A G E N D A

A G E N D A

RECONVENED REGULAR COUNCIL MEETING

CITY OF GULF SHORES, ALABAMA

JULY 18, 2005

1. Call to Order

2. Invocation

3. Pledge of Allegiance

4. Roll Call

5. Hearing of Persons Not Listed on Formal Agenda

6. New Business

A. Resolution – Approve Site Plan – Armada Pass Condominium

B. Resolution – Approve Site Plan – Laguna Cay Condominium

C. Resolution – Approve Site Plan – Graceful Palms Condominium

D. Resolution – Approve Site Plan – Surf Rider Condominium

E. Resolution – Approve Site Plan and Final Planned Unit

Development – Sunset Bay

F. Ordinance - Assent to Annexation – Turf Properties #2 1031

Subsidiary, LLC – County Road 8 East

G. Ordinance - Assent to Annexation – Michael & Jacqueline

Madison – 18988 Pine Acres Road

7. Committee Reports

A. Garris B. Doughty C. Harris

D. Craft E. Jones

8. Staff Reports

9. Adjourn

MINUTES OF RECONVENED REGULAR COUNCIL MEETING

CITY OF GULF SHORES, ALABAMA

JULY 18, 2005

Mayor Duke called the meeting to order at 5:00 p.m. at the City Hall. The invocation was delivered by Mitch Sims, Minister of Music, Genesis Church. The Pledge of Allegiance to the flag was led by Mayor Duke.

Upon roll call, the following officials answered "present": Councilmen Garris, Doughty, Harris, Craft, Jones, and Mayor Duke. The Mayor declared a quorum present.

Mayor Duke asked if there was anyone present who wished to address the Council but had been unable to get on the formal agenda.

Penny Coleman, a resident of 1605 West Beach Boulevard, expressed concern over the Armada Pass Condominium’s site plan that indicated a beach access by her home.

The Mayor advised that this issue would be addressed in the conditions relative to the Armada Pass site plan.

Andy Bauer, City Planner, presented the following recommendations of his Department and the Planning Commission relative to the Site Plan for Armada Pass Condominium:

Councilman Craft introduced and moved for the adoption of the following Resolution:

RESOLUTION NO. 3883-05

A RESOLUTION APPROVING SITE PLAN OF

HUTCHISON, MOORE AND RAUCH, LLC

FOR A DEVELOPMENT TO BE KNOWN AS

ARMADA PASS CONDOMINIUM

LOCATED AT 1548-1600 WEST BEACH BOULEVARD;

AND SETTING FORTH FINDINGS OF FACT AND

CONCLUSIONS, IN ACCORDANCE WITH REQUIREMENTS

OF ARTICLE 15 OF ZONING ORDINANCE NO. 235

(SP2005-21)

____________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN RECONVENED REGULAR SESSION ON JULY 18, 2005, as follows:

Section 1. That the Site Plan of Hutchison, Moore and Rauch, LLC for a 14-story, 90-unit multi-story structure, to be known as Armada Pass Condominium, located at 1548-1600 West Beach Boulevard, be and it is hereby approved.

The Site Plan approved and referenced herein shall be comprised of the following exhibits: Exhibit A – Plans submitted by Hutchison, Moore and Rauch, LLC dated July 11, 2005.

Section 2. That the decision of the Council is that the Site Plan is in the public interest, based on the following findings of fact and conclusions:

A. The plan is consistent with the comprehensive plan and the purpose and intent of the zoning district in which it is located – BTL (tourist lodging).

B. The plan is in conformance with applicable regulations of the zoning district in which it is located. The plan meets or exceeds area and setback requirements.

C. The plan is in conformance with the City's subdivision regulations and all other applicable City requirements including design, adequacy and construction of streets, drainage, utilities and other essential services or facilities.

ALL CONSTRUCTION SHALL BE CONSISTENT WITH THE SITE PLAN APPROVED BY COUNCIL AND COMPLY WITH ALL ZONING AND OTHER APPLICABLE REGULATIONS OF THE CITY, CONTINGENT UPON:

1) The City Attorney shall confirm that this application is made on behalf of the requisite number of owners to comply with Alabama law.

2) The site lighting plan supplied by the applicant shall include details of light fixtures with mounting height and lighting shall be screened from the adjacent single family uses. Monochromatic low pressure sodium lighting or other turtle friendly lighting acceptable to the City is the required lighting along East and West Beach Boulevards. A maximum light pole height of twenty feet (20’) is recommended.

3) The applicant shall provide a pedestrian sidewalk connection from the building entrance to the existing pedestrian walkway along West Beach Boulevard. The sidewalk shall be differentiated from the paving surface by change of pattern, texture, cross hatchings, etc. (Article 15-8.B.)

4) The property located across West Beach Boulevard from the proposed condominium site is not allowed to be used as a beach access. The property is zoned R-1B and the R-1B zoning district does not allow such uses.

5) The property located on the south side of West Beach

Boulevard may not be used as a beach access unless a

Special Exception is approved by the Board of

Adjustment.

6) The applicant must address the following landscape

requirements (Article 15-9.):

§ Medjool palms are to be grouped in threes to count as one (1) tree.

§ The north property line shall be planted with 14 trees and 105 shrubs.

7) Public Works:

· Drainage – The catch basin on the northwest side of the property needs to be connected to the underground percolation bed in the parking lot or drain into a sedimentation/filtration bed in the northwest corner of the site. Additional spot elevations need to be shown at the base of the proposed retaining wall and the site needs to be graded to allow storm water to flow north to the Lagoon and prevent ponding on adjacent properties. Runoff from West Beach Boulevard must be collected in shallow grassed swales constructed on the right-of-way or in the detention areas for the site. A typical cross section of this swale is required. The cross sections should indicate that all swales and side slopes of the detention area must have an established stand of grass or must be sodded prior to final approval of the drainage system. The curb and catch basin details need to specify the concrete strength and a sump needs to be added to the catch basin to collect silts before they can enter the underground percolation beds. Project owners are required by Section 8 of City Ordinance No. 311 to provide a letter signed by the owner of the property detailing a drainage maintenance plan for the drainage system and containing a commitment to maintain that system until it is turned over for maintenance to the property owner’s association, lessee, or property manager. The drainage maintenance plan must be conveyed to the appropriate property maintenance organization.

· Parking and Driveways – All curb details need to indicate the concrete strength.

D. The plan is consistent with good design standards in respect to all internal and external relationships, including but not limited to:

1) Relationship to adjoining properties;

2) Internal circulation, both vehicular and pedestrian;

3) Design of access and egress and impact on adjoining

streets;

4) Disposition and use of open space, provision of

screening and/or buffering, and preservation of

existing natural features including trees, wetlands,

and dunes;

5) Size and bulk of the structure meets or exceeds

compliance with area requirements;

6) Building arrangements both between buildings in the

proposed development and those on adjoining sites.

E. The plan is in conformance with City policy in respect to sufficiency of ownership. The City does not, by this approval, assume any responsibility for title or survey problems which may arise.

Section 3. That this Resolution shall become effective upon its adoption.

The motion for the adoption of Resolution No. 3883-05 was seconded by Councilman Harris; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows: Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Whereupon, the Mayor declared Resolution 3883-05 duly and legally adopted.

Andy Bauer, City Planner, presented the following recommendations of his Department and the Planning Commission relative to the Site Plan for Laguna Cay Condominium:

Councilman Garris introduced and moved for the adoption of the following Resolution:

RESOLUTION NO. 3884-05

A RESOLUTION APPROVING SITE PLAN OF

VENTURE PASS, LLC

FOR A DEVELOPMENT TO BE KNOWN AS

LAGUNA CAY CONDOMINIUM

LOCATED AT 1796 WEST BEACH BOULEVARD;

AND SETTING FORTH FINDINGS OF FACT AND

CONCLUSIONS, IN ACCORDANCE WITH REQUIREMENTS

OF ARTICLE 15 OF ZONING ORDINANCE NO. 235

(SP2005-19)

____________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN RECONVENED REGULAR SESSION ON JULY 18, 2005, as follows:

Section 1. That the Site Plan of Venture Pass, LLC for a 17-story, 25-unit multi-story structure, to be known as Laguna Cay Condominium, located at 1796 West Beach Boulevard, be and it is hereby approved.

The Site Plan approved and referenced herein shall be comprised of the following exhibits: Exhibit A – Plans submitted by Venture Pass, LLC dated July 11, 2005.

Section 2. That the decision of the Council is that the Site Plan is in the public interest, based on the following findings of fact and conclusions:

A. The plan is consistent with the comprehensive plan and the purpose and intent of the zoning district in which it is located – BTL (tourist lodging).

B. The plan is in conformance with applicable regulations of the zoning district in which it is located. The plan meets or exceeds area and setback requirements.

ALL CONSTRUCTION SHALL BE CONSISTENT WITH THE SITE PLAN APPROVED BY COUNCIL AND COMPLY WITH ALL ZONING AND OTHER APPLICABLE REGULATIONS OF THE CITY, CONTINGENT UPON:

1) Applicant shall submit a recorded ownership interests including liens, encumbrances, title certification in the form of a current title policy, title opinion, or title report. (Article 15-6.C.)

2) A letter or power of attorney shall be submitted from the owner of Venture Pass, LLC granting Patrick Meador the right to act on behalf of the owner.

3) The City Attorney shall confirm that this application is made on behalf of the requisite number of owners to comply with Alabama law.

4) The applicant shall determine whether the ground floor can be used for heated and cooled space according to FEMA and City regulations.

5) All plans shall clearly show the location and type of refuse container. The dumpster shall be screened by a solid board-on-board fence, brick wall, or equivalent and a detail of the enclosure shall be provided on the plans. (Article 12-2.B.1.)

6) The applicant shall provide a letter from a refuse collection provider stating front end loaders can pick up the refuse without requiring excessive backing or other movements.

7) The applicant shall provide a pedestrian sidewalk connection from the building entrance to the existing pedestrian walkway along West Beach Boulevard. The sidewalk shall be differentiated from the paving surface by change of pattern, texture, cross hatchings, etc. The pedestrian sidewalk shall not be placed behind parking spaces. (Article 15-8.B.)

8) The applicant must address the following landscape requirements (Article 15-9.):

· The landscape plan shows Cleyera planted underneath Little Gem Magnolias on the east and west sides of the site. Staff recommends that groundcover be planted beneath the Magnolia along the east property line and a few of the Magnolias be removed to allow the Cleyera to create a hedge and groundcover be planted beneath the remaining Magnolias along the west property line.

9) Applicant shall provide a site lighting plan that includes details illustrating mounting height, wattage and fixture type. (Article 12-1.F.5.) Monochromatic low pressure sodium lighting or other turtle friendly lighting acceptable to the City is required exterior lighting for condominiums along East and West Beach Boulevards. As part of the lighting plan review for the beach area development, low pressure sodium lighting does not attract baby sea turtles away from the water. A maximum light pole height of twenty feet (20’) is recommended.

10) The applicant shall label all active/passive recreational areas on the site plans. A minimum of fifteen percent (15%) is required.

11) The erosion control plan shall provide a silt fence and hay bales along the wetlands on the north portion of the site.

12) Public Works comments – drainage and construction requirements:

· Drainage – Additional spot elevations need to be shown at the base of the proposed retaining wall and the site needs to be graded to allow stormwater to flow north to the Lagoon to prevent ponding on adjacent properties. The catch basin needs to provide a sump to collect silts before it enters the underground percolation bed. Project owners are required by Section 8 of City Ordinance No. 311 to provide a letter signed by the owner of the property detailing a drainage maintenance plan for the drainage system and containing a commitment to maintain that system until it is turned over for maintenance to the property owner’s association, lessee or property manager. The drainage maintenance plan must be conveyed to the appropriate property maintenance organization. The proposed landscaping plan is a mirror image of the civil plans.

· Parking and Driveways – The curb and catch basin detail needs to specify concrete strength.

· Traffic Circulation – A “one way” sign and pavement markings need to be shown on the plans at the entrance and exist of the proposed one-way drive.

· Other comments – The vicinity map needs to indicate the address of the proposed site.

D. The plan is consistent with good design standards in respect to all internal and external relationships, including but not limited to:

1) Relationship to adjoining properties;

2) Internal circulation, both vehicular and pedestrian;

3) Design of access and egress and impact on adjoining

streets;

4) Disposition and use of open space, provision of

screening and/or buffering, and preservation of

existing natural features including trees, wetlands,

and dunes;

5) Size and bulk of the structure meets or exceeds

compliance with area requirements;

6) Building arrangements both between buildings in the

proposed development and those on adjoining sites.

E. The plan is in conformance with City policy in respect to sufficiency of ownership. The City does not, by this approval, assume any responsibility for title or survey problems which may arise.

Section 3. That this Resolution shall become effective upon its adoption.

The motion for the adoption of Resolution No. 3884-05 was seconded by Councilman Doughty; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows: Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Whereupon, the Mayor declared Resolution 3884-05 duly and legally adopted.

Andy Bauer, City Planner, presented the following recommendations of his Department and the Planning Commission relative to the Site Plan for Graceful Palms Condominium:

Following a lengthy discussion relative to buffering of the site, Councilman Doughty introduced and moved for the adoption of the following Resolution:

RESOLUTION NO. 3885-05

A RESOLUTION APPROVING SITE PLAN OF

JOHN AND SALLY GRACE AND

ALFRED AND JEANNETTE WATSON

FOR A DEVELOPMENT TO BE KNOWN AS

GRACEFUL PALMS CONDOMINIUM

LOCATED AT 1510 WEST BEACH BOULEVARD;

AND SETTING FORTH FINDINGS OF FACT AND

CONCLUSIONS, IN ACCORDANCE WITH REQUIREMENTS

OF ARTICLE 15 OF ZONING ORDINANCE NO. 235

(SP2005-20)

____________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN RECONVENED REGULAR SESSION ON JULY 18, 2005, as follows:

Section 1. That the Site Plan of John and Sally Grace and Alfred and Jeannette Watson for a nine story, 15-unit multi-family structure on two lots, to be known as Graceful Palms Condominium, located at 1510 West Beach Boulevard, be and it is hereby approved.

The Site Plan approved and referenced herein shall be comprised of the following exhibits: Exhibit A – Plans submitted by John & Sally Grace and Alfred & Jeannette Watson dated July 18, 2005.

Section 2. That the decision of the Council is that the Site Plan is in the public interest, based on the following findings of fact and conclusions:

A. The plan is consistent with the comprehensive plan and the purpose and intent of the zoning district in which it is located – BTL (tourist lodging).

B. The plan is in conformance with applicable regulations of the zoning district in which it is located. The plan meets or exceeds area and setback requirements.

ALL CONSTRUCTION SHALL BE CONSISTENT WITH THE SITE PLAN APPROVED BY COUNCIL AND COMPLY WITH ALL ZONING AND OTHER APPLICABLE REGULATIONS OF THE CITY, CONTINGENT UPON:

1) The City Attorney shall confirm that this application is made on behalf of the requisite number of owners to comply with the State of Alabama law.

2) The applicant shall provide a revised letter from Sunbelt stating that they can service the refuse container with a front loading vehicle and exit the site by going under the condo building and that minimal backing is required.

3) Applicant shall provide a minimum five foot (5’) wide landscape strip along all interior property boundaries unless a modification is approved by the City authority having responsibility for site plan approval (Article 15-9.H.1.) Applicant provides only two foot (2’) landscape strip along a portion of the east side property line.

D. The plan is consistent with good design standards in respect to all internal and external relationships, including but not limited to:

1) Relationship to adjoining properties;

2) Internal circulation, both vehicular and pedestrian;

3) Design of access and egress and impact on adjoining

streets;

4) Disposition and use of open space, provision of

screening and/or buffering, and preservation of

existing natural features including trees, wetlands,

and dunes;

5) Size and bulk of the structure meets or exceeds

compliance with area requirements;

6) Building arrangements both between buildings in the

proposed development and those on adjoining sites.

7) Buffering and a six foot (6’) high fence shall be

provided in the area designated by City staff.

E. The plan is in conformance with City policy in respect to sufficiency of ownership. The City does not, by this approval, assume any responsibility for title or survey problems which may arise.

Section 3. That this Resolution shall become effective upon its adoption.

The motion for the adoption of Resolution No. 3885-05 was seconded by Councilman Craft; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows: Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Whereupon, the Mayor declared Resolution 3885-05 duly and legally adopted.

Andy Bauer, City Planner, presented the following recommendations of his Department and the Planning Commission relative to the Site Plan for Surf Rider Condominium:

After a lengthy discussion relative to the site blending and public amenities to be provided, Councilman Craft introduced and moved for the adoption of the following Resolution:

RESOLUTION NO. 3886-05

A RESOLUTION APPROVING SITE PLAN OF

BRAD PATTERSON ARCHITECTS

FOR A DEVELOPMENT TO BE KNOWN AS

SURF RIDER CONDOMINIUM

LOCATED AT 1050 WEST BEACH BOULEVARD;

AND SETTING FORTH FINDINGS OF FACT AND

CONCLUSIONS, IN ACCORDANCE WITH REQUIREMENTS

OF ARTICLE 15 OF ZONING ORDINANCE NO. 235

(SP2005-37)

____________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN RECONVENED REGULAR SESSION ON JULY 18, 2005, as follows:

Section 1. That the Site Plan of Brad Patterson Architects for an 18-story, 112 unit multi-story structure, to be known as Surf Rider Condominium, located at 1050 West Beach Boulevard, be and it is hereby approved.

The Site Plan approved and referenced herein shall be comprised of the following exhibits: Exhibit 1 – Plan sheets submitted by Brad Patterson Architects dated July 18, 2005.

Section 2. That the decision of the Council is that the Site Plan is in the public interest, based on the following findings of fact and conclusions:

A. The plan is consistent with the comprehensive plan and the purpose and intent of the zoning district in which it is located – BTB-2 (medium density tourist business).

B. The plan is in conformance with applicable regulations of the zoning district in which it is located. The plan meets or exceeds area and setback requirements.

ALL CONSTRUCTION SHALL BE CONSISTENT WITH THE SITE PLAN APPROVED BY COUNCIL AND COMPLY WITH ALL ZONING AND OTHER APPLICABLE REGULATIONS OF THE CITY, CONTINGENT UPON:

1) Parking:

· Plan Sheet A-3 does not agree with the site plan with regard to the location of parking spaces. It does not show the four (4) spaces under the parking ramp. The site plan shall be controlling with regard to parking spaces and locations.

· Some room for backing up should be provided for the four (4) parking spaces and locations.

· The project proposes “grass paver blocks” for twenty (20) parking spaces. The zoning ordinance only allows “concrete, asphalt and concrete pavers”. The plans must be changed to reflect conformity with this requirement. Doing so will cause the impervious coverage calculation to exceed the maximum permitted (72,637 sq. ft./maximum allowed=69,160 sq. ft.).

· Correcting the pavement issue will also require changes to other site features including the Site Data Table.

· Staff recommends that the parking space in a direct line between the elevator area and the pool be eliminated to provide a pedestrian path to the pool. A walkway to the pool should be provided through the parking area (painted crosswalk, etc.). This will reduce the parking by one (1).

· The data table indicates that 227 spaces are provided. Staff has concluded that 200 are provided, which is four (4) fewer than required.

2) Since this is the first application of the new zoning

regulations, staff has forwarded this application to

Jordan, Jones & Goulding for review. We spoke with them on July 15, 2005, and were informed that the review has not been completed.

3) All landscape regulations must be complied with, including:

· The NEC (northeast) corner of the site should be a landscape area.

· Curbing is not shown on the plans and all required landscape areas must be a minimum of five feet (5’) in width (inside curb to inside curb).

· Landscape islands are required adjacent to the exit for the ground level parking garage.

· A landscape island is required in the grass parking paver area when it is changed to pavement.

· Staff recommends that the swimming pool be shifted to the south to provide a landscape buffer between the parking lot and the pool deck.

4) The site data table appears to incorrectly show the width of the property as 360 feet. It should be 300 feet. Also in the site data table, the open space should be provided as a percent of the total site, not as a percent of the “common space”. The two (2) common areas should be shown as “A” and “B”. They are currently both labeled as “A”.

5) A detail for the louvers on the parking deck should be provided. It should also be clarified that this treatment is proposed for all deck openings.

6) The front elevation (north) needs to provide the materials and colors for the building. Clarification is also needed on the wall around the raised extension of the parking deck.

7) The City Attorney needs to confirm that the application has been submitted on behalf of the requisite number of owners as required by Alabama law.

D. The plan is consistent with good design standards in respect to all internal and external relationships, including but not limited to:

1) Relationship to adjoining properties;

2) Internal circulation, both vehicular and pedestrian;

3) Design of access and egress and impact on adjoining

streets;

4) Disposition and use of open space, provision of

screening and/or buffering, and preservation of

existing natural features including trees, wetlands,

and dunes;

5) Size and bulk of the structure meets or exceeds

compliance with area requirements;

6) Building arrangements both between buildings in the

proposed development and those on adjoining sites.

E. The plan is in conformance with City policy in respect to sufficiency of ownership. The City does not, by this approval, assume any responsibility for title or survey problems which may arise.

Section 3. That this Resolution shall become effective upon its adoption.

The motion for the adoption of Resolution No. 3886-05 was seconded by Councilman Jones; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows: Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Whereupon, the Mayor declared Resolution 3886-05 duly and legally adopted.

Andy Bauer, City Planner, presented the following recommendations of his Department and the Planning Commission relative to the Final Planned Unit Development Plan and Site Plan for Sunset Bay:

Councilman Harris introduced and moved for the adoption of the following Resolution:

RESOLUTION NO. 3887-05

A RESOLUTION APPROVING FINAL PLAN

AND SITE PLAN OF

PLANNED UNIT DEVELOPMENT,

TO BE KNOWN AS SUNSET BAY,

A MIXED USE DEVELOPMENT

TO BE LOCATED ON PLASH ISLAND,

GULF SHORES ALABAMA,

IN ACCORDANCE WITH SECTION 13-6

OF ORDINANCE NO. 235, AS AMENDED,

ADOPTED MAY 10, 1982

(SP2005-26)

_____________________________________

WHEREAS, The Bryan Company has submitted to the City Council documentation which satisfies the requirements of Article 13 of Gulf Shores Zoning Ordinance No. 235, as amended, pertaining to the Final Development Plan;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN RECONVENED REGULAR SESSION ON JULY 18, 2005, as follows:

Section 1. That the final plan of Sunset Bay, a Planned Unit Development, has been reviewed by staff and the Gulf Shores Planning Commission, is found to be in substantial conformance with the Outline Development Plan approved by the City Council on April 11, 2005, and is hereby approved as submitted in accordance with Article 13, Section 13-6 of Ordinance No. 235, as amended, adopted May 10, 1982.

Section 2. That the Site Plan of The Bryan Company for two 4-story condominium buildings, to be known as Sunset Bay, located on Plash Island, be and it is hereby approved.

The Site Plan approved and referenced herein shall be comprised of the following exhibits: Exhibit A – Plans submitted by The Bryan Company dated July 18, 2005.

Section 3. That the decision of the Council is that the Site Plan is in the public interest, based on the following findings of fact and conclusions:

A. The plan is consistent with the comprehensive plan and the purpose and intent of the zoning district in which it is located – R-1A/PUD (single family residential/planned unit development).

B. The plan is in conformance with applicable regulations of the zoning district in which it is located. The plan meets or exceeds area and setback requirements.

ALL CONSTRUCTION SHALL BE CONSISTENT WITH THE SITE PLAN APPROVED BY COUNCIL AND COMPLY WITH ALL ZONING AND OTHER APPLICABLE REGULATIONS OF THE CITY, CONTINGENT UPON:

1) Wetlands are present on the site. If any wetlands are

to be filled, all state and federal permits shall be

obtained prior to the issuance of a building permit.

2) The substance of covenants, grants or easements or

other restrictions proposed to be imposed upon the use

of the land, buildings, and structures including

proposed easements or grants for public utilities must

be submitted (Article 13-4.B.)

3) Utility letters shall be provided for the water, sewer,

phone and electric provider indicating service

availability.

4) The applicant shall obtain a driveway turnout permit

from Baldwin County prior to site plan approval.

5) A scale shall be provided on the architecture plans.

It appears the parking spaces under the buildings do

not meet the minimum nine foot (9’) width requirement.

6) Curbing shall continue the entire length of the

driveway to the property line on the Todd Lane site.

7) Staff recommends the applicants provide a continuous

on-site walkway.

8) Each of the following Public Works comments must be

addressed:

· Drainage – Locations of curb cuts from the parking lot to the detention areas needs to be shown. A temporary benchmark referencing the NAVD control point it is tied to must be shown on the plans. Typical cross sections of detention areas are required. The cross sections should indicate that the side slopes of the detention area must have an established stand of grass or must be sodded prior to final approval of the drainage system. The location of downspouts and the storm water collection methods from them need to be shown (i.e., splash blocks leading to swales or downspout connection storm drainage pipes). If downspout locations are not yet known, a note on the drainage plans needs to indicate that gutters and downspouts will be required to drain to the detention system. Project owners are required by Section 8 of City Ordinance No. 311 to provide a letter signed by the owner of the property detailing a drainage maintenance plan for the drainage system and containing a commitment to maintain that system, until it is turned over for maintenance to the property owner’s association, lessee, or property manager. The drainage maintenance plan must be conveyed to the appropriate property maintenance organization.

· Parking Lot and Driveway Lighting – Parking lot driveways and any proposed parking under the buildings need to be shown on the plans. What appears to be parking lot lights shown on Sheet 7 need to be labeled.

D. The plan is consistent with good design standards in respect to all internal and external relationships, including but not limited to:

1) Relationship to adjoining properties;

2) Internal circulation, both vehicular and pedestrian;

3) Design of access and egress and impact on adjoining

streets;

4) Disposition and use of open space, provision of

screening and/or buffering, and preservation of

existing natural features including trees, wetlands,

and dunes;

5) Size and bulk of the structure meets or exceeds

compliance with area requirements;

6) Building arrangements both between buildings in the

proposed development and those on adjoining sites.

E. The plan is in conformance with City policy in respect to sufficiency of ownership. The City does not, by this approval, assume any responsibility for title or survey problems which may arise.

Section 4. That this Resolution shall become effective upon its adoption.

The motion for the adoption of Resolution No. 3887-05 was seconded by Councilman Jones; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows: Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Whereupon, the Mayor declared Resolution 3887-05 duly and legally adopted.

Councilman Doughty moved for unanimous consent of the Council to suspend the rules of procedure to allow for the immediate consideration of the following Ordinance:

ORDINANCE NO. 1345

AN ORDINANCE ASSENTING TO THE ANNEXATION

OF CERTAIN PROPERTY DESCRIBED HEREIN TO

THE CITY OF GULF SHORES, ALABAMA, AND

EXTENDING THE CORPORATE LIMITS OF THE CITY

TO INCLUDE SUCH PROPERTY

___________________________________________

WHEREAS, on the 1st day of July, 2005, Robert S. Craft, representing Turf Properties #2 1031 Subsidiary, LLC, being the owner of all the real property hereinafter described, did file with the City Clerk a petition asking that the said tracts or parcels of land be annexed to and become a part of the City of Gulf Shores; and

WHEREAS, said petition did contain the signatures of all of the owners of the described territory and a map of said property showing its relationship to the corporate limits of the City of Gulf Shores; and

WHEREAS, the governing body did determine that it is in the public interest that said property be annexed to the City of Gulf Shores and it did further determine that all legal requirements for annexing said real property have been met pursuant to Sections 11-42-20 through 11-42-24, Code of Alabama, 1975;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN RECONVENED REGULAR SESSION ON JULY 18, 2005, as follows:

Section 1. That the Council of the City of Gulf Shores, Alabama, finds and declares that it is in the best interest of the citizens of the City, and the citizens of the affected area, to bring the territory described in Section 2 of this ordinance into the City of Gulf Shores.

Section 2. That the boundary lines of the City of Gulf Shores, Alabama, be and the same are hereby altered or rearranged so as to include all of the territory heretobefore encompassed by the corporate limits of the City of Gulf Shores, Alabama, and in addition thereto the following described territory, to-wit:

Situated in Baldwin County, Alabama, to-wit: Commence at an old ½ inch iron pipe at the long established and locally accepted northwest corner of Section 27, Township 8 South, Range 4 East, Saint Stephens Meridian and run thence North 89 degrees 53’42” east, along the established north boundary of said Section 27, a distance of 2668.89 feet an iron pin marker for a point of beginning; thence continue north 89 degrees 53’42” east, along said section line, a distance of 54.69 feet to an iron pin marker; thence run northeastwardly, along a curve to the left, having a radius of 185.00 feet, an arc distance of 50.81 feet (chord bears north 82 degrees 01’35” east, 50.65 feet); thence run north 74 degrees 09’ 27” east, 489.55 feet; thence run northeastwardly, along a curve to the right, having a radius of 185.00 feet, an arc distance of 44.66 feet (chord bears north 81 degrees 04’26” east, 44.55 feet); thence run north 87 degrees 59’24” east, a distance of 414.00 feet to a point on the west margin of the Foley Beach Express; thence run southeastwardly, along the west margin of the Foley Beach Express, and along a curve to the left, having a radius of 1650.00 feet, an arc distance of 160.90 feet (chord bears south 04 degrees 45’05” east, 160.84 feet) to a point on the locally accepted north boundary of said Section 27; thence run southeastwardly, continuing along the west margin of said Foley Beach Express, and along a curve to the left, having a radius of 1650 feet, an arc distance of 269.00 feet (chord bears south 12 degrees 12’55” east, 268.70 feet); thence run south 16 degrees 53’09” east, continuing along the west margin of said Foley Beach Express, a distance of 2147.21 feet; thence run southeastwardly, along a curve to the left, having a radius of 1650.00 feet, an arc distance of 361.48 feet (chord bears south 23 degrees 09’43” east, 360.76 feet) to a point on the locally accepted south line of the northeast quarter of said Section 27; thence run south 89 degrees 51’50” west, along the accepted south line of the northeast quarter of said Section 27, a distance of 1869.55 feet to an iron pipe marker; thence run north 00 degrees 00’48” east, a distance of 2651.45 feet to the point of beginning. Subject to a right-of-way easement over and across the south margin thereof heretofore conveyed to Baldwin County. Tract contains 87.59 acres, more or less, right-of-way excluded, and lies in the southeast quarter of Section 22, and the northeast quarter of Section 27, township 8 South, Range 4 East, Baldwin County, Alabama. (Description composed from Probate Records and an actual field survey.)

Section 3. That this ordinance shall be published as provided by law, and a certified copy of same, together with a certified copy of the petition of the property owners, shall be filed with the Probate Judge of Baldwin County, Alabama.

Section 4. That the territory described in this ordinance shall become a part of the corporate limits of the City of Gulf Shores, Alabama, upon publication of this ordinance as set forth in Section 3, above.

The motion for unanimous consent was seconded by Councilman Jones; and upon the question, the vote thereon was as follows: Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Mayor Duke then declared the rules suspended.

Councilman Jones then moved for the adoption of Ordinance No. 1345 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1345 was seconded by Councilman Harris; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows: Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "abstain," Councilman Jones, "aye," and Mayor Duke, "aye." Whereupon, the Mayor declared Ordinance No. 1345 duly and legally adopted.

Councilman Jones moved for unanimous consent of the Council to suspend the rules of procedure to allow for the immediate consideration of the following Ordinance:

ORDINANCE NO. 1346

AN ORDINANCE ASSENTING TO THE ANNEXATION

OF CERTAIN PROPERTY DESCRIBED HEREIN TO

THE CITY OF GULF SHORES, ALABAMA, AND

EXTENDING THE CORPORATE LIMITS OF THE CITY

TO INCLUDE SUCH PROPERTY

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WHEREAS, on the 12th day of July, 2005, Michael and Jacqueline Madison, being the owners of all the real property hereinafter described, did file with the City Clerk a petition asking that the said tracts or parcels of land be annexed to and become a part of the City of Gulf Shores; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN RECONVENED REGULAR SESSION ON JULY 18, 2005, as follows:

Situated in Baldwin County, Alabama, to-wit:

61-09-37-0-000-080-001 – 120’ x 254.9’ – 3^RD addition, Taylor’s Riverview Subdivision, Lot 8A. 18988 Pine Acres Road

The motion for unanimous consent was seconded by Councilman Garris; and upon the question, the vote thereon was as follows: Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Mayor Duke then declared the rules suspended.

Councilman Garris then moved for the adoption of Ordinance No. 1346 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1346 was seconded by Councilman Jones; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows: Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Whereupon, the Mayor declared Ordinance No. 1346 duly and legally adopted.

There being no further business to come before the Council, Councilman Jones moved to adjourn; seconded by Councilman Craft; and the vote was unanimously in favor of the motion.

Mayor Duke declared the meeting adjourned.

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George W. Duke, III, Mayor

(SEAL)

ATTEST:

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Renee F. Moore, MMC, City Clerk