Loading...
HomeMy WebLinkAboutO-1433ORDINANCE NO. 1433 AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, is changed and altered as described below; WHEREAS, the City of Fairhope Planning Commission directed the Planning Department to prepare amendments to our Zoning Ordinance; and, WHEREAS, the proposed amendments relate to establishing a Tourism Resort JR) District; and, WHEREAS, after the appropriate public notice and hearing of, the Planning and Zoning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA; 1. THAT, Article V Special Districts, be hereby amended to insert the following: G. TOURISM -RESORT DISTRICT 1. Intent — It is the purpose of this Article in creating a Tourism -Resort District ("TR District") to: • provide for large acreage under unified control to be planned and developed as a whole; • encourage the growth of resort -oriented residential and mixed -use properties around resort properties; • provide places for resort -type amenities coupled with proximately located hotel, residential and commercial uses; • promote a sustainable future, and encourage and develop connections between environmental quality and economic vitality; • provide for a mix of residential types that are designed to form a compact, compatible and stable neighborhood directed toward resort and tourism trade; • support the development of a comprehensive pedestrian network with linkages to and between residential and resort areas; • promote increased privacy by permitting private roadways within the TR District property; • promote the preservation and enhancement of existing natural landscape features and their scenic qualities; • create a zoning classification which allows flexibility and creative development concepts that would not be possible through conventional zoning regulations and allow for certain modifications and exemptions from existing subdivision and other regulations; • provide places for social interaction and recreation; • provide general merchandising convenience destinations for both residents and tourists; and • create development opportunities which encourage multiple use of recreational and other resort -type amenities by hotel guests as well as residents within the TR District. 2. Size Requirements — A TR District must initially contain at least 175 contiguous acres. Ordinance No. 1433 Page — 2 — 3. Location Requirements — At the time any real property is submitted for zoning as part of a TR District zoning classification, the following existing resort amenities must be situated within the real property being subjected to the TR District zoning classification or within two (2) miles of the real property being submitted to the TR District zoning classification: An existing full -service hotel (i.e., a hotel providing hotel room accommodations, on -site dining (with on -site kitchen), conference facilities and swimming pool) containing a minimum of 300 hotel rooms; at least one (1) 18-hole championship golf course with related facilities (driving range and other golf practice areas), a clubhouse (which shall provide food services and contain an on -site kitchen), swimming pool and tennis courts (which uses and facilities may be provided in the form of a private or semi- private club or pursuant to use agreements which require the approval of membership privileges and the payment of a membership fee and monthly dues and charges); and • a marina. The resort property containing the foregoing required resort attributes need not be located within the municipal limits of the City or otherwise subjected to the TR District zoning classification. The owner of the real property upon which such resort facilities described above are situated shall have the right (but not the obligation), in its discretion, to cause any of its property to be annexed into the municipal limits of the City at any time and to cause all or any portion of its property to be zoned as part of the TR District. 4. Residential Density Limitations - The overall gross density for all residential areas within a TR District shall be no greater than 3.5 units per gross acre within all of the acreage comprising the TR District. 5. Open Space Requirements - All TR Districts shall provide at least 20% open space and\or green space, as herein defined. As used herein, open space and/or green space may consist of any real property which is (a) part of a natural area, including tree and other preserves, lakes, beaches, walkways, walking trails, pedestrian ways, walkways, walking paths, creeks and other waterways, including wetland areas and ponds, and water areas which serve as retention, detention or similar holding basins and (b) any real property usable for active or passive recreational purposes, including, without limitation, play grounds, swim and tennis facilities, green or open areas, parks, golf course amenities such as golf course, fairways, greens, bunkers, driving ranges and other practice facilities but shall not include any rights - of -way. 6. Uses and Development Zones — a. Uses Allowed and Development Zones. (1) Uses Allowed -- Uses allowed within the TR District may include any and all of the following: (i) Single-family attached and detached dwellings; (ii) Multi -family residential dwelling units, senior living facilities, low-rise, mid -rise and a limited number of high-rise residential buildings (including condominiums); (iii) Hotels, conference facilities, restaurants, bars, swimming pools, tennis courts, golf courses, club houses, country clubs and related amenities and facilities; Ordinance No. 1433 Page — 3 — (iv) Specific office, retail and limited commercial uses as well as any of the foregoing uses which are combined with residential uses in the same building so long as the residential uses are located on the second and higher floors of such building; and (v) Nature and recreational areas and facilities. (2) Development Zones -- The following described development zones (collectively, the "Development Zones") are permitted within a TR District: (a) Recreation Zone; (b) Low -Rise Residential Zone, (c) Limited Commercial Zone, (d) Mid -Rise Residential Zone, (e) High -Rise Residential Zone and (0 Resort Zone. The Development Zones within a TR District (i) shall be established on the zoning map for such TR District, (ii) may be used only for the uses set forth below applicable to each Development Zone and (iii) shall be subject to the dimensional and other standards and requirements established below for each Development Zone. b. Recreation Zone. The following restrictions and limitations shall apply to all areas designated as a "Recreation Zone" on the zoning map for the TR District: (1) Permitted Uses — Golf courses, golf driving ranges and golf practice facilities; tennis courts and related facilities; lakes, docks, boat launches, fishing and swimming piers and similar structures; pools, spas, swimming areas and related facilities; playgrounds; amphitheaters, performance and other social gathering venues and facilities; clubhouses, bathhouses, changing facilities, clubhouse -related restaurants and lounges, retail pro -shops and rental service facilities; fitness facilities, conference facilities, educational facilities, and maintenance and service facilities for any of the foregoing uses; similar uses and facilities related to the foregoing; natural areas, parks, playgrounds, picnic areas and shelters, trails, boardwalks, paths, walkways and pathways, landscaping, drainage, soil conservation, wetlands, creeks, waterway and other water areas, and conservation areas. (2) Dimensional Standards - (i) Height. Building Height not to exceed 45 feet. (ii) Build -To Lines. 20 foot front; 15 foot rear and 5 foot sides. (iii) Minimum Lot Size. None. (iv) Parkin . One parking space for each 500 square feet of gross heated and cooled floor area of any building. Low -Rise Residential Zone. The following restrictions and limitations shall apply to all areas designated as a "Low -Rise Residential Zone" on the zoning map for the TR District: (1) Permitted Uses — Attached and detached dwelling units (which includes, without limitation, cluster homes, patio homes, duplexes, multi -family units, apartments, condominiums, townhouses, and zero -lot line homes); accessory structures such as attached and detached garages with garage apartments (garage apartments will not count as a separate dwelling unit), swimming pools, tennis courts, tennis and pool equipment and maintenance facilities; congregated attached or detached dwellings requiring specialized services to be provided, including, but not limited to, independent senior housing, assisted senior housing and Alzheimer care facilities and nursing home facilities ("Senior -Oriented Communities"); associated services relating to Senior - Oriented Communities, including, but not limited to, health-care and medical facilities, laundry, dining and food preparation facilities, wellness and recreational facilities, retail Ordinance No. 1433 Page — 4 — and office facilities, storage and maintenance facilities and other uses and facilities commonly found in Senior -Oriented Communities; and any of the Permitted Uses allowed in the Recreation Zone. (2) Dimensional Standards — (i) Height. Building Height not to exceed 35 feet. (ii) Build -To Lines. a. Detached Dwellings: 5-foot front; 5-foot rear and 0-foot sides; provided, that (x) each lot shall have at least one (1) side property line which is at least 12 feet from the dwelling on the adjoining lot and (y) if access to a dwelling is provided via a lane or alley, there is no minimum rear build -to line for any garage constructed at the rear of a dwelling. b. Attached Dwellings: 5-foot front; 5-foot rear and 0-foot sides; provided, that (x) there must be a minimum distance of 12 feet between buildings and (y) if access to a dwelling is provided via a lane or alley, there is no minimum rear build -to line for any garage constructed at the rear of a dwelling. (iii) Minimum Lot Size. 2,100 square feet. (iv) Parkin . All uses other than Senior -Oriented Communities, two (2) spaces per dwelling unit; Senior -Oriented Communities, one (1) space per dwelling unit. d. Mid -Rise Residential Zone. The following restrictions and limitations shall apply to all areas designated as a "Mid -Rise Residential Zone" on the zoning map for the TR District: (1) Permitted Uses — Multi -family units, apartments, condominiums, townhouses; Senior -Oriented Communities; associated services relating to Senior -Oriented Communities, including, but not limited to, health-care and medical facilities, laundry, dining and food preparation facilities, wellness and recreational facilities, retail and office facilities, storage and maintenance facilities and other uses and facilities commonly found in Senior -Oriented Communities; and any of the Permitted Uses allowed in the Low -Rise Residential Zone and the Recreation Zone. (2) Dimensional Standards — (i) Height. Building Height not to exceed 55 feet; provided, however, that (1) if the Building Height of any buildings within the Mid -Rise Residential Zone may exceed 35 feet, then the Application for TR District zoning shall set forth the maximum number of dwelling units which may be developed within the Mid -Rise Residential Zone in buildings which exceed 35 feet in Building Height. (ii) Build -To Lines. 20 foot front; 15 foot rear and 0 foot sides; provided that (x) there must be a minimum distance of 20 feet between buildings and (y) if access to a dwelling is provided via a lane or alley, there is no minimum rear build -to line for any garage constructed at the rear of a dwelling. Ordinance No. 1433 Page — 5 — (iii) Minimum Lot Size. None. (iv) Parkin. All uses other than Senior -Oriented Communities, two (2) spaces per dwelling unit; Senior -Oriented Communities, one (1) space per dwelling unit. e. Limited Commercial Zone. The following restrictions and limitations shall apply to all areas designated as "Limited Commercial Zone" on the zoning map for the TR District: (1) Permitted Uses — Those retail, office and other uses which are set forth as permitted uses in Table 3.1 (Use Table) of the Zoning Ordinance in effect as of January 1, 2010 for all B-1, B-2, B-3a, B-3b and B-4 zoning districts; home occupations and convenience stores with gasoline service; attached single-family residential uses located above retail or office uses; and all Permitted Uses allowed in the Low -Rise Residential Zone and the Recreation Zone. (2) Dimensional Standards — (i) Height. Building Height not to exceed 45 feet. (ii) Build -To Lines. 15 foot front; 10 foot rear and 0 foot sides; provided that there is a minimum distance of 10 feet between buildings. (iii) Minimum Lot Size. None. (iv) Parkin. Two (2) parking spaces for each 1,000 square feet of gross heated and cooled retail and office floor area of any office or retail building; and two (2) parking spaces for each single-family dwelling unit. (3) Maximum Density — No more than 108,000 gross square feet of non-residential floor area shall be allowed within all Limited Commercial Zones of the applicable TR District. f. Hi2h-Rise Residential Zone. The following restrictions and limitations shall apply to all areas designated as "High -Rise Residential Zone" on the zoning map for the TR District: (1) Permitted Uses — A limited number of high-rise multi -story residential attached dwelling units; any of the Permitted Uses allowed in the Mid -Rise Residential Zone, the Low -Rise Residential Zone and the Recreation Zone. (2) Dimensional Standards — (i) Height. Building Height not to exceed 100 feet; provided, however, that (1) not more than two (2) buildings total may be constructed at heights higher than 55 feet and (2) the Application for TR District zoning shall set forth the maximum number of dwelling units which may be developed within the High -Rise Residential Zone in buildings which exceed 55 feet in Building Height. (ii) Build -To Lines. 20 foot front; 15 foot rear and 0 foot sides; provided, that there is a minimum distance of 20 feet between buildings. Ordinance No. 1433 Page — 6 — (iii) Minimum Lot Size. None. (iv) Parkin. Two parking spaces for each dwelling unit. g. Resort Zone. The following restrictions and limitations shall apply to all areas designated as "Resort Zone" on the zoning map for the TR District: (1) Permitted Uses -- Full -service hotels; conference facilities; spas, swimming pools, tennis courts and other outdoor recreational areas and uses; marinas; accessory structures and accessory uses normally found in a hospitality development, including, without limitation, food services, gift and novelty shops, barber and beauty shops provided primarily for the convenience of visitors or patrons of the premises and contained within a principal building, maintenance facilities (including laundry and other maintenance facilities); restaurants, nightclubs, bars, taverns, day spas; and any of the Permitted Uses allowed in the Limited Commercial Zone (subject to the requirements of Paragraph e(3) of Section 6 of this Article), the Mid -Rise Residential Zone, the Low -Rise Residential Zone and the Recreation Zone. (2) Dimensional Standards — (i) He ght. Building Height not to exceed 55 feet. (ii) Build -To Lines. 15 foot front; 10 foot rear and 0 foot sides; provided, that there is a minimum distance of 10 feet between buildings. (iii) Minimum Lot Size. None. (iv) Parking. One (1) parking space for each hotel room. h. Additional Provisions. (1) The term "Building Height" as used herein shall mean the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the main roof structure of the building (but specifically excluding all other projections or articulations from such roof or building). (2) Access to adjoining properties is not required. (3) Build -To Lines are measured from the property lines of a lot and allow buildings and structures to be built up to the Build -To Lines. Build -To Lines only apply to buildings/structures with covered roof. Canopies and awnings and second story porches, decks and balconies may overhang any of the Build -To Lines by up to 24 inches; provided, however, that in no event shall any such items overhang actual lot/property lines. (4) If any uses within a Development Zone will utilize permitted uses from another Development Zone (i.e., if within the Limited Commercial Zone, uses will include single-family uses allowed within the Low -Rise Residential Zone), then the dimensional standards for the other Development Zone (i.e., the Low -Rise Residential Zone) will be applicable to such use. 7. Private Streets and Adjacent Property Connectivity - An applicant may request that all or any portion of the streets and roadways within the TR District property be private streets. Such request shall be set forth in the Application for TR District zoning. Any request for private streets within any portion of a TR District must be approved by the City. No access to and from the TR District property and any adjoining property shall be required. Ordinance No. 1433 Page — 7 — 8. Modification of Subdivision and Other Regulations of City - The TR District zoning classification is intended to encourage the development of land as part of a planned community, encourage flexible and creative development concepts of site planning, preserve the natural amenities on the land by encouraging scenic and functional open space, accomplish a more desirable environment than would be possible through the strict application of zoning and subdivision regulations, and provide a stable environmental character compatible with surround areas. Accordingly, the Application may propose provisions which alter, amend or otherwise exempt the TR District property or portions thereof from certain provisions of the City's Subdivision Regulations and other regulations. 9. Application Requirements for TR District Zoning —In lieu of any other provisions of the Zoning Ordinance, in order to request the zoning of property to a TR District classification, an applicant shall submit an application (the "Application") for TR District zoning to the City, which Application shall include the following: a. Legal Description. A legal description of the property for which TR District zoning is requested. b. Zoning Map. A zoning map which shall reflect the general areas of proposed development by Development Zone (established pursuant to Section 6(b) above). Proposed or existing major roads, if known, within the subject property shall be reflected on the zoning map as well as any major arterial roads lying adjacent to the property. The zoning map need not reflect individual lots or blocks or streets to be developed within the Development Zones of the TR District property. c. Maximum Residential Density. The maximum number of residential dwelling units (density) allowed within the proposed TR District. d. Maximum Density Allowed in Limited Commercial Zone. The maximum gross square footage of non-residential floor area allowed within the Limited Commercial Zones of the proposed TR District. e. Open Space or Green Space Requirements. The open space or green space requirements which shall apply to the entire TR District Property as a whole (expressed as a percentage of the total acreage within the proposed TR District property). Quantitative Data ReLyarding Size of Each Development Zone. Quantitative data indicating the approximate acreage within each Development Zone within the proposed TR District property. g. Private Streets. If private streets will be utilized, a general description of which streets will be private and whether any gates or other limited access devices will be utilized for such private streets. The Application should also specify who will be responsible for maintaining all private roads or streets within the proposed TR District property. If private streets will be utilized, access easements over such private streets will be granted for public emergency vehicles (i.e., police, fire and ambulance), utility vehicles (for maintenance and repair and meter reading, etc.), garbage collection vehicles and all other governmental vehicles and employees in connection with the performance of their required governmental services. h. General Description of Restrictive Covenants. A general description of any proposed restrictive covenants to be placed upon the TR District property. Permitted Uses and Dimensional Standards for Development Zones. Any permitted uses and dimensional standards for any Development Zone which are different from those set forth herein. Ordinance No. 1433 Page — 8 — Request for Exemptions. Any requests for an exemption from the provisions and requirements of the City's Subdivision Regulations or any other ordinances or regulations of the City. k. Storm Water Management Plan. A storm water management plan for all of the property within such TR District, which storm water management plan shall be implemented by the applicant in the manner and in accordance with the requirements set forth in said storm water management plan. The storm water management plan shall comply in all respects with the City's storm water management regulations as set forth in the City's Zoning Ordinance and Subdivision Regulations, subject to any exemptions or modifications thereto set forth in the City -approved Application or the storm water management plan attached to said Application. In addition, such storm water management plan must satisfy all state and federal regulations and requirements. 1. Traffic Study. A traffic study for the property within the TR District, which traffic study and the recommendations and requirements set forth therein shall be implemented by the applicant in the manner and in accordance with the time table set forth in said traffic study. in. Miscellaneous Matters, The Application shall contain such other terms and provisions as agreed to by the developer and the City. n. Review and Approval of Application. Following submission of the Application to the City, the Application shall be subject to review and approval by the City in accordance with the terms and provisions of Section C(1) of Article II of the Zoning Ordinance. To the extent set forth as an exemption or exception in the Application approved by the City, the provisions of the Application shall supersede anything to the contrary set forth in the City's Zoning Ordinance, Subdivision Regulations and any other ordinances or regulations of the City. 10. Additions to TR District — Additional properties may be added to any TR District at any time and from time to time by filing an amendment to the original Application. Such amendment shall specify the Development Zones within the additional property being added to the TR District. The addition of additional property to a TR District must be approved in the manner set forth in Article II of the Zoning Ordinance. To the extent any additional properties are added to any TR District, the City may require different development criteria including, without limitation, the requirement that roads and streets be public, from those set forth in the original Application for the TR District previously approved by the City. 11. Amendments — Changes or amendments to any Application for TR District zoning shall be processed in the same manner as the original request; however, the following changes to an Application may be made with the approval of the Director of Planning and Building for the City or any other individual employee of the City designated by the City's Planning and Building Director to act on his or her behalf: (a) any Development Zone may be shifted, enlarged or reduced by not more than 200 feet in any direction and (b) slight changes may be made in the detail of the Application for TR District zoning that do not change the intent, meaning, dimensional standards and other major aspects of the Application for TR District zoning may be approved by the Director of Planning and Building. 12. Other Regulations Not Applicable - It is the intent that the Application for TR District zoning set forth development criteria applicable to the property and that flexibility be allowed in the construction of improvements thereon. Accordingly, except as set forth in the Application and in this TR District zoning classification, no other provisions of the Zoning Ordinance shall be applicable to the property which is zoned as a TR District. c W a�i Q y0 ci w W 0 Q o z .� W 0 1=— Ordinance No. 1433 Page — 9 — 13. Building Permits - The developer of the TR District shall proceed with the development of the property in accordance with the Application and no further approvals shall be required except as set forth herein. Upon application for a building permit for the construction of improvements on any parcel within the TR District, if the City's Planning and Building Director or any other individual employee of the City designated by the City's Planning and Building Director to act on his or her behalf shall determine that the intended use of the improvements is a "Permitted Use" (as defined in this TR District zoning classification) and satisfies the dimensional standards within the applicable Development Zone of such TR District as set forth in the approved Application for such TR District, then a building permit shall be issued for such improvements. 14. Changes to Ordinance — Following the City's approval of an Application for TR District zoning, no subsequently adopted amendments to or modifications of the Zoning Ordinance (including subsequent modifications to this TR District zoning classification), no amendments to or modifications of the City's Subdivision Regulations and no other ordinances adopted by the City which alter, change, modify or amend any of the matters set forth in this Ordinance or which are set forth in the approved Application for TR District zoning shall be effective with respect to the real property described in such approved Application for TR District zoning. 15. Utilities — All utility lines within a TR District shall be located underground. 16. Signage — All signage within the TR District shall comply with the City's signage regulations set forth in the Zoning Ordinance in effect as of January 1, 2010. 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 and approved this 23rd day of August, 2010 ATTEST: L4Anks, City Clerk b signed iZ ��