HomeMy WebLinkAboutO-1602ORDINANCE NO. 1602
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 an unfavorable recommendation,
The property of William H. Wright generally located at 861 Edwards Avenue, Fairhope,
Alabama.
TAX PPIN #: 47397
Legal Description: (Case number ZC 17.05)
THAT CERTAIN LOT OR PARCEL OF LAND, BEGINNING AT A STAKE AT THE
SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 16, TOWNSHIP 6 SOUTH RANGE 2 EAST; RUN THENCE
WEST 197 FEET TO A STAKE AT THE SOUTHEAST CORNER OF PAULK DEALY'S
LAND, DESCRIBED IN THE DEED OF RECORD IN BOOK 11, PAGE 359, SAID
DEALY'S LAND BEING IN SECTION 17; THEN NORTH ALONG DEALY'S LINE 331
FEET; THENCE EAST 197 FEET, THENCE SOUTH 331.5 FEET TO THE POINT OF
BEGINNING, AND CONTAINING 1.5 ACRES, MORE OR LESS.
(BEING A PORTION OF THE SAME PROPERTY CONVEYED BY THOMAS J. LOWELL
AND SARAH V. LOWELL TO HARRY GABLE, BY DEED RECORDED IN BK 13 PAGE
106, BALDWIN COUNTY RECORDS.)
(BEING ALSO A PORTION OF THE SAME PROPERTY DEEDED BY HARRY GABLE
AND LIZZIE MAE GABLE, HIS WIFE, TO HATTIE ANDREWS, RECORDED IN BOOK 32
N.S. PAGE 358, BALDWIN COUNTY RECORDS.)
LESS AND EXCEPT THE PARCEL OF PROPERTY CONVEYED TO THE STATE OF
ALABAMA AS PART OF THE RIGHT-OF-WAY FOR GREENO ROAD DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NE'A OF NE A, SECTION 17,
T-6-S, R-2-E; THENCE EASTERLY ALONG THE NORTH LINE OF SAID NE'A OF NE'A,
A DISTANCE OF 1320 FEET, MORE OR LESS, TO THE CENTERLINE OF PROJECT NO.
DE-0019(802); THENCE S 097'57" E ALONG SAID CENTERLINE, A DISTANCE OF 891
FEET, MORE OR LESS, TO STATION 167+00; THENCE TURN AN ANGLE OF 90' TO
THE RIGHT AND RUN A DISTANCE OF 80 FEET; THENCE S 0°17'57" E, PARALLEL
WITH SAID CENTERLINE, A DISTANCE OF 101 FEET, MORE OR LESS, TO THE
NORTH LINE OF THE PROPERTY HEREIN TO BE CONDEMNED AND THE POINT OF
BEGINNING; THENCE CONTINUING S 0°17'57" E, PARALLEL WITH THE
CENTERLINE OF SAID PROJECT, A DISTANCE OF 285 FEET, MORE OR LESS, TO A
POINT THAT IS 80 FEET, WESTERLY OF AND AT RIGHT ANGLES TO THE
CENTERLINE OF SAID PROJECT AT STATION 170+85; THENCE SOUTHWESTERLY
ALONG A LINE, A DISTANCE OF 37 FEET, MORE OR LESS, TO A POINT ON THE
PRESENT NORTH RIGHT-OF-WAY LINE OF EDWARDS AVENUE THAT IS
NORTHERLY OF AND AT RIGHT ANGLES TO THE TRAVERSE OF SAID AVENUE AT
STATION 18+95;
Ordinance No. 1602
Page -2-
THENCE EASTERLY ALONG THE PRESENT NORTH RIGHT-OF-WAY LINE OF SAID
EDWARDS AVENUE, A DISTANCE OF 65 FEET, MORE OR LESS, TO THE PRESENT
WEST RIGHT-OF-WAY LINE OF GREENO ROAD; THENCE NORTHERLY ALONG THE
PRESENT WEST RIGHT-OF-WAY LINE OF SAID GREENO ROAD, A DISTANCE OF 312
FEET, MORE OR LESS TO SAID NORTH PROPERTY LINE; THENCE WESTERLY
ALONG SAID NORTH PROPERTY LINE, A DISTANCE OF 40 FEET, MORE OR LESS,
TO THE POINT OF BEGINNING.
SAID STRIP OF LAND LYING IN THE NE 'A OF NE 'A, SECTION 17, T-6-S, R-2-E AND
CONTAINING 0.294 ACRE, MORE OR LESS.
A map of the property to be zoned is attached as Exhibit A
The property is hereby rezoned from R-1 Low Density Single Family Residential District to
B-1 Local Shopping 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 following 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:
f .. r
clerk
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Copyright 2017
Applicant Name:
William H. Wright (Trustee)
Owner:
William H. Wright (Trustee)
Project Name:
861 Edwards Avenue
Project Type:
Rezoning Request from:
R-1 Low Density Single -Family
Residential District
to
8-1 Local Shopping District
PPIN Number:
47397
General Location:
Northwest corner of the
intersection of Edwards
Avenue and US 98 (aka Greeno
Road)
Engineer:
Larry Smith
S.E. Civil Engineering, LLC
School District:
Fairhope Elementary, Middle,
and High School
Recommendation:
Planning Commission is
forwarding an unfavorable
recommendation.
City of Fairhope
City Council
Case: ZC 17.05 861 Edwards Avenue
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ZC 17.05 861 Edwards Avenue
Summary of Request:
The applicant is seeking to rezone one parcel of property, approximately .9 acres from R-1 Low Density
Single Family District to B-1 Local Shopping District. The subject property is located on the north side of
Edwards Avenue and the west side of U.S. Highway 98. Parcels across U.S. Highway 98 are zoned PUD.
The proposed use is a bank use.
Comments:
The subject property is situated on the northwest corner of U.S. 98/Greeno Road and Edwards
Avenue, which serves as the primary entrance to the adjacent neighborhood. The proposed
layout will consist of one (1) access off Edwards and one (1) access off Greeno Road. The bank
is proposing one (1) ATM lane. The hours of operations will be from 9 am to 5 pm.
View of Subject Property from the Myrick Agency Parking Lot
ZC 17.05 861 Edwards Avenue
View from Greeno Road looking down Edwards Avenue. Myrick Agency to the west.
View of Subject Property from Greeno Road.
ZC 17.05 861 Edwards Avenue
The surrounding properties are zoned as follows:
South: B-4
West: R-1
North: R-1
East: PUD
Fairhope Zoning Ordinance, Article III.A. provides the following purpose for the requested
district.
R-1 Low Density Single -Family Residential District: This district is intended to provide choices
of low -density suburban residential environment consisting of single-family homes on large
parcels of land. It is sub -classified into four categories (R-1, R-1a, R-1b, and R-1c) based on lot
sizes.
Article III. C. Dimensional Standards
District
Min.
Min. Lot
Front
Rear
Side
Max. Lot
Max.
Lot Size
Width
Coverage
Height
R-1
15,000
100'
40'
35'
10'
40%
30'
Sq. Ft.
The requested zoning for the subject property is B-1 Local Shopping District. Fairhope Zoning
Ordinance, Article III.A. provides the following purpose for the requested district:
B-1 Local Shopping District: This district is intended to provide for limited retail convenience
goods and personal service establishments in residential neighborhoods and to encourage
the concentration of these uses in one (1) location for each residential neighborhood rather
than in scattered sites occupied by individual shops throughout a neighborhood. Restaurants
in the B-1 zoning district may be permitted only on appeal to the Board of Adjustments and
may be subject to special conditions. Drive thru restaurants shall not be permitted in the B-1
zoning district.
Article III. C Dimensional Standards
District
Min.
Lot Size
Min. Lot
Width
Front
Rear
Side
Max. Lot
Coverage
Max.
Height
B-1
none
none
20'
20'
none
I -
30'
The allowable uses in the B-1 Districts are as follows:
B-1 Local Shopping District
Permitted by Right
Single Family
Two Family
Mixed Use
Elementary School
Secondary School
Education Facility
Library
Public Open Space
4 ZC 17.05 861 Edwards Avenue
Common Open Space
General
Professional
Grocery
General Merchandise
General Personal Service
Indoor Recreation
Dry Cleaner/Laundry
Permitted Subject to Special Conditions
Townhouse
Accessory Dwelling
Home Occupation
Convenience Store
Permitted Only on Appeal and Subject to Special Conditions
Cemetery
Hospital
Community Center or Club
Public Utility
Automobile Service Station
Convalescent or Nursing Home
Clinic
Day Care
Restaurant
Article IX Section B of the City of Fairhope Zoning Ordinance defines the following:
Definitions and Interpretation Description of Uses
5. Service Use Category
f. General Personal Services — a business that provides including uses such as post office, bank,
barber shop or beauty salon, film processing, small appliance repair, tailor, office support, or
other similar service. Any personal service that is more specifically described is excluded from
this use.
In accordance with:
Article III Section B
Zoning Districts Allowed Uses
Table 3-1: Use table
General Personal Services are allowed in the following districts:
B-1, B-2, M-1, M-2, NVC, CVC
Current Area Businesses: According to the applicant, between Gayfer Avenue (heading south)
to one parcel South of Estella Street, there are the following businesses: Trustmark Bank,
Centennial Bank, Wells Fargo, Jade Consulting, Premier Foot Care, Citizens Bank, BB&T Bank,
McDonalds, JoAnne Kerr Real Estate, The Myrick Agency (Insurance), Dr. Helval Gynecology &
Infertility, and Bayside Orthopedic.
ZC 17.05 861 Edwards Avenue
Zoning History of Nearby Properties: The subject property (861 Edwards Ave.) is zoned R-1
Low Density Single Family Residential District and is surrounded by R-1 zoning district on two
sides. On July 6, 2015, an Informal Review application was made to Planning Commission for a
potential rezoning of the subject property from R-1 to B-4. The general comments during the
informal review were:
• A PUD plan would be preferred.
• Parking in the rear is preferred.
A rezoning application (ZC 15-08) for 861 Edwards was submitted in July 28, 2015; however, the
applicant subsequently withdrew the application on September 17, 2015.
To the south, the subject property is bordered by a property (a.k.a. the Myrick property- 860
Edwards Avenue) that was rezoned from R-1 to B-4 in 2010. The Myrick property rezoning
application (ZC 10.01) received an unfavorable recommendation by Planning Commission on
February 1, 2010. On April 26, 2010, the Myrick property application was presented to City
Council and was approved with the following conditions of approval: 1) that any future
development on the subject property shall comply with all applicable local, state and federal
regulations 2) the applicant's self-imposed a deed restriction of a 30- foot landscape buffer of
screening/fencing to protect the residential neighbors to the west of the property.
According to the City of Fairhope Tree Ordinance, Section 20.5-4 (13) Tree Credits, all lands
within twenty (20) feet of the Boundaries of U.S. Highway 98,.... are required to be reserved
by owners and developer of such land as greenspace and tree protection zones, such lands
being require to conform to the following standards to all applicable provisions of this
chapter. Provided, however, that the greenspace shall be landscaped as follows:
• Where no vegetation, other than grass exists, new landscaping and plantings shall be
installed within the 20 foot strip as approved by the City Horticulturist, otherwise the
following shall apply:
• For front facing structures, the reserved area maybe:
• Left in its natural state;
• Natural growth retained, but enhanced with addition of trees and shrubs.
To the east, across Greeno Road is the location of the Greeno Professional Park (aka Dyas PUD)
which was approved in April 2002. The permitted uses for this PUD include business and
professional offices such as lawyers, doctors, banks, insurance, architects and similar uses. No
retail is permitted. The PUD allows for 7 buildings with a maximum of 46,600 sq. ft.
At the corner of Greeno Road and Gayfer Avenue is the Greeno-Gayfer Medical Park. This site
was originally proposed and approved, in February 12, 2007, as a strictly "medical use" PUD. In
2013, the applicant proposed an amendment to the PUD to include government offices in the
allowed uses for the PUD. The amendment was approved on August 12, 2013 with the
following condition: 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 allowed uses (medical) authorized by the initial PUD approval.
Fairhope Comorehensive Plan Guidance
The subject property is located to the north of the Greeno Road Village Center at Greeno Road
and Fairhope Avenue.
ZC 17.05 861 Edwards Avenue
Edges: According to the Comprehensive Plan, the edges of Greeno Road commercialization
must have a clear edge —where it stops. At this time, the edge is not well defined. From
Fairhope Avenue going north, the zoning changes from B-2 to B-4, back to R-1 and then to the
Greeno-Gayfer Medical Park PUD at Gayfer Avenue and Greeno Road.
Implementation Matrix -Development Framework:
■ Define the commercial growth of Greeno Rd. with edges, thus, ensuring an appropriate ending
•.% create edges to commercial development on North and South Greeno Rd I
Extend commercial growth in proportion to population growth, not merely as a function of
A Only approve commercial growth that is contiguous to existing commercial activity, thereby
eliminating leap frog commercial development
Staff does have concern with commercial creep along Greeno Road to the north. However, the
Implementation Matrix on page 48 of the Comprehensive plan supports approval of
commercial growth that is contiguous to existing commercial activity, thereby eliminating leap
frog commercial development. The subject property is being proposed as B-1 zoning which is
contiguous to an existing B-4 zoned parcel, which would not present any leap frog commercial
development.
Commercial Land Use: Fairhope must continue to develop and utilize its strict sign ordinance
and landscaping requirements to prevent Greeno Road from becoming a bad example of strip
development. The proposed re -zoning of B-1 will require the subject property to come into
compliance with the landscape and sign ordinance requirements. The 2006 Comprehensive
Plan "While a "strip" commercial configuration exists, the City would utilize zoning policies to
limit the size and configuration."
City of Fairhope Comprehensive Plan Section 3, Visions and Goals include: Work to establish
and maintain neighborhoods with a sense of community and ties to neighborhood -based
businesses.
The location of the proposed bank on the largest corridor in the City would tend to support the
auto oriented use and not walkability or connectivity to the neighborhood. The location is one
dimensional in terms of walkability due to Greeno Road being a barrier to a pedestrian
connection to the east. Currently, there is one bank located in the immediate neighborhood
vicinity on the west side of Greeno Road.
City of Fairhope Comprehensive Plan Section 4, Land Use Plan. The Comprehensive land use
goals are silent with regards to this proposal. It appears that the site is located near the edge of
the Greeno Road Village Center. The Village Center does show Commercial/Office as a
possibility for this area; however, to date, Greeno Road has not developed as
Commercial/Office this far north, with the exceptions being the Green-Gayfer Medical Park and
the Dyas PUD at the corner of Greeno Road and Gayfer Avenue. The location for the proposed
bank appears to be in the residential district portion of the Comprehensive Plan Land Use Map.
City of Fairhope Comprehensive Plan Section 4.3 Development Framework. Village Centers in
the Comprehensive Plan, banks are supported in the Neighborhood Village Center. These
ZC 17.05 861 Edwards Avenue
centers are small and focused on providing neighborhood -level services, for example: grocery
store, personal services (dry cleaning, beauty salon, bank), restaurant and gas station. These
convenience uses can be provided in an area of 60,000 to 180,000 square feet on
approximately 8 to 18 acres. There appears to be some incongruence between the size
requirements allowed by the comprehensive plan and the free standing Commercial Structure
requirement in the zoning ordinance.
Commercial Nodes: The nodes allow commercial developments that are frequently
commercial convenience uses. Land uses such a gas station (nonrepair), bank, small shopping
center, drug store, and restaurants are likely candidates at these locations. It is important to
note that these nodes are just
that, nodes and are only to be at the corners of intersections. These nodes should not and must
not be the start of strip commercialization along the corridors.
Compliance with standards, goals, and intent of the Zoning Ordinance:
City of Fairhope Zoning Ordinance
Article 111 Section C. 4., Free-standing Commercial Structures
a. Any freestanding single use or tenant retail building in the Greeno Road Village Center
as contemplated in the Comprehensive Plan shall not have a building footprint larger
than 18,000 square feet.
b. Any free standing single use or tenant retail building in any other business zoning
district shall not have a building footprint larger than 8,000 square feet.
Article IV, Section 8.2
(b) In any district where a commercial/industrial use abuts a residential use,
screening/buffering shall be required. Acceptable screening/buffering shall
include a wall or fence of solid appearance, or tight evergreen hedge not less
than six feet (6') in height and a twenty foot (20') landscaped buffer containing
at least one (1) overstory tree and five (5) shrubs per every twenty-five linear
feet (25').
ORDINANCE NO. 1550 (known as the Low Impact Development Ordinance) amending
the City of Fairhope Zoning Ordinance 1253 shall apply.
General Impact and Compatibility Criteria:
Character of the surrounding property: The proposed development as a bank appears
consistent with the area on Greeno Road between Fairhope Avenue and Gayfer Road.
Adequacy of Public Infrastructure: Fairhope Public Utilities will provide electric service to the
above mentioned proposed development. Aid -to -construction charges will apply once
construction drawings have been submitted. Gas is available off U.S. HWY 98. According to Dan
McCrory, the following is available for the subject property: 12-inch water main and gravity
sewer lines.
8 ZC 17.05 861 Edwards Avenue
Impacts on natural resources, including existing and on -going post development conditions:
The subject property is a location that has been previously developed.
Compliance with other City laws and regulations: The City of Fairhope Landscape Ordinance
will apply.
Compliance with other Jurisdiction regulations and laws: The applicant is proposing access on
Greeno Road which will require ALDOT approval.
Impacts on adjacent property including noise, traffic, visible intrusions, potential physical
impacts, and property values: The proposed use as a bank is not anticipated to significantly
add to the impacts of the adjacent properties to the south and east as it fronts on Greeno Road,
which is a heavily used major thoroughfare with other low impact businesses. There could be
concern from the adjacent residential neighbors (zoned R-1) with regards to increased traffic
from the access of the development on Edwards Street. Again, the rezoning would create an
encroachment into the established neighborhood, setting a potential precedent for additional
commercial encroachment.
Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts and property values: The surrounding neighborhood may have some concern
with regards to an additional commercial building encroaching toward the north, along Greeno
Road.
Staff Recommendation to Planning Commission:
Upon the Planning Commission finding that this application is not commercial creep and leap frog
development, staff would offer a favorable recommendation.
Planning Commission Recommendation:
On July 3, 2017, the Planning Commission voted 5 to 1 to deny the request and forward an unfavorable
recommendation to the City Council to rezone the subject property from R-1 Low Density Single Family
Residential District to B-1 Local Shopping District.
ZC 17.05 861 Edwards Avenue