ZONING AMENDMENT, PLANNED UNIT DEVELOPMENT & SUBDIVISION STAFF REPORT Date: September 15, 2011
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1 ZONING AMENDMENT, PLANNED UNIT DEVELOPMENT & SUBDIVISION STAFF REPORT Date: September 15, 2011 NAME SUBDIVISION NAME LOCATION Stratford, L.L.C. Grelot Office Park Subdivision North side of Grelot Road, 475 ± East of Somerby Drive CITY COUNCIL DISTRICT District 6 PRESENT ZONING PROPOSED ZONING AREA OF PROPERTY CONTEMPLATED USE TIME SCHEDULE B-1, Buffer Business District LB-2, Limited Business District B-1, Buffer Business District 3 Lots/5.6± Acres Rezoning from LB-2, Limited Business District and B-1, Buffer Business District, to B-1, Buffer Business District, to eliminate split zoning in a proposed Subdivision, Planned Unit Development Approval to allow shared access between three building sites, and Subdivision to create three legal lots of record from one legal lot of record. 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. Immediately ENGINEERING COMMENTS Need to coordinate with the City Engineer to ensure that the drainage easements as shown are of adequate width and alignment prior to completion of the final plat. Show Minimum Finished Floor Elevation on each lot on Plat. There is to be no fill placed within the limits of the flood plain without providing compensation or submission of an approved No Rise Certification or Flood Study. Must comply with all storm water and flood control ordinances. Any work performed in the right of way will require a right of way permit in addition to any required land disturbance permit. Drainage from any dumpster pads cannot discharge to storm sewer; must have connection to sanitary sewer
2 TRAFFIC ENGINEERING COMMENTS Driveway number, size, location, and design to be approved by Traffic Engineering and conform to AASHTO standards. 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). 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. The following should also be considered: A clear paved or concrete path (apparatus access) having a minimum of 20 feet width and 13 foot 6 inch vertical clearance under any protrusions such as a canopy The access road to extend within150 feet of all portions of the facility and all portions of the exterior walls of the first floor of a building A turn-a-round area for dead-end access roads in excess of 150 feet Fire hydrants to be located within 400 feet, as measured by an approved route around the exterior of the facility or building, of a non-sprinklered structure and 600 feet of a sprinklered structure. MAWSS Comments: MAWSS has water and sewer services available, but a Capacity Assurance application for additional sewer service has not been applied for. MAWSS cannot guarantee additional sewer service until a Capacity application is approved by Volkert Engineering, Inc. REMARKS The applicant is requesting rezoning from LB-2, Limited Business District and B-1, Buffer Business District, to B-1, Buffer Business to eliminate split zoning in a proposed Subdivision, Planned Unit Development Approval to allow shared access between three building sites, and Subdivision to create three legal lots of record and one common area from one legal lot of record. The site, which is currently undeveloped, is bounded, to the West by undeveloped land in a B-1 zoning district, to the North by a common area for an 18-lot residential subdivision in an R-1, Single-Family Residential district, to the East by existing residential dwellings in an R-1, Single- Family Residential district, and to the South across Grelot Road by undeveloped land, an existing business office and an existing apartment complex in a B-1, Buffer Business District The proposed 5.6± acre, 3-lot subdivision fronts Grelot Road, a major street, which has right-ofway illustrated as 100-feet. Since Grelot Road is a major street, which requires 100-feet of rightof-way by the Major Street Component of the Comprehensive Plan, the current illustrated rightof-way meets the minimum requirements
3 Due to the location and size of the development, access management is a concern. However, since an application for a Planned Unit Development (PUD) is included to allow shared access between all (3) lots in this development, the proposed single curb cut providing one access point to this multiple building development would be a positive aspect, limiting the number of curb cuts to a major street. Planned Unit Development approvals are site specific and any change to the location, size and design of the proposed curb cut would require resubmission of the Planned Unit Development. As stated in Section of the Zoning Ordinance, the intent of the Ordinance and corresponding Zoning Map is to carry out the comprehensive planning objective of sound, stable and desirable development. 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 applicant states that the reasoning behind the request for rezoning is to eliminate split zoning that would exist on the proposed Lot 3 of the Subdivision. It should be noted that this site was previously rezoned from B-1, Buffer Business District to its current zoning LB-2, Limited Business District at the March 19, 2009 of the Planning Commission, which was subsequently approved by the City Council. The site is depicted as commercial 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 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 applicant s accompanying Subdivision and PUD applications necessitate the rezoning in order to eliminate both existing and potential split zoning on the proposed Lot 3. The applicant is proposing a multi-building development consisting of one building on each lot. On Lot 1, a proposed 9,000 square-foot building and 30 parking spaces; Lot 2, a proposed 10,000 square-foot building and 33 parking spaces; and on Lot 3, a proposed 15,764 square-foot church and 140 parking spaces are illustrated on the site plan. Access to the proposed development will be via, a shared two-way driveway to Grelot Road. It should be noted that the parking provided for Lots 1 and 2 have been calculated using the general business ratio of one parking space per 300 square feet. While Lot 1 provides an adequate number of spaces, it appears that Lot 2 is one space short of meeting the minimum requirements as calculated. It should also be noted that Lot 3 is currently proposed to be developed as a church. This means the minimum parking requirements are calculated based on the number of seats provided. This information is not given, therefore staff is unable to determine if the proposed parking on Lot 3 is adequate. It should also be noted that no ADA - 3 -
4 compliant parking is depicted. Because the requirements of ADA parking may alter the parking layout, the site plan should be revised to show compliance. It should be noted that there is a proposed canopy extending from the building on Lot 3 that covers the accessway to the parking spaces behind the building. The canopy will be used to drop-off and pick-up passengers, thereby temporarily blocking traffic, and potentially creating traffic issues. Also, the Mobile Fire-Rescue Department requires that canopies have a minimum vertical clearance of 13-feet 6-inches. The applicant should provide information verifying that the proposed canopy meets this requirement. It should also be noted that when this site was the subject of a different subdivision at the Planning Commission s March 19, 2009 meeting, Traffic Engineering recommended that the site be denied access to the Grelot Service Road, with the entrance barricaded. The applicant is currently proposing no access to the Service Road, however, there may be fire safety concerns that may make emergency vehicle access to the Service Road desirable. No information is provided regarding landscaping percentages or the location of the required trees. As the Planned Unit Development is proposed with several common interior property lines, staff has in the past allowed these interior property lines not be counted as perimeter lot lines, but rather look at the overall Planned Unit Development (PUD). Detailed information must be provided so that staff can determine if the site meets tree and landscape requirements. There are no dumpsters illustrated on the site plan. The applicant should revise the site plan to provide a dumpster for each building, screened from view and in compliance with Section 64-4.D.9 of the Zoning Ordinance. The site abuts R-1, Single-Family Residential to the East and North. The site plan illustrates a 20-foot landscape buffer/utility easement along the East. It should be noted that a minimum 10 limited use buffer should be depicted along the North as well as a 6 high privacy fence along the East and North. 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. Regarding the Subdivision, the proposed lots exceed the minimum size requirements of Section V.D.2. of the Subdivision Regulations. The lots sizes are provided in acres and square feet, and should remain on the Final Plat, if approved. It should also be noted that the proposed Lot 2 is 120 ± wide at the building setback line and 477 ± deep. Section V.D.3. of the Subdivision Regulations states that the maximum depth of any lots, exclusive of unusable land shall not be more than 3.5 times the width at the building setback line. Using this calculation, proposed Lot 2 is 57 ± deeper than allowed
5 The proposed subdivision includes a common area. If approved, a note should be placed on the Final Plat stating that the property owners are responsible for the maintenance of all common areas. The preliminary plat depicts a 25 building setback line for Lots 1 and 2, as well as a 30 building setback line for Lot 3. It should be noted that the setback on the proposed Lot 1 does not follow the property line along all public rights-of-way, and should be corrected. Also, the proposed Lot 3 should have a building setback illustrated from the Grelot Service Road to the East. These setbacks should be depicted on the Final Plat, if approved. A portion of the proposed Lot 1 appears to contain floodplains associated with Milkhouse Creek. The presence of floodplains indicate that the area may be environmentally sensitive; therefore, the approval of all applicable federal, state and local agencies for wetland and floodplain issues will be required prior to the issuance of any permits or land disturbance activities. A note should be placed on the Final Plat stating this requirement. RECOMMENDATION Rezoning: The rezoning request is recommended for Holdover until the October 20, 2011 meeting so that the applicant can submit additional information by September 21, 2011 for the PUD application, and comply with the following: 1) the provision of a 20-foot natural vegetative buffer and 6-foot high wooden privacy fence on the inside of the buffer, to the East; 2) the provision of a 10-foot natural vegetative buffer and 6-foot high wooden privacy fence on the inside of the buffer, to the North; and 3) development limited to an approved Planned Unit Development (PUD). Planned Unit Development: The PUD request is recommended for Holdover until the October 20, 2011 meeting so that the applicant can submit additional information by September 21, 2011 for the PUD application, and comply with the following: 1) placement of a note stating how many seats will be in the proposed church on Lot 3; 2) provision of adequate parking on Lot 2; 3) provision of all necessary ADA compliant parking; 4) revision of the site plan to depict compliance with the tree and landscaping requirements of the Zoning Ordinance; 5) provision of a dumpster for each building, screened from view and in compliance with Section 64-4.D.9 of the Zoning Ordinance, or the placement of a note on the site plan stating that garbage collection will be curb-side via a private pick-up service and no dumpster will be utilized; 6) labeling of the vertical clearance of the proposed canopy on Lot 3; 7) compliance with Fire Department comments; 8) provision of a 20 natural vegetative buffer and 6 high privacy fence on the inside of the buffer to the East; and 9) provision of a 10 natural vegetative buffer and 6 high privacy fence on the inside of the buffer to the North
6 Subdivision: The Subdivision request is recommended for Holdover until the October 20, 2011 meeting so that the applicant can submit additional information by September 21, 2011 for the PUD application, and comply with the following: 1) depiction of the 25-foot minimum building setback line from all public right-of-ways for Lots 1 and 2, as required by Section V.D.9. of the Subdivision Regulations; and 2) depiction of the 30-foot minimum building setback line from all public right-of-ways for Lot 3, as required by Section V.D.9. of the Subdivision Regulations
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