A G E N D A

A G E N D A

REGULAR COUNCIL MEETING

CITY OF GULF SHORES, ALABAMA

SEPTEMBER 12, 2005

1. Call to Order

2. Invocation -

3. Pledge of Allegiance

4. Roll Call

5. Approval of Minutes – Regular Meeting of August 22, 2005

Special Meeting of August 30, 2005

6. Approval of Payroll and Expense Vouchers

7. Public Hearing

A. Amend Zoning Ordinance

Ordinance – Off-Street Parking and Loading

B. Amend Zoning Ordinance

Ordinance – Rezone Carbon Landmark Construction Property –

R-1A to RMH

C. Amend Zoning Ordinance

Ordinance – Rezone Coastal/Waterdance Property – BG/ICW/

R-1A to BTB-3

D. Amend Zoning Ordinance

Ordinance – Rezone Williams Property – R-1A to BTL

E. Amend Zoning Ordinance

Ordinance – Rezone Alabama Gulf Coast Zoo Property – A/TP

to BG

8. Presentation of Petitions, Requests and Communications

A. Application for Public Assembly Permit – Alabama Gulf Coast

Area Chamber of Commerce – 34^th Annual National Shrimp

Festival

9. Hearing of Persons Not Listed on Formal Agenda

10. New Business

A. Resolution – Site Plan – Tanner’s Way Condominium

B. Resolution – Site Plan – Ba’Cara Condominium

C. Resolution – Site Plan – Sunwatch Condominium

D. Resolution – Site Plan – Bay John Bungalows

E. Resolution – Site Plan – Kaiser Realty

F. Resolution – Final PUD Plan and Site Plan – Grande View on

Little Lagoon

G. Resolution – Final PUD Plan and Site Plan – Hampton Village

H. Resolution – Accept Deed of Gift of Land – The George C.

Meyer Foundation, Inc.

I. Resolution – Award Bid – Wildland Fire Skid Unit

J. Resolution – Award Bid – Skid Steer Loader

K. Resolution – Award Bid – Reinforced Concrete Pipe

L. Resolution – Award Bid – Cabana Benches

M. Resolution – Award Bid – Knuckleboom Loaders

N. Resolution – Reappointment – Beautification Board

O. Resolution – Reappointments – Civic Center Advisory Board

P. Resolution – Ratify Grant Agreement – Federal Aviation

Administration – Land Acquisition

Q. Ordinance - Grant Nonexclusive Franchise – Gulf of Dixie,

LLC, dba Yellow Cab Company

R. Ordinance - Grant Nonexclusive Franchise – A-1 Taxi

Service

S. Ordinance - Assent to Annexation – Scott Raley – Hwy. 180

West

T. Ordinance - Assent to Annexation – Shelby & Frances Smith

– County Road 4 West

11. Committee Reports

A. Garris B. Doughty C. Harris

D. Craft E. Jones

12. Staff Reports

13. Adjourn

MINUTES OF REGULAR COUNCIL MEETING

CITY OF GULF SHORES, ALABAMA

SEPTEMBER 12, 2005

Mayor Duke called the meeting to order at 5:00 p.m. at the City Hall. The invocation was delivered by The Reverend Salam Shorrosh, Lagoon Baptist 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.

Councilman Garris moved to approve the minutes of the regular meeting of August 22, 2005, as presented; seconded by Councilman Jones; and the vote was unanimously in favor of the motion.

Councilman Jones moved to approve the minutes of the special meeting of August 30, 2005, as presented; seconded by Councilman Harris; and the vote was unanimously in favor of the motion.

Councilman Craft moved to approve the payroll and expense vouchers in the amount of $5,756,833.14; seconded by Councilman Jones; and the vote was unanimously in favor of the motion.

The City Clerk noted that the complete list of vouchers to be paid, as reflected on a computer printout, had been made a permanent record in the Clerk's office.

Mayor Duke stated that this was the time and place for the public hearing, as advertised, on the proposed amendment to the Zoning Ordinance as it relates to amending Article 12, Off-Street Parking and Loading.

The City Clerk stated that this public hearing had been advertised as required by law, as reflected by the following affidavits of publication:

Steve Foote, Planning Director, noted the recommendations of his Department and the Planning Commission in support of the zoning amendment, as reflected by the following communications:

The Mayor asked if there was anyone present who wished to comment on the proposed zoning amendment. There was no comment. The City Clerk stated no written communications had been received in this regard.

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. 1370

AN ORDINANCE TO AMEND ORDINANCE NO. 235

(ZONING ORDINANCE), ADOPTED MAY 10, 1982

AT ARTICLE 12, OFF-STREET PARKING AND LOADING,

SECTION 12-1. REQUIRED OFF-STREET PARKING,

SUBSECTION A. MINIMUM OFF-STREET PARKING SPACES REQUIRED,

BY REWRITING 16. RESTAURANTS, LOUNGES, AND OTHER

EATING AND DRINKING PLACES AND

BY ADDING CERTAIN LANGUAGE

AT SUBSECTION E. LANDSCAPING

(ZA2005-04)

__________________________________________

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON SEPTEMBER 12, 2005, as follows:

Section 1. That Ordinance No. 235 (Zoning Ordinance), adopted May 10, 1982, be and it is hereby amended at ARTICLE 12, OFF-STREET PARKING AND LOADING, Section 12-1. Required Off-Street Parking, Subsection A. Minimum Off-Street Parking Spaces Required, by rewriting 16. Restaurants, lounges, and other eating and drinking places, so that said Subsection shall read as follows:

ARTICLE 12 OFF-STREET PARKING AND LOADING

Sec. 12-1. Required Off-Street Parking

* * *

A. Minimum Off-Street Parking Spaces Required

* * *

16. Restaurants, lounges, and other eating and drinking places – One (1) space for each three (3) seating accommodations, plus one (1) space for each two (2) employees on shift of greatest employment, or one (1) space for each forty (40) square feet of public floor area, whichever is the greatest. Public floor area equals the gross floor area (including outdoor dining areas not excluded from parking requirements) less all areas used for kitchen, storage, office and other non-customer areas.

* * *

Section 2. That Ordinance No. 235 (Zoning Ordinance), adopted May 10, 1982, be and it is hereby amended at ARTICLE 12, OFF-STREET PARKING AND LOADING, Section 12-1. Required Off-Street Parking by adding language at Subsection E. Landscaping, so that said Subsection shall read as follows:

ARTICLE 12 OFF-STREET PARKING AND LOADING

Sec. 12-1. Required Off-Street Parking

* * *

E. Landscaping. The design and appearance of parking areas is intended to be compatible with the beach resort character of the community. Toward this objective, the standards contained in Article 15, Site Plan Review, Section 15-9, Landscaping, of this ordinance shall be observed in the construction of off-street parking areas accommodating six (6) or more parking spaces.

In certain cases, a reduction of parking spaces may be allowed subject to the approval of the City authority having the responsibility for site plan or subdivision approval, when the reduction would result in the preservation of a Protected Tree. The following schedule of reductions shall apply:

REDUCTION SCHEDULE PER PROTECTED TREE

Number of Required Parking Spaces	Maximum Reduction of Parking Spaces Allowed

1 – 4	0
5 – 9	1
10 – 19	2
20+	10% of total required

This provision shall not be utilized to reduce required parking in conjunction with any other provision or provisions of this Ordinance permitting reduction of required parking, if the combined effect of such provisions would be to authorize a reduction in parking to an extent exceeding the maximum permissible reduction otherwise separately allowable under any of the provisions being utilized.

* * *

Section 2. That this Ordinance shall become effective upon its adoption and publication as required by law.

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 Harris then moved for the adoption of Ordinance No. 1370 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1370 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 Ordinance No. 1370 duly and legally adopted.

Mayor Duke stated that this was the time and place for the public hearing, as advertised, on the proposed amendment to the Zoning Ordinance as it relates to the rezoning of the Carbon Landmark Construction Property.

The City Clerk stated that this public hearing had been advertised as required by law, as reflected by the following affidavits of publication:

Steve Foote, Planning Director, noted the recommendations of his Department and the Planning Commission against the rezoning of the property, as reflected by the following communications:

The Mayor asked if there was anyone present who wished to comment on the proposed zoning amendment. Ed Hand, representing the developer, spoke in favor of the project. The City Clerk stated no written communications had been received in this regard.

Councilman Craft 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. 1371

AN ORDINANCE AMENDING ORDINANCE NO. 235

(ZONING ORDINANCE), ADOPTED MAY 10, 1982,

BY CHANGING THE ZONING CLASSIFICATION

OF A 11-ACRE PARCEL DESCRIBED HEREIN

IN REZONING CASE Z2005-17,

FROM R-1A TO RMH

__________________________________________

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON SEPTEMBER 12, 2005, as follows:

Section 1. That, in respect to that certain property described as follows:

In the State of Alabama, County of Baldwin, and City of Gulf Shores, and being more particularly described as follows:

Description (as furnished by client and recorded in RP 535, Pages 1102 through 1104, Probate Records, Baldwin County, AL)

Commence at the intersection of the center line of Alabama Highway Number 59 and County Road Number 6, which point is assumed to be the section corner common to Sections 28, 29, 32 and 33, Township 8 South, Range 4 East; run thence north 89 degrees 26 minutes West along the center line of said County Road 6, 4121 feet; thence run south 70 degrees and 20 minutes west, 646.5 feet to an iron pipe and old lightwood post land corner, reputed to be the northeast corner of the E. Lamey Grant Section Thirty-Eight, Township 8 South, Range 4 East; thence run South 51 degrees 20 minutes West 208.71 feet to a corner, the southeast corner of property owned by Thomas Mund, Jr. for a point of beginning; thence run South 51 degrees 20 minutes West 385.8 feet; thence run North 45 degrees West, 931 feet; thence run North 31 degrees 20 minutes East 561.5 feet to a point, on the South side of said County Road; thence run South 44 degrees 51 minutes East 516.4 feet to a corner; thence following a left curve (concave northwesterly) run along said road to a point, distance from the last specified corner 191.3 feet, measured on a chord bearing south 52 degrees 03 minutes East to a corner, the northwest corner of the Thomas Mund, Jr. property; thence run South 51 degrees 20 minutes West 168.71 feet; thence run South 43 degrees 21 minutes East 417.42 feet to the point of beginning.

Tract contains 11.24 acres and lies in the E. Lamey Grant, Section 38, Township 8 South, Range 4 East, and is part of that certain property described and conveyed by deed recorded in Deed Book 236 at Page 465, Probate Records, Baldwin County, Alabama.

Ordinance No. 235 (Zoning Ordinance), adopted May 10, 1982, along with the Zoning Map of the City of Gulf Shores, be and it is hereby amended and altered by rezoning those certain parcels of real property herein described from R-1A (low density single family residential) to RMH (high density residential).

Section 2. That this Ordinance shall become effective upon its adoption and publication as required by law.

Councilman Garris then moved for the adoption of Ordinance No. 1371 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1371 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, “abstain,” Councilman Harris, "nay," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Whereupon, the Mayor declared Ordinance No. 1371 duly and legally adopted.

Mayor Duke stated that this was the time and place for the public hearing, as advertised, on the proposed amendment to the Zoning Ordinance as it relates to the rezoning of the Coastal/Waterdance property.

The City Clerk stated that this public hearing had been advertised as required by law, as reflected by the following affidavits of publication:

Steve Foote, Planning Director, noted the recommendations of his Department and the Planning Commission in support of the rezoning of the property, as reflected by the following communications:

Councilman Garris 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. 1372

AN ORDINANCE AMENDING ORDINANCE NO. 235

(ZONING ORDINANCE), ADOPTED MAY 10, 1982,

BY CHANGING THE ZONING CLASSIFICATION

OF AN APPROXIMATE 102-ACRE PARCEL

DESCRIBED HEREIN IN REZONING CASE Z2005-22,

FROM BG/ICW/R-1A

TO BTB-3

__________________________________________

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON SEPTEMBER 12, 2005, as follows:

Section 1. That, in respect to that certain property described as follows:

In the State of Alabama, County of Baldwin, and City of Gulf Shores, and being more particularly described as follows:

Commence at the northwest corner of Section 7, Township 9 South, Range 4 East, Baldwin County, Alabama; thence run south 00 degrees 05’00” East along the west line of said Section 7, a distance of 51.19 feet to a point on the south right-of-way line of Baldwin County Road 4, said point being the Point of Beginning of the property herein described; thence run South 89 degrees 52’04” East along said South line of Baldwin County Road 4, a distance of 3128.96 feet to a point; thence run South 00 degrees 10’01” West a distance of 1128.7 feet more or less to a point on the North meanderings of the shoreline of the Intracoastal Canal a distance of 2057.0 feet more or less to a point; thence run North 01 degrees 46’52” West a distance of 1074.17 feet, more or less, to a point; thence run along a line 50 feet North and West of the toe of a dike, run as follows: Westwardly 2340 feet, more or less, Southwardly 684 feet, more or less, to a point; thence run Eastwardly 672 feet, more or less, to a point; thence run Southwardly 385 feet, more or less to a point on the aforementioned North meanderings of the shoreline of the Intracoastal Canal; thence along said North meanderings of the shoreline of the Intracoastal Canal run Westwardly 1629 feet, more or less, to a point on the East meanderings of the shoreline of Oyster Bay; thence along said East meanderings of the shoreline of Oyster Bay, run Northwardly 1121 feet, more or less, to its intersection with the East boundary of the property now or formerly of Wendell W. Wood and Betty J. Wood; thence along said East Boundary of Wood property run Northwestwardly 465 feet, more or less, to a point on the aforementioned South right-of-way line of Baldwin County Road 4; thence along said South right-of-way lie of Baldwin County Road 4, run North 89 degrees 27’37” East 2840 feet to the Point of Beginning, containing 102 acres more or less. Includes the right-of-way of West 6^th Street and the right-of-way for 25^th Avenue.

Ordinance No. 235 (Zoning Ordinance), adopted May 10, 1982, along with the Zoning Map of the City of Gulf Shores, be and it is hereby amended and altered by rezoning those certain parcels of real property herein described from BG (general business)/ICW (Intracoastal waterway)/R-1A (low density single family residential) to BTB-3 (tourist business/mixed use) CONTINGENT UPON Exhibit A.

Section 2. That this Ordinance shall become effective upon its adoption and publication as required by law.

The motion for unanimous consent was seconded by Councilman Doughty; 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. 1372 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1372 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 Ordinance No. 1372 duly and legally adopted.

Mayor Duke stated that this was the time and place for the public hearing, as advertised, on the proposed amendment to the Zoning Ordinance as it relates to the rezoning of the Williams property.

The City Clerk stated that this public hearing had been advertised as required by law, as reflected by the following affidavits of publication:

Steve Foote, Planning Director, noted the recommendations of his Department and the Planning Commission in support of the rezoning of the property, as reflected by the following communications:

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. 1373

AN ORDINANCE AMENDING ORDINANCE NO. 235

(ZONING ORDINANCE), ADOPTED MAY 10, 1982,

BY CHANGING THE ZONING CLASSIFICATION

OF A 7.76-ACRE PARCEL DESCRIBED HEREIN

IN REZONING CASE Z2005-23,

FROM R-1A TO BTL

__________________________________________

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON SEPTEMBER 12, 2005, as follows:

Section 1. That, in respect to that certain property described as follows:

In the State of Alabama, County of Baldwin, and City of Gulf Shores, and being more particularly described as follows:

Parcel 1 – Commence at a large marble marker at the southeast corner of the John Cook Grant Section 4, township 9 South, Range 3 East, for a Point of Beginning; thence run north 39 degrees 28 minutes 48 seconds East, along the eastern margin of Lot number 6 of the division of Lot 9 of the John Cook Estate in the John Cook Grant Section 5, Township 9 South, Range 3 East, a distance of 430.46 feet to an iron pin marker on the south margin of Baldwin County Highway Number 6 (aka Bon Secour Road); thence run southwestwardly along a curve to the left, having a radius of 532.96 feet and a delta angle of 53 degrees 57 minutes, an arc distance of 235.66 feet to an iron pin marker situated 40 feet south of the centerline of the pavement at P.C. Station #0+83.0; thence run South 58 degrees 88 minutes West, 66 feet, more or less, to a point on the eastern margin of Oyster Bay (aka Bay John); thence run southwardly along the meanders of said Oyster Bay a distance of 340 feet, more or less, to a point that is situated South 64 degrees West, from the Point of Beginning; thence run North 64 degrees East, 45 feet more or less, to the Point of Beginning. Tract contains 1.3 acres, more or less, and lies predominantly in the John Cook Grant Section 4, Township 9 South, Range 3 East, Baldwin County, Alabama. (Description composed from actual field survey and office records.)

Parcel 2 – Commence at a large marble marker, at the southwest corner of fractional Section 1, Township 9 South, Range 3 East, as the Point of Beginning; thence run North 39 degrees 28 minutes 48 seconds East, along the East boundary of the John Cook Grant Section 4, a distance of 430.46 feet to an iron pin marker on the south margin of Baldwin County Highway Number 6 (aka Bon Secour Road); thence run eastwardly and southeastwardly along a curve to the right having a radius of 532.96 feet, a delta angle of 53 degrees 57 minutes and an arc distance of 254.19 feet to an iron pin marker; thence run South 34 degrees 45 minutes West, 285.75 feet to a crimp top iron marker at the southeast corner of Lot Number 2 of a subdivision of lands as surveyed by Michael N. Ponder in October of 1968; thence run North 89 degrees 06 minutes West, 115.86 feet to a 4” X 4” concrete block marker at the Northeast corner of Lot Number 1 of Mary Pose Point, a subdivision of part of Lot 3, Section 12, township 9 South, Range 3 East, as shown by a survey by Claude W. Arnold dated April 1960; thence run South 00 degrees 54 minutes West, along the division line between lots Number 1 and 2 in said Mary Pose Point, a distance of 458 feet, more or less, to a point on the North margin of Oyster Bay, aka Bay John; thence run northwestwardly and northwardly along and following the meanders of the shoreline of said Oyster Bay 550 feet, more or less, to a point that is situated South 64 degrees West from the Point of Beginning; thence run North 64 degrees East, 45 feet, more or less, to the Point of Beginning. Tract contains 4.18 acres, more or less, and lies in Fractional Section 1 and Fractional Section 12, Township 9 South, Range 3 East, Baldwin County, Alabama. (Description composed from actual field survey and office records.)

The above legal description describes the same property as in a title commitment prepared by Chicago Title Insurance, File No. GS 47615 dated January 27, 2005 at 8:00 a.m.

Parcel 3 – Commencing at a 4-inch square marble monument found at the southeast corner of the John Cook Grant, Section 4, Township 9 South, Range 3 East, Baldwin County, Alabama, said point also being the southwest corner of Fractional Section 1, Township 9 South, Range 3 East, Baldwin County, Alabama, run south 89 degrees 06’00” East, a distance of 225.00 feet to a concrete monument and the point of beginning of the property herein described; thence continuing South 89 degrees 06’00” East, run a distance of 115.58 feet to a capped rebar set by F. William Raber (Alabama licensed professional surveyor No. 19525); thence run north 34 degrees 469’37” East, a distance of 284.58 feet to an iron pipe found on the south right-of-way line of Bon Secour Road (aka Oyster Bay Road); thence run South 51 degrees 33’25” East along said South right-of-way line of Bon Secour Road (aka Oyster Bay Road) a distance of 113.95 feet to an iron pipe found; thence run South 32 degrees 21’58” West a distance of 195.40 feet to a capped rebar set by Phillip Lindsey (Alabama licensed professional surveyor no. 17836); thence run North 89 degrees 06’00” West a distance of 112.02 feet to a concrete monument found; thence run South 00 degrees 54’00” West a distance of 474 feet, more or less, to a point on the northern margin of Oyster Bay (aka Bay John); thence run in a westerly direction along said Northern margin of Oyster Bay (aka Bay John) a distance of 150 feet, more or less, to a point that bears South 00 degrees 54’00” West of the point of beginning; thence run North 00 degrees 54’00” East a distance of 445 feet, more or less, to the point of beginning.

The above legal description describes the same property as in a title commitment prepared by Charles H. Morris, III, commitment no. V432773 dated December 1, 2004.

1. The site shall comply with the requirements of the Plash Island/Bon Secour River Land Use Study.

Section 2. That this Ordinance shall become effective upon its adoption and publication as required by law.

Councilman Harris then moved for the adoption of Ordinance No. 1373 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1373 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, "abstain," and Mayor Duke, "aye." Whereupon, the Mayor declared Ordinance No. 1373 duly and legally adopted.

Mayor Duke stated that this was the time and place for the public hearing, as advertised, on the proposed amendment to the Zoning Ordinance as it relates to the rezoning of the Alabama Gulf Coast Zoo property.

The City Clerk stated that this public hearing had been advertised as required by law, as reflected by the following affidavits of publication:

Steve Foote, Planning Director, noted the recommendations of his Department and the Planning Commission in support of the rezoning of the property, as reflected by the following communications:

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. 1374

AN ORDINANCE AMENDING ORDINANCE NO. 235

(ZONING ORDINANCE), ADOPTED MAY 10, 1982,

BY CHANGING THE ZONING CLASSIFICATION

OF A 1.47-ACRE PARCEL DESCRIBED HEREIN

IN REZONING CASE Z2005-21,

FROM A/TP TO BG

__________________________________________

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON SEPTEMBER 12, 2005, as follows:

Section 1. That, in respect to that certain property described as follows:

In the State of Alabama, County of Baldwin, and City of Gulf Shores, and being more particularly described as follows:

Commence at the northeast corner of Lot 1, Block 16, Unit 3 of Gulf Shores as recorded in Map Book 3, Page 9, Probate Records, Baldwin County, Alabama; run thence north 89 degrees 58 minutes 29 seconds east for 70.00 feet to the east right-of-way of East Fourteenth Avenue; run thence north 00 degrees 00 minutes 00 seconds east along the east right-of-way of said East Fourteenth Avenue for 288.62 feet to the south right-of-way of State Highway No. 180 (aka Dixie Graves Parkway); run thence in a northeasterly direction along the south right-of-way of said Alabama Highway No. 180 along a curve to the left having a radius of 2937.24 feet for an arc distance of 301.79 feet, a chord of north 79 degrees 10 minutes 41 seconds east for 301.56 feet; run thence in a northeasterly direction along the south right-of-way of said Alabama Highway No. 180 along a curve to the right having a radius of 2607.24 feet for an arc distance of 231.17 feet, a chord of north 78 degrees 46 minutes 29 seconds east for 231.10 feet to the point of beginning; continue thence in a northeasterly direction along the south right-of-way of said Alabama Highway No. 180 Parkway along a curve to the right having a radius of 2607.24 feet for an arc distance of 256.31 feet, a chord of north 84 degrees 07 minutes 52 seconds east for 256.21; run thence south 00 degrees 18 minutes 00 seconds east for 250.32 feet; run thence in a southwesterly direction along a curve to the left having a radius of 2357.24 feet for an arc distance of 256.61 feet, a chord of 83 degrees 32 minutes 12 seconds west for 256.48 feet; run thence north 00 degrees 18 minutes 00 seconds west for 252.99 feet to the south right-of-way of said Alabama Highway No. 180 and the point of beginning.

Ordinance No. 235 (Zoning Ordinance), adopted May 10, 1982, along with the Zoning Map of the City of Gulf Shores, be and it is hereby amended and altered by rezoning those certain parcels of real property herein described from A/TP (amusement/theme park) to BG (general business) CONTINGENT UPON:

1) The title policy submitted appears to be for the parcel south of the subject property. The legal description provided by the title company and the legal description on the plans are different. Please resubmit a title policy for the property to be recorded.

2) A concept plan must be submitted showing the intended use of the subdivision including but not limited to streets, easements, street right-of-way, building setbacks, and areas set aside for open space. Design must meet requirements set forth in Section 6 of the Subdivision Regulations.

Section 2. That this Ordinance shall become effective upon its adoption and publication as required by law.

Councilman Doughty then moved for the adoption of Ordinance No. 1374 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1374 was seconded by Councilman Garris; 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, "abstain," and Mayor Duke, "aye." Whereupon, the Mayor declared Ordinance No. 1374 duly and legally adopted.

The City Clerk presented the Application for Public Assembly Permit of the Alabama Gulf Coast Chamber of Commerce for the 34^th Annual National Shrimp Festival.

Councilman Doughty moved to approve the Application for Public Assembly Permit of the Alabama Gulf Coast Chamber of Commerce for the 24^th Annual National Shrimp Festival; motion was seconded by Councilman Craft; and the vote was unanimously in favor of the motion.

Mayor Duke asked if there was anyone present who wished to address the Council but had been unable to get on the formal agenda. There was no response.

Due to involvement with the Tanner’s Way Condominium project, the Mayor stepped down from the chair to allow the Mayor ProTem to conduct the discussion.

Upon the request of the Mayor ProTem, Zoning Administrator Andy Bauer presented the following memoranda from his Department and the Planning Commission relative to the site plan for Tanner’s Way Condominiums:

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

RESOLUTION NO. 3918-05

A RESOLUTION APPROVING SITE PLAN OF

DUKE CONSTRUCTION

FOR A DEVELOPMENT TO BE KNOWN AS

TANNER’S WAY CONDOMINIUMS

LOCATED ON WEST 36^TH AVENUE;

AND SETTING FORTH FINDINGS OF FACT AND

CONCLUSIONS, IN ACCORDANCE WITH REQUIREMENTS

OF ARTICLE 15 OF ZONING ORDINANCE NO. 235

(SP2005-31)

____________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON SEPTEMBER 12, 2005, as follows:

Section 1. That the Site Plan of Duke Construction for a 5-building, 40-unit condominium, to be known as Tanner’s Way Condominiums, located on the south side of West 36^th Avenue, 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 Duke Construction dated September 12, 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 – RMH (high density multi-family residential).

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 site lies in the Airport Noise District; therefore proper soundproofing will be required upon construction of the buildings.

2) The following comments from the Public Works Department must be addressed:

· Drainage – The west side of the property has an existing power and water line easement. 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.

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. 3918-05 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, "abstain," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "abstain." Whereupon, the Mayor ProTem declared Resolution 3918-05 duly and legally adopted.

Mayor Duke reassumed the chair.

Upon the request of the Mayor, Zoning Administrator Andy Bauer presented the following memoranda from his Department and the Planning Commission relative to the site plan for Ba’Cara Condominium:

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

RESOLUTION NO. 3919-05

A RESOLUTION APPROVING SITE PLAN OF

CASA DEL MAR, LLC

FOR A DEVELOPMENT TO BE KNOWN AS

BA’CARA CONDOMINIUM

LOCATED AT 903 AND 913 WEST BEACH BOULEVARD;

AND SETTING FORTH FINDINGS OF FACT AND

CONCLUSIONS, IN ACCORDANCE WITH REQUIREMENTS

OF ARTICLE 15 OF ZONING ORDINANCE NO. 235

(SP2005-29)

____________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON SEPTEMBER 12, 2005, as follows:

Section 1. That the Site Plan of Casa del Mar, LLC for a 25-story, 149 unit condominium, to be known as Ba’Cara Condominium, located at 903 and 913 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 Casa del Mar, LLC dated September 12, 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-4 (tourist lodging sub-area 4).

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 developer shall provide a cash contribution to the City of Gulf Shores in the amount of $2,000,000.00 for the sixteen (16) bonus units.

2) The building does not meet the architectural guidelines of Article 15-8.G. Outside walls of the parking deck are required to be screened to appear as part of the building façade. The parking deck is limited to three stories and the building elevations show four levels of parking.

3) The applicant will eliminate the dead end parking on the east and west sides of the site in a manner acceptable to staff.

4) The following comments from Public Works need to be addressed:

· Drainage – A typical cross section of the swale on West Beach Boulevard needs to be shown on the plans.

· Traffic Circulation – A traffic study was submitted on August 9, 2005, and is currently under review.

· Parking and Driveways – The curb detail and catch basin detail need to specify the minimum concrete strength. The typical cross section for the pavement needs to specify a minimum 6” of crushed limestone base and a surface course minimum thickness of 165 lb/sy.

· Parking Lot and Driveway Lighting – A detail showing the fixture type, mounting height and wattage for proposed parking lights needs to be added to the plan. Exterior lighting for condominiums and commercial developments on East and West Beach Boulevards must be monochromatic lighting or shielded so that they do not attract baby sea turtles from the water. It appears the proposed lighting is not screened or shielded.

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. 3919-05 was seconded by Councilman Garris; 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 3919-05 duly and legally adopted.

Upon the request of the Mayor, Zoning Administrator Andy Bauer presented the following memoranda from his Department and the Planning Commission relative to the site plan for Sunwatch Condominiums:

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

RESOLUTION NO. 3920-05

A RESOLUTION APPROVING SITE PLAN OF

BRADLEY L. FIELDS

FOR A DEVELOPMENT TO BE KNOWN AS

SUNWATCH CONDOMINIUMS

LOCATED AT 1956 WEST BEACH BOULEVARD;

AND SETTING FORTH FINDINGS OF FACT AND

CONCLUSIONS, IN ACCORDANCE WITH REQUIREMENTS

OF ARTICLE 15 OF ZONING ORDINANCE NO. 235

(SP2005-35)

____________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON SEPTEMBER 12, 2005, as follows:

Section 1. That the Site Plan of Bradley L. Fields for 8 two-story condominium units, to be known as Sunwatch Condominiums, located at 1956 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 Bradley L. Fields dated September 12, 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-2 (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 provide wattage of proposed lighting fixtures.

2) If a sign is proposed for Sunwatch Condominiums, the sign shall be located on the plans.

3) Proposed lighting shall be a minimum of ten feet (10’) tall.

4) The following comments from Public Works need to be addressed:

· Drainage – Some clarifications on the construction details for the sedimentation/filtration beds need to be made. 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.

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. 3920-05 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 3920-05 duly and legally adopted.

Upon the request of the Mayor, Zoning Administrator Andy Bauer presented the following memoranda from his Department and the Planning Commission relative to the site plan for Bay John Bungalows:

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

RESOLUTION NO. 3921-05

A RESOLUTION APPROVING SITE PLAN OF

BRAD LEE PATTERSON

FOR A DEVELOPMENT TO BE KNOWN AS

BAY JOHN BUNGALOWS

LOCATED AT 4330 COUNTY ROAD 6 WEST;

AND SETTING FORTH FINDINGS OF FACT AND

CONCLUSIONS, IN ACCORDANCE WITH REQUIREMENTS

OF ARTICLE 15 OF ZONING ORDINANCE NO. 235

(SP2005-30)

____________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON SEPTEMBER 12, 2005, as follows:

Section 1. That the Site Plan of Brad Lee Patterson for 15 separate two-story bungalow units, to be known as Bay John Bungalows, located at 4330 County Road 6 West, 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 Brad Lee Patterson dated September 12, 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 – RML (limited multi-family residential).

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) Approval shall be granted for wetland filling and draining into the wetlands from ADEM and the Corps of Engineers prior to construction.

2) A driveway turnout permit shall be issued from Baldwin County and submitted to the Community Development Department.

3) Phase Two is not approved at this time.

4) The following comments from the Public Works Department must be addressed: