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Home My WebLink AboutO-1358ORDINANCE NO. 1358 AN ORDINANCE AMENDING ORDINANCE NO. 1253 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. 1253), adopted 27 June 2005, 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: After the appropriate public notice and hearing of the Planning and Zoning Commission of the City of Fairhope, Alabama has forwarded an unfavorable recommendation, The property of Herbert & Ruth Pierce located at 19182 Greeno Road, Fairhope, Alabama. TAX PARCEL 05-46-05-21-0-000-021.000 Legal Description: (Case number ZC 08.01) FROM THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 6 SOUTH, RANGE 2 EAST, RUN NORTH 907.4 FEET, EAST 40 FEET FOR POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 3 MINUTES EAST 340 FEET; THENCE NORTH I I I FEET, NORTH 89 DEGREES 3 MINUTES WEST340 FEET; THENCE SOUTH I I I FEET TO A POINT OF BEGINNING. SUBJECT TO A RIGHT-OF-WAY EASEMENT OVER AND ACROSS THE WEST MARGIN THEREOF IN USE AS PART OF U.S. HIGHWAY NUMBER 98, A.K.A. GREENO ROAD. A map of the property to be zoned is attached as Exhibit A The property is hereby rezoned from B-4 Office and Professional District to B-3b Tourist Resort Commercial Service District. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 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 structure be erected only in compliance with such laws, including the requirements of Ordinance No. 1253. Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid 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. ADOPTED THIS 28TIJ DAY OF APRIL, 2008. ATTEST: Geniece W. Johnson, City erk 0 T{AIRTIOPE PLANNING COMNCISSfON FfNAL REPORT OF ZONING A1iFNT Text Changn e to Zoning Ordinace Request for change of Zoning District v' L4 By� I(LL A I , Q;[�' A P M, 'k, �) ;i%A A (Applicant) Descc-iption and Map is attached The Commission has held a public hearing on this matter prior to this final report and wishes to report to the Fair -hope City Council as follows: We (Do) (Do NTot) recommend the proposed zoning text changes as wise, expedient 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 �(D o) Do LTot Recommend that the City Council adopt an ordinance implefnenting the proposed changes as provided by law. Members Present Voting Voting ay Abstain Respectfully submitted: �iairman I Page 3 of 7 @ $3.06 APPIWATION FOR ZONING DISTRICT CHARGE Applicant / Agent Information Notarized letter from property owner is required if an agent is used for representation. Name: ARNOLD & ASSOCIATES Phone Number: 928-8140 Street Address: 753 NICHOLS AVENUE City: FAIRHOPE State: AL Zip: 36532 Property Owner Infotmation If different than above. Naime of Property Owner: HERBERT & RUTH PIERCEphone Number: 928`8868 Address of Property Owner: 9 FOX RUN City: FATRHOPF State: AL Zip: 36532 Current Zoning of Property: B`4 Property Address: 19182 GREENO ROAD, FAIRHOPE, AL, 36532 Proposed Use of the Property: HEALTH FOOD STORE (B-3b ) Property Legal Description: SEE ATTACHMENT Reason for Zoning Change: TO B--3b CURRENT REQUIREMENTS UNDER B-4 ZONI WILL NOT ALLOW A HEALTH FOOD STORE. Property Map Attached YES NO Metes and Bounds Description Attached YES NO Names and Add ss of all Real Property Owners within 300 Feet of Above Described Property Attached. YE NO Character of Improvements to the Property and Ap rwdmate Construction Date: CONSTRUCTEII-BUILDING TO ADEQUATELY HOUSE HEALTH FOOD PRODUCTS. CONSTRUCTION SHOULD START WITHIN..FIVE YEARS. i Zoning Change Fee Calculation See Revised Fee Schedule Filing Fee: $1,000.00 Certified Letters: $24.48 Publication: $25.00 Total: $l, 049.48 Certification: I certify that I a?lt roperty owner, or auth4correc t, and att t that 11 facts are true an0 TES SignatDUNNAM, GEN. MGR. Date: NOVEMBER 26, 2007 11-2:7-n7A08:%5 ;'CVD CITY OF FAIRHOPE CITY COUNCIL COVER SHEET January 17, 2008 08-01 Request of Herbert and Ruth Pierce for a Zoning Change from B-4 (Office and Professional District) to B-3b (Tourist Resort . Commercial Service District). The property is located on the east side of Greeno Road, just north of Twin Beech Road. STAFF INTERPRETATION: The subject property is zoned B-4 (Office and Professional District) and the applicant would like to rezone to 13-3b (Tourist Resort Commercial Service District). There is currently a single-family residence on the property; the applicant would like to use the property for a health food store.. North and east of the subject property there is land utilized.as a cemetery.- South lies single-family residences and there is vacant land in the County to the west. The B-4 zoning district "is intended to provide opportunity for business establishments of a professional nature and is restricted to offices and businesses, which provide specific corporate functions or professional services to the general public" (Article III, Section A. 14). Retail operations such as a health food store are not a permitted in the B-4 zoning district. The proposed zoning (13-3b) "is intended for a range of commercial and resort residential uses as appropriate locations to serve the needs of tourists" (Article III, Section A. 13). Due to the location and abundance of vacant properties along Greeno Road that would allow for the proposed use (health food store), staff is unable to support rezoning the subject property. In addition, staff believes the existing B-4 zoning is appropriate for this location and that there was not an error in the original zoning designation. The property is bordered to the north and east by R-A (Residential J Agriculture District). West is Greeno Road and un-zoned County land, and south is zoned B-4 (Office and Professional District). PLANNING COMMISSION RECOMMENDATION: On January 7, 2008 the Planning Commission unanimously recommended denial of the B-4 to B-3b rezoning request. Respectfully Submitted for Consideration, Jonathan 1. Smith B. Gregg Mims Planner, Planning_ Director City of Fairhope City of Fairhope