HomeMy WebLinkAboutO-1163ORDINANCE NO. 1163
AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING
ORDINANCE AND AMENDING ORDINANCE NO. 1136 AND APPROVING A PLANNED
UNIT DEVELOPMENT TO BE CALLED VILLAGE NORTH
BE IT ORDAINED by the City Council (the "Council") of the City of Fairhope, Alabama
(the "City"), as follows:
Section 1. Findings. Having made due and proper investigation of the matters hereinafter referred
to, the Council has ascertained and does hereby find and declare that the following facts are true and
correct:
(a) Dyas, L.L.C. ("Dyas") submitted an application for a Planned Unit Development
Ordinance in August, 2001 (the "Application"), in which Dyas proposed to
construct a residential/commercial development on that certain real property more
particularly described on Exhibit "A" attached hereto and by reference made a part
hereof (said property to be hereinafter referred to as "Village North"), all of which
is located within the corporate limits of the City (this property is also commonly
referred to as the Triangle).
(b) The City's Planning Commission met on October 2, 2001 at a public meeting,
discussed the Application and recommended to the Council that the Application be
approved with various changes (the "Proposed Ordinance"), which would result,
upon proper passage into law, in the rezoning of Village North from R1 Low
Density Single Family Residential and R4 Low Density Multi -Family Residential to
a Planned Unit Development.
(c) On November 19, 2001, a public hearing was held as advertised on the Proposed
Ordinance to amend Zoning Ordinance No. 557 (the "Special Meeting"), at which
Councilmember Ford introduced the Proposed Ordinance, and the Council heard
comments from the Dyas family and its developers, from the Public and from
various City representatives.
(d) After said comments at the Special Meeting and debate among the councilmembers,
the Council was unable to reach an agreement regarding the Application, and its
further consideration was held over until the next regular meeting of the Council.
(e) At its regular meeting on November 26, 2001, the Council reconsidered the
Application, made amendments, and adopted in final form an ordinance approving
the Application, subject (i) to the acceptance of said amendments by Dyas; (ii) to a
marketing study to be obtained relating to the proposed development of Village
North; and (Ili) to a traffic study on the effect of the proposed development on
Scenic 98, Highway 104, Section Street, and U.S. Highway 98.
(f) The Mayor of the City executed the ordinance approved by the Council at is
November 26, 2001 meeting ("Ordinance No. 1136").
(g) The City has received said marketing and traffic studies.
(h) Based on the results of said studies, Dyas has submitted a request to amend
Ordinance No. 1136, along with a document titled "Village North Planned Unit
Development Report" dated September 30, 2002 and as revised October 24, 2002
(the Report") in support for its requested amendment.
Ordinance No. 1163 - 11 December 2002
(1) The City's Planning Commission met on November 4, 2002 at a public meeting,
discussed the Report and the marketing and traffic studies and unanimously
recommended the approval of the amendment of Ordinance No. 1136 without any
changes to the Report (all of which is designated by the Planning Commission as
Case No. ZC09-09).
(j) Based upon the foregoing, and in accordance with Ordinance No. 1087 (adopted on
July 10, 2000), the Council has determined that it is necessary to amend Ordinance
No. 1136 in accordance with the terms hereof.
Section 2. Amendment of Ordinance No. 1136. The contents of Ordinance No. 1136 are hereby
deleted in their entirety and replaced with this Ordinance.
Section 3. Amendment of Ordinance No. 557. The ordinance known as the Zoning Ordinance (No.
557), adopted August 11, 1975, together with the Zoning Map of the City, be, and the same hereby
are, changed and amended so as to change the zoning classification of Village North as follows:
The zoning classification of Village North is hereby changed from
R1 Low Density Single Family Residential and R4 Low Density
Multi -Family Residential to a Planned Unit Development, and as
such shall be developed in accordance with Ordinance No. 1087
and the terms of this Ordinance.
Section 4. Conditions of Development. Village North shall be developed in strict compliance with
those certain "PUD Requirements" attached hereto as Exhibit "B" and incorporated herein by
reference, as well as that certain "Site Plan" attached hereto as Exhibit "C" and incorporated herein
by reference.
Section 5. Consideration of Conditions to Approval. The Council has considered the conditions
listed in subparagraph 3 of Paragraph F of Ordinance No. 1087 in approving the Application.
Furthermore, the conditions that are relevant to Village North have been addressed to the satisfaction
of the Council in the PUD Requirements.
Section 6. Ordinance Subject to Ordinance No. 1087. This Ordinance, and the development of
Village North, shall remain subject to the provisions of Ordinance No. 1087.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
Section 8. Effective Date. This Ordinance shall take effect iniriediately upon its due adoption and
publication as required by law.
APPROVED by the Council this 11`h
ATTEST:
Geniece W. Jo nso i Clerk/Treasurer
011
of December , 2002.
�w
y M. nt, Miyor
Ordinance No. 1163 - 11 December 2002
EXHIBIT "A"
DESCRIPTION OF THE PROPERTY
TRACT 1:
BEGINNING AT A POINT on the East right of way line of County Road
#98, which is more particularly identified as Station No. 89+65 of the right
of way map of Project No. S-635(3) as recorded in the Office of the Judge
of Probate, Baldwin County, Alabama; thence North 47 degrees 29 minutes
52 seconds East along said right of way line a distance of 935 feet, more or
less, to a point; thence turn and angle of 90 degrees to the right a distance of
10 feet; thence North 47 degrees 29 minutes 52 seconds East, a distance of
429 feet, more or less, to a point of curve; thence along a curve to the left
having a radius of 1,145.02 feet, a distance of 569 feet, more or less, to a
point; thence turn an angle to the East a distance of 60 feet, more or less, to
a point on the West right of way line of U.S. Highway # 98; thence South
20 degrees 8 minutes 38 seconds East, along said West right of way line, a
distance of 1,621 feet, more or less, to a point; thence South 34 degrees 45
minutes West distance of 57.49 feet; to a point on the North right of way
line of Alabama Highway # 104; thence South 89 degrees 40 minutes West
along said right of way line of Alabama Highway #104, a distance of 1,665
feet, more or less to a point; thence turn angle to the right a of
approximately 34 degrees, a distance of 190 feet more or less, thence turn
an angle to the right of approximately 54 degrees, a distance of 50 feet,
more or less, to the POINT OF BEGINNING.
TRACT 2:
Beginning at a concrete block being the Southeast corner of the Forbes
Grant, Section 7, Township 6 South, Range 2 East, Baldwin County,
Alabama; thence run S-76 degrees 03' 22' - W along the South boundary of
said Forbes Grant, a distance of 875.08 feet; thence run S-39 degrees 56'
38-E, a distance of 185 feet, more or less, to the center of Fly Creek, the
Point of Beginning, thence run Easterly along the centerline of Fly Creek, a
distance of 1850 feet, more of less, to the West right of way line of U.S.
Highway #98; thence run S-19 degrees 37' 38" -E along the said West right
of way line of U.S. Highway # 98, a distance of 420 feet, more or less;
thence run S-04 degrees 40' -E along said West right of way line of U.S.
Highway # 98 a distance of 194.4 feet, more or less; thence continue along
the West right of way line of U.S. Highway # 98 along a curve to the right,
concave Northwesterly, having a radius of 1025.92 feet, a distance of
384.97 feet, more or less to a concrete right of way monument; thence run
S-66 degrees 03' 09" -E, a distance of 30 feet, more or less; thence continue
along the West right of way line of U.S. Highway #98 (alternate route)
along a curve to the right concave Northwesterly, having a radius of
1055.92 feet, a distance of 434 feet, more of less; thence continue along said
West right of way line of U.S. Highway # 98 (alternate route) S-47 degrees
29' 52" -W, a distance of 729 feet, more or less; thence run S-42 degrees
30' 08" -E, a distance of 30 feet, more or less, thence continue along said
West right of way line of U.S. Highway #98 (alternate route) S-47 degrees
A-1
Ordinance No. 1163 - 11 December 2002
29' 52" -W a distance of 660 feet, more or less; thence run N-81 degrees 10'
-W, a distance of 51 feet, more or less, to the East right of way line of
Baldwin County Scenic #98 (old U.S. Highway #98); thence run N-29
degrees 18' -W along said East right of way line of Baldwin County Scenic
#98, a distance of 190.26 feet, more or less; thence run 5-75 degrees 44-W,
a distance of 10 feet, more or less; thence continue along the East right of
way line of Baldwin County Scenic Highway #98, N-14 degrees 16' -W, a
distance of 924.5 feet, more or less; thence continue along the East right of
way line in Baldwin County Scenic #98 along a curve to the left, concave
Southwesterly, having a radius of 1989.4 feet, a distance of 735.7 feet, more
or less, to the intersection of the South property line of land owned by
Arthur and Ellen Dyas; thence run 5-87 degrees 49' -E, a distance of 225
feet, more or less; thence run N-17 degrees 11' -E, a distance of 170 feet,
more or less, thence run N-64 degrees 49' -W, a distance of 275 feet, more
or less, to the center of Fly Creek; thence run Northeasterly along the center
of Fly Creek, a distance of 275 feet, more or less, to the Point of Beginning.
Said parcel of land lies in Section 8, Township 6 South, Range 2 East,
Baldwin County, Alabama, and includes a drainage easement located on the
West right of way line of U.S. Highway #98, being more particularly
described as: Beginning at a point 145 feet West of U.S. Highway #98,
Station 133+00; thence run N-49 degrees 37' 38"-W, a distance of 172.53
feet, more of less; thence run N-40 degrees 22' 22"-E, a distance of 65 feet,
more or less, to the center of Fly Creek; thence run Southeasterly along the
center of Fly Creek to a point on the West right of way line of U.S.
Highway #98; thence run 5-19 degrees 37' 38"-E along the West right of
way of U.S. Highway #98; a distance of 75 feet, more of less, to the Point of
Beginning.
A-2
Ordinance No. 1163 - 11 December 2002
EXHIBIT "B"
PUD REQUIREMENTS
I. PUD Requirements.
The PUD ordinance stipulates that the City Planning Commission and Council must review
several elements associated with any PUD development proposal. Each of these elements
is listed below, along with how the proposed development will address each. These
include:
1. Setbacks for buildings and structures.
The following setbacks shall apply for each use:
a. Single Family Detached Residential - 10' minimum/25' maximum front yard
setback from the right-of-way (ROW) line. Front porches may encroach
within the minimum setback. 5' minimum side yard, 10' minimum rear yard
including all accessory structures and decks. All garages must face an alley.
In the event that, because of site design reasons, a garage cannot face an
alley, the garage shall be detached and set in the rear yard. For purposes
hereof, a garage shall be deemed to be detached if it shares no common wall
with the main structure.
b. Single Family Attached Townhomes - 5' front yard setback from the ROW
line. Front porches may encroach within the minimum setback. No
minimum side yard setback is required, end of group townhomes must be
separated by 20'. 5' minimum rear yard including all accessory structures
and decks. All garages must face an alley. In the event that, because of site
design reasons, a garage cannot face an alley, the garage shall be detached
and set in the rear yard. For purposes hereof, a garage shall be deemed to be
detached if it shares no common wall with the main structure.
Multifamily - 5' front yard setback from the ROW line. The sides of
multifamily buildings shall be separated by a minimum of 20'.
d. Retail Buildings - No minimum front, side, or rear yard setback is required.
Office/Business Buildings - 5' front yard setback from the ROW line. No
minimum side yard or rear yard setback is required.
2. Public street access.
Access into the development will be as set forth in the Site Plan.
Ordinance No. 1163 - 11 December 2002
3. Drainage.
Drainage from the development will be directed into a series of storm water
management facilities that will meet or exceed the 50-year storm event. The Site
Plan illustrates the locations of the storm water detention ponds/lakes, which are
strategically located throughout the community at appropriate topographic
elevations. Detailed computations for storm water requirements will be prepared
during the subdivision approval process.
4. Vehicular traffic, circulation, connections, and parking.
From the public street access points identified in 2 above, there is an interconnected
street network that will provide circulation to all uses and parking areas throughout
the community without having to enter back onto the existing public streets. This
network will therefore reduce trips on the existing roadway network, thereby
minimizing any potential impacts.
Proposed parking for each use shall be:
a. Retail - 4 cars per 1000 gross square feet of building area.
b. Office - 4 cars per 1000 gross square feet of building area.
C. Residential - 2 cars per unit.
d. Both on street and off street parking are permitted and will be
counted toward the total required/provided spaces.
It is important to note that these requirements anticipate shared parking. Under this
scenario, the retail, office, and multifamily residential uses will share common
parking facilities that are easily accessible to all uses. This will reduce the total
impervious surface throughout the community with no adverse impact on any
individual use. Shared parking will occur on a per parcel basis such that parking
will not be shared from one parcel to another.
It is anticipated that the majority of the streets within Village North will conform
with the standard illustrated on the Site Plan. During the site planning process,
right-of-ways of not less than forty feet may be employed as appropriate.
A traffic study dated September 18, 2002 and prepared by William J. Metzger, Jr.,
P.E. (the "Traffic Study"), was obtained with respect to the effect of Village North
on the surrounding roadways. The development of Village North will be subject to
the recommendations of the Traffic Study. A copy of the Traffic Study is on file
with the Clerk of the City of Fairhope.
5. Screening or buffer zones.
There are no proposed screening or buffer requirements between uses internal to the
community. A minimum 40' buffer will be provided adjacent to Route 104. A
minimum 50' buffer will be provided to Greeno Road. A minimum 40' buffer
will be provided adjacent to Scenic 98. An average 100' buffer will be provided
adjacent to Fly Creek. No buildings, accessory structures, or parking are permitted
B-2
Ordinance No. 1163 - 11 December 2002
within any buffer. In addition, there shall be no breach of the aforementioned
buffers unless such breach is accomplished with a landscaping plan approved by the
City's horticulturist, in his/her sole discretion.
Supplemental landscape screening will be added to the buffers described above to
screen views from existing public roads into proposed parking areas.
6. Hours of operation.
Hours of operation for indoor activities will be what is customary within the City of
Fairhope. Hours of operation for outdoor activities will be limited to 1:00 a.m. It is
important to point out that one goal of Traditional Neighborhood Developments
("TNDs") is to re-create the 24-hour activity that is reflective of urban spaces.
Limiting hours of operation will be counter -productive to this goal.
7. Activities or uses permitted on the property.
The activities and uses permitted on the property are set forth in the Development
Regulations set forth in Section II hereof (the "Development Regulations") and the
Site Plan. In addition, the term "public uses" set forth on the Site Plan is defined to
include uses by not -for -profit organizations, e.g. religious, arts, culture, recreation,
education, government, etc.
Common areas shall include: the buffers designated in Section I.5, Parcel D, Parcel
G, Parcel L, the islands in Parcel K, and the recreational areas in Parcel B. In
addition, other common areas within the parcels and along the perimeter of the
development shall be designated with specificity during the detailed site planning
process. The maintenance of all common areas shall be the responsibility of the
property owners' association.
8. Building or structure heights.
The maximum building height proposed for all uses is set forth in the Development
Regulations.
9. Landscaping.
All plant material within Village North will be indigenous to southern Alabama to
minimize supplemental watering and chemical application (i.e., pesticides).
Landscape plans will address the following design elements: building entry zones,
plazas and courtyards, site furnishing such as benches, and residential fence
standards. Detailed landscape architectural plans will be developed during the
subdivision approval process. In addition, the City's existing landscape ordinance
will be the minimum requirement for any development within Village North.
Ordinance No. 1163 - 11 December 2002
10. Maximum lot coverage, impervious percentages.
The maximum lot coverage on a per use basis shall be:
a. Single Family Detached Homes - No more than 55% of the lot area.
b. Single Family Attached Townhomes - No more than 80% of the lot area.
C. Multifamily - No more than 15% of the multifamily parcel.
d. Retail Uses - No more than 90% of the total retail parcel (not individual lots
within the retail parcel).
e. Office Uses - No more than 90% of the total office parcel (not individual
lots within the office parcel).
In addition, no more than 60% of the total site area will be covered with impervious
surfaces. This includes buildings, parking areas, roads, and sidewalks.
11. Pedestrian circulation.
Pedestrian circulation is a critical component of this community and an essential
element of traditional neighborhood planning. Within Village North, there are
several different, but interconnected elements of the pedestrian circulation network.
First, there is the sidewalk system adjacent to, and on both sides of, all internal
streets. Second, there is the North Section Street crosswalk and round -about
designed to provide a safe and effective crossing within the village center. Third,
there is the trail system within each of the two major parks and along the Fly Creek
buffer that connect to the internal sidewalk system. And finally, there is a sidewalk
connection from Village North to State Route 104, adjacent to the proposed
roadway, that will provide access for residents from Colonial Acres into Village
North.
The pedestrian access between Parcels K and J identified on the Site Plan (between
lots 26 and 27) shall be a pedestrian easement.
12. Signs.
Permanent and temporary signs throughout Village North will be designed to reflect
the mixed -use nature of the development. A variety of signs are proposed,
including monumental entry signs, freestanding signs for particular uses, building
mounted signs for retail and office uses, directional signs for way finding,
temporary marketing and construction signs, and temporary sales signs. Design
standards for signs include compatible materials to the surrounding architectural
elements and size limitations. Detailed sign plans will be developed during the
subdivision approval process. In addition, the signs within Village North will
comply with the City of Fairhope's sign ordinance.
13. Mitigation of noise, fumes, odors, vibration or airborne particles.
No use proposed within Village North will generate noxious noises, fumes, odors,
vibrations, or airborne particles. These elements are typically associated with
B-4
Ordinance No. 1163 - 11 December 2002
industrial developments, not high -end residential, retail, and business/office uses.
In addition, it is in the applicant's best interest to ensure that any such impacts are
minimized both during construction, and throughout the life of the development to
ensure the overall success of the community.
14. Exterior lighting.
All exterior lighting will reflect the unique mixed -use and "TND" nature of Village
North. Five separate but inter -related light standards are proposed, including:
street lights, parking lot security lights, pedestrian lights adjacent to buildings,
building mounted lights, and lights to illuminate signs. All lights will be a
traditional style. In addition, all proposed lighting within Village North will not
cast glare outside the property through the use of directional cut-off fixtures.
Finally, lighting within Village North will comply with the City of Fairhope's
lighting ordinance.
15. Exterior construction materials.
Permitted materials within Village North include brick, stone, wood, EIFS, stucco,
dry-vit, hardy plank, and vinyl siding. EFIS, dry-vit and vinyl siding will not be the
predominate construction material but rather will be used as accent materials.
Traditional architectural design will be adopted. An architectural control
committee will be utilized to ensure that the development adheres to the foregoing
design standard.
16. Special fire protection.
Fire protection measures will meet building codes at the time of construction. Due
to the unique nature of this development (mixed uses within single buildings) fire
protection will be a critical component of the detailed architectural design process.
17. Outside storage and display of merchandise.
No outside storage of merchandise will be permitted within Village North. All
retail and business uses will be required to store any merchandise within their
individual buildings. Outside display of merchandise will be permitted within the
community, but only during special events, such as a market or festival.
18. Refuse and waste storage.
Refuse and waste storage for residential uses will be required to remain indoors (or
out of public view) except during pick-up periods. Refuse and waste storage for
retail and office uses will be located in central facilities strategically placed
throughout the mixed -use parcels. These facilities will be screened from public
view utilizing a combination of fencing (that is the same material as the
surrounding architecture) and landscaping. In addition, special provisions will be
made throughout the community to promote recycling.
Ordinance No. 1163 - 11 December 2002
19. Lot sizes and dimensions.
There is no standard or minimum lot size for any retail or office/business use.
Minimum lot sizes for single family detached homes will be either 10,000 square
feet in the northern portion of the community or 6,000 square feet for the patio
homes planned adjacent to the townhomes. Finally, there is no minimum lot size
for townhouse and multifamily homes.
20. Accessory buildings.
Accessory structures for single-family detached homes and single-family attached
townhomes are permitted within the setbacks as specified above. Accessory
garages will be permitted within parking lots for multi -family homes. Such
accessory garages will be compatible with the adjacent architecture, both in material
and design. No accessory structures are planned at this time for retail or office uses.
21. Other information shown on the Site Plan.
Additional information is set forth in the Site Plan and the Development
Regulations.
II. Development Regulations.
In addition to the requirements set forth elsewhere in the Report, Village North shall be
subject to the following Development Regulations:
Village North is limited to 180,000 square feet of office and retail space as set forth
in the Site Plan. No more than 60% of such square footage may be devoted to
either office or retail use.
2. The allowed uses of said 180,000 square feet of office or retail space shall be
strictly limited to the following:
A. Retail
(1) Commercial Artists.
(2) Veterinary Clinic with inside boarding only.
(3) Appliance Sales and Repair.
(4) Banks with attached drive -up tellers; provided, however, that any
such drive -up facility shall not have more than 2 drive -up tellers;
provided, further, that any such drive -up must be located at the most
remote location away from a right-of-way and if any drive -up
facility is attached to a bank located in Building 1 in Parcel F or in
Building 9 in Parcel H, as shown on the Site Plan, then such drive -
up must be located away from the Central Park, identified as parcel
G on the Site Plan.
B-6
Ordinance No. 1163 - 11 December 2002
(5) Barber/Beauty Shops.
(6) Bakery.
(7) Bicycle Shop.
(8) Clothing Store.
(9) Coffee Shop.
(10) Confectionary Store.
(11) Dance School.
(12) Day Care.
(13) Drug Store.
(14) Dry Cleaning/Laundry (no odor and no coin -operated machines).
(15) Dry Goods/Notions.
(16) Furniture/Home Store.
(17) Gas Station (with no automotive bays and no major automotive
repair work being performed); provided, however, that no gas
stations shall be allowed in Building 1 in Parcel F or in Building 9
in Parcel H, as shown on the Site Plan.
(18)
Gift Shop.
(19)
Grocery.
(20)
Hobby Store.
(21)
Jewelry Store.
(22)
Meat Market/Delicatessen.
(23)
Media Store.
(24)
Music Shop.
(25)
Package/Liquor Store.
(26)
Pet Grooming.
(27)
Pet Store.
IM
Ordinance No. 1163 - 11 December 2002
(28)
Printing Shop.
(29)
Restaurant with only incidental alcohol sales.
(30)
Tavern with prepared food service.
(31)
Shoe sales and repair.
(32)
Sporting goods.
(33)
Stationery store.
(34)
Tailor.
(35)
Children's Toy Store.
(36)
Video Store.
B. Office
- professional offices that comply with the City's B-4 zoning
classification
as set forth in Ordinance No. 557 and in effect on the date
hereof.
3. The residential uses that shall be allowed in Village North shall be strictly limited to
the following:
A. Single family dwellings, as shown on the Site Plan.
B. Multi -family dwellings, as shown on the Site Plan.
C. Townhomes, as shown on the Site Plan.
4. All development of Village North shall be accomplished in compliance with the
City's Lighting and Landscaping requirements, and, to the extent not otherwise
inconsistent with this Exhibit B, the City's Subdivision Regulations.
5. All commercial buildings shall be subject to the square footage set forth in the Site
Plan.
6. At least one tenant/occupant in Building 8 in Parcel H, as shown on the Site Plan,
shall be a grocery store.
7. Ingress/egress across from Plantation Pines shall be limited to right in/right out.
8. All commercial buildings shall have four-sided architecture so that they are
pedestrian friendly. Four-sided architecture means that all sides will be designed
using similar materials, in similar proportions, and with the same design intent.
9. All garages must face an alley. In the event that, because of site design reasons, a
garage cannot face an alley, the garage shall be detached and set in the rear yard.
B-8
Ordinance No. 1163 - 11 December 2002
10. For purposes hereof, a garage shall be deemed to be detached if it shares no
common wall with the main structure.
11. There shall be no breach of the buffers along U.S. 98/Greeno Road, Section Street,
Route 104, Scenic 98 or Fly Creek, unless such breach is accomplished with a
landscaping plan approved by the City's horticulturist, in his/her sole discretion.
Said buffers shall be as follows:
A. 40-foot buffer along Route 104;
B. 50-foot buffer along U.S. 98/Greeno Road;
C. 40-foot buffer along Scenic 98;
D. 100-foot buffer along Fly Creek.
12. The building height for all buildings constructed in Village North shall not exceed
35-feet as measured from the finished floor to the average between the eave and the
ridge of the roof, except as specifically provided as follows:
A. The height of any buildings constructed on Parcels A and B, as shown on
the Site Plan, shall not exceed 35-feet, as measured from the average
between the eave and the ridge from grade; and
B. The height of Building 1 in Parcel F and Building 9 in Parcel H, as shown
on the Site Plan, shall not exceed 25-feet, as measured from the finished
floor to the average between the eave and the ridge of the roof.
13. The roadway improvements deemed by the Traffic Study to be necessitated by the
Village North development, and recommended in the Traffic Study, shall be
constructed by and at the expense of the developer of Village North. In accordance
with this standard, the developer shall not be responsible for constructing or the
cost of construction of the proposed light at the intersection of North Section Street
and U.S. Highway 98 or the large roundabout at the intersection of North Section
Street, Alabama Highway 104, and Scenic Highway 98.
14. In accordance with subparagraph 4 of paragraph F of Ordinance No. 1087, at least
30 days prior to the commencement of construction of each phase of Village North,
the developer shall provide to the City's Director of Planning and Building (the
"Building Official") a detailed site plan for the construction of each such phase as a
prerequisite to the issuance of any building permit by the City. The determination
of whether to issue any such building permit based upon such site plan shall be in
the sole discretion of the Building Official, and such determination shall be based
upon an evaluation of the following non-exclusive list of items prior to the
commencement of construction of each new phase:
A. Shared parking among parcels;
B. Setbacks;
Ordinance No. 1163 - 11 December 2002
C. Placement of dumpsters; and
D. Screening.
15. The pedestrian access between Parcels K and J identified on the Site Plan (between
lots 26 and 27) shall be a pedestrian easement.
16. Any detached residential buildings shall have a minimum 4-foot setback from all
right-of-ways.
17. If a proposed modification does not violate any of the below enumerated conditions,
such modification will be considered a "slight modification" for purposes of
Ordinance No. 1087:
A. A modification cannot increase the total square footage of retail and office
use within Village North, however square footage can shift from one parcel
to another so long as the square footage within any given parcel does not
increase or decrease by greater than 15%.
B. A modification cannot increase the total number of homes permitted within
Village North, however density can shift from one parcel to another so long
as the density for any given parcel does not increase or decrease greater than
15 %.
C. The total amount of designated open space (for active and passive
recreational use) shall be no less than 30 acres.
D. The location of land uses (i.e., retail along Section Street, office and multi-
family along Greeno Road, residential and institutional along State Route
104 and Scenic 98) shall not change.
E. The permissible square footage for any given retail or office building shall
not increase or decrease greater than 15%.
F. Setbacks can be modified up to 10% to account for unique site conditions or
design advantages.
G. The character of Village North will remain a TND with interconnected
streets (as opposed to cul-de-sacs).
H. The location of Parcels D and G can shift up to 100 feet in any direction to
account for unique site conditions that are not known at this time provided
that such shift does not materially alter the basic block configuration or
character of the development, and provided such shift does not cause any of
the other conditions to be violated.
I. The main access off North Section Street to both the north and south will be
constructed with a roundabout as described in Section I.11 hereof and enter
onto parkland.
B-10
Ordinance No. 1163 - 11 December 2002
EXHIBIT "C"
SITE PLAN
Immediately following this page is a true and correct copy of the Site Plan, as
referred to in the Ordinance to which this Exhibit "C" is attached.
Land Use Tabulation
ParcelA L 8 Acres)
• 50.000 s.f. commerdal
• 50 Muk4Famsy Apartments
• 045 Parking spaces
• BWIOIn, 1. 10,000 s.l. retail and 20 amps
• Su..2. 10,000 s.l, rotstl snd 20 units
• BuWing 10,000 a.f. Islas and 10 units
. Bu atg 4- ] atory,10.000 V. am" each noon
• Avenge Unit Size 1,000 3.f.
Parcel B (± 11 Acres)
• 154 MuIU-FarNy Apartments
.3
Oa Puking aps's
susdring 1.24 unit.
• tg 2. 10 units
• Building ]- 22 units
• Building 4. 24 units
• Buadlrg 5. 18 units
• Bukding 0.7-24 units each
• Averopa Unit Size 1.200 s.f.
Parcel C (+ S Acres)
• Educational; reUremanV assisted Uvinp/ manapa0 care;
raaeallon; ra0gleus; government; and public �:sas.
Not to .."ad Some, s.f.
Parcel D (± 6 Acres)
• Park
SWM
r
J
Public Right -of -Way
Standard
5' 9' 1' I � 1
n
September 18, 2002
0 50 100 200 400
e
21
0
. Parcel E (± 12 Acres)
• 07 Total homes
20 SFD, a,000..f. Lots, Raw Garages, 2.5 parking
$P.cea/ home
• 47 SFA, 20-]0 a. vnde T0Wnho net, Rear Garages,
. 2.5 Parking 8PacW home
Parcel F (± 3 Acres)
• 40.000 s.f. Conveercial
• 172 Parking Spaaea
• 40 Muk4 Family ApLs. above Commercial
• 88 Parktg Spaces
0 1— 7.000 J. roI.k
• 13nd uadirg 2—15,000s.f. rolap a15 units
• updkg ] — 6,000 s.f. retail and 15 urdt,
• Su
4—10.000 a.(. retail and 10 units
• Average Apartment Unit Size 1.000 a.f.
Parcel G (+ 3 Acres)
• Park
Parcel H (t 5.5 Acres)
• 47,000 s.f. Commercial
• 228 Parking Spaces
• 48 Muil4F—dy Apia. above Commercial
• 70 Parking Spaces
• Bukding 5—10,000 s.f. rotes one 10 units
' Building a — 6,000 s.f. row one a units
• Building 7— 7,000 s.f. rotes and 14 units
• Busekg e— 18,000 0- retail one 18 unks
• Sueding 9—e,000 s.f. raw
• Average APartment Unk Size 1.000 s.f.
L
m
.� M
M
Morris & Ritchie Associates, Inc.
SWM
Parcel I L 5.6 Acres)
• 37.000 e.f. co merdel
Apantmenul
24882
2448 Parkkg spaces
• Buptarg 1-24 Unks
• Building 2-12 unks
• SWkgM ]-8 units
• Bt1104g 4 —12 units
• BulAp 6-12 units
• BuO lloo 6-14 units
• Building 7— 8 story, 7,000 aJ. om� NW BOOT
• AvUMM Una=. 0.000 s.f.7.000 s.L Y" Ooor
200 a.(.
Parcel J L 1.5 Acres)
• 1e 8FA, 30 6 -8 Townhomes, Rear Garages,
2.5 parking spscesalome
Parcel K + Z3.6 Acres)
• 57 BFD, 10,000 s.f, rots. Racer Garages,
2.5 Prtdo ag spacasllwme
Parcel LL 7 Acres)
• Pant
Public Roads and Open Space (:16 Acres)
514 Total Homes Proposed
180,000 of CommerClal Proposed
1
O
� ) U
�I
. Q
1P
9 A
5 4 f!a
s
C.
r �
SWM
�� � � 'e•aal . a
STATE ROUTE.104
SITE PLAN
Village North
F a I r h o p is A l a b a m a
11�3