planning approval staff reportmedia.al.com/news_mobile_impact/other/midtown...after the engineering...

# 1 HOLDOVER Revised SUB-2016-00035,

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SUBDIVISION

PLANNED UNIT DEVELOPMENT &

REZONING STAFF REPORT Date: May 5, 2016

DEVELOPMENT NAME Midtown Mobile Subdivision

IRC-Mobile Midtown, LLC

LOCATION 100 North Florida Street &

LOCATION 2518, 2524, 2534, 2536 and 2540 Old Shell Road

(Northeast corner of North Florida Street and Old Shell

Road, extending to the North side of Eddington Drive

South).

CITY COUNCIL

DISTRICT District 1

PRESENT ZONING R-1, Single-Family Residential and B-2, Neighborhood

Business

AREA OF PROPERTY Subdivision: 2 Lots / 9.8 + Acres

PUD: 10.17 + Acres

Rezoning: 9.8 + Acres

CONTEMPLATED USE Subdivision Approval to create two legal lots of record.

Planned Unit Development (PUD) Approval to multiple

building on a single building site and shared access and

parking with a separate building site. Rezoning from R-1,

Single-Family Residential and B-2, Neighborhood

Business, to allow retail development. The Subdivision

Regulations require subdivision approval to reconfigure

property lines and create legal lots of record. The Zoning

Ordinance requires PUD approval to allow multiple

buildings on a single building site and shared access

between multiple lots; and a minimum of B-2 zoning for

retail development.

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.

TIME SCHEDULE

FOR DEVELOPMENT Immediate


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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 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.

B. Provide a signature and seal from a surveyor that is licensed in Alabama not Georgia.

C. Provide a legend.

D. Correct “S Edington Drive” to “Edington Drive South” in the vicinity map, plan sheet, and

written legal description.

E. Dedicate the corner radius (25’ minimum or as approved by the City Engineer and Traffic

Engineer) at the northwest corner of LOT 1 (Florida St and Edington Dr. S.).

F. Label beginning point as POB to match the written legal description.

G. Show and label “Jackson Place, Lot 12” that is referred to in the written Legal Description.

H. Show and label each and every Right-Of-Way and their width, including Edington Drive and

Hazel Street. Show the ROW width of Old Shell Rd at the two (2) corners of LOT 1 that are

adjacent to Old Shell Rd.

I. Add a signature block for the Owner, Notary Public, Planning Commission, Traffic Engineer,

and City Engineer.

J. Provide the Surveyor’s Certificate and Signature.

K. Provide the Surveyor’s, Owner’s (notarized), Planning Commission, and Traffic Engineering

signatures.

L. Show and label any proposed easements (drainage, utility, access, etc.).

M. 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.

N. Add a note to the SUBDIVISION PLAT stating that as shown on the 1984 aerial photo

(FLIGHT 26 - #77) the Lot(s) will receive historical credit of impervious area towards

stormwater detention requirement per Mobile City Code, Chapter 17, Storm Water

Management and Flood Control).

O. 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.

P. Add a note that sidewalk is required to be constructed, and/or repaired, along the frontage of

each lot, or parcel, at time of new development or construction, unless a sidewalk waiver is

approved.

Q. Provide a copy of the FINAL PLAT to the Engineering Dept. for FINAL PLAT review prior

to obtaining any signatures.

R. After the Engineering Dept. Final Plat review is complete, provide a copy of the revised

Final Plat along with the original when submitting for City Engineer signature.


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Due to the proposed development on LOT 1 the proposed structures will need to be

addressed. Please contact the Engineering Department (208-6216) to discuss the options

prior to submitting any building, land disturbance, or ROW permits.

Planned Unit Development

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. 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.

6. This project will require a perpetual maintenance agreement for the proposed onsite

detention/retention system. This agreement must be reviewed, approved, and recorded

for the onsite system and include the outfall structure and the pipes that connect to the

City maintained drainage system.

Revised Engineering PUD comments for the June 2nd meeting:

1. Due to the proposed development on LOT 1 the proposed structures will need to be

addressed. Please contact the Engineering Department (208-6216) to discuss the

options prior to submitting any building, land disturbance, or ROW permits.

2. Show and label the proposed improvements on Florida St. and Old Shell Rd. (i.e.

widening to 3 lanes, add/extend turn lane) and a note that the improvements will be

as approved by the City Engineer and Traffic Engineer.

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)


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and must comply with the City of Mobile Right-of-Way Construction and

Administration Ordinance (Mobile City Code, Chapter 57, Article VIII).

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. This project will require that a perpetual maintenance agreement be reviewed,

approved, and recorded for the onsite detention/retention system, including the

outfall structure and pipes that connect to the City maintained drainage system

4. 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.

5. 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.

6. The proposed development must comply with all Engineering Department design

requirements and Policy Letters.

TRAFFIC ENGINEERING

COMMENTS A traffic impact study was completed for this site. The

development intensity illustrated on the PUD plan is approximately 2,000 SF less than the

intensity accounted for in the study. The site plan has also been revised to reduce the number of

driveways on Old Shell Road. The reduced square footage would generate the approximate

number of trips assumed to use the second driveway on Old Shell Road; therefore an updated

study is not required for these changes. Development is contingent upon the completion of off-

site improvements as indicated in the study. Recommendations from the Traffic Impact Study

include widening the roadway for the inclusion of turn lanes. Any improvement in City of

Mobile right-of-way included with the development must meet AASHTO Standards and be

approved by City of Mobile Engineering and Traffic Engineering staff. Adequate dedication

should be included on any street right-of-way to allow for 11’ travel lanes as well as

utility/green/sidewalk area. Corner radii dedication should be required at North Florida Street

and Edington Drive. Lot 1 is limited to two curb cuts to North Florida Street, limited to one curb

cut to Old Shell Road, and denied access to South Edington Drive. Lot 2 is limited to one curb

cut to Wilson Avenue. Driveway size, location and design to be approved by Traffic

Engineering and conform to AASHTO standards. 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. Angled parking will not be permitted that backs into or is within the right-of-

way. If on-street parking is permitted it should be parallel and located within the right-of-way.

The traffic impact study may need to be updated if on-street parking is permitted, to analyze the

impacts the on-street parking will have on the roadway level of service. Owner/developer will

be responsible for obtaining consent from the adjacent land owner(s) on Old Shell Road for any


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site improvements (e.g. driveway radius) that extend in front of the adjacent property frontage.

The proposed drive-thru on the south side of Shops A-1 is not desirable as currently shown, as

traffic in the middle has vehicles opposing it on both sides. Drive-thru widths must be a

minimum of 9’ per Section 64-4 of the City’s Zoning Ordinance. For Shops A-1 and Shops B,

this leaves only 21’ for two-way traffic. Aisles can be designated one-way, provided they met

width requirements for fire truck access where necessary.

Revised Traffic Engineering comments for the June 2nd meeting:

A traffic impact study was completed for this site. The development intensity illustrated

on the PUD plan is approximately 2,000 SF less than the intensity accounted for in the

study. The site plan has also been revised to reduce the number of driveways on Old

Shell Road. The reduced square footage would generate the approximate number of trips

assumed to use the second driveway on Old Shell Road, therefore an updated study is not

required for these changes. Development is contingent upon the completion of off-site

improvements as indicated in the study. Adequate dedication should be included on any

street right-of-way to allow for adequate travel lanes as well as utility/green/sidewalk

area. Corner radii dedication should be required at North Florida Street and Edington

Drive. Lot 1 is limited to two curb cuts to North Florida Street, limited to one curb cut to

Old Shell Road, and denied access to South Edington Drive. Lot 2 is limited to one curb

cut to Wilson Avenue. Driveway size, location and design to be approved by Traffic

Engineering and conform to AASHTO standards. 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. Porous pavement parking will need to consist of a design

appropriate means to designate individual parking spaces. Consistent with the Avenue

typology, parallel on-street parking has been included with a buffer area adjacent to the

travel lane to reduce the amount of maneuvering in the right-of-way. On-street parking

may require either right-of-way dedication or a right-of-way use agreement. The traffic

impact study should be updated to analyze the impacts the on-street parking will have on

the roadway level of service. Owner/developer will be responsible for obtaining consent

from the adjacent land owner(s) on Old Shell Road for any site improvements (e.g.

driveway radius) that extend in front of the adjacent property frontage. In conjunction

with any permit submittals, turning templates may be necessary to justify larger than

standard 20’ driveway radii.

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

2015-116 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)

REMARKS The applicant is requesting Subdivision, Planned Unit

Development approval, and Rezoning to allow redevelopment of the former Augusta Evans

School and several adjacent commercial properties as a retail development.


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The applicant has had the former Augusta Evans School property under contract to purchase

from the Mobile County School Board for the purpose of developing a retail shopping complex

for several months. During that time there have been multiple meetings/teleconferences between

the applicant, the City, and neighborhood/community representatives – individually and

collectively. Most of these meetings/teleconferences have been to discuss site design and

compatibility. The discussions with the City have been in reference to compatibility with The

Map for Mobile, and those with the neighborhood/community representatives have been in

reference to a plan the Midtown Mobile Movement is developing. The City is in process of

finalizing parameters and procedures for such plans to be vetted by the city before any

presentation to the Planning Commission. At this time, the Midtown Mobile Movement Plan,

Design Old Shell, is not fully developed or realized, and is not a plan upon which the city can

base decisions.

The site plan illustrates a grocery store with a pharmacy drive-thru as the anchor or main

building, and four smaller retail/restaurant buildings (three of which also have a drive-thru)

located on other parts of the overall site. The site plan also illustrates a cross access driveway to

the existing commercial property to the West, which was part of Ashland Station, a 2008 PUD

that allowed cross access and shared parking between four properties fronting Old Shell Road.

Three of those properties along with most of the Augusta Evans School property are to be Lot 1

of the proposed redevelopment, therefore to maintain the shared access the fourth property had to

be included. Lot 2 is to be a residential lot that fronts on Wilson Avenue, a minor residential

street.

Old Shell Road is shown as a Traditional Corridor on the Development Framework Map –

Corridors and Centers of the Map for Mobile. The Map for Mobile states that the development

framework map and development area descriptions serve as a guide for future land use and

design decisions and also for decisions regarding public improvements and projects. While the

site is not specifically designated as a center, one could conclude, given the fact it is at an

intersection on a designated Traditional Corridor, development should follow the guidelines and

intent of a Traditional Center.

TRADITIONAL CORRIDOR Intent

Emphasize retaining historic buildings and creating appropriate, denser infill development

Encourage mixed housing types including small multi-family structures along the corridor

Retail and neighborhood services at intersections

Combine and close driveways to create a continuous pedestrian friendly environment

Auto, bicycle, transit and pedestrian traffic are accommodated

More dense mixed-use development to include neighborhood services and residential above retail

TRADITIONAL CENTER Intent


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Compatible scale (commercial, mixed-use, residential) development

More dense mixed-use development to include neighborhood services and retail under residential

Buildings form a continuous street wall along primary streets in the center

Parking hidden behind structures

Auto, bicycle, transit and pedestrian traffic are accommodated A consultant has been hired to review and rewrite the Zoning Ordinance, Subdivision

Regulations, as well as develop a new Major Street Plan Map and General Land Use Plan Map.

This will be a 24-30 month process. Until that project is completed and the new documents are

adopted, we continue to operate under the existing Zoning Ordinance and Subdivision

Regulations. Under the existing Zoning Ordinance requirements for Rezoning, Planned Unit

Development approval, and B-2 development standards and requirements, most elements of the

proposal comply with the existing regulations. However, there appear to be some issues with the

main parking lot with regard to stall depths in some areas that do not comply with the parking

standards.

Also related to parking - there have been numerous discussions about use of portions of the site

as “district parking”. District parking is referenced in the Draft Design Old Shell document, and

is defined therein as a shared public parking lot maintained in partnership with the City and local

businesses. Currently there are no City regulations that directly address district parking.

However, there is also nothing in the code that would preclude individuals from parking in one

of the parking areas within the proposed development and walking to businesses, both in the

proposed development and out of the proposed development; which could in essence be viewed

as district parking.

With regard to the proposed two lot subdivision, with one exception, the subdivision appears to

comply with the existing Subdivision Regulations. It appears that a part of one of the Mobile

County School Board parcels the applicant has under contract is not included in the subdivision

application. Therefore, unless documentation is submitted to establish the not included area as a

lot or parcel of record (with the exact legal description) prior to 1952, that partial parcel must be

included in the subdivision.

The applicant also submitted an Alternate Site Plan that provides on-street, head-in, angled

parking spaces along Florida Street, which are partially on the private property and partially in

the right-of-way. No safety lane was provided for vehicles to back out of the spaces and safely

enter the traffic lane. The Traffic Engineer has reviewed this proposed alternate design

modification and has indicated that any on street parking would have to be parallel spaces, not

angled, head in spaces.

Further, there are several design elements that do not follow the principles and vision established

by The Map for Mobile. In addition to allowing the Commission to vary requirements of the

Ordinance, the PUD section of the Ordinance also allows the Commission to consider other

factors in rendering a decision, and require modifications to the proposed development as

deemed appropriate to address those issues.


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While the previously mentioned Design Old Shell plan has not yet been completed, the Map for

Mobile has been adopted by the Planning Commission as the new Comprehensive Plan for the

city, and as such should be considered the guiding document for development related decisions.

To this end, during meetings/teleconferences with the applicant, the staff recommended several

modifications to the site plan that would embrace the principles and guidelines of the Map for

Mobile, only a few of which were addressed by the applicant.

An email noting some last minute changes was just received, but an accompanying drawing

illustrating those changes was not provided. Given the timing of receipt of the changes, the staff

has not had the opportunity to fully review and prepare comments for this report. Additional

information will be provided at the meeting.

This is the first major development project since the adoption of the Map for Mobile. Therefore

it is imperative that the proposal be scrutinized closely for inclusion of the principles and

guidelines of the Map for Mobile. If the Map for Mobile is not used as the guiding document for

development now, a precedent would be set regarding the applicability of the plan, and the vision

expressed by and for the community may never be realized.

RECOMMENDATION

Subdivision: Based on the preceding, it is recommended that the Subdivision be heldover until

June 2 for the following reason:

1) The plat does not include the entirety of one of the parcels in the subdivision;

Revised plat and additional notification information and fees to be submitted by 12:00 pm, May

13, 2016.

Planned Unit Development: Based on the preceding, it is recommended that the Planning

Commission take all information, including that presented at the meeting, into consideration

when rendering a decision.

Staff has been made aware that there are time constraints regarding the purchase agreement and a

specified time frame for closing. However, staff recommends that the PUD aspect of the request

be heldover to allow the site plan to be revised to more closely correspond with the principles,

guidelines, and intent of the Map for Mobile. Therefore, the PUD could be heldover until June

2, 2016 to be reconsidered with the Subdivision.

The site plan does not correspond with the principles, guidelines, and intent of the Map for

Mobile, therefore the following items should be addressed:

1) Reorientation of Shops B to front Old Shell Road

2) Elimination of the drive-thru, including removal of the rear drive, on Shops 1A to provide

a more substantial buffer for the adjacent residential properties

3) On-site parking to meet the minimum requirements for aisle and stall sizes

4) Any on-street parking to be changed to parallel spaces, as required by the Traffic

Engineer.


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Revised site plan to be submitted by 12:00 pm, May 13, 2016.

Rezoning: Based on the preceding, it is recommended that the Planning Commission take all

information, including that presented at the meeting, into consideration when rendering a

decision.

Staff has been made aware that there are time constraints regarding the purchase agreement and a

specified time frame for closing. Therefore, should the Commission choose to make a decision

on the rezoning, the following conditions would be recommended:

1) Development limited to an approved PUD;

2) Completion of the Subdivision process prior to the issuance of any permits;

3) Full compliance with all municipal codes and ordinances.

Revised for the June 2nd meeting:

The applications were heldover from the May 5 meeting to allow the applicant to make revisions

to the plan that were more aligned with the guidelines and vision of The Map for Mobile,

specifically the Traditional Corridor and Traditional Center guidelines/intent; and to meet with

the neighborhood groups to try to effect a compromise.

The applicant has submitted a revised site plan, and has had conversations with representatives

from most, if not all, of the various groups - each of which has interests that are not completely

aligned with the others.

As noted in the original report (above), the guidelines and intent of the Traditional Corridor and

Traditional center are as follows:

TRADITIONAL CORRIDOR Intent

Emphasize retaining historic buildings and creating appropriate, denser infill development

Encourage mixed housing types including small multi-family structures along the corridor

Retail and neighborhood services at intersections

Combine and close driveways to create a continuous pedestrian friendly environment


More dense mixed-use development to include neighborhood services and residential above retail

TRADITIONAL CENTER Intent

Compatible scale (commercial, mixed-use, residential) development


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More dense mixed-use development to include neighborhood services and retail under residential

Buildings form a continuous street wall along primary streets in the center

Parking hidden behind structures


Please note, there are other aspects of the Map for Mobile to consider, as well as other Code

sections that may have an impact on to what degree the site can comply with the above

guidelines and intent, as well as site limitations and practicality given existing infrastructure.

Staff will attempt to describe the changes in bullet list format, and then address them as they

relate to the Map for Mobile, and why they may or may not comply or be practicable.

The location and orientation of the main tenant, Publix, remains virtually unchanged.

However, parking has been reconfigured somewhat to comply with minimum stall and

aisle requirements, as well as to accommodate other changes as listed below;

Shops A has been reconfigured into three buildings, each of which front onto a common

parking area shared by the three buildings. A buffer of approximately 100’-110’ from the

rear service drive to the East property line is to be left in its natural vegetative state.

Shops B has been reoriented to front Old Shell Road, and maintains approximately the

same setback as the existing building to the West, with which there is a shared

ingress/egress easement. Shops B maintain that setback in part due to the underground

utilities in the vacated service road. Any type of construction involving the structure for

Shops B within that vacated service road area would necessitate relocation of all of the

existing underground utilities.

Shops C has been relocated to the South side of the Florida Street entrance drive to

provide some level of screening of main parking lot.

On-Street parallel parking has been proposed adjacent to Shops C and across the

entrance drive to the North (where Shops C had been previously located).

The interior walkway has been extended from the rain garden / detention pond West to

Florida Street to provide more pedestrian connectivity and amenities.

Approximately 26% of the site will be landscaped, far exceeding the Zoning Ordinance

requirement of 12%.

Seventy (70) parking spaces (just over 21% of the 328 spaces provided) are identified to

be surfaced with pervious paving materials.

An 8-foot high opaque screen is proposed along the South Edington Drive frontage, while

a 6-foot high opaque screen is proposed for the remainder of the site where it abuts

residential properties.

The proposed Rain Garden will be designed to be an amenity, with special plantings and

a fountain.

The revised site plan calls for the construction of six freestanding buildings. The architectural

designs of the buildings, submitted by the applicant, take direct inspiration from traditional

commercial design principles in general and notable instances of historic Mobile commercial


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architecture in particular. Buildings located at the following addresses informed the massing

and articulation of the proposed buildings:

1751 Old Shell Road (the Market building at the Southwest corner of Semmes & Old

Shell);

2066 Old Shell Road (the Fuego building at the Northeast corner of Upham & Old

Shell);

1714 Dauphin Street (the Mobile Popcorn building at the Northeast corner of Semmes &

Dauphin); and

1301 Virginia Street (the Stadium Food Mart building at the Southwest corner of Ann &

Virginia).

The use of architectural features such as bulkheads, pilasters, transom windows, and other

façade elements serve to compartmentalize the massing in a historically attuned manner.

Materials such as brick and stucco will be employed. The historically contextualized design

forms and materials work in concert to engender a pedestrian scale that will integrate the

development within the larger Midtown landscape.

Given the overall configuration of the site, the location of Shops A is not within an area of the

site to which the location and orientation of buildings as noted in a Traditional Center can

realistically be applied. Further, the proposed Shops A, along with the existing buildings along

Old Shell Road, would provide screening of that parking area from not only Old Shell, but also

the residential properties to the North and East.

While Shops B may not be relocated to the front property line, it has been reoriented to the street

and is basically in line with the building to the West; arguably, with these changes it could be

considered a liner building – or as close as may be practicable for this part of the overall site.

The relocation and reorientation of Shop C provides a liner building for part of the main parking

area which screens much of it from Florida Street. While it is not the continuous length of the

Florida Street frontage, there are extenuating circumstances that preclude it from continuing to

the South property line; also the entrance drive to the North limits the building footprint in that

direction. On Street, parallel parking spaces are illustrated on Florida Street, adjacent to Shop

C and North of the Entrance Drive.

The parking demand by the tenant, as well as the overall total parking requirement assuming

food and/or beverage businesses with on-site consumption in some of the tenant spaces, does not

allow for further reduction in parking spaces. The Zoning Ordinance requirement for the

proposed mix of tenants is 239 parking spaces, and the revised site plan depicts a total of 328

parking spaces based upon tenant requirements. The parking areas are situated such that one

provides parking for the grocery store and Shops C, another for Shops A1, A2, and A3, and the

third for Shops B (some of which will most likely be used by patrons of the building to the West).

As with any plan or code, there may be circumstances that necessitate or warrant a deviation;

such as the existing infrastructure located in the vacated service road right-of-way, which

prevents the Shops B from moving as close to Old Shell Road as desired by the neighbors. Does

absolute adherence to that single element of the plan justify the cost to the developer of


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relocating those infrastructure improvements; or does the location and reorientation of the

Shops B to follow the existing buildings to the West and East accomplish the intent?

Redevelopment of those properties would almost certainly have the same issues and thus be

redeveloped in a similar manner to Shops B.

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.

Throughout the process, various groups have been very vocal and have made their desires

relating to the proposed development known to the applicant and to the City. Most cite The Map

for Mobile, Traditional Corridor and Traditional Center aspects. What has not been referenced

is that The Map for Mobile is a 20-30 year plan, and as such does not presume that every

development, especially major developments, will include every element of The Map for Mobile

for every part of the development in its initial phase. It is a process; one that takes many years

to be fully realized.

The applicant has submitted several revised versions of the site plan while working through the

process, trying to address concerns and issues raised by the neighborhood groups and the City.

The revised plan now before the Commission may not check every box for everyone, but certainly

represents the applicant’s diligence in working towards a site plan that reflects many of The

Map for Mobile guidelines given the constraints of the site, the utilities and infrastructure

located under the vacated service road, and the irregularly shaped property.

RECOMMENDATION

Subdivision: Based on the preceding, the plat is recommended for Tentative Approval subject to

the following conditions:

1) 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 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. B. Provide a signature and seal from a

surveyor that is licensed in Alabama not Georgia. C. Provide a legend. D. Correct “S

Edington Drive” to “Edington Drive South” in the vicinity map, plan sheet, and written legal

description. E. Dedicate the corner radius (25’ minimum or as approved by the City

Engineer and Traffic Engineer) at the northwest corner of LOT 1 (Florida St and Edington

Dr. S.). F. Label beginning point as POB to match the written legal description. G. Show


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and label “Jackson Place, Lot 12” that is referred to in the written Legal Description. H.

Show and label each and every Right-Of-Way and their width, including Edington Drive and

Hazel Street. Show the ROW width of Old Shell Rd at the two (2) corners of LOT 1 that are

adjacent to Old Shell Rd. I. Add a signature block for the Owner, Notary Public, Planning

Commission, Traffic Engineer, and City Engineer. J. Provide the Surveyor’s Certificate and

Signature. K. Provide the Surveyor’s, Owner’s (notarized), Planning Commission, and

Traffic Engineering signatures. L. Show and label any proposed easements (drainage,

utility, access, etc.). M. 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. N. Add a note to the SUBDIVISION

PLAT stating that as shown on the 1984 aerial photo (FLIGHT 26 - #77) the Lot(s) will

receive historical credit of impervious area towards stormwater detention requirement per

Mobile City Code, Chapter 17, Storm Water Management and Flood Control). O. 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. P. Add a note that sidewalk is required

to be constructed, and/or repaired, along the frontage of each lot, or parcel, at time of new

development or construction, unless a sidewalk waiver is approved. Q. Provide a copy of the

FINAL PLAT to the Engineering Dept. for FINAL PLAT review prior to obtaining any

signatures. R. After the Engineering Dept. Final Plat review is complete, provide a copy of

the revised Final Plat along with the original when submitting for City Engineer signature.

S. Due to the proposed development on LOT 1 the proposed structures will need to be

addressed. Please contact the Engineering Department (208-6216) to discuss the options

prior to submitting any building, land disturbance, or ROW permits.);

2) Compliance with revised Traffic Engineering comments (A traffic impact study was

completed for this site. The development intensity illustrated on the PUD plan is

approximately 2,000 SF less than the intensity accounted for in the study. The site plan has

also been revised to reduce the number of driveways on Old Shell Road. The reduced square

footage would generate the approximate number of trips assumed to use the second driveway

on Old Shell Road, therefore an updated study is not required for these changes.

Development is contingent upon the completion of off-site improvements as indicated in the

study. Adequate dedication should be included on any street right-of-way to allow for

adequate travel lanes as well as utility/green/sidewalk area. Corner radii dedication should

be required at North Florida Street and Edington Drive. Lot 1 is limited to two curb cuts to

North Florida Street, limited to one curb cut to Old Shell Road, and denied access to South

Edington Drive. Lot 2 is limited to one curb cut to Wilson Avenue. Driveway size, location

and design to be approved by Traffic Engineering and conform to AASHTO standards.

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. Porous pavement

parking will need to consist of a design appropriate means to designate individual parking

spaces. Consistent with the Avenue typology, parallel on-street parking has been included

with a buffer area adjacent to the travel lane to reduce the amount of maneuvering in the

right-of-way. On-street parking may require either right-of-way dedication or a right-of-way

use agreement. The traffic impact study should be updated to analyze the impacts the on-

street parking will have on the roadway level of service. Owner/developer will be


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responsible for obtaining consent from the adjacent land owner(s) on Old Shell Road for any

site improvements (e.g. driveway radius) that extend in front of the adjacent property

frontage. In conjunction with any permit submittals, turning templates may be necessary to

justify larger than standard 20’ driveway radii.);

3) Dedication of sufficient right-of-way along North Florida St to accommodate adequate travel

lanes, the proposed on-street parking, green space, and sidewalks;

4) Radii dedication at North Florida Street and Edington Drive, in compliance with Section

V.D.6. of the Subdivision Regulations;

5) Placement of a note on the Final Plat stating Lot 1 is limited to two curb cuts to North Florida

Street, limited to one curb cut to Old Shell Road, and denied access to South Edington Drive,

and that Lot 2 is limited to one curb cut to Wilson Avenue, with the size, design and location

to be approved by Traffic Engineering and comply with AASHTO standards;

6) Dedication of sufficient right-of-way along Old Shell Road to accommodate adequate travel

lanes, green space, and sidewalks;

7) 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));

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 2015-116 and City Code Chapters 57 and 64));

9) Provision of a revised PUD site plan prior to the signing of the final plat; and

10) Completion of the Subdivision process prior to any permit requests for new construction

(demolition is OK).

Planned Unit Development: Based on the preceding, the revised PUD is recommended for

Approval subject to the following conditions:

1) Compliance with revised Engineering Comments: (1. Due to the proposed development on

LOT 1 the proposed structures will need to be addressed. Please contact the Engineering

Department (208-6216) to discuss the options prior to submitting any building, land

disturbance, or ROW permits. 2. Show and label the proposed improvements on Florida St.

and Old Shell Rd. (i.e. widening to 3 lanes, add/extend turn lane) and a note that the

improvements will be as approved by the City Engineer and Traffic Engineer. 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. 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. This

project will require that a perpetual maintenance agreement be reviewed, approved, and

recorded for the onsite detention/retention system, including the outfall structure and pipes

that connect to the City maintained drainage system. 4. Any and all proposed land

disturbing activity within the property will need to be submitted for review and be in


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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. 5. 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. 6. The proposed development must comply with all

Engineering Department design requirements and Policy Letters.);

2) Compliance with revised Traffic Engineering Comments: (A traffic impact study was

completed for this site. The development intensity illustrated on the PUD plan is

approximately 2,000 SF less than the intensity accounted for in the study. The site plan has

also been revised to reduce the number of driveways on Old Shell Road. The reduced

square footage would generate the approximate number of trips assumed to use the second

driveway on Old Shell Road, therefore an updated study is not required for these changes.

Development is contingent upon the completion of off-site improvements as indicated in the

study. Adequate dedication should be included on any street right-of-way to allow for

adequate travel lanes as well as utility/green/sidewalk area. Corner radii dedication should

be required at North Florida Street and Edington Drive. Lot 1 is limited to two curb cuts to

North Florida Street, limited to one curb cut to Old Shell Road, and denied access to South

Edington Drive. Lot 2 is limited to one curb cut to Wilson Avenue. Driveway size, location

and design to be approved by Traffic Engineering and conform to AASHTO standards.

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. Porous pavement

parking will need to consist of a design appropriate means to designate individual parking

spaces. Consistent with the Avenue typology, parallel on-street parking has been included

with a buffer area adjacent to the travel lane to reduce the amount of maneuvering in the

right-of-way. On-street parking may require either right-of-way dedication or a right-of-

way use agreement. The traffic impact study should be updated to analyze the impacts the

on-street parking will have on the roadway level of service. Owner/developer will be

responsible for obtaining consent from the adjacent land owner(s) on Old Shell Road for

any site improvements (e.g. driveway radius) that extend in front of the adjacent property

frontage. In conjunction with any permit submittals, turning templates may be necessary to

justify larger than standard 20’ driveway radii.);

3) 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));

4) 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 2015-116 and City Code Chapters 57 and 64));

5) The area North of Shops A1 and North and East of the service drive for Shops A2 to remain

in a natural vegetative state to the greatest degree practicable; and,

6) Provision of an 8’ masonry wall along Edington Drive as illustrated on the site plan.

Rezoning: Based on the preceding, it is recommended that this application be recommended for

approval, subject to the following conditions:

1) Development limited to an approved PUD;


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2) Completion of the Subdivision process prior to the issuance of permits for building

construction; and

3) Full compliance with all municipal codes and ordinances.

planning approval staff reportmedia.al.com/news_mobile_impact/other/midtown...after the engineering...

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