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Home My WebLink About01-23-2020 Board of Adjustments Agenda Packet1 BOA 20.01 325 S. Greeno Rd - January 23, 2020 Board of Adjustment January 23, 2020 Special Exception Case Number: BOA 20.01 325 S. Greeno Road Project Location: 325 S. Greeno Road, Suite D. Applicant Melissa Hinson General Location East side of S. Greeno Road, 300’+ North of Nichols Avenue Request Special Exception to allow a restaurant Project Acreage 1.62 acres Zoning District City of Fairhope M-1 Light Industrial PPIN 200264 Report prepared by Samara Walley, MCP City Planner Recommendation Approval with conditions 325 S. Greeno Rd. 325 S. Greeno Rd. Nichols St. Greeno Rd. N N •• ~ . 1,% • 2 BOA 20.01 325 S. Greeno Rd - January 23, 2020 Summary of Request: The applicant is requesting a special exception to allow a restaurant for the property located at 325 South Greeno Road, Suite D. According to the City of Fairhope Zoning Ordinance Article III, Section A., the M-1 zoning district is “intended to provide a suitable protected environment for manufacturing, research and wholesale establishments which are clean, quiet and free of hazardous or objectionable emissions, and generate little industrial traffic”. Additionally, Article III, Section D.11. states the following: “11. Restaurants and Accessory Bars in the M-1 Light Industrial District A. Intent: The intent of these special conditions for restaurants and associated bars in the M-1 Light Industrial District is to provide a method for restaurants to be permitted in the M-1 district. B. Location Requirements: The special conditions in this section shall apply only to the M-1 Light Industrial District. C. Site Requirements: (1) Prohibition of drive throughs. Restaurants shall not contain drive through windows or pick up windows. Restaurant must be a sit-down style restaurant.” Comments: The City of Fairhope Zoning Ordinance defines a special exception as follows: Special Exception: Permission granted by the Board of Adjustment for a use indicated in this ordinance as a use limited to a special exception procedure, subject to conditions specified in this ordinance and any conditions the Board deems necessary to ensure that community interests are furthered by permission of the use. The Board of Adjustments is authorized to grant special exceptions through Article II.A.d(2) which states the following: d. Duties and Powers: The Board shall have the following duties and powers: (2) Special Exceptions - To hear and decide special exceptions to the terms of this ordinance upon which the board is required to pass under this ordinance. The Ordinance provides guidance for special exception requests through the following criteria: Article II.C.3.e. Criteria - (2) Any other application to the Board shall be reviewed under the following criteria and relief granted only upon the concurring vote of four Board members: (a) Compliance with the Comprehensive Plan; (b) Compliance with any other approved planning document; (c) Compliance with the standards, goals, and intent of this ordinance; (d) The character of the surrounding property, including any pending development activity; (e) Adequacy of public infrastructure to support the proposed development; (f) Impacts on natural resources, including existing conditions and ongoing post-development conditions; (g) Compliance with other laws and regulations of the City; (h) Compliance with other applicable laws and regulations of other jurisdictions; (i) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; 3 BOA 20.01 325 S. Greeno Rd - January 23, 2020 (j) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. (k) Overall benefit to the community; (l) Compliance with sound planning principles; (m) Compliance with the terms and conditions of any zoning approval; and (n) Any other matter relating to the health, safety, and welfare of the community. When a special exception is granted by the Zoning Board of Adjustment it has the following effect: Article II.C.3.f. Effect of Appeal – An appeal to the Board stays all legal proceedings in furtherance of the application appealed from unless the Director certifies to the Board that a stay would cause imminent peril to life and property. In such cases, proceedings will not be stayed, unless by operation of a court of competent jurisdiction. If an appeal fails for any reason, the stay shall be lifted. Analysis and Recommendation: Special Exception Criteria: (b) Compliance with any other approved planning document Response: “Restaurant” is an allowable use within the M-1 zoning classification as indicated in the City of Fairhope Zoning Ordinance Article III, Section B., Table 3-1 Use Table. However, “Restaurant” is not allowable by right and a special exception is required to allow the use. Further, Table 3-1 indicates the use is allowed “only on appeal and subject to special conditions”. It should be noted that the applicant submitted a historic survey of the subject property. No site plan was included. The applicant gave the following description of the proposal: “We are submitting our request to be reviewed for 325 S. Greeno Road, Suite D, Fairhope AL to be used as a limited food service location. Jubilee Nutrition LLC will offer healthy meal replacement shakes and energy tea to provide a healthy alternative to the community for food choices. We will only be a come and go location with no long-term seating as well as no drive thru will be available. We do offer nutrition education services for customers by offering wellness coaching programs. The program consists of a baseline assessment and individualized nutrition planning with accountability coaching to help individuals achieve their weight loss/gain goals. I have included required forms, a plot map and the parcel viewer list. Our building permit is requested to add two electrical sockets, one hand sink and one 3- compartment sink to meet health department codes. We will have an ice machine, filtered hot/cold water machine and two commercial blenders. I have two locations within Alabama if you need references to this type of establishment. Surge Nutrition in Foley and Bama Nutrition in downtown Tuscaloosa….” 4 BOA 20.01 325 S. Greeno Rd - January 23, 2020 Recommendation: Staff recommends the Board of Adjustment APPROVE the proposed Special Exception for the subject property to allow a restaurant in an M-1, Light Industrial Zoning District subject to the following condition: 1) Submission of a site plan with building dimensions and compliant parking prior to the issuance of a business license. Prepared by: Samara J. Walley, MCP City Planner Fairhope Board of Adjustments Agenda Schedule 2020 MEETING DATE 5:00PM SUBMITTAL DEADLINE 3:00PM Thursday, January 23, 2020 Monday, December 9, 2019 *Moved due to the Martin Luther King holiday Monday, February 17, 2020 Monday, January 13, 2020 Monday, March 16, 2020 Monday, February 10, 2020 Monday, April 20, 2020 Monday, March 9, 2020 Monday, May 18, 2020 Monday, April 13, 2020 Monday, June 15, 2020 Monday, May 11, 2020 Monday, July 20, 2020 Monday, June 8, 2020 Monday, August 17, 2020 Monday, July 13, 2020 Monday, September 21, 2020 Monday, August 10, 2020 Monday, October 19, 2020 Monday, September 14, 2020 Monday, November 16, 2020 Monday, October 12, 2020 Monday, December 21, 2020 Tuesday, November 9, 2020 Thursday, January 23, 2021 Monday, December 14, 2020 *Moved due to the Martin Luther King holiday BOARD OF ADJUSTMENT MEETINGS ARE HELD IN COUNCIL CHAMBERS, FAIRHOPE MUNICIPAL COMPLEX AT 161 N. SECTION STREET IT IS THE RESPONSIBILITY OF THE APPLICANT TO SEE THAT ALL SUBMINTTALS ARE MADE IN A COMPLETE AND TIMELY SEQUENCE AND TO HAVE THE CASE PRESENTED BEFORE THE BOARD AT SCHEDULED MEETINGS. **INCOMPLETE SUBMITTALS WILL NOT BE PLACED ON THE AGENDA. **