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HomeMy WebLinkAboutO-1592c ORDINANCE NO. 1592 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 Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation, The property of Ecumenical Ministries, Inc. generally located at 566 Fairhope Avenue, Fairhope, Alabama. TAX PARCEL 05-46-03-37-0-008-006.510 Legal Description: (Case number ZC 16.10) THE WEST 99 FEET OF THE EAST 247 FEET OF THE NORTH 158 FEET OF LAND ON THE SOUTH SIDE OF FAIRHOPE AVENUE, BETWEEN MERSHON AND BROWN STREETS, DIVISION FOUR (4), LANDS OF THE FAIRHOPE SINGLE TAX CORPORATION IN THE CITY OF FAIRHOPE, ALABAMA AS PER ITS PARTIAL REPALT THEREOF FILED FOR RECORD SEPT. 30, 1931; MAP BOOK 1, PAGE 134, SECTION 17, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. A map of the property to be zoned is attached as Exhibit A The property is hereby rezoned from R-2 Medium Density Single Family Residential District to B-2 General Business 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 8TH DAY OF MAY, 2017 Karin i son, Mayor ATTEST: . Z91 4�1 - isa A. Han s, C City Clerk m1 T40PE W Subject Property Q 2 LU EXHIBIT A Legend PPIN_64694 ,lOH"�ONAV Parcel Lot Line PPI N No.: 64694 N A U. 1nnn�7�pt CITY OF FAIRHOPE CITY COUNCIL COVER SHEET March 23, 2017 ZC 16.10 Public Hearing to consider the request of Ecumenical Ministries, Inc. to rezone property located at 566 Fairhope Avenue from R-2 Medium Density Single Family Residential District to B-2 General Business District. The property is located on the south side of Fairhope Avenue just west of Mershon Street. STAFF INTERPRETATION: The subject property is currently zoned R-2 (Medium Density Single Family Residential District) and located in the City of Fairhope. The applicant is requesting a zoning change from R-2 to B-2 (General Business District). According to the Baldwin County mapping service, the parcel under review is approximately 15,642 square feet. The property has had a dual use, commercially and residentially, for the past 50 years. The various businesses located on the subject property include a video store, a Christian Bookstore, a printing company, an antique shop and a law office. The property abuts Emmy's Thrift Store, Ecumenical Ministries, Jubilee Ace Hardware and Pro Cycle & Tri on the west side. The surrounding adjacent properties are zoned B-2 to the north and west, and R-2 to the south and east. The setbacks for the R-2 zoning district are as follows: front-35 feet, rear- 35 feet, side- 10 feet, driveway side- 15 feet and maximum lot coverage of 37%. The setbacks for B-2 are as follows: front-20 feet, rear- 20 feet (where the property abuts residential to the rear), side-10 feet (where the property abuts residential to the east) and none, where the property abuts B-2 to the west. There is no minimum specified lot coverage in the area and dimension table in the Zoning Ordinance. However, in this particular case the setbacks will limit the allowable lot coverage. The maximum building height for both zoning designations is thirty feet (30') as measured per the City of Fairhope Zoning Ordinance. The B-2 zoning district is intended to provide opportunity for activities causing noise and heavy traffic, not considered compatible in the more restrictive business district. These uses also serve a regional as well as a local market and require location in proximity to major transportation routes. Recreational vehicle parks, very light production and processing activities are included. Short term rental is allowed in a B-2 zoning district but not the R-2 zoning district. The request does not appear to be contrary to the City's Comprehensive Plan or the criteria in the Zoning Ordinance for a Zoning Amendment (Article II, Section C. (1) — Zoning Amendments). On October 3, 2016 the Planning Commission held an Informal Review regarding the subject application. The majority of the Commission provided favorable feedback. PLANNING COMMISSION RECOMMENDATION: On December 5, 2016 the Planning Commission unanimously recommended the City Council approve the proposed rezoning request from R-2 to B-2. ZC 16.10 566 Fairhope Avenue rv1AAV I H_ Legend --�---� IR 16.03 566 Fairhope Avenue Parcel Lot Line CITY OF FAIRHOPE ZONING Zoning TR Tourist Resort w R-A Residential / Agriculture District R-1 Low Density Single -Family RI(a) RI(c) R-2 Medium Density Single -Family R-3 High Density Single -Family R-3 PGH Patio/Garden Single Family R-3 TH Townhouse Single Family R-4 Low Density Multi -Family R-5 High Density Dwelling Residential R-5 Mobile Home Park District - B-1 Local Shopping District B-2 General Business District yy B-3a Tourist Resort Lodging District - B-3b Tourist Resort Commercial Service District B-4 Business and Professional District M-1 Light Industrial District - P-1 Parking PUD Planned Unit Development SITE fJ III,W*[:1:L'! N A GOF GIS Planning Dept, 0912016 dp