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Home My WebLink About08-05-2024 Planning Commission Agenda PacketJuly 1, 2024 Planning Commission Minutes 1 The Planning Commission met Monday, July 1, 2024, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Paul Fontenot; Clarice Hall-Black; Hunter Simmons, Planning and Zoning Director; Michelle Melton, Planner; Chris Williams, City Attorney; and Cindy Beaudreau, Planning Clerk. Absent: Hollie MacKellar, Jay Robinson, and Erik Cortinas Chairman Turner called the meeting to order at 5:00 PM. Approval of the Minutes June 3, 2024: John Worsham made a motion to approve the minutes from the June 3, 2024. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Paul Fontenot; Clarice Hall-Black NAY: None. Old/New Business None Consideration of Agenda Items: A. UR 24.07 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 27,090 LF of buried fiber cable and 4,180 LF of innerduct in the City ROW at 500 Nichols Avenue. Summary: Hunter Simmons, Planning and Zoning Director, presented the request of the Applicant, AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 27,090 LF of buried fiber cable and 4,180 LF of innerduct in the City ROW at 500 Nichols Avenue. Mr. Simmons shared the zoning map and aerial. Staff recommends conditional approval of UR 24.07 subject to the following conditions: 1. A pre -construction meeting shall be held with the City prior to issuance of any permits. 2. Consultation with the City’s horticulturalist, to determine if the required depth of bore must be increased so that no trees are impacted by the project. The contractor is responsible for any damaged trees. 3. At all street crossing locations, conduct potholing to determine exact location and elevation of existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole locations on a set of as-built drawings. a. An additional right-of-way permit may be required for the potholing procedures. 4. Follow-up activities below required by staff and the applicant: a. Upon satisfactory review and approval by ROW Construction Inspector, as-builts will be submitted to the GIS Supervisor for inclusion in GIS utility maps as needed. 5. Provide draft door hanger for approval at time of pre-construction. July 1, 2024 Planning Commission Minutes 2 6. Approved door hangers shall be in place no later than 7 days prior to construction. 7. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 8. Ensure enough space for proposed work is available within existing easement, if not applicant is responsible for either expanding existing easement or acquiring an additional easement. 9. Applicant shall contact Alabama One Call to locate all existing utilities (1000ft max per day). 10. Utilities boxes shall be concentrated near existing boxes. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C, unless otherwise required by the Fairhope Building Department. John Worsham made a motion to approve UR 24.07 with staff recommendations. Rebecca Bryant seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Paul Fontenot; Clarice Hall-Black NAY: None. B. UR 24.08 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 5,489 LF of buried fiber cable and 1,523 LF of innerduct in the City ROW at 713 S Mobile Street. Summary: Hunter Simmons, Planning and Zoning Director, presented the request of the Applicant, AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 5,489 LF of buried fiber cable and 1,523 LF of innerduct in the City ROW at 713 S Mobile Street. Mr. Simmons shared the zoning map and aerial. Staff recommends conditional approval of UR 24.08 subject to the following conditions: 1. A pre -construction meeting shall be held with the City prior to issuance of any permits. 2. Consultation with the City’s horticulturalist, to determine if the required depth of bore must be increased so that no trees are impacted by the project. The contractor is responsible for any damaged trees. 3. At all street crossing locations, conduct potholing to determine exact location and elevation of existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole locations on a set of as-built drawings. a. An additional right-of-way permit may be required for the potholing procedures. 4. Follow-up activities below required by staff and the applicant: a. Upon satisfactory review and approval by ROW Construction Inspector, as-builts will be submitted to the GIS Supervisor for inclusion in GIS utility maps as needed. 5. Provide draft door hanger for approval at time of pre-construction. 6. Approved door hangers shall be in place no later than 7 days prior to construction. 7. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 8. Ensure enough space for proposed work is available within existing easement, if not applicant is responsible for either expanding existing easement or acquiring an additional easement. 9. Applicant shall contact Alabama One Call to locate all existing utilities (1000ft max per day). 10. Utilities boxes shall be concentrated near existing boxes. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C, unless otherwise required by the Fairhope Building Department. July 1, 2024 Planning Commission Minutes 3 John Worsham made a motion to approve UR 24.08 with staff recommendations. Clarice Hall-Black seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Paul Fontenot; Clarice Hall-Black NAY: None. C. SD 24.05 Public hearing to consider the request of the Applicant, Goodwyn Mills Cawood, acting on behalf of the Owner, Starlight Development, LLC, for Preliminary Plat approval for The Proper, a 10-unit multiple occupancy project. The property is approximately 1.68 acres and is zoned B- 1 – Local Shopping District. The property is located at the southwest corner of Nichols Avenue and Young Street. PPINS #: 9585, 9601, 121255, 9602, 361754 Michelle Melton, City Planner, presented the request of the Applicant, Goodwyn Mills Cawood, acting on behalf of the Owner, Starlight Development, LLC, for Preliminary Plat approval for The Proper, a 10-unit multiple occupancy project. The property is approximately 1.68 acres and is zoned B-1 – Local Shopping District. Ms. Melton shared the zoning map and aerial. Applicant is requesting a waiver regarding Anderson Avenue, aka Anderson Street from Article V(E) – Lot Access, section of the Subdivision Regulations. Chairman Turner asked if the power lines would be underground. Mr. Simmons replied that the power on Young Street will not be underground and that the trees on that side will be more columnar and will not interfere with the lines. Staff does not support the waiver. Mr. Simmons explained that it is only a 20’ ROW with the additional 5’ that the Applicant is providing. Street standards are typically 20’ wide, although the Subdivision Regulations do allow for a lane, and staff believes a lane could be placed there without harming the trees by paving the existing asphalt. Staff would support that but does not support the waiver to not pave anything. John Worsham asked if the applicant paved the area, would they meet the regulations. Mr. Simmons stated that if they paved that lane, the subdivision regulations give some language about reduced width so instead of 20’, it allows a lane, approximately 12’-16’ of pavement, which could be appropriate here due to a ROW that was platted in 1946. Discussion continued about access to the lots. Chairman Turner asked if the area had been surveyed. Mr. Simmons replied that staff received a survey which showed the ROW of 15’ along with an independent title search. Staff recommends approval of SD 24.05 with staff recommendations. 1. Installation of a minimum of 12’ wide (1 yield flow) paved lane in Anderson Ave./St. pursuant to the Street Classification, Design, and Function (Table 5.3) in Appendix A. Applicant will work with Staff to mitigate tree root damage during construction of required lane. 2. Re-plat 3. Maintenance Bond and Maintenance and Guarantee Agreement shall be submitted with Final Plat for any infrastructure that is intended to be accepted by the City. July 1, 2024 Planning Commission Minutes 4 Melissa Hadley, GMC, explained that they did perform a survey and the road to the tip of the detention pond had been paved before. Ms. Hadley stated that the applicant is amenable to adding asphalt but does not want to rip up the existing trees that are there. They agree to do the 12’ pavement to meet the lane regulations in addition to the 5’ of ROW. Ms. Hadley stated that the development has three roads now. Mr. Worsham asked if she rotated the three lots facing Anderson would they fit. Ms. Hadley stated no, they would still need to come out on Anderson which would then need to be a vehicular access. The way she designed it, Anderson does not need to be used for vehicular access. Ms. Bryant brought up traffic impact vs. aesthetic impact and shared her concerns of no one facing Young Street. Ms. Bryant asked about the garages. Ms. Hadley stated that the corner units are fully facing on those roads. Ms. Bryant asked if Ms. Hadley had considered designing everything to face Young Street with access off Nichols. Ms. Hadley replied that she had to consider the vehicular movement throughout the site and trying to keep as many of the trees as possible and most of them are in the southwest corner. Ms. Hadley shared the renderings of the buildings and Ms. Bryant asked if the buildings would actually look like that. Mr. Hadley replied yes, for the most part. Mr. Turner asked what Anderson Avenue will be used for. Ms. Hadley replied that it will not be used for anything. Discussion continued on access around the site. Mr. Turner shared his concern of B-1 zoning and this site does not have any on street parking or overflow parking. Ms. Hadley stated that there are guest parking areas in the median area of Legacy Loop and each home has a two-car garage and two additional spaces in each driveway. Mr. Turner asked how many public parking spaces are provided. Ms. Hadley replied that there are three spaces plus one additional space on lot 10 and the area at the end of Legacy Loop could potentially be used. Mr. Turner asked about the square footage of the homes. Ms. Hadley replied they are approximately 1,800-2,000 square feet and will be three bedroom and two bath homes. Ms. Hadley stated that if Anderson Avenue has new pavement, then it can be used for a walking path or driving up and down. Ms. Bryant asked if you would have to back out of Anderson. Ms. Hadley replied that you would have to back out or do a three-point turn. Mr. Turner reiterated his concern over parking and proposed a hammerhead area to turn around on Anderson. Ms. Hadley stated that they could add a hammerhead and a walking trail joining Legacy Loop in the southwest corner. Chairman Turner opened the public hearing at 5:38pm. Having no one present to speak the public hearing was closed at 5:38pm. Mr. Fontenot asked if there was a tree protection plan that showed the fencing. Mr. Simmons stated that there is a tree preservation plan and that would be looked at during final approval. Ms. Hall-Black asked for confirmation that what the homes look like now will be what is built. Ms. Hadley stated that it will. Mr. Simmons reminded the Commission that this is only a 20’ ROW which will extend into the easement. Ms. Bryant disagrees with this. Mr. Fontenot suggested tabling the project and coming back with a paving plan. Chris Williams stated that the Planning Commission has to make a decision at this meeting, or the applicant could consent to table the item. To address the paving issue, one option would be to grant the July 1, 2024 Planning Commission Minutes 5 waiver subject to conditions. The conditions to granting the waiver is subject to whatever the Planning Commission sees fit. The conditions of granting the waiver could be conditioned upon the hammerhead or other access that the Planning Commission deems appropriate. Rebecca Bryant made a motion to reject the waiver. Paul Fonteno seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant, Harry Kohler; John Worsham; Paul Fontenot; Clarice Hall-Black NAY: None John Worsham made a motion to approve SD 24.05 with modified staff recommendations. 1. Waiver denied 2. Prior to pre-construction meeting, City staff need to see the plan and/or drawing for Anderson Avenue regarding paving (length/width/materials) and length/width/materials of the suggested hammerhead. 3. Tree root protection plan for improvements to Anderson Avenue including the hammerhead. 4. Add trail from Legacy Loop to the hammerhead on Anderson Avenue. 5. Installation of a minimum of 12’ wide (1 yield flow) paved lane in Anderson Ave./St. pursuant to the Street Classification, Design, and Function (Table 5.3) in Appendix A. Applicant will work with Staff to mitigate tree root damage during construction of required lane. 6. Re-plat 7. Maintenance Bond and Maintenance and Guarantee Agreement shall be submitted with Final Plat for any infrastructure that is intended to be accepted by the City. 8. Anderson Avenue is paved to City standards and approved by Staff and Tree Committee. Clarice Hall-Black seconded the motion and the motion carried with the following vote: AYE: Lee Turner, Harry Kohler, John Worsham, Paul Fontenot, Clarice Hall-Black NAY: Rebecca Bryant D. SD 24.11 Public hearing to consider the request of the Applicant, SE Civil, LLC, on behalf of the Owners, FST and 68V Harvest Green East 2022, LLC, for Final Plat approval of Harvest Green East Phase 1, a 120-lot subdivision. The property is approximately 55.62 acres and is zoned PUD – Planned Unit Development. The property is located on the east side of State Highway 181 across from The Waters Subdivision. PPINS #: 17735, 77776 Hunter Simmons, Planning and Zoning Director, presented the request of the Applicant, SE Civil, LLC, on behalf of the Owners, FST and 68V Harvest Green East 2022, LLC, for Final Plat approval of Harvest Green East Phase 1, a 120-lot subdivision. The property is approximately 55.62 acres and is zoned PUD – Planned Unit Development. Mr. Simmons shared the zoning map and aerial. Follow-Up Activities Required by Final Plat Process: • Copy of the recorded plat (Final Plat must be recorded within 120 days of acceptance) • Copy of the recorded O&M Agreement • Maintenance and Guarantee Agreement executed by the subdivider – this document is not considered fully executed until the Mayor signs said agreement. July 1, 2024 Planning Commission Minutes 6 o Remember to include the instrument # from the recorded plat o Remember to include 30 days in paragraph 3 • Performance Bond submitted within 30 days of Final Plat approval Staff recommends approval of SD 24.11 with staff recommendations: 1. Completion of Follow-Up Activities Chairman Turner opened the public hearing at 5:52pm. Having no one present to speak the public hearing was closed at 5:52pm. John Worsham made a motion to recommend SD 24.11 with staff recommendations. Clarice Hall-Black seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Paul Fontenot; Clarice Hall-Black NAY: None. E. SD 24.13 Public hearing to consider the request of Applicant, Jade Consulting, on behalf of the owner, Encounter Development, LLC, for Final Plat approval of Encounter Commercial Retail Center, a 12-lot subdivision. The property is approximately 35.16 acres and is zoned B-2 – General Business District. The property is located on the northeast corner of State Highway 181 and State Highway 104. PPIN #: 108453 Michelle Melton, City Planner, presented the request of Applicant, Jade Consulting, on behalf of the owner, Encounter Development, LLC, for Final Plat approval of Encounter Commercial Retail Center, a 12-lot subdivision. The property is approximately 35.16 acres and is zoned B-2 – General Business District. Ms. Melton shared the zoning map and aerial. Follow-Up Activities Required by Final Plat Process: • Copy of the recorded plat (Final Plat must be recorded within 120 days of acceptance) • Copy of the recorded O&M Agreement • Maintenance and Guarantee Agreement executed by the subdivider – this document is not considered fully executed until the Mayor signs said agreement. o Remember to include the instrument # from the recorded plat o Remember to include 30 days in paragraph 3 Staff recommends approval of SD 24.13 with staff recommendations. 1. Completion of Follow-Up Activities 2. Installation of the “Future Through Street Sign” 3. Replacement of speed limit signs to reflect 20 mph 4. Completion of north landscape buffer 5. Add a note on the plat restricting access from SR 104 and SR 181 and to limit number of road cuts allowed for development on internal roads Chairman Turner opened the public hearing at 5:58pm. Having no one present to speak the public hearing was closed at 5:58pm. July 1, 2024 Planning Commission Minutes 7 Ms. Bryant asked for a summary of the resolved drainage issue. William Graham, Jade Consulting, explained that Rockwell Place’s final building had a steep slope that did not tie into the Encounter berm. Jade staff met with Rockwell representatives and the slope was regraded to tie into the Encounter pond. This work should be complete within a week or two. Mr. Graham requested that a note not be added on the final plat pertaining to the allowed number of entrances from the lots onto the internal roadways. Due to the sites going through site plan review, Jade is requesting to vet out those entrances at that time. Chairman Turner asked if these would have to come back for site plan review. Mr. Simmons stated yes. Staff had asked Jade to look at shared access and they offered the solution on their application. The intent for the note on the plat was so that individuals buying the lot would know how to access their lot. Mr. Simmons read the following ROW conditions into the record: • Lot 1 – Maximum one turnout to Encounter Dr. and One turnout to Bushel Dr. • Lot 2-6 – Maximum three turnout to Bushel Dr., in addition to Lot 2 having one turnout to Encounter Dr. and Lot 6 having one turnout to Rockwell Blvd • Lot 7-10 - Maximum two turnout to Encounter, in addition to Lot 7 having one turnout to Bushel Dr. and Lot 10 having one turnout to Hidden Glen • Lot 11 – Maximum one turnout to Encounter Dr. • Lot 12 – Maximum two turnouts to Encounter and three turnouts to Bushel Dr. John Worsham made a motion to recommend SD 24.13 with modified staff recommendations. 1. Completion of Follow-Up Activities 2. Installation of the “Future Through Street Sign” 3. Replacement of speed limit signs to reflect 20 mph 4. Completion of north landscape buffer 5. Add note to plat to reference SD 24.13 for road cuts Rebecca Bryant seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Paul Fontenot; Clarice Hall-Black NAY: None. F. SD 24.16 Public hearing to consider the request of Applicant, Seth Moore, on behalf of the owner, James Scopolites, for Preliminary and Final Plat approval of Gayfer Place Phase Two, a 2-lot minor subdivision. The property is approximately 4.6 acres and is zoned R-1 – Low Density Single-Family. The property is located at 8611 Gayfer Avenue Extension. PPIN #: 43888 Michelle Melton, City Planner, presented the request of Applicant, Seth Moore, on behalf of the owner, James Scopolites, for Preliminary and Final Plat approval of Gayfer Place Phase Two, a 2-lot minor subdivision. The property is approximately 4.6 acres and is zoned R-1 – Low Density Single-Family. Ms. Melton shared the zoning map and aerial. July 1, 2024 Planning Commission Minutes 8 Staff recommends approval of SD 24.16 with staff recommendations. 1. Installation of sidewalk along Gayfer Avenue Extension the length of the property 2. Label new lot 2-B instead of Lot 3-B 3. Change subdivision name to “Gayfer Place II, A Subdivision of Lot 2 of Gayfer Place SD” Chairman Turner opened the public hearing at 6:12pm. Having no one present to speak the public hearing was closed at 6:12pm. Seth Moore stated that he was unaware of the sidewalks needing to be constructed. Mr. Moore stated that there are sidewalks on the south side of Gayfer Avenue running from Bishop to Meadowbrook Drive and there is a 10’ easement on Bishop. Mr. Simmons reminded the Planning Commission that the Subdivision Regulations were amended to require a sidewalk be installed at the time of the subdivision. Mr. Turner continued the conversation listing a variety of subdivisions where sidewalks were not required at the time of the subdivision and the problems with getting them installed if not done at time of subdivision. John Worsham made a motion to recommend SD 24.16 with staff recommendations. Paul Fontenot seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Paul Fontenot; Clarice Hall-Black NAY: None. G. SD 24.17 Public hearing to consider the request of the Applicant, Goodwyn Mills Cawood, LLC, acting on behalf of the Owner, Eastpark, LLC, for Preliminary and Final Plat approval for 211 South Section, A Condominium, a 3-lot minor subdivision. The property is approximately 0.40 acres and is zoned R-3TH – Townhouse Single Family. The property is located on the east side of Section Street and south of Oswalt Street. PPIN #: 41038 Hunter Simmons, Planning and Zoning Director, presented the request of the Applicant, Goodwyn Mills Cawood, LLC, acting on behalf of the Owner, Eastpark, LLC, for Preliminary and Final Plat approval for 211 South Section, A Condominium, a 3-lot minor subdivision. The property is approximately 0.40 acres and is zoned R-3TH – Townhouse Single Family. Mr. Simmons shared the zoning map and aerial. Staff recommends approval of SD 24.17 with staff recommendations. 1. Provide a solution for fire protection as proposed by the consultant 2. Sidewalk and landscaping shall be installed before issuance of C/O Mr. Simmons share the following three options to substitute for the first staff recommendation that the applicant shall choose from: • Provide the required fire line as specified by the Fairhope Water Dept. to be designed by the developer’s EOR; • Install NFPA 13D sprinkler systems in each residence; or • Require 1 hr. fire barriers on the North wall of each building and remove any openings (door, windows, perforated soffits, etc.) July 1, 2024 Planning Commission Minutes 9 Paul Fontenot asked about the live oak in front that is protected and suggested that the sidewalk meander around the tree. Mr. Fontenot also noted that the proposed tree plan has a lot of live oaks which is a lot for that area and suggested that better vertical tree choices be made. Mr. Fontenot stated that he did not see a tree protection plan for the existing live oak. Based on the placement of the tree, Mr. Fontenot suggested that the tree be trimmed by an arborist, so it is properly pruned. Chairman Turner opened the public hearing at 6:24pm. Mike Reinhart, 251 S. Section, is concerned about protecting the trees against the power company trimming. Mr. Turner stated that this will continue until the power is underground. Mr. Reinhart was also concerned about lighting and water. The public hearing was closed at 6:28pm. Melissa Hadley, GMC, stated that all the items can be addressed. Ms. Bryant asked if there were conditions on the last approval. Mr. Simmons stated that is looked at during permitting. Rebecca Bryant does not agree with option three of the solutions for fire protection. Paul Fontenot made a motion to recommend SD 24.17 with modified staff recommendations. 1. Provide a solution for fire protection as proposed by the consultant from the following choices: • Provide the required fire line as specified by the Fairhope Water Dept. to be designed by the developer’s EOR; • Install NFPA 13D sprinkler systems in each residence; or • Require 1 hr. fire barriers on the North wall of each building and remove any openings (door, windows, perforated soffits, etc.) 2. Sidewalk and landscaping shall be installed before issuance of C/O 3. Consult with City Horticulturist about different species of trees and spacing thereof for the landscaping 4. Tree protection plan for protected live oak during construction of structures and the meandering sidewalk John Worsham seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Paul Fontenot; Clarice Hall-Black NAY: None. H. ZC 24.04 Public hearing to consider the request of the Applicant, David Martin, on behalf of the Owner, Kathryn Mull, to rezone property from R-2, Medium Density Single-Family Residential District to B-3b, Tourist Resort Commercial Service District. The property is approximately 0.42 acres and is located at 53 N. Church Street. PPIN #: 15034 Hunter Simmons, Planning and Zoning Director, presented the request of the Applicant, David Martin, on behalf of the Owner, Kathryn Mull, to rezone property from R-2, Medium Density Single-Family Residential District to B-3b, Tourist Resort Commercial Service District. Mr. Simmons shared the zoning map and aerial. July 1, 2024 Planning Commission Minutes 10 Staff recommends approval of ZC 24.04 with staff recommendations. 1. Regardless of the allowed uses in Table 3-1 of the Fairhope Zoning Ordinance, the following uses shall be prohibited on the subject property: a. Multifamily/Apartment b. General Office c. Professional Office d. Grocery e. Convenience Store f. General Merchandise g. Outdoor Recreation Facility h. Indoor Recreation i. Personal Storage j. Recreational Vehicle Park k. Restaurant l. Bar m. Entertainment Venue n. Marina 2. Current use is a single-family residential structure. Any change in use shall meet all applicable laws and regulations at the time of application. John Worsham asked why B-3b and not B-4. Mr. Simmons replied that the short-term ordinance not only says where they can be, it also states where they cannot be. Short term rentals are not allowed in B-4. Chairman Turner opened the public hearing at 6:41pm. Tim McGuire, 103 N. Church, is concerned with the number of short-term rentals, the traffic flows and parking on the street. There are no “no parking” signs along Church Street. Jean Wilson, 33507F U.S. Highway 31, Spanish Fort, and owns property at 104 N. Church Street. She stated that the evolution on Church Street has not been a blessing with all the properties being bought up for Airbnbs. Her property has two cottages with renters from three to six months. She is unhappy with people coming all hours of the day. Mr. McGuire returned to state that he has no problems with short term rental people. The public hearing was closed at 6:49pm. Kathryn Mull, owner of the property, stated that there is a lot of parking at the house. She would be very particular about who would rent the property. This is her primary residence. Harry Kohler asked for clarification about multifamily/apartment being prohibited. Mr. Simmons stated that apartments are defined as more than three units in one building. Rebecca Bryant made a motion to recommend ZC 24.04 to City Council with modified staff recommendations. July 1, 2024 Planning Commission Minutes 11 1. Regardless of the allowed uses in Table 3-1 of the Fairhope Zoning Ordinance, the following uses shall be prohibited on the subject property: a. Multifamily/Apartment b. General Office c. Professional Office d. Grocery e. Convenience Store f. General Merchandise g. Outdoor Recreation Facility h. Indoor Recreation i. Personal Storage j. Recreational Vehicle Park k. Restaurant l. Bar m. Entertainment Venue n. Marina 2. Current use is a single-family residential structure. Any change in use shall meet all applicable laws and regulations at the time of application. 3. Ask City Council about “No Parking” signs added to both sides of Church Street. John Worsham seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Paul Fontenot; Clarice Hall-Black NAY: None. I. ZC 24.05 Public hearing to consider the request of the Applicant, Sawgrass Consulting, on behalf of the Owner, Rockwell LLC, to rezone property from R-1, Low Density Single-Family Residential District to B-2, General Business District, to be known as Rockwell Place. The property is approximately 15 acres and is located east of Highway 181, 1/3 mile north of Intersection of Highway 104 and Highway 181. PPINS #: 625447, 625448, 625449 Hunter Simmons, Planning and Zoning Director, presented the request of the Applicant, Sawgrass Consulting, on behalf of the Owner, Rockwell LLC, to rezone property from R-1, Low Density Single- Family Residential District to B-2, General Business District, to be known as Rockwell Place. Mr. Simmon shared the zoning map and aerial. Staff recommends approval of ZC 24.05 with staff recommendations. 1. Each site created in Lot 1 shall have a mandatory Site Plan Review 2. An update for ALDOT or completion thereof the Rockwell Blvd and Hwy 181 connection prior to further subdividing or applying for any permit. 2-3 weeks per June 12, 2024, correspondence from Applicant 3. Provide a schedule for the completion of the apartments and portions of the roads that will be public as soon as possible and prior to applying for any permits. Three (3) months per June 12, 2024, correspondence from Applicant July 1, 2024 Planning Commission Minutes 12 Chairman Turner opened the public hearing at 7:01pm. Having no one present to speak the public hearing was closed at 7:01pm. Tim Lawley, Sawgrass, stated that staff recommendation #2 is 90% complete and #3 paving will be complete in two weeks. This request will be followed up with a subdivision request for the September meeting. John Worsham made a motion to recommend ZC 24.05 to City Council with staff recommendations. Clarice Hall-Black seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Paul Fontenot; Clarice Hall-Black NAY: None. J. Executive Session – To discuss pending or potential litigation pursuant to Alabama Code Section 36-25A-7(a)(3) Commissioners left the dais at 7:03pm and returned at 7:18pm. Adjournment John Worsham made a motion to adjourn. AYE: Lee Turner; Rebecca Bryant; Harry Kohler; John Worsham; Paul Fontenot; Clarice Hall-Black NAY: None. Adjourned at 7:19pm. _______________________ ________________________ Lee Turner, Chairman Cindy Beaudreau, Secretary This digital package has been condensed for size and some documents may not contain all the original pages. All submittals were reviewed in full by staff in preparation for the reports prepared for the Planning Commission. City of Fairhope Planning Commission August 5, 2024 SD 24.06 Waiver Request Article VII of the Subdivision Regulations of the City of Fairhope provide for the following Standards and Procedures for any waiver request. Commentary 1. An extraordinary hardship may result from strict compliance with these Regulations due to unusual topographic or other physical conditions of the land or surrounding area not generally applicable to other land areas. The zoning ordinance (Montrose Preserve PUD) recognizes these are not typical rights-of-way. Smaller roads and tree preservation are key goals of the development. 2. The condition is beyond the control of the Subdivider. There is unique evaluation criteria for underground utilities in the Subdivision Regulations referenced below that Staff believes addresses this criteria sufficiently. 3. The requested waiver will not have the effect of nullifying the purpose and intent of the Regulations, the Zoning Ordinance, or the Comprehensive Plan. No Conflict. As stated, the PUD established unique goals for this project. 4. The waiver is the minimum deviation from the required standard necessary to relieve the hardship; Staff sees no conflict. 5. The waiver shall not have an adverse effect on adjacent landowners, or future landowners, or the public; Powerlines are currently overhead. No adjacent property owner has discussed an adverse effect this waiver, if granted, may impose. Staff currently foresees no adverse effects. 6. The waiver is necessary so that substantial justice is done. Staff sees no conflict. Article VI, Section M. also add the following evaluation criteria. 1. The Planning Commission may waive this section in all or part based on evidence that underground installation is not in the best interest of the environment or is financially not feasible. The existing powerlines are shown highlighted on the plan below. See attached waiver request from Cathy Barnette with Dewberry Engineers. Staff does not oppose the waiver request because there are existing powerlines in place and installation of new underground lines for this phase will require additional land disturbance. Recommendation: Staff recommends Approval of the requested waiver with the following condition: 1. This waiver only applies to Lots 1-3 of the Montrose Village PUD. Page 1 of 1 July 8, 2024 Mr. Hunter Simmons, Planning Director City of Fairhope PO Drawer 429 Fairhope, AL 36533 VIA EMAIL RE: Montrose Preserve PUD, Phase One Dear Mr. Simmons, Dewberry, as the authorized agent for the property owner, is requesting a waiver from Article VI, Section M of the Subdivisions Regulations which requires the underground utilities. All existing utilities are overhead power and it is neither environmentally or economically feasible to bury the utilities for this 3 lot subdivision. The granting of the waiver from Article VI, Section M will not confer on the applicant or property owner any special privilege that is denied by the Ordinance to other lands, buildings, or structures in the same zoning district. Dewberry and the property owner will understand all completion and as-builts of this road will need to be complete before signatures can be obtained on the plat. Respectfully, Cathy S. Barnette Associate SD 24.12 - Amend Hill Top Lot 29 City of Fairhope Planning Commission August 5, 2024 SECTION STGERANIUM DR PETIOLE D R HYACINTH ST TWIN BEECH RD CALYX CIRBRACY LNMALONE RDDENTON LNBRODBECK LN SECTION STRoad Parcel Zoning District PUD TR µ µ Project Name: Amend Hill Top Lot 29 Site Data: 1.13 acres Project Type: Final Plat Approval Jurisdiction: Fairhope Planning Jurisdiction Zoning District: PUD PPIN Number: 389630 General Location: West side of Section Street, South of Twin Beech Road Surveyor of Record: Jade Consulting LLC Engineer of Record: Jade Consulting LLC Owner / Developer: Two Hands Design & Development LLC School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved Prepared by: Hunter Simmons 1 SD 24.12 Hilltop Lot 29 Preliminary Plat– August 5, 2024 Summary of Request: Request of Applicant, JADE Consulting, LLC (“JADE”), on behalf of owner, Two Hands Design and Development, LLC, for Final Plat approval Lot 29 of the Hilltop PUD. At the time of the Planning Commission meeting in May the fire flow had not been approved. Since then, the fire flow test has been conducted and accepted. The fire flow test was the only outstanding item from the Preliminary Plat that was necessary for Final Plat approval. There is no public infrastructure or other outstanding items required for this Plat. Recommendation: Staff recommends approval of case SD 24.12: SD 24.15 - Montrose Preserve PUD Phase One City of Fairhope Planning Commission August 5, 2024 3RD ST2ND STMAIN ST3RD STDOVECO T E LN U S HWY 98CLUBHOUSE DRSOUTH DR CHAPMAN S T ADAMS ST HIGH PINES RDGJAY LN OAK LN TAYLOR S T STEDMAN ' S L N ROCK CREE K P K W Y STANFOR D L N SIBLEY ST U S HWY 98OLD MILL RD3RD ST Road Parcel Zoning District PUD R-1 µ µ Project Name: Montrose Preserve PUD Phase One Site Data: 8.94 acres Project Type: 3-Lot Major Subsivision, Final Plat Jurisdiction: Fairhope Planning Jurisdiction Zoning District: PUD PPIN Number: 75979 General Location: West side of US Highway 98, South of Sibley Street Surveyor of Record: Dewberry Engineer of Record: Dewberry Owner / Developer: Tommy Thomasson et al School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ Conditions Prepared by: Hunter Simmons 1 SD 24.15 Montrose Preserve PUD Phase 1 Final Plat– August 5, 2024 Summary of Request: Dewberry, acting on behalf of the owners, Burgess A. Thomasson, Jr., Leigh Thomasson Brown, and Albert Daniel Thomasson, requests Final Plat approval for Phase I of the Montrose Preserve PUD (“PUD”). Phase I consists of three (3) lots. The Engineer of Record for Phase I is Jason Estes. The Preliminary Plat was approved on March 4, 2024 (SD 24.06). Site Data Figure 1: Boundary Survey and Draft Plat of Subdivision 2 SD 24.15 Montrose Preserve PUD Phase 1 Final Plat– August 5, 2024 Comments: Various rights-of-way in the Montrose area were annexed into the City of Fairhope on June 14, 2024 (Ord. 1801). The 3rd Street right-of-way, adjacent to this phase, was included with the annexation. The following items were conditions of approval for the Preliminary Plat: 1. Please add “Pedestrian” to the “20 ft Utility Easement” notations on the Boundary Survey and Plat. 2. Any outside agency permits (ALDOT, Baldwin County, ADEM, etc.) required shall be obtained prior to submission of building permits. 3. Fire flows shall meet International Fire Code standards at time of Final Plat. Engineer shall provide confirmation with Final Plat application. As a reminder, pursuant to Article VII of the Subdivision Regulations, all waivers must be requested in writing at time of Preliminary Plat submission. Staff received no waiver requests with the Preliminary Plat application. Staff did receive a waiver request with the Final Plat application. The Preliminary Plat is on the agenda as an old/new item so that the waiver can be voted on separately. The Applicant is asking for a waiver of Article VI, Section M, so that overhead power lines can remain. M. UNDERGROUND UTILITIES: All utilities in all proposed subdivisions shall be installed underground. 1. The Planning Commission may waive this section in all or part based on evidence that underground installation is not in the best interest of the environment or is financially not feasible. - Streets An extension of 3rd Street was required and approved with the preliminary plat that will be dedicated to the City as a publicly maintained road. The road is not yet installed. The Applicant explained there were permitting delays due to the annexation of rights-of-ways and associated confusion of the permitting jurisdiction. A permit application was submitted to the City of Fairhope on June 12, 2024. Without approval, some work was performed within the ROW. Major sediment runoff and failed BMP’s were reported on June 22, 2024. After finding unpermitted work, all construction was halted until such time an appropriate construction permit could be obtained. At the time of this report, plans for the paved road are approved and we are awaiting an on-site pre- construction meeting to begin work. - Utilities o Water – A 6” water main, along with a fire hydrant was installed by Daphne Utilities. Daphne Water also intends to install a 10” water line along Hwy 98 to connect with the newly installed 6” water line to supply waterto this Phase. Staff has been in contact with representatives from Daphne Water about this project and construction should be underway soon. However, there is a conflict with the conditions of the Preliminary Plat approval, which states, “Fire flows shall meet International Fire Code standards at time of Final Plat. Engineer shall provide confirmation with Final Plat application.” 3 SD 24.15 Montrose Preserve PUD Phase 1 Final Plat– August 5, 2024 Water supply is not currently adequate, or at least Staff did not get confirmation as required by the Preliminary Plat application. Staff cannot ensure fire flows are adequate at this time. An alternative may be the addition of a note on the Plat that prohibits building permits until adequate fire flow is established. Staff suggests the additional note on the Plat as a condition of approval. o Sewer – Phase I will have septic tanks that shall be approved by Alabama Department of Public Health. o Electricity – Provided by Riviera Utilities. o Communications – Provided by AT&T. - Site and Drainage o Per the EOR, no drainage improvements were required as part of this phase. - Landscaping o The buffers along Hwy. 98 were added to the common area. Staff received a draft copy of the Montrose Preserve Declaration to ensure there is an Association in place to maintain the common areas. Future phases should be added to the same Association. - Sidewalks No sidewalks are being installed in this phase; however, there is a proposed 20 ft utility and pedestrian easement along 3rd Street. Follow‐Up Activities Required by Final Plat Process: • Staff will not sign the Final Plat until the road has been installed, tested, and inspected by our Public Work Department. No Punch List has been generated because road work has not been performed. • Copy of the recorded plat (Final Plat must be recorded within 120 days). • Maintenance and Guarantee Agreement document is not considered fully executed until the Mayor signs said agreement. o Remember to include the instrument # from the recorded plat o Remember to include 30 days in paragraph 3 Recommendation: Staff recommends Case: SD 24.15 Montrose Preserve PUD Phase I Final Plat be Approved with the following conditions: 1. In lieu of fire flow requirements of the preliminary plat approval, there shall not be any further building permits given for the three lots until (a) Daphne completes the 10” water main extension AND (b) the Engineer confirms in writing the fire flow at the newly installed hydrant meets International Fire Code standards. The following note shall be added to the Plat as part of this condition, “No building permit will be issued for any lot within this subdivision until a fire flow report conforms there is adequate water to meet the fire protection requirements of the International Fire Code.” 2. Roads will need to be paved and tested. Public Works shall review test results and confirm the road has passed Final Inspections prior to Staff signing the Final Plat. 3. As-builts drawings with Engineer’s Certification shall be required prior to Staff signing the Final Plat. Install bollard as required by Public Works. Declaration of Covenants. Conditions and Restrictions for Montrose Preserve, a Planned Unit Development DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS fQB ST ATE OF ALABAMA COUNTY OF BALDWIN MONTROSE PRESERVE, A PLANNED YNIJ DEVELOPMENT This Declaration made to be effective on t h e Effective Date (as defined in this Declaration) by Leigh Thomasson Brown, Albert Daniel Thomasson , and Burgess A. Thomasson, Jr. (collectively referred to as the "Declarant"). RECITALS: A. Th e Declarant is the owner of the real property located in Baldwin County,Alabama, which is known as Montrose Preserve, a Planned Unit Development recorded in the Office of the Judge of Probate of Baldwin County, Alabama, in _______ (the "Plat"), together with all improvements and appurtenances sometimes referred to in this Declaration as "Montrose Preserve". B. The Declarant intends by this Declaration to impose upon Montrose Preserve mutually beneficial restrictions under a general plan of improvement for the benefit of all Owners of Lots in Montrose Preserve and to provide a method whereby other property may become part of Montrose Preserve subject to this Declaration by the recordation of a supplement to this Declaration . C. The Declarant has caused the Montrose Preserve Property Owners' Association , Inc., an Alabama Nonprofit Corporation (the "Association") to be formed as a master association for the purpose of providing an Alabama Nonprofit Corporation to serve as representative of the Dec la rant and the Owners of Montrose Preserve. D. Th e Association and Montrose Preserve shall be subject to the terms and conditions of this Declaration. NOW., THEREFORE, the Declarant declares that Montrose Preserve and any Additional Property as may by Subsequent Amendment be added to and subjected to this Declaration shall be held, sold and conveyed or encumbered, rented, used, occupied and improved, subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of and which shall run with the land and which shall be binding on all parties having any right, title or interest in Montrose Preserve or any part of Montrose Preserve, their heirs, successors and assigns, and shall inure to the benefit of each Owner of Montrose Preserve. Provided, however, by one or more Subsequent Amendments, the Declarant has the right, but is not obligated, to subject other real property or Additional Property to this Declaration, as provided in this Declaration. Article I Definjtjons The following words and terms when used in t his Declaration or any Subsequent Amendment SD 24.18 - Overland Phase II City of Fairhope Planning Commission August 5, 2024 NORTHWOOD STCOUNTY RD 48 RIVER MILL DROVERLAND DRCABOT LNBROWNING LNHUDSON LOOPMARION CTBLUEBERRY LNRIVER MILL DROVERLAND DRSTEEL CREEK CT CABOT LNMERIWETHER CTBROWNING LNFERDINAND AVE HUDSON LOOP Road Parcel Zoning District PUD R-1 R-2 R-3 R-A Project Name: Overland Phase II Site Data: 12.48 acres Project Type: 29-lot subdivision Jurisdiction: Fairhope Planning Jurisdiction Zoning District: PUD PPIN Number: 617994 General Location: Surveyor of Record: S.E. Civil Engineer of Record: S.E. Civil Owner / Developer: 68V Overland 2021, LLC School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ Conditions Prepared by: Mike Jeffries East of River Mill Drive, South of County Road 48 1 SD 24.18 Overland, Phase 2 Final – August 5, 2024 Summary of Request: Public hearing to consider the request of the applicant, S.E. Civil, LLC, acting on behalf of the Owner, 68V Overland 2021, LLC, for Final Plat approval of Overland Subdivision Phase 2, a 29-lot Major Subdivision. The property is approximately 12.48 acres and is zoned as a PUD – Planned Unit Development. The property is located at the southeast corner of the intersection of County Road 48 and River Mill Drive. The preliminary plat was approved at the November 1, 2021, Planning Commission meeting and received a 1-year extension at the October 2nd, 2023, Planning Commission meeting. Site Data Site Plan 2 SD 24.18 Overland, Phase 2 Final – August 5, 2024 Comments: The development, Overland Phase 2, is the last development portion of the approved PUD. Overland Phase 1 was finalized at the October 2022 Planning Commission meeting and Overland Townhomes was approved at the February 2023 Planning Commission meeting. Overland Phase 2 has been built in accordance with the design and engineered plans of the approved preliminary plat in May 2021. All conditions of the preliminary plat have been met. - All sidewalks and street trees have been installed. The watering and maintenance of the trees and maintenance of the sidewalks will be the responsibility of the subdivider. - The engineer has provided his engineer’s certificate for the design and construction of the improvements constructed for the subdivision and shall sign the plat. - Current walking trails are mulch paths. The mulch paths have washed out several times. The O&M Plan has been amended to include a required maintenance plan for the mulch trail. o Staff has concerns with the long term viability of the proposed path even with the maintenance plan. The path in phase 1 has been neglected. See images in packet. o The POA will be responsible for the routine maintenance and repair and keeping them in good working order. o Currently the boardwalk needs to be repaired due to a fallen tree. o The path in the woods needs clear markings of the path area. The subdivision regulations contain the following criteria in Article IV.B.2. Approval Standards. “2. Consistency with Plans, Regulations and Laws - The Planning Commission shall not approve the subdivision of land if the Commission makes a finding that such land is not suitable for platting and development as proposed, due to any of the following: a. The proposed subdivision is not consistent with the City’s Comprehensive Plan, and/or the City’s Zoning ordinance, where applicable; • Meets b. The proposed subdivision is not consistent with the City’s Comprehensive Plan or any other plan or program for the physical development of the City including but not limited to a Master Street Plan, a Parks Plan, a Bicycle Plan, a Pedestrian Plan, or the Capital Improvements Program; • Meets c. The proposed subdivision is not consistent with these Regulations; • Meets d. The proposed subdivision is not consistent with other applicable state or federal laws and regulations; or • Meets e. The proposed subdivision otherwise endangers the health, safety, welfare or property within the planning jurisdiction of the City.” • Meets 3 SD 24.18 Overland, Phase 2 Final – August 5, 2024 Follow‐Up Activities Required by Final Plat Process: • Copy of the recorded plat (Final Plat must be recorded within 120 days of acceptance) • Copy of the recorded O&M Agreement (Add Ph2 to the Ph1 O&M Agreement) • Maintenance and Guarantee Agreement executed by the subdivider – this document is not considered fully executed until the Mayor signs said agreement. o Remember to include the instrument # from the recorded plat o Remember to include 30 days in paragraph 3 Recommendation: Staff recommends Conditional Approval of SD 24.18 Overland, Phase 2 Final Plat subject to the following condition: 1. Amend the Site Data table to read “Current Zoning: P.U.D Ordinance #1713” 2. Add General Notes to plat: - Drainage and Utility easements exists over all common areas. - The Property Owners Association is responsible for the maintenance of the walking trails and keeping them in good working order. 3. Remove Planning Director signature block from the plat. 4. Repair the boardwalk. 5. Add trail markings to indicate the path through the woods to be approved by the Planning Director. ::"'"'~ .. ~ , '--: -.; . .,_ ~ RIVER MILL DR 60 FT. R/WSTEEL CREEK CT 50 FT. R/W BALDWIN CO. HWY 48 (A.K.A FAIRHOPE AVE.) 80 FT. R/W NORTHWOOD ST.RIVER MILL DR.20 FT. BUFFER LOT 622.42 AC Mail Bench 8 3 11 9 13 12 15 19 Park 1 2 4 5 6 7 10 14 16 17 18 20 21 22 26 23 44 32 30 25 34 33 29 42 40 31 37 24 28 51 46 47 3536 59 4948 3938 4345 58 52 41 60 5354 50 5556 6157 OVERLAND DRIVE 50 FT. R/WFERDINAND AVE. 50 FT. R/W HUDSON LOOP 50 FT. R/W MERIWETHER CT. 50 FT. R/W HUDSON LOOP 50 FT. R/W 27 10 FT. BUFFER10 FT. BUFFER15 FT. COMMON AREA 20 FT. BUFFER 15 FT. COMMON AREA 20 FT. BUFFER20 FT. BUFFER 10 FT. BUFFERMIN. 10 FT. BUFFERSHALL BE MAINTAINEDHUDSON LOOP 40 FT. R/WCivil (251) 990-6566 880 HOLCOMB BLVDFAIRHOPE, AL 36532 Engineering & Surveying050100200 100 SCALE TYPICAL LOT 50'130'25'BSL 25'BSL5'BSL5'BSL40'x80' Pad GREEN SPACE DENSITY CALCULATION 30.70 TOTAL GROSS ACRES -11.19 R.O.W., DETENTION & WETLANDS 19.51 ACRES 77/19.51 = 3.94 UNITS PER ACRE (G.S. DENSITY) 15% REQUIRED (4.61 AC.) OWNER DEVELOPER: SPANISH FORT AL 36527 68V PAYDIRT, LLC29891 WOODROW LANE, SUITE 300 PARCEL NO: 05-46-06-14-0-000-002.000 QUALIFYING GREEN SPACE CALCULATION 8.57 UPLAND AREAS 0.45 30% OF PONDS 9.02 TOTAL ACRES (29.4% OF TOTAL SITE) 45% 1,600 SF 30 FT 7,087 SF NONE 61 3,468 LF CITY OF FAIRHOPE CITY OF FAIRHOPE BALDWIN EMC AT&T 30.70 AC 11,338 SF 6,500 SF 25 FEET 25 FEET 5 FEET 20 FEET REQUIRED SETBACKS: ELECTRIC SERVICE: TELEPHONE SERVICE: S.F. LOTS: LIN. FT. STREETS: CURRENT ZONING: REAR: WATER SERVICE: SEWER SERVICE: SIDE STREET: FRONT: TOTAL AREA: COMMON AREAS: LARGEST SF LOT: SMALLEST LOT: AVG LOT: MAX BLDG HEIGHT: MAX COVERAGE: MINIMUM HOUSE: (PRINCIPAL STRUCT) P.U.D.PROPOSED ZONING: 6,500 SFMINIMUM LOT: 16M.F. UNITS: 77TOTAL UNITS: 2.51 / AC.DENSITY: OVERLAND A PLANNED UNIT DEVELOPMENT 2.42 AC (T.H. PARCEL)LARGEST LOT: 14.89 AC (49%) SIDE: FLOOD STATEMENT SURVEYOR'S CERTIFICATE ROBERTA U. HARRIS, STEPHEN JOHN URBANEK II, AND MARGARET URBANEK DUNNAM 10824 U.S. HWY 98 FAIRHOPE AL 36532 VICINITY MAP 1" = 1 MILE SITE LAND USE PERCENTAGES Single Fam. (Residential) Townhome (Residential) Wetlands Ponds Upland Open Space Buffers T O T A L 13.55 Ac 0.85 Ac 5.16 Ac 1.5 Ac 8.57 Ac 1.07 Ac 30.7 Acres 44% 3% 17% 5% 28% 3% 100% GRAVELDRIVE1/2" CRS (CA-0951-LS) 1/2"CRF (FAIRHOPE) 1/2"CRF (FAIRHOPE) 1/2"CRF (FAIRHOPE) 1/2"CRF (FAIRHOPE)1/2"CRF(FAIRHOPE) 1/2"CRF (FAIRHOPE) 5/8"CRF (MOORE) 5/8"CRF (MOORE) 5/8"CRF (MOORE) 5/8"CRF (MOORE) 5/8"CRF (MOORE) 5/8"CRF(MOORE) 5/8"CRF (MOORE) 5/8"CRF (MOORE) 5/8"CRF (MOORE) 5/8"CRF (MOORE) 15-1/2"X26" RCAPINV 85.54' 6'X4' GRATE INLETTOP 88.05'(SILTED IN)INV 86.08'22-1/2"X36-1/4" RCAP15-1/2"X26" RCAPINV 85.54' 6'X4' GRATE INLETTOP 88.05'(SILTED IN)INV 86.08'22-1/2"X36-1/4" RCAPOHUL OHUL OHUL OHUL OHUL OHUL OHUL OHULOHULOHUL OHULOHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHUL OHULTELEPHONE05-46-06-14-0-000-001.514 PIN: 15215 FST REWERTS, CURTIS 10563 CO RD 48 FAIRHOPE AL 36532 05-46-06-14-0-000-001.514PIN: 15215FST REWERTS, CURTIS10563 CO RD 48FAIRHOPE AL 36532 05-46-06-14-0-000-001.532 PIN: 14410 FST BISHOP, FLOYD A 10681 CO RD 48 FAIRHOPE AL 36532 FST GULLETT, DARRELL W ETUXBRENDA B10685 CO RD 48FAIRHOPE AL 36532 LOT 1FST NOWLIN, KEVIN ETALFORESTER, CATHLEE20307 NORTHWOOD STREETFAIRHOPE AL 36532 LOT 16 FST JORDAN, THOMAS M ETUX JUDI A 20310 NORTHWOOD ST FAIRHOPE AL 36532 05-46-06-14-0-000-001.512PIN: 15180FST LAMBERT VENTURES L L C11623 HALCYON LOOPDAPHNE AL 36526 FST R M DEVELOPMENT CORPORATION C/O CRAIG DYAS23210 US HWY 98FAIRHOPE AL 36532 05-46-06-14-0-000-001.621 PIN: 202834 FST BISHOP, WILLIAM AUSTIN ETAL ARNOLD, 10681 CO RD 48 FAIRHOPE AL 36532 05-46-06-14-0-000-003.000PIN: 17023GRANT, CHAS W & GAYNELL B10722 CO RD 48FAIRHOPE AL 36532 05-46-06-14-0-000-014.007 PIN: 121344 WILLIAMS, JAMES W C/O FARMER, ELLA PO BOX 226 FAIRHOPE AL 36533 LOT 23 LOT 24 LOT 25 LOT 26 LOT 27 LOT 28 LOT 29 LOT 30 LOT 31 LOT 32 LOT 33 LOT 34 FST RIVERSTATION PROPERTY OWNERS ASSOCIA 407 POMELO ST FAIRHOPE AL 36532FST RIVERSTATION PROPERTYOWNERS ASSOCIA PARCEL "A"FST RIVER MILL HOMEOWNER'SASSOCIATION IP O BOX 167FAIRHOPEAL 36533LOT 1 LOT 7LOT 6 FST ELLIS, CHRISTOPHERETAL ACKERMAN, TH14-A TWIN ECHO CTFAIRHOPEAL 36532PARCEL "C"FST RIVER MILL H.O.A.ZONING: R-3RIVER MILL (SLIDE 1541-B)xxxxxxxxxxxxxxxxxxDumpster 35'75'75'min.30.0' min.20.0'min.34" 30" 38"36"24" 48" 30"42" 28" 36" 48" 48" 56" 26" 26"20" 24"24" 48" 20" 24" 39" 30" 38" 34" 26" 26" 26" 54"38" 48" 36" 20" 20" 24"20"24" 22"38" 34" 34" 24' 48" 20" 52" 48"38" 24" 20"20"20"20"24"38" 24 24" 28"30" 27"26" 36" 18" 36" 28" 36" 40" 10"10" TOP 87.89' INV 80.48' 10"10" TOP 88.45' INV 79.99' 10" S S S S S TOP 85.96 INV 80.41 TOP 88.4 INV 82.5 TOP 104.2 INV 93.7 GV 878889909192939495969899100101102103101 102 100999798959 6 979892 93 94 99100101102103 1051041 0 5 104103102969 7 989910010190919293 9 4 858687888 5 8 6 8 7 8 8 8 9 9 0 919294959698991001019 2 93 949596979899100101103104 101 102 103 97 98 99 100 888990919293949 5 96 97 9 1 9 2 9 3 94 95828384858687888992838 4 8 5 8 6 8 7 88 89 90 91 93 94 95 96 97 98 99 100 101 102 104 1051061 0 7105106 10789 909192 93940.2 AC "X" UN S H A D E D "AE""AE""X" UNSHADED"X " UNSHADED "AE "F L O O D W A YF L O O D W A Y 83 FT. 84 FT.85 FT."X" UNSHADED"AE"30 FT. WETLAND BUFFER30 FT . WETLAND BUFFER30 FT. WETLAND BUFFER30 FT. WETLAND BUFFER20 FT. BUFFER LOT 622.42 AC Mail Bench 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Park 23 242526 28 29 3 0 31 3233343536 37 38 39 40 41 4243444546 47 48 49 50 51 5253545556 57 58 59 60 61 OVERLANDDRIVE50 FT. R/WFERDINAND AVE.50 FT. R/W HUDSON LOOP 50 FT. R/W MERIWETHER CT.50 FT. R/W HUDSON LOOP 50 FT. R/W 27 10 FT. BUFFER10 FT. BUFFER15 FT. COMMON AREA 20 FT. BUFFER 15 FT. COMMON AREA 20 FT. BUFFER20 FT. BUFFER 10 FT. BUFFERMIN. 10 FT. BUFFERSHALL BE MAINTAINEDHUDSON LOOP40 FT. R/WRIVER MILL DR 60 FT. R/W STEEL CREEK CT 50 FT. R/W BALDWIN CO. HWY 48 (A.K.A FAIRHOPE AVE.) 80 FT. R/W NORTHWOODST.RIVERMILL DR.I HEREBY STATE THAT ALL PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN ACCORDANCE WITH THE CURRENT REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF ALABAMA TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. COMMENCE AT A RAILROAD SPIKE AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 6 SOUTH RANGE 2 EAST, BALDWIN COUNTY, ALABAMA, AND RUN THENCE SOUTH 00 DEGREES 20 MINUTES 38 SECONDS WEST, A DISTANCE OF 40.00 FEET TO A CAPPED REBAR (FAIRHOPE) ON THE SOUTH RIGHT-OF-WAY OF FAIRHOPE AVENUE, SAID POINT ALSO BEING THE NORTHEAST CORNER OF RIVER MILL UNIT 1, AS SHOWN BY MAP OR PLAT THEREOF RECORDED AT SLIDE 1541-B, BALDWIN COUNTY PROBATE RECORDS,FOR THE POINT OF BEGINNING; CONTINUE THENCE SOUTH 00 DEGREES 20 MINUTES 38 SECONDS WEST, ALONG THE WEST LINE OF SAID RIVER MIL UNIT 1, A DISTANCE OF 532.55 FEET TO A CAPPED REBAR (MOORE); THENCE RUN SOUTH 00 DEGREES 22 MINUTES 09 SECONDS WEST, CONTINUING ALONG SAID WEST LINE OF RIVER MILL, A DISTANCE OF 751.65 FEET TO A CAPPED REBAR (FAIRHOPE); THENCE RUN SOUTH 89 DEGREES 43 MINUTES 52 SECONDS EAST, A DISTANCE OF 1041.41 FEET TO A CAPPED REBAR (FAIRHOPE); THENCE RUN NORTH 00 DEGREES 19 MINUTES 01 SECONDS EAST, A DISTANCE OF 1285.40 FEET TO A CAPPED REBAR (FAIRHOPE) ON THE AFOREMENTIONED SOUTH RIGHT-OF-WAY OF FAIRHOPE AVENUE; THENCE RUN NORTH 89 DEGREES 47 MINUTES 51 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 1040.47 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 30.70 ACRES, MORE OR LESS. ______________________________________ DAVID E DIEHL AL. P.L.S. NO. 26014 DATE SURVEY NOT VALID WITHOUT ORIGINAL SIGNATURE AND SEAL. B AAMALA H LD E.D IEDAVI NO.26014LDESNECIPROFESSIONAL UR E YV O RSLAND Civil (251) 990-6566 880 HOLCOMB BLVDFAIRHOPE, AL 36532 Engineering & Surveying OWNER DEVELOPER: SPANISH FORT AL 36527 68V PAYDIRT, LLC29891 WOODROW LANE, SUITE 300 PARCEL NO: 05-46-06-14-0-000-002.000 45% 1,600 SF 30 FT 7,087 SF NONE 61 3,468 LF CITY OF FAIRHOPE CITY OF FAIRHOPE BALDWIN EMC AT&T 30.70 AC 11,338 SF 6,500 SF 25 FEET 25 FEET 5 FEET 20 FEET REQUIRED SETBACKS: ELECTRIC SERVICE: TELEPHONE SERVICE: S.F. LOTS: LIN. FT. STREETS: CURRENT ZONING: REAR: WATER SERVICE: SEWER SERVICE: SIDE STREET: FRONT: TOTAL AREA: COMMON AREAS: LARGEST SF LOT: SMALLEST LOT: SITE DATA AVG LOT: MAX BLDG HEIGHT: MAX COVERAGE: MINIMUM HOUSE: (PRINCIPAL STRUCT) P.U.D.PROPOSED ZONING: 6,500 SFMINIMUM LOT: 16M.F. UNITS: 77TOTAL UNITS: 2.51 / AC.DENSITY: 2.42 AC (T.H. PARCEL)LARGEST LOT: 14.89 AC (49%) SIDE: ROBERTA U. HARRIS, STEPHEN JOHN URBANEK II, AND MARGARET URBANEK DUNNAM 10824 U.S. HWY 98 FAIRHOPE AL 36532 LAND USE PERCENTAGES Single Fam. (Residential) Townhome (Residential) Wetlands Ponds Upland Open Space Buffers T O T A L 13.55 Ac 0.85 Ac 5.16 Ac 1.5 Ac 8.57 Ac 1.07 Ac 30.7 Acres 44% 3% 17% 5% 28% 3% 100% PROPERTY LIES IN FLOOD ZONE "X", "X-SHADED", "AE" AND A FLOODWAY AS SCALED FROM FLOOD INSURANCE RATE MAP NUMBER 01003C0664M, COMMUNITY NUMBER 015000, PANEL 0664, SUFFIX "M", DATED APRIL 19, 2019. FLOOD STATEMENT 13 13 46 30 Church Shore Eastern Church Fairhope CemeteryFriends alocasneP 22 14 1211 10 104 181 GREEN SPACE DENSITY CALCULATION 30.70 TOTAL GROSS ACRES -11.19 R.O.W., DETENTION & WETLANDS 19.51 ACRES 77/19.51 = 3.94 UNITS PER ACRE (G.S. DENSITY) 15% REQUIRED (4.61 AC.) QUALIFYING GREEN SPACE CALCULATION 8.57 UPLAND AREAS 0.45 30% OF PONDS 9.02 TOTAL ACRES (29.4% OF TOTAL SITE) N 0 50 100 200 100 SCALE TYPICAL LOT 50'130'25'BSL 25'BSL5'BSL5'BSL40'x80' Pad OVERLAND A PLANNED UNIT DEVELOPMENT SURVEYOR'S CERTIFICATE VICINITY MAP 1" = 1 MILE SITE 1 ZC 24.07 Rezoning 7671 Parker Road from R‐1 to B‐4‐ August 5, 2024 Summary of Request: Christopher Lieb is the authorized agent for the case. The owner, Gerald Haring, is deceased. Glenn Haring (son) is the executor of the estate. Authorized agent requests the subject property be rezoned from R‐1, Low Density Single Family Residential District to B‐4, Business and Professional District. The property is located at 7671 Parker Road and consists of two (2) parcels. Applicant desires to eventually utilize both parcels for professional office use. The more immediate plan is for Applicant to make the existing residential building into a professional office. The eastern parcel is adjacent to a Baldwin County RSF‐2 parcel. Article III, Section A(14): Figure 1: City Zoning Figure 2: Subject parcels and adjacent Baldwin County zoned parcel. 2 ZC 24.07 Rezoning 7671 Parker Road from R‐1 to B‐4‐ August 5, 2024 Site Plan Comments: The subject property currently has a single‐family home and some accessory structures. The subject property lies next to the city zoned Parkstone PUD (residential) to the west and north and Baldwin County residential to the east. West along Parker Road at the Hwy 98 intersection are also county zoned business districts. Directly across the street is the Fly Creek PUD, which has business and residential components; thus, B‐4 zoning makes sense in this area. There are incompatible uses adjacent to the subject property (Baldwin County RSF‐2 and a residential PUD), so the Applicant has provided a 20 ft landscape buffer around ¾ of the property. As with any request for a zoning map amendment, we must consider the initial desire, as well as how the property may be utilized in the future. Staff feels a professional office is appropriate for the neighborhood. However, conversion of the house into a “boarding house or dormitory” or “public utility,” which are available uses in B‐4, for example, would be a change in use and require appropriate reviews. 3 ZC 24.07 Rezoning 7671 Parker Road from R‐1 to B‐4‐ August 5, 2024 A Re‐Zoning Request is considered a Zoning Map Amendment and the application is reviewed pursuant to the Criteria in Art. II, Section B(1)(e). (1) Compliance with the Comprehensive Plan; Response: The 2015 Comprehensive Plan identifies this area as North Village with office and residential components. Adjacent properties are zoned business by the County and the North Village aka Fly Creek PUD has both commercial and residential units. (2) Compliance with the standards, goals, and intent of this ordinance; Response: Meets. Some allowable uses are not ideal for this location and use changes will be vetted accordingly. (3) The character of the surrounding property, including any pending development activity; Response: Meets. The only development activity currently considered is parking. Required buffers and twenty (20) foot setbacks provide protection from adjacent residential property. Future changes in use should be carefully reviewed for impacts on the character of the surrounding property. (4) Adequacy of public infrastructure to support the proposed development; Response: Meets. Already an existing structure with utilities. If Applicant plans to add more units, then that may require additional demands on infrastructure. (5) Impacts on natural resources, including existing conditions and ongoing post‐development conditions; Response: Meets. This zoning change will not negatively impact natural resources or current/future conditions. The Zoning Ordinance and Tree Ordinance already provide protections to adjacent residential property by way of setbacks and landscape buffers. (5) Compliance with other laws and regulations of the City; Response: Meets. Any future development is subject to all applicable laws of the City. (6) Compliance with other applicable laws and regulations of other jurisdictions; Response: Meets. Any future development is subject to all applicable laws. (7) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and Response: None anticipated. Parker Road is busy already with the Fly Creek PUD and the subject property being located closer to the intersection with Hwy 98 should not have negative impacts for the adjacent properties. 4 ZC 24.07 Rezoning 7671 Parker Road from R‐1 to B‐4‐ August 5, 2024 (8) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: Staff do not anticipate any significant issues relating to this criterion currently. However, changes in use should be considered carefully. Uses allowed in B‐4 from Table 3‐1 of the Zoning Ordinance are summarized below. Dwelling Single‐Family (‘By‐right’) Townhouse (‘Permitted subject to special conditions listed in the ordinance’) Mixed‐Use (‘By‐right’) Accessory Dwelling (‘Permitted subject to special conditions listed in the ordinance’) Civic Elementary School (‘By‐right’) Secondary School (‘By‐right’) Library (‘By‐right’) Public Utility (‘By‐right’) Hospital (‘Permitted on Appeal and subject to special conditions’) Public Open Space (‘By‐right’) Common Open Space (‘By‐right’) Public Utility (‘Permitted on Appeal and subject to special conditions’) Office General (‘By‐right’) Professional (‘By‐right’) Home Occupation (‘Permitted subject to special conditions listed in the ordinance’) Service Convalescent or Nursing Home (‘Permitted on Appeal and subject to special conditions’) Outdoor Recreation Facility (‘Permitted on Appeal and subject to special conditions’) Day Care (‘Permitted on Appeal and subject to special conditions’) Mortuary or Funeral Home (‘Permitted on Appeal and subject to special conditions’) Personal Storage (‘Permitted subject to special conditions listed in the ordinance’) Boarding House or Dormitory (‘By‐right’) Manufacturing Limited (‘Permitted subject to special conditions listed in the ordinance’) 5 ZC 24.07 Rezoning 7671 Parker Road from R‐1 to B‐4‐ August 5, 2024 Recommendation: Staff recommends approval of ZC 24.07, rezoning 7671 Parker Road from R‐1 to B‐4 with the following conditions: 1.) Regardless of the allowed uses in Table 3‐1 of the Fairhope Zoning Ordinance, the following uses shall be prohibited on the subject property: a. Elementary School b. Secondary School c. Library d. Public Utility e. Grocery f. Convenience Store g. Convalescent or Nursing Home h. Outdoor Recreation Facility i. Mortuary or Funeral Home j. Personal Storage k. Boarding House or Dormitory l. Limited Manufacturing 2.) Rezoning request is for the use as Professional Office. Any change in use other than Professional Office shall meet all applicable laws and regulations at the time of application. City of Fairhope Planning Commission August 5, 2024 The following is a proposed amendment to change and alter the City of Fairhope Zoning Ordinance. The City of Fairhope Planning Department may add or amend proposed language prior to the August 7 meeting. If language is altered a revised packet will be uploaded to the City of Fairhope website by August 4, 2023. The Planning Commission will review the proposed language and take one of the following actions: (a) Recommend approval to the City Council; (b) Recommend approval to the City Council, conditioned on specific revisions; (c) Recommend denial to the City Council; or (d) Continue discussion of the proposed amendments for further study. The following is a proposed amendment to the Central Business District section of the Zoning Ordinance (Article V, Section B) that would add parking requirements for certain land uses within the CBD. ZC 24.08 Zoning Amendments Any zoning amendment must be approved by the City Council. During the Planning Commission Hearing, as well as the City Council Hearing, all persons shall have an opportunity to be heard in opposition to or in favor of the proposed amendment. Comments may also be emailed to planning@fairhopeal.gov. Article V Section H. Special Districts Medical Overlay District B. CBD – Central Business District Overlay 1. Intent – The Central Business District overlay is intended to preserve downtown Fairhope as the “Regional Village Center” and focal point for the City. The CBD overlay shall provide an environment for shopping, restaurant and entertainment, cultural and artistic institutions, offices, governmental functions, and residential uses. The CBD is intended to have a unique character in the City and serve the entire community by: • generating high levels of pedestrian and bicycle traffic; • providing a mix of uses; • create a focal point for activities throughout the City; • link to adjacent areas and areas throughout the City through a variety of modes of transportation; • strengthen non-automobile connections to adjacent neighborhoods; • buffer surrounding neighborhoods from any adverse impacts of activities in the CBD; and • provide small parks and trails. 2. Location and Size – The CBD overlay includes: From the southeast corner of the intersection of Oak Avenue and N. Church Street run east along the south side of Oak Avenue to a point on the east side of N. Section Street; one parcel on the north side of Oak Avenue from N. Section to the east end of Oak Avenue; one parcel on the east side of N. Bancroft Street from the north side of Oak Avenue to a point on the south side of Pine Avenue and along the east property line one parcel east of N. Bancroft Street; thence run east along the north property line of one parcel to a point; thence run south along the east property line to the south side of Equality Street; the west side of N. School Street from Equality Street to the south side of Stimpson Avenue; the south side of Stimpson Avenue to the east end of Stimpson Avenue; south to a point on the south side of Fairhope Avenue that is one parcel west of Mershon Street; one parcel on the south side of Fairhope Avenue from one parcel west of Mershon Street to the west side of S. School Street; to a point one parcel south of Morphy Avenue on the west of S. School Street; south to the west end of the unopened portion of right-of-way of Fels Avenue; along the north side of Fels Avenue from the northwest corner of the intersection of Fels Avenue and Oswalt Street to a point at the northeast corner of Fels Avenue and S. Church Street; north one parcel to a point one parcel south of Morphy Avenue; west to a point two lots west of S. Church Street; north to the north side of Morphy Avenue west to the northeast corner of the intersection of Morphy Avenue and S. Summit Street; along the east side of Summit Street to the southeast corner of the intersection of N. Summit Street and Magnolia Avenue; along the south side of Magnolia Avenue to the southeast corner of the intersection of Magnolia Avenue and N. Church Street; along the east side of N. Church Street to the southeast corner of the intersection of N. Church Street and Oak Avenue. 3. Uses – All uses permitted in the underlying zoning district are allowed in the CBD Overlay, provided that uses of property shall meet the intent of the Comprehensive Plan and Section E.1 of this Article. Any future rezoning in the CBD overlay may be conditioned so that the goals and intent of the Comprehensive Plan and Article V., Section B.1. of the Zoning Ordinance are achieved. a. Rooftop Terraces shall be an allowed Accessory Use permitted on all lots zoned B-2, General Business District located within the CBD. The following standards shall apply to all Rooftop Terraces: (1) Except as provided below in this Section, the height of all structures on or within a Rooftop Terrace shall not exceed forty feet (40’). (2) The outer boundary of a Rooftop Terrace shall be defined using a barrier meeting the City of Fairhope Building Code. (3) For Rooftop Terraces located atop three story buildings the following standards apply: a. For the purpose of the Zoning Ordinance and this Section, a Rooftop Terrace shall not be considered a story. b. Elevators and stairwells, providing access to Rooftop Terrace, may be allowed to exceed forty feet (40’) by no more than five feet (5’) provided: such elevators and stairwells and their associated mechanical equipment and enclosed areas shall not cover more than 7.5% of the total square footage of the rooftop, shall not be viewable from sidewalks located in public rights-of-way that abut the building at the ground level, and shall be located a minimum of ten feet (10’) from any lot line. Article V Section H. Special Districts Medical Overlay District c. Structures, other than those used for elevators and stairwells, may be opened or enclosed, but shall not cover more than 25% of the total square footage of the rooftop and shall be located a minimum of ten feet (10’) from any lot line. (4) Temporary structures, such as tents, awnings, and umbrellas, may be allowed on Rooftop Terraces provided: (a) such structures shall be in use for less than 24 hours at a time, (b) such structures are secured via anchor points integrated into the building and can withstand winds up to 60mph, (c) and the anchor design shall be sealed by a structural Engineer. Any damage caused by these structures are the responsibility of the property owner who shall sign a hold harmless agreement at time of permitting. b. Short-term rentals shall be allowed within the CBD, regardless of the underlying zoning district. 4. Dimension Standards – All dimension standards for the underlying districts shall apply in the CBD overlay except as follows: a. Non-residential buildings in the CBD shall be built at the right-of-way line, unless a courtyard, plaza or other public open space is proposed. b. No side-setback is required for non-residential buildings in the CBD, except that corner lots shall have the same building line on the side street as is on the front street. c. Building heights for all structures shall not exceed 40 feet or 3 stories. d. Parking – (1) No parking is required for non-residential uses in the CBD. If parking is provided, it shall be located behind the building, screened from public rights-of-way, and have a direct pedestrian connection to the primary building entrance of the public right-of-way. (2) Dwelling units in the CBD shall provide the required parking. It shall be located behind the building, screened from public rights-of-way, and have a direct pedestrian connection to the primary building entrance of the public right-of-way. (3) Residential and office is encouraged on the upper floors of buildings; lower floors are encouraged to be retail or restaurants. de. Sidewalks shall be a minimum of eight feet (8’) in width for all new construction. This may be reduced, through the site plan approval process, upon satisfactorily demonstrating to the City Council that streetscape improvements constrain the site to the extent that eight feet (8’) is not feasible. In no case shall the sidewalk width be less than six feet (6’) in width. A written request must be made with accompanying justification statement and drawings for consideration of reduction in sidewalk width. ef. A minimum of fifty percent (50%) of the gross floor area on the ground floor of a mixed-use building in the CBD shall be dedicated to commercial uses. For the purposes of this calculation, gross floor area is defined as the total floor area contained on the ground floor within a building measured to the external face of external walls and shall include, but not be limited to, internal service areas, internal parking, internal stairwells, and internal common spaces. Retail and restaurants are encouraged on the ground floor adjacent to public streets. 5. Required Parking in the CBD The following Table 5-1 is the parking schedule and represents the minimum required off-street parking spaces for specific land uses. These standards shall apply within the CBD. Any specific use or district condition in Article III of this ordinance shall apply along with the standards and conditions of this Section. Any area reserved for off-street parking in accordance with the requirements of this ordinance shall not be reduced in area or changed to any other use unless the permitted use, which it serves, is discontinued, or modified, or alternate and equivalent parking space is provided to the satisfaction of the board of adjustment. Table 5-1 –Required Parking in the CBD Land Use Parking Required Residential: Dwelling units .75 spaces per bedroom (rounded up to nearest integer) Lodging: Article V Section H. Special Districts Medical Overlay District Hotels, Motels, Boarding Houses/Dormitory, .75 space per guest bedroom (rounded up to nearest integer) plus 1 space per five employees Bed and breakfast or tourist home 2 spaces per residential use plus .75 space per guest bedroom. Public Assembly: Community Centers and Clubs 1 space for each 100 feet of building under roof. Indoor Recreation, Outdoor Recreation , Entertainment Venues, Places for Worship and similar places of assembly 1 space for each 4 seats or each 200 square feet of assembly floor area, whichever is greater. Health Facilities: Clinics 4 spaces for each 200 square feet of floor area used for offices and similar purposes. Hospitals, Convalescent or Nursing Homes, and similar institutional uses 1 space for each 4 beds, plus 1 space for each 4 employees including nurses. Businesses: Offices and Personal Services 1 space for each 400 square feet of floor area used for offices, conference rooms, and other similar purposes. Restaurants and Bars No required parking Retail and General Merchandise No required parking Automobile Service Stations A minimum of 2 off-street parking spaces is required with an additional off-street parking space for each lubrication or wash bay. a. Required parking spaces shall be located behind the building, screened from public rights-of-way, and have a direct pedestrian connection to the primary building entrance of the public right-of-way. b. Parking Dimensions and Size – Refer to Article IV, Section E for dimensional requirements. c. Parking spaces shall be located on the same lot as the Land Use that requires parking. d. Parking Credits - credit may be given to the requirements of Table 5-2 – Required Parking in the CBD, under the following conditions: (1) On-street parking within 300 feet of any lot line may be credited to the parking requirement at a rate of one credit for every two on-street parking spaces. (2) Bicycle parking facilities within reasonable proximity of the main entrance may be credited at a rate of one credit for every five-bicycle parking spaces, up to a maximum of 10% of the required vehicle parking.