HomeMy WebLinkAboutO-1769ORDINANCE NO. 1769
AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING
ORDINANCE TO AMEND ORDINANCE NO. 1317: A PLANNED UNIT
DEVELOPMENT KNOWN AS FLY CREEK; AND TO FURTHER AMEND
ORDINANCE 1572; TO APPROVE A REVISED MASTER PLAN; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as
follows:
WHEREAS, the City of Fairhope has approved a request to zone property to a PUD -Planned
Unit Development to be known as Fly Creek PUD on the 23rd day of October 2006;
WHEREAS, the City of Fairhope has further approved a request by Fred Corte and Angelo A.
Corte to amend said ordinance, specifically approximately 39.46 acres of the total 214 acres;
NOW THEREFORE, the current Owners/Applicants, Highlands at Fairhope Village, LLC,
requesting an amendment to the Master Plan; and
After the appropriate public notice and hearing of the Planning and Zoning Commission of the
City of Fairhope, Alabama has forwarded a favorable recommendation,
The property of Highlands at Fairhope Village, LLC, is located on the southeast comer of the
intersection of US Highway 98 and Parker Road, north of The Woodlands at Fairhope
subdivision and south of Sandy Ford subdivision.
TAX PARCELS:
Legal Description: (Case number ZC 22.14)
05-46-02-04-0-000-001.000
05-46-02-04-0-000-002.000
05-46-03-08-0-000-002.000
05-46-03-08-0-000-002.001
05-46-03-08-0-000-002.002
05-46-03-08-0-000-002.003
05-46-03-08-0-000-002.004
05-46-03-08-0-000-002.005
05-46-03-08-0-000-002.006
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 6
SOUTH, RANGE 2 EAST, CONTAINING 80.20 ACRES. (RECORDED IN DEED BOOK
506, PAGE 717, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA)
AND
BEGINNING AT AN OLD IRON PIPE LOCATED AT THE NORTHWEST CORNER OF
SECTION 4, TOWNSHIP 6 SOUTH, RANGE 2 EAST, RUN THENCE NORTH 89 DEGREES
53 MINUTES 02 SECONDS EAST FOR 2657.26 FEET TO AN IRON PIPE; THEN RUN
SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST 1323.02 FEET TO AN IRON PIPE;
THENCE RUN SOUTH 89 DEGREES 53 MINUTES 40 SECONDS WEST 2659.18 FEET TO
AN IRON PIPE; THENCE RUN NORTH 00 DEGREES 03 MINUTES 15 SECONDS EAST
1322.53 FEET TO THE POINT OF BEGINNING, SAID PARCEL BEING THE NORTH
HALF OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE
2 EAST, AS SHOWN IN AND BY THE PLAT OF SURVEY OF OCTOBER, 1973,
PREPARED BY MICHAEL N. PONDER, A REGISTERED LAND SURVEYOR, ALA. REG.
NO. 6775. (RECORDED IN DEED BOOK 459, PAGE 677, PROBATE RECORDS,
BALDWIN COUNTY, ALABAMA)
AND
LOTS 1-4 OF THE RESUBDIVISION OF THE REPLAT OF PHASE 1 OF FAIRHOPE
VILLAGE, P.U.D. (PLANNED UNIT DEVELOPMENT), AS SHOWN BY MAP OR PLAT
THEREOF, RECORDED AT SLIDE 2424-E AND SLIDE 2424-F, PROBATE RECORDS,
BALDWIN COUNTY, ALABAMA.
Ordinance No. 1769
Page -2-
AND:
LOTS 5-6 OF PHASE 2 OF FAIRHOPE VILLAGE, P.U.D. (PLANNED UNIT
DEVELOPMENT), AS SHOWN BY MAP OR PLAT THEREOF, RECORDED AT SLIDE
2431-A AND SLIDE 2431-B, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA.
AND THE FOLLOWING DESCRIBED PARCEL, TO WIT:
COMMENCE AT THE RECORD LOCATION OF AN IRON PIPE AT THE SOUTHEAST
CORNER OF FRACTIONAL SECTION 5, TOWNSHIP 6 SOUTH, RANGE 2 EAST,
BALDWIN COUNTY, ALABAMA AND RUN THENCE NORTH 89 DEGREES 41
MINUTES 40 SECONDS WEST, A DISTANCE OF 875.33 FEET TO A CAPPED REBAR (LS
#19254); THENCE RUN NORTH 89 DEGREES 41 MINUTES 51 SECONDS WEST, A
DISTANCE OF 168.00 FEET TO A REBAR; THENCE SOUTH 00 DEGREES 24 MINUTES
23 SECONDS WEST, A DISTANCE OF 40.03 FEET TO A CAPPED REBAR (CA-0422-LS)
ON THE SOUTH RIGHT-OF-WAY OF PARKER ROAD FOR A POINT OF BEGINNING:
THENCE RUN SOUTH 00 DEGREES 19 MINUTES 52 SECONDS WEST, A DISTANCE OF
146.85 FEET TO A CAPPED REBAR (CA-0279-LS); THENCE RUN SOUTH 89 DEGREES
54 MINUTES 28 SECONDS WEST, A DISTANCE OF 148.21 FEET TO A CAPPED REBAR
(LS #19254) AT THE SOUTHEAST CORNER OF LOT 5 OF PHASE 2 OF FAIRHOPE
VILLAGE, P.U.D. (PLANNED UNIT DEVELOPMENT), AS SHOWN BY MAP OR PLAT
THEREOF, RECOREDED AT SLIDE 2431-A AND SLIDE 2431-B, PROBATE RECORDS,
BALDWIN COUNTY, ALABAMA; THENCE RUN NORTH 00 DEGREES 24 MINUTES 11
SECONDS EAST, A DISTANCE OF 147.99 FEET TO A CAPPED REBAR (CA-0422-LS) AT
THE NORTHEAST CORNER OF LOT 5 OF SAID PHASE 2 OF FAIRHOPE VILLAGE,
P.U.D. AND THE SOUTH RIGHT-OF-WAY OF SAID PARKER ROAD; THENCE RUN
SOUTH 89 DEGREES 39 MINUTES 07 SECONDS EAST, A DISTANCE OF 148.02 FEET
TO THE POINT OF BEGINNING. TRACT CONTAINS 0.50 ACRES, MORE OR LESS AND
LIES IN GRANT SECTION 8, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN
COUNTY, ALAMABA.
1.That, in case number ZC 22. 14 the property described shall develop in substantial
confonnity with the site plan attached as "Exhibit A" and further detailed in the project
narratives attached as "Exhibit B" and shall remain in compliance with the previously
approved and amended PUD site plan. Any substantial deviation from the attached site
plan or the previously approved and amended PUD site plan, as detenn.ined by the
Planning Director will require re-approval by the Planning Commission and the City
Council of the City of Fairhope, Alabama as a PUD amendment;
2.That, the following amendments have been made to approximately 39.46 acres of the
total 214 acres:
Use: 240 apartment units, 90 flat/townhomes.
Road Network: Reconfigured in "Lot 6E" in the attached "Exhibit A" to allow for
more efficient site layout.
Buildings: Modify the unit mix and elevations within Highlands at Fairhope Village
Subdivision as shown on "Exhibit C."
The Planned United Development (PUD), Fly Creek, is hereby amended (Ordinance No.
1317 and Ordinance No. 1572). This property shall hereafter be lawful to construct on such
property any structures pennitted by Ordinance No. 1253 and to use said premises for any use
pennitted or building sough to be erected on said property shall be in compliance with the
building laws of the City of Fairhope and that any structure shall be approve by the Building
Official of the City of Fairhope and that any structure be erected only in compliance with such
laws, including the requirements of Ordinance No. 1253.
Severability Clause -if any part, section of subdivision of this ordinance shall be held
unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or
impair the remainder of this ordinance, which shall continue in full force and effect
notwithstanding such holding.
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Ordinance No. 1769
Page -3-
Effective Date -This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
Adopted and approved this 13th day of February, 2023
::,e::_ ✓ • 4�u�.MMt
City Clerk
Adopted and approved this 13th d,ay of February, /. ·'
---
uncil President
Exhibit A PftOPOHYf$ lOC.Ol[J),. c,w,r ,Sf'l;ll(W 4 It)--• sov�. 1t1WC£;tC,osr.a>LD-ccum:-,o. ,or,, fl�YrSIOH OF LOIS .5-7. 9-10 HIGH /ltlOCC £Sr A ITS ......... l WiC 118 10, PG 21 P080• 7� w(]Ojllt(l5(, •L Ja��t I s 9•41'51-t 1-..1.91 POO(U.. (:'!>il'><I� ™lPAAl<[!tltOAD ru1t10PC. Al. l6�ll .. ULU<S.141:""'Y 11�Pd<(lttt0-\0 r•"""Ol'C. �l l6$.J2 I :;· ;;;�' �-�-----�;::�-��=:;-:_:�-�==-��:���I��-�--�-��--�:-�:��;;;;:-=-�:.�-:�"-"'--------/-·-�1t11 ��.Y.· �.:--�:,_· �J_llJbbPARKER ROA.Cl RIGHT-OF-WAY VARIES Lor 5 PHASE 2 OF FA/RHOPC lfUAGC SUDCS 24JIA-8 LOr1 (PUBUX) f•ftl,OP(U.C C/Ol'IIOl'[RIYT,._.t>CPI ,010•l!l1llll0 SAN""''°""°· U78l� ,•/ id,·\""
J-.$�,/" • J-.?
l�!fl ""''l l';.,
,or., I �,��---. GREENSP�CE ·�� • .., ---• �• .,.. ,_# ,.,.. C1 7 �}n. -....sa:hJi fft -----,_flu ·-----�;t,-S/TEOATA:
CURRENT ZONING - PUO
LOT 60 SIZE - 1.69 ACRES
LOT 6E SIZE -7.34 ACRES fLYCREt""·:wi>.'1' 11 -· .. · � � L j � LOT6ASIZE-2.73ACRES _,7S'RiG'rl.l.of � � �I TOTAL -ll.76ACRES LIN. FT. STREET-2463 LF
'--.,_
\
TOTAL GREENSPACE -4.40± (37%)
IMPERVIOUS AREA -3.03 AC (26%)
PROPOSED NUMBER OF PARKING SPACES - 215
/ \../ PROPOSED BUILDING COVERAGE -B9,B93 SF
.i,
�
�
PROPOSED BUILDING HEIGHT -SEE ARCHITECTURAL PLANS
BUILDING UNIT BREAKDOWN FL y CREEK p u D
• , 18 , 18 2nd Amendment 0 UNIT TYPE LOT6D LOT6E LOT6A TOTAL
( � B O 3 0 3
0
., \�::,6;}�{, --I r I o I s I s I 1 0 I' (PROPOSEOI 2(EXISTING)
2(EXISTING) ,. 12 36 ; 8 I'.,, " 90 8.06 7.65
DllCEMBER L 20'12 - SHPEf I OF I I A�-�[�Ld V,L.G. PROJ MGR A.N.B SCALE 1"•50•
PROJ NO 50166286 , -----,-�,,, ___ ,:_: ________ :.: ____________ :_,. __ ��:-:*,_ ··I .-· I ·1 I -��:,ITT I---===,-,�·=,---,---�-~-' ,,, 4./J I a· �18�·-s�f 1 o·£ )02.61 · SHEET 1 or 2 W\'>01S6.286 - TM( f11GHLANDS ... , r41RHOPE V1LLAGE\PlANNINGl',01S6286PUD_BIALDING SWAP ,ev<t,,,g. 12/1/20ll 9S7 2l AM
Exhibit B
I Dewberry·
Fly Creek PUD Amendment, second amendment
Case No. ZC22.14 PUD Narrative Dewberry Engineers Inc.
25353 Friendship Road
Daphne, AL 36526 Pre-application Meeting: June 30th Meeting with Stewart Speed Owner: Highlands at Fairhope Village LLC Legal Description: Warranty Deed / Survey Background: 251.990.9950
251.990.9910 fax
www.dewberry.com Fly Creek, a Planned Unit Development was approved by the City of Fairhope City Council on October 23, 2006 by Ordinance No. 1317. In April of 2008 Phase 1 of Fairhope Village, a 2 lot subdivision within the Fly Creek Planned Unit Development, was recorded in the Probate Office and a subsequent replat was recorded in July of 2009 adding the detention pond and access road to the subdivision. Lot 1 of that subdivision was developed into the Publix and other commercial businesses. In September of 2009 a re-subdivision of Phase 1 was recorded basically creating Lot 3 which is now the bank site. Then in December of 2009, Phase 2 of Fairhope Village was recorded, which created Lots 5 and 6. Lots 2 and 4 of Phase 1 and Lots 5 and 6 of Phase 2 are undeveloped at this time. Lot 5 is the site of the Fairhope Fire Department Substation. PUD was modified again to add the 0.5 acre site immediately east of and adjacent to Lot 5 of Phase 2, revise a portion of Lot 6 of Phase 2 of Fairhope Village, from the mixed use of townhome lots, townhome/ flat lots, condominiums, and various sizes of single family lots, to a new layout of apartments, flats/ townhomes and live/work units; and, re-subdivision of Lot 6, with the addition of the 0.5 acre parcel mentioned above, into 6 new parcels. This minor PUD amendment is in keeping with the intent and purpose of the PUD. The application proposes the following minor amendments: 1.Modify the work/live units to townhomes, PPIN 3695182.Reconfigure the road network, PPIN 386029, "Phase 3" Highlands at Fairhope Village3.Modify the unit mix and elevations within Highlands at Fairhope Village SubdivisionThe proposed changes are in response to the current residential market. Although the work/live concept is innovative, the number of vacant storefronts within the Shoppes at Fairhope Village make it impractical to maintain this original use. The minor change to the road network was to accommodate a more efficient site layout. Construction for the develop is expected to start shortly after MOP approved and construction to be done for entire site taking 12-16 months depending on material availability. The prior PUD referenced phasing for the development, we propose references to phasing are removed for the Highlands at Fairhope Village. The approximately 160 acres of the previously approved PUD located east of Lot 6 of Phase 2 of Fairhope Village is not being changed in anyway with this proposed modification request.
Exhibit C
ILLUSTRATIVE Fly Creek PUD -(2nd) Amendment HIGHLANDS AT FAIRHOPE VILLAGE I FAIRHOPE, AL
'a( .,I
(};, ' lll! ljJlil' ..... � :w, 'cl...U..______:::::pu - lll'�J�
/'-) Bldg Type
Unit Summary
No. of Units/ Bldg
.r��� / • \. 'A ( � IL-__J�. u
), � r.,,si,,,1 ----.J.i � (1 existing)
F
G
Total No. of Units
906STUDIO.COM m NOVEMBER l l, 2022
2
3
3 2
6
8
8
No. of Bldgs
9
1
1
3
6
2
1
90
Total Units
18
3
3
6 36
16
8
FRONT ELEVATION
906STUDIO.COM -JUNE 21, 2022
HIGHLANDS AT FAIRHOPE VILLAGE I FAIRHOPE, AL
Unit A View from Bascom Way/Dry
Falls Way
0 2 4 8
1/8"=1"-0"
CONCEPTUAL ELEVATIONS
11
..
REAR ELEVATION
906STUDIO,COM -JUNE 16, 2022
HIGHLANDS AT FAIRHOPE VILLAGE I FAIRHOPE, AL
Unit A View from
Corte Ridge
0 2 4 8
1/8"=1'-0"
CONCEPTUAL DESIGN
FRONT ELEVATION
906STUDIO.COM -JUNE 21, 2022
HIGHLANDS AT FAIRHOPE VILLAGE I FAIRHOPE, AL
Unit A View from
Bascom Way/Dry
Falls Way
0 2 4 8
1/8"= 1'-0"
CONCEPTUAL ELEVATIONS
12
REAR ELEV A TION
906STUDIO.COM -JUNE 16, 2022
HIGHLANDS AT FAIRHOPE VILLAGE FAIRHOPE, AL
Unit A View from Corte Ridge
0 2 4 8
CONCEPTUAL DESIGN
FRONT ELEVATION
906STUDIO.COM -JUNE 21, 2022
HIGHLANDS AT FAIRHOPE VILLAGE I FAIRHOPE, AL
Unit B View from Bascom Way, Dry Falls Way, and Appleseed Lane
0 2 4 8 �
l/8" = 1'-0"
CONCEPTUAL ELEVATIONS
!4
,•• REAR ELEV A TION
906STUDIO.COM -JUNE 16, 2022
HIGHLANDS AT FAIRHOPE VILLAGE I FAIRHOPE, AL
Unit B View from Parker Road
I � ILil 1 11--- ■--
0 2 4 8 ---
1/8"=1'-0"
CONCEPTUAL DESIGN
FRONT ELEVATION
906STUDIO.COM -JUNE 21, 2022
HIGHLANDS AT FAIRHOPE VILLAGE I FAIRHOPE, AL Unit C and E View from Bascom Way, Dry Falls Way, and Appleseed Lane
0 2 4 6 10 ___,
3/32" = 1 '-0'"
CONCEPTUAL ELEVATIONS
!5
REAR ELEV A TION
906STUDIO.COM -JUNE 16, 2022
HIGHLANDS AT FAIRHOPE VILLAGE I FAIRHOPE, AL
Unit C and E View
from Corte Ridge
and Fly Creek Ave
0 2 4 8 __.
1/8" = I '-0''
CONCEPTUAL DESIGN
AREA:
1'1 FLOOR HEATED 685 S.F. +/-
2 ND FLOOR HEATED 890 S.f. +/-
TOTAL 1,575 S.F. +/-
l'' FLOOR HEATED 460 S.F. +/-
2 ND FLOOR UNHEATED 0 S.F. +/-
TOTAL 460 S.F. +/-
OVERALL TOTAL 2,035 S.f. + /-
Unit B Floor Plan
+f--=---=l-1 =--11=--=---:p. I: REAR PORCH 11
,, 20' X 8' I I1 -.1rll 7 Flt-=
DINING (' 'Io(,( >" JI,-LIVING
8' X 16' v \\ /II 12' X 16' Wll£ ovr,e.,��; +ml KIT.CHENL,-L6'XIO
; _r-1 F1l .... "L...1-:--L
/1 I
GARAGE
11' X 22'
II ii
� ! J!
20' TOWNHOME FIRST FLOOR
SCALE: 1 /8" = 1 '-0"
PANTRY4' X 7'
I 05/04/2022
rt FL ul/1
THE HIGHLANDS OF SCHEMATIC DESIGN I FAIRHOPE VILLAGE
FAIRHOPE, AL
' ◊ 'l)
i-�DN 1-4
0 MSR. BR.
17' X 16' l ---+
20' TOWNHOME SECOND FLOOR
SCALE: 1 /8" = 1 '-0"
114
AREA: pr FLOOR HEATED 740 S.F. +/-2ND FLOOR HEATED 970 S.F. +/-TOTAL 1,710 S.F. +/-pr FLOOR UNHEATED 500 S.F. +/-2ND FLOOR UNHEATED 200 S.F. +/-TOTAL 700 S.F. +/-OVERALL TOTAL 2,410 S.F. +/-
Units C and E Floor Plan Option 1
Id I.J_ -=-r.c=. = =+' I I '1 REAR PORCH I 22' X 8' 11 l---==tf='""1l = f r d 1
/� DINING Q (,(,, '-:>fl[�� o◊
LJ KITCHEN
A I , I \ I ,.JAR AGE 1·1 l3' X 22·\.
�
II I I 1±:-=-J¼-
LIVING 12' X 16'
PANTRY 4· X 7'
22' TOWNHOME FIRST FLOOR OP. l SCALE: 1/8" = l '-0" I 05/04/2022
SCHEMATIC DESIGN
I 7t I
ttr-BED 2 11' X 13'II / BED 3 11' X 13' O�l m: ()Ir,4
CL, ,...
/ i=-,�--\/�WI ,,I{ "'--LJ
C 1''!]. MSR. _ _�- _____ _ BATH fl' 8'Xl6' DN1� I
tJ 1 .+-=...1 ·.-=:I, ' MSR. BR. r-, 't--17'Xl6' ' 1 4 � H' -1" Jii711
f � jl. � - J I L--i-:
0 �-). ?��:!
���� FRONT PORCH I I
!j 22' X 9' I! I1------------::;_- -_j;-�
BATH 2 6' X 9'
22' TOWNHOME SECOND FLOOR OP. l SCALE: 1 /8" = l '-0"
THE HIGHLANDS OF FAIRHOPE VILLAGE FAIRHOPE. Al
214
AREA: J S' FLOOR HEATED 745 S.F. +/-2 ND FLOOR HEATED 980 S.F. +/-TOTAL 1,725S.F.+/-
pr FLOOR UNHEATED 500 S.F. +/-2 ND FLOOR UNHEATED 0S.F.+/-TOTAL 500 S.F. +/-
OVERALL TOTAL 2,225 S.F. + /-
Units C and E floor plan option 2
if-==--== =4
11 REAR PORCH 11
j 22' X 8' Ii j�=u=�
II' DINING o .A _,,,,.-LIVING
10'X16' ��• / 12'Xl6' n rr-+
I' ' ;I 1◊v,[L,�]I o◊
��
U!_
�. + 7 111:
K
.
I TCHE;"
.
�
17' X 10' a8�-i 4
I 7 . �
GARAG,E 13' X 22 ¼= . \ Ii� --:_0 'l.J[
u.....-� � , i 11::r - -- ---
22' TOWNHOME FIRST FLOOR OP. 2 SCALE: l /8" = l '-0" I 05/04/2022
,D J�
SCHEMATIC DESIGN
--; MSR. BR. 16' X 15'
. -, n/MSR�mm
,n,\A� *'·qj U· B�T �t-7='1== _-
---
n·-i'o:
H BED 2 BED 3 (J I-. ll'Xl4' l· ll'Xl4' '"=l=-4 .f..-:l. . L...J l-......FfJ
22' TOWNHOME SECOND FLOOR OP. 2 SCALE: l /8" = l '-0"
THE HIGHLANDS OF FAIRHOPE VILLAGE FAIRHOPE, AL
LAUNDRY6' X 9'
314
AREA: 1'1 FLOOR HEATED 1.365 S.F. +/-2ND FLOOR HEATED 1,430 S.F. +/-
TOTAL 2,795 S.F. +/-
1" FLOOR UNHEATED 585 S.F. +/-2ND FLOOR UNHEATED 280 S.F. +/-
TOTAL 865 S.F. +/-
OVERALL TOTAL 3,660 S.F. +/-
Unit A Floor Plans
r 1==t'f =r-,it= -=+I--=--ri-=-�I', ' -_+-f:M;JG m �,. REAR PO.RCH -I :f'Y�'X9' l9'X9 j -'Ut:-1 7l I
1--, _ � I ;r= �,, LIVIN�I I r-. L l O 19' X 16' I 11 l -:-1 W1 1 -� H 1 ;& r9 i -r • 1_.,i!LJ H.µ:ll I I 'I: I I KITCHEN I I I I .J l3Xl6� � L-+ i0.��: �� �•�-f -�, I ---, �LD --JI UP ➔ LAUN DR �1: LL .1 11 s· x 6. 1 r r .-1 --1 , )ljf I I "'�� r ·'t .._i·o1 �TR H �CLO. r7'Xl7' ' I
GARAGE 13' X 22'
I '
-.L.J
I I , 1 ...., '_' I"--_I .._, � .. n h -, r-I IBR. 7 ; I �;'f:::tJf � !I I l II I l �-=tl==�
DUPLEX FIRST FLOOR SCALE: l /8'' = l '-0" I 05/04/2022
+tF-
THE HIGHLANDS OF SCHEMATIC DESIGN I FAIRHOPE VILLAGE FAIRHOPE, AL ..... ------�--.._,__,-.. --I' 1, 11,
frl ll 1 I
<L � BED 3 AI 13' X 15' LJ
I 'I tl I . .J d TI ,_ BATH 3 ! J' &rx 12· CLO· 1��-i: �--::; r-----
I (;::r CL;_ I ,.,.•BATH 2 I r l rx12· -� (
•10
<
1I ii )9'◊ rm
t ....... t--' 71, ' I �l � _j
O r �A� J -r��, '7
��1 ��:1
�--ll/w·1. __ _ 1 / BATH 4 J .¥ 13' X 6'
¥ d$ ;--�� [ ...I I -fII ' tf=::_ lj i��� 4 n �15·�
I!
DUPLEX SECOND FLOOR SCALE: l/8" = l '-0"
414
MEMORANDUM
DATE: January 13, 2023
TO: Fairhope City Council
FROM: Hunter Simmons, Planning Director
RE: Proposed Amendments to Fly Creek PUD ZC 22.14
The Fly Creek PUD Amendment, ZC 22.14, received a unanimous vote from the
Planning Commission to recommend approval (with conditions) to City Council at the
October 3, 2022, meeting. The staff report, as presented to the Planning Commission, is
attached for your convenience.
Staff reviewed the request and made a recommendation to the Planning Commission to
approve ZC 22.14 with the following conditions:
1.Buildings shall fall within established setbacks and allow room for
required landscape/buffers.
2.A formal Site Plan/Multiple Occupancy Project shall be conducted.
3.Detailed floor plans shall be provided for each building type with
front/rear elevations with particular focus on the rear of buildings located
along Corte Ridge Road.
The application is advertised in the newspaper as required by the Fairhope Zoning
Ordinance prior to a Public Hearing before the Fairhope City Council. This
Memorandum supplements the application to summarize the applicant's request.
The Applicant, Dewberry Engineers Inc., proposed the following three (3) minor
amendments to the existing PUD. The proposed amendments are summarized as follows:
This PUD amendment focuses on the request and review of three (3) minor revisions:
1.Modify the work/live units to townhomes.
2.Reconfigure the road network and add a new private interior road.
3.Modify the unit mix and elevations within Highlands at Fairhope Village
Subdivision.
City of Fairhope
Planning Commission
October 3, 2022
ZC 22.14 -Fly Creek PUD Amendment
.,..,
,me: PUD Amendment Proje<!N IFl�reek Site Data ,11.76ac ProjectTy1
es e_e: PUDAme Jurisdicti !FairhopeZoningD, PUD
1dment
1ing Jurisdiction
t:
i-----PPINNum -I 369505, 3 __ General L �,386030, 386029,369509 ion: !North an ! Road, and East of the Publix on U.S. Highway 98 Su�eyor of R;;;;;;J; I Dewbe rry '!r of Record: rry [Engine1 Dewbe Owner Highla I Developer: nds at Fairhope Village LLC lschool Fairho IFairho Recom Appro 1Prepar• Hunte
District: Je Elementary School Je Middle and High Schools mendation: ve with Conditions --
ed by: r Simmons
'
Legend
Roads □Parcels
Corporate Limits
ZoningDistrict
ZoningClattiflc:ation
B-2 -General Business 01stnct
-8-4 -Business and Professional 01stnct
PUO -Planned Unit Development
R-1 -Low Density Sing!e-Family
R-2 -Medium Density S1ngle-Fam1ly
Planning Junsdicbon
I� ;i: �
Page 4 0(6
APPLICATION FOR ZONING DISTRICT CHANGE
Property Owner / Leaseholder Information
Name: Highlands at Fairhope Village LLC Phone Number: 601-94 1-8860 ----------
Street Address: _4_7�6 _;:C_o _lo_n�y�D_r_iv�e __________________ _
City: Fairhope State: AL Zip: ....:::3--=-6 =53==2=--------
Applicant / Agent Information
Ir different from above.
Notarized leL<er [rom property owner is required if an agent 1s used for representation.
Name: Dewberry Phone Number: _2_5 _1-_9_2 9_-_9_7_91 ____ _
Street Address: 2 5353 Friendship Rd
City: Daphne State: AL Zip: _3_6 5_2 _6 _____ _
Current Zoning of Property: _P.....;U;_D __________________ _
Proposed Zoning/Use of the Property: ..:...R.:..:e:..::sc:..:id:..::e:.:..:n�tia=-:1 ___________ _
Property Address: ....:::S....:::e-=-e....:::a=tt=a�ch""'m..:..:..:::..enc..;.;t=s-'-. _________________ _
Parcel Number: See attachments. --"--'-�=��='---------------------
Pro.per ty Legal Description: ....:::S....:::e-=-e ....:::a=tt=a=ch""'m-""-e=n'-'-'t=s'--. _____________ _
Reason for Zoning Change: =L=ay'""'o"""u=t....:::c'""ha=n"""g""e""". ______________ _
Property Map Attached
Metes and Bounds Description Attached
Names and Address of all Real Property Owners
within 300 Feet of Above Described Property Attached.
filID NO filID NO
fl§ NO
Character of fmprovements to the Property and Approximate Construction Date: See attached narrative.
Zoning Fee Calculation:
Reference: Ordinance 1269
I certify that I am the property owner /leaseholder of the above described property and hereby
submit this application to the City for review. *If property is owned by Fairhope Single Tax
Corp. an authorized Single Tax representative shall
�
sign · pplic�tWn-J !J 5 v I'-" G t,,L.. 1 5 ----=-,_.,,_--�'---ft-___-------Property Owner /Leaseholder Printed Name Si ure
08/23/2022
Date Fairhope Single Tax Corp. (If Applicable)
Summary of Request:
Dewberry Engineers, Inc., on behalf of the of the Owner, Highlands at Fairhope Village, LLC,
request a second amendment to the Fly Creek PUD originally approved in 2006 by Ordinance
1317, as amended by Ordinance 1572 in 2016. Ordinance 1572 states that the use of the PUD is
240 apartment units and 90 flat/townhome and live/work units (Total: 330 units}.
This PUD amendment focuses on the request and review of three (3) minor revisions:
1.Modify the work/live units to town homes. (See pink highlighted section on the plan
below).
2.Reconfigure the road network and adding a new private interior road (See yellow
and turquoise highlighted sections, respectively).
3.Modify the unit mix and elevations within Highlands at Fairhope Village Subdivision.
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"""""'CUMENT ZOfONG·PUD lOlilJ511r•LHIIClQ lOflilJla•1'JU,[18 LO'lk111[-Z.U.-J "TDT.lt. LLJl'.ACaU, l91.fT . .M'J.llf,lHl�f TDTM.C.lmGl!Aa.•4.W� "'°"°510 NJfl01MI �DIJltl •SH &11:llllCJUIW. ,LM!. f'IIClll'QUf)l&,lll.lllllGt0VIIUlliil-""'31f �.-r:'Fl = ""� I� 11''°"'11111 �ll,llmq;;J • •... . m•
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FLY CREEK PUD {2nd) Amendment
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A Multiple Occupancy Project was approved in 2019 that, once again, altered the unit count
and layout. The layout generally remains the same as the approved site plan and the number
of units of the PUD remains the same at 330. The apartments already exist making up 240 units
and there are already five (5) townhomes (1 triplex and 1 duplex} constructed. This amendment
applies to the remaining 85 units to be built.
1 ZC 22.14 Fly Creek PUD (2nd) Amendment -October 3, 2022
Comments:
This review focuses on the differences between the currently approved PUD and the proposed amendments
included within this application. The staff reports and ordinance for the currently approved PUD are included
for reference, but the following is a bullet point list of applicable highlights from Ordinance 1572.
•The property described shall develop in substantial conformance with the site plan and project
narrative; and shall remain in compliance with the previously approved and amended PUD site plan.
•Use is 240 apartment units and 90 flat/townhome and live/work units;
•Building Heights: Residential -35 ft.; Mixed-Use/Commercial -40 ft; and
•30 -50 ft wetlands/creek bank buffer along Fly Creek.
Review comments are included for each request with a closing summary and recommendation below. The
Applicant provided a narrative, which is included, in full, as an attachment.
1.Modify the work/live units to townhomes.
Figure 1
The original PUD approved in 2006 created a diverse mix of
residential, as well as commercial components. Live/Work was
a labeled use, but not clearly defined. As verbally described, it
was intended to be residential on top of commercial units. The
2016 PUD amendment altered the layout of the
apartments/townhomes, but did not approve a change in the
use of the live/work units circled in Figure 1.
In 2019, the layout of 77 townhomes were refined in a MOP
that did not include the live/work units. Figure 2 illustrates the
live/work site {Lot 6D} in relation to current buildings.
2 ZC 22.14 Fly Creek PUD (2 nd ) Amendment -October 3, 2022
As an explanation for this request, the
Applicant provided the following:
"The proposed changes are in
response to the current residential
market. Although the work/live
concept is innovative, the number of
vacant storefronts within the Shoppes
at Fairhope Village make it impractical
to maintain this original use."
Figure 2: Lot 6D
Fly Creek Avenue was originally approved with a mix of uses that transitioned from commercial to residential
as one moves further from Greeno Rd. The two existing buildings adjacent to Fly Creek Drive are commercial
with no residential components. Work/live units at the site highlighted in Figure 2 support this transition and
Staff typically recommends mixed-use within Village Centers.
Changes in use, especially from mixed-use to residential, should be considered carefully. Commercial
components of a Village Center not only provide gathering places for residents and visitors alike, but also
provide a tax base for the City. However, the Comprehensive Plan does recognize the City needs to be flexible
to market conditions, which is the reasoning behind the Applicant's request. Work/Live Units are not clearly
defined within this PUD, nor within Zoning Ordinance. Therefore, it is difficult to evaluate this request.
Although we are not developers, Staff feels converting the units on Lot 6D to solely residential is a missed
opportunity. While work/live may be impractical, alternatives, such as commercial below and residential units
above may be successful. For example, a restaurant/watering hole on the ground floor can be a gathering
place for residents and commercial tenants alike. The Applicant stated there are still vacancies at the Shoppes
at Fairhope Village. A restaurant could be an economic driver offering reciprocal benefits to all property
owners within the PUD. Staff would request the Applicant consider alternatives on Lot 6D.
In contrast, our reviews react to specific requests, as well as previous approvals. Work/Live does not define,
for example, percentage of commercial space. It is a flexible definition. Home Occupations are allowed, with
restrictions, in residential property, which would fall under a general definition of Work/Live. With everything
considered, Staff does not see where this request conflicts with our Comprehensive Plan, nor with previous
approvals.
2.Reconfigure the road network and adding a new private interior road
3 ZC 22.14 Fly Creek PUD (2 nd) Amendment - October 3, 2022
In general, Staff believes the deviations from the approved road layout are minor and further believes the
proposed changes meet the intent(s} of the PUD. With that in mind, the addition of Cider Mill Lane alters the
view of the town homes fronting Corte Ridge Road. The elevations provided illustrate the view from Cider Mill
Lane. Care should be given to the rear elevations of these units as they impact the visual aesthetic of a City
maintained road.
In addition, Bascom Way was slightly altered at the intersection of Corte Ridge Road with proposed changes
to the installed planting islands (Figure 3). With the addition of Cider Mill Lane, residents can easily access
Corte Ridge Road from Dry Falls Way. Staff does not support further alteration of the existing planting islands
(Figure 4).
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3.Modify the unit mix and elevations within Highlands at Fairhope Village Subdivision.
4 ZC 22.14 Fly Creek PUD (2 nd ) Amendment -October 3, 2022
The site plan approved in 2019 (Figure 6)
consists of 77 units mixed within five (5)
different building types as shown in the Site
Data Table (Figure 5).
The Building Unit Breakdown describes how
the residential units were dispersed. The
building plans and elevations, as approved in
2019, are included in the packet for
reference.
174 Parking spaces were provided in total.
42.16% of the site was greenspace and
28.97% was impervious surface (excluding
buildings). Gross Density was 7.65
Units/Acre.
SITE DATA: BUILDING UNIT BREAKDOWN:
CURRENT ZONING -PUD
LOT 6E SIZE· 7.34 ACRES
LOT 6A SIZE· 2.73 ACRES
TOTAL 10.07 ACRES
PROPOSED BUILDING HEIGHT· SEE ARCHITECTURAL PLANS
TOTAL GROSS FLOOR AREA -136,652 SF
PROPOSED BUILDING COVERAGE -130,568 SF
PERCENTAGE OF IMPERVIOUS AREA (EXCL. BLDG.)-28.07 %
PERCENTAGE OF PROPOSED GREEN SPACE/LANDSCAPING -42.16%
REQUIRED NUMBER OF PARKING SPACES· 160
PROPOSED NUMBER OF PARKING SPACES· 174
STRIPED PARKING:
STANDARD ASPHALT SPACES: 33
UNIT TYPE # OF UNITS --A--20 B 6 C 31
D 8 E 12
TOTAL 77 UNITS
STANDARD PERVIOUS SPACES: 19 (25.00% OF PROPOSED STRIPED SPACES)
COMPACT SPACES: 20 (32.26% OF REQUIRED STRIPED SPACES)
HANDICAP SPACES (VAN ACCESSIBLE) : 4
TOTAL 76
GARAGE PARKING:
GARAGE SPACES: 98
TOTAL PROPOSED SPACES: 76 + 98 = 174
Figure 5: Site Data Table from Site Plan approved in 2019.
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OVERALL SITE PLAN
C3A
Figure 6: Site Plan as currently approved (2019)
5 ZC 22.14 Fly Creek PUD (2 nd ) Amendment -October 3, 2022
Since 2019, five (5) townhomes have been constructed. The Applicant approached Staff about alternate
building plans for those approved in 2019. Article Ill, Section D of the Fairhope Zoning Ordinance provides
special conditions for town homes, including layout, form, greenspace, etc. The proposed building plans
submitted with this amendment are designed to accommodate the standards of the Zoning Ordinance. Front
elevations and unit floor plans are included within the packet for reference. A couple of examples are included
in Figures 7 (Smallest Unit) and 8 (Largest Unit) below. No elevation was provided for a 3-unit townhome.
rRO".J-[L[YAT 0\1
Figure 7: Example of the Proposed Building Elevation (Smallest Building)
F�ONT ElfVAilON
Figure 8: Example of the Proposed Building Elevation (Largest Building)
6 ZC 22.14 Fly Creek PUD (2nd) Amendment -October 3, 2022
�:;v-;ITEDATA:
CURRENT ZONING· PIJD
LOT 6D SIZE· 1.69 ACRES
''A LOT 6E SIZE • 7 .34 ACRES 11 \. LOT 6A SIZE -2. 73 ACRES
/� TOTAL • 11.76 ACRES
In comparison to the 2019 plan, which only included
Lots GA and GE (10.07 Acres), the proposed site plan
consists of 82 units (instead of 77) on Lots GA and GE,
with an additional eight (8) units proposed on Lot 6D.
As a reminder, Lot 6D required Live/Work units and
was not included in the 2019 site plan. \
UN. FT. STREET· 2510 LF
\ TOTAL GREENSPACE • 4.40t (37%) ' , PROPOSED BUILDING HEIGHT· SEE ARCHITECTURAL PIANS
PROPOSED BUILDING COVERAGE· 89,893 SF
Figure 9 includes the Site Data Table as presented with
the proposed site plan. The Building Unit Breakdown
describes how the residential units are dispersed. As a
note, of the five (5) building elevations provided, there
are two (2) options for the duplex townhomes, but
none for the triplex townhome. If this PUD
amendment is approved, final elevations, including
rear elevations, and floor plans shall be required for
the MOP review.
BUILDING UNIT BREAKDOWN
UNIT TYPE LOT6D IOT6F LOT 6A TOTAL
A 0 0
C 0 3 0 3
0 2iPROPOSD 2 (EXISTING]
F 0
f 8 24
TOTAi 8 60 90
O(NSflV (UNIIS 4.73 8.17 P(RACkl)
Figure 9: Site Data Table as proposed.
ce.r.;;.i
ENC
Building heights of the proposed buildings range from approximately 33' -37' (top of ridge). This is comparable
to the approved building plans. This PUD allows building height to be measured "from the FFE of the first full
floor to the eave of the building".
Exact parking counts are not provided. The addition of five (5) units on lots GA and GE may require additional
parking. Greenspace has been reduced from 42.16% to 37%. Impervious surface calculations are also not
provided. Gross density is the same as the plan from 2019 -7.65 Unit/per acre. The commercial component
is removed.
There are two (2) site plans submitted with this application: Figure 10 does not illustrate
sidewalk/trails, but does include a pool and clubhouse adjacent to the newly proposed Cider Mill
Lane. Figure 11 is a rendered site plan illustrating a different location of the pool/clubhouse. A
schematic pedestrian path is shown in Figure 11.
In addition to the amendments proposed, a PUD includes approval of a site plan. Since Planning
Commission is making a recommendation to the City Council on this case, Staff recommends review
comments in this staff report, as well as comments from Commissioners during the October 3
Planning Commission, be incorporated into a single site plan prior to presenting to the City Council.
7 ZC 22.14 Fly Creek PUD (2 nd ) Amendment -October 3, 2022
It is important to note, neither plan clearly defines pedestrian connectivity throughout the site, nor
with the surround ing components of the PUD. A pedestrian circulation plan shall be required with
the MOP for review.
8
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ZC 22.14 Fly Creek PUD (2 nd) Amendment -October 3, 2022
HIGHLANDS AT :RHOPE VILLAGE I FAIRHOPE, AL
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Figure 11
Landscaping
Conceptual landscape plans are submitted, but revisions will be required in the follow-up MOP
review that should clarify sidewalks, trails, buffers, fencing, and materials. Especially important is the
buffer along the northern side of Lot 6A. Staff believes a more substantial buffer is needed than
what is illustrated on the landscape plans included with this application and recommends a 20'
densely planted buffer.
Drainage and Utilities
Engineered plans for drainage and utilities will adjust to accommodate the proposed revisions, if
approved. Revised plans will be reviewed during the MOP.
Staff_ Recommendation:
Staff recommends approval of Case ZC 22.14 Fly Creek PUD {2nd ) Amendment with the following
conditions:
1.) Buildings shall fall within established setbacks and allow room for required landscape/buffers.
2.) A formal Site Plan/Multiple Occupancy Project shall be conducted.
3.) Detailed floor plans shall be provided for each building type with front/rear elevations with
particular focus on the rear of buildings located along Corte Ridge Road.
9 ZC 22.14 Fly Creek PUD (2"d) Amendment -October 3, 2022