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HomeMy WebLinkAboutO-1742ORDINANCE NO. 1742 AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE TO AMEND ORDINANCE NO. 1596: A PLAN ED UN IT DEVELOPMENT KNOWN AS THE THOMASSON PUD ; TO APPROVE A SITE PLAN; PROVIDING A SEVERABILITY CLAU SE; AND PROVIDING AN EFFECTIVE D A TE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The City ofFairhope has approved a request to zone property to a PUD -Planned Unit Development to be known as Thomasson PUD on the 12th day of June, 2017 ; Burgess A . Thomasson , Jr. made an application to amend said ordinance and rename to the Montrose Preserve PUD ; and After the appropriate public notice and hearing of the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation, The property of Burgess A. Thomasson, Jr. generally located on the west side of US Hwy . 98 from the south side of Adams Street to just south of Ledyard Street, Fairhope, Alabama . TAX PARCEL 05-43-09-32-0-000-058.000 05-43-09-32-0-000-059.000 05-43-09-32-0-000-064.000 05-43-09-32-0-000-066.000 05-43-09-43-0-000-023. 000 Legal Description: (Case number ZC 21 .15) LOTS 2 AND 3 OF BLOCK ONE OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY , ALABAMA. AND B LOCK 18 OF THE VILLAGE OF MONTROS E AS PER A PLAT THEREOF RECORD ED IN DEED BO OK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA. AND ALL THAT PART OF BLOCK 19 OF THE VILLAGE OF MO TROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY , ALABAMA , LYING WEST OF U.S. HIGHWAY 98 . MORE PARTICULARLY D ESCRIBED AS FOLLOWS : BEGINNING AT A ONE INCH CRIMPED IRO PIPE AT THE ORTHWEST CORNER OF BLOCK 19 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN D EED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY , ALABAMA, AND RUN THENCE SOUTH 15 DEGREES 10 MINUTES 21 SECONDS EAST, ALONG THE WEST MARGIN OF SAID BLOCK 19 (AND THE EAST MARGIN OF 3RD STREET), A DISTANCE OF 667 .23 FEET TO A ONE INCH CRIMPED IRON PIPE AT THE SOUTHWEST CORNER OF SAID BLOCK 19; THENCE RUN NORTH 75 D EGREES 06 MINUTES 10 SECONDS EAST, A DISTANCE OF 20 1.20 FEET TO A ONE INCH CRIMPED IRON PIPE O N THE WEST MARGIN OF U .S. HIGHWAY 98; THENCE RUN ALO G THE WEST MARGIN OF SAID U.S . HIGHWAY 98 , THE FOLLOWING DESCRIBED COURSES : Ordinance No . 1742 Page -2- NORTH 02 DEGREES 44 MINUTES 09 SECONDS WEST, A DISTANCE OF 313 .93 FEET; SOUTH 86 DEGREES 59 MINUTES 57 SECONDS WEST, A DISTANCE OF 20.00 FEET TO A CAPPED REBAR (CA 1109LS); ORTH 02 DEGREES 35 MINUTES 46 SECONDS WEST, A DISTANCE OF 299 .79 FEET TO A CONCRETE MONUMENT; NORTH 86 DEGREES 50 MINUTES 18 SECONDS EAST, A DISTANCE OF 10 .00 FEET TO A CONCRETE MONUMENT; NORTH 02 DEGREES 48 MINUTES 02 SECONDS WEST, A DISTANCE OF 68 .62 FEET TO A CAPPED REBAR (CA 1109LS) AT THE INTERSECTION OF THE WEST MARGIN OF U.S . HIGHWAY 98 AND THE SOUTH MARGIN OF LEDY ARD STREET; THENCE RUN SOUTH 74 DEGREES 48 MINUTES 27 SECONDS WEST, ALONG SAID SOUTH MARGIN OF LEDY ARD STREET, A DISTANCE OF 339.02 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 4 .06 ACRES , MORE OR LESS. AND ALL THAT PART OF BLOCK 20 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, LYING WEST OF U.S. HIGHWAY 98. AND ALL THAT PART OF BLOCK 21 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY , ALABAMA, LYING WEST OF U.S . HIGHWAY 98 . AND ALL THAT PART OF BLOCK 22 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, LYING WEST OF U.S. HIGHWAY 98 . 1. That, Attached as "Exhibit A" is an approved site plan. The property must develop in substantial conformance with the approved site plan and supporting documents . Any substantial deviation from the attached site plan, as determined by the Planning Director, will require re-approval by the Planning Commission and the City Council of the City of Fairhope, Alabama, as a PUD amendment. 2. That, the following development regulations shall govern: Lots : There shall be 18 total lots . Use: Lots shall be single-family residential based on R-1 , Low Density Single-Family Residential District with exceptions listed within this Ordinance and on the site plan. Setbacks: • Front -40 ', Rear -35 ', Side -10 ', Street side -20'. Principal Structures: • Maximum lot coverage shall be 40%. • Building height shall not exceed 35 ' as measured per the City of Fairhope Zoning Ordinance . Fencing : • Walls or fences constructed or erected on any lot shall be of ornamental iron, wood, black painted metal , or masonry construction. No wall or fence shall be constructed from the front property line to the rear comers of the house. No fences may be constructed without the prior written approval of the Architectural Control Committee . Buffers : • All buffers labeled on the Site Plan shall remain natural, with the exception that where a visual buffer does not exist buffer plant materials shall be installed. Ordinance No . 1742 Page -3- Common Areas : All common areas labeled on the Site Plan shall remain undisturbed , except for minimal clearing to construct walking trails . Lot Access : All lots shall be accessed as prescribed on the site plan and shall be approved by the Authority Having Jurisdiction , as well approved by the City of Fairhope Public Works Director, prior to submitting for Prelimin ary Plat or any building permits . Limitations : • A preliminary plat shall be required that includes the entire acreage . At minimum , the preliminary plat shall provide street access to each of the 18 lots and be in substantial conformance with the street layout as proposed on the Master Site Plan . The preliminary plat shall be approved by the Fairhope Planning Commission prior to issuance of any building permits for any property located within the PUD . • If street access , in substantial conformance of the proposed Site Plan cannot be achieved within two years from the date of adoption, the approved PUD shall revert to the site plan approved in Ordinance 1956. The two-year time frame may be extended only by the City Council. • Connections to existing utility infrastructure shall be determined prior to application for preliminary plat. 3. That, any item not specifically outlined in this ordinance shall meet all City regulations and ordinances that govern development. The Planned U nited Development (PUD), Thomasson, is hereby amended (Ordinance o . 1596). Other than those exceptions prescribed within this Ordinance, th is property shall hereafter be lawful to construct on suc h property any structures permitted by Ordinance No . 1253 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Official of the City of Fairhope and that any structure be erected only in compliance with such laws, including the requirements of Ordinance No . 1253. Severabili ty Clause -if any part, section or 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 immediately upon its due adoption and publication as required by law . Adopted and approved this 14th day of February. 2022. By Qr!~~~ Ja I{eid conrr:, Council President Attest: B~~ City Cl rk Adopted and approved this 14th day of February. 2022. 1MI@IIJ1rt1r@§@ fPJil'@§@IrW@ An Ame ndment of The Thomason PUD of 2017 RIGKT-Of-WAY 0£TAll 2ndSlrfft,lrdSlrM!.londl.adyan:IStfHI SITE SUMMARY Total Area Tora! Lots Density Open Space Streets Max. H eight Max, Coverage Zoning Fencing 53.94 Ac 18 0.33 / Acre 15.55 Ac (28.8%) 2,982 L.F. 35 FL 40% PUD (R-1 B=) Walls or fences comauettd or trtttcd on :any Loe: shill be of ornamtncal iron, wood, bbck p~mttf metal or maionry corutrucrion. No wl or fence du.ll be COIUtructcd &om the &ont proptny line 10 the reir comen of the House. No fencn m.i.y be corum.icml without the p rior written :i.pprovil of t he Archi1ccrural Control Committf't. S hi 1 of 3 City of Fairhope City Council January 24, 2022 • • • ZC 21.15 -Montrose Preserve Project Name: Montrose Preserve PUD (Amendment) Site Data: 50 acres Project Type: PUD Amendment Jurisdiction: Fairhope Planning Jurisdiction Zoning District: PUD PPIN Number: 75979, 75980, 75981,59675, 75978 General Location: West of US Highway 98 across from the Rock Creek Subdivision Surveyor of Record: David Diehl, SE Civil Engineer of Record: Owner/ Developer: Burgess Thomasson/Larry Chason ------School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ Conditions Prepared by: Hunter Simmons • Legend '\jcoF Co,p. Llm!S B-2 -o.n .. 1 Buainell c»stw;t Page 4 of6 APPLICATION FOR ZON ING DISTRICT CHANGE Property Owner / Leaseholder Information Name: Burg ess Thomasson Phone Number: Street Address: 1912 Dauphin STree t City: Mo b ile State: =A=L __ _ Zip: 3 66 0 6 Applicant / Agent Informati on If different fro m above . Notarized letter from property owner is required if an agent is used for representation. Name: David Diehl PLS Phone Number: ~'=2=51~)~9~9~0~-6~5~6~6 _____ _ Street Address: 880 Holcomb Blvd Suite 2F City: Fairhope State: =AL~--Zip: ~3~6~5~32~ _______ _ Current Zoning of Property: P lanne d Unit Deve lopment Propo sed Zoning/Use of the Property: Pl a nne d Unit De v e lopme nt (Revisio n ) Property Address: Parcel Number: S ee a ttached ~~~~~~~----------------------- Property Legal Description: ~s~e~e~a=t ~t =a=ch=e=d~---------------- Reason for Zoning Change: To allow f or a deve l o pm ent o f a 18 Lot subdivision Property Map Attached Metes and Bounds Description Attached Names and Address of all Real Property Owners within 300 Feet of Above Described Property Attached. ~ NO ~ NO @§) NO Character of Improvements to the Property and Approximate Construction Date : Ex ist ing si t e is u n devel o ped. Propo sed residenti al ne igh b orhood t o be constructe d once a pproval s are g r anted. Zoning Fee Calculation: Reference: Ordinance 1269 I certify that I am the property owner /leaseholder of the above described property and here b y submit this application to the City for review. *If property is owned b y Fairhope Single Tax Corp. an authorized Single Tax representative shall sign ~cation. David Diehl (authorized agent} Q- Property Owner /Leaseholder Printed Name S ignature 10-24-2021 Date Fairhope Single Tax Corp . (If Applicable) Page 5 of 6 CERTIFICATION OF PROPERTY OWNER NOTIFICATION LIST As Required by the City of Fairhope Hearings on Zoning Change applications require notification to all property owners within 300 feet of the property under consideration for the change. This list must be the most current property owners' records available from the Baldwin County Revenue Office. By signing below, I David Diehl , (applicant) do hereby certify that the property owner list attached to this application was obtained from the Baldwin County Revenue Office and is a complete list of all real property owners/lessees within 300 feet of the parcel submitted for consideration by the Planning & Zoning Commission. Si&2pplicant or Authorized Agent 1 0 -24 -2 021 Date of Application Summary of Request: JYJ:~~11tllllit1'!' --- An Amendment of The Thoma~ D of 2017 S 11 3 David Diehl PLS, acting on behalf of the owner, Burgess Thomasson, request an amendment to the Thomasson PUD, originally approved in 2017 by Ordinance 1596. A copy of the Ordinance is included within the packet 1 ZC 21.15 Montrose PUD -December 6, 2021 along with the Staff Report and Minutes from the Planning Commission and City Council meetings. The developer is Larry Chason. While the approved PUD allows for 77 total lots, the proposed amendment proposes 18 single -family lots on the same acreage -53.94 acres . The gross density is .33 Units/Acre. Setbacks and other dimensional requirements, as well as uses, shall follow R-1, Single-Family Residential requirements. Building height is limited to 35' and total lot coverage is limited to 40%. Proposed fencing has special requirements as illustrated on the Site Plan . Comments: Originally presented in 2015 and approved in 2017, many revisions accommodating Commissioners as well as surrounding neighbors lead to the approved PUD . Central to those concerns were connections to existing public roads within Montrose. Consequently, the street layout of the Thomasson PUD, as adopted, is not consistent with the City's connectivity requirements, but did address neighbor's concerns and was unanimously approved by Commission and City Council. While reviewing recent development proposals for the subject property, staff agrees, in this case , connectivity to existing streets is not necessary and a PUD provides the proper tool to allow such exceptions and flexibility in design. Staff views the currently proposed development, with a reduced number of lots and the proposed use, as an improvement to the currently approved plan and would like to recommend approval, but the following considerations exist. Streets As proposed, only lots 1-3 will connect to internal streets within Montrose by way of the 3rd Street ROW. Staff reviewed different options for connecting to lots 4-14, and the proposed plan assumes the right-of-way can be vacated. The ROW's are currently Baldwin County's. At this time, staff cannot be assured the ROW's will be vacated, but are willing to explore that solution. Alternatively, the drive can be moved onto private property. Unfortunately, this is a causality dilemma, or a 'chicken or the egg' situation. Should the PUD be approved first, or the road accesses clarified? Because there is an existing PUD that conflicts with the proposed street layout as well the historic ROW's, staff believes approval of the PUD, as proposed, is appropriate, but assumes the general street layout, as presented, will be achieved with substantial conformance. Specifically, access to existing roads in Montrose are prohibited, access to lots 4-14 will require access from U.S. Hwy 98 and be approved by ALDOT, and lots 15 -17 will require access from Main Street and be approved by Baldwin County Highway Department. In the event the existing layout can not be achieved, staff believes a contingency should be in place. Under current regulatiqns, PU D's that expire revert to R/ A, Residential/ Agricultural District. Alternatively, conditions of approval can be utilized to ensure the proposed plan is achieved, including a prohibition on future applications and/or building permits until access is provided to all 18 lots, a reversion to the currently approved PUD (Ord. 1596), or other thoughts Commissioners may propose. Garbage and recycling will be provided by the City of Fairhope Public Works. All streets shall be approved by the Director of Public Works. Greenspace The current PUD, with 77 lots that were mostly 60' wide, provided buffers abutting existing residents in Montrose. In addition to the buffers, 18 acres were provided as common area and labeled as "Conservation 2 ZC 21.15 Montrose PUD -December 6, 2021 Easement". The proposed revision includes 13 .8 acres of greenspace, or 25 .6% of the proposed development, more than the 10% required . Staff asked if lot 18 could be included in the proposed common area as originally approved, but the applicant would like to retain lot 18 as a residential lot to offset the cost of reducing lot counts from 77 to 18. The City Council, ultimately, did not adopt Ordinance 1596 with a contingency that 18 acres of common space shall be placed into a conservation easement. The PUD site plan is sufficient to preserve the area as common area. Staff agrees, but clarifies, this does not prevent the area to be place into a conservation easement in the future. Like the approved PUD, a 20' undisturbed buffer has been provided on the north side of lot 1 adjacent to the Cemetery. If Adams Street is vacated, or otherwise left unimproved, an additional 66' undisturbed area will be provided. The approved PUD also included a 40' undisturbed buffer along Hwy 98. During reviews for the proposed development staff failed to ask the applicant to include this 40' buffer on a revised site plan but believes it to be important and suggest requiring it as a condition of approval. Utilities The subject property is serviced by the following utilities: Sewer-Fairhope Utilities Water -Daphne Utilities Power -Riviera Telecommunications -AT&T Utility infrastructure upgrades are likely. Typically, PU D's are followed by a prel i minary plat review to resolve infrastructure concerns. Conflicts with the current PUD aside, lots 1-9 currently exist and technically do not require preliminary/final plat. While lots 10-18 will require a subdivision to divide, those may be done in later phases. To ensure the proposed project is comprehens ively developed, including access, drainage, and utilities, staff recommends a mandatory preliminary plat the entire acreage that clearly illustrates approved street access to each of the 18 lots, along with any utility or drainage easements that may be required. Criteria -The application shall be reviewed based on the following criteria: {1} Compliance with the Comprehensive Plan; Response: Staff sees no conflict with the Comprehensive Plan. (2) Compliance with the standards1 goals1 and intent of this ordinance; Response: Staff does not anticipate any conflicts other than those mentioned above. (3) The character of the surrounding property1 including any pending development activity; Response: The surrounding properties vary in terms of zoning district classification. The adjacent property east of Hwy 98 is zoned Baldwin County RSF -2 to the north, City of Fairhope R-1 and Baldwin County RSF -2 to the west, and City of Fairhope R-1 and PUD and Baldwin County RSF -2 to the south . Lot 18 is adjacent to Trentino PUD and City of Fairhope B-2 to the south. The proposed development does not conflict with the character of the surrounding property. (4) Adequacy of public infrastructure to support the proposed development; Response: Future preliminary plat reviews shall confirm adequacy of public infrastructure . 3 ZC 21.15 Montrose PUD -December 6, 2021 (5) Impacts on natural resources, including existing conditions and ongoing post-development conditions; Response: Flood zones are present within the proposed common areas . Future preliminary plats will address the technical requirements of the City of Fairhope Subdivision Regulations. (6) Compliance with other laws and regulations of the City; Response: At the time of any redevelopment all applicable laws of the City will be applied . (7) Compliance with other applicable laws and regulations of other jurisdictions; Response: At the time of a redevelopment all applicable laws will be applied . (BJ Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and, Response: Assuming access can be provided, staff does not anticipate any issues that will not be address during preliminary plat reviews. (9) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: Again , accepting that street access will need to be clarified, staff cannot anticipate any significant issues relating to this criterion. Recommendation: Staff recommends Case: ZC 21.15 Montrose PUD Amendment be Approved with the following conditions: 1.) A preliminary plat shall be required that includes the entire acreage . At minimum, the preliminary plat shall provide street access to each of the 18 lots and be in substantial conformance with the street layout as proposed on the Master Site Plan . The preliminary plat shall be approved by the Fairhope Planning Commission prior to issuance of any building permits for any property located within the PUD. 2.) Street access to every lot shall be determined and approved by the Authority Having Jurisdiction prior to submitting for Preliminary Plat or building permits. 3.) Access from US HWY 98 shall be approved by ALDOT, and any required improvements shall be i nstalled solely at the Developer's expense . 4.) Access from Main Street shall be approved by Baldwin County Highway and any required i mprovements shall be installed solely at the Developer's expense. 5.) If street access, in substantial conformance of the proposed site plan cannot be achieved with i n two years, the approved PUD shall revert to the Montrose PUD approved in Ordinance 1956. The two-year time frame may be extended only by the City Council. 6.) A 40' buffer shall be required on any lot abutting US HWY 98 . The area within the buffer shall be common area. 7.) The buffers shown on the plans, and those required by condition, shall remain natural, except for the allowance of plant materials to be installed where a visual buffer does not exist . 8.) Where a visual buffer does not exist wit hin buffer areas shown on the plan, or required by a condit ion of approval, plant materials shall be installed to provide a visual barrier. 9.) Any item not specifically outlined in the PUD Ordinance shall meet all pertinent regulations and ordinances, includ i ng, but not limited to, those outline in R-1. 10.) All streets, whether public or private, shall be approved by the City of Fairhope Public Works Director. 11 .) Connections to existing utility infrastructure shall be determined prior to applica t ion for preliminary plat . 4 ZC 21.15 Montrose PUD -December 6, 2021 12.) Any outside agency permits (ALDOT, Baldwin County, ADEM, etc.) required shall be obtained prior to submission of building permits. 13.) Designate the greenspace as a preserve. Applicant has satisfied this condition as shown in Exhibit A , the Master PUD Development Plan . 5 ZC 21.15 Montrose PUD -December 6, 2021 Mf@JlJlftJr@Sl~ JIDJr~~II'W~ An Amendmen t of The Thomason PUD of 2017 I' Ii • IUiHT-Of.WA'fOtTNL 1...i-,,-,1--~- SITE SUM MARY Tota1Area Tota1 Loo SJ.9~ Ac 18 Density 0.33 / Acre OP"n Spm, 13.8 Ac (25.6%) Streets 2,982 L.F. Max. Heig ht 35 Ft. Max. Cover.age 4°"' Zoning PUD (R-1 Blle) Fencing Wa!l1 « linen coranicud cw ttecrecl on any Loi M hf of omamrnail iron. wood.bl ackpa.iru<lmoulor,n-.y tOlllffUCtion. Nowallorfmathdb<t con1tructed &om dw fiora pn>pttty liTIII! tum, rnr ronwn of dw .._ No ,nc .. ,ma y b.c~w~d. prior wrintn appronl of dw Arooice<ninl ControlCommintt. Shi 1 of 3 Montrose Preserve ~~J"yjJ A Planned Unit Development & urve ing An Amendment to the Thomason PUD of 2017 Land Owner: The Thomasson Family c/ o Burgess A. Thomasson Jr. 362 Ridgelawn Drive West Mobil e, AL 36608 ll Page Site Map FIGURE 2A Overall Summary Montrose Preserve is a 53 .94 Acre Planned Unit Development previously approved February 6, 2017 as a 77 lot Residential development. The developer elected not to move forward with the development plans and is now requesting a PUD Revision to allow development of the property more in keeping with the large parcels as they exist today. 21 Page Parcel Legal Descriptions LOTS 2 AND 3 OF BLOCK ONE OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA. BLOCK 18 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA. All THAT PART OF BLOCK 19 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, LYING WEST OF U.S. HIGHWAY 98. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A ONE INCH CRIMPED IRON PIPE AT THE NORTHWEST CORNER OF BLOCK 19 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, AND RUN THENCE SOUTH 15 DEGREES 10 MINUTES 21 SECONDS EAST, ALONG THE WETS MARGIN OF SAID BLOCK 19 (AND THE EAST MARGIN OF 3RD STREET), A DISTANCE OF 667.23 FEET TO A ONE INCH CRIMPED IRON PIPE AT THE SOUTHWEST CORNER OF SAID BLOCK 19: THENCE RUN NORTH 75 DEGREES 06 MINUTES 10 SECONDS EAST, A DISTANCE OF 201.20 FEET TO A ONE INCH CRIMPED IRON PIPE ON THE WEST MARGIN OF U.S. HIGHWAY 98: THENCE RUN ALONG THE WEST MARGIN OF SAID U.S. HIGHWAY 98, THE FOLLOWING DESCRIBED COURSES: NORTH 02 DEGREES 44 MINUTES 09 SECONDS WEST, A DISTANCE OF 313.93 FEET: SOUTH 86 DEGREES 59 MINUTES 57 SECONDS WEST, A DISTANCE OF 20.00 FEET TO A CAPPED REBAR (CA 1109LS): NORTH 02 DEGREES 35 MINUTES 46 SECONDS WEST, A DISTANCE OF 299.79 FEET TO A CONCRETE MONUMENT: NORTH 86 DEGREES SO MINUTES 18 SECONDS EAST, A DISTANCE OF 10.00 FEET TO A CONCRETE MONUMENT: NORTH 02 DEGREES 48 MINUTES 02 SECONDS WEST, A DISTANCE OF 68.62 FEET TO A CAPPED REBAR (CA 1109LS) AT THE INTERSECTION OF THE WEST MARGIN OF U.S. HIGHWAY 98 AND THE SOUTH MARGIN OF LEDYARD STREET: THENCE RUN SOUTH 74 DEGREES 48 MINUTES 27 SECONDS WEST, ALONG SAID SOUTH MARGIN OF LEDYARD STREET, A DISTANCE OF 339.02 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 4.06 ACRES, MORE OR LESS. All THAT PART OF BLOCK 20 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, LYING WEST OF U.S. HIGHWAY 98. All THAT PART OF BLOCK 21 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, LYING WEST OF U.S. HIGHWAY 98. 3I Page ALL THAT PART OF BLOCK 22 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, LYING WEST OF U.S. HIGHWAY 98. Neighborhood Character Land Owner The Thomasson Family c/o Burgess A. Thomasson Jr. 362 Ridgelawn Drive West Mobile, AL 36608 Montrose Preserve consists of long standing parcels that are part of The Village of Montrose. Nearby lots within The Village of Montrose have been resubdivided and some have been combi.ned. There are several other residential developments in the area , such as Taylor Oaks , Forest Park, The Pleiades , and Ecor Dechene, with lots ranging from 20 ,000 square feet to about 1 acre. Along our northern boundary lies the Montrose Cemetery and Rock Creek lies across Highway 98 to the east . With a Base Zoning of R-1 underlying the PUD , The large estate lots proposed with th is PUD Revision range from 30,000 square feet to over 3 acres and are a suitable use to the surrounding area . 41 Page FIGURE SA Existing Zoning Nearby properties that lie in the Fairhope Corporate Limits are zoned R-1 and PUD as shown below . Properties that lie outside the Corporate Limits are zoned B-2, B-3 and RSF -2 in Baldwin County Planning District 16 as shown below. The Proposed Amendment to Montrose Preserve blends well into this mix of zones . A Base Zoning of R-1 underlying the PUD is proposed . Fairhope Zoning Sj Page Baldwin County District 16 zoning GI Page Relative Density The proposed single family lots in Montrose Preserve consist of lots 139 feet wide up to 208 feet wide and range from 30,000 square feet to over 3 acres. With a wide range of neighboring lots, ranging from one -half acre to 6 acres, the existing density is around 0 .82 units/acre. The proposed density with this revision is 0.33 units/acre, well in keeping with the surrounding area . Comprehensive Plan This property and the most of surrounding properties are recommended for Residential use by the "Preferred Land Use Plan" as outlined in the 2015 Comprehensive Plan . Our development is in harmony with the Comprehensive Plan . -' Development Timeline FIGURE 7A Preferred Comprehensive Plan Developer hopes to obtain approvals for the Planned Unit Development Revision by January 2022, and will follow up with Preliminary Plat submittal by February 2022. Montrose Preserve will have an estimated overall construction completion time of 6 to 9 months, with anticipated build-ready lots by December 2022. Portions may be submitted in Phases to speed up the timeline and provide Lots sooner. 71 Page Home Ownership Homes will be privately owned with no anticipated leasing. No house plans are proposed with this revision but given the nature and cost of the Lots, estate type homes are envisioned . Land Use 100% of the single family lots will be privately owned, single family residential. The Common Areas will remain private and will be solely for the use and enjoyment of the Montrose Preserve residents. Maintenance of the Common Areas shall be the responsibility of the Home Owners Association . Streets will be constructed 16 feet wide to minimize impacts and provide an estate feel. Greenspace The site will have 13 .8 acres of greenspace, or 25% of total site . """""""' 8j Page FIGURE lOA Utilities Fairhope Utilities will Sewer for Montrose Preserve and Daphne Utilities will provide water. Riviera will provide Power and AT&T will provide telecommunications for the development. Pedestrian Circulation With such large Estate Lots, pedestrian circulation will be provided with the 18 foot wide asphalt roadways throughout the development. Lighting Streetlights will be standard Acorn style lights, 18 feet high, at a maximum of 300 foot spacing along roadways . Accessory Structures/ Equipment Accessory structures will be permitted as per standard R-1 residential zoning regulations regarding location, percentage of coverage, and setbacks from property lines . Exterior AC units and generators (if elected) will be screened from street by landscaping . Fencing Fencing will not be constructed with initial construction . Individual Owners may elect to install fencing. Walls or fences constructed or erected on any Lot shall be of ornamental iron, wood , black painted metal or masonry construction. No wall or fence shall be constructed from the front property line to the rear corners of the House . No fences may be constructed without the prior written approval of the Architectural Control Committee . Parking Parking will be provided for each residence with construction of the homes . A minimum of 3 spaces shall be provided for each residence including driveways and garages. ATTACHMENTS Sht 1 of 3 Sht 2 of 3 Sht 3 of 3 PUD Master Plan Boundary Survey Aerial Overlay 9I Page From: To: Subject: Date: lal7245@reaaan.com Qlannirui PUD Amendment case :ZC21.15 Saturday, November 27, 2021 2:52 :57 PM SENT FROM AN EXTERNAL ADDRESS Dear Ms. Knutson: I distinctly remember the issue of this PUD coming up approximately 3-4 years ago. We were opposed to it then for a multitude of reasons , and our position has not changed. Nothing could do more harm to our property values than this PUD . We do not want any cut-through streets in our beautiful Montrose nor the inescapable influx of unanticipated amounts of traffic and people wandering around that none of us know or have probably never even seen before . This is a terrible idea being perpetrated against the citizens and long-time inhabitants of this beautiful area . We moved here 41 years ago from Mobile to get away from this kind of "neighborhood planning" and never want to see it here, not ever. Thanks for listening . I would appreciate it very much if you would let us know that you received this E- mail and have noted our concerns . Sincerely , Lawrence Lenzi Francoise Lenzi From: To : Subject: Date: lal7245 @reagan com l2ianni.□g PUD ZC2 1.15 Saturday , November 27, 2021 6 :26 :38 PM SENT FROM AN EXTERNAL ADDRESS Dear Ms. Knutson: I forgot to include our address. We live at 7245 Rock Creek Drive Fairhope , AL 36532 Sincerely, Lawrence Lenzi Francoise Lenzi February 6, 20 I 7 Planning Commission Minutes The Planning Commission met Monday, February 6 , 2017 at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Lee Turner, Chairperson; George Roberds, Vice-Chair; Jemrifer Fidler; Bernie Fogarty; Bob Clark; Ralph Thayer; David Martin; Jimmy Conyers; Jonathan Smith, Wayne Dyess, Planning Director; Nancy Milford, Planner; Emily Boyett, Secretary; and Ken Watson, City Attorney Absent: Hollie MacKellar Chairman Turner called the meeting to order at 5:02 PM and announced the meeting is being recorded . Mr. Turner introduced Wayne Dyess to the Planning Commission as the new Director of Planning. The minutes of the January 3, 2017 meeting were considered and Bernie Fogarty moved to accept the minutes as written and was 2 nd by Ralph Thayer. The motion carried with one abstention by Bob Clark. ZC 15.12 Public hearing to consider the request of Larry Chason to rezone property from R-1 Low Density Single Family Residential District to PUD, Steve Pumphrey. The property is located on the west side of US Hwy. 98 across from the entrance of Rock Creek. Mr. Smith gave the staff report saying the property consists of approximately 53.94 acres and 77 single family lots are proposed. The applicant is proposing 3 different size lots for a cluster style design . The proposal includes approximately 29.92 acres of open space and one acre of detention area, for a total site density of approximately 1.4 units per acre. Staff recommendation is to approve the proposed PUD zoning contingent upon the following conditions: 1. The buffers shown on the plans shall remain natural , with the exception of the allowance of plant materials to be installed where a visual buffer does not exist. 2. Where a visual buffer does not exist where buffers are shown on the plans, buffer plant materials shall be installed . 3. Any outside agency permits required shall be obtained (ALDOT, Baldwin County, ADEM, etc.) 4 . Any item not specifically outlined in the PUD ordinance shall meet all City regulations and ordinances that govern development. ~-Pumphrey addressed the Commission saying the design is completely single family residential. He expl ained the design is a mix of lots with buffers and most of the site being left natural. He said the applicant is not proposing to open the existing right-of- ways or connect to the streets in Montrose. Their request includes reduced setbacks, 35' building height, and 40% o f lot coverage. Mr. Turner opened the public hearing. Debbie Quinn of 7172 Taylor Street -She spoke in support of the request and thanked Larry Chason for working with the residents of Montrose on this proposal. She said the l ots are small but the houses can be as large as 2 ,500 to 4 ,000 square foot. She had questions and concerns with the area labeled "Conservation Easement" regarding maintenance and acceptance. She also requeste d a third-party review of the drainage be completed when the time comes. 1 February 6, 2017 Planning Commission Minutes Diane Thomas of23389 Main Street -She spoke in favor of the request and thanked Mr. Chason for listening to the requests of the Montrose residents. She had questions regarding ownership of the conservation easement and asked who will provide the sewer. Linda McCullough of 7388 Taylor Street -She spoke in opposition of rezoning the property from R-1. She stated concerns with drainage, sewer, access, and traffic. Martin Pitts of 7225 Ecor Dechene Court -He spoke in favor of the request and said it will allow him access to the rear of his property to maintain the existing drai nage way. Wayne McCullough of 7388 Taylor Street -He asked that 2nd Street not be opened. Paul Klutes of 108 Alsway Court -He asked that 2nd Street not be opened. Debbie Quinn of 7172 Taylor Street -She stated the proposal does not include opening 2nd Street. Lynn Barnes of 23950 3rd Street -She asked what size homes will be built and what price point. Clay Rankin of Taylor Oaks Property Owners Association -He asked if the site will be bound by the specific plan proposed tonight. Mr. Turner responded a specific plan is approved with a PUD but it does not prevent the property owner from coming back before the City to amend it as many times as they want. :Mr. Rankin said the residents do not want 2nd Street opened. Mr. Turner stated 2nd Street is a County right-of-way and it would be up to the County to open it or not. Larry Lenzi of 7245 Rock Creek Drive -He stated concerns with the drainage and potential flooding of Rock Creek and the adjacent properties. Steven Cook of7335 Wild Oaks Road -He spoke in opposition of the zoning change request. He stated concerns with drainage and traffic. Bill Smith of 23591 3 rd Street -He asked if the lots will have septic tanks or sewer. Mr. Turner responded sewer service will be required. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Chason addressed the comments saying the engineer took the comments from the previous meetings and worked with the residents to design this development. He stated the proposed density is less than the R -1 requirements but the lots will still allow a footprint of 2,700 square feet to be built. He said the cost of the lots will dictate the size and type of house built. Mr. Chason said they are building their own roads and not opening any of the existing right-of-ways. He explained the section of r oad to be constructed on 2 nd Street will only be a hanunerhead turnaround and will not open 2 nd Street to connect to Taylor Street. He said the conservation easement and the trails will be owned by the Property Owners Association of the development and under their control. Dr. Thayer asked if the applicant plans to build the development and will there be architectural guidelines for the houses and Mr. Chason stated they are only seeking to have a site plan approved but there will be guidelines to protect their investment. Dr. Thayer and Mr. Turner stated concerns with the conservation easement being controlled by the POA. Mr. Chason said they are open to other alternatives for the easement but the POA is the easiest option and it will be restricted to prevent development. Mr. Turner s uggested the City attorney review the conservation easement agreement as a condition of approval. Mr. Fogarty asked why staff recommends approval since there is a moratorium and Mr. Smith responded this request is land use and the applicant cannot move forward with plat approval until the morat orium is over. Mrs . Fidler asked for a comparison of the allowable density for R-1 and the proposed density for the PUD. Mr. Chason stated R-1 would allow approximately 80 lots and 77 lots are proposed in the PUD . Mrs . Fidler recommended the hammerhead be reviewed to verify it is large enough to accommodate 2 February 6, 2017 Planning Commis si on Minute s the City vehicles such as garbage and fire trucks. She added she would like to see connectivity but she understands the sttuation in this area Mr. Conyers reiterated there are 17 existing plotted lots but 80 lots would be allowed with the R-1 zoning and the applicant is not using the existing right-of-ways. He asked how the drainage will be handled on the north end of the property and Mr. Chason stated the drainage has not been studied at this time but it will meet the City's regulations. Jennifer Fidler made a motion to accept the staff recommendation to approve the proposed PUD zoning contingent upon the following conditions : 1. The buffers shown on the plans shall remain natural, with the exception of the allowance of plant materials to be installed where a visual buffer does not exist. 2 . Where a visual buffer does not exist where buffers are shown on the plans, buffer plant materials shall be installed. 3. Any outside agency permits required shall be obtained (ALDOT, Baldwin County, ADEM, etc.) 4. Any item not specifically outlined in the PUD ordinance shall meet all City regulations and ordinances that govern development. 5. The City attorney shall review the conservation easement to assure it is kept in perpetuity as a park. 6. The hammerhead shall be adequate to accommodate access of all service trucks for the property . Ralph Thayer 2nd the motion and the motion carried unanimously . SD 16.32 Public hearing to consider the request of Chris Haley for Multiple Occupancy Project approval of Portico, a 56-unit project. The property is located at the northeast corner of Fairhope Avenue and Brown Street. Mr. Smith gave the staff report saying the property is approximately 3 .52 acres and is zoned B-2 General Business District. The applicant is proposing 7 two-story buildings with 33 residential units and 23 commercial units. Mr. Smith cited the following issues with the proposal 1) it does not meet the City's minimum greenspace requirement of20' along Fairhope Avenue, 2) safety concerns with the proposed on-street parking, and 3) all comments from Larry Smith of S.E. Civil Engineering shall be satisfied . Staff recommendation states while the majority of the project layout appears to be o f good design, due to the is sues outlined in the staff report, staff is unable to support the application; however, if the Planning Commission and City Council approve the subject development as proposed or with any changes , staff recommends all of Larry Smith's comments be addressed. Mr. Haley stated he is a local developer and has been here for 15 years. He said the issues with the buffer and parking would not be a concern if the property was within the Central Business District (CBD) and he is asking for an exception . He explained he could have done a PUD but chose not to because the property is already zoned for what he is proposing. He said he has met with Mrs. Fidler and Mr. Smith regarding the landscaping and he is willing to enhance the greenspace. Mr. Haley cited multiple examples where the city already has 45 ° parking and said he does not understand why it is an issue for his sit e. He stated the traffic engineer he hired has approved the design . Mr. Turner opened the public hearing. Tony Taylor of 560 Fairhope Avenue -He stated safety concerns with the on-street parking for Fairhope Avenue. He said the 18-wheelers already have a difficult time turning into ACE Hardware . 3 February 6, 2017 Planning Commi ssion Minutes Bob Griffin of 203 Fairhope Avenue -He asked if the City's parking requirements are being met by the applicant and if there will be underground drains for retention. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Haley stated the on-street parking will not protrude into the lanes on Fairhope Avenue. He said he can't do anything about the 18-wheelers not being able to access ACE Hardware. Chr_is Lieb stated the site will incorporate 7 LID techniques and will make the drainage better for the area. Mrs. Fidler stated the surface water for this watershed drains through the subject property and she noted there are drains that run under the site. Mr. Lieb stated they are aware of the drainage through the site . Mrs. Fidler asked if the on-street parking will be public or private and Mr. Haley said it will be public. Mrs. Fidler said the design is superb but she supports the Tree Ordinance and the City needs to maintain the green canopy and greenspace requirements. She also noted safety concerns with the on-street parking. Mr. Clark asked if the main parking will be on-street parking and Mr. Haley responded no , the majority of the parking is in the northeast comer of the property. Mr. Turner commended the project and said he is fine with the on-street parking. He liked that the site keeps with the Downtown feel as long as it is not violating the Tree Ordinance. Mr. Roberds said this is a terrific project and he does not have a problem with the on-street parking. Mr. Martin asked what percentage the greenspace is increasing with the new design and Mr. Haley said he is not sure. Mr. Martin said it seems to be a huge increase of greenspace. Mr. Conyers said this is a great project and the on-street parking is not a concern. He stated the greenspace does not really start until east of Fairwood Blvd. He said the applicant can work with staff to address additional concerns. Mr. Haley responded he has been working with staff since May and it is his intent to have an attractive development. Dr. Thayer asked about building signage and Mr . Haley answered all signage will meet the sign ordinance requirements. Jimmy Conyers made a motion to grant a waiver to the greenspace and LID requirements. David Martin 2 nd the motion due to the amount of greenspace being provided throughout the entire project. The motion carried with the following vote: A YE-Bob Clark, Bernie Fogarty, Ralph Thayer, Lee Turner, George Roberds, Jimmy Conyers, and David Martin. NAY -Jennifer Fidler. David Martin made a motion to approve the multiple occupancy project with the following condition: 1. The applicant shall address all comments by Mr. Larry Smith of S.E. Civil Engineering. Jimmy Conyers 2nd the motion and the motion carried with the following vote: A YE-Bob Clark, Bernie Fogarty, Ralph Thayer, Lee Turner, George Roberds, Jimmy Conyers, and David Martin. NAY -Jennifer Fidler. SR 16.05 Request of Chris Haley for Site Plan approval of Portico, a 56-onit project. The property is located at the northeast comer of Fairhope Avenue and Brown Street. Mr. Smith gave the staff report saying the property is approximately 3.52 acres and is z oned B-2 General Business District. The applicant is proposing 7 two -story buildings with 33 residential units and 23 commercial units . Mr. Smith cited the following issues with the proposal 1) it does not meet the City's minimum greenspace requirement of20' along Fairhope Avenue, 2) safety concerns with the proposed on-street parking, and 3) all comments from Larry Smith of S.E . Civil Engineering shall be satisfied. Staff recommendation stat es while the majority of the project layout appears to be of good 4 February 6, 2017 Planning Co mmi ssion Minutes design, due to the issues outlined in the staff report, staff is unable to support the application; however, if the Planning Commission and City Council approve the subject development as proposed or with any changes, staff recommends all of Larry Smith's comments be addressed . Mr. Turner opened the floor to public comments. Gary Gover of 300 Lincoln Street -He cited concerns with the angled parking and the bicycle lanes on Fairhope Avenue. Chuck Earp of 550-A Mershon Street -He stated concerns with speeding on Fairhope A venue with the on-street parking. He asked if the spaces could be a little further into the property. Mayor Wilson addressed the Commission saying she is planning to have a Comprehensive Plan done for Downtown and just because the parking has been done a certain way does not mean we should keep doing it. She stated the parking is a hazard and there are multiple accidents daily due to the angled parking on Section Street and Fairhope Avenue. She recommended the applicant to be creative and work on the parking. Mrs. Fidler asked about the bicycle and pedestrian access and Mayor Wilson noted the City has adopted Complete Streets and this development needs to meet those requirements. Mr. Haley stated his traffic engineer has approved the design and said it meets the requirements for up to 35 mph. Mr. Martin asked if the parking could be converted to parallel and Mr. Haley responded parallel parking is more dangerous than angled parking. Mr. Conyers asked if the site meets the parking requirements without the on-street parking and Mr. Haley answered yes. Dr. Thayer stated he likes the project but hates the parking and he feels the project would not suffer without the on-street parking. Mr. Clark and Mr. Turner both said they like the project. Mr. Clark said backing out into traffic is a concern and Mr. Turner said maybe the parking will help with speeding. Jimmy Conyers made a motion to approve the request as presented. David Martin 2nd the motion and the motion carried with the following vote: A YE -Bob Clark, Bernie F ogarty, Lee Turner, George Roberds, Jimmy Conyers, and David Martin. NAY - Jennifer Fidler and Ralph Thayer. SD 17.05 Public hearing to consider the request of HMR, LLC for Final Plat approval of South Pointe at Fairhope, a 6-lot subdivision, Tim Lawley. The property is located on the north side of Pecan A venue and the west side of Section Street. Ms. Milford gave the staff report saying the property is approximately 2.44 acres and is zoned R-3 High Density Single Family Residential District with 6 lots proposed. Staff recommendation is to approve contingent upon the following conditions: 1. The applicant shall provide a 1 0' easement along the property lines with the 30" pipe to accommodate for maintenance of the pond and the drainage pipe. The setback for Lot 6 shall not be less than the drainage easement setback. 2. The applicant shall add the following notes on the plat clarifying the issues listed below: • Fences shall not be located in any of the drainage easements on the property as pipes in drainage easements require access for maintenance . • The water meters for Lots 2 & 3 shall not be moved per the City of Fairhope Water and Sewer Superintendent for maximum tree preservation. • The requirement for maintenance for the homeowner and the City of Fairhope existing pipe. 5 February 6, 2017 Planning Co mm issio n Minut es • No vertical or hardscape structure shall be located within the drainage easement on the north side of Lot 6. Mr . Turner opened the public hearing . Having no one present to speak, Mr. Turner closed the public hearing. Mrs. Fidler asked if they used a HDPE pipe on the site and Mr. Lawley responded yes , but not on the right-of-way. Ralph Thayer made a motion to accept the staff recommendation to approve contingent upon the following conditions: 1. The applicant shall provide a 1 O' easement along the property lines with the 30" pipe to accommodate for maintenance of the pond and the drainage pipe . The setback for Lot 6 shall not be less than the drainage easement setback. 2 . The applicant shall add the following notes on the plat clarifying the issues listed below: • Fences shall not be located in any of the drainage easements on the property as pipes in drainage easements require access for maintenance. • The water meters for Lots 2 & 3 shall not be moved per the City of Fairhope Water and Sewer Superintendent for maximum tree preservation. • The requirement for maintenance for the homeowner and the C ity of Fairhope existing pipe. • No vertical or hardscape structure shall be located within the drainage easement on the north side of Lot 6 . Bernie Fogarty 2nd the motion and the motion carried unanimously . Old / New Business The Commissioners thanked Jonathan Smith for his service to the City and wished him well with future endeavors . Having no further business, George Roberds made a motion to adjourn. Jimmy Conyers 2nd the motion and the motion carried unanimously. The meeting was adjourned at 7:01 PM. Lee Turner, Chairman 6 STATE OF ALABAMA )( COUNTY OF BALDWIN )( The City Council , City of Fairhope , met in regular session at 6:00 p.m ., Fairhope Municipal omplex Council Chamber. 16 I North Section Street , Fairhope Alabama 36532 , on Monday. 12 June 2017. 7415 Present were Council President Jack Burrell. Councilmembers: Jay Robinson. Jimm Conyer Robert Bro, n and Kevin Boone. Mayor Karin Wilson City Attorney Ma1ion E. Wynne and City Clerk Li a A. Hanks. There being a quorum present Council President Burrell called the meeting to order at 6:13 p.m. The invocation was given by Deacon George Yeend of St. Lawrence Catholic Church and the Pledge of Allegiance was recited . Council President Burrell stated there was a need to add on one agenda jrem after Agenda Item Number 18 : a Resolution that Andrew Richard Craze and Zachary Brendon Regan be added to the Fairhope Police Reserve. Councilmember Boone moved to add on the above-mentioned item not on the printed agenda. Seconded by Councilmember Robinson. motion passed unanimously by voice vote. Councilmember Con ers moved to approve minutes of the 18 May 2017, regular meeting· minutes of the 18 May 2017 , work session-and minutes of the 18 May 2017 agenda meeting. econded by Council member Brown motion passed unanimously by voice vote. Mayor Wilson addressed the City Council and said she would be attending the U. S. onference of Mayors in Miami Beach from June 23 2017 to June 26 , 2017. Mayor Wilson mentioned one or th session would be on broadband connectivity. Economic and Community Development Director Sherry-Lea Botop addressed the City Council regarding the Gulf of Mexico Alliance grant proposal. She commented the Tatumville Gulley Watershed area will be our focus; and our match can be given with in-kind services. Ms. Botop announced a community resilience index meeting being held Thursda evening which will run by someone from OAA. She said this meeting will be to identify needs and opportunities for the community. Lieutenant John Hamrick introduced Raymond Clark and A hley Carlisle to the City Council and Mayor as our newest Fairhope Police Officers. 7416 12 Jun 20 17 · T he followin g indi v id ual s s poke during Pu b lic Participation for Agenda Item : I) Debbie Quinn. 71 n Ta) lor Str ee t ad dre ssed th e ity Co un ci l on Agenda lt e1no. 6: an ordinance to amend Zo nin g Ordi11a11 e No . 1253 and to rezo ne th e prop erty of Burgess A. T homasso n . .Jr . rro m R-1 to PUD . Ms . Quinn said that the reside nt wo rk ed tir e less ly with Mr . Thomasson to gel thi s P D a it is no-.. .. he thank ed Mr. ha 011 and Mr. Thoma 011 f' r a ll of' the ir he lp with this deve lo pment. _) T. .l . Murph_, 204 Te n a, A e nu e, addre eel the it Co uncil o n Agenda Item No. 7: an ordinance to amend Ordinance o. I ·gg to extend Moratorium of the filing of ubdivi sion and Multipl e Occupancy Proj ec t Applications for 90 da y . He read over ·cv cral reason s for th e mor atorium : reque sted mor e information on agenda item s prior to meeting · and th e nee d to adopt a Ma ler Pl an. Planning Director Wa ne Dyess stated o ur major iss ue is utility capacity and lift tation s: Ma ster ompr hen ive Plan upd ated: ordinance s and reg ulations for to rmwater : and re ie, pr cess. Mr. Murph aid , e are losing the character of the C it. . Mr. Dye ·s aid th e omprehen s i e Plan is a guide and , ill be use d in our re icw proce ss. He rei t rated o ur ba s ic concern is o ur utilities. 3) Maggie Mosteller, re s id ent of Fairhope, addre · ed the City Co uncil and thanked eve ryone on the dais . M .. Mosteller said we ne ed a prayer for co nflict resolution . he said we voted for change: and need 10 res pec t changes that th Ma yo r will make I ward res pon s ibl e growth . She said we nee d to find a common ground to focu s on for th e Ci ty of Fairhope and mo ve be o nd the bickering ; and , ork together in harmo ny. Ms. 11 stell er aid God ha bl e eel 11 s , ith a beautiful to, n. o uncilm embe r Robin so n announced that on Thursday Friday. and Saturday Fairhope will be hosting an All-Star Base ball Tournament. He sa id another tournament will also be he ld th e following weekend and we need volunteers. Councilmember Robin 011 s tat ed tha t nobod y ha s been perfect up here the last si ' month ·. I-le said the citizen vo te d for change a nd for doing awa w ith a stagnant gove rnm e nt ; and " e need to he lp wi th rapid growt h. Co uncilmember Ro binson said the biggest concern \J as rapid growth ; and e need to take w hat we have a nd make it bette r. He said the St a te. ounty. and region look at us as an exampl e : and we need to try a nd be respectful at all tim es. Co uncilm e mbe r onyers sai d he re it era tes that the citizens voted for change, but we need to find a balance: a common ground . He mentioned the Fairhope En ironme ntal Ad isory Bo ard wants the Cl ean Marina policy included in the leases at th e ma rina and boatya rd he n these are red o ne . ouncilmember o nye rs stated that th e Lib rary Board w ill mt:e t ne xt week . ouncilmember Brown mentioned the C ity is looking at using the Dan Burd e n program for traffic iss ue s. He said , e need building maint e nance for our lon g-ra nge plans with a maint e nanc e schedule. 74 17 12 Ju ne 2017 ou nc il me m be r Boo ne an nounc ed th e P r o nn e l Board mee tin g will be he ld Thur sday a t 7: 15 a.m . and in vit ed ve ryone to joi n th em . Bi ll N ixon v ith Pi oneer Athl eti cs prese nt ed Recrea ti on Direc tor Tom Kuh l wi th th ·'Pie ld of E ·ce ll ence · a, ard fo r th e third yea r. Mr. N ixo n s ta ted there are over 5.000 e nt iti es that Pi o neer Atl1l eti c does bus in ess w ith ea ch yea r : and 1,5 00 ent itic ap pl fo r th is des igna tion . He said Fai rh o pe's fie ld is th e be t fie ld he has eve r walked on: and has bee n in Pionee r"s ca le ndar t-v ice a lrea d . Planning Director Wayn Dyess addres ed th e City Council and explained the propo s d rezone from R-1 to a Planned nit Deve lopment. He slat d laff supports the PUD, but does not agree with the adoption or th e ordinance being c ntingent with the con ·e rvation easement. Mr. Dyess stated the '· ite Plan·· would take care of this issu e , hich is between the developer and th e re ide nt . ou n ilm ember Bo one moYed for final ad ption of Ordinan ·c o. l -96 , an ordinanc to mend Zon ing rdinance o. I _5., and Request to r z n the propert y of Burg ss A. Thoma on . .Jr. from R-1 L , Den it ing le famil R sidential District to PUD (Planned Unit D ve lopment). This property is gen rail_ located on the west s ide of Adams treet to jus t sou th or Ledyard treet , Fuirhop . Alabama. Parce ls Nu . 05-43-09-32-0-000-058 .000. 05-43-09-32 -0-000-059.000. 05-43-09-32- 0-000-064 .000 . o--43-09-32-0-000-066.000. and 05-43-09-4" -0-000-02 3.0 00 . (]ntroduced al th e a 18. 2017 it Council tlccling) The motion a eco nded by Councilmember Cony rs n t ontinge nt up n the con r ation ea cm nt. Council Pre id nt Burrell ask d ounci I membe r B one i r he wou ld like to ame nd his motion as stat d b ouncilm mber Co nyers . ouncilmember Boone , ithdrew hi initia l motion: and moved 10 amend the ordinance by remo ing numb er -from the Planning Commission's r commendation as a contingency: --1he il y Alt rnc hal l r ic,, th e con crva tion ca cm nl to assure it i kept in perp tuity a a park:· T he m tion wa econded by uncilmember Cony r a a mended . Council President Burre ll lated he appreciate I the reside nt s w rking with the develop r ; and how Ms. Quinn h lped steer the community with ho th ey wanted thi s de eloped. He said this e limin ated ingr ss a nd egress for the ubdi i ion: and the Comprehensive Plan i being ign o red. Ms . uinn re s ponded that it v ould ha ve requir d street in Mon tro e to be widened: a nd the one-wa str cts would be eliminated. Sh said th 60 r t right-of--.: ay , ould ha ve been reduc ed to 30 foot right-or-, a s. Councilmember Robinson commented that variation for this de elopment were not pretty: and thi is a gr at compromise for all inv olv d. After furthe r di cussion. motion for final adop tion pa sed by th e following voice ote ·: /\ YE -Burrell. Rob ins n. ·o nyers. Brown, and Boone. A Y -ne . 7418 12June2017 ouncilmember Robinson introduced in wntmg Ordinance o. 1597 , an ordinance to Amend Ordinance o. 1588 to extend Moratorium of the filing of Subdivision and Multiple Occupancy Project Applications for 90 days. Planning Director Dyess addressed the ity Council and stated too long of a moratorium could be an issue , so we have requested it be extended for 90 more days . Council President Burrell requested that staff bring fo1ih changed in ordinances and regulations for early discussion . Councilmember Brown said we need objectives; and public input to weigh in during extension . Council member Robinson slated if we meet objectives earlier than needed we can suspend moratorium. Council President Burrell commented we must extend because we have not met objectives. In order to take immediate action. Councilmember Boone moved for immediate consideration. econded b Councilmember Conyers motion for immediate consideration passed unanimously by the following voice votes: A YE - Burrell. Robinson Conyers , Bro\ n , and Boone. NAY -None . Conncilmember Boone then moved for final adoption of Ordinance No. 1597. Seconded by Councilmember Conyers , motion for final adoption passed by the fo1lowing voice votes : A YE -Burrell , Robinson , Conyers , Brown and Boone. NAY -None. Councilmember Robinson int:roduc d in writing and moved for the adoption of the following resolution a resolution authorizing the Submission of a Grant Application to the Gulf of Mexico Alliance ( ·GOMA ") for implementation of high priority actions identified in existing community plans such as Storm Water Management plans , to help protect the City's watersheds· and authorizing Mayor Karin Wilson to sign all required grant application documents on behalf of the City. This is a 50/50 match with a total project cost estimate of $45 ,000.00 City match with be $22 500.00 cash or "in-kind " contributions). The motion was seconded by Councilmember Conyers . Economic and Community De elopment Director Botop addressed the City Council and said this grant will help define a plan for the Taturnville Gulley Watershed. Kim Burmeister with the Planning Department addressed the City Council and said the Public Works Building is in this watershed . Ms. Bunneister said the watershed begins a Magnolia Beach ; and its head at Morphy Avenue and Young Street. Both Ms. Botop and Ms. Burmeister recommended demonstration projects within the watershed with a possible regional detention at our own facilities . Councilmember Conyers mentioned the Fairhope Single Tax Corporation 's proposal for a Park with Low Impact Designs being used within the Tatumville Gulley Watershed . After further discu sion , motion pas ed unanimously by voice vote. 7419 12June2017 RESOLUTION NO. 2759-17 AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE GULF OF MEXICO ALLIANCE WHEREAS there is grant funding available for implementation of high priority actions identified in existing community plans such as stonn water management plans , through the Gulf of Mexico Alliance (GOMA); and WHERE AS , there is a need for the City of Fairhope to implement actions outlined in the City 's Storm Water Management Program Plan (SWMPP) to help protect the City 's watersheds ; and WHEREAS , the maximum grant amount is $45 ,000 and a 50% match or $22 ,500 in "in-kind ' contributions from the City, such as staff time, equipment and supplies is required ; THEREFORE, BE IT RESOLV ED BY THE City of Fairhope IN REGULAR SESSION ASSEMBLED, that by this Resolution the City of Fairhope authorizes submission of a grant application requesting $45 000 from GOMA and authorizes the Mayor to sign the required grant application on behalf of the City. DONE, under the Seal of the City of Fairhope this 12th day of June, 2017. Karin Attest: ~-{f~ ~ r4ru( ~ MMC City Clerk Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that a Blower (PTO Driven) is declared surplus and the Mayor and City Treasurer are hereby authori zed and directed to dispose of personal property owned by the City of Fairhope by receiving bids and being sold to the highest bidder. Seconded b y Councilmember Brown , motion passed unanimously by voice vote . 7420 12 June 2017 RESOLUTION 0. 2760-17 WHEREAS the City of Fairhope , Alabama has certain items of personal property which are no longer needed for public or municipal purposes ; and WH EREA . Section 11-43--6 of the Code of Alabama of 1975 authorizes the municip a l governing body to dispo e of unneeded per onal propert ; NOW , THE REFOR E, BE IT RESOLVED BY THE CITY COUNCIL OF FAIRHOP E, ALABAMA AS FOLi OWS : SECTION 1. That the following personal property owned by the City of Fairhope , Alabama , is not needed for public or municipal purposes and hereby declared surplus: No. 57 -Blm,ver PTO Driven from Golf Department (inadve1tently left off the initial list) SECTIO 2. Th at the Mayor and City Treasurer are hereby authorized and directed to dispose of the per onal property ov ned by th e City of Fairhope , Alabama , described in Section I , above. by receiving bid for such property . All such property shall be old to the highe st bidder, provided however. that the ity Council shall hav e the authority to reject all bids when , in its opinion , it deems the bids to be less than adequate consideration for th e personal property. ADOPTED AND APPROVED THI 12TH DAY OF JUN E 2017 Karin Wilson Mayor ATTEST: City lerk 7421 12 June 2017 Councilmembe r Robinson introduced in writing and moved for the adoption of the following resolution, a resolution that the City Council approves the selection of Jason Thomas Inc . to perfonn Professional Consulting Services for Graphic Design and Layout (RFQ No . PS032-17) and hereby authorizes Mayor Karin Wilson to negotiate a fee schedule and establish a not-to-exceed limit with this fim1 . Seconded by Councilmember Brown , motion passed unanimously by voice vote. Mayor Wilson said that this firm would help with all graphic design , website , and strategic needs. RESOLUTION NO. 2761-17 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council approves the selection of Jason Thomas Inc. to perform Professional Consulting Services for Graphic Design and Layout (RFQ No. PS032-l 7) and hereby authorizes Mayor Karin Wilson to negotiate a fee schedule, and establish a not-to-exceed limit with this finn . DULY ADOPTED THIS 12TH DAY OF JUNE, 2017 Karin Wilson Mayor Attest: ~ City Clerk Councilmember Boone introduced in writing , and moved for the adoption of the following resolution , a resolution that the City Council approves the selection of Keet Consulting Services, LLC to perform Professional Consulting Services to Upgrade City's GIS with Online Mapping System (RFQ o . PS026-17) and hereby authorizes Mayor Karin Wilson to negotiate a fee schedule, and establish a not-to- exceed limit with this firm. The motion was seconded by Councilmember Robinson. Planning Director Dyess addressed the City Council and stated the online mapping system will be modernizing our GIS system . information Technology Director Jeff Montgomery addressed the City Council and said GPS points would help with service requests· and would also integrate with Utility billing. After further discussion , motion passed unanimously by voice vote. 7422 12June2017 RESOLUTION NO. 2762-17 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council approves the selection of Keet Consulting Services , LLC to perfonn Professional Consulting Services to Upgrade City's GIS wi th Online Mapping System (RFQ No . PS026-I 7), and hereby authorizes Mayor Karin Wilson to negotiate a fee schedule , and establish a not-to-exceed limit with this firm . DULY ADOPTED THIS 12TH DAY OF JUNE , 2 Karin Wilson , Attest : cd;..t!Ji.L City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution , a resolution that the City Council approves the selection of Mott MacDonald LLC to perform Professional Engineering Services for Stonn Water Outfall Study (RFQ No. PS0 17-17), and hereby authorizes Mayor Karin Wilson to negotiate a fee schedule, and establish a not-to-exceed limit with this finn. The motion was seconded by Councilmember Conyers. John Peterson with Mott MacDonald addressed the City Council and explained the next phase of the Storm Water Outfall Study which included mapping. Mayor Wilson commented these services are pan of the moratorium. After further discussion motion passt:<l unanimously by voice vote. RESOLUTION NO. 2763-17 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council approves the selection of Mon MacDonald , LLC to perfonn Professional Engineering Services for Storm Water Outfall Study (RFQ No. PS0 17-17 ), and hereby authorizes Mayor Karin Wilson to negotiate a fee schedule , and establish a not-to-exceed limit with this firm. DULY ADOPTED THIS 12TH DAY OF JUNE , 2017 Attest : ~ City Clerk 7423 l2June2017 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution a resolution to purchase Firearms for the Police Department and authorizes procurement without formal bidding based on the option allowed by the Code of Alabama 1975 Section 41-16-51(a)(l5). The cost will be $17,039.70 . Seconded by Councilmember Robinson motion passed unanimously by voice vote . RESOLUTION NO. 2764-17 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows: That the City of Fairhope has voted to purchase Firearms for the Police Department and authorizes procurement without formal bidding based on the option allowed by the Code of Alabama l 975, Section 41-16-51 (a)(l 5): Contractual services and purcha es o,f products re/cued to. or hen ing an impact upon , securily plans, procedures. assessments. measures. or systems. or !he security or safety of persons. structures . .fc,cilities, or il?fi-astruclures . • The cost will be $17 ,039.70. Adopted on this 12th day of June , 2017 Karin Wilson Mayor Attest: City Clerk Councilmember Conyers introduced in writing and moved for the adoption of the following resolution , a resolution to purchase a John Deere Out Front Mower for the Public Works Department (Streets) in the amount of Twenty-One Thousand Seven Hundred Thirty-One Dollars and Twelve Cents ($21 ,731.12), and the equipment is available for direct procurement through the National Joint Powers Alliance ("NJPA'") Buying Group Contract ; and therefore does not have to be let out for bid. This has been nationally bid through the NJPA's bid process. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. 7424 12 June 2017 RESOLUTION NO. 2765-17 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope has voted to purchase a John Deere Out Front Mower for the Public Works Department (Streets) in the amount of Twenty-One Thousand Seven Hundred Thirty-One Dollars and Twelve Cents ($21 ,731.12), and the equipment is available for direct procurement through the National Joint Powers Alliance ( 'NJPA ") Buying Group Contract· and therefore does not have to be let out for bid. This has been nationally bid through the NJPA s bid process . Adopted on this 12th day of June 2017 Karin Wilso lf!dL Attest: ~£&cL City Clerk Councilmember Brown introduced in writing and moved for the adoption of the following resolution, a resolution to purchase a John Deere 5065E U tility Tractor for the Recreation Department in the amount of Twenty-One Thousand Seven Hundred Sixteen Dollars and Eighty-One Cents ($21, 7 I 6.8 I), and the equipment is available for direct procurement through the National Joint Powers Alliance ("NJPA ') Buying Group Contract; and therefore does not have to be let out for bid. This has been nationally bid through the NJPA's bid process. Seconded by Councilmember Conyers, motion passed unanimously by voice vote . Council President Burrell commented that both Agenda ]terns No . 14 and No. 15 were under the budgeted amount. * * 7425 12 June 2017 RESOLUTION NO. 2766-17 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA as follows: [ 1] That the City of Fairhope has voted to purchase a John Deere 5065E Utility Tractor for the Recreation Department in the amount of Twenty-One Thousand Seven Hundred Sixteen Dollars and Eighty-One Cents ($21 ,716.81), and the equipment is available for direct procurement through the National Joint Powers Alliance (' NJPA") Buying Group Contract; and therefore does not have to be let out for bid . This has been nationally bid through the NJPA 's bid process . Adopted on this I 2th day of ~ Karin Wilson , Mayor Attest: ~.f!.rifcL City Clerk Councilrnember Brown introduced in writing, and moved for the adoption of the following resolution a resolution to purchase One Vehicle (2017 Ford F250 Super Cab ¾ Ton Pickup Truck) for the Gas Department and the type of vehicle needed is on the Alabama State Depa1tment of Purchasing bid list and therefore does not have to be let out for bid . The total cost is $25 365.00 . Seconded by Councilmember Boone, motion passed unanimously by voice vote. * * * 7426 12 June 2017 RESOLUTION NO. 2767-17 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows : [l] That the City of Fairhope has voted to purchase One (1) Vehicle (2017 Ford F250 Super Cab ¾ Ton Pickup Truck) for the Gas Department and the type of vehicle needed is on the Alabama State Department of Purchasing bid list and therefore does not have to be let out for bid ; and [2] The following is the Alabama State Department of Purchasing contract information : Bid Number: Tl91A F250 Super Cab¾ Ton Pickup Truck $25 365.00 each Adopted on this 12th day of June. 2017 Attest: ~ City Clerk Councilmember Conyers introduced in writing and moved for the adoption of the following resolution , a resolution that Kevin Boone (Councilmember) of the City of Fairhope is hereby appointed to serve as the City of Fairhope s AMEA Election Committee Representative. Seconded by Councilmember Boone motion passed unanimously by voice vote . * * 7427 12June2017 RESOLUTION NO. 2768-17 BE IT RESOLVED BY THE GOYER I G BODY OF THE CITY OF FAIRHOPE ALABAMA , that Ke in Boone (Councilmembcr) of the C ity of Fairhope is hereb appointed to ser e a th e City of rairhope 's AME Election Committee Representative . ADOPTED THIS 12TH DAY OF JUNE , 2017 Anest: Y~J;tL ~anks ,MMC City Clerk Council President Burrell r ad the request of Joe Reimer and Anne Brook with the Baldwin Pop requ ting that the sign ordinance be waived regarding the banner rule for their remainin g e ·ents in 2017. Mayor Wil on stated that City Clerk Lisa Hanks had found a pro i ion that ma y exempt the Baldwin Pops. Cit Clerk Hanks explained that the Cit Council could vote to declare the Baldwin Pops a Citywide event or eel bration . She said this , ould exempt them from having to deal with sign pennit under Temporar Event Signs or Banners. Council President Burrell replied that would exe mpt them all year for banners . City Clerk Hanks suggested putting this in the yearly contract we do for u e of City facilities . Mayor Wilson said that the provision only allows two permits for the same premises each year but they have more. Council President Burrell said we need to grant the request and , aive Section 8) Provision (b for Temporary Ev nt igns or Banners. Council memb er Robin on moved to grant the request of Joe Reimer and Anne Brooks with the Bald in Pop and , ai e ec tion (8) Pro vision (b) for Temporar Event Signs or Banner s of the ign Ordinance. conded by Councilmember Con ye rs motion pa ed unanimous) by voice , ote.