City of Orange Beach Planning Commission Case No

City of Orange Beach Planning Commission
Case No. 0601-PUD-13
Zeke’s Fisherman’s Village
STAFF REPORT
Names of Applicant:
Address of Property:
ZLM Acquisition, L.L.C., Tom Steber (Owner/Agent)
P.O. Box 2500, Orange Beach, AL 36561
(251) 609-1555, tomzekes@gulftel.com
Tax Parcels:
05-65-02-09-0-002-014.000
05-65-02-09-0-002-015.000
05-65-02-09-0-002-016.000
05-65-02-09-0-002-015.002
05-65-02-09-0-002-015.001
PPIN:
64465
9099
64466
9105
9100
Request:
Preliminary PUD Zoning and Master Plan Approval
Purpose of Request:
To consider an application to change the zoning classification from
RS-3 (Single-Family Residential) to Planned Unit Development
(PUD) and preliminary approval of the PUD Master Plan for two
townhome buildings with 16 total dwelling units and 16 boat slips
on Cotton Bayou.
The Planning Commission held a public hearing and considered
this application at its regular meeting on August 12, 2013. The
motion for Favorable Recommendation was denied (1-8).
Applicant Summary:
ZLM Acquisition purchased the subject parcels in 2009. The subject
parcels are part of the Chicago Gulf Beach Subdivision and are
northeast of the intersection of Jefferson Avenue and Taylor Lane. In
2009 the owners requested to rezone the subject parcels from RS-3
to PUD for the purpose of constructing a gravel parking area with
126 spaces and 44 boat slips on Cotton Bayou.
Applicable Regulations:
Article 4, Section 4.02, Requirements for Lot Area, Lot Width and
Other Factors
Article 4, Section 4.03, Minimum Setbacks
Article 4, Section 4.04, Maximum Building Height and Maximum
Density per Acre
Article 7, Section 7.03, Design Standards
Article 7, Section 7.04, Regulations
Article 7, Section 7.05, Procedures for Preliminary Approval
Article 8, Section 8.01, Required Off-Street Parking
Article 10, Section 10.03, Site Plan Requirements and Architectural
Review
Case No. 0601-PUD-13
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Article 12, Section 12.07, Amendments
Article 16, Tree Protection and Landscaping
Present Zoning:
RS-3 (Single-Family Residential)
Present Use:
Undeveloped
Surrounding Land
Use and Zoning:
Special Districts:
Streets & Traffic/
Parking Access:
Physical Site
Characteristics:
North: Cotton Bayou
South: Single-Family Residential (RS-3), Single-Family Dwellings
East: Planned Unit Development (PUD), Zeke’s Marina
West: Single-Family Residential (RS-3), Single-Family Dwellings
Overlay Zoning: Beach Overlay
Airport Zone: Transitional Surface E
Flood Zone: X, AE-6
The subject property is located northeast of the intersection of
Jefferson Avenue and Taylor Lane and is west of Zeke’s Marina.
Jefferson Avenue provides the only access to the site, but there are
two unimproved rights-of-way to the east (Madison) and west
(Jefferson). The proposed development will utilize the Jefferson
Avenue right-of-way, and per Section 4.10 of the Subdivision
Regulations, the owner will be responsible for making all necessary
improvements.
The proposed development is located west of Zeke’s Marina along
Cotton Bayou. The applicant is proposing to construct two
townhome buildings with 16 total dwelling units on the northern
end of the property. Both buildings will be three stories in height.
The development will also include 16 boat slips on Cotton Bayou.
Of the total lot area (2 acres), 36% (31,394 SF) are considered
wetlands, and of the total wetlands, the project will preserve 87%
(27,229 SF) and mitigate 13% (4,165 SF).
Character of
Neighborhood:
Future Lane Use Plan:
The subject property is located along Cotton Bayou and is situated
between low and high impact developments. Single-family dwellings
bound the property to the west and south, while Zeke’s Marina is
located to the east. Madison Avenue, situated east of the subject
property, is an unimproved right-of-way that has historically been
utilized for parking at the marina.
The subject parcels are shown in the 2006 Future Land Use Map as
part of the Single-Family Residential District which is described as
follows:
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Most of Orange Beach comprise of single-family residential areas
that are typically defined as a collection of individual lots with each
lot containing one single-family, detached dwelling unit. Singlefamily neighborhoods are scattered throughout the city. Prevalent
single-family neighborhoods include Bear Point, Terry Cove Harbor,
East Orange Beach, Marina Road, Cotton Bayou, Gulf Bay Road,
Lauder Place and Beaver Creek. Several single-family Planned Unit
Developments are located along the beach.
The Zoning Ordinance currently permits duplexes in single-family
areas, provided that the lot has a lot width of 75 feet and lot size of
10,500 square feet. Duplex developments have mostly occurred
along Marina Road.
The single-family residential category also allows other conventional
residential dwellings such as mobile or manufactured homes. Mobile
homes are located in the Oak Ridge subdivision and in several
mobile home parks in northwest Orange Beach. Mobile homes are
also on various lots in Bear Point.
Public Notifications:
Subject site and properties within 500 feet contain 62 parcels. Thirty
notifications sent.
Consistency with the Comprehensive Plan:
Section 7.03 of the Zoning Code states that it is the purpose and intent of the PUD Ordinance to have
developments that promote the goals of the Comprehensive Plan and that no PUD shall be approved
unless it is consistent with the goals of the Comprehensive Plan. The subject parcels are shown in
the 2006 Comprehensive Plan as part of the Beach Resort Neighborhood. The proposed rezoning
and project comply with the goals of this neighborhood as follows:
1.
Continuing to implement stringent guidelines for architectural standards, tiered
buildings, buffered parking and heavy landscaping per the Beach Overlay District.
The applicant states that the proposed architectural standards are consistent with the
design guidelines stated in Article 10 of the Zoning Code. The project will have heavy
landscaping along the Jefferson Avenue and Madison Avenue rights-of-way and also along
the south property, providing a sufficient buffer between the proposed development and
the single-family residences on Taylor Lane. Of the 36 total parking spaces being provided,
30 will be contained within the proposed structures, while the remaining will be located in
the front of the buildings and will be buffered by the side property line landscaping.
The applicant revised the site plan to extend the solid fence along the east property line
northward toward Cotton Bayou, buffering the development and the single-family
residential neighborhood to the west from viewing the Madison Avenue right-of-way.
2.
Incorporating sidewalks and pedestrian amenities within the required landscaping
of proposed developments to support pedestrian traffic between developments.
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The applicant states that the proposed project is not located along Perdido Beach Boulevard
and is not required to provide a pedestrian-oriented as is normally required for projects in
the Beach Overlay District.
3.
Establishing pedestrian crosswalks in strategic locations along Highway 182.
The proposed project is on the north side of Perdido Beach Boulevard, and residence will
have access to the waterway of Cotton Bayou. Establishing additional pedestrian crosswalks
along Perdido Beach Boulevard is not part of this project scope.
4.
Examining additional beach access points to compliment the public accesses at
Romar Beach, Cotton Bayou and Florida Point.
The proposed project is on the north sides of Perdido Beach Boulevard and additional beach
access points along the beach is not part of this project scope.
Consistency with the PUD Design Standards:
Section 7.03 of the Zoning Code states that all PUD proposals shall achieve one or more of the
following design standard objectives:
1.
A maximum choice in the types of environment; occupancy tenure, such as
cooperatives, individual ownership, condominium and leasehold; housing type; lot
sizes; and community facilities available to existing and potential residents at all
economic levels. (Section 7.03, A.)
According to the applicant, the residences at Fisherman’s Village will be under individual
condominium ownership. Each building will have eight dwelling units.
2.
More usable and suitably located open space, recreation areas and other common
facilities. (Section 7.03, B.)
The applicant states that the advantage of using 2 townhome buildings with 8 units each as
opposed to 13 single-family residences spaced out is the preservation of open space by
minimizing the footprint of the developed area. The common area swimming pool is ideally
located on a waterfront, providing recreation and common facilities that would not be
possible with 13 single-family lots.
3.
More convenience in location of accessory commercial and service areas. (Section
7.03, C.)
The applicant indicates that the dumpsters are located in enclosed structures within the
footprint of the building facing the main access drive, making it both convenient for access
while hiding it from view.
4.
Maximum enhancement and minimal disruption of existing natural features and
amenities. (Section 7.03, D.)
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The applicant states that the wetlands on the site have not only been preserved by
minimizing the project footprint, but also by the location of the two buildings. The wetlands
will also be a visible amenity for the project.
According to the submitted plans, there are 31,394 square feet of wetlands on the project site.
Of this, 27,229 square feet or 87% will be preserved, while 4,165 square feet or 13% will be
mitigated.
5.
The preservation of trees, habitat, outstanding natural topography and geologic
features and prevention of soil erosion. (Section 7.03, E.)
The applicant indicates that there is a single-family residential neighborhood abutting a dry
boat storage facility that is a 50-foot tall metal building, separated only by a landlocked
right-of-way. This development will help buffer the single-family residences from the dry
boat storage building and provide a transition from a high intensity commercial use down
to the low intensity residential use. The height of the townhome buildings do not exceed the
allowable single-family zoning height, and the detailing of the buildings is residential in
nature, keeping the proposed PUD project compatible with the existing single-family
residences.
The allowable single-family residential height is 50 feet in the Beach Overlay District.
6.
An efficient use of land resulting in small networks of utilities and streets and
thereby lowering housing costs. (Section 7.03, F.)
According to the applicant, the townhome buildings will help reduce the footprint of the
developed area, and the positioning of the buildings helps maximize the preservation of the
existing wetlands. More green space is provided than would have been by developing the
lots as it currently stands.
7.
A creative use of land related physical development which allows an orderly
transition from urban and suburban uses to rural or undeveloped areas. (Section
7.03, G.)
The applicant requests that readers refer to Section 7.03, E. and also note the positioning of
buildings preserve an open space immediately to the north and east of the existing singlefamily dwelling in the southwest corner of the site.
The Landscape Plan shows heavy landscaping along the west, south and east sides of the
project site. In addition, the solid fence on the east property line will be extended northward to
Cotton Bayou, blocking the view of the Madison Avenue right-of-way.
8.
More efficient and economic arrangement of varied land use, buildings, circulation
systems and facilities. (Section 7.03, H.)
The drives, access and utilities to the two buildings are as efficient as possible according to
the applicant.
Case No. 0601-PUD-13
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The project will relocate an existing 12-foot wide right-of-way southward and expand it to a
width of 20 feet. Due to the solid fence on the east property line, there will not be connectivity
between Jefferson Avenue and Madison Avenue.
9.
Project phasing that will ensure the balanced and coordinated development of varied
land uses and public facilities and services needed to support them. (Section 7.03, I.)
The west townhome building will be the first phase of the project. Staff has requested and the
applicant has agreed that the number of boat slips provided will correlate with the number of
unit being constructed.
10.
Better utilization of sites characterized by special features of geographic location,
topography, size or shape. (Section 7.03, J.)
The applicant states that the two main nature features provided by this site are the
waterfront and wetlands and that the project takes full advantage of the views of the
buildings as well as the amenities.
11.
Superior development and redevelopment which is more desirable than that which
would occur through strict application of the zoning code. (Section 7.03, K.)
The applicant asserts that 13 single-family dwellings would preclude the preservation of the
wetlands, creation of open space, transition from neighboring high intensity use, or the
ability to provide common area amenities. The proposed PUD accomplishes greater
preservation of wetlands, creates open space, and buffers and transitions the single-family
residences from the dry boat storage building.
PUD Master Plan Review:
Section 7.04 of the Zoning Code states that an approved PUD shall be considered a separate zoning
district in which development plans, as approved, establish the specific restrictions and regulations
customized to fit the type of plan proposed by which the development shall be governed.
Restrictions may be greater or lesser than the ones otherwise imposed by the Zoning Code and
Subdivision Regulations to achieve a development with fits the City’s Comprehensive Plan and PUD
Design Standards.
1.
Density: The criteria for establishing an average density includes the land use plan
for the area, existing surrounding density, density permitted by the existing zoning
classification, adequacy of existing and proposed public facilities and services and
site characteristics. Density must generally conform to the requirements as set out in
Article 4 of this ordinance and conform to the Comprehensive Plan. (Section 7.04, A.)
The proposed project will have a density of 8 dwelling units per acre (16 total dwelling
units / 2 acres).
With the townhome buildings being proposed at 3 floors, the maximum density allowed is
21 dwelling units per acre and the maximum units allowed is 42 units.
2.
Common Open Space: At least 20% of the area covered by a Final Development Plan
shall be landscaped or provide common open space owned and operated by the
Case No. 0601-PUD-13
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owner/developer or dedicated to a homeowner association or similar group. (Section
7.04, B.)
The proposed development will have two townhome buildings with each building having
eight units. Each building will have a building footprint coverage of 8,050 square feet and a
gross floor area of 28,161 square feet. In total, the development will have 16 dwelling units
with a building footprint coverage of 16,100 square feet and a gross floor area of 56,322
square feet.
The vehicular use area coverage is 10,249 square feet and other impervious coverage
(sidewalks, pools) is 3,150 square feet. The total impervious coverage for the development
is 29,499 square feet.
The development will be under condominium ownership with each unit having 1/16
ownership in the common open space. Common open space will involve driveways and
landscaped areas around the buildings and the swimming pool area near Cotton Bayou. The
project also proposes 16 boat slips on Cotton Beach with each unit owning a slip.
3.
Access and Parking: All streets, thoroughfares and access ways shall be designed to
effectively relate to the major thoroughfare plans of the City of Orange Beach.
Adequate off-street parking shall generally conform to the off-street parking
requirements set forth in Article 8 of the Zoning Ordinance unless otherwise
approved. (Section 7.04, C.)
The development requires 36 parking spaces broken down as follows:
4, 2-bedroom units * 2 spaces per unit =
8, 3-bedroom units * 2 spaces per unit =
4, 4-bedroom units * 3 spaces per unit =
8 spaces
16 spaces
12 spaces
The project will provide 36 total parking spaces, 34 regular spaces and 2 handicapped
spaces.
4.
Perimeter Requirements: The Planning Commission the City Council may impose the
requirement that structures, buildings and streets located at the perimeter of the
development be permanently screened to protect the privacy of the adjacent existing
uses. (Section 7.04, D.)
The development will provide the required landscaping along the rights-of-way of Jefferson
Avenue and Madison Avenue and also heavy landscaping along the south part of the subject
site to provide buffering between the proposed development and the single-family
residential use to the south.
The applicant has revised the site and landscaping plan to extend the solid fence on the east
property line northward to Cotton Bayou.
5.
Signage: The size, location, design and nature of signs, if any, and the intensity and
direction of area floodlighting shall be detailed in the application and must generally
conform to the sign regulations in Article 15, unless the massing and scale of the PUD
Case No. 0601-PUD-13
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would make additional or different requirements desirable. Signs must nonetheless
fit the design character of the development. (Section 7.04, E.)
The project proposes signage at the entrance areas at Jefferson Avenue and Madison
Avenue. The developer will be responsible for obtaining all necessary sign permits and
assuring that the signs comply with Article 15 of the Zoning Code.
6.
Height Limitation: The criteria for establishing height limitations includes the land
use plan for the area, existing surrounding building heights, heights permitted by the
existing zoning classification, adequacy of existing and proposed public facilities and
services and site characteristics. Height limitations must generally conform to the
requirements as set out in Article 4 of this ordinance and conform to the
Comprehensive Plan as well as the architectural standards set out in Article 10.
(Section 7.04, F.)
The townhome buildings will have three floors and have a proposed height of nearly 39.5
feet. The subject site is located in the part of the Beach Overlay District where the Zoning
Code limits the height to 50 feet.
7.
Landscaping and Tree Protection: The criteria for landscaping, removal of trees and
protection of heritage trees should generally conform to the requirements of Article
16. (Section 7.04, G.)
The development proposes 57,296 square feet of landscaped areas, equating to 66% of the
project site. There are 31,394 square feet of wetlands on the project site. The development
will preserve 27,229 square feet and mitigate 4,165 square feet.
Deviations from Zoning and Subdivision Standards:

The development will have 10-foot side setbacks on the east and west side property lines.
Since the proposed use is multi-family residential, the required side setbacks are 20 feet
instead of 10 feet. The distance between the two side walls of the townhome buildings is 20
feet, which meets code requirements.
Staff Comments:

Under RS-3 zoning, the owner can resubdivide the 27, 25-foot wide lots into 50-foot wide
lots and construct up to 13 single-family dwellings on the project site. Assuming the
dwelling footprints consume all of the buildable area (1,500 SF) of each lot, the total
footprint coverage of a single-family residential development will be at least 19,500 square
feet. In addition, the single-family residential development will consume more open area
and fill more wetlands.
The proposed development will have a total footprint coverage of 16,100 square feet, and
with the buildings being placed on the north end of the project area, there will be more
open area and wetland areas preserved.

The positioning of the buildings on the north end of the project site along Cotton Bayou
provides more of a buffer between the proposed multi-family residential use and the singlefamily residential use to the south. The proposed plan shows 155 feet between the west
Case No. 0601-PUD-13
Page 9
building and the south property line behind the Lloyd residence. A single-family residential
development under RS-3 would place a dwelling structure 10 feet from the south property
line.

The proposed development will increase traffic on Jefferson Avenue. This roadway has a
width of 30 feet at its intersection with Perdido Beach Boulevard and shrinks to a width of
10 feet north of its intersection with Taylor Lane. The developer will be responsible for
making all necessary right-of-way and roadway improvements north of the Jefferson
Avenue and Taylor Lane intersection.
Options:
1.
Recommend to City Council approval of Preliminary PUD Zoning and Master Plan
Approval to change the zoning classification from RS-3 (Single-Family Residential) to
Planned Unit Development (PUD) and preliminary approval of the PUD Master Plan for two
townhome buildings with 16 total dwelling units and 16 boat slips on Cotton Bayou.
2.
Recommend to City Council approval with conditions of Preliminary PUD Zoning and
Master Plan Approval.
Recommended Conditions:

Clarifying on the engineering plans that the alley right-of-way will be relocated on
the project site and having a width of 20 feet. The submitted plans show it was
being vacated.

Providing a concurrence letter from the solid waste collection agency on the
proposed location for the dumpsters.

Revising the Site Plan on the architectural submittal to show the west building as
Phase I and the east building as Phase II.

Clarifying the vehicular layout on the Ground Floor Plans on Sheet A101 of the
architectural submittal. Assuming this is the west building or Phase I building, the
vehicular driveway from the outside is show entering the east side instead of the
west side as shown on the Site Plan.

Revising the Exterior Lighting Plan to reflect the proposed vehicular layout shown
on the Site Plan. The submitted plan shows the previous vehicular pattern layout
with the drive aisle for the east building exiting onto the Madison Avenue ROW.
Also, the plan shows the driveway in front of the buildings connecting with the
Madison Avenue ROW.

Prior to Final PUD Master Plan consideration by the Planning Commission, the
City will need approval from the US Army Corps of Engineers and the Alabama
Department of Environmental Management for the wetland fill and the proposed
mitigation plan, if applicable, in compliance with the City of Orange Beach
Wetland Ordinance. Please note that mitigation for impacted wetlands located
within City right-of-way, in the form of newly created wetlands, is problematic
due to violations that would occur if the mitigation area is not properly
Case No. 0601-PUD-13
Page 10
maintained and monitored as required by the approved mitigation plan. If the
amount of impacted wetlands allows for the issuance of a Nationwide as opposed
to an individual permit, the requirement for the establishment of a mitigated
wetland would not be applicable. The Hutchinson Moore & Rauch Civil drawings
need to show the wetland located within the Jefferson Avenue right-of-way, to the
north of the proposed roadway improvement.

The architectural plans indicate that the alley right-of-way is to be relocated to
the location of the proposed drive aisle south of the proposed townhomes. This
needs to be brought to the attention of the Planning Commission and City Council.

In a meeting with the developer, it was stated that a fence is proposed along the
west right-of-way line of Madison Avenue. The fence needs to be labeled on the
site plan and the size and type indicated. Applicant needs to be informed that a
gate across the proposed alley right-of-way obstructs usage by the general public
and normally not allowed by the City.

Community Development has received a number of complaints regarding the
utilization of the Madison Avenue right-of-way for parking and placement of
marina equipment/containers within the public right-of-way. The applicant has
been informed of these concerns and has revised the plans to show access to the
subject site from Jefferson Avenue and a fence along the Madison west right-ofway. No improvements to Madison Avenue are included within the scope of this
project.

Concerns have been expressed by the abutting residential property about how
access to his driveway will be maintained during construction of the Jefferson
Avenue roadway improvements. Temporary access to this property will be
necessary during construction of the roadway improvements.

The plans show a temporary laydown adjacent to the abutting single family
residential lot on the southwest side of the site. Staff is recommending that the 30
foot buffer requirement be provided and recognized during the construction of
this development. This are should be defined by construction or silt fencing and
remain undisturbed during construction.

Notation is provided on the architectural overall site plan stating that the boat
slips are for the exclusive use of the Fisherman’s Village residents. It should be
clarified whether the applicant is requesting the ability for Fisherman’s Village
residents to conduct charter operations out of this dock facility.

Notation needs to be provided on the plan that no outdoor storage of boats or
trailers will occur on the property. If the applicant desires the ability for residents
to store boats and/or trailers on the property, the location of the boat and trailer
storage needs to be indicated on the site plan. Utilization of the subject property
for storage of equipment, vehicles and/or boats and trailers associated with
Zekes Marina is prohibited unless approved by City Council and indicated on the
approved PUD Master Plan.
Case No. 0601-PUD-13
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3.
Recommend to City Council denial of Preliminary PUD Zoning and Master Plan
Approval.
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SUBJECT PARCELS: Northeast of Jefferson Ave. & Taylor Ln. intersection
The subject site is situated northeast of Jefferson Avenue and Taylor Lane and west of Madison
Avenue. The site is presently zoned RS-3.
View of the subject site from the Madison Ave. ROW (looking towards the northwest).
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View of the subject site from the Madison Avenue ROW (looking towards the southwest).
View of the subject site looking towards the west.
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View of the subject site looking towards the southwest.
View of Jefferson Avenue, north of its intersection with Taylor Lane.
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View of the Jefferson Avenue ROW looking towards the north.