HomeMy WebLinkAboutO-1716ORDINANCE NO. 1716
AN ORDINANCE AME DING ORDINANCE NO. 1253
KNOW AS THE ZO ING ORD INANCE
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 of the Planning Commission of the City of
Fairhope , Al abama has forwarded a favorable recommendation ,
The property of FST Wise Properties-TN, LLC generally lo cated at the Northeast corner of
Bancroft Street and Pine Avenue intersection, Fairhope , A lab ama.
PPIN #: 386620
Legal Description: (Case number ZC 21.04)
Lot 1, Bancroft & Pine Subdivision , A Resubdivision of a portion ofBlock 15 , Division 4,
City of Fairhope as recorded on Slide 2721-E in the office of the Judge of Probate ,
Baldwin County , Alabama .
The property is hereby rezoned from B-4 Business and Professional District to B -2 General
Business District. This property shall hereafter be lawful to construct on such property any
structures permitted by Ordinance o . 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 bui lding laws of
the City of Fairhope and that any structure sha ll 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 inva lid for any reason , su ch holding shall not be construed to invalidate or
impair the remainder of this ordinance, which shall continu e in full force and effect
notwithstanding such holding.
Effective Date -This ordinance sha ll take effect immediately upon its due adoption and
publication as required by law .
Adopted and approved this 12th day of July, 2021 .
Attest:
By ~;114L
~anl&c
City C lerk
Adopted and approved this 12th day of July, 2021.
City of Fairhope
City Cou nci I
June 28, 2021
ZC 21.04 -Rezone property from B-4 to B-2
Project Name:
Bancroft and Pine B-4to B-2
Site Data:
.25 Acre
Project Type:
Re-zoning Request
Jurisdiction:
Fairhope Planning Jurisdiction
Zoning District:
B-4
PPIN Number:
386620
General Location:
Northeast corner of Bancroft St and Pine
Av intersection .
Surveyor of Record:
David Diehl, SE Civil
Engineer of Record:
Larry Smith, SE Civil
Owner I Developer:
John Wise
School District: --
Fairhope Elementary School
Fairhope Middle and High Schools
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Recommendation:
Approved w/ Conditions
Prepared by:
Hunter Simmons ----
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Legend
IJ:p coF Corp . L1m1ts
B-2 -General Business District
• B-3a • Tourist Resort lodging District
• S-4 • Business and Professional Oistnct
-P-1 -Parkng
R-2 • Medium Density Single-Family
COF PlaMing Juri&diction
Summary of Request:
The applicant is requesting to rezone the subject property from B-4, Business and Professional District to B-2 ,
General Business District. The property is approximately .25 acres and is located at the NE intersection of
Bancroft St and Pine Av.
The subject property is a lot created in 2020 by the subdivision of parcel 05 -46 -03 -37 -0-007 -069 .504 (Subject
property is shown as Lot 1 in the image below):
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As a point of clarification , the application incorrectly requests re -zoning for parcel 05 -46-03 -37 -0-007 -069 .504, but the
subject property has been assigned a new parcel number; 05 -46-03-37-0-007-069 .507 . The la tter parcel number, which
is also PPIN 386620, is the correct parcel. The applicant's maps correctly reference the correct parcel within the
application .
The subject property, like it's parent parcel , is currently zoned B-4 . The applicant would like to re-zone the property to
B-2 and construct a mi xed -use development . The subject property is located w ithin the Central Business District (CBD).
Generally, B-4 is located on the perimeter of the CBD where properties are next to residential neighborhoods. As seen
in the illustration below, the subject property is bordered by B-4 to the north and east. Other properties at the
intersection of Bancroft and Pine are currently zoned B-2.
1 ZC 21 .04 Bancroft & Pine B-4 to B-2
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Comments:
Due to the location of the property, and the character of adjacent property, the proposed zoning change does not appear
to conflict with the vi sion and goal s of the City's comprehensive plan . However, the Plann i ng Commi ss ion recently
recommended a zoning text amendment that, to summarize, would require 50 % of the ground floor of buildings i n the
CBD to be commercial. The City Council will soon consider the proposed amendment. Article V, Section B.3 of the City 's
Zoning Code reads :
Uses -All uses permitted in the underlying zoning district are allowed in the CBD Overlay , provided that
uses of property shall meet the intent of the Comprehensive Plan and Section E.l of this Article . Any
future rezoning in the CBD overlay may be conditioned so that the goals and intent of the
Comprehensive Plan and Article V ., Section 8 .1. of the Zoning Ordinance are achieved .
Because the proposed text amendment is 'in progress ' and the Zoning Ordinance states "Residential and office is
encouraged on the upper floors of buildings; lower floors are encouraged to be retail or restaurants " staff re commend s
adding a condition that mimics the intent of the proposed zoning text change amendment.
Recommendation:
Staff recommends Case : ZC 21.04 Bancroft & Pine 8-4 to 8-2 be Approved with the following conditions:
2
1. A m i nimum of 50 percent of the gross floor area on the ground floor of any building on subject
property shall be dedicated to commercial use s. For the purpose s of this calculation , gross floor
area is defined as the total floor area contained on the ground floor within a bu i lding measu red
to the external face of external walls and shall include, but not be limited to, internal service
areas , internal parking, internal stairwells, and internal common spaces . Reta il and restaurant s
are encouraged on the ground floor adjacent to public streets .
ZC 21.04 Bancroft & Pine 8-4 to B-2