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City of Leeds, Alabama


 

Notice of Public Hearing”


 


 

Public Hearing for proposed amendment to the Zoning Ordinance


 

Notice is hereby given that at a meeting of the City Council of the City of Leeds to be held on Monday, April 1, 2013, at 5:00 PM, in the Leeds Civic Center Meeting Room located at 1000 Park Drive, Leeds, AL 35094, the City Council will hold a public hearing amending Ordinance 1997-12-01 (Zoning Ordinance) of the City of Leeds, Alabama by adding a new “Planned Community Development District (PCD)” zoning district:

Ordinance No.___________

AN ORDINANCE CREATING SECTION 19 TO THE CITY ZONING ORDINANCE FOR THE ADDITION OF THE “PLANNED COMMUNITY DEVELOPMENT DISTRICT (PCD)” OF THE CITY OF LEEDS, ALABAMA

WHEREAS, it is the desire of the City Council of the City of Leeds, Alabama to insert certain sections of the City’s zoning ordinance;

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Leeds the following:

§ 19.00 Planned Community Development District (PCD)

19.01 Intent

The intent of the Planned Community Development District (PCD) is to encourage the master planning of mixed use development for larger tracts of land and to coordinate such development as to manage the impacts of development on the provision of city services and infrastructure, to facilitate planning, design, and development of master planned communities that will preserve and protect natural resources and mitigate negative environmental effects through use of innovative development techniques that will permit flexible patterns of compatible land uses and densities, and to provide for the consideration of any land uses not otherwise specified elsewhere in the Leeds Zoning Ordinance. The PCD district encourages imaginative uses of open space, promotes higher standards in design and construction, and furthers the purposes of the Leeds City Master Plan.

Further, it is the intent of this district to:

A. Permit flexible and imaginative design to accommodate planned associations of uses developed as integral land use units that allow for and encourage large scale master planning of commercial, light industrial, and residential uses in both exclusive use areas and town center forms of development which may incorporate a vertical mix of commercial and residential uses.

B. Permit a variety of uses, building forms, building relationships, and architectural styles, while promoting preservation and enhancement of existing natural landscape features.

C. Establish Specific Development Standards that may permit a variety of development types and densities offset by conservation of natural resources as well as undisturbed and developed open space, and to establish development criteria that will govern development of the PCD and may deviate from other development regulations of the City, upon the recommendation of the Planning and Zoning Commission, hereinafter referred to as “the Commission,” of the Master Development Plan and final approval by the City Council.

D. Upon approval of the Master Development Plan by the City Council, provide the developer with reasonable assurance of ultimate approval while at the same time providing City officials with reasonable assurance that the development will be undertaken in the manner described in the approved Master Development Plan.

E. Permit the consideration of planned land use districts consisting of Planned Detached and Attached Dwellings (PR1), Planned Multiple Dwellings (PR2), Planned Commercial (PC), and Planned Industrial (PI) allowing the land uses as set forth in this Section 19.00.

19.02 Procedure; Application Requirements

A. Pre-Application. The owner(s) or the duly appointed representative(s) of a tract(s) of land shall submit a preliminary PCD application to the City Clerk. Within thirty (30) days after submission, the Commission shall conduct a pre-application conference, which may be at a regular or special called meeting. The intent of the pre-application conference is to provide an opportunity for the Commission and City staff to meet with the applicant and discuss the preliminary application and provide comments to the developer. While the conference shall be a public meeting, it shall not be a public hearing.

The City Clerk or Building Inspector shall notify the applicant in writing of any comments from city officials within fifteen (15) business days after the pre-application conference. No comments to the applicant by the Commission or City staff shall be considered a denial or approval of the preliminary application or part thereof.

B. Review by the Planning Commission. The PCD application shall be reviewed as an amendment to the zoning ordinance and map as stipulated in Article III, Sections 7.00 and 8.00 of this Zoning Ordinance, except as otherwise provided herein.

After the pre-application conference, the applicant shall submit to the City Clerk a complete PCD application in the form of a Master Development Plan and Specific Development Standards in compliance with the requirements of this Section 19.00 together with a fifteen hundred dollar ($1500) non-refundable application fee. The City shall determine if the application is complete within five (5) working days after receipt thereof. The City Clerk shall not schedule the public hearing before the Commission until the City determines that a complete application has been submitted.

Upon the applicant’s submission to the City of a complete application, the City Clerk shall refer the application to the Commission and shall set a public hearing within thirty (30) days thereafter at a regular or special called meeting of the Commission.

The Commission shall have sixty (60) days, from the date of its public hearing on said application, to submit a report on the application to the City Council. If the Commission fails to submit a report within said sixty (60) day period, and unless the applicant agrees in writing to an extension of said period, the Commission’s report to the City Council shall be deemed to have approved the PCD application.

C. City Council Approval. The application and the report of the Commission shall be submitted to the City Council for approval.

Approval of the PCD Application including the Master Development Plan by the City Council shall not constitute acceptance or approval of future plat submissions. Approval and adoption of the Master Development Plan by the City Council shall constitute an amendment to the City of Leeds Master Plan and zoning map. Under no circumstances shall an applicant be granted development approval before a Master Development Plan is approved.

Approval of the PCD application by the City Council shall include approval of the Specific Development Standards, which may be permitted to deviate from the Zoning Ordinance and Subdivision Regulations, and which shall govern development in the PCD. The applicable section of the Zoning Ordinance and Subdivision Regulations in effect as of the date of approval of the PCD shall apply only in those matters that the Specific Development Standards do not address. Under no circumstances shall an applicant be granted development approval before Specific Development Standards are approved.

D. Application. The Master Development Plan and Specific Development Standards shall include the following written statements and any maps necessary to show the following information:

1.A vicinity map of appropriate scale, which shows the boundaries of the property in relation to the surrounding area.

2.A legal description of the total site subject to the proposed PCD zoning.

3.A PCD District map at an appropriate scale that shows the direction of north and the locations of the PCD land use districts.

4.An environmental features map that shows 100-year regulatory floodplains and floodways, streams and other bodies of water, other significant natural features and the topography of the property at a minimum of 10 foot intervals.

5.Planning objectives for the PCD outlining how the planned community development will accomplish objectives not otherwise attainable through the conventional zoning districts of the city.

6.A conceptual street and pedestrian circulation plan illustrating the locations of existing streets to remain and the general location of proposed collector and arterial streets.

7.Development objectives and strategies that include a conceptual open space plan for the PCD that creates an open space and pedestrian circulation network and provides a conceptual plan for the location of undisturbed and open space areas.

8.Environmental Objectives, Strategies, and Performance Standards for conservation, management, alteration, and treatment of:

a.USGS blue-line streams and associated riparian buffers.
b.Slopes, including slope stability.
c.Flood-prone areas.
d.Storm water management and erosion control.
e.Reforestation and conservation of existing forests and wooded areas.

9.Proposed protective and/or restrictive covenants, conditions, and charters, if any.

10.A statement and any plans regarding any proposed security points for the control of access from public streets.

11.The locations of existing and proposed utilities and any provisions or plans to provide adequate utilities to serve the development including water and sewer and others.

12.A traffic study that quantifies the impact of the PCD.

13.Specific Development Standards that detail the following:


 

Specific Development Standards


 

Attached and

Detached

Dwellings


 

Multiple Dwellings

Commercial,

Institutional & Industrial

Lot Width

x


 


 

Floor Area

x

x


 

Buffers


 

x

x

Building Height


 

x

x

Landscaping


 

x

x

Accessory Uses & Structures

x

x

x

Building Setbacks

x

x

x

Signs


 

x

x

Vehicular Parking

x

x

x

Tree Canopy

x

x


 


 

14.A quantitative description of the proposed PCD District in its entirety that summarizes the acreage for each type of land use, the maximum number of anticipated residential dwelling units by type of dwelling, and the location of all proposed public/community facilities and other lands dedicated for public purposes, in each of the individual PCD land use districts.

15.A conceptual development schedule in five year increments that projects the number of dwelling units to be constructed.

The Specific Development Standards shall reflect, to the greatest extent possible, the policies, regulations, and ordinances of the City while allowing the flexibility required to achieve the intent of the PCD.

19.03 Development Regulations

A. Minimum land area for the establishment of a PCD shall be five hundred (500) contiguous acres.

B. At least ten (10) percent of the gross acreage of the PCD shall be left as undisturbed open space, preserved in its natural state except for clearing of diseased vegetation and invasive species, and the clearing of underbrush for the installation of walkways and trails. Neither existing water surface area nor streets shall be included in the undisturbed open space calculation.

An additional fifteen (15) percent or more of the gross acreage of the PCD shall be devoted to developed open space and shall be distributed throughout the PCD in relation to the dwelling units of the residents they are intended to serve.

The minimum dimension of all open space areas shall be fifty (50) linear feet in order to qualify. All such undisturbed open space and developed open space may be included in the computation of density within any applicable land use district within the PCD.

C. All off-street parking areas in excess of eight thousand (8,000) square feet shall contain landscaped islands that comprise at least ten (10) percent of the parking area and the perimeter of the parking area shall be separated from adjacent public rights-of-way by a perimeter planting of at least fifteen (15) feet in width. Required landscaped areas may be used to attain storm water infiltration if such practices meet landscaping standards of the approved Master Development Plan and Specific Development Standards.

D. The layout of the street network and design of internal streets shall provide for connectivity, context-sensitive design and multi-modal accessibility.

E. Low Impact Development/Green Infrastructure Stormwater management practices shall be considered, among other methods for stormwater management.

19.04 Planned Detached and Attached Dwelling District (PR1)

A. Intent. To provide flexibility in the development of attached and detached dwellings and other uses compatible with the neighborhood.

B. Density. Maximum overall residential gross density shall not exceed three (3.0) dwelling units per acre of the total aggregate gross area of the PR1 Districts of the PCD, although specific portions of one or more PR1 Districts may exceed this overall maximum density.

C. Permitted Uses.

  • Attached and Detached Dwellings

  • Golf courses

  • Home occupations

  • Residential information offices/sales pavilions, trailers and sales centers (including model homes)

  • Parks, playgrounds, ballfields, swimming pools, tennis courts, equestrian areas and related uses, open spaces, passive recreation areas and similar recreation uses

  • Neighborhood recycling collection point within a Neighborhood Convenience Retail and Service area

  • Public and private utility service uses

  • Accessory structures associated with any uses listed above

D. Conditional Uses.

  • Amphitheatres

  • Assisted and independent living facilities (together with ancillary neighborhood, retail, service and office uses customarily found in such facilities)

  • Day care facilities

  • Multiple dwellings

  • Municipal/civic uses

  • Neighborhood Convenience Retail and Service Uses, including fitness centers

  • Places of worship

  • Modular wastewater treatment facilities

  • Public and private schools

  • Community meeting centers

  • Museums; libraries; art galleries and other similar uses

E. Special Exception Uses

  • Communications towers

  • Electric power substations

19.05 Planned Multiple Dwelling District (PR2)

A. Intent. To provide areas for apartments and other uses compatible with a high-density residential environment.

B. Density. Maximum overall residential gross density shall not exceed eight (8) dwelling units per acre of the total aggregate gross area of the PR2 Districts of the PCD,

C. Permitted Uses

  • Multiple dwellings and accessory uses

  • All Permitted and Conditional Uses allowed in PR1 District

D. Conditional Uses

  • Modular wastewater treatment facilities

E. Special Exception Uses

  • Communications towers

  • Electric power substations

19.06 Planned Commercial District (PC)

A. Intent. To provide areas for mixed residential, retail commercial and service uses compatible with community and regional shopping districts.


 

B. Density. The maximum percentage of impervious surfaces shall not exceed seventy-five (75) percent for each lot or parcel or each group of lots and parcels developed as a unified development site, with the exception of a Town Center, in which the maximum percentage of impervious surfaces shall not exceed ninety (90) percent. Sites with impervious surfaces in excess of eighty (80) percent may employ storm water practices at the margins that capture and infiltrate storm water.

C. Permitted Uses (which may be mixed horizontally and/or vertically within the same physical structure).

Retail, office, service and residential uses, including but not limited to:

  • Assisted living facilities

  • Auto dealerships

  • Auto parts store

  • Bakery, where all baked goods are sold on the premises

  • Banks and other lending institutions

  • Barber or beauty shops

  • Commercial recreation, entertainment and amusement facilities

  • Convenience stores

  • Copy and business service centers

  • Day care centers

  • Department stores

  • Domestic equipment rental

  • Drug stores

  • Dry cleaning outlets

  • Flex Buildings

  • Furniture stores

  • Gasoline service stations

  • Grocery stores

  • Home improvement centers

  • Hospitals

  • Minor auto repair

  • Motels or hotels

  • Motion picture theatres

  • Multi-story, Attached Dwellings

  • Multiple dwellings located above the first floor of a building

  • Neighborhood service facilities

  • Nursery

  • Nursing homes

  • Office buildings

  • Parks, playgrounds, ballfields, swimming pools, tennis courts, open spaces, passive recreation areas and similar recreation uses

  • Professional offices occupied by physicians, dentists, surgeons, attorneys, architects, engineers and other similar professions

  • Private Clubs

  • Places of worship

  • Public and private schools

  • Public buildings

  • Radio and TV stations (no antennas)

  • Recycling collection point

  • Regional shopping malls

  • Restaurants

  • Retail outlet centers

  • Schools

  • Self-service storage facilities

  • Shopping centers

  • Town Centers

  • Veterinary clinics

  • Public utility service and accessory structures associated with any uses listed above.

  • Other similar commercial uses that would be compatible with any uses listed above

D. Conditional Uses

  • Modular wastewater treatment facilities

E. Special Exception Uses

  • Electric power substations

  • Communications towers

19.07 Planned Industrial District (PI)

A. Intent. To provide areas for storage, distribution and light manufacturing.

B. Density. Maximum percentage of impervious surfaces shall not exceed seventy-five (75) percent of the total gross area of the PI Districts of the PCD.

C. Permitted Uses.


 

  • Bakery

  • Bottling plant

  • Flex buildings

  • Contractor storage yards

  • Dry Cleaning Plants

  • Farm and heavy machinery and equipment sales

  • Janitorial and maintenance service

  • Laundry and dry cleaning plants

  • Light industrial, fabricating, processing, assembling and manufacturing uses

  • Major auto repair

  • Parks, playgrounds, ballfields, swimming pools, tennis courts, open spaces, passive recreation areas and similar recreation uses

  • Printing establishments

  • Recycling centers

  • Woodworking shops

  • Warehouse/distribution facilities

  • Water or liquid storage tanks

  • All Permitted Uses and Conditional Uses (other than Attached or Detached Dwellings or Multiple Dwellings) allowed in the PC District.

D. Conditional Uses

  • Modular wastewater treatment facilities

E. Special Exception Uses.

  • Communications towers

  • Electric power substations

  • Wastewater treatment plants

19.08 Amendments

A. It is the intent to provide for flexibility in the development of the approved Master Development Plan, and to allow minor changes in the approved Master Development Plan without any additional approvals. Accordingly, additional approvals shall be required only for major changes as defined herein. Any changes in the approved Master Development Plan (including major changes, minor changes or any variances) requested by any party other than the developer must be approved in writing by the developer prior to any action being taken by the City.

B. Major change. A "major change" in the approved Master Development Plan shall be defined as:

1.A change in the Conceptual Open Space Plan or a change in land use district boundaries; except minor changes necessary to align the boundaries with final locations of roads and other rights-of-way, topographic features and similar adjustments that could not be anticipated at the time of approval based upon preliminary data.

1.Addition of adjacent property in any amount to the approved PCD.

2.Any addition to the number of dwelling units to the approved PCD.

3.Any change to the Specific Development Standards of the approved PCD.

C. Whenever the developer of the PCD and the owner of the subject property shall request a major change in the approved Master Development Plan or Specific Development Standards, the developer shall file an application for change that shall be reviewed in accordance with the provisions of Subsections 15.02.B-C.

D. Any other changes shall be considered "minor changes" and shall not require any additional approvals, other than the plat approval that shall be obtained through the typical plat approval procedures of the City.

19.09 Zoning Amendments

No amendment or modification of this Zoning Ordinance or the city’s Subdivision Regulations, other than mandated by federal or state law, shall be effective as to any PCD approval issued prior to such amendment or modification, it being intended that the PCD shall continue to be developed in accordance with the zoning ordinance and subdivision regulations in effect at the time of such approval of the PCD, subject to the approved Master Development Plan or Specific Development Standards.

19.10 Building Permits

A. The City shall only issue building permits after the architectural control committee of the PCD has approved the plans and a copy of the approval is submitted to the City.

B. Conditional Uses. Prior to the issuance of a building permit, all uses listed as Conditional Uses in Subsections 19.04 through 19.07 herein shall require a public hearing before the Commission and approval by the City Council in accordance with the following:

1.A minimum of thirty (30) days prior to the regularly scheduled Commission meeting at which the conditional use is to be considered, the applicant shall submit to the City Clerk:

a.The name, address and signature of the property owner and agent of the property owner, if any;
b.The address of the property under consideration;
c.The approved PCD land use district designation and existing land use, if any, of the concerned property;
d.The proposed Conditional Use;
e.A vicinity map showing the location of the subject property;
f.A site plan, drawn at appropriate scale, showing the property boundaries and site layout, including property dimensions, rights-of-way, easements, existing and proposed structures and their uses, setbacks, off-street parking and loading, circulation, screening, buffers and landscaping, existing and proposed topography, property lines, parking and loading areas and points of ingress and egress;
g.The names and addresses of adjacent property owners as shown on the most recent records of the County's Tax Assessor's Office: and
h.A non-refundable application fee in the amount of two hundred and fifty dollars ($250.00).

2.The City shall post a sign on the subject property as required in Ordinance No. 2003-12-03. At least fifteen (15) days prior to the scheduled Commission public hearing, the City Clerk shall give written notice of the proposal to all adjacent property owners in the form of certified mail, addressed to those property owners as their names appear on the most recent records of the County Tax Assessor’s Office, as well as one (1) publication in a newspaper of general circulation throughout the City. Such notices shall contain the following:

a.Name of the applicant:
b.The location of the subject property:
c.The proposed conditional use of the property requested: and
d.The time, date and location of the Commission public hearing.

3.Upon receipt of the Commission’s recommendation regarding the conditional use, the City Clerk shall schedule and advertise the conditional use for a public hearing before the City Council.

4.Limit on Re-hearing. When the City Council denies a conditional use request, the Commission shall not consider the same request for a period of six (6) months.

C. Special Exception Uses. Prior to the issuance of a building permit, all uses listed as Special Exception Uses in Subsections 19.04 through 19.07 herein shall be reviewed and approved in accordance with Article III, Section 6.00 of this Zoning Ordinance.

19.11 Commitments, Conditions, or Surety

Surety shall be posted in accordance with City of Leeds Subdivision regulations

19.12 Definitions

Contiguous – Next to, abutting, or touching and having a boundary, or portion thereof, that is coterminous. For the purposes of Subsection 19.03.A, lands separated only by a right-of-way, watercourse, or drainageway shall be considered “contiguous.”

Dwelling - A building or portion thereof, providing separate, complete and independent, living facilities for one or more persons comprising a household, including permanent provisions for sleeping, cooking and sanitation.

Dwelling, Attached - A building containing two or more dwelling units that share a common wall that extends from the ground to the roof.

Dwelling, Detached - A building that contains one dwelling.

Dwelling, Multiple - A building containing two or more dwellings situated on one lot or parcel, except as defined as an Attached Dwelling.

Flex Building - Any building, which is designed to allow its occupants flexibility of alternative uses of the space within such building, which may include office, industrial, research and development and showroom space.

Land Use District – An area of land within a PCD designated as PR-1, PR-2, PC or PI, as further defined in Subsections 19.04 through 19.07 herein.

Modular Wastewater Treatment Facility - An assemblage of modular tanks, pumps, filters and other small-scale devices to facilitate the treatment of wastewater in a localized setting. Such modular treatment facilities may include such other related facilities as underground effluent disposal areas, spray irrigation effluent disposal areas and wastewater pump stations distributed throughout developed areas to treat wastewater in a decentralized manner for local disposal.

Neighborhood Convenience Retail and Service Uses - Retail, service and office uses that serve and are compatible with the surrounding residential neighborhoods.

Open Spaces - Any greenbelt, park, natural areas, lake, wetland area, river, conservation areas, buffer areas (whether as common areas or within the boundary of any lot), open spaces created under the Environmental Objectives, Strategies and Performance Standards of the Master Development Plan, common areas, landscaping easement areas and all recreational areas, including accessory structures normally appurtenant thereto, and which is developed, located and/or maintained so as to provide passive recreation (such as the viewing of pleasant vistas, gardens, etc.), or active recreation (such as the participation in athletic endeavors, playground activities, etc. Open spaces may be utilized for or otherwise interrupted by street crossings, utilities, walking paths, bicycle paths, and storm water management facilities, and shall allow minimum tree clearing, temporary sediment/erosion control work and grading and fill activities to the extent necessary in the development of any property adjoining such Open Spaces. Open space may be owned by any governmental agency, any property owners’ association for the property, developer, third parties or any non-profit entities.

Town Center - A mixed use center featuring multi-story buildings with a vertical mix of uses, on-street parking, minimal building setbacks, pedestrian circulation and off-street parking to the rear or side of the buildings. All Town Center areas shall constitute part of the land use districts within the PCD and shall be shown as Town Center on the PCD District map.