ZONING AMENDMENT & SUBDIVISION STAFF REPORT Date: July 9, 2015 APPLICANT NAME 2513 Dauphin Street, Inc. SUBDIVISION NAME Audubon Place Extension No. 3, Resubdivision of Lots 1-5 LOCATION 2513 Dauphin Street (Southeast corner of Dauphin Street and South Florida Street). CITY COUNCIL DISTRICT District 1 PRESENT ZONING PROPOSED ZONING AREA OF PROPERTY B-1, Buffer Business District LB-2, Limited-neighborhood Business District 1 Lot / 0.9 + Acres CONTEMPLATED USE REASON FOR REZONING TIME SCHEDULE FOR DEVELOPMENT Subdivision approval to create 1 lot, and Zoning approval to rezone the site from B-1, Buffer Business, to LB-2, Limited-neighborhood Business, to allow the operation of a spa/salon. 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. Changing conditions in the vicinity of the site. Immediately ENGINEERING COMMENTS Subdivision: The following comments should be addressed prior to submitting the FINAL PLAT for acceptance and signature by the City Engineer: A. Correct the name of the subdivision. B. 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.
C. 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. D. Add a note to the SUBDIVISION PLAT stating that as shown on the 1984 aerial photo (FLIGHT 26 - #78) the Lot will receive historical credit of impervious area towards storm water detention requirement per Mobile City Code, Chapter 17, Storm Water Management and Flood Control) as follows: LOT 1 - NONE. E. 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. F. 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. G. Label the POB. H. Correct either the legal description or the distance label for the line along the southeast property (existing lots 3 5). I. Provide and label the monument set or found at each subdivision corner. J. Provide the Surveyor s, Owner s (notarized), Planning Commission, and Traffic Engineering signatures. K. Provide an updated Plat to Engineering Dept. for review prior to submittal for City Engineer s signature. L. Provide a copy of the Final Plat along with the original when submitting for City Engineer signature. Rezoning: No comments 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). - 2 -
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 Subdivision approval to create one (1) lot, and Zoning approval to rezone the proposed lot from a B-1, Buffer Business District to a LB-2, Limited-Neighborhood Business District to allow the operation of a spa/salon. 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. The preliminary plat illustrates the proposed 1-lot, 0.9 + acre subdivision which is located on the Southeast corner Dauphin Street and South Florida Street, in Council District 1. The applicant states that the site is served by public water and sewer services. As mentioned previously, the purpose of the subdivision is to create one legal lot of record from five legal lots of record. The site has frontage along Dauphin Street, a major street, and South Florida Street, a minor street without curb and gutter. As a major street, Dauphin Street should have a right-of-way width of 100 feet. The preliminary plat illustrates an existing right-of-way width of 66 feet, making dedication to provide 50 feet from the centerline necessary. As a minor street without curb and gutter, South Florida Street should have a right-of-way width of 60 feet. The preliminary plat illustrates an existing right-of-way width of 50 feet, making dedication necessary to provide thirty feet from the centerline. The site currently consists of an existing building with one curb cut to Dauphin Street and two curb cuts to South Florida Street. As a means of access management, a note should be placed on the Final Plat stating that the lot is limited to the existing curb cut to Dauphin Street and the two existing curb cuts to South Florida Street, with the size, design and location of all curb cuts to be approved by Traffic Engineering and conform to AASHTO standards. The plat, as currently depicted, does not illustrate the required 25 foot minimum building setback lines along South Florida Street and Dauphin Street. If approved, the Final Plat should be revised to depict the 25 foot minimum building setback lines along all street frontages. It should be noted that the existing structure is located within the minimum setback. If any future additions are proposed, they must be constructed in compliance with all applicable setback requirements. The plat should be revised to depict any easements associated with the property. As on the preliminary plat, the Final Plat, if approved, should retain the lot size in both square feet and in acres, revised for any required dedications. - 3 -
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. The site appears to be 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. The accuracy of recommended land uses on the General Land Use Component map is limited due to the large scale of the map. 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. As mentioned previously, the applicant s justification for rezoning the subject site is that they desire to operate a spa/salon and state that there is a need/desirability for LB-2 businesses within this area to serve the local community. According to the Zoning Ordinance, salon uses are allowed by-right in a LB-2, Neighborhood Business District. The site is bounded to the east by R-1, Single Family Residential, and by B-1, Buffer Business District to the Northeast, South, and West. The property located just Northwest of the site is zoned LB-2, Limited-neighborhood Business District. This site has been the subject of several applications to the Board of Zoning Adjustment. Initially, at the February 2, 1970 meeting, the Board denied a request for use variance to allow the operation of a service station. At the February 3, 1975 meeting, the Board denied a request for rear yard and use variance for a convenience food store. Similarly, at the January 8, 1979 meeting, a request for use variance to allow the operation of a convenience store was again denied by the Board. The subject site was originally zoned B-1, Buffer Business District in June 1980. According to the owner, the site is currently being occupied by a law firm that has been operating at this location for over twenty years although the property has been vacant for several years. Prior to the occupation of the law firm, the building served as a doctor s office. The present B-1, Buffer Business District zoning has been consistent with properties along the East and West sides of South Florida Street for a number of years; however, the general area as a whole is comprised of a combination of B-1, Buffer Business District; B-2, Neighborhood Business District; B-3, Community Business District; and LB-2, Limited Neighborhood Business District uses. It should be pointed out, that the commercial site located at the Northwest corner of North Florida Street and Dauphin Street has been rezoned multiple times over the years. In its most recent rezoning, the City Council, on May 6, 2003, approved the rezoning of the site from R-1, - 4 -
Single Family Residential District and B-1, Buffer Business District to LB-2, Limited Neighborhood Business District, to allow the construction of a pharmacy. It appears that the surrounding area may be in a state of transition as it relates to zoning, and that a change in the Ordinance may be considered necessary and desirable in order to keep pace with changing conditions within the area. The applicants request specifically addresses the second condition cited under Section 64-9. of the Zoning Ordinance; therefore, zoning approval may be deemed appropriate at this time. The site plan provided with the application generally delineates the overall parking and maneuvering area on the site, but does not specifically show parking spaces or the specific aisle areas available for vehicular movement on the site. While the proposed use will not change the applicable parking ratio for the site, the site plan should be revised to show the provision of demarcated parking and maneuvering areas, in compliance to the greatest extent possible with Section 64-6. of the Zoning Ordinance. Information regarding the size of the existing building in square feet should be provided. In addition to addressing the parking area, the site plan should be revised to illustrate a residential buffer compliant with Section 64-4.D.1 of the Zoning Ordinance, where the site abuts residential properties to the East. Since the site has been used commercially before the adoption of the tree and landscaping requirements of the Zoning Ordinance, compliance will not be required at this time unless the building area is increased or decreased by 50%. None the less, the site plan should quantify existing landscape areas and existing trees, and note if any are intended for removal. The applicant makes no mention of provisions for garbage collection. The site plan should be revised to illustrate a dumpster connected to sanitary sewer with an enclosure compliant with Section 64-4.D.9 of the Zoning Ordinance, or a note stating that curbside pickup will be used. RECOMMENDATION Subdivision: Based upon the preceding, this application is recommended for holdover until August 6 th, with revisions due by July 17 th to address the following: 1) Revision of the plat to reflect dedication to provide 50 from the centerline of Dauphin Street; 2) Revision of the plat to reflect dedication to provide 30 from the centerline of South Florida Street; 3) Revision of the Plat to illustrate the required 25 foot minimum building setback lines along South Florida Street and Dauphin Street, adjusted for any required dedication; 4) Placement of a note a on the Plat stating that the lot is limited to the existing curb cuts to both Dauphin Street and South Florida Street, with the size, design and location of all curb cuts to be approved by Traffic Engineering and conform to AASHTO standards. 5) Revision of the lot size in square feet and acres to reflect dedication; - 5 -
6) 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. Correct the name of the subdivision. B. 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. C. 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. D. Add a note to the SUBDIVISION PLAT stating that as shown on the 1984 aerial photo (FLIGHT 26 - #78) the Lot will receive historical credit of impervious area towards storm water detention requirement per Mobile City Code, Chapter 17, Storm Water Management and Flood Control) as follows: LOT 1 - NONE. E. 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. F. 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. G. Label the POB. H. Correct either the legal description or the distance label for the line along the southeast property (existing lots 3 5). I. Provide and label the monument set or found at each subdivision corner. J. Provide the Surveyor s, Owner s (notarized), Planning Commission, and Traffic Engineering signatures. K. Provide an updated Plat to Engineering Dept. for review prior to submittal for City Engineer s signature. L. Provide a copy of the Final Plat along with the original when submitting for City Engineer signature.); 7) 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.); 8) 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 61-929 and City Code Chapters 57 and 64).); and 9) Compliance with 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).). Rezoning: Based upon the preceding, this application is recommended for holdover until August 6 th, with revisions due by July 17 th to address the following: 1) Revision of the site plan to illustrate parking spaces and maneuvering areas, compliant to the greatest extent possible with Section 64-6. of the Zoning Ordinance; 2) Revision of the site plan to state the square footage of the existing structure; - 6 -
3) Revision of the site plan to identify and quantify the existing trees and landscape areas in square feet on the site; 4) Revision of the site plan to illustrate a residential buffer compliant with Section 64-4.D.1 of the Zoning Ordinance; and 5) Revision of the site plan to illustrate a dumpster connected to sanitary sewer with an enclosure compliant with Section 64-4.D.9 of the Zoning Ordinance, or a note stating that curbside pickup will be used; - 7 -
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