HomeMy WebLinkAboutO-1721ORDINANCE NO. 1721
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 Fairhope Single Tax Corporation and MPM Investments LLC is generally
located on the west side of State Highway 181 , approximately 200-feet north of Windmill
Road in Fairhope , Alabama.
PPIN #: 14533
Legal Description: (Case number ZC 21.07)
BEGINNING AT A CAPPED REBAR (FAIRHOPE) AT THE SOUTHEAST CORNER
OF ELLINGTON PLACE , AS SHOWN BY MAP OR PLAT THEREOF, RECORDED
AT SLIDE 2221-A, BALDWIN COUNTY PROBATE RECORDS, AND RUN THENCE
NORTH 00 DEGREES 34 MINUTES 38 SECONDS EAST, ALONG THE EAST
MARGIN OF SAID ELLIGTON PLACE, A DISTANCE OF 394.48 FEET TO A
CAPPED REBAR (ILLEGIBLE) AT THE SOUTHWEST CORNER OF GAFFORD
SUBDIVISION, AS SHOWN BY MAP OR PLAT THEREOF RECORDED AT SLIDE
2106-E, BALDWIN COUNTY PROBATE RECORDS; THENCE RUN SOUTH 89
DEGREES 39 MINUTES 29 SECONDS EAST, ALONG THE SOUTH MARGIN OF
SAID GAFFORD SUBDIVISION, A DISTANCE OF 409 .83 FEET TO A CAPPED
REBAR (FAIRHOPE) ON THE WEST RIGHT-OF-WAY OF ALABAMA HIGHWAY
181; THENCE RUN SOUTH 00 DEGREES 28 MINUTES 07 SECONDS WEST , ALONG
SAID WEST RIGHT-OF-WAY , A DISTANCE OF 186.59 FEET TO A REBAR (NO
. CAP); THENCE DEPARTING SAID WEST RIGHT-OF-WAY, RUN NORTH 89
DEGREES 33 MINUTES 46 SECONDS WEST, A DISTANCE OF 313.06 FEET TO A
REBAR (NO CAP); THENCE RUN SOUTH 00 DEGREES 26 MINUTES 40 SECONDS
WEST, A DISTANCE OF 208.62 FEET TO A REBAR (NO CAP) ON THE NORTH
RIGHT-OF-WAY OF WINDMILL ROAD; THENCE RUN NORTH 89 DEGREES 32
MINUTES 13 SECONDS WEST, ALONG SAID NORTH RIGHT-OF-WAY , A
DISTANCE OF 97.61 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS
2.22 ACRES , MORE OR LESS .
A map of the property to be rezoned is attached as Exhibit A
The property is hereby rezoned from RA Residential/Agriculture District to B-4
Business and Professional 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 law s, including the requirements of Ordinance No. 1253.
Ordinance No. 1721
Page -2-
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 and approved this 9th day of August, 2021 .
Attest:
By~-4/41~
~anks .NIMC
City Clerk
Adopted and approved this 9th
GAFFORD SUBDIVISION
SUD£ 2106-£
I
I --------------,----.
JO FT. INGRESS/[GRfSS I
LOT 10 ~t-----------------;e,.l,,"O,o,o,, .. ,,,---...,;;a-;;...,,.-------------...l...---~=-+~
IO('Sf-10"(Jt) I -
___ ,..._ __ _
~~·
~
~
~ ~
50.00.(A&R) i
____ .. __ _
f --------------------r., Ul -------------------------,
I I
I I
I I
I I
I I
I I
I I
I I
I I
I I
I ;!1
I •I
I 2.22 AC .t t!I
I I
I I
I I
I
I
I
I
I
I
I r-----------__________ is· 1.s.i.. _____________________ J I
I
I ,, ,.
'• I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
~I .,
;,
I
I
I
I
I
I
I
I
I
I
I : ~i
I
I
I
I
I
I
I
I I
L--~~--.J
WINDMILL RD .
(65' PUii.JC R./W)
_____ .. __ __
(11)$83't°JIJ.Of"
H851"35°4tl"W J13.0!'
,.,_ ... ~~~~ ~·--.~..::.·,.. ...
fLOOO STATEMENT
"'IQPOl"T'l'UC$ .. f\.000l(;J<C".-o
5ClllLll r-'1.000 lfl-.WCC H1'C II AP
...... O,OOJCOMJM.CC..IILNIV ........
~-~~ OM:>. !UIYD: "M". O•-.ctl
BUILDING SE TBACl<S AS PER Cl TY OF
F Al RH OPE ZONING:
R/A -RESIOENTIAL/ACRICUL TUR AL
FRONT : 75 H .
REAR: 75 ff.
SIDE: 25 ff.
SIDE STREET: 50 FT.
I
I
I
I
:i
1,
1§
I~
1_•
I~
I
I
I
I
:-i (E."-::_7-
~ ! ~J. . .::.:·-,, ~""
IQ·••-·
======·"'"::.::'"'-
SU RVEYOR'S NOTES:
SURVEYOR'S CERTIFICATE :
STATEorAL"8AMA
COVNTY 0f" 8AUIWIN
\IIE, S.[ Cl._,L, UC. A F"IRM or UCCNSED [NCINE[RS .\NO LANO SURVEYORS 0f" f"".t.lRl'loPE. -'I.ASAMA.
HERCBT STATE THAT M ABO~ IS A CORRECT MAP OR PLAT OF THE f""Ol.L0¥11NC 0ESCRl8[0
PROPERTY Sllt)ATED IN 8-'l.O'l'l!N COUNTY • .t.t.ABAMA.. TO-'fU
&CINNINC A.T A. CAPPED A£BA.A (f""~) A.T TH[ SOUTMCA.ST CORNER OF ElUNCT()li PL.ACE. AS
SHOWN BT MAP OR PlAT THEREOF. RECORDED AT SI.JO[ 2221-A.. 8-'l.OWIN COUNTY PROBATE
REC~S. ANO RUN Tl-lENCC NORTH 00 OECRfES .3-<I MINUTES 38 SECONDS EAST. AI...ONC THE CAST
MARON OF SAi) EWCTON PL.AC(, A OISTA.NCE OF J94.4tl FUT TO A CAPPCO REBA.A (ILLECIBI.E) AT
THE SOVTH-.E:ST CORNER or CAFF"ORO SU80IVISION. AS SHO'MII BT MAP OR Pt.AT THEREOf"
RECORDED AT SI.JOE 2106-C, BAL0¥11N COUNTY Pf!OBATE ACCORDS: THENCE AVN SOUTH 89
DECREES J9 Mll'IJ TES 29 SECONDS EAST. AlONC THE SOVT"M MARCIN 0f" SAID CAFTOAO SUBOl'v!SION.
A DISTANCE or 409.SJ r[[T TO A CAPPED A£BA.A (F"AIRHOPE:) ON T"M[ WEST lhCIH-or-wAY or
-'I.ASAMA HICHWAY 181: THENCE RVN SOUTH 00 DECREES 28 Mlff.JTES 07 SECClNJS -.E:ST, -'LONG
SAID W[ST RICHT-or-WA Y. A DISTANCE or 186.S9 Ft[T TO A REBA.A (NO CAP): T"M(NCC OEPAAllNC
SAID W[ST AICHT-Of"-WAY. RVN NORTH 89 OECffCES JJ MINUTES 46 SECONDS \ll(ST. A OISTANC[
or J1J06 rcn TO A R£8A.A (NO CAP). TH[NC[ RVN SOUTH 00 OECRC(S 26 MINUTES 40 SECONDS
¥,£ST. A DISTANCE or 208.62 Ft[T TO A RCBA.A (NO CAP) ON THE NOATl-1 lhCHT-or-wA Y or
"tl!NOMILL ROAO: THENCE RUN NORTH 89 DECREES J2 MINUTES lJ SECONDS WEST. ALONC SAID
NORTH RICHT-OF"-WAY. A DISTANCE or 9761 f((T TO TH£ PONT OF 9ECINNINC TR ACT CO<TAIIIIS
2.22 ACRES. MOR[ OR U:SS.
I H(A[8Y C(RTIFY THAT ALL PARTS or THS SURVE Y ANO ORA flll NC HAY[ B[EN CCIMPU'.TCD IN
ACCOROA.NC[ "!\!TH THE CllRRCNT RCOUIR[MENTS Of" THE STANDARDS Of" PRACTIC£ FOR SUR~YINC
11,1 THE STAT[ or ALAB AMA TO THE 8£ST or MY l(N0WU:OC£, INFORMA TION. AND &ucr. ----~o 9Vk lmi __ _
SE ow_ LLC ()Al[
OA'AO [. DltHL AL. P.LS. NO 26014
SIJRV[Y HOT VALD IIITHOUT OAICINAL SICNATURC ANO SEAL.
BOUNDARY SURVE Y
MPM INVESTMENTS, LLC
City of Fairhope
City Council
July 26, 2021
ZC 21.07 -Rezone from R-A to B-4
Project Name:
Windmill Road and H~y 181
Site Data:
2.22 acr_es --------
Project Type:
Rezoning
Jurisdiction:
Fa i rhope Corprate Limits
Zoning Dj strict:
R-A to B-4
PPIN Number:
14533
General Location:
West side of State Highway 181, approx.
200ft north of W i ndmill Rd .
Surveyor of Record:
Sm i th, Clark & Associates
Engineer of Record:
Smith, Clark & Associates
Owner I Developer: , +---,
FST MPM INVESTMENTS LLC
School District:
Fa i rhope Elementary Schoo l
Fairhope Middle and High Schools
Recommendation :
Approved w/ Conditions
Preparedi by:
Samara vyalley •
Leg end
.-~or:baC::l~::_~-baN_GISI _Planlme1ric_0&nliHWle,_i&
if 8--4 -8usineu and ProfeMiona I Oiltrict
PUO. Plant141d Unit 0.velopm8fl1
R-1 • Low O.n&ily Sl~le-Fami t,
• R-2 • Medium 0.n&ily Singl&-Famit,
R-6 • Mobile Home Park Dill rid
• R-A · Relideni..11~111,,e Dil1ricl
COFPllinlllflllJuriadidion
Summary of Request:
FST MPM INVESTMENTS LLC is requesting to rezone property from R-A Residential/Agricultural Distr ict to B-4
Business and Professional District . The property is approximately 2.22 acres and is located on the west side of
State Highway 181, approximately 200 ft north of Windmill Rd.
The applicant has provided a narrat ive to justify their request . They state that with the expansion of Highway
181, commercial development is inevitable . The area is wooded and does not appear to have attracted any
interest as it current zoning classification . Due to their location outside of a village core, the applicant believes
that the request for B-4 zoning is more appropriate as it allows for less intensive uses .
Comments:
The drawing illustrates an "L-shaped" lot with frontages on Windmill Road and Highway 181. It is bounded to
the North by R-1, Low Density Residential District, to the West by PUD, to the South by PUD (across Windm i ll
Road) and B-4, Business and Professional District, and to the East by B-4 Business and Professional District and
R-2 , Medium Density Single Family Residential District (across Highway 181).
The Zoning Ordinance defines B-4 Business and Professional District as follows:
"8 -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."
Criteria -The application shall be
reviewed based on the following
criteria:
(1) Compliance with
Comprehensive Plan;
Response:
the
Since 2001, the Comprehensive Plan
supported a village concept, with
village cores containing the highest
intensity of business uses. The
nearest core radiates from the
intersection of Highway 181 and
Fairhope Ave. The subject site does
not fall within the area of influence of
this village center as shown of the
map below.
1
..
I I ., j
..... ,,
~r
I ' . ' . '
WJi~Ot .
I .. i 1 A ,
-. . .
'.ff ,,
-· _J
-u•, .. -.. . . . . . . . ' .. ' -·~,.~--;:;-::-··:_ 7'"~::::...· ... : .. :.:·-"/ -·----
., \,ou..•D.
Drawing p rovided by S.E. Civ il
ZC 21.07 Windmill Road and Hwy 181-May 3, 2021
. ---
Staff finds that because the subject property
does not fall within a village center, as
defined by the Comprehensive Plan, it is
more appropriate to request a lesser
intensive zoning. Staff is in agreement with
the applicant's claim that a request for B-4
~~~:§~1i~ zoning would be more appropriate.
lllc.J~~,. .l~~'-~~~~.,.,f"J•~~;.~ (2) Compliance with the standards,
• goals, and intent of this ordinance;
Response: As stated by the applicant, the
Zoning Ordinance states the following about
R-A Residential/Agricultural District in
Article Ill, Section A.1., "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." This line implies that changes will occur . Staff finds that the applicant has taken a
consideration to the surrounding properties when making the request for B-4, Business and Professional
District .
(3) The character of the surrounding property, including any pending development activity;
Response: There is a variety of adjacent zoning types . When development occurs, buffers may be required in
accordance with the City of Fairhope Zoning Ordinance.
(4) Adequacy of public infrastructure to support the proposed development;
Response : The applicant states that water and sewer lines exist along Windmill Road that can service the
subject property.
(5) Impacts on natural resources, including existing conditions and ongoing post-development conditions;
Response: The applicant has no known plans of construction or redevelopment at this time. Additionally, there
are no known natural features present.
(6) Compliance with other laws and regulations of the City;
Response: There is no development proposed at this time. At the time of any redevelopment all applicable
laws of the City will be applied . If granted, "Uses Permitted subject to general ordinance standards and
conditions" will be allowed "by right". "Uses Permitted subject to special conditions listed in the ordinance" or
"Uses Permitted only on appeal and subject to special conditions" may be subject to additional approval.
Minimum building setbacks are illustrated on the submitted boundary survey. However, according to the
applicant, these are R-A setbacks. The applicant intends to revise the setbacks once the rezoning application
is approved. Due to the unique shape of the subject property, Staff has proposed the following:
• 60' minimum building setback along Highway 181
• 20' minimum building setback along Windmill Road
• 20' minimum building setback along the northern and western property lines
• 10' minimum building setback along the interior property lines as shown on the drawing
2 ZC 21.07 Windmill Road and Hwy 181-May 3, 2021
'I ,l I.ti :it•
11!,i ~~
! 11· i !
;
~:o:.,!-1.,::,~·
,:....it_A
I:
... _.,_ .. ., ......
., "'~•···£,"'::t~· .. -
W INDMILL RD.
_J_N.:._POIIJCtf~
u,•-..,-.,...:;-••
.';,::-,,~.'1,
1-
1. ..
Drawing provided by S.E. Civil ; se tbacks emphasized by Planning Staff
(7) Compliance with other applicable laws and regulations of other jurisdictions;
Response: At the time of a redevelopment all applicable laws will be applied .
(8) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and
property values; and,
Response: Because the applicant has not expressed any plans in terms of future use, Staff cannot anticipate
any significant issues relating to this criterion at this time. However, if the property is developed commercially
in the future, various impacts may be present. Buffers and landscaping may be required per the Zoning
Ordinance . It is also important to note that if the property is recommended for approval by Planning
Commission and approved by City Council, it is possible that there will not be another public hearing . Building
permits would be reviewed by Staff prior to any construction .
(9) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical
impacts, and property values.
Response: Staff cannot not anticipate any significant issues relating to this criterion. However, if the property
is rezoned and developed commercially, the various impacts may be presented.
3 ZC 21.07 Windmill Road and Hwy 181 -May 3, 2021
Recommendation:
Staff recommends APPROVAL for Case: ZC 21.07 rezoning from R-A, Residential/ Agriculture District to B-4,
Business and Professional District subject to the following condition:
1. Submission of an administrative replat to record setbacks as proposed by Staff.
Planning Commission Recommendation:
At the May 3, 2021 meeting, the Planning Commission voted unanimously to recommend approval of case
ZC 21 .07 subject to Staff recommendations.
4 ZC 21.07 Windmill Road and Hwy 181-May 3, 2021