Planning Commission Application PART I

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1 Planning Commission Application PART I Project Data Address of Subject Property 3040 Overton Rd. Birmingham, AL Zoning Classification Name of Property Owner(s) Chabad of Alabama Phone Number: leviw88@gmail.com Name of Representative Agent (if applicable): Bryant Naile Father Nature Landscapes Phone Number: Bnaile@Fathernaturelandscapes.com Name of Engineer or Surveyor: Criterium-Carlysle Engineers Scott Gibbs Phone Number: criteriumcarlysle@att.net Property owner or representative agent must be present at hearing Plans See applicable Section of the Zoning Ordinance for submittal requirements pertaining to your particular application. Applicable Code Section may be found in Part II, list of application types. Contact City Planner with any specific questions as to required plans submittal. 2

2 Description of Proposed Improvements: Currently the spaces labeled "Artificial Turf" and "Kid's Court" are open grass areas, but there is vegetation along the fence/property line that borders these areas. We will keep as much of this vegetation intact as long as it does not interfere with the fence install. Since the vegetation is a little thin along the back fence line, we will install plants (eleagnus or chindo viburnum) there to thicken the buffer area. The space to the left in the design that is labeled "Picnic Area" is currently a wooded area. We will keep the trees in that area as long as they are all healthy, and we will remove the underbrush to create space for picnic tables. We will also leave the shrubbery along the fence/property line just like the other areas to keep a buffer. Also, if there are any desirable native plants in the underbrush, we will leave those. Our goal is to keep as many trees/plants as possible so there is shade for the picnic area, and a border for privacy along the property lines.

3 Zoning WEATHERTON DR WARRINGTON RD 3781 WILLIAMSBURG CIR BROOK HOLLOW LN DUNBARTON DR OVERTON RD ORLEANS RD LOCKSLEY DR DUNBARTON CIR CROMWELL DR VILLAGELN BUCKING HAM WIMBLETON DR Zoning Legend <all other values> 3801 ³ Clustered Residential Community Shopping Estate Residence District Local Business District MXD Office Park District Professional District 3813 PUD Residence A District Residence B District Residence C District Residence D 3812 District Residence E District Residence F District Residence G 3820 District Recreation District RID 3829 Rec PL BUCKINGHAM LN WIMBLETON LN

4 Aerial DUN C IR N DR OVERTO N RD CROMW ELL DR DUNBA R TO BA R TO N ³

5 Aerial-2 D U N B A R TO N D R ³

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8 Petition Summary Request for approval of a master development plan for the Chabad of Alabama, to allow the installation of additional recreational amenities, as well as alterations to the landscape and hardscape of the property. Recent Background On March 5, 2018, the planning commission carried the subject case over to April 2, 2018 for the following information: Compliance with Section , Conditions on Certain Permitted Uses for Res- A (see attached code section outline with applicant s responses); Compliance with Section , Buffers and Privacy fences (see attached Master Plan and proposed Landscaping); Submission of a summary of storm water mitigation proposal (see attached Report from Gibbs Engineers). Buffers, Privacy Fences and Walls The planning commission is not required to impose a buffer or privacy fence/wall in conjunction with institutional uses in Res-A; however, if it chooses to do so these are the guidelines from Section of the zoning code: Buffers and green belts. For a buffer or green belt, a planted strip of land at least 15 feet in width, composed of living deciduous or evergreen trees spaced not more than ten feet apart, and at least one row of dense evergreen shrubs spaced not more than five feet apart, all of which shall be maintained in perpetuity by the property owner who is required to establish such buffer or green belt, or his heirs, successors or assigns. Privacy fences and walls. For a privacy fence or wall, a solid wooden fence or brick wall (meaning a fence or wall with no openings or gaps in it, except for a gate which must be closed at all times except when it is in use) six feet in height and, with respect to fences, with all supporting members being on the side of the fence which faces the parcel, the owner of which is required to provide the fence. The fence or wall must be at least five feet inside, and parallel to, the property line of the parcel which is to be screened from view. The area between the privacy fence or wall and the property line shall be grassed, landscaped or otherwise maintained as a buffer or green belt, and both said grassed or landscaped area and the fence or wall shall be perpetually maintained in a neat and orderly condition by the owner of the parcel which is to be screened from view. Nothing contained in this subsection shall permit the construction of a fence or wall more than four feet in height in the required front setback of a parcel or more than eight feet in height between the required front setback line and the existing front building line, or in any required side or rear

9 setback, unless a fence or wall higher than herein specified is specifically permitted by another provision of this Code. Analysis The proposed master plan indicates that the rear of the subject property is to be improved with a game court, artificial turf, a picnic area, new fencing, landscaping and a buffer. See attached Applicant Request for details of the proposal. The applicant will comply with the stormwater ordinance in that the maximum impervious area of this site is limited to 30%. If 30% is to be exceeded then engineered on-site detention will be required for permit issuance. Background On July 2, 2007, Case 1711 was heard by the planning commission; a request for the installation of playground equipment, concrete walks, a 5-foot high fence and landscape buffer around the playground. The attached planning commission minutes outline concerns expressed at that meeting, namely in regard to drainage and safety of the children. The case was carried over and subsequently withdrawn. Subject Property and Surrounding Land Uses The subject property contains the Chabad of Alabama. To the north, east and south are single family uses; to the west is Overton Park. Affected Regulation Article III, Residence A District; Section , Area and Dimensional Requirements; which permits institutional uses with planning commission approval. Appends LOCATION: 3040 Overton Road ZONING DISTRICT: Res-A OWNER: Chabad of Alabama

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53 Stephen & Diana Jones 3773 Dunbarton Drive Mountain Brook, AL March 5, 2018 Dana O. Hazen Director of Planning, Building & Sustainability City of Mountain Brook RE: Public Hearing, Case. The Chabad of Alabama Ms Hazen: We have reviewed the Description of Proposed Improvements for this undertaking. First we would like to request a detailed map showing location of all adjacent residences on Dunbarton Drive, Dunbarton Circle and Village Lane (The Park) to include property lines and accurate location of the existing creek. Our initial concern is that the area identified as Artificial Turf and Full Kid s Court is so close to residential property lines that to develop it as proposed will certainly have a negative impact on resident s quality of life and property values. Given the geography of the proposed location all adjacent residents look down on the property so it would take a very long time for any planting to mature sufficiently to provide a visual barrier. And this would be a visual barrier only. Not a noise barrier. This is a noisy world. The Chabad Center regularly hosts celebrations with amplified sound. We are highly concerned that were this area developed, these events might be relocated from front of the Center. Is any outdoor lighting a part of this proposal plan? What are hours of operation for the proposed facility improvements? Most existing plants shown on the concept drawing appear to belong to adjacent property owners. Also, if developed, surfacing of the court and artifical turf will create additional storm water runoff into a wet weather creek which is already heavily eroded and under capacity. If this area is developed in any way should not the Chabad Center bear responsibility to stablilize this section of creek in order to mitigate further runoff & erosion? Sincerely, Stephen & Diana Jones

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