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HomeMy WebLinkAboutO-1116cc �i Q U �D a- Way _. `c oQ z w Q tom-- o ORDINANCE NO. 1116 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE; TO APPROVE A SITE PLAN; FOR THE COMMERCIAL USES PERMITTED FOR THE COMMERCIAL PROPERTY AS OUTLINED IN THE ROCK CREEK PLANNED UNIT DEVELOPMENT The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975, is changed and altered as described below: WHEREAS, the City of Fairhope has received a request for a clarification of the commercial uses permitted for the commercial property as outlined in the Rock Creek Planned Unit Development; and, WHEREAS, Each of the commercial sites will require site plan approval before any building permits will be issued; and, WHEREAS, after appropriate public notice and hearing, the Planning and Zoning Commission of the City of Fairhope, Alabama, has forwarded a recommendation to the City Council for amendment of Ordinance No. 557 as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1. That, in Case Number ZC 99-15 Lot 177 C, located at the northeast corner of US 98 and Rock Creek Parkway, shall develop in substantial conformity with the attached site plan attached as "Exhibit A". Any substantial deviation from the attached site plan, as determined by the Director of Planning and Building will require re -approval by the Planning Commission and the City Council of the City of Fairhope, Alabama; 2. That, Maximum building heights measured from grade level to roof line shall not exceed 35 feet or two stories on the commercial lots indicated in "Exhibit B". 3. That, the City Council amendments are attached as "Exhibit C" 4. 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 not withstanding such holding. 5. EFFECTIVE DATE. This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS 09 th DAY OF April 2001 bVyv,5—� - ait:h7y�M�IN nt, Mayor LEGEND F1 G PROPOSED FIRE HYDRANT \\ PROPOSED WATER LINE 'ice PROPOSED STORM DRAINAGE i , PROPOSED DRAINAGE FLOW 1 10' WIDE PEDESTRIAN ACCESS EASEMENT (THIS IS NOT A UTILITY NOR A VEHICULAR EASEMENT) 1 REO•D 15" REINFORCED I CONCRETE PIPE W/SLOPE N PAVED END WALLS' (ROPE a:1 MAX) 1 $ TIPS R 1 T eEi, s I Ynl� 1 I I, P� ` ►, 1 1 '' o y q N , . 0 1 i 31 £ a 1I2 1 !.1Li �a �' !• i SOP ti i m$ ,cr m N. . ROGK GE Ry\SDK ENtRPN RO: RE SALE I 1 G 1 � 1 1 ; 1 1 1 1 \\ o 0 -•''i •� 1 IPOP D JMPSTERIf A 18 9 ACRES . �ULLQW FLOOOLINE9 ilk s:,.. ���.� � • 1 r ' 111 � I 1 d:`I �\ 1t Too NEE.eea'osP Rip 1 1 PFNO Y 1 11 1 II Oit1IT,on 'Area •% 0.)15 SF, � I j SETB' �� BRIDGE /I . ­T ✓` � \ - 0 SITE DATA CURRENT ZONING - PUD COMMERCIAL PROPOSED USAGE - AS PER CURRENT ZONING TOTAL ACREAGE ..........6.28 AC. BUILDING AREA ...........37.248 S.F. IXt FLOOR 6,752 S.F. 2nd FLOOR 44.000 S.F. TOTAL SEE NOTE 6) PARKING ......................169 SPACES REO D (SEE NOTE 5) 177- SPACES PROVIDED OPERATING HOURS........A00 AM TO 9.•00 PY IMPERVIOUS SURFACE...15 ACRES (56%) NOTES: 1. MAXIMUM BUILDING COVERAGE PERMITTED IS C TOTAL SITE CONTAINS 6.28 ACRES AND 44,000. S.F. OF BUILDING ARL'A sOR A TOTAL COVERAGE OF I6X. DENSITY WILL BE WELL BE" THE 94 UNITS REQUIRED FOR THIS SITE. 2. SIGNAGE: (A) SEE ATTACHED SKETCHES fW TYPE A' AMD TYPE 'R, SIGNS BUILDING SIGNAGE: NO SIGNAGE IS PERMITTED ON THE 4 LANE SIDE OF THE BUILDINGS 1, 2 AND J. EXCEPT FOR J SQUARE FEET ALLOWED PER TENANT FOR IDENTIFICATION PURPOSES. BUILDINGS J AND 4 MAY HAVE NON-1ILUMINATED RAISED LETTERS FACING ROCK CREEK PARKWAY. THE SIZE OF THESE SIGNS SHALL BE HALF OF THE BUILDING WIDTH UP TO A MAXIMUM OF SO SQUARE FEE►, SIGNAGE FOR ALL OTHER BUILDINGS SHALL CONFORM TO CITY OF FAIRHOPE SWN ORDINANCE. OTHER SIONAGE:___. ONE TYPE A' SIGN SHALT. BE PERMITTED ON THE PROPERTY AT THE NORTHERN INGRESS —EGRESS TO THE 4—LANE. ONE TYPE A' SIGN SMALL BE PERMITTED ON THE PROPERTY AT THE INGRESS -EGRESS FROM ROCK CREEK PARKWAY. ONE TENANT PANEL SMALL BE ALLOWED IT THE INTERIOR OF THE DEVELOPMENT. 3. LIGHTING — BUIMHGS WILL BE EJW94LLY LIT WITH LANDSCAPE LIGHTING AND FDRURES ATTACHED TO BUILDINGS ALL PARKING LOT LIGHTS SHALL BE A MAXIMUM OF 20 FEET TALL FROM THE GROUND TO THE TOP OF THE FIXTURE LIGHTING SHALL BE RECESSED IN A BOX AND SMALL HAVE 72.5 ANGLE SHARP CUT —CIF DESIGN OR GREATER. 4. MAXIMUM BUILDING WEIGHT = 35 (LOTS 4 THRU 7) 30' (LOTS I TNBU 3) 5. PARKING REQUIREMENTS ARE BASED ON FAIRHIOPE ZONING REGULATIONS ON A BUILDING BY BUILDING BASIS FOR OFFICE / RETAIL USE— ACTUAL BUILDING SLZES MAY REQUIRE ADJUSTMENTS TO PARKING COUNTS W ANY EVENT, FAIRHOPE ZONING REGULATIONS SHALL BE FOLLOWED IN CALCULATING PARKING REQUIREMENTS. 6. TOTAL SQUARE FOOTAGE PERMITTED IS µ,000 SQUARE FEET, NOT COUNTING PORCHES, MEASURED BY THE BUILDINGS FOOTPRINT. THE NUMBER OF LOIS AND OR BUILDINGS R NOT SIGNIFICANT.' 7. INTERIOR BUILDINGS SHALL SUBMIT A LANDSCAPE PLAN AT THE TIME OF BUILDING PERMITS ALL MECHANICAL EQUPIMENT SMALL BE SCREENED. �t 7)•IS pfd(Y ance I I I 1p SITE PLAN FOR D.ED. LOT 177C O.E.D. Dr J.N.E. OF J.GA ROCK CREEK, A PLANNED UNIT DEVELOPMENT, PHASE ONE sunciuR C.MA ENGINEERING DEV WAlEN•P SERVICam. ► � Engineering Planning Surveying Cone4uclfon Management 990660 ......... .... .... _. _ one No. i 40 SESBPCK ,� 1 SITE DATA CURRENT ZONING - PUD COMMERCUL PROPOSED USAGE - AS PER CURRENT ZONING / TOTAL ACREAGE ..........6.28 AC. 1 BUILDING AREA ...........37,248 S.F. isi FLOOR `. 0 6,752 S.F. 2nd FLOOR g 44,000 S.F. TOTAL SEE NOTE 6) s i PARKING ......................169 SPACES REO'D (SEE NOTE 5) w 11,18 ACRES 10 0 (BELOW FLOODLINE) 177 SPACES PROVIDED OPERATING HOURS iN W ......... 6:00 AM TO 9.00 PM Z1� o1. j 1 , x IW p IMPERVIOUS SURFACE ... 3.5 ACRES (56X) o o,. K �O a ,,,I ; Oj Z Ira "4 a. z > io NOTES: 1 1 I. MAXIMUM BUILDING COVERAGE PERMITTED IS 35X. TOTAL SITE CONTAINS 6.28 ACRES AND 44.000 S.F. OF BUILDING AREA FOR A TOTAL COYERAQE I1 ! OF 16X. DENSITY WILL BE WELL BELOW THE 94 UNITS REQUIRED FOR 1 I I THIS SITE. 2. SIGNAGE: (A) SEE ATTACHED SKETCHES FOR TYPE 'B" A' AND TYPE SIGNS BUILDING t 2_0'_sEre ck - II SIGNAGE: NO SIGNAGE IS PERMITTED ON THE 4 LANE SIDE OF THE BUILDINGS 1. 2 AND 3. EXCEPT FOR 3 SQUARE FEET ALLOWED PER TENANT FOR IDENTIFICAITON PURPOSES. _ _ _ - - BUILDINGS 3 AND 4 MAY HAVE NON -ILLUMINATED RAISED LETTERS 1 --- FACING ROCK CREEK PARKWAY. THE SIZE OF THESE SIGNS SHALL BE HALF OF THE BUILDING WIDTH UP TO A MAXIMUM OF 50 SQUARE FEET. SIGNAGE FOR - - -'c 't - a ALL OTHER BUILDINGS SHALL CONFORM TO CITY OF FAIRHOPE SIGN ORDINANCE OTHER SIGNAGE:_ ._ ONE TYPE A" SIGN SHALL BE PERMITTED ON THE PROPERTY AT THE E%IST DRAINAGE NORTHERN INGRESS -EGRESS TO THE 4-LANE. ONE TYPE A' SIGN SHALL BE PERMITTED ON THE PROPERTY AT THE INGRESS -EGRESS FROM ROCK CREEK `°nET BRIDGE PARKWAY. ONE TENANT PANEL SHALL BE ALLOWED IN THE INTERIOR OF THE DEVELOPMENT. 3. LIGHTING - BUILDINGS WILL BE EXTERNALLY LIT WITH LANDSCAPE LIGHTING AND FIXTURES ATTACHED TO BUILDINGS. ALL PARKING LOT LIGHTS SHALL BE A MAXIMUM OF 20 FEET TALL FROM THE GROUND TO THE TOP OF THE FIXTURE LIGHTING SHALL BE RECESSED IN A BOX AND SHALL HAVE 72.5 ANGLE SHARP CUT-OFF DESIGN OR GREATER. 4. MAXIMUM BUILDING HEIGHT = 35' (LOTS 4 THRU 7) 30' (LOTS 1 THRU 3) 5. PARKING REQUIREMENTS ARE BASED ON FAIRHOPE ZONING REGULATIONS ON A BUILDING BY BUILDING BASIS FOR OFFICE / RETAIL USE. ACTUAL BUILDING SIZES MAY REQUIRE ADJUSTMENTS TO PARKING COUNTS. IN ANY EVENT, FAIRHOPE ZONING REGULATIONS SHALL BE FOLLOWED IN CALCULATING PARKING REQUIREMENTS. 6. TOTAL SQUARE FDOTAGE PERMITTED IS 44,000 SQUARE FEET, NOT COUNTING PORCHES, MEASURED BY THE BUILDINGS FOOTPRINT. THE NUMBER OF LOTS AND OR BUILDINGS IS NOT SIGNIFICANT. 7. INTERIOR BUILDINGS SHALL SUBMIT A LANDSCAPE PLAN AT THE TIME OF BUILDING PERMITS. ALL MECHANICAL EQUPIMEHT SHALL BE SCREENED. t ycknarlof I I I L'0 SITE PLAN FOR II LOT 177C ` OF ROCK CREEK, A PLANNED UNIT DEVELOPMENT, PHASE ONE i D.E.D. - D.E.D. EHG J.N.E. °"°'' YGR J.GA wRVEraR C.MA E NGMERING D EVEOPME w SERVI — � j.j..C. scA E Engineering • Planning • Surveying • Construction Management 23210 U.S. Highway 96 • Suite B-1 • Fairhope, Alabama 36532 P.O.Box 1151 • Fairhope, Alabama 36533 (334) 990-3373 • fax (334) 990-3134 �. No. 990660 owc NO. SHEET Ad SESBPGK;/ t 1"j 8 ACRES 3ELQW FLOODLINE) l4 SITE DATA CURRENT ZONING — PUD COMMERCIAL PROPOSED USAGE — AS PER CURRENT ZONING 1 TOTAL ACREAGE ..........6.28 AC. BUILDING AREA ...........37,248 S.F. 1st FLOOR 6,752 S.F. 2nd FLOOR 0 0 44,000 S.F. TOTAL SEE NOTE 6) PARKING ......................169 SPACES REO'D (SEE NOTE 5) 177 SPACES PROVIDED OPERATING HOURS ......... 6.00 AM TO 9.00 PM IMPERVIOUS SURFACE ... 3.5 ACRES (56X) NOTES: 1. MAXIMUM BUILDING COVERAGE PERMITTED IS 35X. TOTAL SITE CONTAINS 6.28 ACRES AND 44,000 S.F. OF BUILDING AREA FOR A TOTAL COVERAGE OF 16X. DENSITY WILL BE WELL BELOW THE 94 UNITS REQUIRED FOR THIS SITE. 2. SIGNAGE: (A) SEE ATTACHED SKETCHES FOR TYPE A- AND TYPE B' SIGNS BUILDING SIGNAGE: NO SIGNAGE IS PERMITTED ON THE 4 LANE SIDE OF THE BUILDINGS 1, 2 AND 3, EXCEPT FOR 3 SQUARE FEET ALLOWED PER TENANT FOR IDENTIFICATION PURPOSES. BUILDINGS 3 AND 4 MAY HAVE NON -ILLUMINATED RAISED LETTERS FACING ROCK CREEK PARKWAY. THE SIZE OF THESE SIGNS SHALL BE HALF OF THE BUILDING WIDTH UP TO A MAXIMUM OF 50 SQUARE FEET. SIGNAGE FOR ALL OTHER BUILDINGS SHALL CONFORM TO CITY OF FAIRHOPE SIGN ORDINANCE. OTHER SIGNAGE:- _-_--_-- ONE TYPE A` SIGN SHALL BE PERMITTED ON THE PROPERTY AT THE NORTHERN INGRESS -EGRESS TO THE 4-LANE. ONE TYPE A' SIGN SHALL BE PERMITTED ON THE PROPERTY AT THE INGRESS -EGRESS FROM ROCK CREEK PARKWAY. ONE TENANT PANEL SHALL BE ALLOWED IN THE INTERIOR OF THE DEVELOPMENT. 3. LIGHTING - BUILDINGS WILL BE EXTERNALLY UT WITH LANDSCAPE LIGHTING AND FIXTURES ATTACHED TO BUILDINGS. ALL PARKING LOT LIGHTS SHALL BE A MAXIMUM OF 20 FEET TALL FROM THE GROUND TO THE TOP OF THE FIXTURE. LIGHTING SHALL BE RECESSED IN A BOX AND SHALL HAVE 72.5 ANGLE SHARP CUT-OFF DESIGN OR GREATER. 4. MAXIMUM BUILDING HEIGHT = 35' (LOTS 4 THRU 7) 30' (LOTS I THRU 3) 5. PARKING REQUIREMENTS ARE BASED ON FAIRHOPE ZONING REGULATIONS ON A BUILDING BY BUILDING BASIS FOR OFFICE / RETAIL USE. ACTUAL BUILDING SIZES MAY REQUIRE ADJUSTMENTS TO PARKING COUNTS. IN ANY EVENT, FAIRHOPE ZONING REGULATIONS SHALL BE FOLLOWED IN CALCULATING PARKING REQUIREMENTS. 6. TOTAL SQUARE FOOTAGE PERMITTED IS 44,000 SQUARE FEET, NOT COUNTING PORCHES, MEASURED BY THE BUILDINGS FOOTPRINT. THE NUMBER OF LOTS AND OR BUILDINGS IS NOT SIGNIFICANT. 7. INTERIOR BUILDINGS SHALL SUBMIT A LANDSCAPE PLAN AT THE TIME OF BUILDING PERMITS. ALL MECHANICAL EQUPIMENT SHALL BE SCREENED. 6c ()f (j I I I LP SITE PLAN FOR 1 LOT 177C OF ROCK CREEK, A PLANNED UNIT DEVELOPMENT, PHASE ONE °EM" D.E.D. MAWN D.E.D. LM J.N.E. PRW uca J.G.A. suavEroe C.MA E NGNumG D EVELOPMENT SERVICES, L.LC. srwi.e " -40- PRQI. NO. 990660 Engineering • Planning • Surveying • Construction Management 23210 U.S. Highway 98 • Suite B-1 • Fairhope, Alabama 36532 P.O.Box 1151 • Fairhope, Alabama 36533 (334) 990-3373 • Fax (334) 990-3134 owc SHEET t 1 AFFiCAV1 ►: This L-5 m candy that tze Arm- ed legal nadcladverdsarrlent appeared EM CI The Hatdw1r1 ruses. Hay Mtrm4zP. AL Q ►tee Huile&4 Oaphne. AL Q The Fairtxpe Cdtirier, Fairhepe. AL E2 The frsdependerm Ratzerts: ale. AL C1 The Crticcker. F-ztey, AL The Islarider• Cult Shcres. AL CI The crerm-Lillian Ledger, E'herca. AL aweekty mewspaper puttls.hed in 8aldwict Caurtty, AIaL'ama We=_'<arsd Editicrl (ndudes The Fairticce Courier, T-he prlcckar, The Is.arder, arid TI;e oulledrl) Puttficadcrl Gate Cast wardslrlches x rate �{—d-1 3Sorc. V7 4 TOTAL- S Legal Ad RepresePacive L LsarrSangster BILL TO: u f9 rcli rk1f7ip e. ATrN: P.O1Fie NumIzer FOR OFFICE USE ONLY Paid...................... Urtpaid............... ac=cc:r.: rva. (o�f�Allo Cuff C Newspapers P.O. Bax 509 Robertsdale, AL 3653c7 Phone (334) a47-T712 State of Alacarria Ccurty & Szj,t..im M' COMMISS,ZIN EVRES MAY 22, 2002 Swans tb= and sutscE.,ed twfare tree bras day at 23 0 � - r�//�_T Na(ary Puttic, Hald•Nirt Ccunty, AlaT+ atra Ordinance No.1116 — 1 ThAt,,-in Case NumWrr'ZC99- 1 I An Ordinance amending 15 Lot 177 C, located at the Ordinance No. 557,known as the northeast corner of U.S. 98 and Zoning Ordinance; to approve a Rock Creek Parkway, shell SIA" for the Commercial Uses develop In substantial conformity 'with the Permitted for the Commercial Iproperty as outlined in the ock Creek PItlDned_b1lL Development attached site plan attached as "Exhibit A." Any substantial deviation from the e ordinance nown as the attached site plan, as determined Zoning Ordinance (No. 5M by the Director of Planning and adopted 11 August 1975, is �Bullding will require re -approval by� i changed and altered as described the Planning Commission and the I below: City Council of the City of �Feirhope, Whereas, the City of Fairhope Alabama; has received a request for a the I 2, That, Maximum building heights measured from level t clarification of commercial grade uses permitted for the commercial to roof line shall not exceed 35 feet two the property as outlined In the aWk or stories on commercial' I Creek Pl_annned Unit Dev.r�em.nt; lots Indicated in "Exhibit B." and'-- 3. That, the City Council " Whereas, Each of the amendments are attached as commercial sites will require site "Exhibit C." plan approval before any building 4 Severability clause. N any permits will be Issued; and; part, section of subdivision of itsl Whereas, after appropriate I ordinance shall be held' t public notice and hearing, the unconstitutional or invalid for any r Planning and Zoning Commission reason, such holding shall not be I of the City of Fairhope, Alabama, construed to invalidate or impair I has forwarded a recommendation the remainder of this ordinance,' i to the City Council for amendment which shall continue in full force of Ordinance -No. 557 as set forth and effect not withstanding such herein; holding. d Now therefore be it ordained 5. Effective date: This the city council of the city of ordinance shall take effect upon Itsl �by F i ope, Alabama; due adoption and publication asl � required by law. Adopted this 9th day of April, ti 2001. Timothy M. Kent, Mayor Attest: Geniece W. Johnson, City Clerk _ C•A-21, FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT ,Text Change to Zoning Ordinance _ Request for G4aaj5e of Zoning District"-p (Applicant) Description and Map is attached The Commission has held a public hearing on this matter prior to this final report and wishes to report to the Fairhope City Council as follows: _ We (do) (do not) recommend the proposed zoning text changes as prise, expedient and necessary"for the benefit of the City 4v- We find that the proposed zoning district change (is) (is not) in conformity with the comp er hensive plan and in the best interests of the City as a whole, and (do) (do not) recommend that the City Council adopt an ordinance implementing the proposed changes as provided by law. Members Present Report.fcc Voting Aye Voting No Abstain Res ct ully submitted: C2iairman r The Planning & Zoning Commission of the City of Fairhope met Monday, August 2, 1999 at 5:00 PM'at the City Administration Building, 161 N. Section Street in the Auditorium Present: Chairman Larry Green; members James P. Nix, Bill Jones, Cecil Pitman William Richmond, Tim Kant, Dick Charles, Pauline Anders, Thad Ingram Christopher Baker, Director of Planning & Zoning, Betty Rivenbark, Secretary Mr. Green recognized Pauline Anders, our new member attending the meeting tonight. Cecil Pitman was also recognized for his 46 years of service on the Planning & Zoning Commission. He had expressed a desire to retire and is the only charter member still serving. Mayor Nix read two proclamations and presented him with a token of our appreciation. The minutes were considered and approved as written, with one minor correction, on motion by Dick Charles, seconded by Bill Jones, and unanimously carried. ZC 99-15 Public Hearing - Rock Creek PUD/Trae Corte Clarification of the commercial aspects of the original Rock Creek PUD and site plan approval, located on the northeast corner of Rock Creek Drive and US 98. Mr. Baker read his comments wherein he said it was Mr. Corte's desire to clarify the - commercial uses that will be permitted on all the commercial property in Rock Creek. That the Planning Department has no issue with these uses and he is seeking to develop one of the commercial properties at this time and has submitted a site plan approval. In Mr. Corte's proposal no new streets are proposed, that he is proposing a curb cut at the north of the property on U.S. 98 and is approximately 4500 ft. from the existing curb cut for Rock Creek Parkway. That the developer has made application with the State Highway Department for approval of the cut. He stated the Planning Department has no issue with the proposed cut. That they have met the setback requirements for the north, east and west property lines. They meet the zoning ordinance setback for the south from the original Rock Creek PUD.. The building coverage to be 35% with an approved height of 35 feet in accordance with original PUD. That signage and landscaping will conform to city requirements at the time of building permit application. That they are requesting a waiver on proposed signage on the ROW for US 98 near the proposed curb cut. He said that the request is not in conformance with the Comprehensive Plan, however, the approved PUD for Rock Creek does allow commercial development and would be in conformance with the original Rock Creek PUD. Staff recommendation was to approve the requested commercial uses with all future commercial construction being submitted individually for site plan approval and if curb cut is denied that the site plan may be modified without them having to come back for approval. Mr. Green asked for clarification in that some of the -permitted uses, i.e., pet shop and dry cleaning, that they did not intend to have kennels and actual cleaning plant in this space. Trae said he had taken uses out of i Planning & Zon 8/2/99 Page two book, that at this time he had no one interested, but no, they did not intend to allow either use he questioned. He was questioned about the sign they wanted to provide and he said it would be like one going into Rock Creek, monument style level to ground. Mr. Green called for any comments from the audience or commission. Tim Kant said he was sure they would not be allowed anything on the ROW, he asked about the curb cut and was he working with the adjacent property owner? What about setbacks and buffer. Trae said he had written a letter to Craig Dyas adjacent property owner, and that he had no plans to do anything now, that it will be cleared to the north property line and they will landscape the north side of the entrance road. ..-Dick. Charles moved to recommend approval of use to City Council and approve the site plan with the exception, no dry cleaning and the curb cut be used for both properties, .the one to the north and this development. = Cecil Pitman seconded and motion carried unanimously. SD99-28 - Final Plat Approval of Belle Chase Unit 3 - 34 lots. Joel Coleman of Rester & Coleman Engineers, Inc. was present seeking final approval. Mr. Baker had commented that this conforms to all requirements of the comprehensive plan and he recommended approval. Mr. Green called for comments and Mr. Coleman was asked if this was the last phase and he said no, one more. Tim Kant moved to give final approval, Thad Ingram seconded and motion carried unanimously. SD99-29 Mike's Acres Preliminary and Final Approval - Peter Garsed was - requesting approval of this subdivision, one lot' into two, located on the west side of Hwy 27 south of Vance Lane. Christopher had commented this is in conformance with the Comprehensive Plan, it is located in our extraterritorial jurisdiction and requires county approval. That no drainage plans had been provided and they say no drainage problems exist. He recommended approval subject to note on plat saying no drainage study was performed and no drainage information was provided with the subdivision and that any and all future drainage issues are the responsibility of the purchaser and owner. Pete Garsed said that he does not know of any future development planned they just wish to sell half of their property. Dick Charles moved to give preliminaryand final approval in accordance with staff recommendation. Pauline Anders seconded and motion carried unanimously. SD99-30 Waggoner Acres, Preliminary and Final Approval - Larry Hipsh was representing the owner, Mr. Waggoner, the land being 10 acres located south of Cty Rd 3 and west of Cty Rd 11. Mr. Baker said this is located outside the city limits and that it will have to be reviewed by the county. That a survey determined that a 30 ft drainage easement was needed. That this was provided as a drainage plan but not shown on the plat, that he recommends approval subject to this 30' easement being placed on the plat. Dick Charles moved to give approval contingent upon the 30' drainage easement being placed on the plat. William Richmond 2"d and motion carried unanimously. SD99-31 Preliminary Plat Appr'ov`al of Pioneer Trace -12 lots. Land of Brian Wenzel -- & Lynn Glavian. In his comments Christopher said this is located outside the limits of CITY OF FAIRHOPE CITY COUNCIL AGENDA MONDAY, 13 September 1999 - 5:30 P.M. - CITY COUNCIL CHAMBER 1. Approve Minutes of 16 August 1999, Regular Meeting. 2. Public Hearing - Amend Zoning Ordinance 557 Ordinance to Re -zone Pauline Moyd property, from RA -Residential Agriculture to a Residential Planned Unit Development (PUD) on approximately 40 acres, located south of Bay Meadows and West of County Road 27. 3. Public Hearing - Amend Zoning Ordinance 557 'Ordinance to consider the request of Trae Corte for a clarification of the Commercial Aspects of the Original Rock Creek PUD and for Site Plan Approval, located on the Northeast Corner of Rock Creek Drive and us Hwy 98. 4. Resolution - Authorize to Mayor to enter into an agreement with the State of Alabama Department of Transportation and Moore Engineering for the relocating of Gas Mains along US Hwy 90 between I-10, and US Hwy 31, Project Number STPOA 465(8). 5. Resolution - Accept Performance Bond on Rock Creek Phase V. 6. Resolution - Accept Maintenance Bond on Rock Creek Phase V. 7. Resolution - Accept Maintenance Bond on Idlewild Phase IV. Approve - Site Sampling Plan for Water Department 9. Public Hearing - Application for package Store License by Edward J. Kulik, dba Marriott Grand Hotel, 17855 Scenic Hwy 98. (Currently has a Package Store License) 10. Application for Restaurant Liquor License by Edward J. Kulik, dba Marriott Grand Hotel (Pool & Cabana Club), 17855 Scenic Hwy 98. (Currently has a Restaurant Liquor License) 11. Application for Special Retail License by Edward J. Kulik, dba Lakewood Club (Golf Course), 17855 Scenic Hwy 98. (Currently has a Special Retail License) 13 September 1999 2345 A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance. The Planning & Zoning Commission recommends approval this ordinance. This ordinance would offer clarification of the commercial aspects of the Original Rock Creek PUD and approve a site plan located on the Northeast corner of Rock Creek Drive and US Hwy 98. Christopher explain the original PUD of Rock Creek includes some property reserved for commercial uses. However, the uses permitted for these commercial properties is vague and can be confusing. In order to prevent any mis-communication between the developer, prospective tenants, and the City, Mr. Corte is seeing to clarify the commercial uses that will be permitted on the commercial property. These proposed uses apply to all of the commercial property in Rock Creek. The Planning Department has no issue with the uses proposed by the applicant. Mr. Corte is seeking to develop one of the commercial properties at this time. Therefore, a site plan has been submitted for approval. As each commercial property develops, a site plan will be submitted for approval by the City. After a lengthy discussion, Councilmember Quinn moved to table the proposed ordinance. Seconded by Councilmember Jones. Motion to table the proposed ordinance passed by the following votes: AYE -Duck, Ford, Quinn, Nix, and Jones. NAY -None. Councilmember Duck moved to address agenda item # 19 next. Seconded by Councilmember Ford, motion passed unanimously. Mr. William Baldwin addressed the Council requesting permission to install a bronze sculpture to commemorate Marietta Johnson in a grove of trees near the south steps to Fairhope pier. This siting offers maximum visibility from Mobile Street, but, will not obstruct the view of Mobile Bay. The bronze sculpture will be approximately 4'6" tall. The Museum Board is responsible for raising the funds for this project, as well as for maintenance of the Sculpture. Councilmember Jones to grant the request. Seconded by Councilmember Duck, motion passed unanimously. CITY OF FAIRHOPE o� CITY COUNCIL COVER SHEET September 13, 1999 ZC 99-15 Public Hearing to Consider the Request of Mr. Trae Corte for a Clarification of the Commercial Aspects of the Original Rock Creek PUD and for Site Plan Approval (Generally Located on the Northeast Corner of Rock Creek Dr. and US 98) The original PUD for Rock Creek includes some property reserved for commercial uses. However, the uses permitted for these commercial properties is vague and can be confusing. In order to prevent any miscommunication between the developer, prospective tenants, and the City, Mr. Corte is seeking to clarify the commercial uses that will be permitted on the commercial property. These proposed uses apply to all of the commercial property in Rock Creek. The Planning Department has no issue with the uses proposed by the applicant. Please refer to the attached sheet for the proposed commercial uses. Mr. Corte is seeking to develop one of the commercial properties at this time. Therefore, a site plan has been submitted for approval. As each commercial property develops, a site plan will be submitted for approval by the City. The following issues are associated with the site plan: 1) Streets: No new streets are proposed to be constructed with this development. The developer has been advised that if/ when the property is subdivided that common access easements will be required. 2) Curb Cuts: The developer is proposing to access US 98 at the north property line. The State DOT has approved this cut. The Planning Dept. has no issue with the proposal. 3) Setbacks: The Ordinance requires that setbacks be provided on the site plan. The developer has provided the required 40' setback on the north and west property lines. The east property line setback is the flood plain line. The Ordinance requires a 40 foot setback around the entire property. The developer has indicated that the setback of 20 feet for the frontage on Rock Creek Parkway was approved with the original Rock Creek Subdivision Plat. 4) Maximum Building Coverage: The developer has indicated that there will be a maximum of 35% building coverage for the site. This percentage meets the requirements of the Ordinance. 5) Building Height: The developer has also indicated that building heights of 35 feet were approved with the original Rock Creek PUD, therefore, all building will conform to this requirement. 6) Signage and Landscape: The developer has indicated on the site plan that all signage and landscaping will conform to City requirements at the time of building permit application. 7) Sign: The developer is proposing signage on what appears to be ROW for US 98 near the proposed curb cut. This is off -site signage which is prohibited by the sign regulations. The developer is requesting a waiver of this requirement. 8) Comprehensive Plan: This request is not in conformance with the Comprehensive Plan. The Plan indicates this area to develop as residential. However, the approved PUD for Rock Creek does allow commercial development. Therefore, the request is in conformance with the original Rock Creek PUD. All other issues have been agreed to. Public notice has been given in accordance with law. To date no comments have been received. STAFF RECOMMENDATION: To approve the attached list of commercial uses for all commercial property in the Rock Creek PUD. To approve the site plan but deny the sign request on the ROW. Respectfully Submitted for Consideration, Christopher D. Baker Director of Planning and Building CITY CO IL AGENDA • 16 MA 2000 PAGE -2- 1 0. REQUEST - WILLIE WILLIAMS - REQUESTING THE PASSING OF A RESOLUTION TO ALLOW THE RESIDENTS OF SOUTH FAIRHOPE TO VOTE ON BEING ANNEXED INTO THE CITY LIMITS OF FAIRHOPE. I I REQUEST - PAPA'S PIZZA SEEKING APPROVAL TO INSTALL AN AWNING TO THE BACKLIT ENTRANCE WAY, LOCATED AT 300 VILLAGE SQUARE. 1 2. CHANGE ORDER REQUEST - # ONE, BY CONSTRUCTION LABOR SERVICES, INC., INCREASE CONTRACT BY $6,440.00, AND ADDING 30 DAYS TO THE BISHOP ROAD LIFT STATION PROJECT. 1 3. BIDS - ELECTRIC DEPARTMENT - PVC CONDUIT 1 4. BIDS - PUBLIC WORKS - SOLID WASTE BODY cJvIDS - COUNTRY WOODS SUBDIVISION SEWER SYSTEM 1 6. BIDS - PIER STREET BOAT RAMP 1 7. CHANGE ORDER REQUEST - # ONE, BY CARTER'S CONTRACTING SERVICES INC., DECREASE CONTRACT BY $74, 1 40.00, ON THE PIER STREET BOAT RAMP. 1 8. OLD BUSINESS - MOTION TO UN -TABLE TRAE CORTE REQUEST TO CLARIFY THE COMMERCIAL ASPECTS OF THE ORIGINAL ROCK CREEK PUD AND THE SITE PLAN APPROVAL, LOCATED ON THE NORTHEAST CORNER OF ROCK CREEK DRIVE AND US HWY 98. (BEFORE THE COUNCIL SEPTEMBER 1 3, 1 999) ONCE UN -TABLED AUTHORIZE CITY CLERK TO ADVERTISE FOR A PUBLIC HEARING TO HEAR AMENDMENTS TO MR. CORTE'S REQUEST. 1 9. APPROVE BILLS PAYABLE ADDITIONAL: • CONSIDER LEASING OR BUYING TWO POLICE MOTORCYCLES TO TAKE CARE OF THE SCHOOLS TRAFFIC IN THE MORNING. • COUNCILMEMBER QUINN ANNOUNCED THAT THE TURNING LANES ON Hwy 104 ARE INSTALLED ENJOY THE ANNUAL ARTS AND CRAFTS FESTIVAL - MARCH 1 7, 1 8, & 19 NEXT REGULAR MEETING MONDAY, 27TH MARCH SAME TIME AND PLACE 16 March 2000 2442 Councilmember Duck moved to approve the request for Change Order #One, by Carter's Contracting Services Inc., Construction Labor Services Inc., decrease contract by $74,140.00. This project is funded by a grant. The deducted items will be handled by the City as in -kind services. The bidders were notified of the deductions before the opening of the bids. Seconded by Councilmember Jones, motion passed unanimously. Councilmember Duck moved to Un-table Trae Corte request, send the request back to the Planning and Zoning Board and then authorized City Clerk to advertise for a Public Hearing to hear amendments to Mr. Corte's request, before coming back before the City Council. Mr. Corte's request is to Clarify the Commercial Aspects of the Original Rock Creek PUD and the Site Plan Approval, located on the Northeast corner of Rock Creek Drive and US Hwy 98. (Before the Council September 13, 1999). Seconded by Councilmember, Jones, motion passed unanimously. Councilmember Quinn moved to pay bills as presented. Seconded by Councilmember Jones, motion passed unanimously. Hop Allen asked that the City Council consider leasing or purchasing two police motorcycles to take care of the traffic in the morning, and afternoon. Councilmember Quinn announced that the turning lanes on Hwy104 are installed. There being no further business to come before the Council the meeting was duly adjourned at 6:30 p.m. Michael A. Ford, Mayor Pro -temp Geniece W. Johnson, City Clerk The Planning & Zoning Commission of the City of Fairhope met Monday, May 1, 2000 of S:OOPM at the City Administration Building, 161 N. Section Street Present: Larry Green, Chairman; members Bill Jones, Pauline Anders, Bob Gentle, Dick Charles, Lee Turner, Tim Kant; Christopher Baker, Director of Planning & Zoning, Betty Rivenbark, Secretary The minutes of the April 3, 2000 meeting were duly considered and approved as written on motion by Bill Jones, 2"d by Dick Charles and unanimously carried. ZC99-15 Public hearing - request of Trae Corte for clarification of commercial aspects of the original Rock Creek PUD and site plan approval. Christopher in his comments said the original PUD for Rock Creek includes some property reserved for commercial uses and because of the vagueness Mr. Corte is seeking to clarify the commercial uses that would be permitted on the commercial property. He stated this came before us in August, got approval but when went to council they tabled it, then when came up again sent it back to P & Z. Trae Corte spoke relating that when he talked to council they required 25 ft. greenbelt, no signage on 4-lane, or ingress/egress on Hwy 98, he wasn't clear whether they said 5,000 sq ft. or 7,000 for retail business, no business frontage along 4-lane, no 2 story structures visible from 4 lane and no signs attached to the buildings. He presented a sketch plan showing the layout they would like to use; five brick buildings. He said the only retail they would have would be in the center building, all other buildings would house doctors, lawyers, accountants. Mr. Green called for any questions from the audience. Mr. Corte was asked if there were any 2-story and he answered yes to the east but because of fall of land they will be at rear and look like one story. He was asked if stubbed out on the north property line and he said no. Bill Jones said his recollection of council direction was that there was no signage on the 4 lane and that all buildings face towards Rock Creek - that he sees two signs on the drawing proposal. Trae said yes, he is asking for two small signs. There were concerns voiced about the backup at the entrance of Rock Creek and the possibility of opening South Drive and Montrose Woods entrances when necessary. Bob Gentle asked if he had a timetable. Trae said he thinks he has a tenant for one building and will probably build the second building as a spec building. Further discussion led to a motion by Dick Charles to approve subject to the resolution of whether 5,000 or 7,000 square feet was approved and resolution of the sign issue and forward this recommendation to the city council. Pauline Anders 2"d and motion carried unanimously. ZC00-03 Public hearing to amend the Zoning Ordinance to disallow further application of the R3PGH District and to delete the existing Planned Unit Development provisions and establish a new more simplified PUD process. Christopher said that he had been directed to prepare amendments to the zoning ordinance that would accomplish two objectives: 1. Disallow further applications for the R3PGH district and 2. Simplify, clarify and rework our existing PUD ordinance so that it is easier to use, understand and apply. He said in doing so that there were two separate ordinances created. The CITY OF FAIRHOPE CITY COUNCIL AGENDA Monday, 05 June 2000 - 5:30 P.M. - CITY COUNCIL CHAMBER 1. Approve Minutes of 15 May 2000, Regular Meeting. 2. Public Hearing - Amend Zoning Ordinance 557 Ordinance to consider the request of Trae Corte for a clarification of the Commercial Aspects of the Original Rock Creek PUD and for Site Plan Approval, located on the Northeast Corner of Rock Creek Drive and US Hwy 98. Public Hearing - Amend Zoning Ordinance 557 Ordinance to allow further application of the R3PGH District and to delete the existing Planned Unit Development Provision and Establish a new more simplified PUD Process. 4. Resolution - Authorizing Mayor Nix to accept a Sanitary Sewer Easement from Unified Credit Trust (Owners: Marie G. Percy, Paul Frederick Percy, Michael G. Percy and Robert Edward Percy). This easement is for the Country Woods Sewer Project. 5. Application for a Beer/Wine Off -Premises License by William C. Gravat III, dba Chuck's GLD Inc., located at 9990 Fairhope Avenue (Currently has a BeerMine Off - Premises) 6. Request - Richard Pruitt - Requesting permission to enter a food trailer, train ride and miniature fire truck in the 4th of July festivities at Fairhope Pier. 7. Request - Eastern Shore Chamber of Commerce - Requesting permission to hold their 49th Annual Art & Crafts Festival, scheduled for March 16, 17, & 18 2001. Request - Susans Sensations - Consider assisting 27 young people that will be representing the Eastern Shore, Alabama, and America as good will ambassadors at the 2000 Olympics in Australia. 9. Bids - Recreation Department - Fuel Bid 10. Bids - Golf Department - Golf Carts 11. Bids - Gas Department - #12 Tracking Wire 12. Bids - Water/Sewer Department - Sodium Hydroxide 50% 13. Approve Bills Payable ADDED: Tim Kant reported on Founder's Park Next Regular Meeting Monday. 26th June Same Time and Place STATE OF ALABAMA X COUNTY OF BALDWIN X The City Council, City of Fairhope, met in regular session at 5:30 p.m.; Fairhope Municipal Complex Council Chamber; 161 North Section Street, Fairhope, Alabama 36532; on Monday, 5 June 2000. Present were Mayor James P. Nix; Councilmembers: John V. Duck, Michael A. Ford, Debbie W Quinn, Jeanette Puckett, and William H. Jones; City Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson. No one was absent. There being a quorum present, Mayor Nix called the meeting to order. Councilmember Duck moved to approve minutes of the 15 May 2000, regular meeting. Seconded by Councilmember Quinn, motion passed unanimously. A Public Hearing advertised on a proposed ordinance to amend the Zoning Ordinance 557 will be continued on Monday, 26 June 2000 at the quest of Trae Corte and Jim Tanner. The proposed ordinance considers the request of Trae Corte for a clarification of the Commercial Aspects of the Original Rock Creek PUD, and for Site Plan Approval, located on the Northeast corner of Rock Creek Drive and US Hwy 98. - A Public Hearing advertised on a proposed ordinance to amend the Zoning Ordinance 557 will be continued on Monday, 26 June 2000 at the request of Director of Planning and Building Christopher Baker. A proposed ordinance to allow further application of the R3PGH District and to delete the existing Planned Unit Development Provision and establish a new more simplified PUD Process. Councilmember Duck introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Puckett, motion passed unanimously. t CITY OF FAIRHOPE CITY COUNCIL AGENDA Monday, 26 June 2000 - 5:30 P.M. - CITY COUNCIL CHAMBER Approve Minutes of 05 June 2000, Regular Meeting. 2. Presentation - Fairhope Single Tax Corporation 3. ontinue - Public Hearing - Amend Zoning Ordinance 557 Ordinance to consider the request of Trae Corte for a clarification of the Commercial Aspects of the Original Rock Creek PUD and for Site Plan Approval, located on the Northeast Corner of Rock Creek Drive and US Hwy 98. 4. Continue - Public Hearing - Amend Zoning Ordinance 557 Ordinance to dis-allow further application of the R3PGH District and to delete the existing Planned Unit Development Provision and Establish a new more simplified PUD Process. 5. Resolution - Designating Fairhope Civic Center as the location for On -Site Absentee Voting on Saturday, 10 August 2000, and Saturday, 2 September 2000 for Run -Off On -Site Absentee Voting if necessary, from 8:00 a.m. to 5:00 p.m. 6. Resolution - Adopting the 1999 Electrical Code 7. Site Plan Review - Gordon Kolb - requesting a Walgreens at the corner of Fairhope Avenue and Greeno Road. 8. Site Plan Review - Buddy Richmond - requesting a Multi -Occupancy Building at 59 South Church Street. 9. Approval of Directional Sign request by The Victorian Inn and Conference Center. 10. Request - American Heart Association - requesting permission to hold their 7,' Annual American Heart Walk on Saturday, October 21, 2000. The 3-mile walk will begin at 8:00 a.m. at the Fairhope Pier. 11. Request - Ego - requesting to present a design for a bicycle rack for downtown Fairhope. 12. Request - Faith Temple Church of God In Christ - requesting the Council to waive the rental fee for the Civic Center Auditorium to hold a Talent Extravaganza for Youth, on Saturday, July 29, 2000. There will be no fee for the participants and no admission for the public. The purpose of this extravaganza is to lead our youth in discovering their individual talents and gifts and empower then to use such gifts as a deterrent to failure. STATE OF ALABAMA X COUNTY OF BALDWIN X The City Council, City of Fairhope, met in regular session at 5:30 p.m.; Fairhope Municipal Complex Council Chamber; 161 North Section Street, Fairhope, Alabama 36532; on Monday, 26 June 2000. Present were Mayor James P. Nix; Councilmembers: John V. Duck, Michael A. Ford, Debbie W. Quinn, and William H. Jones; City Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson. Councilmember Jeanette Puckett was absent. There being a quorum present, Mayor Nix called the meeting to order. Councilmember Jones moved to approve minutes of the 05 June 2000, regular meeting. Seconded by Councilmember Duck, motion passed unanimously. Charles Ham Secretary of Fairhope Single Tax Corporation presented Mayor Nix the deed to 42.17 more or less acres, located at the corner of County Road 44 and County road 13. This property shall be used for a Nature Park for the residents of the community, and shall be known as "COLONY NATURE PARK". A Public Hearing was continued on a proposed ordinance to amend the oning Ordinance 557. This ordinance considers the request of Trae Corte for a clarification of the commercial aspects of the Original Rock Creek PUD and for Site Plan approval, located on the Northeast Corner of Rock Creek Drive and U.S. Hwy 98. Christopher Baker Director of Planning and Building submitted the following for consideration: The original PUD of Rock Creek includes some property reserved for commercial uses. However the uses permitted for these commercial properties are vague and can be confusing. In order to prevent any mis-communication between the developer, prospective tenants, and the City, Mr. Corte is seeking to clarify the commercial uses that will be permitted on the commercial property. These proposed uses apply to all of the commercial property in Rock Creek. A site plan has been submitted for approval. As each commercial property develops, a site plan will be submitted for approval by the City. The case was considered by the Planning Commission in August and recommended approval.. The Council subsequently table the request. The developers then provided revised material. The Council then dent the request back to the Planning Commission for reevaluation. 26 June 2000 The following issuers are associated with the site plan: 1. Streets: No new streets are proposed to be constructed with this development. 2. Curb Cuts: No curb cuts to US Hwy 98 are proposed. The access to the development is from Rock Creek Parkway. 3. Setbacks: The Ordinance required that setbacks be provided on the site plan. The ordinance requires a 40 foot setback around the entire property. No setback dimension information is provided. 4. Maximum Building Coverage: No building coverage information has been provided. 5. Building Height: 35' building height is proposed. 6. Comprehensive Plan: This request is not in conformance with the Comprehensive Plan. The Plan indicates this area to develop as residential. However, the approved PUD for Rock Creek does allow commercial development. Therefore, the request is in conformance with the original Rock Creek PUD. 7. Pedestrian Access: Pedestrian access will be from Rock Creek. It is suggested that a pedestrian link be provided to the property to the north. 8. Tenant Space: Retail space for all buildings is proposed at 7,000 sq. ft. There is no limit on office or service uses. Staff Recommendation: To approve a list of commercial uses for all commercial property in the Rock Creek PUD. To request adequate landscaping, no additional signage on US Hwy 98, a maximum square footage of 5,000 per retail tenant, and pedestrian access to the property to the north. There were about 20 to 25 residents of Rock Creek Subdivision present. Mr. Howard Brown spokesperson for the Rock Creek residents ask that the Council not approve this ordinance. Mr. Brown expressed that using the one entrance Rock Creek Parkway for all residents and commercial development would cause an enormous traffic problem. Mr. Bob Foster also with the Rock Creek Properties Association asked the Council to consider the lack of safety when coming in and out of Rock Creek. Mr. Foster also strongly urged that the Council not approve this site plan until an access from U.S. Hwy 98 could be provided. Councilmember Ford stated that there has been some conversation about opening Beaver Dam Road through Mr. Niemeyer's Property, and asked if this option could be further explored. 26 June 2000 Councilmember Quinn asked Mr. Tanner if a traffic study could be done. Mr. Corte was not in agreement of a traffic study, but urged the Council to take action on this ordinance tonight. Councilmember Quinn reiterated to Mr. Tanner that a traffic study needed to be done. Mayor Nix recommends that this issue be tabled until an access is worked out for the safety of everybody, and until Rock Creek Developers do a traffic study. Councilmember Jones moved to table this issue until such time a traffic study could be conducted by the Rock Creek Developers, and involve everyone. Seconded by Councilmember Quinn, motion passed by the following votes: AYE -Duck, Ford, Quinn, Nix, Jones. NAY -none. (Ordinance was not introduced) A Public Hearing was continued on a proposed ordinance to amend the Zoning Ordinance 557. Councilmember Jones introduced in writing an ordinance that would dis-allow further application of the R3PGH District and to delete the existing Planned Unit Development provision and establish a new more simplified PUD process. Christopher Baker explained that there are two separate ordinances in conjunction with this case. The first does not delete the R3PHG district requirements from the Zoning Ordinance because we have R3PGH zoned property in town. The Ordinance does rp event the Planning Department from accepting any application for a zoning district change to this district, and adding a new district to the revised PUD. Councilmember Ford had reservation about the verbiage "Slight changes in the detail of the Planned Unit Development that do not change the intent, meaning, relationship of structures to each other may be approved by the director of Planning and Building". After further discussion, Councilmember Jones moved to suspend the rules. Seconded by Councilmember Quinn, motion passed by the following votes: AYE -Duck, Quinn, Nix, Jones. NAY -Ford. This ordinance will layover until next regular meeting. Councilmember Duck introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Ford, motion passed unanimously. CITY OF FAIRHOPE CITY COUNCIL AGENDA Monday, 13 November 2000 - 5:30 P.M. - CITY COUNCIL CHAMBER 1. Approve Minutes of 23 October 2000, regular session 2. Ordinance - Amending the Council Procedures 3. Ordinance - Changing the Poll Hours for all Municipal Elections 4. Resolution - Authorizing the submission of the Recreational Trail Program Grant application. 5. Resolution - Accepting the streets and utilities on Phase IV of River Mill SD 6. Resolution - Rules and Regulations for ruling on any objections that may be present against 1999-2000 Country Woods Assessment Project. 7. Resolution - Authorizing a one time expenditure of funds to support Public Transit Coalition. 8. Application for a Restaurant Liquor License, by Sandra R. Whitley, dba Sandra's Wash House Restaurant, located at 17111 Scenic Hwy 98, Point Clear, Alabama (Currently has a Restaurant Liquor License) 9. Application for a Restaurant Liquor License, by M. R. Loper, dba The Original Wash House, located at 19270 Scenic Hwy 98, Point Clear, Alabama (Currently has a Restaurant Liquor License -formerly Clayton's) 10. Request - Authorizing the Clarification of the PUD for Commercial Parcels at Rock U/ Creek SD to be removed from a tabled status and allow the proper publications of another Public Hearing. 11. Request - Baldwin Pops Band 12. Request - Children of the World - requesting permission to host their Annual Chines Parade, on Saturday, January 27, 2001, at 2:00 p.m. 13. Request - Mardi Gras MG Car Club - requesting permission to use the corner of Fairhope Avenue and Bancroft Street to display their British cars during the Annual Arts and Crafts Event 2001. 14. Update Police Reserve Roster by adding Benjamin G. Taylor. Council reviewed an application for a Restaurant Liquor License by Sandra R. Whitley, dba Sandra's Wash House Restaurant, located at 17111 Scenic Hwy 98, Point Clear, Alabama. Councilmember Ford moved to approve the issuance of the license. Seconded by Councilmember Anders, motion passed unanimously. Council reviewed an application for a Restaurant Liquor License by M. R. Loper, dba The Original Wash House, located at 19270 Scenic Hwy 98, Point Clear, Alabama. Councilmember Ford moved to approve the issuance of the license. Seconded by Councilmember Christenberry, motion passed unanimously. Councilmember Anders moved to un-table the request for clarification of �PUD for Commercial Parcel at Rock Creek Subdivision, and to allow for oper publications of another Public Hearing. The required traffic Study for this area is complete. Seconded by Councilmember Quinn, motion passed unanimously. The Baldwin Pops Band has decided to relocate the Band to a new home in the Fairhope Civic Center, at no cost to the City. The Baldwin Pops physical requirements needed in order for the Baldwin Pops to function as a concert at the Fairhope Civic Center: • One night a week should be reserved for rehearsal (probably Tuesday from 6:30 p.m. until 9:30 p.m.) • The members would have to have access to the back door of the auditorium, either through 3 sets of keys for the Band Director, the Bank Manager, and the Band President or have someone on call for rehearsals and concert preparation. • A storage area for stands, file cabinets, locker, podium, and miscellaneous equipment. • A locking storage bine approximately 4x4x25 feet for the percussion equipment. This should be located at the back of the stage. • A rental truck would be needed for each concert away from m the Civic Center. • The loading crew from the Fairhope High School Band will have to be paid. 13 November 2000 CITY OF FAIlWOPE CITY COUNCIL AGENDA Monday, 22 January 2001 - 6:00 P.M. - CITY COUNCIL CHAMBER 1. Pledge of Allegiance 2. Invocation -Joseph Bullington, Pastor of Fairhope United Methodist Church, Fairhope, Alabama 3. Approve Minutes of 08 January 2001, regular session 4. Presentation - Baldwin EMC Public Hearing - Amend Zoning Ordinance 557. An ordinance amending definition for Building Height in the Zoning Ordinance. 6. lic Hearing - Amend Zoning Ordinance 557. An ordinance to Clarify Commercial Uses for the original Rock Creek PUD. 7. Pu lic Hearing - Amend Zoning Ordinance 557. ordinance to approve a Site Plan for the commercial uses permitted for the commercial property as outlined in the Rock Creek PUD. 8. Ordinance - Annex Robin Herndon, III property, located along Scenic Highway 98, Fairhope, Alabama, .32 acres, more or less. 46-04-19-3-0-017.COF.001 <. 9. Ordinance - Annex Charles K. Breland, Jr. property, located along Scenic Highway 98, Fairhope, Alabama. 46-04-19-3-0-017-.COF.002 10. Ordinance - Annex Robin C. Herndon, III and Brian P. Metcalfe, located along Scenic Highway 98, Fairhope, Alabama. 46-04-19-3-0-017.COF.003 11. Ordinance - Annex Robin C. Herndon, III and Brian P. Metcalfe, located along Scenic Highway 98, Fairhope, Alabama, 8.60 acres, more or less. 46-06-24-4-000-035.000 12. Ordinance - Annex Elizabeth B. McGriff property, located at 23598 Main Street, Montrose, Alabama, .76 acres more or less. 13. Ordinance - Annex Richard A. Jones, and Roberta M. Jones property, located at 19410 County Road 27, Fairhope, Alabama, 2 acres more or less. 14. Ordinance - Annex Geraldine M. Buchanan property, located at 7878 Perryman Place, Fairhope, Alabama; 0.388 acres more or less. 22 January 2001 2609 �Ablic Hearing was held as advertized on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Ford introduced in writing Ordinance No. 1103. The Planning & Zoning Commission recommends approval of this ordinance, an ordinance to Clarify the commercial uses permitted under the original Rock Creek Planned Unit Development. Mr. Christopher Baker, Director of Planning and Building, explained to the City Council that Mr. Corte and Mr. Tanner are seeking clarification of the commercial uses that would be permitted in the Rock Creek PUD. When Rock Creek was originally developed several lots were indicated as commercial. The intent of the commercial designation was for the use of the residents of Rock Creek. This item came before the City Council on September 13, 1999, and was sent back to the P&Z Commission. After discussion, Councilmember Ford asked to amend the proposed ordinance by removing the building height requirements. Councilmember Anders moved to suspend the rules. Seconded by Councilmember Quinn, motion to suspend the rules passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Ford then moved for final adoption of Ordinance No 1103 in its amended form. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. APublic Hearing was held as advertized on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Anders introduced in writing the proposed ordinance. Mr. Baker explained that Mr. Tanner and Mr. Corte are seeking site plan approval for. one of the indicated commercial lots in Rock Creek. This lot is located at the Northeast comer of Rock Creek Parkway and Highway 98. A site plan has been submitted. Should the City Council approve the site plan, any building permit issued would require substantial conformance to the site plan. This item was considered by the City Council on September 13, 1999, and tabled until a traffic study was conducted. The traffic study was completed and distributed to the Council in early December 2000. The traffic study recommends a cut at the Northern portion of lot 177C to Highway 98, and a cut onto Rock Creek Parkway. These recommendations are outlined within the traffic study report. Alabama Department of Transportation has already approved a cut to Highway 98 at this location. Access is provided to the lot via a curb cut from Rock Creek Parkway. No access is provided to Highway 98 on the submitted site plan. Mr. Baker further explained that a maximum building height of 35 ft is requested. There is also parking in front of the building fronting Highway 98. Signage is also proposed on Highway 98. The staff s recommendations were to approve the site plan subject to a maximum building height of 30 ft; landscaping required from Highway 98 to the building fronting Highway 98 (No parking adjacent to Hwy 98), allowing the signage attached with a maximum of 30 sq. ft., providing pedestrian access to the property to the North, providing egress only to Highway 98, and reconstructing the acceleration lane out of Rock Creek in accordance with the recommendation in the traffic study. 22 January 2001 2610 Mr. Corte explained that the land slops from Highway 98 to the wetlands, and approves having 30 ft buildings on the front portion of the lot, but would like to have 35 ft building on the back portion of the lot. Mr. Metzger, a traffic engineer, recommended removing the acceleration lane, and adding a right turning lane. Mr. Metzger also expressed that eventually a traffic light would be needed at this intersection. Several citizens strongly edged the City Council to require a site plan showing all additional accesses before ruling on this proposed ordinance. It was also suggested that an investigation on a traffic light be conducted. Councilmember Quinn expressed concerns of having a parking lot in front of the building fronting Highway 98. Mr. Corte expressed that the parking lot would be sunken; therefore, only tops of the vehicles will be seen from Highway 98. After further. discussion, Mayor Kant recommended laying over this item, and assigned this item to the Street Committee to work with the developers and the Rock Creek Home Owners Association. This item will be addressed at the next regular City Council meeting. Councilmember Gentle introduced in writing Ordinance No. 1104. An ordinance annexing Robin Herndon, III property, located along Scenic Highway 98, Fairhope, Alabama, .32 acres, more or less. 46-04-19-3-0-017.COF.001. In order to take immediate action Councilmember Quinn moved to suspend the rules. Seconded by Councilmember Anders, motion to suspend the rules passed unanimously by the following vote: AYE - Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders then moved for final adoption of Ordinance No. 1104. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders introduced in writing Ordinance No. 1105. An ordinance annexing Charles K. Breland, Jr. property, located along Scenic Highway 98, Fairhope, Alabama, .38 acres, more or less.46-04-19-3-0-017.COF.002. In order to take immediate action Councilmember Anders moved to suspend the rules. Seconded by Councilmember Gentle, motion to suspend the rules passed unanimously by the following vote: AYE - Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Quinn then moved for final adoption of Ordinance No. 1105. Seconded by Councilmember Gentle, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Quinn introduced in writing Ordinance No. 1106. An ordinance annexing Robin Herndon, III, and Brian P. Metcalfe property, located along Scenic Highway 98, Fairhope, Alabama, 1.01 acres, more or less. 46-04-19-3-0-017.COF.003. In order to take immediate action Councilmember Quinn moved to suspend the rules. Seconded by Councilmember Anders, motion to suspend the rules passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry., NAY - none. Councilmember Ford then moved for final adoption of Ordinance No. 1106. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. CITY OF FAIRHOPE CITY COUNCIL AGENDA Wednesday, 28 February 2001 - 5:30 P.M. - CITY COUNCIL CHAMBER Pledge of Allegiance, and Invocation 1. Approve Minutes of 12 February Regular Meeting. 2. /An nal Adoption - Amending Zoning Ordinance 557 ordinance to approve a Site Plan for the commercial uses permitted for the commercial property as outlined in the Rock Creek PUD. 3. Ordinance - Amending Ordinance No. 674 - Building Department permit fees, and Ordinance No. 961 - Reinspection Fees 4. Resolution - Amending the Civic Center fees Resolution - Amending the James P. Nix Center fees 6. Resolution - Amending the Quail Creek Municipal Golf Course fees 7. Resolution - Authorizing Mayor Kant to sign a one year contract between the City and ZCorum, Inc., Alpharetta, Georgia to provide for an ISP System. 8. Finance Committee - Accepting 1999-2000 Audit 9. Application for a Beer/Wine Off Premises License by William C. Wood, dba Brunos Super Markets, located at 100 Plantation Point, Fairhope, Alabama (Formerly Delchamps currently has a Beer/Wine Off Premises License) 10. Request - South Alabama British Car Club - Requesting permission to conduct their Eleventh Annual British Car Festival at Fairhope Municipal Beach Park. The event is scheduled for Saturday, 6 October 2001 from 7:00 a.m. until 4:00 p.m. 11. Request - Tracy L. Wilhelm - Requesting a stop sign at the corner of Nichols Avenue and George Street. 12. Street Committee Report - Robert and Susan Cunningham - requesting speed bumps on Masonic Drive. 13. Reschedule next regular City Council Meeting from Monday, March 12a' to Thursday, March 15a' , due to National League of Cities Meeting. 14. Bid - Ingleside Street and Northrop Avenue Drainage System Councilmember Ford presented $5,000.00 Check for Fels Avenue Children Park Recognized student Kyle Aldridge, and Marcus Walker STATE OF ALABAMA )( 2633 COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 6:00 p.m.; Fairhope Municipal Complex Council Chamber; 161 North Section Street, Fairhope, Alabama 36532; on Monday. 28 February 2001. Present were Mayor Timothy M. Kant, Councilmembers: Robert C. Gentle, Michael A. Ford, Debbie W. Quinn, Pauline Anders, and Cecil Christenberry; City Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson. No one was absent. There being a quorum present, Mayor Kant called the meeting to order. The Pledge of Allegiance was recited, and the invocation was given by Councilmember Christenberry. Councilmember Christenberry moved to approve minutes of the 12 February 2001, regular meeting. Seconded by Councilmember Gentle, motion passed unanimously. Mr. Trae Corte addressed the City Council to present a second Site Plan for -he commercial uses permitted for the commercial property as outlined in the ock Creek PUD. Before Mr. Corte's presentation, Mayor Kant explained that this ordinance is before the City Council for final adoption. If the City Council does not adopt the proposed ordinance the -Site Plan for Rock Creek PUD would not come before the City Council for one year. Mayor Kant also stated that Mr. Corte could withdraw the request, and could be reconsidered by the City Council. Mr. Corte proceeded with his presentation stating the following: • The building near Hwy 98 would be 30 feet tall and the building farther from Hwy 98 would be 35 feet tall. • Signage must be agreed upon by the Homeowners Association, City Council, and conform to the City's sign ordinance. • Only single parking will be facing Hwy 98 • Landscaping - Trees will be placed at each corner of each building, and there will be additional landscaping. • The buildings may not be divided into seven (7) pieces, or may have two (2) divisions. Mr. Corte would like to get approval for seven (7) pieces so he will not have to come back to the Planning and Zoning Commission. 28 February 2001 2634 The City Council expressed concern on several issues on the second site plan. Councilmember Quinn expressed concerns that originally five buildings were proposed on the site plan, and now there are seven buildings being proposed. Councilmember Gentle was asked to give a recap of the Street Committee meeting with Mr. Corte. Councilmember Gentle stated the following issues were discussed either at previous Council meeting and/or the Street Committee meeting: • No parking spaces facing Hwy 98 • Imperious landscaping along Hwy 98 • Traffic light at the entrance of Rock Creek • A second entrance at the North of the commercial project After further discussion, Councilmember-Ford expressed that it would be wise for Mr. Corte to withdraw his request, and schedule another work session so all details could be worked out. Mayor Kant stated that a work session will be scheduled with the City Council, Mr. Corte, and Homeowners Association. Mr. Corte eventually withdrew his request. Councilmember Anders introduced in writing a proposed Ordinance, to amend Ordinance No. 674 - Building Department permit fees and Ordinance No. 961 - Reinspection fees. Councilmember Anders asked that this ordinance layover, and the City Council consider this ordinance for final adoption at the next regular meeting. Councilmember Anders introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Gentle, motion passed unanimously. ORDINANCE NO. 1103 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO CLARIFY COMMERCIAL USES FOR THE ORIGINAL ROCK CREEK PLANNED UNIT DEVELOPMENT The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975, is -changed and altered as described below: WHEREAS, the City of Fairhope has received a request for a clarification of the commercial uses permitted for the commercial property. as outlined in the Rock Creek Planned Unit Development; and, WHEREAS, Lots 177C, 178C, 179C, and 180C of the commercial property is seeking site plan approval so that developmeht may -commence; and, WHEREAS, The commercial use's clarified for Rock Creek are applicable to all of the commercial property; and, WHEREAS, after appropriate public notices and hearing, the Planning and Zoning Commission of the City of Fairhope, Alabama, has forwarded a recommendation to the City Council for amendment of Ordinance No. 557 as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: . 1. That, Attached as "Exhibit A" is a map of Rock Creek that indicates all parcels that wer-- designated -for commercial uses with Rock. -Creek Phase I. 2. That, the following list of permitted uses is derived from the existing permitted uses in various zoning classifications within the City. The mix of uses includes selected uses from_several different zoning classifications; however, there are numerou's uses that have been omitted for these particular lots in Rock Creek: Permitted Uses: Neighborhood retail stores and markets, including the following types of stores: food, general merchandise,apparel, furniture, household and hardware, radio and television, drugs and sundries, jeweiry and gifts, florists, sporting goods, pet shops, and similar types. Neighborhood services including the following: Dry cleaning services (does not allow for on -site processing) including pickup stations, barber shops, beauty shops, shoe repair offices, banks, post offices, theaters, and similar services. Ordinance No, 1103 CLARIFY COMMERCIAL uses Page -2- Restaurants without drive -ups, food shops, delicatessens; enclosed places of amusement and assembly, museums, art gallery. Business and professional offices, agencies and headquarters including the following types of services: doctors, dentists, lawyers, architects, engineers, chiropractors, realtors, insurance financial institutions and similar types. Public buildings, including schools and libraries; clubs; kindergartens, Play schools and day care enters, public or private; provided that all activities are carried on in an enclosed building or fenced in yard and that all applicable federal, state and local requirements are met. There will be.a Five Thousand (5,000) square foot restriction on retail space per tenant. There is no restriction on size for office space. 3. 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 not withstanding such holding. 4. EFFECTIVE DATE. This ordinance shall take effect upon its due adoption and publication as required by law. Adopted this 22_ ^_Day of January 2001 by M. ant, M yor Attest: enieee W�Johns�oni Clerk ] U F.. f A. ORDINANCE NO. 1116 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE; TO APPROVE A SITE PLAN; FOR THE COMMERCIAL USES PERMITTED FOR THE COMMERCIAL. PROPERTY A; OUTLINED IN THE ROCK CREEK PLANNED UNIT DEVELOPMENT The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975,.is changed and altered as described below: WHEREAS, the City of Fairhope has received a request for a clarification of the commercial uses permitted for the commercial property as outlined in the Rock Creek Planned Unit Development; and, WHEREAS, Edch of the commercial sites will require site plan approval before any building permits will be issued; and, WHEREAS, after appropriate public notice and hearing, the Planning and Zoning Commission of the City of Fairhope, Alabama, has forwarded a recommendation to the City Council for amendment of Ordinance No. 557 as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1 • That, in Case Number ZC 99-15 Lot 177 C, located at the northeast corner of US 98 and Rock Creek Parkway, shall develop in substantial conformity with the attached site plan attached as "Exhibit A". Any substantial deviation from the attached site plan, as determined by the Director of Planning and Building will require re -approval by the Planning Commission and the City Council of the City of Fairhope, Alabama; 2. That, Maximum building heights measured from grade level to roof line shall not exceed 35 feet or two stories on the commercial lots indicated in "Exhibit B". 3. That, the City Council amendments are attached as "Exhibit C" -- C�,C C: ` 4• SEVERABILITY CLAUSE. If an 0��n�C lot shall be held unconstitutional or invalid for any reason, such holdinsubdivision of g shall note be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect not withstanding such holding. 5• EFFECTIVE DATE. This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS 09 th DAY OF April 2001 4thY%-SVnt, Mayor West: 3eniece W. Johnson, Cit erk e9 4i A65 A.0 A, 5, 4 70 f 4,7 ; . 76 4� -zi�, - — � JL A64 45S, 41k 487 52, L ,. 4w 22 A, 152 444 52 Ali 461 d&o 458- 5J4 •A� 454 443 12 A 'buy 2 202 01 200 2W �-Z& f GOL� MAKrANtEpe,ll• 297 2C14 295 184 A 2W �4 11 1 2. 2" e. 12h 30, KA 2 2N 196 102 v 7- 227 12,3 A171 2 // 322 4 zm - A 170 2V \.2\ t5 , m 4 1 *2 r72 \ -_j 03 IDA '91 'Al 1 14 I V m ROCK ly .7 CREEK C coy rya _ CK 177C L 13 Act REEK A RESIDENTIAL GOLF COMMUNITY FAIRHOPE, ALABAMA r.,p & OTW 104 of 40 At 2" # .2 2W 2p%lj,h305 1.�, 306 15 307 1: 306 jj�jt XG 0 jj VOL IEGEN PN PROPOSED ME HIDRANT PROPOSED WATER LINE PROPOSED STORM DRANAOE • PROPOSED DRAINAGE FLOW 1 10' WIDE PEDESTRIAN ACCT55 EAS (TWS IS NOT A OWW NOR A YEWEOUR EASENDiT) i REO'D 15• REINFORCED I N CONCRETE PIPE W/SLOPE PAYED END WALLS (SLOPE 6:1 MAX) n _ e I dAre j IC P V n]Aq� _! CM 1 _ ] 60 1 I G? `mil i w S FrtOPOSEy - i r Pl1MPS1ER .�� J i }-_, 7 I �'• i 15,18 ACRES (BELQW FLOODLINE;� 1 P +`'I -0 SITE DATA CURRENT ZONING - PUD COMMERCIAL PROPOSED USAGE - AS PER CURREM ZONING TOTAL ACREAGE ..........6.28 AC. BUILDING AREA ...........37,24E S.F. Isf FLOOR 6,752 S.F. 2nd FLOOR +>„ 44,000 S.F. TOTAL SEE NOTE 6) = PARKING ......................169 SPACES REO'D (SEE NOTE 5) 177 SPACES PROVIDED OPERATING HOURS........8:00 AM TO 9:00 PM Iyp IMPERVIOUS SURFACE ... 3.5 ACRES (56X) la� iNOTES: 1. MAXIMUM BUILDING COVERAGE PERMTRED rs ssx. TOTAL 511E CONTAINS 6.28 ACRES AND 44,000 S.F. OF BUILDING AREA FORA TOTAL COVERAGE OF 16X. DENSITY WILL BE WELL BELOW THE 94 UNITS REOUMED FOR THIS SITE. I 2. SIGNAGE: (A) SEE ATTACHED SKETCHES FOR TYPE 'AAND -TYPE 'B' SIGNS I BURRING SIGNACE NO SIGNAGE IS PERMITTED ON THE 4 LANE SIDE OF THE BUILDINGS 1, 2 AND j' 3, EXCEPT FOR 5 SQUARE FEET ALLOWED PER TENANT FOR IDENTIFICATION _ PURPOSES BUXDNGS 3 AND 4 MAY HAVE NON-RLUMINATEO RAISED LETTERS I I. -- FACING ROCK CREEK PARKWAY. THE SIZE OF THESE SIGNS SHALL BE HALF OF I THE BUILDING WIDTH UP TO A MAXIMUM OF 60 SQUARE FEET. SMAGE FOR ALL OTHER BUXOM" SHALL CONFORM TO CITY OF FAIRHOPE SIGN ORDINANCE OTHER SIGNAOE-.__ ONE TYPE A" SIGN SHALL BE PERMITTED ON THE PROPERTY AT THE NORTHERN INGRESS -EGRESS TO THE 4-LANE. ONE TYPE A' SIGN SHALL BE PERMITTED ON THE PROPERTY AT THE INGRESS -EGRESS FROM ROCK CREEK PARKWAY. ONE TENANT PANEL SHALL BE ALLOWED M THE INTERIOR OF THE BRIDGE DEVELOPMENT. y 3. LIGHTING - BUILDINGS WILL BE EXTERNALLY LIT WITH LANDSCAPE LIGHTING AND FIXTURES ATTACHED TO BUILDINGS. ALLPARKING LOT LIGHTS SHALL BE A MAXIMUM OF 20 FEET TALL FROM THE GROUND TO THE TOP OF THE nxrURE. LIGHTING SHALL BE 1 RECESSED IN A BOX AND SHALL HAVE 72.5 ANGLE SHARP CUY-OFF ` DESIGN OR GREATER. MAXIM MAXIMUM BUILDING HE/W/f = 33' (LOTS 4 THRU 7) 30' (LOTS I TIIRU 3) S. PARKING REQUIREMENTS ARE BASED ON FAIRHOPE ZONING REGULATIONS ON A BUILDING BY BUILDING BASIS FOR OFFICE REGIL USE. ACTUAL I BUILDING SIZES MAY REQUIRE AOlUSTMENTS r0 �ARIONc COUNTS- W ANY EVENT, FAIRil' ZONING REGULATIONS SHALL BE FOLLOWED M CALCULATING PARKING REQUIREMENTS. S. TOTAL SQUARE FOOTAGE PERMITTED IS 44,000 SQUARE FEET, HOT COUNTING PoRCHES, MEASURED BY iNE BUILDINGS FOOTPRINT. THE NUMBER OF LOTS AND OR BURDIINrs rs NOT SIGNIFICANT.'' 7- INTERIOR BUILDINGS SHALL. SUBM? A LANDSCAPE PLAN AT THE TIME OF BUILDING PERMITS ALL MECHANICAL EQUPIMENT SHALL BE SCREENED. 7� 7i•TS p(d(r.tLrLce III LP SITE PLAN FOR ° D.ED. LOT 177C 5 D.E.D. ma — J.N.E. OF ROCK CREEK, A PLANNED UMT DL'VELOPAA Wr. PHASE ONE smcmR J.GA C.MA I ENGIlVP.EmG DEVELAMW SERM 6iaL 1 ,a Engineering Planning • S LL..0 w 990660 -_- --.. urveying Conslruelloq MmegemmL .. bi t PF, CITY OF FAIRHOPE CITY COUNCIL COVER SHEET 9• April, 2001 ZC 99.15 Request of Rock Creek Partners for Site Plan Approval for Lot 177C of Rock Creek (Generally Located at the Northeast Corner of Rock Creek Pkwy and US Hwy 98 Greeno Rd. As the Council is aware, this issue has been discussed and deliberated previously. It was most recently withdrawn from the agenda by the applicant. The Street Committee met with the developer and the RCPOA to discuss the site plan on 7 March 2001. As a result of that meeting a letter of understanding was sent to all participants who cared to leave their fax number (letter attached). A new site plan has been submitted and is attached. A letter from the RCPOA is also attached. STAFF RECOMMENDATION: Consensus was built during the 7 March meeting and the site plan reflects that consensus. Approving the site plan in conformance with the 8 March letter is appropriate. Re,Zclully Submitted for Consideration, Christopher . _Baker Director of fanning and Building CITY OF FAIRHOPE CITY COUNCIL AGENDA Monday, 09 April 2001 - 5:30 P.M. - CITY COUNCIL CHAMBER Pledge of Allegiance, and Invocation 1. Approve Minutes of 26 March Regular Meeting. 2. Public Hearing - Amend Zoning Ordinance 557. Ordinance to Zone Barry Booth, D.M.D., P.A. Employee Profit Sharing Plan, and the estate of Pearly Ghaskin c/o Harold A. Hatch property to a Planned Unit Development concurrent with Annexation. The property is located on the North side of Parker Rd, West of U.S. Hwy 98. (Trentino Subdivision) Z3.Public Hearing - Amend Zoning Ordinance 557. An ordinance to approve a Site Plan for the commercial uses permitted for the commercial property as outlined in the Rock Creek PUD. 4. Resolution - Authorizing the condemnation of the property located at the Northeast corner of lot 256 within Rock Creek Subdivision, Phase III. The purpose for condemning this property is for a utility Right-of-way, and for an entrance that is already a part of the master plan. Resolution - Authorizing Teledyne Continental Motors to pay $3,500.00 per month instead of paying the current lease amount of $7,000.00 per month. This payment change will be effective with the April payment. 6. Application for a Restaurant Liquor License by Christopher S. Cowan, dba Battles Wharf Bistro, 19344 Scenic Hwy 98, Fairhope, Alabama. (Formerly Last Nacho, currently has a Restaurant Liquor License) 7. Request - Tim Simmonds and Mike Dobson are requesting permission to block George Street between Fels Avenue and Gaston Avenue, on Saturday, May 26"' between the hours of 12:00 p.m. and 5:00 p.m. The closure is for a birthday party 8. Request - Grant Miller Davis II, and Susan R. Davis are requesting permission to put up tents on the sidewalk in front of their store, located at 29 North Section Street, on Thursday, May 17t". The Newsstand is hosting an "After Hour Party" from 5:00 p.m. to 7:00 p.m. For the Eastern Shore Chamber of Commerce. City Council Meeting April 9, 2001 09 April 2001 The City Council was given an opportunity to ask question of Mr. Dyas, and Mr. Baker. After discussion by the City Council, Councilmember Anders moved to suspend the rules. Seconded by Councilmember Quinn, motion to suspend the rules, in order to take immediate action passed, unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1115. Seconded by Councilmember Anders. The City Council made the following amends to the proposed ordinance: • Reduce lots from 56 to 49 lots • There shall be no access through Wild Oaks • Remove the alleys behind lots 1-8, 37-42, and 53-56 • Silk fence shall be buried one foot deep, along with hay and rocks • No water will be allowed to flow to Parker Road. Detention shall be required. • There shall be a park area, and walk area along the creek, and other nice amenities. • install rain gages • Monthly reports will be made in addition to an annual report to ADEM to detect any debris in the creek • Single family residential lots only • Boring must be conducted to be sure no hazards or contaminated materials are on this site. This was a unregulated dump at one time. • Turbidity test must be preformed • 65% maximum lot coverage. This includes primary building plus accessory buildings. After an overview of the amends to the proposed ordinance Councilmember Quinn called for a vote. The motion for final adoption passed by the following votes: AYE -Gentle, Ford, Quinn, Kant, and Anders. NAY-Christenberry. The Mayor took a brief recess for the audience to clear the Chambers. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoni5g Ordinance No. 557. Councilmember Quinn introduced in writing Ordinance No. 11 . The Planning & Zoning Commission recommends approval of this ordinance. An rdinance to approve a Site Plan for the commercial uses permitted for the commercial property as outlined in the Rock Creek PUD. Mr. Joe Bullard with Engineering Development Services LLC, and Mr. Christopher Baker, Director of Planning & Building addressed the City Council and gave an overview of the items discussed at the work session on 26 March 2001. 09 April 2001 Mayor Kant allowed the persons present to speak in favor or opposed to the Site Plan proposal for Rock Creek Subdivision. Ms. Cathy Slagle, a resident of Rock Creek Subdivision, asked that the record show that the Home Owners Association did not think Rock Creek Parkway should be used for this new development. Ms. Slagle further stated that no development should take place until a second entrance was in place. Mr. Bob Foster, a resident of Rock Creek Subdivision, expressed that the current acceleration lane may not be the best, but having the current acceleration lane is better than not having the lane. The City Council was allowed to ask questions of the developers, Engineer, and of the Director of Planning & Building, Mr. Baker. In order to take immediate action, Councilmember Quinn moved to suspend the rules. Seconded by Councilmember Anders, motion to suspend the rules passed unanimously by the following votes: AYE - Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1116. Seconded by Councilmember Anders. The City Council made the following amends to the proposed ordinance: • Development of the first building must tie in with the development of South Drive. \ ' Take out the North entrance, if the acceleration lane remains in, but the \ l� property for the North entrance will be reserved. The rear of the building must look like the front of the building • The impervious landscaping must be continuous, and approved by the City Horticulturist. The Highway Department will make the final decision on the access lanes. • At the request of Councilmember Ford, Mr. Baker's letter regarding Rock Creek Commercial Site Plan Consensus Items shall be added as an amendment to the proposed ordinance. Mr. Baker's letter regarding Rock Creek Commercial Site Plan Consensus Items Next page 09 April 2001 8 March 2001 Councilman Bob Gentle City of Fairhope RE: Rock Creek Commercial Site Plan Consensus Items Mr. Gentle As you are aware the Street Committee held a special workshop on 7 March 2001 to discuss the proposed site plan for the Rock Creek Commercial Lot 177C. No formal action was taken, as this was merely a workshop to build consensus and communication. Any formal approval or denial of the site plan MUST take place at a public hearing AFTER the required public notice is given. The items below represent the consensus as a result of the meeting. They mirror my statements at the close of the meeting, so that all persons attending had an opportunity to understand what was agreed to. The items are in no particular order of importance. 1. Number of Lots - Buildings: The number of lots and buildings is not significant. The total square footage any and all buildings on lot 177C shall be no more than 44,000 square feet and measured by the building(s) footprint. Porches do not count against the 44,000 sq. ft. number. 2. Parking: 1 row of parking between the building(s) and the 4 Lane is acceptable. It shall be consistent with the parking shown on the site plan submitted on 21 February 2001. 3. Lighting: All parking lot lights shall be a maximum of 20' tall from the ground to the top of the fixture. Lighting shall be recessed in a box and shall have 72.5 angle sharp cut-off design or greater. 4. Landscaping: Impervious landscaping shall be provided along the entire frontage of the 4 Lane and Rock Creek Parkway. This landscaping shall be installed all at the same time. The landscape plan shall be approved by Jennifer Fidler, City Horticulturist. Buildings on the interior shall submit a landscape plan at the time of building permits and shall be approved by Jennifer Fidler as well. All mechanical equipment shall be screened. 5. Signage: No signage is permitted on the 4 Lane side of the buildings 1,2, and 3 as shown on the 21 February 2001 site plan. Buildings 1,2, and 3 may have up to a 3 sq. ft. sign per tenant for identification purposes in the development. Buildings 3 and 4 as shown on the 21 February 2001 site plan may have non -illuminated raised letters facing Rock Creek Parkway. The size of these signs shall be half of the building width up to a max of 50 sq. ft. Signage for all other buildings shall conform to City of Fairhope sign ordinance. One "type A" as submitted with the 21 February information shall be permitted on your property at the northern ingress/ egress to the 4-Lane. 09 April 2001 One "type A" as submitted with the 21 February information shall be permitted on your property at the ingress/ egress from Rock Creek Parkway as shown on the 21 February site plan. One tenant panel shall be allowed in the interior of the development. 6. Access: A cut for ingress and egress to the 4-Lane at the northern property line is permitted. Access to Rock Creek Parkway shall be as shown on the 21 February site plan. The median just to the west of the proposed Parkway access shall be modified to allow for a left turn lane. 7. Pedestrian Access: A 10' wide non -vehicular access easement shall be provided to the property zoned R3PGH to the north of lot 177C. This letter is being faxed to all of the participants who cared to leave their fax number on the sign in sheet. As stated above, this issue must be given public notice before the Council can take action. According to Geniece Johnson, City Clerk, this item would be eligible for the 9 April 2001 Council meeting if the revised site plan and materials are submitted to the Planning Department by 12 March 2001. I hope this answers all of your questions. Should you have any further questions or need any more information, please feel free to contact me. Respectfully, Christopher D. Baker Director of Planning and Building After a discussion, with Mr. Reed, a real estate developer involved in this project, Councilmember Gentle withdrew his amendment to tie the development of the first building in with the development of South Drive. Councilmember Ford and Councilmember Anders requested that a good faith date be set for the development of South Drive. Mr. Tanner stated that South Drive could be complete in 90 days. It was later decided that the details on the development of South Drive will be ironed out at a later date by Mayor Kant, Christopher Baker, and Mr. Trae Corte. After further discussion, the motion for final adoption passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY - none. The Mayor took a brief recess for the audience to clear the Chambers.