SUBDIVISION, PLANNING APPROVAL, & REZONING STAFF REPORT Date: June 4, 2015 APPLICANT NAME SUBDIVISION NAME DEVELOPMENT NAME LOCATION Board of Water & Sewer Commissioners of the City of Mobile MAWSS MLK Subdivision MAWSS MLK Subdivision 1472, 1510, and 1516 Dr. Martin Luther King Jr. Avenue (North side of Dr. Martin Luther King Jr. Avenue, 145 ± West of Bizzell Avenue, extending to the East side of Three Mile Creek) CITY COUNCIL DISTRICT Council District 2 PRESENT ZONING PROPOSED ZONING AREA OF PROPERTY CONTEMPLATED USE TIME SCHEDULE FOR DEVELOPMENT R-1, Single-Family Residential District B-2, Neighborhood Business District R-1, Single-Family Residential District 1 Lot/10.0± Acres Subdivision Approval to create a single legal lot of record from four metes and bounds parcels; Planning Approval to allow a sewage pumping station in an R-1, Single-Family Residential District, and Rezoning from R-1, Single-Family Residential District and B-2, Neighborhood Business District to R-1, Single-Family Residential District to eliminate split zoning. 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. None provided
ENGINEERING COMMENTS Subdivision: The following comments should be addressed prior to submitting the FINAL PLAT for acceptance and signature by the City Engineer: A. Provide monumentation at the remaining Rivers Avenue ROW along the west property line (along Three Mile Creek). B. Show and label the location for Point A Point B, and Point C. C. Label the bearings and distances as record or actual if both are shown. D. Complete the ROW Vacation process. Show the recording information for the vacated rightof-way. E. Provide all of the required information on the SUBDIVISION PLAT (i.e. signature blocks, signatures, certification statements, written legal description, required notes, legend, scale, bearings and distances) that is required by the current Alabama State Board of Licensure for Professional Engineers and Land Surveyors. F. Add a note to the SUBDIVISION PLAT stating that a Land Disturbance permit will be required for any land disturbing activity in accordance with Mobile City Code, Chapter 17, Storm Water Management and Flood Control); the City of Mobile, Alabama Flood Plain Management Plan (1984); and, the Rules For Erosion and Sedimentation Control and Storm Water Runoff Control. G. Add a note to the Plat stating that the approval of all applicable federal, state, and local agencies (including all storm water runoff, wetland and floodplain requirements) will be required prior to the issuance of a Land Disturbance permit. H. Revise the plat to label each lot with its size in acres and square feet, or the furnishing of a table on the Plat providing the same information. I. Show and label the MFFE (Minimum Finished Floor Elevation) on each lot that contains an AE, V, or X (shaded) flood zone designation. J. Provide and label the monument set or found at each subdivision corner. K. Add a signature block for Planning Commission, Traffic Engineer, and City Engineer. L. Provide the Surveyor s, Owner s (notarized), Planning Commission, and Traffic Engineering signatures. M. Add a note that sidewalk is required to be constructed, and/or repaired, along the frontage of each lot, or parcel, at time of development, unless a sidewalk waiver is approved. N. Provide an updated Plat to Engineering Dept. for review prior to submittal for City Engineer s signature. O. Provide a copy of the Final Plat along with the original when submitting for City Engineer signature. Planning Approval: ADD THE FOLLOWING NOTES TO THE PUD SITE PLAN: 1. 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 (208-6070) and must comply with the City of Mobile Right-of-Way Construction and Administration Ordinance (Mobile City Code, Chapter 57, Article VIII). -2-
2. A Land Disturbance Permit application shall be submitted for any proposed land disturbing activity with the property. A complete set of construction plans including, but not limited to, drainage, utilities, grading, storm water detention systems, paving, and all above ground structures, will need to be included with the Land Disturbance permit. This Permit must be submitted, approved, and issued prior to beginning any of the construction work. 3. Any and all proposed land disturbing activity within the property will need to be submitted for review and be in conformance with Mobile City Code, Chapter 17, Storm Water Management and Flood Control); the City of Mobile, Alabama Flood Plain Management Plan (1984); and, the Rules For Erosion and Sedimentation Control and Storm Water Runoff Control. 4. The approval of all applicable federal, state, and local agencies (including all storm water runoff, wetland and floodplain requirements) will be required prior to the issuance of a Land Disturbance permit. The Owner/Developer is responsible for acquiring all of the necessary permits and approvals. 5. The proposed development must comply with all Engineering Department design requirements and Policy Letters. TRAFFIC ENGINEERING COMMENTS Driveway number, size, location and design to be approved by Traffic Engineering and conform to AASHTO standards. Any required on-site parking, including ADA handicap spaces, shall meet the minimum standards as defined in Section 64-6 of the City s Zoning Ordinance. 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 61-929 and City Code Chapters 57 and 64). FIRE DEPARTMENT COMMENTS All projects within the City Limits of Mobile shall comply with the requirements of the City of Mobile Fire Code Ordinance. (2012 International Fire Code) Projects outside the City Limits of Mobile, yet within the Planning Commission Jurisdiction fall under the State or County Fire Code. (2012 IFC) MAWSS COMMENTS No comments. REMARKS The applicant is requesting Subdivision Approval to create a single legal lot of record from four metes and bounds parcels; Planning Approval to allow a sewage pumping station in an R-1, Single-Family Residential District; and Rezoning from R-1, Single-Family Residential District and B-2, Neighborhood Business District to R-1, Single- Family Residential District, to eliminate split zoning. 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 -3-
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. The proposed lot, as depicted, meets the minimum size and frontage requirements as regulated by the Subdivision Regulations. The lot area sizes are depicted on the plat in square feet and acres. The lot sizes should be retained in square feet and acres on the Final Plat, if approved. The lot fronts Dr. Martin Luther King Jr. Avenue and Bizell Avenue, both minor streets with curb and gutter; and Rivers Avenue, an unopened right-of-way. The Subdivision Regulations require all minor roads with curb and gutter to have a right-of-way minimum of 50. Dr. Martin Luther King Jr. Avenue is illustrated as having a right-of-way that varies, possibly making dedication to provide 25 from the centerline of Dr. Martin Luther King Jr. Avenue necessary. Bizell Avenue and Rivers Avenue are both illustrated as having 50 right-of-ways, making no dedications necessary. The preliminary plat illustrates that a majority of Rivers Avenue is to be vacated. An application should be submitted to the City Clerk s office to begin the vacation process. Section V.B.16. of the Subdivision Regulations requires a minimum curb radius at intersecting streets, however, since only a stub of Rivers Avenue will remain upon completion of the vacation, a waiver of this requirement may be appropriate. The 25-foot minimum building setback line is not depicted along Dr. Martin Luther King Jr. Avenue, Bizell Avenue, or Rivers Avenue. If approved, the Final Plat should illustrate the minimum setback line along all unvacated right-of-ways. As stated in Section 64-9 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. It should be noted that the rezoning site is depicted as mostly residential, with commercial along Dr. Martin Luther King Jr. Avenue, 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. Regarding the need for rezoning, the applicant states: The property is currently split zoning R-1 and B-2. The proposed zoning is for the entire property to be zoned R-1. The passage of this zoning amendment is necessary so the Mobile Area Water and Sewer System (MAWSS) can construct a new sewer pumping station on the property. -4-
The existing sanitary sewer serving the area north of Martin Luther King Jr. Avenue from Peach Street westward to Bizzel Avenue crosses under Three Mile Creek west of Bizzel Avenue before discharging to a larger diameter trunk sewer. This creek crossing limits the carrying capacity of the sewer line. Despite MAWSS completing substantial sewer rehabilitation in this area, heavy rain events continue to cause poor sewer performance due to the constriction caused by the creek crossing. The proposed pump station will alleviate these capacity issues, greatly improve the performance of this portion of the sewer system, and will substantially reduce the chance of heavy rainfall causing overflows in this area of the sewer system. The pump station will be enclosed with a privacy fence and will consist of a underground wet well tank, underground submersible pumps, a trailer mounted backup pump, and state-of-the art odor control technology. There are no probable effects of this proposed amendment on the surrounding land use and properties. There are heavy woods on the property that will provide a significant buffer surrounding the proposed improvements for nearby residential and commercial properties. MAWSS has no plans to allow further development of this property beyond the construction of the new sewer pumping station. This amendment request meets the following criteria: 2) changes in conditions in a particular area make a change in ordinance necessary and desirable, 4) the subdivision of land into urban building sites (i.e. new lift station) makes reclassification necessary The proposed use of the property and the subdivision of land do necessitate the rezoning request. Approval will allow for the provision of critical public infrastructure that will directly and positively impact public health, safety, and welfare. The review required for Planning Approval examines the applicant s location and site plan with regard to transportation, parking and access, public utilities and facilities, traffic congestion and hazard, and to determine if the proposal is in harmony with the orderly and appropriate development of the district. Planning Approval is site plan and use specific, thus any future changes to the site or operation of the facilities will require additional Planning Approval. The applicant is proposing to place a sewage pumping station and associated equipment on a 50 x 50 portion of the 10± acre site, with the rest of the site proposed to remain in its current vegetative state. It should be noted that 2 frontage trees should be placed along Dr. Martin Luther King Jr. Avenue. to reflect compliance for that portion of the site being developed. If the trees will be located within 15 of overhead power lines, they should be live oaks. The proposed site plan illustrates an existing gravel driveway and proposes that the area housing the new pump station have gravel surfacing. Due to the nature of the proposed facility, it is possible that the applicant will require large vehicles to service the site, as well as possible land disturbing activities to service connecting sewer lines; therefore it may be appropriate to allow gravel surfacing, due to the unique nature of the facility. -5-
No mention is made of whether the site will utilize a dumpster, or curbside pickup; however, due to the nature of the site, such needs are unlikely. The applicant proposes to enclose the sewage pump station with an 8 high privacy fence. This in combination with the existing trees on site to remain, will be more than sufficient to comply with the residential buffering requirements of Section 64-4.D. of the Subdivision Regulations. RECOMMENDATION Subdivision: The request is recommended for Tentative Approval, with a waiver of Section V.B.16. of the Subdivision Regulations, subject to the following conditions: 1) dedication to provide 25 from the centerline of Dr. Martin Luther King Jr. Avenue, if necessary; 2) illustration of the 25 minimum building setback line along all right-of-ways, after dedication; 3) provision of the lot size in square feet and acres, after any required dedication; 4) full compliance with Engineering comments: (The following comments should be addressed prior to submitting the FINAL PLAT for acceptance and signature by the City Engineer: A. Provide monumentation at the remaining Rivers Avenue ROW along the west property line (along Three Mile Creek). B. Show and label the location for Point A Point B, and Point C. C. Label the bearings and distances as record or actual if both are shown. D. Complete the ROW Vacation process. Show the recording information for the vacated right-of-way. E. Provide all of the required information on the SUBDIVISION PLAT (i.e. signature blocks, signatures, certification statements, written legal description, required notes, legend, scale, bearings and distances) that is required by the current Alabama State Board of Licensure for Professional Engineers and Land Surveyors. F. Add a note to the SUBDIVISION PLAT stating that a Land Disturbance permit will be required for any land disturbing activity in accordance with Mobile City Code, Chapter 17, Storm Water Management and Flood Control); the City of Mobile, Alabama Flood Plain Management Plan (1984); and, the Rules For Erosion and Sedimentation Control and Storm Water Runoff Control. G. Add a note to the Plat stating that the approval of all applicable federal, state, and local agencies (including all storm water runoff, wetland and floodplain requirements) will be required prior to the issuance of a Land Disturbance permit. H. Revise the plat to label each lot with its size in acres and square feet, or the furnishing of a table on the Plat providing the same information. I. Show and label the MFFE (Minimum Finished Floor Elevation) on each lot that contains an AE, V, or X (shaded) flood zone designation. J. Provide and label the monument set or found at each subdivision corner. K. Add a signature block for Planning Commission, Traffic Engineer, and City Engineer. L. Provide the Surveyor s, Owner s (notarized), Planning Commission, and Traffic Engineering signatures. M. Add a note that sidewalk is required to be constructed, and/or repaired, along the frontage of each lot, or parcel, at time of development, unless a sidewalk waiver is approved. N. Provide an updated Plat to Engineering Dept. for review prior to submittal for City Engineer s signature. O. Provide a copy of the Final Plat along with the original when submitting for City Engineer signature.); -6-
5) full compliance with Traffic Engineering comments: (Driveway number, size, location and design to be approved by Traffic Engineering and conform to AASHTO standards. Any required on-site parking, including ADA handicap spaces, shall meet the minimum standards as defined in Section 64-6 of the City s Zoning Ordinance.); and 6) compliance with Fire comments: (All projects within the City Limits of Mobile shall comply with the requirements of the City of Mobile Fire Code Ordinance. (2012 International Fire Code)Projects outside the City Limits of Mobile, yet within the Planning Commission Jurisdiction fall under the State or County Fire Code. (2012 IFC).). Planning Approval: Based on the preceding Planning Approval request is recommended for Approval, subject to the following conditions: 1) provision of two frontage trees along Dr. Martin Luther King Jr. Avenue; 2) completion of the Subdivision process prior to obtaining permits; and 3) full compliance with all municipal codes and ordinances. Rezoning: Based on the preceding, the rezoning is recommended for Approval, subject to the following conditions: 1) completion of the Subdivision process; and 2) full compliance with all municipal codes and ordinances. -7-
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