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ORDINANC E N O. 1733
AN ORDINANCE A ME DI G ORDINANCE NO. 1253
KNOWN A S THE ZONING ORDINANCE
BE IT ORD AINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as
follows:
The ordinan ce known as th e Zon ing Ordin ance (No . 12 53), adop ted 27 June 20 05 , togethe r with the
Zoning Map of the City ofFairhope, be an d the same hereby is changed and a ltered in respect to that
certain prop erty described b elow:
After the a pp ro p riate pub lic notice and h earing of the Pl anning Commission of the City ofFairhope,
Alabama has forwarded a fa vorable recommendation,
The property of Anthony Tkac and Kri stin Kalmbacher is generally located at the east terminu s
o f Gaston A venue and on th e ea st side of South Section Street, at 211 South Section Street,
Fairhope , A la bama .
PPIN #: 41038
L e g al D e scription: (Case number ZC 21.11 )
Lots 10 & I I , H .C. Oswalt Subdivision as per plat recorde d in Ma p Book I , page 42 , Pro bate Records of
Baldwin County , Alabama , being part of SW ¼ of SW ¼ of Section 17 , D insmore Survey , Township 6
South , Range 2 East, Ba ldwin Coun ty , Alabama .
A map of the pro perty to be rezone d is attached as Exh ib it A
The property is here by rezoned from R-4 Low D e nsity Multi-F amily Residential District to R-3
TH Hig h Density Sing le-Family T ownhouse Re s idential District. This pro perty shall hereafter be
lawful to construct on such property any structures permitted by Ordinance o . 1253 and to use said
premises for any use p ermitted or build ing sought to be erected on sai d prop erty shall be in
compliance with th e bui ldin g laws of the City of Fairhop e an d that any structure sha ll be approve d
by the Build ing Official of the City ofFairh ope and that any structure be erected only in com p liance
with such laws , including the requirements of Ordinance o . 1253 .
Severability Clause -if any part, section or su bdivision of thi s ord inance shall b e hel d
uncon sti tuti ona l or inva lid fo r an y reaso n, su ch hol d ing sh a ll no t be constru ed to invalidate or im pa ir
the remaind er of this ordinance , which sh all continue in fu ll force an d effect notwithstanding such
holding.
Effective Date -This ordinance shall ta k e effect immediately upon its due adoption an d publication
as require d by law.
Ado p ted and approved this 15th day of November, 2021.
Attest:
By~-~ sa . anks. C
City C l rk
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City of Fairhope
City Cou nci I
October 25, 2021
Planning Commission unan imously (5 Ayes-0 Nays-1 Absta in) voted to recommend approva l of ZC 21.1 1
ZC 21.11 -211 S. Section St.
Project Name:
211 S. Section Street
Site Data:
0.40 acres
Project Type:
R e zoning
Jurisdiction:
----------t
Fa irhope Corporate Lim its
Zoning District:
R-4 to R-3 TH
PPIN Number:
41038
General location:
East terminus of Gaston Ave. and on the
east side of S. Section St.
Surveyor of Record:
Engineer of Record:
Owner I Developer:
~ny Tkac and Kristin Kalmbacher
School District:
Fairhope Elementary School
Fairhope Middle and High Schools
Recommendation:
Approval
Prepared by:
Samara Wa lley
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Property Owner Leaseholder Information
Name:.4"t~~ f f:;Lr>-kfk(.,D4:t~liline Number:
Page 4 of 6
S treet Add s: kr :S • 5c;;<::#e"ti t:£. , ~
Ci ty: -~.,..., State: /J=l Zi p : ?';;o z.
Applicant / Agent Information
If different from above .
owner 1s required if an agent is us n .
Name·
S treet
C ity:
Property Map Attached
Metes and Bounds Description Attached
Names and Address of all Real Property Owners
within 300 Feet of Above Desc ribed Property Attached.
C
Zoning Fee Calculation:
Reference : Ordinance 1269
I certify that I am the property owner /leaseholder of the
submit this application to the City for review. *If prope
Co an aut gle Tax r epresen · shall ·
Prope
YES NO
ll
and hereby
RECEIVED
Corp. (If AppliJ □t11 7 202 1
BY: (}JL
Summary of Request:
The applicant, Craig Dyas, is requesting to rezone the subject property from R-4 Low Density Multi-Family
Residential District to R-3 TH High Density Single-Family Townhouse Residential District. The property i s
approximately 0.40 acres and is located at the east terminus of Gaston Avenue and on the east side of South
Section Street, at 211 S. Section Street.
The applicant has provided a narrative to justify their request. They state the following :
"It is the desire of the petitioner/developer to rezone the referenced property from R-4, Low Density Multi-
Family Residential District to R-3TH High Density Single Family Townhouse Residential District for the just
reason as the title portrays; single family v. multi-family. Petitioner produced the same product adjacent to
the east of the subject property with a 'rezoning ' petition from R-2 to R3-TH in approximately 2003/4, the
subsequent development having made a nice compliment to the neighborhood for it was much like the current
neighborhood re: zoning and use .
Petitioner wishes to restore the existing original 'Fairhope ' townhome to current market conditions and
construct two (2) additional townhomes of approximately 2000sq. ft -2500 sq. ft. with elevations drawn to
complement the existing 'Fairhope ' architecture on the adjacent structure. The proposed site plan is included
in this package and will be very close to the site plan developed in the 2003/4 at 204 Oswalt. The footprint of
each new structure will be approximately 25 ' x 50' with ancillary appendages as a front porch and rear car
shelter with the structure will likely being two (2) stories .
The benefit of changing the zoning as requested is primarily the reduced front setback from 30 feet to 20 feet.
This will not only allow for the structures to set closer to the sidewalk (which developer intends to construct)
but will allow for a comfortable placement of the car shelters onto the two (2) new townhomes . Further, this
will allow for the keeping of a rapidly vanishing indigenous architecture (old Fairhope) in addition to placing
two (2) new families to support the church district as well as the central business district, very probably by foot.
Lastly, to retain the space as developer agrees to develop it, developer proposes to deed restrict the proposed
zoning perpetually via deed restriction so that no future real estate philosopher will have the ability to change
use or density.
We appreciate the consideration of the both the Planning and Zoning Commission as well as the Fairhope City
Council."
The above narrative was submitted by the applicant explaining the plans for future development if the subject
property is rezoned.
Co mments:
The subject property is bounded to the North by B-1, Local Shopping District, to the West (across South Section
Street), East and South by R-2, Medium Density Single Family Residential District and to the Northeast by R-
3TH High Density Single-Family Townhouse Residential District .
The Zoning Ordinance defines R-3 TH High Density Single-Fam il y Townhouse Residential District as follows:
1 ZC 21.11 211 5. Section Street -September 9, 2021
"R -3 T H Hi g h De nsity S ing le-Family Tow nh ouse Res idential District : Thi s d istrict is intended to prov id e areas
ex clu sive ly fo r th e deve lo pm en t of town hou ses on a high-de nsity basis w here no sid e yard s are req ui re d ."
The applicant submitted a site plan along with the application . It should be noted that this is not a site plan
review, and a potential approval of the rezoning case does not constitute the approval of the site plan
submitted with this application . Staff has, however, reviewed the site plan and has determined that the plan
does not meet R-3 TH standards and would therefore require revisions prior to the issuance of a building
permit.
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An administrative replat will be required to create one lot . Additionally, a Multiple Occupancy Project (MOP)
approval will be required for 3 units on one lot. The MOP process takes in consideration greenspace
requirements and design standards .
Criteria -The application shall be reviewed based on the following criteria:
(1) Compliance with the Comprehensive Plan;
Response: It appears that the appears that the applicant has considered the overall density in the
neighborhood, as addressed in the Comprehensive Plan. The applicant has also considered the overall
character of the neighborhood . Specific calculations are not addressed during the rezoning request but may
be further reviewed should the applicant request MOP approval.
2 ZC 21.11 211 S. Section Street -September 9, 2021
{2} Compliance with the standards, goals, and intent of this ordinance;
Response: As stated by the applicant, the Zoning Ordinance allows for a reduced setback in an R-3TH zoning
district. This would not otherwise be allowed in the current R-4 zoning classification. Staff finds that the
applicant has taken a consideration to the surrounding properties when making the request for R-3 TH zoning.
(3) The character of the surrounding property, including any pending development activity;
Response: There is a variety of adjacent zoning types. The applicant has cited the adjacent property to the
East as a precedent for the development on the subject property.
(4) Adequacy of public infrastructure to support the proposed development;
Response: Infrastructure was not addressed in this application. It should be noted that additional approvals
will be required prior to any site work.
(5) Impacts on natural resources, including existing conditions and ongoing post-development conditions;
Response: Staff is unaware of any known natural features present on the site. Additional information will be
required prior to any site work.
(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.
(7) Compliance with other applicable laws and regulations of other jurisdictions;
Response: At the time of a redevelopment all applicable laws will be applied.
(BJ Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and
property values; and,
Response: Staff cannot anticipate any significant issues relating to this criterion at this time. 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.
In conclusion, approval of the rezoning case does not constitute the approval of the site plan. If the applicant
seeks to develop 3 units as shown on the site plan, an administrative replat will be required to create one lot
so that no structure will be situated across a lot line . Additionally, MOP approval will be required for the
proposed 3 units on one lot.
Recommendation:
Staff recommends APPROVAL for Case: ZC 21.11 rezoning from R-4, Low Density Multi-Family Residential
District to R-3 TH, High Density Single Family Townhouse Residential District.
3 ZC 21.11 211 S. Section Street-September 9, 2021
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CODYrioht 2019
DY AS , L.L.C.
COMMERCIAL REAL EST A TE & DEVELOPMENT
MEMORANDUM
TO :
FROM:
Date:
RE:
Fairhope Planning
Craig F. Dyas,
081021
Re-zoning Request o 211 S. Section, B.C. PPrN 41038
It is the desire of the petitioner/developer to rezone the referenced property from R-4, Low Density
Multi-Family Residential District to R3-TH High Density Single-Family Townhouse Residential
Di trict for just the reason as the title portrays ; single family v . multi-family. Petitioner produced the
same product adjacent to the east of subject property with a 'rezoning' petition from R-2 to R3-TH in
approximately 2003 /4, the subsequent development having made a nice compliment to the
neighborhood for it was much like the current neighborhood re: zoning and use.
Petitiont:r wishes to restore the existing original 'Fairhope' townhome to current market conditions
and con truct two (2) additional townhomes of approximately 2000sq . ft. -2500 sq . ft . with
elevations drawn to complim ent the existing 'Fairhope ' architecture on the adjacent structure. The
proposed site plan is included in this package and will be very close lo the site plan developed in
2003 /4 at 204 Oswalt. The footprint of each new structure will be approximately 25 ' x 50' with
ancillary appendages as a front porch and rear car she lter w ith the structure will likely being two (2)
stories.
The benefit of changing the zoning as requested is primarily the reduced front
setback from 30 feet to 20 feet. This will not only allow for the structures to set closer to the sidewalk
(which developer intends to construct) but will allow for a comfortable placement of the car shelters
onto the two (2) new townhomes. Further, this will allow for the keeping of a rapidly vanishing
indigenous architecture (old Fairhope) in addition to placing two (2) new families to support the
church district as well as the central business district, very probably by foot.
Lastly, lo retain the space as developer agrees to develop it, developer proposes to deed restrict
the proposed zoning perpetually via d eed r esrri ction so that no future real estate phi losopher will
have the ability to change use or density .
We appreciate the consideration of the both the Planning and Zoning Commission as well as the
Fairhope City Council.
23 2 10 U .S . HIGHWAY 98 , S U ITE A-3 , FAIRHO PE , ALABAMA 36532
TELEPHONE (251) 990-6000 FACSIMI LE (251) 990-8807
WEB : HTTP ://WWW .DYAS L LC.C OM
AGENT AUTHORIZATION
RECEIVED
JUL 2 7 2021
BY:_Qu. __ _
This letter serves as authorization for Craig F. Dyas, DYAS Development, L.L.C., to
represent me/us (Owners) in the petitioning of the City of Fairhope for the change of zoning
of my/our property located at 211 S. Section Street & further described as:
PPIN -41038
BC Tax Parcel# -46-03-37-0-008-012.000
Legal -Lots 10 & 11 1 HC Oswalt Subdivision
Current Zoning -R4
Requested Zoning -R3 TH
You may contact me at any time with any questions.
STATE OF ALABAMA *
COUNTY OF BALDWIN *
NOTARY
OWNER DATE
d. ~ July2021
Subscribed and sworn to before me on this the£ day of .J11ee, 2021,
~c 1\~
NOT ARY PUBLIC
My Commission Expires:
March 23, 2025
Page 5 of 6
CERTIFICATION OF PROPERTY OWNER NOTIFICATION LIST
As Required by the City of Fairhope
Hearings on Zoning Change applications require notification to all property
owners within 300 feet of the property under consideration for the change.
This list must be the most curre erty owners ' records available from the
Baldwin County R Offic
By signing bel _,_=-..,.::=.,,___...._-=------=--1-~J applicant) do hereby certify that
the prope on was obtained from the
Bald · and is mplete list of all real property
of the parcel submitted for consideration by the
RECEIVED
JUL 2 7 2021
BY:_ctJ.c. __ _
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PROPERTY OWNER NOTIFICATION LI ST fo r ...
PPIN PARCEL#
12784 46 -03 -37-0-008 -009 .000
3351 46-03 -37-0-008 -024 .000
37378 46-03 -37-0-008 -025 .000
26238 46 -03 -37 -0 -008 -027 .000
10651 46-03 -37 -0 -008-026 .000
16338 46 -03 -37-0-008 -030 .002
6851 46 -03 -37-0-008-030 .001
31558 46-03 -3 7-0 -008-03 2.000
14177 46 -03 -37-0-008-03 l.OOO
44508 46 -03 -37 -0 -008-02 l.OOO
37895 46 -03 -37-0-008-020 .000
22296 46 -03 -37-0-008-022 .000
47401 46 -03 -37-0 -008 -023 .000
69983 46 -03 -37-0-008-010.000
41037 46 -03 -37-0-008 -01 l.OOO
41036 46 -03 -37 -0-008 -013 .000
44507 46 -03-37-0-008 -014 .000
44126 46 -03 -37 -0-008 -015.000
40323 46 -03 -37 -0-009-043 .000
17347 46-03 -3 7-0-009-042 .000
8104 46 -03 -37 -0-009 -041 .000
18845 46 -03 -37 -0-009-029.000
REZ ONING REQUEST FOR : 2 11 S. Sectio n St r eet
BC TAX PARCEL#: 46-03-37-0-008-012.000
OWNER ADDRESS
Fairhope United Methodist Church 155 S. Section St .
Robert & Sandra McGough 453 Cole Ct .
Li is a Flourney P.O. Box 2162
Joyce R. Jone s 454 Co l e Ct .
Kara L. Haley 452 Col e Ct .
Lori D. Leff 415 Wh ite Ave .
John R. & Linda Brock 122 Confederate Dr .
" " "
James & Karen Morris P.O. Box426
Daniel & Beth Maute 311 Gayfer Ct .
204 Oswalt Condo Assoc 204 Oswalt
South Central Bell Telephone Co . P.O. Box 7207
Andreas Properties, L.L.C. 211 S. Sect ion St.
M ic hael & Evely Reinhart 251 S. Section St .
W ill D. Carlton, Sr. 255 S. Sect ion St.
First Baptist Church of Fairhope 300 S. Section St .
" " " II II II lt ll ltll 1111
E. Anne Crosby 313 White Ave
Ronald & Deborah Wynne P.O. Box 338
4807 Washington
David & Jennifer Lawrence Blvd .
R4-R3 T H
CITY STATE ZIP
Fairhope AL 36532
36533
36532
Sp Ft. 36527
Industry TX 78944
Fairhope AL 36532
Bedminster NJ 7921
Fa irhope AL 36532
Gulf Breeze FL 32562
Orange
Beach AL 36561
Bonita
19 40330 46 -03 -37 -0-009 -028 .000 John P. Stapleton Trust 24361 Woodsage Dr. Springs FL 34134
20 13011 46 -03 -37 -0-009-027 .000 Raymond R. & Hilda Fletcher P.O. Box 121 Fairhope AL 36533
21 15734 46 -03 -37-0-009-026.000 Paul & Nancy Fontenot 252 S. Section St. 36532
22 39807 46 -03 -37 -0-009 -016 .000 Redeemer Evangelical Lutheran Church P.O. Box 411 36533
23 29773 46 -03 -37 -0 -009 -025 .000 Lee & Rebecca Erickson 361 Ga ston 36532
24 28235 46 -03 -37 -0-009 -024.000 Michael T. & Nicole B. Boothe 359 Gaston
Rainbow
25 41379 46-03-37-0-009-017 .000 Debra L. Mu r ray 825 Guy Lee Lake Rd . City AL 35906
26 28221 46-03 -37 -0-009 -015 .000 Rambo, Inc . 152 S. Set ion St. Fairhope AL 36532