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Home My WebLink AboutO-1172ORDINANCE NO.1172 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975, together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below: The appropriate public notice and hearing of, the Planning and Zoning Commission of the City of Fairhope, Alabama, has forwarded a favorable recommendation. The property of Craig Dyas is located at 204 Oswalt Street. Legal Description: (case number ZC 03-04) Lots 17 and 18 of the Oswalt Subdivision, the Town of Fairhope, Baldwin County, Alabama, according to map or plat thereof recorded in the Probate Records of Baldwin County, Alabama, in Map Book 1, at Page 42. The classification of said property is hereby changed from R-2 Medium Density Single -Family Residential District to R-3 TH High Density Single -Family Townhouse Residential District. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 557 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Official of The City of Fairhope and that any such structure be erected only in compliance with such laws, including the requirements of Ordinance No. 557. Severability Clause - If any part, section of subdivision of this ordinance shall be held unconstitutional or in valid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date -This ordinance shall take effect immediately upon its due adoption and publication as required by law. APPROVED BY THE CITY COUNCIL THIS 9th DAY OF June, 2003 C' M. jant, Mayor Attest. eniece K Johnso ity Clerk FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT Text Change to Zoning Ordinance Request for change of Zoning District 13y: s — os S�- �J' (Ap is nt) SINGLE 7\MIL1l) Description and 1Ma1) is attached JJ The Commission has field a public hearing on this matter prior to this final report and wishes to report to the Fairhope City Council as follows: %Ve (Do) (Do Not) recommend the proposed zoning text changes as wise expec`lrient and necessary for the benefit of the City We find that the proposed zoning district change (Is) (Is Not) in conformity with the comprehensive plan and in the best interests of the City as a whole, and (Do) (Do Not) Recommend that the City Council adopt an ordinance implementing the proposed changes as provided by law. Members Present Rev. 9/95 Voting Aye Voting Nay Abstain Respectful submitted: Chairman, "s o� CITY OF FAIRHOPE CITY COUNCIL COVER SHEET 9 June 2003 ZC 03.04 Public Hearing to Consider the Request of Craig Dyas to Rezone Property from R2-Single Family to R3TH-Townhomes (Located at 204 Oswalt, just South of the Methodist Church) Mr. Dyas has made an application to rezone property from R2-Single family to R3TH- Townhouses. The property is located on Oswalt Street diagonally across the street from the Methodist Church's parking lot. The West side of the property is 131-Local Shopping and B4-Business and Professional Office, the south and east side of the property is R2. The property is 132'x132' — 2 Colony lots in size. There has been a single rental house on the property for a number of years. Should the zoning change get approved, Mr. Dyas is proposing to remove the existing home and construct 3 townhomes. The property appears to be recorded as 2 lots of record, which are non -conforming (2 Colony lots 66x132). Mr. Dyas could make an application to request that the Planning and Building Dept. recognize 2 buildable lots. This would go to ZBA for determination. Mr. Dyas is essentially asking for 1 additional dwelling unit on the property (2 Colony lots, 3 townhouses). There will be an impact to the neighborhood regarding traffic. If we presume that the International Transportation Engineers assumption of 13 trips per residential household is correct the increase would be either 13 or 26 trips per day. Oswalt is a local street that serves the residential neighborhood and provides access to the Methodist Church parking lot. STAFF RECOMMENDATION: This is an interesting proposal. The Comprehensive Plan does not directly speak to this zoning issue. However, the Plan does state that downtown should be the focus of the City and continue to be the "heartbeat" of the City. Thus, when there are opportunities to add additional residential units downtown and close to downtown, they should be approved, because then the population base for downtown grows. However, there are some issues regarding compatibility of the zoning request. The property directly abuts existing R2, B4, and B1. The existing R2 will be impacted by an increase of density and change of housing type. However, the adjoining business district will not be affected. Staff has received a couple of calls from notified property owners who where interested in the proposal, but only 1 call comes to mind that was against the proposal. Mr. Dyas has committed to constructing the townhomes with rear loaded garages and using pervious driveway materials. Should the zoning get approved, Mr. Dyas should also be required to handle the stormwater that he creates with the additional structures on the property. Thus, realizing that overall goal and objective of ensuring the long term growth and viability of downtown is important, and that the property is bounded by commercial on 3 sides, and that 1 additional dwelling unit for the property is proposed, the request makes planning sense. Any approval for the zoning change should include that Mr. Dyas is required to handle stormwater runoff in accordance with the drainage requirements in the subdivision regulations. The Planning Commission recommended approval. Respectfully Submitted for Consideration, Christopher DI Baker, AICP Director of PI ping and Building ALL J -------------------- 1 F4IRNOPE I P V ( C`o I C,&CBLK II Zvi , 1N 190 23 I O 0 0 I1 i O IN I.:wnO•[SCnOOl 0I M4. 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