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Home My WebLink AboutO-1775ORDINANCE N O. 1775 AN ORDINANCE AMENDING ORDINANCE NO. 12 53 KNOWN AS THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFF AIRHOPE, 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, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation, The property of Clifford M. Street, Jr. and Kendall Charles Street, as co-trustees of the Street Living Trust (containing 3.5 acres, more or less, and zoned R-1) is generally located on the west side of Greeno Road, north of Manly Road. Farringdon Blvd runs between the parcels. PPINS # 267236, 257637, 356677, 356679 Legal Description: (Case number ZC 22.16) Parcels ("Lots") 1-3 as recorded on the Street's Commercial Park replat on Slide 2512-A and Lot IA and 2A as recorded on a Re-Plat of Lots 1 and 2 of the Street 's Commercial Park as recorded on Slide 2886-D Beginning at the southeast corner of Huntington Subdivision, Phase one as recorded on slide 2184-D in the Office of the Judge of Probate, Bald win County, Alabama; thence run N-01 ° 14 ' 37"-E, along the east property line of said subdivision, 522.86 feet to a point located on the south right of way line ofFarringdon Boulevard; thence run S-89° 41 ' 25"-E, along said south right of way line, 212.67 feet to a point; thence run along said south right of way line and along a curve to the right having a rad iu s of 25 .00 feet, a chord bearing of S-44 ° 08 ' 30" - E, and a chord distance of 35 .65 feet to a point located on the west right of way line of U .S. Highway 98 ; thence run S-01 ° 19 '45"-W, along said west right of way line, 492.71 feet to a point; thence run S-89° 10'23"-W, leaving said west right of way line, 237.44 feet to the point of beginning; containing 123 ,567 sq . ft.±, or 2 .84 acres±. Parcel 4 Commencing at the center of Section 29, Township 6 South, Range 2 East, Baldwin County, Alabama; thence run N 00 degrees 09 minutes 52 seconds east, along the north-south half section line 1325.29 feet to a point; thence run north 89 degrees 43 minutes 57 seconds east, 1328 .17 feet to a point; thence run north 89 degrees 41 minutes 38 seconds east, 928.81 feet to a point; thence run south 00 degrees 19 minutes 4 7 seconds east, 5 86 . 93 feet to the point of beginning; thence run south 89 degrees 11 minutes O 1 seconds east, 244.14 feet to a point on the west right-of-way of U .S . Highway Number 98; thence run south 01 degrees 19 minutes 38 seconds west, along said west right-of-way of U.S. Highway Number 98 , 119.71 feet to a point; thence run southwesterly, leaving said west right-of-way of U .S. Highway Number 98 and along a curve to the right having a radius of 25.00 feet, a delta angle of 88 degrees 53 minutes 22 seconds, a chord of which bears south 45 degrees 46 minutes 19 seconds west a distance of 35.01 and an arc distance of 38.79 feet to a point on the north right-of-way of Farringdon Boulevard; thence run north 89 degrees 47 minutes 00 seconds west along said north right-of-way of Farringdon Boulevard , 215.41 feet to a point; thence run north 00 degrees 19 minutes 4 7 seconds west leav ing said north right-of-way ofFarringdon Boulevard, 146.76 feet to the point of beginning. A map of the property to be rezoned is attached as Exhibit A. Ordinance No. 1775 Page -2- The property is hereby rezoned HTD, Highway Transitional District. Th is 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 la ws 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 comp lian ce with such laws , including the requirements of Ordinance No. 1253. Severability Clause -if any part, section or subdivision of th is ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be co nstru ed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding . Effective Date -This ordinance sha ll take effect immedi ately upon its due adoption and publication as required by law . Adopted and approved thi s 12th day of June , 2023 Attes t: By j,-<' ~: ~ ~anks.~c City Clerk Adopted and approved this 12th day of June, 2023 Exhibit A ORDINANCE NO. 1702 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 ofFairhope Planning Commission directed the Planning Department to prepare amendments to our Zoning Ordinance; and, WHEREAS, the proposed amendments relate to the establishment of the Highway Transitional District ; and , WHEREAS, after the appropriate public notice and hearing of ZC 21.02, the Planning 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 , be hereby amended to add the following : I. HTD -Highway Transitional District I . Intent -The special standards listed in this section for the highway transitional district are intended to : , Provide an alternative to properties along state highways within the City of Fairhope that are beyond the area of influence of the Village Nodes and Co mmercial Nodes as contemplated by the City of Fairhope Comprehensive Plan. , Provide development opportunities consistent with the City 's vision/or commercial corridors to better serve community needs. , Unlike other districts within this section, the HTD is not an overlay district and does not affect any property owners, other than those who voluntarily apply for rezoning to this district . 2 . Size -Lots shall be a minimum of 20,000 s.f and under 3 acres. 3. Use-Uses/or the HTDare listed in Table 3-1 : Use Table. Re zoning to HT'D may be condit ioned so that uses permitted on appeal require a site plan. 4. Location -Eligible lots must have minimum of 100 feet on one side fronting the rights-of way of US Highway 98 , Alabama Highway 104, or Alabama Highway 181 and lie within the Corporate Jurisdiction of the City of Fairhope. 5 . Dimension Standards - a . lot frontage shall be adjacent to the highway. b . Setbacks i. Front Setback shall be 20 ·. ii. Rear Setback shall be 20 ·. iii. Side setbacks shall be 10 ·. c . Building Height i. Maximum Height is 30 ·. ii. A mixed-use building may have a height of 35 · if it co ntains both residential and commercial space. The residential us must make up at least 33 % of the total area of th e building and the located on th e second and/or third floor, and retail or office space must make up at least 50% of the total area of the building and be located on ground and/or second.floor. Exhibit A Ordinance No . 1702 Page -2- d. Parking i . Parking shall be located be hind th e fro nt buildin g lin e. e. Any f reestanding single -use or tenant retail buildin g sha ll nor hav e a building footp rint large r than 8,000 square feet. f. All lands w ithin twenty (20) feet of the boundaries of U.S. Hi g hway 98. A labama Highway 104 . and Alabama Hig hway 181 with in the corporate limits of the City of Fairhope are required to be reserved by owners or developers of s uch lands a s greenspace and tree protection zones. The required greenspace may include land as required by the front setback. i . Where no vegetation, other than grass exists, new land caping and plantings shall b e installed at time of development within the 20-foot s trip that meet the requirem ents of the iry of Fairhope Tr ee Ordinance and receives approval by the City Hortic 11/ruris1: otherwise the land may be left in its natural state and enhanced with th e addition of trees and s hrubs . g. Any future rezoning to HI'D may be conditioned so that the goals and intent of th e Comprehensive Plan and A rticle V., e tion 1.1. of the Zoning Ordinance are achieved. h. For the purposes of Article IV, Section B.2.b. and the screening req uirements of th e City of Fairhope Tr ee Ordinance, the Highway Tran s itional Dis trict s hall be considered commerc ial/bu ine s regardless of use. 2. THAT, Article III , Sectio n B. Table 3-1: Use Table, be hereby amended to ad d a co lumn to read as follows : HTD Uses Permilled subject ro general ordin ance standards and co ndition s: Single- family, Two -family, Townhouse , Mixed-use , Elem entary School, Se co ndary Schoo l. Edu ca tion Fa cility , library, Public Op en Space , Common Op en Space, Genera l Office , Professional Office , Day Care, and Bed & Brealcfast. Uses Permilled subject to special conditions li sted in the ordina nce : Acee sory Dwelling, Hom e Oc cup ation , and Conve nie nce Store. Uses Permitted only on appeal and subject to sp ecia l co nditions : Mullipl e- fa mily/Apartm ent, Place of Worship. Ce metery, Hospital, Community ent er or Club , Public Util ity, Genera l Merchandis e, Outdoor Sales Limited, Garden ent er. Convalescent or Nursing Home , Clinic , Outdoor Recreation Fa cility. Mortuary or Fun eral Home , and Limited Manufacturing. 3. THAT , Article III , Section B. Table 3-2 : Dimension Table, be hereby a mend ed to add a row to read as follows : HTD -See Art icle V., Section l. Exh i IA Ordinance No . 1702 Page -3 - Severabillty 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 inval idate 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 22nd day ofFebruary. 2021. Attest : ~·41/4.f..-Lisa.Hanks.MMC City Clerk Adopted and approved this 22nd day ofFebruary. 2021. ExhibttB Article Ill Zoning Di stricts Zoning District Uses Categories/ Soecific Uses Dwelling S in~le-fami lv T wo-fa mi lv T ownhouse Patio Home Mu lrio le-familv / Aoanment Manufac tured Home M ixed-use Accessorv Dwe lling Es tate Civic Elementarv School Secondarv School Educati o n Facilitv Librarv Place of Worshin Cemeterv Hosoita l Pub li c Ooen Soace Common Ooen Soace Comrnunitv Center o r Cl ub Publi c Uti litv Office General Profess ional Ho me Occuoation Reta il Grocerv Convenience Store General Merchandise Shonning Center Au1omobile Service Station Outdoor Sales Limited Outdoor Sales Lot Garden Center Service Convalescent or Nurs ine: Home Clinic Outdoor Recreati on Facilitv Dav Care General Pe rsonal Services Mortuarv or Funeral Home Automobil e Renair Indoor Recreation Drv C leaner / Laundrv Personal Storaee Bed & Breakfast Hotel I Motel Boardint! House or Donnitorv Recreational Vehicle Park R estaurant Bar Entenainment Venue Marina Kennel or Animal Hosoita l Warehouse Junk Yard or Salvage Yard Man ufacturim> Lim ited Li2ht General Food Processin ~ Rural AITTi culrure Rural Market Plant Nurserv <.> .,; :,: ~ ... < -N '7 o< o< o< "' • • • • • • • • • • • • 0 0 0 • • • • • • 0 0 0 0 0 0 0 • • • • 0 0 0 0 0 0 0 0 0 0 0 0 • • • • Penn itted s ubj ect to genera l ordi nance stan dard s and conditio ns. 1 Pennin·ed s ubject to specia l conditions listed in the o rdinance 0 Perm itt ed only on appeal and subject to special condition s FAIRHOPE ZON ING ORDINANCE 19 Tab le 3-1 : Use ta bl e :,: ~ M M 'f V> "' o< o< "' o< "' • • • • • • • • • • • • • • • • • • • • • • • 0 0 0 • • • • • • 0 0 0 0 0 0 0 0 • • • • • 0 0 0 0 0 0 0 0 0 0 0 0 Sectio n B All owed Uses " ;!; Cl ~ u u Cl N M N 'f i i ::, > > ... d, d, d, d, co 0.. > z u :,: • • • • • • • • • • • • • • • • • • • • • 0 0 • • • 0 • • • • • • • • • • • • • • • • • • • • • • • • • 8 • • • • • • • • • • • ;j • • • C • • • • • ~ • • • 0 • • • • • • • • • • • ~ • 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e 0 0 0 ~ • • • • • • 1 • • • • • • • • • • • • • • 0 0 0 0 0 Q. 0 0 0 0 "C 0 0 0 0 0 0 0 ;j 0 0 0 0 ~ 'E • • • • • • " • • • "C C • • • • • • ~ • • • • • • • • " • • • • -5 B • • • • • Cl) • • C • • • • • ~ • • • • • • • • ~ • • 0 • 0 0 0 0 ;; • • 0. 0 0 0 ij 0 0 0 0 0 0 E 0 0 0 0 Q. 0 0 0 0 u 0 0 0 0 0 0 ~ "C • • 0 0 0 0 0 0 " 0 0 0 C 0 0 • 0 0 0 0 0 0 0 "C 0 0 0 0 0 0 * • • • • • • • .,, • • 0 0 0 0 1l 0 0 0 "' • • • ·1 0 0 • • 0 • • • • • 0 0 0 .8 0 0 0 • • 0 0 .; 0 0 • • -;; 0 • • • <.> 0 • • .§ • • • • • i5 • • • • • • § 0 • 0 • 0 0.. • • • 0 • " • • -5 • 0 0 .E 0 0 0 0 0 ; 0 0 0 0 0 ::, • • 0 0 0 0 • • • • 0 • • 0 • 0 City of Fairhope Planning Commission December 5, 2022 Planning Commission unanimously (8 Ayes , 0 Nays) voted to recommend approval of ZC 22.16. ZC 22.16 -Street Property, Rezoning Project Name: Street Property Site Data: 3.5 acres Project Type: 4 Lot Rezoning Jurisdiction: Fairhope Planning Jurisd i ctio n Zoning District: R-1 PPIN Number: 267236,257637, 356677 , 356679 General Location: West side of Greeno Road , North of Manly Road. Farringdon Blvd runs between the parcels Surveyor of Record: Engineer of Record: Owner/ Developer: Street, Cl ifford Etal Jea n School District: Fairhope Elementary School Fa i rhope Middle and Hi gh Schools Recommendation: Approval Prepared by: M i chelle Melton Legend Roads c:IParcels Zo ningDlst rlct Zoning Cleulftc•Uon PUD • Pfanned Unit Development R-1 • Low Density Single-Family Planning Jurisdiction C C Ir iro oz zW WW w Ir Ir C) C) Ir C w t---------4 ~ Q. ·,t~~ .... . ,.\ .~ .. ~. ,·. .. -J . .,... .... ,\··i ~:,.~-II ' ' . ~,~ ~ ... Page 4 or 6 RECEIVED OCT~ BY:_ .... ~~'------ APPLICATION FOR ZONING DISTRICT CHANGE Applicant / Agent Information If different from above . Name: properµ, owner is required if an agent is used for represe~n, -C"" c;-7 --~........------·~r--""---Pho e Number: g5] -~ ~ / _l_ Street City: Zip: ?~S 3c;)._ Current Zoning of Property: -----~--~-__..,~- Proposed Zoning/Use of! Property:~~ /J 1 Property Address:. &) :t' re\ §J~b1~""(?\✓~izG 1~M1 ,c.A!1\ Parcel Number: ,}, ] ~ 2 1 1 'Jr J 7 Property Legal Description: Reason for Zoning Change: Pro ¥' ss ;o /\J o B ,'c_e,, Property Map Attached Metes and Bounds Description Attached ~NO @v NO Names and Address of all Real Property Owners within 300 Feet of Above Described Property Attached. ~ NO Character of Improvements to the Property and Approximate Construction Date: ~-'--'--- Zoning Fee Calculation: Reference: Ordinance 1269 I certify that I am the property owner /leaseholder of the above described property and hereby submit this application to the City for review. *If property is owned by Fairhope Single Tax Co . authorized Singl :fax representative shall sign this application . ~g:::_:J.~r;:::::j:J.~-4-_:C=::._ .. 1_!_'~'1 :'.::._J •Yhs_i\-r._,,~ __ -S_r_L _____ _ Signature Date Fairhope Single Tax Corp . (If Applicable) Summary of Request: Applicants, Clifford M . Street, Jr . and Kendall Charles Street, as co-trustees of the Street Living Trust, request the subject property be rezoned from R-1, Low Density Single Family Residential District to Highway Transitional District ("HTD"). The property consists of four (4) parcels (PPINs: 267236, 257637, 356677, and 356679) totaling+/-3.5 acres. The parcels straddle the entrance to Huntington Woods on Farringdon Boulevard, off of South Greeno Road (US Hwy 98). There is one (1) parcel located north of Farringdon Boulevard and the rest are situated south of Farringdon Boulevard. See below. Applicants contend that the property is better suited for commercial/business use, which is the intent of the Highway Transitional District, rather than as residential use . Moreover, some of the parcels are taxed as commercial by the Baldwin County Revenue Commission. Applicants would like the opportunity to potentially build office space(s) on the parcels justifying their request. This is merely the rezoning request and there are no imminent plans for development at this time . Site History: Three (3) of four (4) of the parcels are currently vacant. The southernmost parcel has a well-established ice machine located on its South Greeno Road facing side . The ice machine was placed on the southernmost parcel prior to the R-1 zoning designation and was more or less grandfathered in . See below. 1 ZC 22 .16 Street Parcels Rezoning -December 5, 2022 Last visited on November 21 , 2022 . The three {3) parcels south of Farringdon Boulevard make up the 2014 platted Street's Commercial Park {Slide 2512 -A, Baldwin County Probate Records) and shown below. The three {3) parcels mak i ng up the Street's Commercial Park are taxed as commercial property by the Baldwin County Revenue Comm ission . However, commercial use beyond the ice mach i ne has not come to fruition. The subject property has been in the Street family for 20+ years . 2 ZC 22 .16 Street Parcels Rezoning -December 5, 2022 TREETSCOMJ\IIBRCIALPAR ( A R.EPLAl) . ....J,.'ft(Wt ----~--~=""=~;;, • -i I I I I / •awgr_g~_§ ~-UU'l'ffl-COISTII.C1D'~ ------ .--· ..I.!!£_ Slide 2512-A, Baldwin County Probate Records Requirements for the Highway Transitional District: ---•---1 __ ., ____ _ d~ .. ' .. -·--:: ' ... -· The Highway Transitional District was added to the Zoning Ordinance in February 2021 as Ordinance 1702. (See Exhibit A). According to Article V, Section I (1), of the Zoning Ordinance (Ord . 1253), the intent of the HTD is three -fold . 3 ZC 22 .16 Street Par ce ls Rezoning -December 5, 2022 Intent -The special standard s li sted in thi s section for th e highwa tr an sition al di strict are intended to: • ·Provi de an alternative to properti es along stat e highways within th e City of Fairhope that are be yond the area of influence of the Vill age Nodes and Commercial odes as contemplated by the City of Fairhope Comprehensive Plan . • Provi de development opportunities con sistent "vi th th e City's vision for commercia l corridors to b en er serve community needs . • Unlike other di stricts within th is section , th e HTD i not an overlay di strict and do e no t affect an y property owners, other th an tho e who voluntarily apply for rezoning to thi di strict . Appl ic ants des ire for the p ro perty to be co mmercia l/b usiness use , esp ecia lly si nc e¾ o f t he p ro perty is being ta xed as co mmercial. Since the parce ls are adjace nt t o a m ajor hig hway , the HTD zo ning ma kes sense and is re as on able. Furth erm o re, ge neral a nd prof essiona l office use a re acc ep table u ses by right acco r d ing t o Table 3-1 as shown be low a nd attach e d as Exh i bit B . . r.T.d, -- ;E; ~ ~ :7 u...-' '7 J ~ ~ i ~ J ;g; .____~-er-"" .. "" ... .. "" = ';ti' ';ti' ,.. • • • • • ., • • ., • • • • • • • • • • " .. , , .. .. " .. • .. mnHa:lllli .. .. :'; ' .. -V V .,. .. .. u , .. • • • • • • > .. _., : .. .. ~ .. ~-• -~ • -.. .. • • .. • •· • • .. .. .. -~ . .. . .. -.. .. --.. .. -.. ,r.......,• .. . .. .. •. .. . .. .. -.. ~ • • • • • • • • •· • • •· ~ • • ---. • 0 0 0 0 0 0 0 0 0 0 0 0 0 ·-0 o · 0 0 0 0 0 Pd::..C -=---• -. .. . .. -. ,. -. .. .. . -.. •. -.. .. .. -.. .. . -.. --.. C C-.ar -0 0 0 0 0 0 0 ·O 0 0 0 ... 0 0 Plll:~'L .... l'ffl"· 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 ~ ~ - - • -• .. -. -.. .. .. . .. a-,r .. ,. ,. " .. .. .. , ·"' .. .. " ... .. .. ,. --- • Piaicad mi,;.c:»~ ordiam<. .....in.acdi:i-. • l'IC:mod : ., <pOCial c-=.= . :io ilia cr.bm:8 0 l'llcm::acl mily <11'i'P'1111Mi ni,jlam #al c<mliz:i:D Size: A rticle V, Section 1(2 ) mandates t hat the size of ea ch lot be a minimum of 20K ft 2 an d unde r three (3) acres . Lots be ing synonym o us with parcels for the sake of clarity, all four (4) parcels meet the size r equirement o f the HTD. .._ a- • " • " -·• .. • 0 0 0 -.. 0 0 .. . " Location : Each pa rcel has fro ntage at le ast 100 ft alo ng So uth Gree no Ro ad, wh ich is a lo cat ion requirement fo r t he HTD pe r subsecti o n (4). 4 ZC 22 .16 St reet Parcels Rezoning -December 5, 20 22 ~ • • •· V • > -• . . • 0 0 0 •· -0 0 • ., ,. . Dimension Standards: Article V, Section l (S){b) calls for the following setbacks in the HTD, all of wh ich can be accomplished in each of the four (4) parcels. b . S etba cks i .Front Setback shall be2O ·. ii .Rear Setb ack hall be 20·. iii .Side. s etbacks shall be 10 ·. Maximum building heights of 30' or 35' shall be applicable to any buildings on the parcels. Parking shall be located behind the front building line if and when buildings are anticipated. Per subsection (e), any stand -alone single use or tenant retail building shall not exceed an 8Kft2 footprint. Subsection (f) states that "all lands within twenty (20) feet of the boundaries of U.S. Highway 98 , Alabama Highway 104, and Alabama Highway 181 ... are required to be reserved by owners or developers ... as greens pace and tree protection zones ... " If there is no other vegetation beyond grass at the time of development, then new landscaping and plantings shall be installed at the time of the development . Said landscaping and plantings shall be approved by the City Horticulturalist. The City of Fairhope Tree Ordinance considers the HTD as commercial/bus i ness regardless of the ac t ual use . Pursuant to Article II , Section C(l) "Zoning Amendments," subsection (e) "Criteria" t h e applicat io n shall be reviewed based on the following criteria: (1) Compliance with the Comprehensive Plan; Response: The current Comprehensive Land Use Plan (c i rca 2016) supports a village concept with village centers containing the highest intensity of business uses with commercial nodes located on Greeno Road, Highway 181, and Section Street. The preferred plan places village centers at North Village (current Fly Creek PUD), Greeno Road, intersection of Fairhope Avenue and Highway 181, and downtown, with downtown considered the ultimate village center. The nearest v i llage nodes are located at Greeno Road and Twin Beech Road and Greeno Road and County Road 32 . An additional node is at Section Street and County Road 34 . The "subject" property is triangulat ed among the aforementioned commerc ial nodes . See below. The subject property is not appropriate for a full -blown commercial node; however, staff does believe the property is appropriate for HTD by definition and location. 5 ZC 22 .16 Street Pa rc els Rezoning -December 5, 2022 2016 Comprehensive Land Use Plan -Preferred Use Land Map (2) Compliance with the standards, goals, and intent of this ordinance; Response: Currently, all the parcels are zoned R-1. R-1 is most likely not the best use for smaller parcels that directly front a major highway since R-1 is a more appropriate designation for larger parcels. Moreover, "screening" is an important attribute that runs throughout this ordinance and HTD requires the first twenty (20) feet of the parcel from the highways be vegetated beyond that of just grass; whereas, R-1 does not. Also, HTD is transitional and these parcels ease the transition from busy highway to the resi dential subdivision beh in d them. (3) The character of the surrounding property, including any pending development activity; Response: Each parcel fronts S. Greeno Road (US Hwy 98). Each parcel is backed by the Huntington Woods subdivision . Parcels north of the stand-alone northern parcel are zoned R-1 . There are two (2) such parcels and they are much larger and have what appears to be one (1) residence on each . Parcels located south of the parcels known as Street's Commercial Park are unzoned as are parcels across S. Greeno Road (US Hwy 98). There is not any known anticipated pend ing development in the immediate surrounds of the su bject property. 6 ZC 22.1 6 Street Parcels Rezoning -December 5, 2022 (4) Adequacy of public infrastructure to support the proposed development; Response: There is no proposed development at this time. At least one (1) parcel {ice machine) is energized. Future development project{s) shall confirm the adequacy of the public infrastructure. (5) Impacts on natural resources, including existing conditions and ongoing post-development conditions; Response: The Applicants have no known plans of construction or redevelopment at this time. (6) Compliance with other laws and regulations of the City; Response: Rezoning complements the Tree Ordinance. At the time of any redevelopment all applicable laws of the city will be applied . If granted, any use within HTD zoning will be allowed 'by right '. (7) Compliance with other applicable laws and regulations of other jurisdictions; Response: At the time of redevelopment all applicable laws will be applied . (8) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and, Response: Applicants do not have any immediate plans for development. Nonetheless, the parcels are situated in an area that fits the bill for HTD by definition. If the property is developed commercially there very well may be potential impacts; however, any future building permits will be reviewed by staff prior to any construction and development shall follow all of the appropriate setbacks, footprints, and buffers . In addition, since the parcels front a major highway then ALDOT will also weigh in on any future development plans . (9) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: Since this is a straight rezoning request where a solidified future use and/or site plan is not yet even fully contemplated then it is impossible for staff to determine any specific impacts on the surrounding neighborhood although it is reasonable to assume that there will be some impacts with any future development. Nonetheless, any future development will have various approval processes where these concerns and more will be thoroughly vetted . Recommendation: Staff recommends approval of ZC 22.16 . 7 ZC 22 .16 Street Parcels Rezoning -December 5, 2022 From: To: Subject: Date: Jacauenne Turner .l2iannirul Case ZC 22 .16 Monday, November 28, 2022 8 :09:30 AM SENT FROM AN EXTERNAL ADDRESS Hello, With the Thanksgiving Holiday, there really was not enough time to properly draft a response to the letter recently received regarding the above requested rezone. However, as an impacted homeowner, as well as a representative of the almost hundred member HOA , we are VEHEMENTLY OPPOSED to this zoning change! None of our key concerns , such as traffic and the safety of our children , have changed. In fact , they have been increasingly exacerbated by the additional traffic due to residential development behind ours and the overall influx of area development. In addition , commercial driveways would not be feasi ble off Farringdon as it is a tree lin ed entrance that we maintain. Placing the entrances off of Highway 98 would only add to everyone's nightmare of school traffic as it is across the street from the main high school entrance . Keeping the current zoning is the only common sense choice . Thank you for your consideration, Jacqueline Turner Erik Perrin, Huntington Woods Resident Mr. Perrin called on November 28 th• 2022, to voice his opinion regarding Case ZC 22 .16, the rezoning of the Street property to HTD . He stated that he was not against the rezoning, he would like to the see the property develop, but did ask that the ingress/egress for the lots be located on Greeno Road rather than Farringdon Boulevard and entrance to the Huntington Woods Subdivision. He added that there is a lot of traffic from Old Battles Village being developed . ArcGIS Web Map October 27, 2022 Zoning -8 -3a . Tourist Resort Lodg ing District -8 -1 • Local Shopp ing District -B-3b . Tourist Resort Commercial Service District 8-2 • General Business District 8-4 • Bus ness and Professional District F airh o f Hi g h S c h ool HTD • Highway Transition District M-1 • Li ght Industrial District -P-1 • Park ing 1:9 ,028 0 0 .05 0 .1 0 .2 m1 0 0 .1 0 .2 0 .4 km KCS . Esn . HERE , Garmlf\, GeoTeehnolOO tes , lne , lnlermap, USGS . METI/ N"5A, EPA, USOA ......• ,r,...r ,...,_,_ ,-,. ............ , ....... •·· •-•·-•• ,,,..,..,.. .............. ,.. ........ ,,..,...,.., ,.,,..,.. ..... , .. --· •• "'·•·-·•-,.,,...,,., Exhibit A: Map of the Property of the Street Living Trust to be re -z oned to HTD (Case ZC 22 .16) ~ I I PPIN: 267236 I ,/ '-J 98 AR I ~DO N B VO i '\ / 1 ~ I PPIN : 257637 I i\ ~ • ~\ I' ~ I PPIN : 356677 I \>,,J\.. OUTH WA --r ~ ~ I PPIN : 356679 I llJ 1 ■