HomeMy WebLinkAboutO-1500ORDINANCE NO. 1500
AN ORDINANCE AMENDING ORDINANCE NO. 1253
KNOWN AS THE ZONING ORDINANCE TO AMEND
ORDINANCE NO. 1326: A PLANNED UNIT DEVELOPMENT
KNOWN AS GREENO-GAYFER MEDICAL PARK
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA as follows:
The City of Fairhope has approved a request to zone property to a PUD — Planned Unit
Development to be known as Greeno-Gayfer Medical Park on the 12th of February
2007.
Bone Set Too, LLC made the application to amend said ordinance, and
After the appropriate public notice and hearing of the Planning Commission of the City
of Fairhope, Alabama has forwarded a favorable recommendation, to the City Council
for amendment of Zoning Ordinance No. 1253 as set forth herein;
The property of Bone Set Too, LLC, generally located on the southwest corner of the
intersection of Greeno Road and Gayfer Avenue, Fairhope, Alabama.
Greeno-Gayfer Medical Park
TAX PARCELS: 05-46-04-17-1-000-001.000
05-46-04-17-1-000-001.001
05-46-04-17-1-000-001.002
05-46-04-17-1-000-001.003
05-46-04-17-1-000-001.004
05-46-04-17-1-000-001.005
05-46-04-17-1-000-001.006
Legal Description: (Case number ZC 13.02)
COMMENCE AT THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 6 SOUTH,
RANGE 2 EAST, ST. STEPHEN'S MERIDIAN, AND RUN THENCE SOUTHWARDLY 53.4
FEET AND WESTWARDLY 79.5 FEET TO A CONCRETE RIGHT-OF-WAY MONUMENT
AT R-O-W STATION 158+61 ON THE WEST MARGIN OF US HIGHWAY NUMBER 98
(A/K/A/ GREENO ROAD) FOR A POINT OF BEGINNING: THENCE RUN SOUTH 00
DEGREES 06 MINUTES 06 SECONDS WEST, 273.44 FEET TO AN IRON PIN MARKER
ON THE NORTH MARGIN OF LANDS HERETOFORE CONVEYED TO BARNHILL;
THENCE RUN NORTH 89 DEGREES 53 MINUTES 23 SECONDS WEST, ALONG
BARNHILL'S NORTH LINE, 582.83 FEET TO AN IRON PIN MARKER ON THE WEST
MARGIN OF WESLEY STREET; THENCE RUN NORTH 00 DEGREES 38 MINUTES 42
SECONDS EAST, 299.22 FEET TO A PIN ON THE SOUTH MARGIN OF GAYFER
STREET AS THE SAME IS CURRENTLY MARKED; THENCE RUN SOUTH 89 DEGREES
44 MINUTES 37 SECONDS EAST, 554.87 FEET TO A CONCRETE RIGHT-OF-WAY
MONUMENT AT R-O-W STA. # 18+95; THENCE RUN SOUTH 45 DEGREES 47 MINUTES
EAST, 34.99 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 3.98 ACRES,
MORE OR LESS, AND LIES IN THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 17, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN
COUNTY, ALABAMA.
Ordinance No. 1500
Page —2-
1. That, the following amendment has been made to the PUD:
Uses: Medical facilities (Orthopedic/Sports Medicine Clinic and Rehabilitation,
OB/GYN Office, Women's Center, Physician Office/Clinic and Ancillary
Facilities); and no more than 25% of the first building shall be used for
governmental and/or professional office.
The Planned Unit Development (PUD), for Greeno-Gayfer Medical Park is hereby
amended (Ordinance No. 1326). 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 sough 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 approve 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 of 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 12th day of August, 2013
Attest:
Oisa . Hanks, ZMC
City Clerk
4
CITY OF FAIRHOPE
CITY COUNCIL COVER SHEET
June 5, 2013
ZC 13-02 Public hearing to consider the request of Bone Set Too, LLC for an
amendment to the Greeno Gayfer Medical Park PUD (Planned Unit
Development). The property is located on the southwest corner of
the intersection of Gayfer Avenue and Greeno Road, at 341 N.
Greeno Road.
STAFF INTERPRETATION: The subject property is located in the City of
Fairhope and zoned PUD (Planned Unit Development). The property, referred to
as the Greeno-Gayfer Medical Park consists of 3.97 acres and was rezoned from
R-1 to PUD by the City Council on February 12, 2007. City of Fairhope
Ordinance No. 1326 specifies the PUD requirements approved by Council. The
PUD zoning currently restricts the property use to Medical facilities
(Orthopedic/Sports Medicine Clinic and Rehabilitation, OB/GYN Office, Women's
Center, Physician Office/Clinic and Ancillary Facilities).
The applicant has submitted the attached narrative. The applicant contends that
this change in use is in compliance with the City's Comprehensive Plan and will
not affect the character of the area; as all of the improvements would be for
interior space, with no changes to the exterior. Per discussion with the applicant,
any signage for new tenants will be placed on the existing monument sign. The
applicant has indicated that any new tenant will have less than 18 employees on
site daily. The applicant requests to change the PUD from strictly medical, to
professional offices, including both government and professional offices.
The narrative originally submitted by the applicant during the proposed re -zoning
process in 2006 indicated the intent for the PUD was to create a medical lifestyle
campus that not only promotes enhanced healthcare to the area, but becomes
synonymous with the Fairhope Community as a component of its inferred
infrastructure.
In order to maintain the spirit of the initial PUD approval, staff recommended that
at least 50% of the gross floor area of the buildings within the PUD should be
used for medical facilities. Adjacent property owners expressed a desire to
predominately maintain the medical use at this location; the Planning
Commission supported allowing 25% government and professional offices in only
the existing building.
The land use change will not negatively impact parking on the site.
k
PLANNING COMMISSION RECOMMENDATION:
To approve contingent upon the following condition:
1) Only 25% of the existing building may be used for professional and
governmental office use, the remainder of the PUD and all structures within
the PUD shall maintain the allowable use (medical) authorized by the initial
PUD approval.
Respectfully Submitted for Consideration,
Nancy Milford
Planner
City of Fairhope
Jonathan I. Smith
Planning Director
City of Fairhope
June 3, 2013
Planning, Col inutes
The Planning Commission met Monday, June 3`d, 2013 at 5:00 PM at the City Municipal
Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; George Roberds, Vice -Chair; Tim Kant; Jennifer
Fidler; Dick Charles; Councilman Rich Mueller; Jonathan Smith, Planning Director;
Nancy Milford, Planner; and Emily Boyett, Secretary.
Absent: Bob Clark and Bernie Fogarty
Chairman Lee Turner called the meeting to order at 5:03 PM and announced the meeting
is being recorded. The minutes of the May 6, 2013 meeting were considered and Dick
Charles moved to accept the minutes with one correction and was 2" d by Tim Kant.
Motion carried with one abstention by George Roberds.
Mr. Turner announced that Item E is going to be heard first tonight due to a conflict with
a Boy Scout function.
SD 13.07 Public hearing to consider the request of Preble-Rish, LLC for
Preliminary and Final Plat approval of M.G. Neslon Estate Subdivision, a 3-lot
minor division, Steve Pumphrey. Nancy Milford gave the staff report saying the
property is located on the northeast corner of the intersection of US Hwy. 98 and County
Road 34. The total site acreage is approximately 31.32 acres and three lots are proposed.
Staff recommendation is to approve contingent upon the following condition:
1. Revision of the note regarding the easements to provide further clarification.
Steve Pumphrey addressed the Commission and stated the subdivision is needed to carve
off the large parcel for farming. Mr. Turner opened the public hearing and having no one
present to speak, he closed the public hearing. Tim Kant moved to accept the staff
recommendation to approve contingent upon the following condition:
1. Revision of the note regarding the easements to provide further clarification.
Dick Charles 2"d the motion and the motion carried unanimously.
LID (Low Impact Development) Progress Report, Cindy Roton of Thompson
Engineering. Jonathan Smith explained this is a process that must be done as part of the
approval for the Low Impact Development grant that the City received from ADCR. He
introduced Cindy Roton, Steve O'Hearn, and Jim Griggs of Thompson Engineering and
stated they will be giving an update on the Low Impact Development project the City has
underway. Cindy Roton addressed the Commission and gave a powerpoint presentation
regarding their preliminary review, findings, and recommendations. Mrs. Fidler asked if
a list of incentives and examples of LID designs can be incorporated in to the final plan
and Mrs. Roton responded yes that will also be part of the education process. Mr.
Charles explained the public needs to informed and shown that these measures are
needed. Mr. Turner asked if this will apply to the extra -territorial jurisdiction and Mrs.
Roton answered yes. Mr. Smith stated the City is already heading in the right direction
by requiring 25% of all parking be pervious and the buffer requirements. He said the
City is just getting started and this is only the first of several updates and presentation the
Commission will have.
ZC 13.02 Public hearing to consider the request of Bone Set II for a PUD
Amendment to the Greeno-Gayfer Medical Park PUD, .Joey Carter, MD. Jonathan
June 3, 2013
Planning Com inutO
Smith gave the staff report saying the subject property is located in the City of Fairhope
and zoned PUD. The property, referred to as the Greeno-Gayfer Medical Park consists of
3.97 acres and was rezoned form R-1 to PUD in 2007. The PUD zoning currently
restricts the property use to medical facilities (orthopedic/sports medicine clinic and
rehabilitation, OB/GYN office, women's center, physician office/clinic and ancillary
facilities). The applicant is requesting to change the PUD from strictly medical, to
professional offices, including both government and professional offices. The applicant
contends that this change in use is in compliance with the City's Comprehensive Plan and
will not affect the character of the area; as all of the improvements would be for interior
space, with no changes to the exterior. Any signage for new tenants will be placed on the
existing monument sign and will have less than 18 employees on site daily. The land use
change will not negatively impact parking on the site. Staff recommendation is to
approve contingent upon the following condition:
1. At least 50% of the gross floor are of the buildings within the PUD shall be
used for medical facilities.
.Joey Carter, MD of Bone Set II addressed the Commission saying they have a possible
tenant of the US Fish & Wildlife Service. He stated the request is only for the 2id floor of
the existing building on site. He explained the proposed tenant will have approximately
15 employees and will only be a daytime use. Dr. Carter said the proposed use will likely
cause less impact to the flow than a medical facility. Mr. Turner opened the public
hearing.
Larry Stejskal — 60 N. Ingleside Street — He stated he was before the Commission 5 years
ago asking them not to approve the original PUD but is was and now he wants to make
sure the second tier, residential property is protected. He said the neighboring property
owners want the City to require a 30' green buffer and a pedestrian barrier along the
western property line of the subject property to keep people out of their yards. He asked
the Commission not to approve the amendment but if so, require the buffer and barrier.
Debra Green — 415 Maple Street — She said that everybody tried to tell the doctors not to
buy this piece of property and now they are trying to rezone to fill their empty space. She
stated that with the medical uses already allowed there could be a meth clinic and now
with governmental uses there could be a parole office. She explained that for years the
property owners along Greeno Road have been trying to get something done with no
avail. She said she has heard several rumors regarding this property and the City should
wait until the Greeno Road Corridor is figured out. Mrs. Green read the following quote
from the November 2006 Planning Commission minutes "Bob Clark spoke saying that he
had really struggled with this and when he had asked for advice from the Mayor on issues
he never told him how to vote but said weigh all the issues, what is best for the area and
community; that the medical community is clean industry and a big employer and vote
your conscious; he feels that this area is going to be commercial and this is the best use
for it."
Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Charles
asked if the Fish & Wildlife Service could have helped if they had been here during the
oil spill and said that is something to consider. Mrs. Green said the Fish & Wildlife
Service have an office at 5 Rivers on the causeway. Mrs. Fidler said she remembered the
buffer being a requirement and if it is there. Mr. Smith responded the buffer and fence is
a condition of the PUD and it will be required upon the construction of the second
building on the property. He stated the amendment will not allow B-2 General Business
uses but the applicant is requesting approval for some B-4 Business & Professional uses
2
June 3, 2013
Planning Co linutes
and not even all of the allowable B-4 uses. Mr. Smith explained the Greeno Road
Corridor will be a major topic of the forthcoming Comprehensive Plan updates and there
will be plenty of public input and involvement. Mr. Roberds asked for explanation of
why the applicant is requesting 50% and he asked how much space the potential tenant
will need. Mr. Smith explained the applicant did not request a percentage but staff
recommended 50% to maintain the spirit of the initial PUD approval. Mr. Roberds
suggested lowering the percentage for the professional and governmental uses and
restricting it to only the first building. Mr. Smith stated staff would be in favor of
lowering the allowable percentage and the building restriction. Mr. Charles asked why
the Fish & Wildlife Service needs this space if they have any office at 5 Rivers and
Mayor Kant responded it is a different part of the agency and they will be working on the
Restore Act. Mr. Turner questioned the pedestrian trespassing from the subject property
and asked if there have been any complaints. Mr. Smith stated he is not aware of any but
that would be a matter for the police department. Mr. Roberds suggested the
Commission require the fence be installed at this time. Mrs. Fidler and Mr. Smith stated
the neighbors did not want the fence installed until the construction of the second
building because they did not want the natural buffer disturbed. Mr. Roberds asked Mr.
Stejskal if he wanted the fence built now. Mr. Stejskal said he has had several
conversations with Mr. Smith about people cutting across the neighbor's backyards and
Mr. Smith responded he was only speaking about the Greeno-Gayfer Medical Park site
and not Mr. Stejskal's property abutting the old Food World site. Mr. Stejskal stated his
does not have a problem with the fence not being put up as long as the site remains as it is
and he would prefer the natural buffer that is there to be left alone. Mr. Smith explained
he has met with and discussed pedestrian trespassing with Mr. Stejskal but not in regards
to this site. He said he has been working with CPSI on Mr. Stejskal behalf to have a
dilapidated fence repaired on that property but he is unaware of any cut through problems
at the Greeno-Gayfer Medical Park site. Tim Kant made a motion to accept the staff
recommendation to approve contingent upon the following condition:
1. A maximum of 25% of the gross floor are of the first building within the PUD
shall be used for professional office and governmental office use.
Dick Charles 2°d the motion and the motion carried unanimously.
Dick Charles made a motion to have a consent agenda for Items C and D. Rich Muller
2nd the motion and the motion carried unanimously.
SD 13.06 Public hearing to consider the request of Jade Consulting, LLC for
Preliminary and Final Plat approval of 52 N. Church Street Subdivision, a 5-lot
minor division, Trey Jinright.
SR 13.02 Request of Jade Consulting, LLC for Site Plan approval of 52 N. Church
Street, a 5-unit mixed use development, Trey Jinright.
Jonathan Smith gave the staff reports saying the property is located on the east side of
Church Street, just north of Magnolia Avenue. The subject property is located in the City
of Fairhope and is zoned B-2, in the Central Business District. The applicant is
proposing a 5-unit mixed use development, consisting of 5 lots that will allow for
commercial and residential uses. The applicant is proposing a private drive and is
requesting a waiver to Article V, Section E (3) of the Subdivision Regulations requiring
April 9, 2013
BONE SET TOO LLC
341 N. Greeno Road, Fairhope AL 36532
Zoning Application ZC-13-02 for Greeno-Gayfer Medical Building (PUD)
We appreciate the consideration of the Planning and Zoning Committee and the City Council members.
We are requesting a change in the Use Definition of our PUD under Ordinance 1326 signed into effect on
February 12, 2007 by Mayor Tim Kant and City Clerk Geniece Johnson.
Our request is to change the PUD use from strictly medical, to professional, including medical, and
governmental offices. How does this request coordinate with the City's plan and the neighborhood?
1. Compliance with City's Comprehensive Plan - The Greeno Road corridor is earmarked in the
Comprehensive Plan as commercial/office. The Plan further states that it wants to encourage
government agencies and professional services to locate in the main corridor areas.
Government/ professional services tenants and employees will have a positive impact on the
economy of the local Fairhope area on a daily basis.
Character of the Area — All of the improvements would be for interior space, with no changes to
the exterior, landscaping or additions of signage. This PUD amendment would not change how
tourists or neighbors view the property.
3. Public Benefit of the project change — having a government agency such as US Fish and Wildlife
occupying 50% of our second floor means less traffic impact on the surrounding streets and
neighbors. USFW will have 12-18 employees on site daily. A medical practice using the same
size area could have 12 employees and see 100 patients per day or more. Tourism and resident
leisure activities should be positively impacted by having a US Fish and Wildlife office in our local
area, which is especially important since our area was affected by the BP oil spill.
4. Natural Resources— Bone Set Too LLC (owners of the Greeno-Gayfer Medical Building) are
committed to preserving the natural resources/ environment that make Fairhope special. The
GSA has firm guidelines about building materials, resource conservation, etc. They will be a
good Fairhope community supporter, while adding minimal impact to our footprint.
Thank you for your consideration. Our building owners, practicing medical professionals and many staff
are all residents and taxpayers in the Fairhope community. We feel that this change will be a positive
one for our building as well as our community.
Nancy Milford
From: Deborah Stewart <dstewart@baysideortho.com>
Sent: Tuesday, May 28, 2013 1:21 PM
ro: nancy.milford@cofairhope.com
Subject: Bone Set Too LLC
Investors — Daniel E. Matthews MD
T. Gregg Terral MD
Joey F. Carter MD
1Je/x- r' rii"Wee
Bayside Orthopaedic, Sports Medicine & Rehabilitation Center
341 N. Greeno Road
Fairhope AL 36532
Mail to P.O. Box 1186, Fairhope AL 36533
Phone 251-210-3210
Page 4 of 6
APPLICATION FOR ZONING DISTRICT CHANGE
Property Owner Information
Name: R �' Oo Phone Number: 257- o2/Q - 3o2/O
Street Address: ! .
City: State: AL Zip: �3
Applicant / Agent Information If different from above.
Notarized letter from pro erty owner is required if an agent is used for representation.
Name: r ✓ -0 Phone Number: �Sl- 3,)1- a�Jc
Street Add s I✓ YQe�vto R�(�
City: rAgo-..0 State: A Zip: 3�-%3,j
Current Zoning of Property: M eu<'
Proposed Zoning/Use of the Property: /` 0t e — '
Property Address: '341 . dryeno kd get rk�
Parcel Number: 05-1 - - -On • tom,
Property Legal Description/, &1/4 (te Rd- -A '
Reason for Zoning Change.
�o�ernM�rtt'A L Q<;P�u+c� -4- cQ. dt¢�c pryf����d e l� SPr lcL�n
Property Map Attached NO
Metes and Bounds Description Attached NO
Names and Addr of all Real Property Owners within 300 Feet of Above Described Property
Attached. NO
Zoning Change Fee Calculation
See freCS chedule
Filing Fee: f" . 00
Certified Lettgrs:
Publication: 20, 00
Total: /OZo. 11
Certification: I certify that I am the property owner,
or authorized agent, and attest that all facts are
true and correct.
Signature:
Date: ��Q
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R-5 High D"Ry Dweeng Residw,#W
R-6 Ma." Ham ark Usstici
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Q B-3a Twist Resort Lodging Dish
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B-4 Business and Professional District
M-1 Light Industrial Dhtrict
- P-1 Padding
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ZC 13.02 Greeno Gayfer Medical Park N
arcel Numbers:
05<8-04-17-1.000-001.000 05-4&04-17.1.00O-001.004 A
05-46-04-1 TA-W"01.001 OS-4&0417-1-004C01.005
O5-4"-17-1-000-001.002 05-4644-17-1-000-001.006
05-46.04-17.1-000-001.003
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0512013
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05-46-04-17-1-000-001.002 D548-04.17-1-000-001.008
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0512010
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