 2021, the Planning Commission adopted an updated Prattville Comprehensive Plan. The Future Land Use Plan and Map (pg. 40) of the document shows the subject parcel is medium density/greenspace. The City of Prattville Comp. Plan has a medium density of 4-5 units per acre. This project is proposing an overall unit per acre of 5.67. Staff believes that due to its proposed location, variety of housing types and uses, the proposed P.U.D conforms with the Comp. Plan in its character and desired pattern of development. The proposed Zoning Map Amendment to P.U.D meets the general fabric of the area. PLANNING STAFF EVALUATION: The proposed project (Riverfell) encompasses 232 +/- acres of land with shops, parks, trails, and recreation all within walking distance. Riverfell will have four different types of dwellings; senior living, multi-family, single-family homes, and townhouses. This will encourage different types of people in different stages of their lives, which inspire a diverse community and a better quality of life. The P.U.D is consistent with the Comprehensive Plan with paths and bike trials. As we are currently, working on a new bike plan that will encourage more options outside of automobiles. Riverfell meets all of the guidelines of a walkable community outlined in the Comp. Plan. Riverfell has proposed an overall 5.67 units per acre. Riverfell is utilizing design, street systems, and land-use configurations to establish a community that will be nothing like any community within the city limits of Prattville. The community has a need for senior living, with investment in development increasing within the last couple of years in the City of Prattville. Single-family homes have been increasing dramatically for the last 10 years in this area, with the combination of mixed-use and trails being located within walking distance, Riverfell is meeting a community need. Direction Land Use Zoning North Residential (Hedgefield Subdivision) P.U.D South Undeveloped F.A.R East Developed (Golf Course) F.A.R West Residential (McClain Landing) R-3 Page | 3 The proposed Preliminary Master plan will connect to Constitution Ave to the north, Highway 82 will be the main entrance, and Cooters Pond will be the possible south connection. All entrances will have license plate readers as a form of security. Reviewed by: Tommie Williams, Planner Recommendation: Approval H W Y 8 2 B Y P E MCQUEEN SMITH RD S S MEM ORIAL DR JOYCE ST MURFEE DR MCCLAIN DR MAGGIE DR COO TERS PO ND RD PEARL DR C O N S TIT U TIO N A V E ANGELA ST DENISE DR WILDLIFE WAY HARBIN DR ROSEMARY LN LEE AUDIS LN H E D G E F I E L D W Y STANTON WY LENORE CT HERMAN DR OLD Q UARTERS RD CHERRY TREE LN ASTROS AVE METS CT EXPOS CT PHILLIES CT B L U E P O I N T C T BIG OAK DR PADRES PL Aerial Map - Hwy 82 E Bypass (Riverfell) ±0 5,0002,500 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets I 6 5 S I 6 5 N HWY 82 BYP E S MEMORIAL DR CO RD 4 E TARA DR SHEILA BLVD PIE R C E L N MURFEE DR D O S T E R R D REDFIELD RD JA NI CE ST TERI LN SUMMER LN JOYCE ST HEATHER DR SEASONS DR JAY ST MCCLAIN DR MAGGIE DR C O N S TIT U TI O N A V E CORLEY RD THAMES DR PEARL DR SCENIC DRSID T H O M P S O N D R HARBIN DR DODGERS DR H E D G E F I E L D W Y B R A N DY L N STANTON WY ARBOR LN HARE CIR PATTI LP D U N N L N FIR E F L Y EXPOS CT Location Map - Hwy 82 E Bypass (Riverfell) ±0 10,0005,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets I 6 5 S I 6 5 N HWY 82 BYP E S MEMORIAL DR CO RD 4 E TARA DR SHEILA BLVD PIE R C E L N MURFEE DR D O S T E R R D REDFIELD RD JA NI CE ST TERI LN SUMMER LN JOYCE ST HEATHER DR SEASONS DR JAY ST MCCLAIN DR MAGGIE DR C O N S TIT U TI O N A V E CORLEY RD THAMES DR PEARL DR SCENIC DRSID T H O M P S O N D R HARBIN DR DODGERS DR H E D G E F I E L D W Y B R A N DY L N STANTON WY ARBOR LN HARE CIR PATTI LP D U N N L N FIR E F L Y EXPOS CT F.A.R. R-2 M-2 R-2 F.A.R. B-2 B-2 R-2 B-2 R-3 M-2 R-3 M-2 R-2 P.U.D. M-2 F.A.R. F.A.R. F.A.R. M-2 B-2 B-2 B-2 B-2 B-2 R-5 F.A.R. R-3 R-3 R-3 R-5 B-2 F.A.R. B-2 R-5 R-3 B-2 F.A.R. R-2 P.U.D. R-3 T-3 R-5 F.A.R. P.U.D. F.A.R. P.U.D. R-3 F.A.R. P.U.D. R-4 B-2 F.A.R. T-3 F.A.R. F.A.R. B-4B-2 M-2 R-2 R-2 F.A.R. B-1 B-2 R-4 B-2 R-3 R-3 R-3 B-2 F.A.R. B-2 R-3 B-2 B-1 B-2 F.A.R. Zoning Map - Hwy 82 E Bypass (Riverfell) ±0 10,0005,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets Cons_Green2 Cons_Green2 Cons_Green2 Cons_Green2 Cons_Green2 Cons_Green2 I 6 5 S I 6 5 N HWY 82 BYP E S MEMORIAL DR CO RD 4 E TARA DR SHEILA BLVD PIE R C E L N MURFEE DR REDFIELD RD JA NI CE ST TERI LN SUMMER LN JOYCE ST HEATHER DR SEASONS DR JAY ST MCCLAIN DR MAGGIE DR C O N S TIT U TI O N A V E CORLEY RD THAMES DR PEARL DR SCENIC DRSID T H O M P S O N D R HARBIN DR H E D G E F I E L D W Y B R A N DY L N STANTON WY ARBOR LN HARE CIR PATTI LP D U N N L N FIR E F L Y Future Land Use Map - Hwy 82 E Bypass (Riverfell) ±0 10,0005,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Downtown Commercial & Mixed Use Conservation & Green Space I Conservation & Green Space II Mixwed-Use Residential Mixed-Use Commercial Open Space General Commercial & Mixed Use General Industrial Light Industrial General Institutional Medium Density Residential Medium Density Residential - Powell/Hwy 31 Very Low Density Residential Low Density Residential Streets 102 West Main Street \ Prattville, AL 36067 \ 334. 595.05 00 \ prattvilleal.gov BILL GILLESPIE, JR. MAYOR J. SCOTT STEPHENS, AICP DIRECTOR MEMORANDUM TO: Prattville Planning Commission FROM: J. Scott Stephens, Director of Planning & Development DATE: July 15, 2022 RE: New Subdivision Regulations Please find attached most the recent draft of the proposed, new Subdivision Regulations (marked “Exhibit A,” dated 7/12/2022 in the footer). The Engineering, Public Works, and Planning Departments, Fire Marshal’s office, and Prattville Water Works Board have all provided comments. Copies have also been shared with the Autauga County and Elmore County health departments, as well as many local operating surveyors and engineers. The attached reflects comments received during the work session the Commission held on July 6th. If the Commission desires to consider adopting new Subdivision Regulations, a public hearing will need to be held. Prattville Subdivision Regulations - DRAFT 7/12/2022 1 Table of Contents Article I – General Provisions......................................................................................................... 3 1.1 Title .................................................................................................................................. 3 1.2 Enactment and Authority ................................................................................................. 3 1.3 Jurisdiction ....................................................................................................................... 3 1.4 Purposes and Policy ......................................................................................................... 3 1.5 Interpretation, Conflict, and Separability ......................................................................... 3 1.6 Saving Provision .............................................................................................................. 4 1.7 Amendments..................................................................................................................... 4 1.8 Waivers............................................................................................................................. 4 1.9 Enforcement, Violations, and Penalties ........................................................................... 5 1.10 Fees...................................................................................................................................... 5 Article II – Definitions .................................................................................................................... 6 2.1 Usage ..................................................................................................................................... 6 2.2 Words and Terms Defined .................................................................................................... 6 Article III – Subdivision Application Procedure and Approval Process ........................................ 9 3.1 General .................................................................................................................................. 9 3.2 Predesign Meeting ................................................................................................................. 9 3.3 Master Plan ............................................................................................................................ 9 3.4 Preliminary Plat ..................................................................................................................... 9 3.5 Construction Plans............................................................................................................... 10 3.6 As-Built Plans ..................................................................................................................... 11 3.7 Final Plat ............................................................................................................................. 11 3.8 Sketch Plan .......................................................................................................................... 12 3.9 Minor Subdivisions ............................................................................................................. 12 Article IV – Requirements for Design and Improvements ........................................................... 13 4.1 General ................................................................................................................................ 13 4.2 Conformity to Community Plan .......................................................................................... 13 4.3 Streets .................................................................................................................................. 13 4.4 Easements ............................................................................................................................ 15 4.5 Blocks .................................................................................................................................. 16 Exhibit A Prattville Subdivision Regulations - DRAFT 7/12/2022 2 4.6 Lots ...................................................................................................................................... 16 4.7 Preservation of Natural Features ......................................................................................... 17 4.8 Names and Lot Numbers ..................................................................................................... 17 4.9 Public Sites and Open Spaces ............................................................................................. 17 4.10 Stormwater and Drainage .................................................................................................. 17 4.11 Sanitary Sewer................................................................................................................... 18 4.12 Water ................................................................................................................................. 19 4.13 Other Utilities .................................................................................................................... 19 4.14 Monuments and Markers ................................................................................................... 19 Article V – Specifications for Documents to be Submitted .......................................................... 19 5.1 Master Plans ........................................................................................................................ 19 5.2 Preliminary Plats ................................................................................................................. 20 5.3 Construction Plans............................................................................................................... 21 5.4 As-built Plans ...................................................................................................................... 21 5.5 Final Plats ............................................................................................................................ 22 Article VI – Procedures for Inspection, Approval, and Acceptance of Subdivisions ................... 23 6.1 Initial Construction .............................................................................................................. 23 6.2 Guarantee of Improvements ................................................................................................ 24 6.3 Final Inspection Before Expiration of Bond ....................................................................... 25 6.4 Acceptance of Improvements .............................................................................................. 25 Prattville Subdivision Regulations - DRAFT 7/12/2022 3 Article I – General Provisions 1.1 Title These regulations shall be known as the Subdivision Regulations of Prattville, Alabama (hereinafter the “Subdivision Regulations” or “these regulations”). 1.2 Enactment and Authority These regulations are adopted by the Prattville Planning Commission under authority of Title 11, Chapter 52, Code of Alabama 1975, as amended. 1.3 Jurisdiction These regulations shall govern all subdivision of land within the corporate limits of the City of Prattville, Alabama. Territory outside of the corporate limits as determined by any agreement between the Prattville Planning Commission, the City of Prattville, and the County Commissions of Autauga County or Elmore County, respectively, pursuant to Code of Alabama 1975, §11-52- 30, will also be governed by these regulations. 1.4 Purposes and Policy These regulations are adopted for the following purposes: a) To provide for the proper arrangement of streets, and the provisions as to the extent to which streets and other ways shall be graded and improved; b) To provide for adequate and convenient open spaces for traffic, utilities, access of fire- fighting apparatus, recreation, and light and air; c) To provide for the avoidance of congestion of population; d) To provide for minimum lot widths and areas; e) To provide efficient provision of utilities and other services. It is the policy of the Prattville Planning Commission to protect and provide for the public health, safety, and general welfare of the City of Prattville, its citizens, and its environs. 1.5 Interpretation, Conflict, and Separability 1. Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted. 2. Conflict. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, law, rule, regulation, statute, or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from those imposed by any other ordinance, law, rule, or regulation, whichever provisions are more restrictive or impose higher standards shall control. These regulations are not intended to abrogate any easement, covenant, or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards than such easement, covenant, or other private agreement or restriction, the provisions of these regulations shall govern. Where provisions of the easement, covenant, or other private agreement or restriction impose Prattville Subdivision Regulations - DRAFT 7/12/2022 4 duties and obligations more restrictive, or higher standards than the requirements of these regulations, or the determinations of the Planning Commission in approving a subdivision or in enforcing these regulations, and the private provisions are not inconsistent with these regulations or the determinations made under these regulations, then such private provisions shall be operative and supplemental to these regulations, provided however that such private provisions do not conflict with public policy. 3. Separability. If any part or provision of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgement shall be confined in its operation to the part, provision, or application directly involved in the controversy in which such judgement shall have been rendered, and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The Planning Commission hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application which is judged to be invalid. 1.6 Saving Provision These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the City under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation by lawful action of the City, except as shall be expressly provided for in these regulations. 1.7 Amendments The Planning Commission may from time to time amend these regulations as prescribed by law. 1.8 Waivers 1. General. Where the Planning Commission finds that hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may waive or vary these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such waiver shall not have the effect of nullifying the intent and purpose of these regulations. Further provided, the Planning Commission shall not approve waivers unless it is determined that: a. The granting of the waiver will not be detrimental to the public safety, health, or welfare or injurious to other property; b. The relief sought will not vary the provisions of the Zoning Ordinance. 2. Conditions. In approving waivers, the Planning Commission may require such conditions as will, in its judgement, secure substantially the purposes and policy of these regulations. 3. Procedures. A request for a waiver shall be submitted in writing with the preliminary plat for the consideration of the Planning Commission. The request shall state fully the grounds for the request and all of the facts relied upon by the petitioner. Prattville Subdivision Regulations - DRAFT 7/12/2022 5 1.9 Enforcement, Violations, and Penalties 1. Enforcement. It shall be the duty of the Planning Director, or designee(s), to enforce these regulations. 2. Violations and Penalties. If the owner or agent of the owner of any land located within a subdivision conveys, transfers, or sells any land by reference to or exhibition of or by other use of a plat of a subdivision before the plat has been approved and recorded then the City of Prattville may enforce such penalties, including fines or court injunction, as provided for in § 11-52-33 of the Code of Alabama, 1975, as amended. 1.10 Fees Applicable fees are determined by the Prattville City Council. Prattville Subdivision Regulations - DRAFT 7/12/2022 6 Article II – Definitions 2.1 Usage 1. For the purposes of these regulations, certain numbers, abbreviations, terms, and words shall be used, interpreted, and defined as set forth in this article. 2. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and words used in the plural include the singular. 3. In interpreting words and phrases not otherwise defined, every day and common usages and understanding shall apply, and external sources may be consulted for guidance. 4. May also use the Zoning Ordinance of Prattville, Alabama, for additional definitions. 2.2 Words and Terms Defined City Council: Shall mean the governing body of the City of Prattville, Alabama. City: Shall mean the City of Prattville, Alabama City Engineer: The department head of the Engineering Department of the City of Prattville. Community plan: Shall mean any legally adopted part or element of the general community plan of the City of Prattville or its environs. This may include but is not limited to: the zoning ordinance, subdivision regulations, community facilities plan, major street plan, capital improvements program, land use plan, or comprehensive plan. Such plan may also be referred to or known as the comprehensive plan or master plan. This does not include a master plan created for the concept or phasing of a subdivision. Developer: the person or company who is improving a parcel of land and who may or may not be the owner of the property Easement: A grant by the property owner for use, by the public, a corporation, or person(s), for specified purposes. Examples include access easement, drainage easement, or utility easement. Final plat: Shall mean a plat of a tract of land which meets the requirements of these regulations and is in the form for recording in the office of the Probate Judge of Autauga County or Elmore County depending on the location of the subdivision. Health department: Shall mean the health department of the specific county in which the subdivision is located. Lot: Shall mean a parcel of land intended for transfer of ownership or for building development. The following are special types of lots: 1. Corner lot: A lot abutting upon two or more streets at their intersection. 2. Single tier lot: A lot which backs upon a limited access highway, a railroad, a physical barrier, residential, nonresidential use and to which access from the rear of the lot is usually prohibited. 3. Double frontage lot: A continuous lot of the same depth as the width of a block containing two tiers of lots and which is accessible from both the streets upon which it fronts. Prattville Subdivision Regulations - DRAFT 7/12/2022 7 Master drainage plan: Shall mean any drainage plan or element thereof which has been approved by the City Engineer, Public Works Director, or adopted by the Planning Commission. Minor Subdivision: A minor subdivision consists of the subdivision of land into not more than three lots or a reduction of the number of lots in an existing subdivision. The developer of a minor subdivision approved by the Planning Commission shall not require any public improvements, the dedication of a public way, or the expenditure of any public funds, and the plan for the minor subdivision shall not conflict with the master plan, official zoning map, zoning ordinance, or any other subdivision regulations. A minor subdivision may be administratively approved without a public hearing, provided, however, that the Planning Director or the City Engineer shall have the authority to send any proposed minor subdivision to the Planning Commission for consideration regardless of it meeting the definition of a minor subdivision. (Ref: Alabama Code § 11-52-31) Planning Commission: Shall mean the Planning Commission of the City of Prattville, Alabama. Planning Director: The department head of the Planning and Development Department of the City of Prattville. May also be called the City Planner. Planning Jurisdiction: The territorial jurisdiction of the Prattville Planning Commission, which includes all land within the corporate limits and may contain certain areas outside of the corporate limits. Prattville Public Works Manual: The current edition of the Prattville Public Works Manual, which is a document containing the specifications, design standards, and regulations governing all public works, infrastructure, or other works offered for public maintenance occurring within the corporate limits of the City of Prattville, or where applicable, on private land and in the police jurisdiction. Includes appendices such as street specifications and sewer specifications. Probate Judge: Shall mean the judge of probate of the county in which the subdivision is to be located. Public Works Director: The department head of the Public Works Department of the City of Prattville. Right-of-way: A strip of land acquired through reservation, dedication, prescription, or condemnation and intended to be occupied by a street, sidewalk, trail, utility line, or other public facilities. May be abbreviated as ROW. Setback line: A line parallel to the corresponding lot line at the yard depth required in the applicable district. Streets: Shall mean a way for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, place, or other name. For the purpose of these regulations the following types of streets are recognized regardless of their name: 1. Arterial or major streets: Are those streets which are primarily for fast or heavy traffic. Such streets are often called boulevards, highways, or parkways. Prattville Subdivision Regulations - DRAFT 7/12/2022 8 2. Collector streets: Are those streets that carry traffic from minor streets to the system of boulevards, avenues, arterial and minor streets, including the principal entrance streets of a residential development and streets for circulation within such development. 3. Minor streets: Are those streets which are used primarily for access to abutting properties. 4. Alleys: These are minor streets used primarily for vehicular or service access to the back or side of property abutting on another street. Subdivider: Shall mean the person(s), firm(s), or corporation(s) owning land which is subject to a proposed or accepted subdivision. May also include the attorney, civil engineer, architect, registered surveyor, planner, or other person who is the agent of the owner(s) of land proposed for subdivision. Subdivision: Shall mean the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale, of lease, or of building development. The term includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. (Ref: Alabama Code § 11-52-1) Zoning Ordinance: the zoning ordinance adopted by the City Council of the City of Prattville. Prattville Subdivision Regulations - DRAFT 7/12/2022 9 Article III – Subdivision Application Procedure and Approval Process 3.1 General Before any land is subdivided, the owner of the property proposed to be subdivided, or the owner’s authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with the following procedures. No land owner or developer shall proceed with improvements without an approved preliminary plat, constructions plans, and/or appropriate permits issued by the City of Prattville. 3.2 Predesign Meeting Before submitting an application for a preliminary plat, master plan, or sketch plan for a subdivision, the subdivider’s or developer’s engineer or surveyor shall confer and meet with the staff of the Planning Department. Representatives of other city departments and other affected agencies may be invited as appropriate to discuss the conceptual plan. This meeting is mandatory unless waived by the Planning Director. 3.3 Master Plan 1. A developer presenting a preliminary plat who owns, leases, or has options to purchase twenty or more acres of additional vacant land contiguous to, but not included in, said preliminary plat, shall also submit a master plan depicting the proposed future development of the additional land, provided that the developer may submit a written request setting forth reasons why the development of the remaining land within the foreseeable future is extremely unlikely. If the Planning Director concurs, the master plan requirement may be waived. At the Planning Commission Chairman’s discretion, public input may be received on the Master Plan during the meeting it is presented. 2. Where any development site is to be developed in stages or phases, no preliminary plat for any fraction of the site shall be accepted for review unless a master plan is submitted or has been previously approved. 3. The master plan shall be a conceptual plan showing the entire development site and all component stages or phases, and shall express the overall development concept for the site at build-out. 4. If the Planning Director finds that any proposed preliminary plat substantially deviates from the approved master plan, a revised master plan must be approved by the Planning Commission prior to approval of further plats within the development. Examples of a substantial deviation includes an increase in the overall lot density; change in number of entrances, connections, or stub outs; decrease in proposed open space or amenity areas. 5. Master plan applications shall be submitted to the Planning Department using forms supplied by the department. 3.4 Preliminary Plat 1. If a master plan is required for a site, a proposed preliminary plat must be in substantial compliance with a previously approved master plan. A master plan and preliminary plat may be applied for simultaneously and heard at the same Planning Commission meeting. Prattville Subdivision Regulations - DRAFT 7/12/2022 10 2. Preliminary Plat application shall be made on forms available from the Planning Department. Manner of submission, number and type of copies (e.g. paper or electronic), shall be determined by the Planning Director. 3. Upon receipt of a complete Preliminary Plat application, along with all necessary supporting documentation and information and required fees, the Planning Director shall place the request on the agenda of the next available Planning Commission meeting to have a public hearing and be reviewed by the Commission. 4. The Planning Department shall provide notice of the public hearing as required pursuant to Chapter 52, Title 11, Code of Alabama 1975, as amended. 5. The Planning Director shall distribute copies of the plat and application to the Engineering Department, Public Works Department, and other departments and agencies as appropriate. Such departments and agencies shall submit their comments, if any, to the Planning Director to be provided to the Planning Commission. 6. The Planning Commission shall approve, approve conditionally, or disapprove a plat within 30 days of the public hearing and meeting in which it was considered; however, the applicant may waive this requirement and consent to an extension of such period. If a plat is disapproved, the reasons for disapproval shall be stated in the minutes of the meeting. 7. The approval of a Preliminary Plat shall be effective for a period of 18 months from the date that the plat was approved by the Planning Commission, at the end of which time the applicant must have submitted a Final Plat for approval. If the subdivision is under active construction, the Planning Director may authorize a one-time extension of no more than 90 days, otherwise, the applicant may request an extension of no more than 180 days at a time from the Planning Commission. The request must appear before the Planning Commission prior to the end of the approval period. If the approval time is lapsed, then preliminary approval shall be null and void, and the applicant must submit a new Preliminary Plat subject to current ordinances and regulations. It is the responsibility of the subdivider to request any needed extensions. 8. The approval of a Preliminary Plat shall be construed to be a conditional and revocable approval of the Final Plat, conditioned upon the satisfactory completion and/or bonding of all required improvements and the presentation of a Final Plat meeting all requirements set forth in these regulations. Approval of a Preliminary Plat is not permission to begin clearing or grading of the site or construction of any improvements. Approval of a plat shall not be deemed to constitute or effect an acceptance by the City of any street, improvement, or open space shown upon the plat. 3.5 Construction Plans The developer shall submit construction drawings setting forth plans, profiles, and information necessary for engineering consideration for the construction of all proposed improvements and infrastructure for review and approval prior to the commencement of construction on the proposed subdivision. The City Engineer may require additional information as necessary. Plans shall comply with approved Preliminary Plat and Prattville Public Works Manual. Along with plans and profiles, the developer shall furnish a typical street cross-section depicting where Prattville Subdivision Regulations - DRAFT 7/12/2022 11 each buried system is proposed to be located, terrain and other factors permitting. Once construction plans are reviewed and approved, and permits issued, construction on the site may begin. 3.6 As-Built Plans The developer shall submit an as-built survey of all infrastructure and utilities, including streets, sidewalks, sanitary sewer and storm drainage facilities, and water lines, with plan and other pertinent information, which may include profile if necessary, prior to final plat approval. Redlined or mark-up of approved construction plans may be acceptable. 3.7 Final Plat 1. Final Plat application shall be made on forms available from the Planning Department. Manner of submission, number and type of copies (e.g. paper or electronic), shall be determined by the Planning Director. 2. Upon receipt of a complete Final Plat application, along with all necessary supporting documentation and information and required fees, the Planning Director shall distribute copies of the plat and application to the Engineering Department, Public Works Department, and other departments and agencies as appropriate for review. The applicant will be notified of all deficiencies in writing. 3. The City Engineer shall not sign the Final Plat unless the following conditions, if required, are met: a. All public infrastructure as shown on the Preliminary Plat and/or Construction Plans, or as otherwise required by these regulations has been properly installed and approved; or b. All public infrastructure as shown on the Preliminary Plat has been properly installed and approved with the exception of the final wearing layer of asphalt and/or sidewalks, both of which may be guaranteed through a performance guarantee. 4. The Public Works Director shall not sign the Final Plat unless the following conditions, if required, are met: a. An approved, signed Operation and Maintenance Agreement (OMA) has been submitted; b. An approved, signed Escrow Maintenance Agreement has been submitted. 5. The Planning Director shall not sign the Final Plat unless the following conditions are met: a. The Planning Director has determined the Final Plat is in substantial compliance with the approved Preliminary Plat, and if not, a revised preliminary plat must be approved by the Planning Commission. b. All required maintenance and performance guarantees have been submitted and approved. Prattville Subdivision Regulations - DRAFT 7/12/2022 12 6. The Final Plat must be recorded in the appropriate judge of probate office(s) within 30 days of the last signature from the City Engineer, Public Works Director, or Planning Director. No building permits, site plans, or certificates of occupancy shall be authorized until a copy of the recorded Final Plat, along with relevant, recorded covenants or restrictions, has been delivered to the Planning Department. 3.8 Sketch Plan A sketch plan is a non-binding, optional precursor to a preliminary plat. The purpose of a sketch plan is to give the subdivider an opportunity to confer with the City staff and Planning Commission prior to submitting a master plan or preliminary plat. At the Planning Commission Chairman’s discretion, public input may be received on the sketch plan during the meeting it is presented. 3.9 Minor Subdivisions If in the opinion of the Planning Director and City Engineer, a Preliminary Plat is not necessary, and a proposed subdivision meets the definition of a minor subdivision, a subdivider may submit only a Final Plat for administrative review and approval. Subdivisions that require public infrastructure or have a request to waive any other provision of these regulations must receive a public hearing and be considered by the Planning Commission. Prattville Subdivision Regulations - DRAFT 7/12/2022 13 Article IV – Requirements for Design and Improvements 4.1 General 1. In the event that other specifications for the construction of streets, drainage structures, or other improvements in the city are adopted which conflict with the requirements of these regulations, then the more stringent or restrictive requirement shall govern the construction of subdivision improvements. 2. No preliminary plat shall be approved unless the Planning Commission determines that public facilities will be adequate to support and service the area of the proposed subdivision, including, but not limited to streets and sewer infrastructure. 4.2 Conformity to Community Plan All proposed subdivisions shall substantially conform to any current master plan, street plan, comprehensive plan, element of a comprehensive plan, or neighborhood plan which has been adopted by the Planning Commission or the City Council. Each subdivision shall be made as compatible as possible with adjoining lands in regard to street connections, utilities, and open spaces. 4.3 Streets 1. Arrangement of Streets. The arrangement, character, extent, width, grade, and locations of all streets shall conform to the community plan and shall be considered in relation to existing and proposed streets, topographical conditions, public convenience and safety, and their appropriate relation to proposed land uses served by such streets. Where such is not shown in the community plan, the arrangement of streets in a subdivision shall either (a) provide for the continuation or appropriate projection of existing major streets in surrounding area, or (b) conform to a plan for the neighborhood approved or adopted by the Planning Commission. Collector and higher classification streets are not primarily intended to provide access to abutting property. To the extent reasonably permitted by the terrain and other circumstances, subdivisions shall be laid out so as to minimize or eliminate the need for driveways entering such streets. Where there is no practical alternative to platting lots which must have driveway access to such streets, the use of access easements are encouraged and may be required to permit sharing entry points. The Planning Commission may exercise reasonable discretion in determining whether this requirement has been satisfied in each particular case. Prattville Subdivision Regulations - DRAFT 7/12/2022 14 2. Right-of-Way Widths. Street right-of-way widths shall be as shown in the community plan or where not shown they shall not be less than as follows: 3. Pavement Widths. Pavement width from curb faces shall not be less than: Table 4.2 Street Type Width in feet Arterial street 51 Collector street 42 Minor or local street 30 Alleys (curb not required) 20 3. Additional Width and Improvements on Existing Streets. Subdivisions that adjoin existing streets shall dedicate additional right-of-way to meet the minimum requirements specified in Table 4.1, and provide improvements as required in these regulations. a. The entire right-of-way shall be provided where any part of the subdivision is on both sides of the existing street. b. When the subdivision is located on only one side of the existing street or ROW, one-half of the required right-of-way, measured from the centerline of the roadway shall be dedicated and/or improved. 4. Rights-of-way. ROWs shall be graded to their full width so as to produce proper drainage, a pleasing appearance, reasonable grades for driveways, and sidewalk grade substantially on the same elevation as the top of the curb. ROWs may also be required as needed for utilities and other access purposes to the width specified by their prospective users. 5. Street Geometry and Grades. Street widths, street grades, vertical curves, horizontal curves, radii, curb cuts, intersections, and street jogs shall be designed and constructed in accordance with the Prattville Public Works Manual. 6. Dead-ends and stub streets. a. A dead-end street shall not be more than 1,000 feet in length. Each dead-end shall be terminated by a turnaround (e.g. cul-de-sac) with a pavement radius not less than 45 feet, or other appropriate design. b. Stub-out streets are intended to allow continuity in street patterns and connectivity. In determining the number and location of such stub-outs, the Table 4.1 Street Type Right-of-Way Width (in feet) Arterial street 100 Collector street 65 Minor or local street 50 Alleys 24 Prattville Subdivision Regulations - DRAFT 7/12/2022 15 Planning Commission shall consider the terrain and natural features of the adjoining property, and the potential streets system as presented in the community plan. Such stub streets shall be built to the full width and specifications of the other streets in the subdivision. It is the policy of the Planning Commission to provide for new, or connect to existing, stub streets to promote connectivity whenever practicable. A stub street or dead-end street which provides the sole access to more than two lots or is over 150 feet in length shall be terminated by an approved turnaround. A developer extending an existing stub street shall remove the turnaround and extend the existing street profile as appropriate. The turnaround area must be included within a lot on the plat or a recorded easement referenced on the plat. 7. Alleys. a. Where required: Alleys shall be provided in commercial and industrial subdivisions. The Planning Commission may waive this requirement where other definite and assured access is provided. b. Where optional: Provisions for alleys along the rear of residential lots is optional except where, in the opinion of the Planning Commission, such alleys are advisable. c. Alignment: At all intersections, changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicle movement. d. Dead ends: Dead end alleys shall be avoided where possible, but if unavoidable, shall be provided with an adequate turn-around as required by the City Engineer or Fire Marshal. 8. Curb and Gutter. Curbs and gutters shall be required for all streets. 9. Sidewalks. Sidewalks are required on both sides of arterial and collector streets. Sidewalks are required on one side of all other streets except alleys. Sidewalks shall not be less than sixty inches in width. Under special conditions of terrain or other factors, the Planning Commission may approve alternate designs. The Planning Commission may require sidewalks or other paths that create connectivity in areas of long blocks or long dead-end streets, between other paths or sidewalks. 10. Street Signs. The developer shall provide all street and regulatory signs within the subdivision. The signs shall be of the type and number and located according to the submitted and approved construction plans. Two street signs are required for each four- way intersection and one street sign is required at each three-way intersection, unless the City Engineer sets other requirements. 11. Street Lights. Location of proposed street lights shall be shown on the Construction Plans. 4.4 Easements Easements shall be provided as needed for utility or access purposes and to the width specified by their prospective users. Lots and easements shall be arranged in such a manner as to eliminate unnecessary easement jogs or offsets and to facilitate the use of easements for power distribution, telephone service, drainage, water, sewer services, Prattville Subdivision Regulations - DRAFT 7/12/2022 16 access, and parking. It is preferred that easements be wholly located on a single lot, as opposed to being located on a property line between two lots. Unless previously recorded and referenced, all easements must be included within a lot or parcel on the plat. 4.5 Blocks The length, width and shapes of blocks shall be determined with due regard to: 1. Provisions of adequate building sites suitable to the special needs of the type of use intended. 2. Need for convenient access, circulation, control, and safety of street traffic. 3. Limitations and opportunities of topography. 4. Blocks shall not be less than 400 feet nor more than 1,200 feet in length, measured on one side of the street, except as the Planning Commission considers necessary to secure efficient use of land or desirable features of street pattern. 5. Blocks shall be wide enough to allow two rows of lots, except where reverse frontage on a major street is provided or where prevented by topography or size of the property, in which case the Planning Commission may approve a single row of lots of suitable depth. 4.6 Lots 1. Within the city limits, lot sizes and widths shall comply with the Zoning Ordinance. In areas not served by sanitary sewer, lot sizes shall meet the requirements of the Health Department. In such cases where requirements conflict, the larger requirement shall govern. Corner lots for residential uses shall have sufficient width to permit appropriate building setback from and orientation to both streets, unless otherwise allowed in the Zoning Ordinance. 2. For areas located outside the city limits and inside the Planning Jurisdiction, lot sizes and widths shall be equal to or greater than the requirements for the R-2 zoning district within the City. In areas not served by sanitary sewer, lot sizes shall meet the requirements of the Health Department. In such cases where requirements conflict, the larger requirement shall govern. 3. No lot shall be platted having less than 20 feet of frontage on a dedicated public street. 4. Flag Lots are lots so shaped that the building area is set back from the street on which it fronts, and includes an access strip (the stem) connecting the building area to the street. a. Flag lots may be allowed in a subdivision to better utilize irregularly shaped property or areas with other limitations. b. The minimum area for a flag lot shall be at least twice that of the minimum area required by the underlying zoning or other minimum lot area requirements; the stem area shall not count toward the minimum lot size. c. The stem shall be at least 30 feet in width along its full length from street frontage to building area. d. Flag lots may be created in groups not exceeding two. In such cases, the stems must be adjacent. Non-adjacent flag lot stems on the same side of the street shall be separated by a distance of at least 300 feet. Stems shall be at least 50 feet from any intersection. e. Setback requirements must be met within the main building area of the lot. Prattville Subdivision Regulations - DRAFT 7/12/2022 17 5. Double frontage or reverse frontage lots will be permitted only where necessary to provide separation of residential development from major streets, or so to overcome specific disadvantages of topography or orientation. The Planning Commission may restrict access to the major street and may require a fence, wall, landscaping strip, berm, or combination, to reduce impacts from the major street or dissimilar use. The Planning Commission may require shared or cross access agreements to limit number of driveway access points on streets. 6. Side lot lines shall be approximately perpendicular to straight street lines or approximately radial to curved street lines unless topography or other special conditions are such that a better lot design can be provided by a different side lot line location. 7. Residential lots situated on the boundary between two counties must have adequate buildable area for a house entirely in one county. 4.7 Preservation of Natural Features In all subdivisions, due regard shall be given to the preservation of natural features such as tree cover, natural groves, watercourses, scenic points, historic points, and similar community assets which will add attractiveness and value to the property. 4.8 Names and Lot Numbers 1. Street Names. No street names shall be used which will duplicate by spelling or sound or otherwise be confused with the names of existing streets, except where a proposed street is an extension of an existing street, in which case the proposed street shall bear the name of the existing street. Street names are subject to the approval of the Planning Director. 2. Subdivision Names. Subdivision names shall not be duplicated or be confusing with existing names. Such names are subject to the approval of the Planning Commission. 3. Lot Numbers. All lots shall have a number and be numbered sequentially. Lots dedicated to stormwater detention, open space, access, or other uses auxiliary purpose to the rest of the subdivision may use a letter prefix. Example: Open space lots may use O- 1, O-2, etc. 4.9 Public Sites and Open Spaces Where a proposed park, playground, school, or other public use shown in the community plan is located in whole or in part in a subdivision, the Planning Commission may request that the developer dedicate or that an option to buy such land be extended to the appropriate public agency or body and that such land be reserved from development pending the action of the appropriate public agency or body. To any extent which may be sanctioned by the Zoning Ordinance, the Planning Commission may allow lot size reductions or alternative designs in exchange for sales or dedications of such sites. 4.10 Stormwater and Drainage 1. Plan Required. A drainage and stormwater plan shall be made for each subdivision by a registered engineer which shall consider the ultimate or saturated development of the tributary area in which the proposed subdivision is located. Adequate provision shall be made within each subdivision to provide drainage facilities needed within the subdivision Prattville Subdivision Regulations - DRAFT 7/12/2022 18 considering the saturated development of the tributary area. The storm and sanitary sewer plan shall be made prior to other utility plans. Engineering considerations in subdivisions and other development shall give preferential treatment to sewer improvements over other utilities and improvements. 2. General Design Criteria. All drainage structures and facilities shall be designed and sized to meet the runoff of the drainage area to be served and in accordance with the Prattville Public Works Manual. 3. Spillage Agreements Required. Off-premises drainage easements and improvements may be required by the Planning Commission, after consultation with the City Engineer, to handle the run-off of subdivisions into an appropriate drainage channel. If requested by the City Engineer, the Planning Commission shall require that the subdivider provide the City with a hold-harmless spillage agreement for all drainage from the subdivision. 4. Development in Flood Areas. Areas in a federally established special flood hazard area shall not be developed or subdivided unless and until the Planning Director may establish that the area may be developed in accordance with the City's flood damage prevention ordinance. It is the policy of the Planning Commission that new subdivisions be harmonious and mindful of streams, floodways, floodplains, wetlands, and other environmentally sensitive areas. 5. Conditions of Acceptance of Water Bodies. Lakes, ponds, and similar areas will be considered for acceptance for maintenance only if sufficient land is dedicated as a public recreational area or park, or if such area constitutes a necessary part of a surface drainage control system as determined by the City Engineer. 6. Other Information Required. The Planning Director, City Engineer, Public Works Director, or the Planning Commission may require whatever additional engineering information is deemed necessary to decide on subdivision and other development in an area of questionable drainage. 4.11 Sanitary Sewer 1. Sewer Required. Subdivisions shall be designed to accommodate public sanitary sewer if it is available. Sewer will be considered available if lines of the proper size and flow, with pumping not required, are located within 1,200 feet of the property. Installation of all lines shall be the responsibility of the developer. If sewer is not available, private sewage disposal may be used subject to the approval of the appropriate county health department and the Alabama Department of Environmental Management. 2. Laterals. The developer of a subdivision shall construct sanitary sewer laterals within the streets of the subdivision or within platted sanitary sewer easements or rights-of-way so that the same connect with existing, or may be connected with future, collecting or trunk line sewers. 3. Oversized Facilities. The City of Prattville may participate in the cost of oversized improvements within subdivisions but serving a larger area (i.e. streets, sanitary sewer, drainage facilities, etc.) if the Planning Commission recommends such improvements and the City Council authorizes them. Prattville Subdivision Regulations - DRAFT 7/12/2022 19 4. General Design Criteria. All such designs, and the construction thereof, shall be in accordance with the provisions of the Prattville Public Works Manual. 4.12 Water Water supply improvements shall be designed and constructed in accordance with the regulations, requirements, and specifications of the Prattville Water Works Board. Water will be considered available if lines of the proper size and flow are located within 1,200 feet of the property. If water is not available, private water supply may be used subject to the approval of the local health department and the Alabama Department of Environmental Management. 4.13 Other Utilities Subdivisions shall be designed to accommodate electrical, gas, telecommunications, and other desired utilities, if available. The subdivider shall contact each of these utilities prior to submission of the construction plans and obtain necessary standards or other information which will allow service to the subdivision. 4.14 Monuments and Markers 1. Monument. Concrete monuments four inches in diameter or four inches square, three feet long, containing iron pipe or pin, and having a flat top, shall be set at all major corners in the exterior boundaries of the subdivision or sections thereof where the street right-of-way lines intersect the exterior boundaries of the subdivision or sections thereof. The top of the monument shall have an indented cross to identify properly the location and shall be set flush with the finished grade. 2. Corners. All lot corners and points of curve in rights-of-way shall be marked in accordance with the Standards of Practice for Surveying in the State of Alabama. Article V – Specifications for Documents to be Submitted 5.1 Master Plans The Master Plan shall be submitted on sheets not larger than 24”x36” and shall include: 1. Name of development 2. Outer boundary or perimeter of the overall development site 3. Proposed phases 4. Location and sizes of existing utilities (storm and sanitary sewer, water) that will service development 5. Approximate locations of all proposed streets and rights-of-way 6. Approximate locations and types of all proposed lots 7. Approximate locations of proposed utilities, including stormwater detention facilities 8. Contours at intervals no more than 10 feet 9. Adjoining development, property lines, streets, and water courses Prattville Subdivision Regulations - DRAFT 7/12/2022 20 10. A vicinity map showing the location of the proposed subdivision to the surrounding area 11. A north arrow 12. Standard scale not smaller than 1”=200’ 13. The current FEMA FIRM panel and location of any special flood hazard areas 14. Existing rights-of-way or easements on or affecting the property 15. Any other information which the Planning Director deems to be relevant. 5.2 Preliminary Plats Preliminary Plats shall be prepared by an Alabama licensed surveyor or engineer and submitted on sheets not larger than 24”x36” and shall include: 1. Name of subdivision 2. Total acreage to be subdivided 3. Name and address of owner 4. Name and address of subdivider, if different from the owner 5. Name and address of plat designer 6. Names and addresses of owners of record of all adjoining or adjacent parcels of land as they appear on the current tax records; adjacent properties include across rights-of-way, bodies of water, and properties sharing a corner 7. Date 8. Locations, widths, and purpose of proposed and existing rights-of-way and easements 9. Locations of existing and proposed property lines, existing buildings, water courses, and railroads within the proposed subdivision and at least 50 feet around the perimeter thereof 10. Location and dimensions of existing sanitary sewer and water lines, including fire hydrants. In the event the subdivision will be served by septic tanks or private wells, this should be stated on the plat 11. Proposed lot lines, numbers, and dimensions, including lot areas 12. Building setbacks 13. Number of Section, Township, and Range, with approximate ties to all identifiable section corners within or close to proposed subdivision 14. County boundary line, if in vicinity 15. Vicinity map showing general location of the proposed subdivision 16. Existing zoning 17. The current FEMA FIRM panel and location of any special flood hazard areas, floodway, and base flood elevation; if no flood hazard areas exist, then a statement indicating such 18. Contours shall be shown at intervals of not more than 5 feet. In areas where existing slope is less than 3% on one acre or more, the contour interval shall be 2 feet or less (this requirement may be waived upon request to the Planning Director or City Engineer) 19. North arrow, graphic scale, legend, number of total lots, number of residential lots (if applicable), total acreage 20. Standard scale not less than 1”=100’ 21. Location of stormwater management facilities Prattville Subdivision Regulations - DRAFT 7/12/2022 21 22. Additional information which the Planning Director or City Engineer deems to be relevant 5.3 Construction Plans Construction plans shall be prepared by an Alabama licensed professional engineer and submitted on sheets not larger than 24”x36” and shall include plans and profiles of all proposed infrastructure, including streets, sanitary sewer lines and facilities, stormwater structures, water lines, and fire hydrants. Construction plans shall reflect the approved Preliminary Plat and shall include sufficient data and calculations to allow verification of conformity to the requirements and specifications in these regulations and the Prattville Public Works Manual. Manner of submission, number and type of copies (e.g. paper or electronic), shall be determined by the City Engineer. 5.4 As-built Plans As-built plans must be submitted in hard copy, no larger than 24”x36”, and digital format. Digital format must include a portable document format (PDF) file of the hard copy and CAD file (e.g. DWG or DGN), or equivalent, with adequate formatting and information to show the following. As-built plans must include: 1. Sewer main diameter, length, material, and slope are to be called out on the plan. 2. Sewer manhole and t-type cleanout rims and inverts are to be located horizontally and vertically. All as-built elevations to be shown. 3. Water main diameter, length, and material are to be called out. Show all laterals. 4. Water fire hydrants, valves (main & hydrant), plugs, air-release and blow-off stations are to be located horizontally and vertically. Documented or known changes in types, lengths of pipe, location, or any other changes to the water system shall be indicated. 5. Storm drainage pipe diameter, length, material, pipe invert and pipe outfall, and slope are to be called out. 6. Storm drainage manhole and t-type cleanout rims and inverts are to be located horizontally and vertically. 7. Storm drainage related catch basins, culverts, and outfalls are to be located horizontally and vertically. 8. Any other changes to the construction drawings should be noted and shown with a revision cloud. 9. Electronic plans must be georeferenced. 10. Maximum error of as-built measurements shall be: a. Manhole inverts measure to 0.01 feet with maximum vertical error of 0.50 feet per 1,000 feet of horizontal traverse. Prattville Subdivision Regulations - DRAFT 7/12/2022 22 b. Horizontal locations: measure to nearest 1.0 foot with allowable error of 0.5 feet per 1,000 feet of traverse. 5.5 Final Plats Final Plats shall be prepared by a licensed surveyor and submitted on sheets not larger than 24”x36” and shall include: 1. Subdivision name 2. North arrow, graphic scale, number of total lots, number of residential lots (if applicable), total acreage 3. Standard scale not less than 1”=100’ 4. Purpose of all easements 5. Reference to recorded subdivision plats of adjacent platted land, including across rights- of-way 6. Relation of the land so platted to the government survey. Whenever section corners or half section corners occur along any platted boundary, they shall be clearly marked 7. Boundary lines, right-of-way lines of streets, easements, and other rights-of-way, and property lines of lots, with accurate dimensions, bearings, or deflection angles, radii, arcs, central angles of all curves, front building lines 8. Number to identify each lot and the approved street names 9. Gross and net acreage of the property and number of lots 10. County boundary line, if in vicinity 11. Date of Preliminary Plat approval 12. Location of monuments 13. All dimensions shall be shown to the nearest one-hundredth of a foot and angles to the nearest minute 14. The current FEMA FIRM panel and location of any special flood hazard areas, floodways, and base flood elevation; if no flood hazard areas exist, then include a statement indicating such 15. Restrictive covenant language or references (e.g. stormwater requirements) 16. Certificates and acknowledgements for designer and owner(s) as required in the Code of Alabama 1975, § 35-2-51 17. Professional Engineer’s construction certification, if applicable 18. Note stating: “Approval of a plat shall not be deemed to constitute or effect an acceptance by the public of any street or other open space shown upon the plat.” 19. Signature blocks/certificates of approval for the Planning Director, City Engineer, Public Works Director, representative of the Prattville Water Works Board (if applicable), representative of the local Health Department(s), signature block or space for recording information of appropriate judge(s) of probate; if subdivision is located outside of the city limits, then a space for the signature of the County Engineer. Prattville Subdivision Regulations - DRAFT 7/12/2022 23 Article VI – Procedures for Inspection, Approval, and Acceptance of Subdivisions 6.1 Initial Construction Subdivision improvements shall be constructed only under the supervision of a civil engineer employed by the developer. Construction of subdivision improvements may begin only after the construction plans have been approved and the developer has been issued the required permits. Quality control during construction shall be maintained by three means, as follows: 1. A pre-construction meeting is required with city staff prior to any grading or construction beginning. 2. The developer shall employ a qualified testing laboratory to perform compaction tests on street subbase and base before placement of the first layer of pavement. The results of these tests may initially be reported to the Engineering Department by convenient means, but a written report must follow. 3. The developer's engineer shall notify the City Engineer 24 hours before work begins on each of the following steps: a. Clearing and grubbing b. Grading c. Laying of sanitary and storm sewer pipe d. Roadbed processing e. Proof roll* f. Under curb compaction test* g. Pouring curb and gutter h. Subgrade compaction test* i. Placing base material j. Base compaction test* k. Placing the first layer of asphalt l. Placing the final layer of asphalt m. Air and mandrel test on sanitary sewer lines *These items shall require the attendance of representatives from both the developer’s engineer and the City Engineer’s office 4. The developer’s engineer will also mark the alignment of each stub out on the curb. When the developer's engineer deems appropriate, normally upon completion of curb and gutter, a field conference shall be convened of utility company representatives to coordinate the installation of underground lines. Ordinarily, the Water Authority (or other water utility) will be asked to install water mains before installation of gas, telephone, electric, and cable. Upon completion of all developer installed improvements, the as- builts shall be delivered to the Planning Department. These plans shall show all improvements as constructed, including the correct locations and profiles of all sanitary and storm sewer lines and appurtenances thereto, including locations and depth of all Prattville Subdivision Regulations - DRAFT 7/12/2022 24 sanitary sewer stubs. The developer's engineer shall ensure that the developer furnishes and places Electronic Locator Markers of a type approved by the City Engineer's office over all sanitary sewer stubs. 6.2 Guarantee of Improvements 1. Performance Guarantee. It shall be a requirement of final plat approval that all public improvements and utilities required herein or as may have been required on the preliminary plat, have been satisfactorily completed and installed in accordance with the preliminary plat and construction plans. However, the City Engineer may, and provided all other requirements of these regulations are met, accept, in lieu of the completion of the installation of the final wearing surface layer of a street or the required sidewalks, a performance guarantee with sufficient surety satisfactory to the City Attorney, to secure to the City the construction and installation of such improvements and utilities. a. The performance guarantee shall be in an amount equal to 125% of the costs outlined in the engineer’s estimated costs of the required improvements and approved by the City Engineer. b. Acceptable guarantees are: a performance bond approved as to form and surety satisfactory to the City Attorney and City Engineer; an irrevocable letter of credit drawn on an approved bank and payable to the City of Prattville; a cash deposit. 2. Maintenance Guarantee. The subdivider shall be responsible for materials and workmanship of pavement, curb and gutter, sidewalks, sewer systems, drainage systems, and other public infrastructure in the subdivision for a period of two years following the date of Final Plat recording. In addition, the subdivider shall be responsible for soil stabilization and maintenance of erosion control devices during the maintenance period. A maintenance guarantee, in an amount not to exceed ten percent of the contract price of the subdivision and approved by the City Engineer, shall be posted before the final plat is signed by the Planning Director. Acceptable guarantees for maintenance are the same as for performance guarantee. The City Engineer may require a higher bond as needed. If completed structures occupy 80% of the lots in the subdivision before the end of the maintenance period as listed above, the subdivider may request that the Prattville City Council waive the time remaining and close the maintenance period. It is the subdivider’s responsibility to request to end the maintenance period and submit the infrastructure to the City. 3. For subdivisions not within the corporate limits, the only public infrastructure improvements that can be accepted by the City are sewer facilities that are to be a part of the City's system. No roads, drainage structures, or other improvements may be accepted by the City outside its corporate limits. 4. In the event the developer fails to perform as required by the guarantees, the City may liquidate the guarantee instrument to pay for the cost of making the improvements or repairs. Additionally, the City Attorney or designee is authorized to file a lien equal to the amount of the improvements or repairs against any lot or lots in the subdivision subject to the guarantee and owned by the developer executing the maintenance guarantee or Prattville Subdivision Regulations - DRAFT 7/12/2022 25 performance guarantee in default. This lien shall be a certified copy of a resolution passed by the City Council and shall state the purpose and the amount of the lien and shall be recorded in the Office of Probate. The liens will not be satisfied until such time as the developer complies with the guarantee conditions or the surety pays the bond and if the lien remains unsatisfied for 90 days the City may collect on the lien as all debts are collected or liens enforced. 6.3 Final Inspection Before Expiration of Bond It shall be the responsibility of the subdivider to request an inspection before the expiration of the maintenance or other guarantees. If this inspection reveals deficiencies beyond those caused by normal wear and tear, the City Engineer shall notify the developer or contractor of the findings, and shall afford the developer or contractor reasonable opportunity to correct the deficiencies before taking steps to recover against the maintenance bond. 6.4 Acceptance of Improvements 1. Approval of a plat shall not be deemed to constitute or effect an acceptance by the public of any street or other open space shown upon the plat (Ref: Alabama Code § 11-52-32). 2. At the end of the maintenance period, and after inspection of the improvements and infrastructure by the City Engineer, the developer may request through the Planning Director that the City Council accept the improvements and the responsibility of the maintenance. It is the developer’s or subdivider’s responsibility to make this request.