308  MINUTE BOOK93  MIINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN BROOK  MAY21,2024  The City Council oft the City of Mountain Brook, Alabama met inj person at 5:00 p.m. on the 21st day ofMay, 2024. Council President Virginia Smith called the meeting to order, and the roll was called with the  following results:  Present: Virginia C. Smith, Council President  William S. Pritchard III, Council President Pro Tempore  Lloyd C. Shelton Gerald. A. Garner Graham L. Smith Stewart Welch III, Mayor  Absent: None  Also present were City Attorney Whit Colvin, City Manager Sam Gaston, and Acting City Clerk The Council President Virginia Smith stated that a quorum was present and that the meeting was open PUBLIC HEARING TO CONSIDER AN ORDINANCE REZONING A PARCEL OFI LAND INTHE CITY OF MOUNTAIN BROOK FROM LOCAL BUSINESS TO: PLANNED UNIT Council President Smith announced that the City Council does not intend to call for a vote on the proposed ordinance ati this meeting, there are: still unanswered questions posed by elected officials concerning  Steven Boone.  fort thet transaction ofbusiness  1.  DEVELOPMENT (PUD)  the proposed development. She then invited comments from the applicant.  Al Worthington of251 South Oak Drive. 35242 with Dominion Partners: Ithas been six months since the last public hearing before the City Council  Since the last meeting, the development team has been working to address questions and concerns Building materials have been changed, more trees along Cahaba Road have been preserved, the building footprint is reduced and positioned further away from Cahaba Road  raised about thej proposed development Introduced thei next speakers  Nathan Rosemann with Rosemann & Associates (Atlanta, GA) and Louis Nequette with Nequette The existing roadway leading into the property shall largely remain in tact The building is five stories stepping down to: four stories as it nears Cahaba Road Therei is a 77 foot setback from Cahaba Road and a 107 foot setback along the rear oft the property There willl be two main entries, one: fori thei independent and another for the assisted living areas  Architecture and Design (Birmingham, AL):  J:Minutes & AsmdaCama2AASA Special Meeting Minutes (Senior Living PUD).docx  May2 21,2024    MINUTE BOOK94  309  Pointed out changes int thes scale and positioning oft the buildingi ini relation to the proposed presented at the last hearing. Thel height has been reduced to four stories. The unit count is unchanged at 166 units. Thel building scale has been reduced by reducing the There are 1161 parking spaces in the garage with two entrances/exits on either end of thel building The building was originally planned to be five stories over one level of parking. Iti is now four More oft thet taller existing trees will be saved toj provide screening from the Cahaba Road viewpoint and shorter understory plantings will bei installed top provide additional screening. Presented various illustrations of the building from surrounding vantage points around the The building footprint is 85 feet from the Cahaba Road pavement (formerly 671 feet) The construction limits have been reduced to 201 feet from the building footprint to better protect  size oft the residential units and common areas. and 170 parking spaces overall stories over one level of parking.  The length oft the building has been reduced by over 50: feet  property the existing trees  The landscape plans were reviewed  Billy Hand of 141 Stonegate Drive 35242 (Dominion Partners) The site is 4.92 acres of which 1.62 acres is currently impervious Post-development, thei impervious area will be 2.27 acres (about a 13%i increase) Thei impervious area will be less than 46% oft the total site  The City's storm water design regulations require that post-development run-off must bei noi more There are three areas where the run-offi impacts the City'si infrastructure. The design includes an The developeri is required to design as system to accommodate a 2,5,10,25, 50 and 100-year storm event. For events 51 through 100-years, they are decreasing runoff compared to current  than pre-development runoff  underground detention system beneath the garage.  conditions by more than 10%.  75% of the runoffi is from the designed closed system The design is matching runoff conditions at Culver and Cahaba  Runoff from the increased impervious areai is being stored in 2,600 cubic feet of underground The stored water will be treated by ani isolation row that allows sediment to drop from the water At final design, the storm water flow rate and volume will have tol be tested and certified to be The detention system is constructed from 36i inch diameter pipes that are five feet deep and Construction traffic will also take place at the rear emergency access where it willl be temporarily First responder/emergeny access will be located at the rear ofthel building Proper fire vehicle turning is provided in the front and rear along with a dedicated fire lane  detention prior to discharge  less than or equal toj pre-development conditions discharges through eight inchj pipes thus slowing the discharge Construction worker parking will be located in Office Park  improved  J:Minutes & AEmaarCamadDA40ACSN Special Meeting Minutes (Senior Living PUD).docx  May 21, 2024    310  MINUTE BOOK93  Comparing other similar facilities in the Birmingham area, anticipate about 18 emergency calls Estimate that 80 oft thei residents will be Mountain Brook: residents, do not view these as new Ifan emergency (911)calli is placed, their wellness checks could cancel said emergency call ifthe  monthly (216+/- annually)  emergency calls but rather relocated calls situation is determined tol be non-emergent [30:49] Scott Skipper of3644 Vann Road 35235 with Skipper Consulting: The last study was compared to the national averages for similar facilities The roads were determined to more than adequately accommodate the proposed development Current levels ofs services are "A" and "B" and will remain such post-development Since the last meeting, the consultants performed traffic counts at Danberry and Somerby to provide al local benchmark as opposed to the national averages. These counts were comparable to Questions were: raised about the mid-day peak traffic counts. Therefore, mid-day counts were performed and it was determined that the morning and evening counts were 17-20% higher than the mid-day counts. So, the morning and evening counts do provide the "worse-case" scenarios. Mayor Welch inquired whether all of the aforementioned amenities were being retained in light oft the Mayor Welch inquired whether the understory vegetation would remain low-growth or not. Jarod Calhoun with Nequette Architecture and Design of 2227 Second Avenue North: The whole purpose oft the lower canopy vegetation is to remain at thej pedestrian level to Inr response to a question by Council member Shelton, Mr. Worthington replied that residents will be Ini response to another question by Council member Shelton concerning the "A" and "B" intersection grades mentioned earlier, Scott Skipper replied that such grades typically refer to wait times. For example, an' "A" grade represents about 10-15 seconds or less at the mainline Cahabal Road) through an intersection (Culver). 25 seconds is generally the cutoff for a grade of"B",35 seconds for "C", Ini response to an inquiry from Council member Pritchard, Skipper replied that the traffic counts are those of the accesses through the intersection including the lower portion oft thel LAHI building. Inr response to an inquiry from Council member Graham Smith regarding price points, Mr. Worthington replied that thei rate for as second resident in a unit is typically $2,000 to $5,000 per month (to cover the cost of meals and other ancillary amenities). This will be the most costly for residents but only because it will cost the most to construct even considering the scaled-down size.. An average rate for couples is estimated to be $10,000 per month (rents pers square foot statistics are not used in the pricing model). The rents are expected to remain intact in spite ofthe reduced room area.  the national averages.  project downsizing to which Mr. Worthington replied yes.  maximize thes screening effect offered one parking space per unit.  and 55 seconds for "D". [Times are approximate).  J:Minutes & AgendasiCouncilz02420240521 Special Meeting! Minutes (Seniorl Living PUD).docx  May 21,2024    MINUTE BOOKS 94  311  Council President Smith then opened the floor toj public comments and questions [43:31).  Amanda Loper of 3789 Montrose Drive:  Is an architect and has done similar work for Mr. Nequette  Supports the development as she feels it satisfies ai need for more senior housing in the City By providing fora a community for the elderly residents of the City, single-family homes may be made available for younger: families thereby allowing others to enjoy the benefits oft the School Ann Sanders of 4616 Pinel Mountain Road (owner of! [continuous) Mountain Brook Plaza) [45:13):  System  Voiced hers support for the project  Feels this development will be beneficially for her commercial property Feels the City will benefit from having as senior living facility  Charlie Perry of2501 Canterbury Road [46:26]:  Ifapproved, this development will change regulations that have been inj place al long time Read recently that the average. home price in the City was $1.9 million totaling $121 billion worth Presented aj photo of [2p.m.] bumper-to-bumper traffic along Montevallo Road on at typical day. Based on personal experience, some residents may have private sitters coming to the facility. Questions the validity oft the traffic counts considering residents, sitters, employees, visitors and Suggested a different ingress/egress to U.S. Highway 280 to minimize the impact oftraffic along The City Council should be basing its decision on' "the best interests" oft the community at large. Showed a short video clip ofthe Watkins Creek flooding and questioned whether flooding would Showed aj photo ofl him wading through his flooded backyard. Hel has lived in his home for 38 years andi itl has never flooded but flooding has gotten worse since the Evans redevelopment.  ofreal estate  People live here for thei neighborhoods  Believes this development will only worsen the traffic ini the area.  deliveries. Cahaba Road be adversely affected  Victor Hansen of2328 Chester Road: Fire Chief Chris Mullins: tos senior living communities  Asked where ambulances will access the building  His research shows that nationwide emergency medical service calls are increasing up to 30% due Locally, there appears to be 1.31 to 1.5 calls per resident per year for similar facilities Using those statistics, we can expect 2181 to 250 calls annually Wants tol know what Dominion' s policy is for resident "lift assists" and whether or not they are relying on local fire departments to assist with non-emergent lift assist calls Getting back to the question at hand, emergency access willl be at the rear oft the building with covered parking. The developer has been most accommodating to the department's suggestions  with respect to emergency medical access.  J:Minutes & Agendas/Council202420240521 Special! Meeting! Minutes (Seniorl Living PUD).docx  May2 21,2024    312  MINUTE BOOK! 93  Clarified that the fire department will be coming to the scene with lights and sirens for all 911 calls. This protocol is independent ofa any senior living facility policies or desires. Council member Garner inquired about security measures for residents that get off grounds.  Al Worthington:  Residents may be tracked by their fobs with a GPS tracker Does not recall: such an occurrence with other facilities Dominion does not have a" "no lift policy" They dids sell 18 facilities since 2018  Staff does analyze each situation. Ifthey cannot determine whether lifting is safe, they will call Dominion has used two different operating companies and neither have such aj policy Does not recall in eighteen ever hearing a siren at any other retirement facilities Most senior housing communities do not offer 24-hour nursing care Dominion does have 24-hour nursing staff on site at the assisted living wing Believes the number of emergency calls is correlated to the type and quality of the operator. Inr response to Council member Shelton's question, affirmed that once sold, the buyer generally  911.  Views Dominion's facilities as best in class.  maintains the amenities and often retains the prior operator  Council President! Pro Tempore Pritchard  Asked whether the rental agreements will carry forward for future sales to which Mr. Worthington stated he could not say but feels confident that the buyer will maintain the level ofs service Alabama is one of the most difficult states in terms ofs senior housing operations The State's 'si nursing home lobby defines the rules operators must follow For example, ai resident in Georgia may be 101 times worse than an Alabama resident but in Georgia they may remain in the senior living facility whereas in. Alabama the resident would be The [Alabama lobby's] goal is to get the senior community residents into the nursing home Ben Watson with Live Oak Engineering 2509 7th Avenue South regarding the flooding concerns Rainwater will be stored underground and discharged at a slower rate than without the Watkins Branch willl have less runoff from this property at any instantaneous moment This willl be a passive system consisting of about 8001 feet of36i inchj pipe For every 10CFS of water coming into the system, 6 CFS are being stored every second and In response to an inquiry by Council member Graham Smith, Watkins replied that there is about one square mile of drainage flowing into Watkins Branch below the development. Ati its peak,  AI Worthington:  required to move to as skilled nursing facility This facility has no nursing component  Ifar resident falls twice in a 30-day period, they must be monitored  raised earlier:  underground detention  discharged at the rate of4CFS every second  JMinutes & AgendasiCouncilz02420240521 Special Meeting Minutes (Senior Living PUD).docx  May 21,2024    MINUTE BOOK 94  313  there is about 988 cubic feet of water flowing through the creek every second. Inal 100-year event completely un-detained, the: site drains about 22 cubic feet per second. They proposed system willl lower the runoffto 18 cubic feet per second. There is no appreciable benefit to designing a system beyond al 100-year event. The proposed design exceeds the requirements of Watson has worked with Schoel Engineering, has done 40-50 residential detention systems in Mountain Brook and will stamp his design asserting no adverse impact from the development  the City Code.  which will be reviewed and stamped by Schoel to certify to its accuracy  Charlie Perry:  Wel had the same discussion with the Evans development which included a detention pond on the Questions whether the City's regulations are strict enough or whether mistakes occurred So much development has occurred overt thej past year causing tremendous pressures Iti is difficult tol live in the Village where we anticipate the roundabouts are experiencing inconvenience from the sewer upgrades combined with all of the other recent developments Wei need to stop and get over what has already transpired and scheduled  Shades Valley property  Flooding is worse today than pre-development  Pam Baugh of2605 Canterbury Road:  Urged the Council to look at the overall picture  Fred Rennecker of5211 Lane Park Court Hopes to enjoy this project  Helen Catherine Smith of 2926 Canterbury Road Thinks this is aj project that the City needs Where will employees access the property and park?  How do: youl know you are not damaging tree roots that will eventually kill them?  Nathan Rosemann:  Eachi tree has a diameter of breast height (DBH). The DBH determines how large ofac diameter A 10 inchi tree willl have a 121 foot critical root zone. Within that area there shall bei not materials Trees will be assessed for health, pruned, ifnecessary, prior to construction and irrigated. There are 116 spaces underground of which 102 are reserved for residents with some excess [resident] capacity anticipated, visitor parking is available at the: front entrance. Employees are  must be undisturbed around each tree to ensure not damage to the roots  stored and no surfaçe disturbance  The maximum number ofe employees on site at any time is 45 generally expected to park ini the rear oft thel building. Thej parking lights willl be screened Lynn Russell of 50. Fairway Drive:  J:Minutes & EmdisCamaip1a00831 Special Mecting Minutes (Senior Living PUD).docx  May 21,2024    314  MIINUTE BOOK93  With 102 independent living residents, 30 memory care and 32 assisted living understands there could be up to 102 senior motorists. Questions the safety ofs such seniors entering Cahaba Road  considering the traffic.  Would prefer to see the residents access from U. S. Highway 280  Ann Thomas of3700 Country Club Drive: Asked about employee shifts and traffic impact  Withers Poellnitz with Dominion Partners of 15 West Montcrest Drive:  The facility is staffed 24-7 work 8a a.m. to 51 p.m.  Shift workers generally arrive between 6-7 a.m., 2 p.m. and 10j p.m. 12-15 office staff generally Employees generally eat on site with deeply discounted meal eaten in the employee break room Based on personal experience, parking has been an issue. Asked the City to inquire about private Believes the Ladd's are: not allowing traffic to: flow through its development because they may be [The Ladd's have not approached the City for any development proposal in over 20: years.]  Thej peak of4 45 employees occurs ati mid-day  Victor Hanson:  sitters which increase the demand for parking. considering ai future development that dwarfs this proposal.  Ladd Tucker of6 Office Park, Suite 111: Believes this proposal is the least invasive Believes senior living is much needed  Lives and works in close proximity tot thej proposed development  The buildingi is currently 65% occupied and has not beeni increased in anticipation oft this Ifthe occupancy oft the existing building were increased, traffic would be worse than the proposed The current building occupant has about 50 employees and probably 100 patients per day. Believes the proposed development represents ai much less intensive use than today We have considered razing Office Park and redeveloping but the site work is prohibitively 12 Office Park Circle was recently redeveloped made possible by using historical tax credits. Itis Therei is no plan to redevelop thej property other than 8 Office Park Circle where the City leased Long ago a grocery store was considered for the subject site which would be way more intensive The family is vested ini the community and wants this] property to be developed in the right way. Council member Pritchard pointed out that thel Ladd's would not need the approval of the City  development development  expensive.  expected that other buildings willl ber redeveloped in a similar manner.  about 10-12 years ago. than the current proposal"  Council to builda a grocery store on1 the site.  J:Minutes & Agendas/Counciiz0240521 Special Meeting Minutes (Senior Living PUD).docx  May 21,2024    MINUTE: BOOK94  315  There being no further questions, comments or discussion, Council President Smith closed thej public hearing and announced that consideration of thej proposed ordinance shall be continued to al later date thet time and place tol be announced in accordance with Alabama law. She then adjourned the meeting of the City  Council. 2.  CERTIFICATION  I, Steven Boone, Acting City Clerk of the City of Mountain Brook, Alabama, certify the above isa true and correct transcript oft the special meeting oft the City Council oft the City ofMountain Brook, Alabama held at City Hall (Room A-108) on May 21, 2024, and that the meeting was duly called and held in all respects in accordance with the laws ofthe State of Alabama and bylaws of the City and that a quorum was present.  Acting City Clerk  Approved by City Council June 10, 2024  J:Minutes & AEmdNcoma10A00a3A Special Meeting! Minutes (Senior Living PUD).docx  May 21,2024