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Home My WebLink AboutO-1809ORDINANCE NO. 1809 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 , the Planning Commission of the City of Fairhope , Alabama has forwarded a favorable recommendation , The property of Rockwell Place ( containing 15 acres , more or less , and zoned R-1) and located east of Highway 181 , 1/3 mile north of Intersection of Highway 104 and Highway 181 , Fairhope , AL. PPIN # 625447, 625448, 625449 Legal Description: (Case number ZC 24 .05) BEGINNINGATTHENORTHEASTCORNEROFTHENORTHWESTQUARTER, OF THE SOUTHWEST QUARTER, OF SECTION 2, TOWNSHIP 6 SOUTH , RANGE 2 EAST, BALDWIN COUNTY, ALABAMA ; THENCE RUN S00°26'25 "W, 1,326.34 FEET TO A POINT; THENCE RUN N89°53 '5l"W, 1,190.25 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF ALABAMA STA TE HIGHWAY NUMBER 181; THENCERUNN00°17'32"E, ALONG SIDE EAST RIGHT-OF-WAY LINE , 414.46 FEET TO A POINT; THENCE RUN NORTHEASTERLY ALONG SAID EAST RIGHT-OF-WAY LINE , AND A CURVE TO THE RIGHT HA YING A RADIUS OF 7,939.44 FEET, A DELTA ANGLE OF 02°29'34", A CHORD OF WHICH BEARS N01°36'17 "E FOR 345 .38 FEET AN ARC LENGTH OF 345.40 .FEET TO A POINT ; THENCE RUN N02°55 '02"E , ALONG SAID EAST RIGHT-OF- W A Y LINE , 305.01 FEET TO A POINT ; THENCE RUN NORTHEASTERLY ALONG SAID EAST RIGHT-OF-WAY LINE , AND A CURVE TO THE LEFT HAVING A RADIUS OF 7 ,739.44 FEET , A DELTA ANGLE OF 01 °16'39", A CHORD OF WHICH BEARS N02°16' 44"E FOR 172.55 FEET AN ARC LENGTH OF 172 .55 FEET TO A POINT ; THENCE RUN N07°13'33"E, ALONG SAID EAST RIGHT-OF-WAY LINE , 91.65 FEET TO A POINT ; THENCE RUN S89 °49 '53 "E, LEAVING SAID EAST RIGHT-OF-WAY LINE , 1,154.75 FEETTOTHEPOINTOF BEGINNING, CONTAINING 36 .02 ACRES MORE OR LESS AND LYING IN SECTION 2, 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 B-2, General Business 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 laws , including the requirements of Ordinance No . 1253. Ordinance No. 1809 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 . ADOPTEDT ATTEST : ~.!(~~ ~ Corey Martin, Council President ADOPTED THIS 26TH DAY OF AUGUST, 2024 L..AI III.IIL I"\ Rockwell,LLC B-2, General Business District Parcel Number: 05-46-01-02-0-000-001.910, 05-46-01-02-0-000-001.911, 05-46-01-02-0-000-001.912 Legend □ B-2 General Business District □ PUD -Planned Un it Development □ R-1 Low Density Single-Family Residentia l District -Road □ Corporate Limits PPIN :625447 ,625448 ,625449 Parcel Number: 05-46--01-02-0-000-001 .910 , 05-46-01-02-0-000-001 .911 , 05-46-01-02-0-000-001 .912 City of Fairhope Planning Commission July 1, 2024 dlABA.~tr, Planning Commission unanimously ( 6 Ayes, 0 Nays) voted to recommend approval of ZC 24.05 -Proiect Name: Rockwell Place Rezoning Site Data: 36 acres Protect TVoe: B-2, General Business District Jurisdiction: Fairhope Planning Jurisdiction Zonina District: R-1 PPIN Number: 625447,625448,625449 General Location: ZC 24.05 -Rockwell Place --Road c::J B-2 General Bminess District D l'UO -Planned Unit l>eVaopment c::J R-1 Low l>en.<lity Single-Family Residential Disbict R-2 Medium Dllllsity Single-Family Residential District East side of State Highway 181, north of State Highway 104 Survevor of Record: Sawgrass Enaineer of Record: Sawi;?:rass owner I Deve/on#r: Rockwell , LLC School District: Fairhope Elementary School Fairhope Middle and High Schools I Recommendation: Approved w/ Conditions Preoared bv: Michelle Melton Page 4 ol6 APPLICATION FOR ZONING DISTRICT CHANGE Property Owner/ Leaseholder Information Name: ROCKWELL LLC Phone Number: 251-544-7900 -----------Street Address: -=E"-'A=S-=--T....;..1S=-T~ST~R....;.:E=E--'T __________________ _ City: BAY MINETTE State: AL Zip: _3_65_0_7 ______ _ Applicant / Agent Information If different from above . Nolurizcd letter from property owner ls required 1f on agent ia used for rcprcsc ntn t1 on Name: SAWGRASS CONSULTING TIM LAWLEY Phone Number: 251 •544•7900 -----------Street Address: 30673 Sgt. E.t. Boots Thomas or City: Spanish Fort State: AL Zip : _3_65_2_7 _______ _ Current Zoning of Property: Proposed Zoning/Use of the Property: _B_-2 ______________ _ Property Address: EAST s 10E OF HWY 1a1. 1,a MILE NORTH oF INTERSECTION 10411s1 Parcel Number: PIN 625447 625448 625449 Property Legal Description: _s_E_E_ATT_A_CH_E_o _______________ _ Reason for Zoning Change: ESTABLISH B-2 COMMERCIALLY ZONED PROPERTY BETWEEN HWY 181 & BUSHEL DRIVE Property Map Attached Metes and Bounds Description Attached Names and Address of all Real Property Owners within 300 Feet of Above Described Property Attached . NO NO NO Character of Improvements to the Property and Approximate Construction Date: ____ _ ACCESS ROAD g3usHEL OR~ & UTILITY/STORM INFRASTRUCTURE SERVING THE REFERENCED PARCELS WAS CONSTRU TEO WITH OCKWELL PLAcE APAR I MEN i S IN 202312024 Zoning Fee Calculation : Re ference: OrdiJ1ance 1269 I certify that I am the property owner/leaseholder of the above described property and hereby submit this application lo the City for review. *ff property is owned by Fairhope Single Tax Corp . an authorized Single Tax representative shall sig • 1c r n Tom Mitchell Property Owner/Leaseholder Printed Name Date AGENT AUTHORIZATION I/We authorize and permit Sawgrass Consulting, LLC act as my/our representative and agent in any manner regarding Rockwell LLC . I/We understand that the age nt representa t ion may include but not be lim i ted to decisions relating to the subm ittal , status, cond i tions , or withdrawal of this application . PROPERTY OWNER(S) TO M MITC HELL Nam e(s) Printed P O BOX 579 AUTHORIZED AGENT Sawgrass Consulting, LLC T IM LA W LEY, PE Name(s) Printed BAY M INETTE, AL 36b07 City , Sta te , Zi p Co de Date 30673 Sgt. E.I. Boot s Thomas Dn ve Span1~h Fo rt, AL 365 27 Mam?~/ ~ __ I 05 -)L/-z..4 gna t ure Dat e Summary of Request: Applicant, Sawgrass Consulting, on behalf of Owner, Rockwell , LLC, requests the subject property be rezoned from R-1, Low Single Family Residential District to B-2, General Business District. The property is located at the East side of AL Hwy 181 and 1/3 mile north of the AL Hwys 181 and 104 intersection. Subject propert y is otherwise known as Lot 1 and common areas of Rockwell Place that was recently annexed into the City on May 13, 2024 (Ordinance No . 1798). Previous subdivision case SD 23 .31 was the final plat approval of Rockwell replace that created the lots . Case SD 22.02 was a preliminary MOP approval for the now lot 2 and all the properties were in the County. Lot 2 will remain in the County. Article Ill, Section A(ll): B-2 General B11si11 ess District : This di sn·ict is intended to provide oppommity for activities causing noise and heavy traffic. not considered compatible in the more re strictive bu iue ss di strict. These uses also seive a regional as well as a local marker and require loca tion in proximity to major transporta tion route s . Recreational vehicle parks. very light production and proce ssing activities are included . Figure 1 : Map of subject and adjacent properties. 1 ZON EC lass 1ficat 1on Illa B 1 Loc.11 Shopp ng Di5tr ct B 2 Gcncr JI Businc;;s D strict R Lo~. cn5 ty S 1ng 1c am ft C5 dcntial D 1str ct ZC 24 .05 Rezoning Lot 1 of Rockwell Place from R-1 to B-2 July 1, 2024 Comments: The subject property is 11 .79 acres . The subject property, proposed to be zoned as B-2, w i ll most likely be subdivided again creating commercial lots . At that time the infrastructure will be studied more and a condit ion of this app roval is that when the subject property is further subdivided then each subdivided site wi ll have a mandatory Site Plan Review . This property is located between the Encounter Commercial Subdivision to the direct South and the Harvest Green East PUD to the North . Di rectly East are the Rockwell Place Apartments. The aforementioned developments plu s the Publix at Planter's Pointe across AL Hwy 181 required significant road infrastructure that is still i n play (Rockwell Blvd off of Hwy 181). c;~.a•J 17'9 621 ( ST.f I ◄56:!l!i) ~~ --~v/4 ....., / V/ ,., {,.:. Figure 2: Snippet of Rockwell Place Final Plat Slide 2942-8. A Re -Zoning Request is considered a Zoning Map Amendment and the application is reviewed pursuant to the Criteria in Art. II, Section B{l)(e). (1) Compliance with the Comprehensive Plan; Response: The 2015 Comprehensive Plan noted the AL Hwys 104 and 181 as a potential node for development and it has proven to be the case with several residential and commercial projects taking place within the last two (2) years . (2) Compliance with the standards, goals, and intent of this ordinance; Response: Meets. (3) The character of the surrounding property, including any pending development activity; Response: Meets. There are a handful of residential and commercial developments around the highways intersection and branching from the intersection that will be symbiotic to each other. (4) Adequacy of public infrastructure to support the proposed development; Response: There is existing infrastructure in the immediate surroundings. Infrast ru cture will be studied more if/when Lot 1 further subdivides or applies for any building permit. 2 ZC 24.05 Rezon i ng Lot 1 of Rockwell Place from R-1 to B-2 July 1, 2024 (5) Impacts on natural resources, including existing conditions and ongoing post-development conditions; Response: Meets. This zoning change will not negatively impact natural resources or current/future conditions. (5) Compliance with other laws and regulations of the City; Response: Meets . Any fu t ure development is subject to all applicable laws of the City. (6) Compliance with other applicable laws and regulations of other jurisdictions; Response: Meets. Any future development is subject to all applicable laws. (7) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and Response: Staff does not antic i pate any significant issues relating to this criterion currently. Staff does request an update from the Applicant and ALDOT regard i ng the Rockwell Blvd and Hwy 181 connection . (8) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: Staff does not antic i pate any significant issues relating to this criterion currently. Staff does request an update from the Applicant and ALDOT regarding the Rockwell Blvd and Hwy 181 connection. Recommendation: Staff recommends approval of ZC 24.05 : rezoning Lot 1 of Rockwell Place from R-1 to B-2 w ith the following conditions : 3 1. Each site created in Lot 1 shall have a mandatory Site Plan Review . 2. An update from ALDOT or completion thereof the Rockwell Blvd and Hwy 181 connection prior to further subdividing or applying for any permits. 2 -3 weeks per June 12, 2024, correspondence from Applicant. 3. Provide a schedule for the completion of the apartments and portions of the roads t hat w i ll be public as soon as possible and prior to applying for any permits. Three (3) mon t hs per June 12, 2024, correspondence from Applicant. ZC 24 .05 Rezoning Lot 1 of Rockwell Place from R-1 to B-2 July 1, 2024 ..., ..., -""""-., r R OCKWELL ·~d;~~-~~::.;~~~- ·::::=r-... ~--·---.. --·-·-•-----·------·-·=-~~=-=~~-==..:=-::-;• ·:.=::.=;.:-u::.::.o:.:-~-i---"- --=-"· ::-.:.= ~-..:.:.-:..--=:.::. :::.-::.:.-=:::.. ·•-1 :c:.~---------p .. ·---·--·--,..:---=---•-•·•--·---·-·- PLACE -·--. . . u . CHI'fUil9!:"""'9'ffl lY9Ylffl\ITIITDs6fCIHIG' ::==-:i· .. ~-~-~-"'::::~--- _ .. .....b.2:. .... ~ald ~IP-ltP!YW--- ;;:.;;-_~.d?.~.zT. 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Span is h Fort, AL 36527 P: 251-544-7900 www.sawgrassllc.com We are in receipt of your comments from your review of the Rockwell Place Zoning application (letter dated 06-07 -24) and offer the following response/revisions . Your comments are shown in BOLD and our response is shown in ITALICS . 1. A condition of apptoval is that each site In the development shall have a mandatory site plan review. Noted. We will i nclude this note on the future plat to be submitted for the commercial subdivision of Lot 1, Rockwell Place . 2. Please contact ALOOT and provide us with an update of Rockwell Blvd and Highway 181 connection as soon as possible. This work is currently under construction and is anticipated to be complete with in 2-3 weeks . 3. Please provide us with a schedule for the completion of the apartments and portions of the road that will be public. It is anticipated that the first phase of the apartments and the public portions of the roods will be complete in approximately 3 months. If you have any questions or need add iti onal information, please contact me at 2S1-544-7900 or at ~, ~~ Timothy D. Lawley, PE Sawgrass Consulting, LLC