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Home My WebLink AboutO-1788ORDINANCE N O. 1788 AN ORDINANCE AMENDING ORDINANCE N O. 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 th e same hereby is chang ed and altered in respect to that certain property described belo w: After the appropriate public notice and hearing, the P lanning Commission of the City of Fairhope, Alabama has forwarded a fa vorable recommendation, The property ofFST 404 Oak LLC ( containing 0.18 acres , more or less, and zoned B-4) and located at 404 Oak A venu e, Fairhope, AL. PPIN # 14546 Legal Description: (Case number ZC 23.06) LOT 7-A "LOT 7-A" OF THE RE-PLAT OF PART OF LOTS 1, 2 , 7 , & 8 BLOCK 2, DIVISION 4 OF THE LANDS OFF AIRHOPE SINGLET AX MISCELLANEOUS BK 1 PGS 320-321 SLIDE 2853-E LEASE IN #1999899 A map of th e property to be rezoned is attached as Exhibit A. The property is hereby rezoned 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 u se said premises for any use permitted or build ing 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 . Notwithstanding the above statement of permitted uses, th e followin g us es shall not be permitted on th e subject property : automobile service station, co nvenience store, automotive repair facility, p ersonal storage, boarding house or dormitory, rec reational ve hicle park, ken nel or animal hospital, or a clinic. Furthermore, to preserve the character of th e existing structure, with an emphasis on the view from Oak St , the following restrictions apply to any new construction or additions: the existing roof shall not be altered except for tie-ins to new roofs ; the existing front fa<;ade shall not be altered except for minor changes, such as new paint colors; and all additions/expansions shall be located, at minimum ten (10) feet from the front lot line and shall not ex tend higher than the roof of the existing structure. 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 invalid ate or impair the remainder of thi s ordinance, which sh all continue in full force and effect notwithstanding such ho ld ing. Ordinance No. 1788 Page -2- Effective Date -This ordinance sh all take effect immedi ately upon it s due adoption and publication as required b y law. day of January, 2024 By: ____________ _ Corey Martin , Co uncil President Attest: By:L~___,, City Clerk Adopted and app roved this 22nd day of January, 2024 • Exhibit A: 404 Oak Avenue, Rezone: B-4 to B-2 (ZC 23.06) -Roads Zo ningD ist rict B·2 • General Business Oistnct • B-4 • Business and Professional District R-2 • Medium Density Single-Family C Parcels Planning Junsdicborl City of Fairhope Planning Commission January 22 , 2024 Planning Commission unanimously (6 Ayes, 0 Nays) voted to recommend approval of ZC 23.06. ZC 23.06 -404 Oak LLC iectName : 04-0a k Avenue eData: 0.18 acres Project Type : Rezoning Jurisdiction: _,_ _______ ~~~---- Fairh o pe Planning Jurisdiction Zoning District: B-4 --- PPIN Number: 14546 General Location : East si d e of N. Secti o n Street., South side of Oak Avenue . Surveyor of Record : N/A Engineer of Record: N/A Owner I Developer: I FST AL Coastal Hold in gs, LLC School District : --- Fairho pe Elementary School I Fairhope Middle and High Schoo l s Recommendation : I Approval w Conditions Prepared by : M ichelle Melton Legend -R01ds □Parcels C Corporate L1m111 Zonln9 c, .... flt.atlon 8-2 • General Bulineu District • B-3a • Tounat Re80rt lodgmg Oisbicl • B-4 • Bu111neu and Professional District a R-2 -Medium Oen111ty Single-Family • R-4 • Low OenSlty Mult1-F11n11ty R-5 • High Den111ty OweHng Residential Page 4 of6 APPLICATION FOR ZONING DISTRICT CHANGE Propertf, Owner / Leaseholder Informati Name: 8,-f' ALC.,,~f 11f;(J,~5 ULP hon e Numbe r : '2.S\ 54--54-LfO Street Address : _40~.l.J,l.!.":u::..Ll!:V~£.=------------------=------ City: --L.;!:£.3_~~------Sta t : -"-''-=-Zip : --=3 -=-G=5 -=3'-'2.. ____ _ Applicant / Agent Information II different from abov . Notanzed letter from property owner 1s required if an agent 1s used fo, representauon Name: Phone Numbe r : Street Address: City: State: Zip: Current Zoning of Property : Proposed Zoning/Use of the P roperty: ~~~<"'~ Property Address: 404 o~~ Av~, ~i~ot~ ,AL 3c,s3 z Parcel Number: --03-37-0-.5'03 Property Legal Description: ~ e~ • 'o"' c"'-e-" • ~ Reason for Zoning Change: ~-~ ht!.S ~ alloiv g. <<.~:t!k<:41.rl . 6-Z ,'oe..s . Property Map Attached Metes and Bounds Description Attached Names and Address of all Real Property Owners 0 NO within 300 Feet of Above Described Property Attached . NO Zoning Fee Calculation : Ref< rence: Ordinance 1269 I c rtify that I am the property ovmer/leaseholder of the above d scrib d property and hereb submit this application to the City fo r r view . *If property is owned by Fairhope Sin gle Tax Corp . an authorized Single Tax r presentative shall sign this application . ~ '6 /1..4. z. Dat ~ I ~I\., .. "b(vr'Jstn>,, ur Summary of Request: Applicant, AL Coastal Holdings LLC, requests the subject property be rezoned from B-4, Bus i ness and Professional District to B-2, General Business District. The property is located at 404 Oak Avenue and within the Central Business District {"CBD "). Applicant desires to util ize the subject property as a restaurant, which is allowed in B-2 , but not in B-4. Figure 1 : Map of subject and adjacent properties. Comments: .. ,1 Zon ·ng I B-1-oca l Shopp· g o:.-ia B-• Ge eral B siness s ·a I B-• B s ness and Profess ona l s ·a ... The subject property was approved with conditions for a MOP in case SD 22.21 in August 2022. SD 22 .21 allowed for four mixed -use units . Mixed uses are allowed in all the "B" zoning districts. Restaurants are only permitted by right in B-2 and B-3{b), and are not allowed in B-4. Pursuant to Article V, Section B{3), since the subject property is within the CBD, re -zoning approvals may be done conditionally so that some allowed uses within the rezoned district may not be allowed for a particular location. For example , an Automobile Repair Station is not a desired use for this location although an allowable use. 1 An y futur e rezoning in th e CBD over lay may be co nditi oned so th at the goa ls and int ent of the Co mprehen sive Plan and Artic le V., Section B.1 . of the Zoni ng Ordinance are achieved . ZC 23 .06 Rezoning 404 Oak Avenue from B-4 to B-2 -October 2, 2023 Table 3-1 Zo:ninr Di,-aict Us e~ Cate,orie, I -N ,:I ~ ~ S1>ecifi c Us u d: rD co co Dwitllin1 Single-f.ami.ly • • • • • Two-bmilv • • • • Townhouse 3 3 3 P .aiio Home Multiple-family / Ap U1ment 0 0 M munctured Home Mmed-~ • • • • • Acce~~Or}' Dwelling 3 3 3 3 3 Esbt.e ·-Offitt Gener.al • • • • Profess ional • • • • Home Occupat ion 3 3 3 3 ll Retail Gr ocen• • • • Connnience Store ll 3 ll Gener.al M erchandise • • • Shonn ing Cent er • Automobile Sen-ice Station 0 0 Outdoor Sal.s Limited 0 Outdoor Sale.; L ot 0 G.u-den Center 0 0 Semce Conn.lucent or ~ur..inl!: Home 0 0 0 0 Clinic 0 0 0 Outdoor Recrution F ,cilitv 0 0 • 0 Dav Care 0 0 0 0 Gener.al Per-..onal Sei,'icu • • M ortu~ or Funer.al Ho me 0 0 Automob ile Re1>ilir • Indoor .Recreation • • 0 Drv Cleaner / L aundrv • 0 Per5onal Storage 0 ll 3 Bed & Breakrut • 0 H otel / Motel 0 0 0 Boardinr Ho u!.4! or D ormitory • • • Recreational Vehicle Park 3 ; Re'.">taur.m.t 0 • 0 • Bar • 0 • Entertainment Venue • 0 Marina 0 0 Kennel or Anim al Hospital 0 0 Wan!hou se J mil: Yard or S,1lnge Y a:rd .. _. ___ 2 ZC 23 .06 Re zoning 404 Oak Avenue from 8 -4 to 8 -2 -October 2, 20 23 Figure 2 : Google Street View last visited on September 11 , 2023 . The Zoning Ordinance defines B-4 Business and Professional District as follows: "B-4 Business and Professional District : This district is intended to provide opportunity for business establishments of a professional nature and is restricted to offices and businesses , which provide specific corporate functions or professional services to the general public ." See Art. Ill, Section A(14}. The Zoning Ordinance defines B-2 General Business District as follows: "8-2 General Business District: This district is intended to provide opportunity for activities caus i ng noise and heavy traffic, not considered compatible in the more restr ictive business district. These uses also serve a regional as well as a local market and require location proximity to major transportation routes . Recreational vehicle parks, very light production and processing activities are included . See Art. Ill, Section A(ll}. There is an Easement Agreement recorded as Instrument#: 1962444 and included in the packet. The easement is to the benefit of the subject property as it is a 20 ' easement across the southern 20' of 406 Oak Avenue . Applicants are aware of the easement. Applicants are also aware that to use the subject property as a restaurant there may be additional parking and utility requ i rements . As the restaurant concept develops a Site Plan Review may be generated that will come before the Planning Commission and City Council only if the 3 ZC 23 .06 Re zoning 404 Oak Avenue from B-4 to B-2 -October 2, 2023 triggers of Article 2, Section 2 within the Zoning Ordinance are initiated. Otherwise, permits may be Staff Review only. A Re -Zon i ng Request is considered a Zoning Map Amendment and the application is reviewed pursuant to the Criteria in Art. II, Section B(l)(e). {1} Compliance with the Comprehensive Plan; Response: The 2015 Comprehensive Plan states that downtown Fairhope is the ultimate Village Center. The subject property is within downtown and meets the form, function, and design standards because it is a source for both tourists and locals . It accomplishes this as B-4 and as B-2 . (2) Compliance with the standards, goals, and intent of this ordinance; Response: Meets. Some allowable uses are not ideal for this location and use changes will be vetted accordingly. {3} The character of the surrounding property, including any pending development activity; Response: Meets. Use as a restaurant will complement the current situation and future development act ivity, such as a hotel, which has been approved for the property immediately adjacent . (4) Adequacy of public infrastructure to support the proposed development; Response: Meets. Already an existing structure with utilities. Applicant plans to add a larger commercial kitchen, which may require additional demands on infrastructure. Parking may also be an issue as the restaurant concept develops . (5) Impacts on natural resources, including existing conditions and ongoing post-development conditions; Response: Meets . This zoning change w i ll not negatively impact natural resources o r current/future conditions. (5) Compliance with other laws and regulations of the City; Response: Meets. Any future development is subject to all applicable laws of the City . {6} Compliance with other applicable laws and regulations of other jurisdictions; Response: Meets . Any future development is subject to all applicable laws . (7) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and Response: Staff does not anticipate any significant issues relating to this criterion currently . Staff has not supported some request to rezone property to B-2 in the general vicinity . However, those properties directly abutted the edge of the CBD or gully . The subject property abuts neither. (8) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. 4 ZC 23 .06 Rezoning 404 Oak Avenue from B-4 to B-2 -October 2, 2023 Response: Staff does not anticipate any significant issues relating to this criterion currently . Recommendation: Staff recommends approval of ZC 23 .06: rezoning 404 Oak Avenue from B-4 to B-2 with the following conditions: 1.) Regardless of the allowed uses in Table 3-1 of the Fairhope Zoning Ordinance, the following uses shall be prohibited on the subject property: a. Automobile Serv ice Station b. Automobile Repair c. Personal Storage d. Boarding House or Dormitory e. Recreational Vehicle Park f. Kennel or Animal Hospital g. Convenience Store h. Clinic 5 ZC 23 .06 Rezoning 404 Oak Avenue from B-4 to B-2 -October 2, 2023 . I _________ j_ ________ _ -N SfCTIOi ST------...,Jc-•-r-,-:.,.,- 1 i ' ~ j m l--+,.......'---1--, , h Ii ! . -------1 .________.._.__ •-~ N BANCROFT ST ' I ·: 1--...1__J-----1 ~-~. ~J.~~-1 ~· l---...._-4-_.J.-✓. 1 ~ I ~---g l ' ► 1-----' 5 ·-·---------- : -----------j -,--..----------N~UMM I I l I + ! -------------------1 ------------------~ ! i ~ __________________ j " I ~ ___________________ j ,. 1 -----------------1 -----------------.1 i ! I ! j ! ! ! ----+--·~----i-·--~ : : , I ' ' ' ' ' I I I , , ' I I ! I i I! ! Metes and Bounds Description @_QUNDARY DESCRIPTION: THE EAST 10 rEEl or LOT ONE 11) TH[ EAST 10 0 FEE 1 m THE NORl H HALF' OF LOT TWO 12) THE WE5T 71 0 FEEl OF THE NORTH HALF or LOT SEV(N 17) ANO THE WEST;-, 0 FEET OF LOT EIGHT (8) BLOCI< TWO (2) DIVISION FOUR (41 LANO<; or THt rAIRHOPF SINGLE TAX CORPORATION IN THE CITY OF ff.JRHOP[ ALABAMA OEING APPROXIMATU y l\l Fl.:.[T UY 99 rE.n AS RECORDED IN Ml$('. BOOK 1. PAGES 320 -21 PHUHATL HECOROS l!ALDWIN COUNT'i' ALABAMA FRAC L SFCllON 17 TOWNSHIP6 SOUTH RANGE '} E.AST I L. AN l ·ASFMl:NI FOR INGRESS ANO EGRESS ACROSS THE SOUTH 20 FEET OF 406 QAI( IWt" NUt Legal Description LOT 7-A "LOT 7-A" OF THE RE-PLAT OF PART OF LOTS 1, 2, 7, & 8 BLOCK 2, DIVISION 4 OF THE LANDS OF FAIRHOPE SINGLE TAX MISCELLANEOUS BK 1 PGS 320-321 SLIDE 2853-E LEASE IN#1999899 BALDW IN COUNTY , ALABAMA HARRY D'OLIVE , JR . PROBATE JUDGE (0 Fil ed/cert . 12 :06 :2021 01 :02 :06 PM 0) Total : $28 .00 N ~ STA TE OF ALABAMA COUNTY OF BALDWIN EASEMENT AGREEMENT 6 Pages ~ ~ I This Easement Agreement is entered into on the -l!L . day of -+-./)2-~ . .,,._~c,;,_. "-------' 2021, by and between PETER F. SIKOROWSKI & LAURJE S. SIKOROWSKI, HOUSTON HOLDINGS OF FL, LLC , and the FAIRHOPE SINGLE TAX CORPORATION (hereinafter "the FSTC"). WHEREAS, PETER F. SIKOROWSKI & LAURIE S. SIKOROWSKI are the leasehold owners of certain property, commonly known as 404 Oak Avenue , Fairhope, Alabama, 36532, and more particularly described as follows: 1be East 10 feet of Lot One ( 1 ), the East 10. 0 feet of the North Half of Lot Two (2), the West 71.0 feet of the North Half of Lot Seven (7), and the West 71.0 feet of Lot Eight (8), Block Two (2), Division Four (4), lands of the Fairhope Single Tax Corporation in the City of Fairhope , Alabama , being approximately 81 feet by 99 feet, as recorded in Misc. Book 1, Pages 320-21, Probate Records, Baldwin County, Alabama, Frac 'l Section 17, Township 6 Soufu, Range 2 Bast. 46-03-37-0-007-068.503 WHEREAS, HOUSTON HOLDINGS OF FL , LLC is the leasehold owner of certain property , commonly known as 406 Oak Avenue, Fairhope, Alabama, 36532, and more particularly described as follows: The East 61 feet of Lot Eight (8) and the East 61 feet of the North Half of Lot Seven (7), Block Two (2), Division Four ( 4), lands of the Fairhope Single Tax Corporation in the City of Fairhope, Alabama, being approximately 61 feet by 99 feet, as recorded in Misc. Book 1, Pages 320-21, Probate Records, Baldwin County, Alabama, Frac'l Section 17, Township 6 South , Range 2 East. 46-03-37-0 -007-068.513 NOW, THEREFORE, for and inconsideration of the sum often dollars ($10.00 ) and other good and valuab le cons ideration, the receipt of which is hereby acknowledged , and the covenants Page 1 of 6 and agreements contained herein, PETER F. SIKOROWSKI & LAURIE S. SIKOROWSKI and HOUSTON HOLDINGS OF FL, LLC, being the leasehold owners of 404 Oak Avenue and 406 Oak A venue, as described above, do hereby agree and bind themselves and their heirs or assigns as follows: 1. There currently exists a 20-foot Easement for ingress and egress , for the benefit of 404 Oak A venue, across the South 20 feet of 406 Oak A venue, the Easement more particularly described as fol.lows: The South 20 feet of the East 61 feet of the North Half of Lot Seven (7), Block Two (2), Division Four ( 4), lands of the Fail'hope Single Ta,x Corporation in the City of Fairhope, Alabama, as recorded in Misc . Book 1, Pages 320-21, Probate Records , Baldwin County, Alabama, Frac'l Section 17, Township 6 South, Range 2 East. 2. The terms and conditions of this easement agreement may be amended, from time to time, upon the joint agreement of the owners of 404 Oak Avenue and 406 Oak Avenue. Any amendment shall be in writing and recorded in the Office of the Judge of Probate of Baldwin County, Alabama. 3. This easement agreement shall be deemed to be a covenant running with the land and any future leasehold ovmers of 404 Oak Avenue and 406 Oak Avenue shall be bound by the terms and conditions of this agreement. 4. This easement agreement is subject to the terms and conditions of the 99-year ground ]ease issued to each leasehold owner by the FSTC and by the laws of the State of Alabama. 5. The FSTC does hereby join in this agreement for the purpose of aclmowledging the terms and conditions of this agreement and no more. Page 2 of 6 IN WITNESS WHEREOF, we have hereto set our hands and seals on this the$_ day of }\Jl)V ,2021. I LEASEHOLD OWNERS OF 404 OAK A VENUE ~ STA TE OF ALABAMA ) BALDWIN COUNTY ) I, --+--=-'-''-"":.:c..,_--v,=-=--A----------' A Notary Public, in and for said County rn said State, hereby certif at PETER F. SIKOROWSKl, whose name is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he executed the same voluntarily on the day the same bears date. Given under my hand this --'-dd---"-"'__,__ __ day of J\u\}~~ 2021. ~ ~ Notary Public My Commission Expires: S-f 'D • ~ Page3of6 LEASEHOLD OWNERS OF 404 OAK A VENUE STATE OF ALABAMA ) BALDWIN~UNTY ) I, J._1._i--l-vAR. L DA.~ A Notary Public, in and for said County in said State, hereby certify that LAURIE S. SIKOROWSKI, whose name is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that , being informed of the contents of the instrument, she exec ted the same voluntarily on the day the same bears date. Page 4 of 6 STAIB OF ALABAMA ) B AL DWIN COUNTY ) LEASE HOLD OWNER OF 406 OAK A VENUE H~ BY: HENR'( A. WISE, IV ,,,,,- AS ITS: /Yl IA.f\a.r-r I, ~ M • /tM 6n c/ . A No tary Public. in and for s ~~ County in said State, hereby certify that HE RY A. . WISE . IV, as ~l ti l:'.I 4 ~-e, k'--: for HOUS TON HOLDINGS OF FL, LLC, and with full authority t~~ whose name is signed to the foregoing instrument and who i s know n to me . acknowledged before me on this day that , being informed of the contents of the ins trument , he executed the same vo luntarily on the day the same bears date . Given und er my h and this 2-," d day of ~021. ~-~· Notary Pu blic Page 5 of 6 FAIRHOPE SINGLE TAX CORPORATION STATE OF ALABAMA ) ~_/~ By : Lee Turner Its: President ---- BALDWIN COUNTY' /. f) I' / I , Ji ~r+ev: t,/ av\.<; U {Av\ irt'P ·, A Notary Public, in and for said County in said State, hereby ce1tify that FAIRHOPE SINGLET AX CORPORATION by and through LEE TURNER as its PRESIDENT, whose name is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he executed the same voluntarily on the day the same bears d e . Given under my hand this 5~ day of_.....::.."rt-"V:......Y?""'=i-R~'--,,__, 202 1. THIS lNSTRUMENT PREPARED BY: Benton & Lipscomb 200 Fairhope Ave Fai1hope, AL 36532 251-928-0282 Page 6 of 6 June 6, 2022 Mr. Richard Johnson , PE City of Fairhope 555 S. Section Street Fairhope, Alabama 36532 BARTON & SHUMER ENGINEERING , LLC 3213 MIDTOWN PARK SOUTH MOBILE, Al 36606 251.219.4942 www.bartoneng.com RE : 404 Oak Avenu e MO P -Drain age Narra tive Dear M r. Johnson : A Multiple Occupancy Project is proposed at the existing residence at 404 Oak Avenue which is located in the southwest quadrant of the intersection of Oak Avenue and North Bancroft Street . The site slopes toward the northeast with existing inlets on the north side of Oak Avenue and the east side of Bancroft Street . Bancroft Street ha s a significant northward slope beyond Oak Avenue where any runoff will enter a natural drainage feature that drains to Mobile Bay . The existing residence is located on multip le parce ls and has an existing driveway with aggregate parking . The project consists of reno vati ng the existing reside nce to provide for res identia l and commercial uses . No changes to the foot print of the structure o r grading of t he site are proposed as part of t his project that would alter the existing runoff flow pattern . Sincerely, \. David M . Shumer, P.E. AL P.E. #241 09