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Home My WebLink AboutO-1376ORDINANCE NO. 1376 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE TO AMEND ORDINANCE NO. 1322: A PLANNED UNIT DEVELOPMENT KNOWN AS NORTH VILLAGE AT STONE CREEK; TO APPROVE A SITE PLAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The City of Fairhope has approved a request to zone property to a PUD - Planned Unit Development to be known as North Village At Stone Creek on the 22°d of May 2006. Stone Creek, LLC made the application to amend said ordinance, and After appropriate public notice and hearing, the Planning and Zoning Commission of the City of Fairhope, Alabama, has forwarded a favorable recommendation to the City Council for amendment of Zoning Ordinance No. 1253 as set forth herein; The property of Stone Creek, L.L.C. is located north of Stone Creek Subdivision, west of State Highway 181 (aka County Road 27). NORTH VILLAGE AT STONE CREEK TAX PARCEL 46-07-26-0-000-002.000 Legal Description: (Case Number ZC 08.09) COMMENCE AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; RUN THENCE NORTH 88 DEGREES 13 MINUTES 09 SECONDS EAST FOR 40.02 FEET TO THE EAST RIGHT-OF-WAY OF STATE HIGHWAY NO. 181 (AKA CO. RD. 27) FOR THE POINT OF BEGINNING; RUN THENCE SOUTH 89 DEGREES 46 MINUTES 21 SECONDS EAST FOR 1300.51 FEET; RUN THENCE SOUTH 00 DEGREES 06 MINUTES 19 SECONDS WEST FOR 20.00 FEET; RUN THENCE SOUTH 89 DEGREES 46 MINUTES 21 SECONDS EAST FOR 1320.47 FEET; RUN THENCE SOUTH 00 DEGREES 06 MINUTES 16 SECONDS WEST FOR 950.11 FEET; RUN THENCE SOUTH 85 DEGREES 25 MINUTES 32 SECONDS WEST FOR 450.84 FEET; RUN THENCE NORTH 65 DEGREES 35 MINUTES 06 SECONDS WEST FOR 626.63 FEET; RUN THENCE SOUTH 58 DEGREES 08 MINUTES 01 SECONDS WEST FOR 576.09 FEET; RUN THENCE SOUTH 10 DEGREES 27 MINUTES 59 SECONDS WEST FOR 174.95 FEET; RUN THENCE SOUTH 85 DEGREES 21 MINUTES 25 SECONDS WEST FOR 647.78 FEET; RUN THENCE SOUTH 86 DEGREES 33 MINUTES 54 SECONDS WEST FOR 435.25 FEET TO THE EAST RIGHT-OF-WAY OF SAID STATE HIGHWAY NO. 181; RUN THENCE NORTH 00 DEGREES 05 MINUTES 11 SECONDS EAST ALONG THE EAST RIGHT-OF-WAY OF SAID STATE HIGHWAY NO. 181 FOR 1312.16 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 63.61 ACRES MORE OR LESS. _ ac -w_ m �a U �' O .n U U o. w a O 2 oa z w Oo Ordinance No. 1376 North Village at Stone Creek Page — 2 — 1. That, in Case Number ZC 08.09 the property described below 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 as a PUD amendment; 2. That, the following amendments have been made to the PUD: Buffers: A thirty-foot (30') Wetland Buffer. Buildings: Thirteen (13) building footprints as indicated on the Site Plan. Multi -Family Units: 192 apartment units as indicated on the Site Plan. The Planned Unit Development (PUD), for North Village at Stone Creek, is hereby amended (Ordinance No. 1322). This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 and to use said premises for any use permitted or building sough to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure be erected only in compliance with such laws, including the requirements of Ordinance No. 1253. Severability Clause — if any part, section of subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date - This ordinance shall take effect upon its due adoption and publication as required by law. Adopted and approved this 12th day of January, 2009. ATTEST: g. �isa. Hanks, City Clerk µ 6 LJ . T{ATIMOPE PLANNING COMNUSSMN RNAL _ of -()I `i'ext Changc to Zoning Ordinance �M E�b -Pu Request for change of Zoning District By: Q S /C (� 1 (Applicant) Description and Map is attached I The Commission has held a public hearing on this matter prior to this final report and wishes to report to the rairhope City Council as follows: -—Wc Do) (Do Not) recommend the proposed zoning text changes as wise, expedient and necessary for the benefit of the City We find that the proposed zoning district change(Is) (Is Not) in conformity with the comprehensive 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 Voting Aye Voting Nay Abstain T C-* 5 A t Q t X FPA E / AiPA) —X Respectfully submitted: airman 8 91 FAIRI-IOPE PLANNING COMN SSION FINAL REPORT OF ZONING: Text Change to Zoning Ordinance M F-IVb i�Cl Q Request for change of Zoning District �Wn B S ,cILA ct�AcA e e, i 1pq (Applicant) Desci-iption acid Map is attached The Commission has field a public hearing on this matter prior to this final report and wishes to report to the rairhope City Council as follows: A —We Do) (Do Not) recommend the proposed zoning text changes as wise, expedient and necessary for the benefit of the City We find that the proposed zoning district change Is) (Is Not) in conformity with the comprehensive 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 Voting Aye Voting Nay Abstain t a puO r-Q—, JI Dt Respectfully submitted: c), Ciairman CITY OF FAIRHOPE CITY COUNCIL COVER SHEET November 7, 2008 ZC 08-09 Request of Steve Pumphrey of Volkert and Associates, Inc. to amend the North Village at Stone Creek PUD. The property is located on the east side of Highway 181, just southeast of where County Road 44 meets Highway 181. STAFF INTERPRETATION: The subject property is located in the City of Fairhope and is zoned PUD (Planned Unit Development). This property contains approximately 63.61± acres. The applicant is proposing to modify the previously approved and amended North Village at Stone Creek PUD. The Planning Commission conducted an Informal Review of the proposed amendment on August 4, 2008. The applicant is requesting to change the residential layout for North Village at Stone Creek (Lot 4). The proposed amendments do not affect the commercial layout of the project. The previously approved Site Plan shows 110 residential units at 1.73 units per acre. The units are arranged in a townhouse -like fashion, with two (2) to four (4) connected units positioned throughout lot 4. The - ----__ previously amended p� ows a enty-foof(20' wetlands b er; f e newly proposed plan indicates a thirty-foot (30') buffer, bringing the site into compliance with the City's new Wetland Buffer requirements. The approved plans show 110 condo units, whereas the proposed amendment includes 192 "luxury scale apartments" at a density of approximately three (3) units per acre. The approved plans show 36 building footprint areas covering a large percentage of lot 4. The proposed drawings show 13 building footprint areas with a small reduction in impervious building coverage for lot 4 (23% to 22%). Proposed residential building height has not changed from thirty-five feet (35'), and the amenity area has been moved to a more central location. Staff contacted ALDOT regarding the increase in density and the potential increase in traffic along Highway 181. Nick Amberger of ALDOT stated that ALDOT has approved the traffic conditions and structures for the development and they do not have any further comments relating to the proposed amendment. The applicant has agreed to construct 25% of the parking spaces with pervious materials, which will increase the percentage of pervious area for the site. The pervious parking areas are not currently identified on the Site Plan. PLANNING COMMISSION RECOMMENDATION: With 5 aye and 2 nay votes The Planning Commission recommends the City Council approve the amendment to the North Village at Stone Creek PUD contingent upon the following conditions: 1. A sidewalk shall be placed/routed in front of all the units circling the development, and shall connect to the abutting phase of development to the east. 2. In addition to existing natural vegetation, heavy landscape materials shall be used in the north property line buffer area. 3. Parking lot islands shall be arranged in a way that works for maximum tree preservation. The Tree Survey indicates several trees that can be saved if a few parking lot islands are re -arranged. 4. A minimum of 25% of the proposed parking spaces shall be constructed of pervious pavers, or a pervious material approved by staff. Installation of pervious materials shall comply with all applicable industry standards relating to installation and maintenance. The applicant shall submit a maintenance plan for the type pervious material used. The pervious materials used shall be consistent with the underlying materials at the site. 5. Unless specked in this ication and site plan, all other of the Norm visage at Stone Lreek shall remain in compliance with the approved PUD plan (amended and approved by the City Council November 13, 2006; ZC 06-17). Respectfully Submitted for Consideration, Jonathan Smith Planner City of Fairhope B. Gregg Mims Planning Director City of Fairhope The Planning & Zoning Commission of the City of Fairhope met Monday, October 6, 2008 at the City Administration Building 161 N. Section Street in the Council Chambers Present: Jean Wilson, Chairman; Dan McCrory, Bob Clark, Dick Charles, Lee Turner, Fran Slade, Debbie Quinn. Chris Gill, Attorney; Jonathan Smith, Nancy Milford, Planning Staff; Betty Rivenbark, Secretary. Absent: Tim Kant, Gary Moore, Gregg Mims, City Planner The minutes of the September 2, 2008 meeting were duly approved on motion by Dick Charles, 2nd by Bob Clark, motion carried with one abstention by Debbie Quinn. The Chairman recognized Council Member Debbie Quinn. Item SR08-01 was withdrawn from the agenda. ZC08-09 Public hearing amendment request for North Village at Stone Creek PUD. The property is located on the east side of Highway 181 just southeast of where County Road 44 meets Highway 181. Jonathan Smith gave the staff report saying the applicant is requesting to change the residential layout for North Village at Stone Creek Lot 4. The proposed amendments do not affect the commercial layout of the project. The previously approved Site Plan shows 110 residential units at 1.73 units per acre. The units are arranged in a townhouse like fashion with 2 to 4 connected units positioned throughout lot 4. The previously amended plan shows a 20 ft wetlands buffer, and the newly proposed plan indicates a 30 ft buffer bringing the site into compliance with the new Wetland Buffer requirements in the Subdivision Regulations. The approved plan shows 110 _ condo units and the proposed amendment_irlcktde�192_luxury_scale apartments at a density of approximately 3 units per acre. The approved plans show 36 building footprint areas with a small reduction in impervious building coverage for lot 4(23% to 22%)/ The proposed height will remain 35 ft. and the amenity area has been moved to a more central location. ALDOT was contacted regarding the increase in density and they stated that the traffic conditions and structures for the development have been approved and they do not have any further comments regarding these amendments. He said the applicant has agreed to construct 25% of the parking spaces with pervious materials which will increase the percentage of pervious area for the site. Staff recommends approval contingent upon the following conditions: A sidewalk shall be placed in front of all the units circling the development and shall connect to the abutting phase of development to the west. 2. In addition to existing natural vegetation, heavy Planning-& Zoning Commission October 6, 2008 — Page Two landscape materials shall be used in the north property line buffer area. 3. Parking lot island shall be arranged in a way that works for maximum tree preservation. The Tree Survey indicates several trees that can be saved if a few parking lot islands are re -arranged. 4. A minimum of 25% of the proposed parking spaces shall be constructed of pervious pavers, or a pervious material approved by staff. Installation of pervious materials shall comply with all applicable industry standards relating to installation and maintenance. The applicant shall submit a maintenance plan for the type pervious material used. The pervious materials used shall be consistent with the underlying materials at the site. 5. Unless specified in this application and site plan, all other aspects of the North Village at Stone Creek shall remain in compliance with the approved PUD plan (amended and approved by the City Council November 13, 2006 ZC06-17) Steve Pumphrey of Volkert and Associates spoke on behalf of the applicant giving an overview saying lots 1,2,3 are the same, have not changed, height has not changed, they have created more buffer on the north side, more parking but more pervious material. He offered to answer questions. The public hearing was opened and Mac McCauley asked about the height and was told 35 ft. The public hearing was closed and Dick Charles asked about parking and was told 2 planned for.each unit and 8 extra at clubhouse. He questioned if that was enough. Jean Wilson questioned if it was affordable for working people in Fairhope. Further discussion led to a motion by Dick Charles to recommend approval to the City Council with five staff recommendations as set out above. Lee Turner 2"d the motion and it carried with two no votes by Jean Wilson and Fran Slade. SD06-38 Preliminary Plat approval extension for Stone Creek Subdivision, Phase II. The property is located on the east side of Highway 181 just south of Twin Beech Road. Nancy Milford gave the staff report saying the property is located inside the City and -is zoned PUD. It contains approximately 34.75 acres and 66 lots are proposed. Proposed density is .53 lots per acre. The preliminary plat approval was granted by the Planning Commission on November 6, 2006. Staff recommendation was to approve subject to twelve minimum changes now in the new subdivision regulations being adhered to, as follows: 1. The most current ISO requirements for fire flow 2. Articles of Incorporation 3. Drainage Requirements (a letter and/or revised drainage plan stating that the new drainage requirements have been met.. This documentation shall include a watershed map 4. BMP Treatment (a letter stating the requirements will be met) 2 Page 4 of 6 APPLICATION FOR ZONING DISTRICT CHANGE Property Owner Information Name: PAT A C H M Phone Number: 19 6 a Street Address: POST OPFIGF BOX 11146 City: FAI{-HOPE State: AL- Zip: 36533 Applicant / Agent Information If different from above. Notarized letter from property owner is required if an agent is used for representation. Name: SToN E L L G Phone Number: 25 L 9200 . 1 t 6 0 Street Address: POST O r-F I CS GO)( 11146 City: VAI RICO P E State: A 1- Zip: 36r, 3 3 Current Zoning of Property: P V Proposed Zoning/Use of the Property: 1Zi 51V1ENT1AL Property Address: STATE N 1G (4W AY i E51 Parcel Number: Property Legal Description: Reason for Zoning Change: MAIzkLT 0-1 V P-0 0 5r C i+AN 6PM00-I F I, 601,JboS To L )AV9-Y SGA Li= APA,12-TI'll E-NT Hvmt"'S Property Map Attached C YES NO Metes and Bounds Description Attached ES NO Names and Address of all Real Property Owners within 300 Feet of Above Described Property Attached. YE NO Character of Improvements to the Property and Approximate Construction Date: Zoning Change Fee Calculation See Fee Schedule Filing Fee: Certified Letters: Publication: Total: Certification: I ertify I am the property owner, or authorized nt, d at st that all facts are true and corre Signature: t, Date: abf 25 - 0d 08-26-08A08:22 RCVD