ZONING AMENDMENT, PLANNED UNIT DEVELOPMENT & SUBDIVISION STAFF REPORT Date: August 8, 2013

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1 ZONING AMENDMENT, PLANNED UNIT DEVELOPMENT & SUBDIVISION STAFF REPORT Date: August 8, 2013 NAME SUBDIVISION NAME PV-Magnolia, LLC Twelve Trees Subdivision LOCATION 2860, 2862 and 2866 Pleasant Valley Road and 850 Magnolia Road. (North side of Pleasant Valley Road, 250 ± West of Magnolia Road and West side of Magnolia Road, 330 ± North of Pleasant Valley Road) CITY COUNCIL DISTRICT District 5 PRESENT ZONING PROPOSED ZONING REASON FOR REZONING AREA OF PROPERTY CONTEMPLATED USE TIME SCHEDULE R-1, Single-Family Residential District R-3, Multiple-Family Residential District Changing conditions in a particular area make a change in the Ordinance necessary and desirable 2 Lots /2.56+ Acres (Subdivision & Zoning) 1 Lot /2.5+ Acres (PUD site) Subdivision approval to create 2 lots, Planned Unit Development Approval to allow multiple buildings on a single building site, and Rezoning from R-1, Single-Family Residential to R-3, Multiple-Family Residential District to allow a multi-family apartment complex. It should be noted, however, that any use permitted in the proposed district would be allowed at this location if the zoning is changed. Furthermore, the Planning Commission may consider zoning classifications other than that sought by the applicant for this property. Upon approvals ENGINEERING COMMENTS Subdivision: The following comments should be addressed prior to review, acceptance and signature by the City Engineer: 1. Provide all of the required

2 information on the Final Plat (i.e. signature blocks, signatures, certification statements, written legal description, required notes, north arrow, vicinity map, legend, existing ROW width of Magnolia Road, bearings and bearings on all property lines) including the seal and signature of an Alabama Professional Land Surveyor; 2. Provide a signature block and signature from the Planning Commission, Owner(s) (notarized), and the Traffic Engineering Department; 3. Provide a signature block for the City Engineer and the County Engineer; 4. Add a note to the Plat stating that a Land Disturbance Permit will be required for any site improvements on the property. These improvements may require storm water detention. The Permit submittal shall be in accordance with the Storm Water Management and Flood Control Ordinance (Mobile City Code, Chapter 17, Ordinance # & #65-045); and 5. Add a note to the Plat that any work performed in the existing ROW (right-of-way) such as driveways, sidewalks, utility connections, grading, drainage, irrigation, or landscaping will require a ROW permit from the City of Mobile Engineering Department ( ) and must comply with the City of Mobile Right-of-Way Construction and Administration Ordinance (Mobile City Code, Chapter 57, Article VIII). Planned Unit Development: 1. Add a note to the PUD drawing stating that any work performed in the existing Pleasant Valley Road or Magnolia Road ROW (right-of-way) such as grading, drainage, driveways, sidewalks, utility connections, irrigation, or landscaping will require a ROW permit from the City of Mobile Engineering Department ( ) and must comply with the City of Mobile Right-of-Way Construction and Administration Ordinance (Mobile City Code, Chapter 57, Article VIII); 2. Add a note to the PUD drawing stating that any and all proposed development will need to be in conformance with the Storm Water Management and Flood Control Ordinance (Mobile City Code, Chapter 17, Ordinance # & #65-045); the City of Mobile, Alabama Flood Plain Management Plan (1984); and, the Rules For Erosion and Sedimentation Control and Storm Water Runoff Control; 3. Add a note to the PUD drawing stating that any proposed dumpster pad(s) must be designed to collect storm water in a separate surface drain that is connected to the Sanitary Sewer system; 4. Add a note to the PUD drawing stating that any work performed within this development must comply with all Engineering Department Policy Letters; 5. Sidewalk along the frontage of Pleasant Valley Road and Magnolia Road is required, unless a waiver is approved; and 6. Remove the existing driveway and repair the ROW along Magnolia Road. TRAFFIC ENGINEERING COMMENTS Site shall be limited to one curb-cut to Pleasant Valley Road, with size, location and design to be approved by Traffic Engineering and conform to AASHTO standards. Access to Magnolia Road is denied, and any existing curb-cuts on either frontage shall be removed. The dumpster location not identified on site plan. No handicap parking has been identified, and modification to parking as shown may affect parking count. URBAN FORESTRY COMMENTS Property to be developed in compliance with state and local laws that pertain to tree preservation and protection on both city and private properties (State Act and City Code Chapters 57 and 64)

3 FIRE DEPARTMENT COMMENTS All projects within the City of Mobile Fire Jurisdiction must comply with the requirements of the 2009 International Fire Code, as adopted by the City of Mobile. REMARKS The applicant is requesting Subdivision approval to create two lots, and Planned Unit Development Approval to allow multiple buildings on a single building site, and Rezoning from R-1, Single-Family Residential to R-3, Multiple-Family Residential District to allow a multi-family apartment complex. Multi-family dwellings are allowed by right in R-3 Districts. The applicant proposes to create two (2) lots and rezone both lots from R-1, Single-Family Residential to R-3, Multi-Family Residential. One lot will accommodate the proposed multifamily development, and the other (25,000+ square feet) lot will be undeveloped at this time. The 2010 aerials show two existing single-family dwellings located on the proposed PUD site and an existing single-family dwelling is illustrated on the other proposed lot. Subdivision review examines the site with regard to promoting orderly development, protecting general health, safety and welfare, and ensuring that development is correlated with adjacent developments and public utilities and services, and to ensure that the subdivision meets the minimum standards set forth in the Subdivision Regulations for lot size, road frontage, lot configuration, etc. Planned Unit Development review examines the site with regard to its location to ensure that it is generally compatible with neighboring uses; that adequate access is provided without generating excess traffic along minor residential streets in residential districts outside the PUD; and that natural features of the site are taken into consideration. PUD review also examines the design of the development to provide for adequate circulation within the development; to ensure adequate access for emergency vehicles; and to consider and provide for protection from adverse effects of adjacent properties as well as provide protection of adjacent properties from adverse effects from the PUD. PUD approval is site plan specific, thus if any new construction is anticipated that will change an approved site plan, an application to amend an existing, approved PUD must be made prior to any construction activities. Zoning review examines the site in relation to Section of the Zoning Ordinance, which states that the intent of the Ordinance and corresponding Zoning Map is to carry out the comprehensive planning objective of sound, stable and desirable development. It additional states that while changes to the Ordinance are anticipated as the city grows, the established public policy is to amend the ordinance only when one or more of the following conditions prevail: 1) there is a manifest error in the Ordinance; 2) changing conditions in a particular area make a change in the Ordinance necessary and desirable; 3) there is a need to increase the number of sites available to business or industry; or 4) the subdivision of land into building sites makes reclassification of the land necessary and desirable. The site appears to be depicted as residential on the General Land Use Component of the Comprehensive Plan, which is meant to serve as a general guide, not a detailed lot and district - 3 -

4 plan or mandate for development. Moreover, the General Land Use Component allows the Planning Commission and City Council to consider individual cases based on additional information such as the classification request, the surrounding development, the timing of the request, and the appropriateness and compatibility of the proposed use and zoning classification. The site is bounded by properties zoned B-2, Neighborhood Business District; across Pleasant Valley Road to the South and across Magnolia Road to the East, R-1, Single-Family Residential, R-1, Single-Family Residential to the North and West. It should be noted that, while the property to the immediate West of the site is zoned R-1, the site next to it is an exiting apartment complex approved by the Board of Adjustment in February The applicant wishes to construct twelve (12) new 1,500 square foot single-family dwellings, provide 36 parking spaces, and minimum buffering from adjacent R-1, Single-Family property and construct an approximately 400-foot, 24-foot travel aisle and a compliant cul-de-sac. The applicant states that changing conditions in the area justify the rezoning request. The applicant states that within the past few years the area has transitioned from a residential to a mixed use of apartments and businesses. Directly across Pleasant Valley Road is a storage warehouse site zoned B-2 and an existing apartment complex in an R-3 district. The applicant believes that the continued redevelopment of the Pleasant Valley Road corridor provides the opportunity for additional housing in the area. An R-3 designation would allow 69 dwelling units on the 2.5 acre site by right, which would require a minimum of 103 parking spaces. The applicant is by comparison proposing 12 dwelling units, and 36 parking spaces. It should be noted that the development is not the typical apartment complex use, configuration and design, but simply twelve single-family dwellings on a large, R-1, single building site; therefore, the PUD approval and Rezoning are requried. The site plan depicts new trees and landscape areas, and indicates that a few of the existing trees on site will be preserved. Calculations are provided, that allow staff to determine: 1) adequate overall and frontage landscape area are provided; 2) that a minimum of 700 square feet of common area per dwelling unit will be provided (a multi-family residential PUD requirement); and 3) that the development will comply with the frontage, perimeter and parking area tree requirements. It should be noted that the applicant is requesting rezoning for both proposed lots; however, only Lot 1 is proposed for development. Therefore, Lot 2 should remain R-1, Single-Family since no development is proposed. The site plan also depicts a new curb-cut to the site via Pleasant Valley Road, which the location, design and size would be approved by Traffic Engineering and conform to AASHTO standards.. The site depicts sidewalks along Pleasant Valley Road, which is appropriate since this is along Wave Bus Route 9 outbound

5 It should also be pointed out that no dumpsters are depicted on the PUD site plan. If dumpsters will be placed on the site, they must be depicted on the site plan, with illustration and/or notation that the dumpsters will be connected to sanitary sewer as well. Regarding the Subdivision request, one fronts Pleasant Valley Road and the other Magnolia Road, both minor streets with curb and gutter requiring a minimum of 50-feet right-of-way. The preliminary plat illustrates 50-feet of right-of-way along Pleasant Valley Road, but does not illustrate the existing right-of-way along Magnolia Road; therefore, the Final Plat should illustrate the compliance of the minor street right-of-way along Magnolia Road or illustrate dedication to provide 25-feet from the centerline of Magnolia Road. It should be noted that proposed Lot 1 includes a portion of parcel R , a metes and bounds parcel adjacent to the West; therefore, the applicant should include this parcel in the subdivision and submit new labels and lot fees. RECOMMENDATION Subdivision: Based upon the preceding, this application is recommended for holdover to the meeting of September 5 th to allow the applicant to include parcel R and applicable lots fees and mailing labels, to be submitted no later than August 15 th : 1) dedication to provide sufficient right-of-way to provide 50-feet from the centerline of Pleasant Valley Road and Magnolia Road; 2) the placement of a note on the Final Plat stating that each lot be limited to the one curb cut to Pleasant Valley Road and Magnolia Road to be approved by Traffic Engineering and conform to AASHTO standards; 3) the subdivision process be completed prior to the issuance of any permits; 4) retention of the 25-foot minimum building setback line along all road frontages on the Final Plat; 5) full compliance with Engineering comments: (1. Provide all of the required information on the Final Plat (i.e. signature blocks, signatures, certification statements, written legal description, required notes, north arrow, vicinity map, legend, existing ROW width of Magnolia Road, bearings and bearings on all property lines) including the seal and signature of an Alabama Professional Land Surveyor; 2. Provide a signature block and signature from the Planning Commission, Owner(s) (notarized), and the Traffic Engineering Department; 3. Provide a signature block for the City Engineer and the County Engineer; 4. Add a note to the Plat stating that a Land Disturbance Permit will be required for any site improvements on the property. These improvements may require storm water detention. The Permit submittal shall be in accordance with the Storm Water Management and Flood Control Ordinance (Mobile City Code, Chapter 17, Ordinance # & #65-045); and 5. Add a note to the Plat that any work performed in the existing ROW (right-of-way) such as driveways, sidewalks, utility connections, grading, drainage, irrigation, or landscaping will require a ROW permit from the City of Mobile Engineering Department ( ) and must comply with the City of Mobile Right-of-Way Construction and Administration Ordinance (Mobile City Code, Chapter 57, Article VIII); - 5 -

6 6) full compliance with Traffic Engineering comments: (Site shall be limited to one curb-cut to Pleasant Valley Road, with size, location and design to be approved by Traffic Engineering and conform to AASHTO standards. Access to Magnolia Road is denied, and any existing curb-cuts on either frontage shall be removed. The dumpster location not identified on site plan. No handicap parking has been identified, and modification to parking as shown may affect parking count.); 7) placement of a note on the Final Plat stating that the approval of all applicable federal, state and local agencies is required for endangered or threatened species prior to the issuance of any permits or land disturbance activities, as depicted on the preliminary plat; 8) compliance with Fire comments: (All projects must comply with the requirements of the 2003 International Fire Code, including Appendices B through D, as adopted by the City of Mobile, and the 2003 International Existing Building Code, as appropriate). Planned Unit Development: Based upon the preceding, the PUD application is recommended for holdover to the meeting of September 5 th to allow the applicant to include parcel R and applicable lots fees and mailing labels, to be submitted no later than August 15 th : 1) revision of the site plan to show ALL improvements on the site, including, but not limited to, dimensions of parking stalls or drive aisles, indicate paving materials, and indicate the location of dumpsters to include the connection to sanitary sewer or a note on the site plan illustrating the garbage will be service by a private service; 2) depiction of dumpster locations on the site plans to comply with Section 64-4.D.9 of the Zoning Ordinance or placement of a note on the site plans stating that dumpsters will be completely screened from view and connected to sanitary sewer or placement of a note stating how garbage will be removed; 3) compliance with Urban Forestry Comments: (Property to be developed in compliance with state and local laws that pertain to tree preservation and protection on both city and private properties (State Act and City Code Chapters 57 and 64)); 4) full compliance with Traffic Engineering comments: (Site shall be limited to one curb-cut to Pleasant Valley Road, with size, location and design to be approved by Traffic Engineering and conform to AASHTO standards. Access to Magnolia Road is denied, and any existing curb-cuts on either frontage shall be removed. The dumpster location not identified on site plan. No handicap parking has been identified, and modification to parking as shown may affect parking count.); 5) compliance with Engineering Comments: (1. Add a note to the PUD drawing stating that any work performed in the existing Pleasant Valley Road or Magnolia Road ROW (rightof-way) such as grading, drainage, driveways, sidewalks, utility connections, irrigation, or landscaping will require a ROW permit from the City of Mobile Engineering Department ( ) and must comply with the City of Mobile Right-of-Way Construction and Administration Ordinance (Mobile City Code, Chapter 57, Article VIII); 2. Add a note to the PUD drawing stating that any and all proposed development will need to be in conformance with the Storm Water Management and Flood Control Ordinance (Mobile City Code, Chapter 17, Ordinance # & #65-045); the City of Mobile, Alabama Flood Plain Management Plan (1984); and, the Rules For Erosion and Sedimentation Control and Storm Water Runoff Control; 3. Add a note to the PUD - 6 -

7 drawing stating that any proposed dumpster pad(s) must be designed to collect storm water in a separate surface drain that is connected to the Sanitary Sewer system; 4. Add a note to the PUD drawing stating that any work performed within this development must comply with all Engineering Department Policy Letters; 5. Sidewalk along the frontage of Pleasant Valley Road and Magnolia Road is required, unless a waiver is approved; and 6. Remove the existing driveway and repair the ROW along Magnolia Road.); 6) placement of a note on the site plan stating that approval of all applicable Federal, state and local agencies for endangered, threatened or otherwise protected species is required prior to the issuance of any permits or land disturbance activities; 7) placement of a note on the site plan stating that any changes to the site plan will require new applications for Planning Approval and Planned Unit Development Approval prior to the issuance of any permits; 8) the submission to the Planning Section, two copies of the revised site plan, illustrating the conditions of approval; and 9) compliance with all other codes and ordinances. Rezoning: Based upon the preceding, the Rezoning application is recommended for holdover to the meeting of September 5 th to allow the applicant to include parcel R and applicable lots fees and mailing labels, to be submitted no later than August 15 th : 1) limited to an approved Planned Unit Development application; 2) completion of the subdivision process; and 3) compliance with all other codes and ordinances

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