HomeMy WebLinkAboutO-1740ORDINANCE NO. 1740
AN ORDINANCE AME D ING ORDINANCE NO. 1253
KNOWN AS THE ZO ING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFF AIRHOPE , ALABAMA as follows :
The ordinance known as the Zoning Ordi nan ce (No . 1253), adopted 27 June 2005 , together with the
Zonin g 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 Percy Dale is generally located on the west side of Greeno Road , south of Carter
Lane, at 19327 Greeno Road , Fairhope , Alabama .
PPIN #: 6725
Legal Description: (Case number ZC 21.12)
FROM THE SOUTHEAST CORNER OF SECTIO 20 , TOWNSHIP 6 SOUTH , RANGE 2 EAST,
RUN ORTH 1779.9 FEET AND SOUTH 89 DEGREEES 21 ' WEST 40 FEET TO A POINT O THE
WEST SIDE OF GREE O ROAD FOR A POINT OF BEGINNING ; THE CE RUN SOUTH 89
DEGREEES 21' WEST 350 FEET; THENCE RUN ORTH 130 FEET; THE CE RUN NORTH 89
DEGREES 21 ' EAST 350 FEET TO A POINT O GREENO ROAD ; THENCE RUN SOUTH ALO G
GREE O ROAD 30 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM A STRIP
OF LAND 15 FEET WIDE ALO G THE ORTH SIDE THEREOF, TO BE USED AS A JOINT
DRIVEWAY BY THE HEIRS OF WILLLIE CARTER, DECEASED, AND THEIR HERIS AND
ASSIGNS. INCLUDING HEREWITH THE RIGHT OF INGRESS AND EGRESS OVER A 30 FOOT
WIDE JOINT DRIVEWAY BOUNDING THE HEREIN DESCRIBED PROPERTY O THE ORTH.
LOT CONTAINS 1.044 ACRES AND LIES IN LOT 5, SECTIO 20 , TOWNSHIP 6 SOUTH , RANGE
2 EAST, BALDWIN COUNTY, ALABAMA.
A map of the property to be rezoned is attached as Exhibit A
The property is hereby rezoned from R-1 Low Density Single Family to HTD (Highway Transition
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 bu ilding sought to be erected on
sai d property shall be in compli ance with the building laws of the City ofFairhop e and that any structure
shall be approved by the Building Official of the City ofFairhope 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
invalid for any reason , such holding shall not be construed to invalidate or impair the remainder of this
ordinance, whi ch 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 an d approved this 14th day of February. 2022.
Attest:
Exh i bit A :
Map of the Property of Percy Dale to be re -zoned to HTD (Case ZC 21.12)
I PPIN. 6725
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City of Fairhope
City Council
January 24, 2022
Planning Commission unanimously (6 Ayes, 0 Nays) voted to recommend approval of ZC 21.12.
ZC 21. 12 -19327 Greeno Road
Project Name:
!19327 Greeno Rd
Site Data:
.87 acres
Project Type:
Rezoning to HTD
Jurisdiction:
City of Fairhope
1 Zoning District:
R-1
1 PP/N Number:
6725
General Location:
West side of South Greeno Road, south
of Carter Lane.
Surveyor of Record:
-
I Engineer of Record:
Owner I Developer:
Percy Dale
School District:
Fairhope Elementary School
Fairhope Middle and High Schools
Recommendation:
I Approve
[i>'repared by:
Hunter Simmons --
Legend
~::~f~=ta,-Oillri:t
• B-3b • Tovml RNOl'I Cornm•Oill semc. Oiltric;t
• 8--1 • Buslnen and Professional 0.lrict
R-1 -Low Densily Srve-f"anif
R-3PGH -PaliolG•den Swve-f°amitt
D R-3TH • TowMO\IH Sir9' F...,itf
R~ • Moble Home Pert Dillrd
• R-A-Reailentia'Agric..,,_ Diln:I
Page 4of6
APPLICATION FOR ZONING DISTRICT CHANGE
n Property Owner / Leaseholder Information
Name: rfSP.OI DAt.e Phone Number: 2$1· '317 -4'2-"2-"j
Street Address: q:74--3 $l Hle.&-oooc ::Dr,"e-
City: ~A I (iU..\02€ State: AL Zip:"3 .,.=CoG:~3.-~-----
Applicant / Agent Information
If different from abov .
Notarized ll"lter from prop rt owner I required tf an agent 1s u. d for represemauon
Name: Phone Number:
Street Address:
City: State: Zip:
Current Zoning of Property: __ __::.........:::.-.:Jtiiiiiiiii~L:~JIJff-::~~~~~~~~~~ Proposed Zoning/Use of the Property:-'
Property Address: ....!.\_._..u,c.....1..--~,!...r~C!.cn~o:..--1.~-..__.....__.~....,__--Ll~__,_Lil6,;a.w..._ __ _
Parcel Number: '\ (p ~ 04 -~o -":\ -000 -0d:d--~
Property Legal Description: \\J: (s) \:30':t> X 300 ·(s)
Reason for Zoning Change: '-
Property Map Attached
Metes and Bounds Description Attached
Names and Address of all Real Property Owners
within 300 Feet of Above Described Property Attached .
~
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NO
NO
NO
Character of Improvements to the Property and Approximate Construction Date: _,_N=-1lcA,._ __ _
Zoning Fee Calculation:
Reference: Ordinance 1269
I certify that I am the property owner/leaseholder of the above described property and hereby
submit this application to the City for review. *If property is owned by Fairhope Single Tax
Corp . an authorized Single Tax representative shall sif) this application.
'°vE2-C. 'DAU:r ~ 12MP.
Property Owner /Leaseholder Printed Name Signature
'J/13\~\
Date Fairhope Single T~~~
u:r i 6 202 1
BY: cue ------
Summary of Request:
Percy Dale requests to rezone the subject property from R-1, Low Density Single Family Residential District to
HTD , Highway Transitional District . The property is approximately 0.87 acres and is located on the west si de
of South Greeno Road, south of Carter Lane at 19327 Greeno Road.
The applicant states that the property is no longer conducive for residential use therefore justifies the request .
The applicants state that there are no proposed plans for the property at this time.
Comments:
There is currently a single -family dwelling on the property. The subject property is bounded to the North by
R-1, Low Density Residential District, to the North, South, and West by Unzoned Baldw i n County, and to the
East (across Greeno Road) by R-5, Mobile Home District and Unzoned Baldwin County.
The Highway Transitional District was created to provide an alternate to Single-Family Residential Zoning
located along state highways but located beyond the area of influence of Village and Commercial Nodes as
provided in the City of Fairhope Comprehensive Plan.
Criteria -The application shall be reviewed based on the following criteria:
(1) Compliance with the Comprehensive Plan;
Response:
Commercial development along Greeno Rd has long been a source of debate . The City's Comprehensive Plan
reflects, "It is also clear that the people of Fairhope do not desire to continue commercialization of Greeno
Road that will lead Fairhope to be like most other places throughout the country".
Since 2001, the Comprehensive Plan supported a village concept, with village centers containing the highest
intensity of business uses. The nearest centers are the Greeno Road Village Center, which radiates from the
intersection of Greeno Rd and Fairhope Ave and a commercial node located at the intersection of Greeno Rd
and Twin Beech Rd. The subject property lies between those two nodes.
1 ZC 21.12 19327 Greeno Rd -Decembe r 06, 2021
While the subject property may not be appropriate for a more intense use as envisioned within Commercial
or Village Nodes, staff does believe the subject property is appropriate for HTD .
(2) Compliance with the standards, goals, and intent of this ordinance;
Response: The R-1 district is designated for res idential uses. A dwelling exists on the property currently. If
rezoned to HTD, Highway Transitional District, the applicant has not expressed plans for redevelopment . Single
family residences are allowed by right in a HTD zoning district.
(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 while much of the surrounding property to the west and south is unzoned .
(4) Adequacy of public infrastructure to support the proposed development;
Response: There are current structures with existing utilities adequate for single-family residential and the
applicant has no plans for construction or redevelopment at this time . Future development project shall
confirm adequacy of public infrastructure.
(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, any use
within HTD zoning will be allowed 'by right'.
(7) Compliance with other applicable laws and regulations of other jurisdictions;
2 ZC 21.12 19327 Greeno Rd -December 06, 2021
Response: At the time of a redevelopment all applicable laws will be applied.
(B) 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 Commission and approved by City Council, it is possible that there will not be another
publ ic hearing . If not, 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.
Recommendation:
Staff recommends Case: ZC 21.12 19327 Greeno Road rezoning from R-1 to HTD be Approved.
3 ZC 21.12 19327 Greeno Rd -December 06, 2021