HomeMy WebLinkAboutO-1715ORDINANCE N O. 1715
AN ORDINANCE AME DING ORDINANCE 0. 1253
KNOW AS THE ZO IN G ORDINAN CE
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 pub li c notice and hearing of the Planning Commission of the City of
Fairhope, Alabama has forwarded a favorable recommendation,
The property of Donna Dowsey, Penny Odom , and Sandra Lee generally located at 520
Greeno Rd, Fairhope, Alab ama.
PPIN #: 3193
Legal Description : (Case number ZC 20 .05 )
From the Southwest comer of Section 9 , Township6 South , Range 2 East, run North 815
ft . and East 40 ft. for a point of beginning ; thence run 160 ft ; thence East 200 ft; thence
South 160 ft ; thence West 200 ft . to the point of beginning , containing ¾ acre more or less
and being a part of Lot #10 of a subdivision of the SWl/4 of the SW ¼ of section 9,
Township 6 South , Range 2 East as per plat recorded in the office of the Probate Judge of
Baldwin County , Ala bama, in Deed Book 4 N .S. at page 277.
The property is hereby rezoned from R-1 Low Density Single Famil y Residential District to
HTD Highway Transitional 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 sough t 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 on ly in compliance with such
laws , including the requirements of Ordinance No. 1253 .
Severability Clause -if any part, section or subdivi sio n 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 ho lding .
Effective Date -This ordinance shall talce effect immedi ately upon its due adoption and
publication as required by law.
Ado pted and approved this 12th day of July, 2021.
Attest:
By~L
City Clerk
Adopted and approved this 12 th day of July , 2021.
City of Fairhope
City Cou nci I
June 14, 2021
ZC 20.05 -520 N. Greeno Road
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Project Name:
520 N. Greeno Road
Site Data:
.73 acres
Project Type: I
Rezoning
Jurisdiction:
Fairhope Corporate Limits
Zoning District:
R-1, Low Density Single Family
Residential
PPIN Number:
3193
General Location:
East side of Greeno Road between Dyer
Road and Gayfer Avenue
Surveyor of Record:
N/A -
Engineer of Record:
N/A
Owner/ Developer:
J Donna Dawsey, Penny Odom , &
Sandra Lee
School District:
Fairhope Elementary, Middle & High 1
Recommendation:
Approval w/conditions
Prepared by:
Samara Walley
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Summary of Request:
Donna Dawsey, Penny Odom , and Sandra Lee are requesting to rezone property from R-1 Low Density Single
Family Residential District to Highway Transitional District. The property is approximately .73 acres and is
located on the east side of Greeno Road between Dyer Road and Gayfer Avenue , at 520 N. Greeno Road .
The applicants state that the property is no longer conducive for residential use and this is therefore
justificat ion for their request . The applicants state that there are no proposed plans for the property at this
time . After listing the property for several months, there has been no residential interest. They state that they
have, however, received some commercial interest if rezoned commercially.
It should be noted that the Planning Commission recommended tabling this applicat i on at its November 5.
2020 meeting. At that time the applicants were requesting to rezone the property to 8-2, General Business
District. The Fairhope City Council recently adopted the Highway Transitional District. Ordinance 1702 was
adopted February 22 , 2021. The applicant is now seeking to rezone to the newly adopted Highway Transitional
District {HTD).
Comments:
There is currently a vacant single -family dwelling on the property with a carport, storage building and shop. It
is bounded to the North by R-1, Low Density Residential District, to the South and East by PUD , and to the
West {across Greeno Road) by B-2, General Business District .
The Zoning Ordinance defines Highway Traditional District as follows :
I. H TD -Hig hway Tran sitional District
1. Intent -The special s tandards listed in this section for th e highway transitional dis trict are intended to :
• Provid e an alternative to properties along state highways within the City of Fairhope that are
beyond the area of influ e nce of the Village Nodes and Commercial Nod es as contemplated by the
City of Fairhope Comprehensive Plan.
• Provide development opportun ities consistent with the City's vision for commercial corridors to
better serve co mmunity needs.
• Unlike other dis tricts within th is section, th e HTD is not an overlay district and do es not affect any
property owners , other than thos e w ho vo luntarily apply for rezoning to this distric t.
1. S ize -Lots sha ll be a minimum of 20,000 sf and unde r 3 acres.
2. Use-Uses for the HTD are listed in Table 3-1: Use Tabl e. Rezoning to HTD may be con ditioned so
that uses p e rmitted on appea l require a site p lan.
3. Location -Eligible lots must have minimum of 1 00 feet on one side fronting the rights-of-way of US
Highway 98, Alabama High way 1 04, or Alabama High way 181 and lie w ithin the Corporate
Jurisdiction of th e City of Fairhope .
4. Dim ension Stan dards -
1
a. Lot frontage sha ll be acljacent to the highway.
b. Setbacks
i . Fro nt Setback s ha ll be 20 '.
ii . R ear Setback s ha ll be 20 '.
iii. Side setba cks s hall be 1 0 '.
c. Building H e igh t
i. Maximum H eight is 30 '.
ii. A mixed-use building may ha ve a height of 35 'if it co ntains both residential and
co mmercial space. Th e residential us must make up at least 33% of th e total area of th e
building a nd th e located on the second and/or third floor, and reta il or office space must
make up at leas t 50 % of the tota l area of th e building and be located on ground and/or
second.fl.oar.
ZC 20 .05 520 N. Greeno Rd . -April 5, 2020
d. Parking
i. Parking sha ll be located b ehind th e front building line.
e. Any frees tanding single-us e or tenant retail building shall not have a building footprint larger
than 8,000 s quare f eet.
f All la nds within twenty (20) feet of the boundaries of US. Highway 98, A labama High way 104,
and A labama Hig hway 181 within the corporat e limits of th e City of Fairhope are required to be
reserved by owners or developers of such lands as greenspace and tree p rotection zones . The
required gree nspace may include land as required by the front setback.
1 _ __ ___ i. Wher e no vegetation, other than grass
m .. NC ING o0 1"' exists, new landscaping and plantings s hall
T-!;-~ be installed at tim e of development within
L---==---.~~-' the 20-foot strip that meet th e requirements
R-2-E of the City of Fairhop e Tr ee Ordinan ce and
~c.~ receives approval by th e City
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H orticulturist; otherwis e the land may be
left in its natural sta te and enhanced with
th e addition of trees and shrubs.
g. Any future rezoning to HTD may
be conditioned so that th e goals and intent
of the Comprehensive Plan and Article V,
Section I 1. Of th e Zoning Ordinan ce are
achieved.
h. For th e purposes of Article JV,
Section B .2.b. and the screening
requirem ents of th e City of Fairhope Tree
Ordinanc e, the Highway Transitiona l
District s hall be considered
commercial/business regardless of use.
Additionall y,
HTD
Uses P ermitted subject to g eneral ordinance
standards and conditions: Single-family, Two-
fa mily, To wnhouse, Mixed-use, Elementary School,
Secondary Sc ho ol, Education Fac il ity, Library,
Public Open Spac e, Common Op en Spa ce, Gen eral
Office, Professional Offic e, Day Care , and B ed &
TRA CT NUMBER _\5 STAl~ or ALA BAMA HI GHW AY DEPAH IM::NT
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CO NT Y: __ 8~\xlN..------
Breakfast. Uses P erm itted subj ect to special
conditions listed in th e ordinance: Accessory
D welling, Hom e Occupation, and Convenience
Store. Uses Permitted only on appeal and subject to
sp ecial conditions: Multip lefamily/ Apartment,
P lace of Worship , Cemetery, H ospital, Community
Center or Club , Public Utility, Gen era l
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M erc handise, O utdoor Sales Limited, Garde n Ce nter, Convalescent or Nursing Hom e, Clinic, O utdoor R ec reatio n
Fa cility, Mortu ary or Funeral Home , and Limited Manufa cturing.
Criteria -The application shall be reviewed based on the following criteria:
(1) Compliance with the Comprehensive Plan;
Response:
Commercial development along Greeno Road has long been a source of debate. The citizens of Fairhope have
expressed concern about continued commercialization on Greeno Road . Since 2001, the Comprehensive Plan
2 ZC 20 .05 520 N . Greeno Rd. -April 5, 2020
supported a village concept, with village cores containing the highest intensity of business uses. The nearest
core, the Greeno Road Village Center, radiates from the intersection of Greeno Rd and Fairhope Ave. The
subject site does not fall within the area of influence of the Greeno Road Village Center as shown of the map
below.
..__.u._._,~,. Additionally, the Comprehensive Plan
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allow for less intense uses than the previous request for B-2,
future .
states the following regarding design
guidelines, "Consider the cr eation of
design guidelines for commercial
development along Greeno Road that
"" address items such as park i ng
placement on site, build-to lines, drive -
through locations, screening ,
pedestrian connectivity, and bicycle
0 racks, among others ." As listed above,
the Highway Transitional District (HTD)
specifies dimension standards as well as
use for proposed development within
the district.
Staff finds that because the applicant
does not currently have a proposed use
for the property, rezoning to HTD will
if the property is occupied or redeveloped in the
(2) Compliance with the standards, goals, and intent of this ordinance;
Response: The R-1 district is designated for residential uses. A dwelling exists on the property currently. If
rezoned to HTC , Highway Transitional District, the applicant has not expressed plans for redevelopment.
(3) The character of the surrounding property, including any pending development activity;
Response: The surrounding properties vary in terms of zoning district classification. The adjacent property to
the north is R-1 and the adjacent property to the south is zoned PUD consisting of multi -family apartments .
(4) Adequacy of public infrastructure to support the proposed development;
Response: There are current structures with existing utilities adequate for single -family resident ial and the
applicant has no plans for construction or redevelopment at this time.
(5) Impacts on natural resources, including existing conditions and ongoing post-development conditions;
Response: The applicants have no known plans of construction or redevelopment at this time.
(6) Compliance with other laws and regulations of the City;
Response: 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 r ight ". "Uses Permitted
subject to special condi tions listed i n the ordinance" or "Uses Permitted only on appeal and subject to special
conditions " may be subject to additional approval.
(7) Compliance with other applicable laws and regulations of other jurisdictions;
3 ZC 20 .05 520 N . Greeno Rd . -April 5, 2020
Response: At the time of 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 applicants have 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. It is also important to note that if the property is recommended
for approval by Planning Commiss ion 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 .
Recommendation:
Staff recommends APPROVAL for Case : ZC 20.05 520 N Greeno Road rezoning from R-1 to HTD.
4 ZC 20.05 520 N. Greeno Rd. -April 5, 2020