HomeMy WebLinkAboutO-1601ORDINANCE NO. 1601
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 Kelley Lyons generally located 10143 Windmill Road, Fairhope, Alabama.
TAX PPIN #: 14463
Legal Description: (Case number ZC 17.06)
LOT 3, BLOCK 2, OLSEN ACRES SUBDIVISION, OTHERWISE DESCRIBED AS: FROM
THE SOUTHWEST CORNER SECTION 14-6-7, RUN NORTH 00.07' EAST 32.5 FEET
AND NORTH 89040' EAST, 526.95 FEET TO A POINT OF BEGINNING; THENCE NORTH
0090' W, 196 FEET; N 89°50' E, 240 FEET; SOUTH 0090' EAST, 196 FEET TO NORTH
SIDE OF COUNTY ROAD AND SOUTH 89050' WEST, 240 FEET TO BEGINNING, BEING
1.08 ACRES, MORE OR LESS OF LAND OF FAIRHOPE SINGLE TAX CORPORATION,
PER UNRECORDED PLAT OF SURVEY AUGUST 14, 1974 BY CLAUDE W. ARNOLD,
SURVEYOR, SECTION 14, T-4-S, R-2-E, BALDWIN COUNTY, ALABAMA.
A map of the property to be zoned is attached as Exhibit A
The property is hereby rezoned from RA Residential/Agriculture to R-2 Medium Density
Single Family Residential 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 9TH DAY OF OCTOBER, 2017
Karin Wilson, Mayor
ATTEST:
4A,.anks, C
City
e WINDMILL ROAD
---------------
r--
EXHIBIT A
TTI1.
71�srm
VICINITY MAP
rAY232011
BY: 1L of 1
Applicant Name:
Larry Smith, PE
S.E. Civil Engineering, LLC
Owner:
Kelley Lyons
Project Type:
Rezoning Request from:
RA Residential/Agricultural
to
R-2 Medium Density Single
Family Residential District
PPIN Number:
14463
General Location:
North side of Windmill Road
just east of State Highway 181
School District:
Fairhope Elementary, Middle,
and High School
Recommendation:
Approval
1
City of Fairhope
City Council
Case: ZC 17.06 10143 Windmill Road
Lpend
CITY OF FAIRNOPB ZONING
Zoning
a 6 of\.MI.1 I Ap.Odlmt Odnd
-1 Low Do.$*, S.91f-F.mly
a 11.;
a II\
a I(4
a.j YWum DM.Iy Swplf- —)
a-? Xip. OfnfO S�ngy-i.TFy
a-30GX 0.\OKNI\M SmpN F.mly
a.p N T.-h..M S.Iplf F—.y
e R-a Low1)"UY Y.b-F.m-ry
a•s Xq.DMuy Dw\.mgaf.d1M -
a.6 Y\e.. Xomf 7.R D."
S•1 L".ISXoownp D.Md
B-2 G-111 Ea.Mr D.Ind
9.1. Tou.. af\on Lodpnp D.md
- e•b '. ou.11 0..wn Domme.du $md D.md
-e-A Bf..fr uM aroM.onY Di.nd
MU-1 U" Ind"M.W DIMnd
- 0.1 O.Rnp
-JD P mn.O Un. D\wnoam.M
�.KN L\14M
ZC 17.06 10143 Windmill Road
Summary of Request:
The applicant is seeking concurrent minor subdivision and rezoning of one parcel of
approximately 46,969 sf from RA Residential/Agricultural District to a minor subdivision
comprised of two (2) R-2 Medium Density Single Family lots of 26,790 sf and 20,179 sf. The
parcel is located approximately one-half mile south of the intersection of State Highway 181
and Fairhope Avenue, and one -eight mile east of State Highway 181 along Windmill Road. The
subject parcel is located approximately 1,000' west of the southern entrance of River Mill
Subdivision. Parcels located directly across from (south of) the subject parcel are zoned R-1 or
unzoned, unincorporated Baldwin County. However, within a 1,000' radius of the subject
parcel, north of Windmill Road, there are eleven (11) parcels zoned R-2.
Comments:
The subject property is a rectangular lot and contains 240' of frontage along Windmill Road.
The proposed subdivision will result in two "L" shaped lots of 160' and 80' frontage along
Windmill Road. An existing home currently undergoing renovations will be contained on the
parcel with 160ft of frontage.
Parcel "A" Looking
North
Parcel "B" Looking
North
Parcel "A" Looking
Northeast
Parcel "B" Looking
Northeast
2 ZC 17.06 10143 Windmill Road
City of Fairhope Zoning Ordinance, Article III.A. provides the following purpose for the zoning of
the subject property:
RA Residential/Agriculture District: This district is intended as a rural environment providing
primarily agriculture and agriculture -related uses. Residential uses are allowed at overall low
density to support rural and agriculture lifestyles proximate to the city. This district may also
be used as a "holding zone" for future development in accordance with the comprehensive
plan, when future conditions allow for efficient expansion of urban services.
Article III.C. Dimensional Standards
Table 3-2: Dimension Table — Lots and Principle Structure, R/A Residential/Agricultural District
District
Min. Lot Size
Min. Lot Width
Front
Rear
Side
Max.Coverage
Max. Height
R/A
13 acres
198'
75'
75'
25'
none
30'
The requested zoning for the subject property is R-2 Medium Density Single Family Residential
District.
City of Fairhope Zoning Ordinance, Article III.A. provides the following purpose for the
requested district:
R-2 Medium Density Single -Family Residential District: This district is intended as a medium
density single family urban residential district, with lots of moderate size.
Article III.C. Dimensional Standards
Table 3-2: Dimension Table — Lots and Principle Structure, R-2 Medium Density Single -Family
Residential District
District
I Min. Lot Size
Min. Lot Width
Front
I Rear
I Side
I Max.Coverage
Max. Height
R-2
10,500sf
75'
35'
35'
10'
37%
30'
School Student Analysis:
The Final Plat for the Lyons Subdivision contains 2 single family lots. Applying the student yield factors
(SYF) provided by the Baldwin County Board of Education listed below, the development is expected to
generate 0.78 (2 x 0.39) elementary school students, 0.22 (2 x 0.11) middle school students and 0.34 (2 x
0.17) high school students.
Development
Name
Application
Type
Housing
Type
Total Units
Attendance Zone
SYF
Expected
Number of
Students
Lyons
Subdivision
Final Plat
SF
2
Fairhope
Elementary
0.39
0.78
"itFairhope
Middle
0.11
0.22
Fairhope High
0.17
0.34
Total Students
1.34
ZC 17.06 10143 Windmill Road
Article III. Section B. Allowable Uses
Table 3-1
R-2 Medium Density Single -Family Residential District
Permitted Use by Right
Single -Family
Elementary School
Secondary School
Education Facility
Library
Public Open Space
Common Open Space
Permitted Subject to Special Conditions
Home Occupation
Permitted Only on Appeal and Subject to Special
Conditions
Cemetery
Community Center or Club
Public Utility
Convalescent or Nursing Home
Clinic
Outdoor Recreation Facility
Day Care
Zoning History of Nearby Properties:
Case ZC 14.13 was a request of Hutchinson, Moore, and Rauch, LLC on behalf of Anez
Investments, Inc. to rezone property from RA Residential/Agricultural to B-4 Business and
Professional District. The property is located on the east side of State Highway 181 just north of
Margaret Drive, at 20252 State Highway 181, approximately 1,000' northwest of the subject
property (Parcel #: 05-46-06-14-0-000-001.502). The Planning Commission recommended
approval of the Zoning Change at their December 1, 2014 meeting. The City Council adopted
the Zoning Change on February 23, 2015. As of the writing of this report a dental office has
been constructed on the site.
Case ZC 14.05 was a request of Preble-Rish, LLC on behalf of Firethorne Development, LLC to
concurrently annex and rezone property from unzoned Baldwin County to a Planned Unit
Development (PUD) in the City of Fairhope. The property is located approximately 1,200'
southeast of the subject property, generally located east of State Highway 181 and south of
Quail Creek Drive between Quail Creek and State Highway 181 (Parcels: 05-46-09-23-0-000-
022.000 and 05-46-09-23-0-022.001; Firethorne Subdivision). The Planning Commission
recommend approving of the annexation/zoning change at their May 5, 2014 meeting. The City
Council adopted the annexation/zoning change at their June 23, 2014 meeting. As of the
writing of this report Firethorne Subdivision is fully -engaged in home construction activities.
4 ZC 17.06 10143 Windmill Road
Fairhope Comprehensive Plan Guidance
The subject property is located approximately one-half mile south of the proposed HWY
181/Fairhope Avenue Village Node, and one mile north of the proposed Commercial Node at
HWY 181 and Twin Beech Road.
The subject property does not abut the proposed commercial nodes described above, and given
the distance from the proposed commercial nodes to the subject property, there is no conflict
of compatibility between the uses.
Staff Recommendation to Planning Commission:
Staff recommends that the rezoning request be APPROVED.
Planning Commission Recommendation:
On July 3, 2017, the Planning Commission voted unanimously to approve the request and forward a
favorable recommendation to the City Council to rezone the subject property from RA
Residential/Agriculture to R-2 Medium Density Single Family Residential District.
ZC 17.06 10143 Windmill Road