HomeMy WebLinkAboutO-1810ORDINANCE NO. 1810
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 belo w:
After the appropriate public notice and hearing , the Planning Commission of the City of
Fairhope, Alabama has forwarded a favorable recommendation,
The property of Kathryn Mull (co ntaining 0.42 acres, more or less, and zoned R-2) and
located at 53 N. Church Street, Fairhope, AL.
PPIN # 15034
Legal Description : (Case number ZC 24 .04)
BEGINNING AT THE NO RT HEAST CORNER OF BLOCK 5, DIVISION 1, OF THE
LAND OF LESSOR, IN THE CITY OF FAIRHOPE , ALAB AMA, AS PER PLAT
THEREOF FILED FOR RECORD ON SEPTEMBER 13, 1911 , IN
MISCELLANEOUD BOOK 1, PAGES 320-321 OF THE PROBATE RECORDS OF
THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA, RUN NORTH 109
FEET ALONG THE EAST LINE OF LAND DEEDED TO LESSOR BY EDITH W.
BELL, AND G. R . BELL, THENCE WEST 168 ½ FEET TO A POINT , THE CE
SOUTH 109 FEET TO THE SOUTHWEST CORNER OF LAND DEEDED TO
LESSOR BY FRANCES G. CRAWFORD, AND OTHER HEIRS OF ERNEST B.
GASTON, THECE RUN EAST 168 ½ FEET TO THE POINT OF BEGINNING , AND
THE SOUTHEAST CORNER OF LAND DESCRIBED IN THE BELL DEED , SAID
LEASED LAND BEING LOCATED ON THE WEST SIDE OF CHURCH STREET
AS ESTABLISHED BY ARIGHT-OF-WAY DEED TO THE CITY OFF AIRHOPE,
IN FRACT'L SECTION 18 , 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-3b, Tourist Resort Commercial 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 ap proved 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 . Notwithstanding the above
statement of permitted uses , the fo llo wing uses shall not be permitted on the subject
property: Multifamily/Apartment, General Office , Professional Office , Grocery,
convenience store, General Merchandise , Outdoor Recreation Facility, Indoor
Recreation, Persona l Storage , Recreationa l Vehicle Park, Restaurant, Bar,
Entertainment Venue , or Marina. Current use is a single-family residential structure.
Any change in us e shall meet a ll applicable laws and regulations at the time of
application.
Ordinance No . 1810
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.
2024
Corey Martin, Council President
ATTEST:
~&L
City Clerk
Exhib it A
Kathryn Mull
Rezone to B-3b Tourist Resort
Commercial Service District
Parcel Number: 05-46-03-37-0-006-027 .501
Legend
D B-2 Genera l Business District
• B-3b Tourist Resort Commerc ial Serv ice District
• P-1 Park ing District
D R-2 Med ium Dens ity Single-Family Residential District
• R-4 Low Density Multi-Family Res idential Distri ct
-Road
D Corporate Limits
I
'
City of Fairhope
Planning Commission
July 1, 2024
Planning Commission unanimously ( 6 Ayes, 0 Nays) voted to recommend approval of ZC 24 .0 4
ZC 24.04 -53 N. Church Street Rezone to B-3b
~·-I •
J_,.. •• ~----Road z N
0
W*E
CJ Parcel ~ ~ ·, .,,, UI
Zoning District :z z
B-2 VE J
-B-3a
Q
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-B-3b
I I -B-4
t ~ -P-1
Proiec:t Name:
53 N. Church Street Rezone to B-3b
Site Data:
0 .42 acres
Proiect Tvne:
Rezone to B-3b Tourist Resort
Commercial Service District
Jurisdic:non:
Fa i rhope Planning Jurisdiction
Zanina District:
R-2
PPIN Number:
15034
General Location:
West side of North Church Street, north
of Magnolia Avenue
Survevnr of Record:
David Martin
Engineer al Record:
N/A
Owner I Develoner:
Kathryn Mull
School District:
Fa i rhope Elementary School
Fai rhope Middle and High Schools
Recommendation:
Aooroved w/ Conditions
Prepared bv:
Michelle Melton
Page 4 of6
APPLICATION FOR ZONING DISTRICT CHANGE
Property Owner / Leaseholder Information
Name: \Lu-!::kY) ~ .L AJ.M.' ( Phone Number: Q.61 •1 <;; I· Cp-036
Street ~ress: 0 jJ_ (.tAMr41 St:·
City: \&{i\ rk½¥1('L State: P<k Zip: ?.c.1p~~t..:.'3~'-'=------=
Appllcant/Agentlnformation
II 111Jlrn·n1 11<~11 "'"'"'"·
"'·'''?~ t•·1t•·1:=:~i'~\\11,-r ,~ rrt111ir,•d ii :u1 a 11! i u -.rol li•f rrprr...,.Hl-111 "" , 1.., _5 '7
Name: :::J)a.N1 ~ ~ 4'.rd:i~ Phone Number: ~ -,:1 ... 1/1 D --rlfl
Street Address:
City: ________ State: ___ Zip:
Property Map Attached YES NO
Metes and Bounds Description Attached YES NO
Names and Address of all Real Property Owners
within 300 Feet of Above Descnoed Property Attached. YES NO
Character of Improvements to the Property and Approximate Construction Date: ____ _
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 th City for review . *If property is owned by Fairhop Single Tax
rized Si e ax'.:'.'presentative shall~~
aseholder Printed Name ~re --1 .• s ,,;
Date Fairhope Single Tax Corp . (If Applicable)
Summary of Request:
Owner/applicant, Kathryn Mull, requests the subject property be rezoned from R-2, Medium Dens ity Single
Family Residential District to B-3(b), Tourist Resort Commercial District. David Martin is an authorized agen t
for the case. The property is located at 53 N. Church Street. Subject Property is not within the Central Business
District ("CBD"). Applicant desires to keep the single -family home and build a garage with an accesso ry
dwelling unit to be utilized as a short-term rental , which is allowed in B-3b, but not in R-2. See Ordinance No .
1336.
Article Ill, Section A{13}:
B-3b Touris t R esort Commercial Service D is tric t: Thi s di strict is intended fo r a ran ge of commercial and res ort
r esidential u ses at appropriate loc a tions to se rve the needs of tourists .
,. I/ Zon ing
I 8-1 -oca \ Sho pp.ng DirLr"Cl
B-2 -Ge • al B sines.s }s ·ct
I B-3a -o• ist Resort Lodg ing D's ·ct
I B-3h-Tou isi ResortComme c·a1 Se rvice
Dis ·a
I B-4 • Bus· ess en Profess ·onal Ji ct
...
Figure 1: Map of subject and adjacent properties.
Figure 2: 53 N. Church Street on www.zillow.com. Last visited on June 13, 2024.
1
ZC 24 .04 Rezoning 53 N. Church Street from R-2 to B-3(b) July 1, 2024
Comments:
The subject property currently has six (6) bedrooms and five (5) bathrooms as a single -family home . The
subject property is a lone parcel sandwiched between R-4 Low Density Multi-Family and B-3b zon i ng , both of
which allow short term rentals . It backs up to R-2 zoning. Applicant desires B-3b zoning so that they may
build a garage with an accessory dwelling unit to rent as a short-term rental. Subject property is across the
street from the CBD, which also allows for short term rentals .
As with any request for a zoning map amendment, we must consider the initial desire, as well as how the
property may be utilized in the future. Staff feels a single -family home, with a unit above the garage used as
a short-term rental , is appropriate fo r the neighborhood . However, conversion of the house into a six-unit
rental, for example , would be a change in use and require appropriate reviews .
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 states that downtown Fairhope is the ul ti mate Village Center.
The subject prope rty is adjacent to the central business district. Adjacent properties are zoned R-4 and
B-3b . Being adjacent to downtown, and considering the adjacent uses, Staff fee ls this request meets
the form, function, and design standards because it is a source for both tourists and locals .
(2) Compliance with the standards, goals, and intent of this ordinance;
Response: Meets. Some allowable uses are not ideal for this location and use changes will be vet t ed
accordingly . For example, office space or outdoor recreation would not be ideal for this location although
they are both allowed uses within B-3b .
(3) The character of the surrounding property, including any pending development activity;
Response: Meets . The only development activity currently considered is an additional detached garage
with a second-story rental unit. Required buffers and twenty (20) foot setbacks provide protection from
adjacent residential property. Future changes in use should be carefully reviewed for impacts to the
character of the surrounding property.
(4) Adequacy of public infrastructure to support the proposed development;
Response: Meets. Already an existing structure with utilities. If Applicant plans to add more units, or
separate the existing single -family resident into multiple units, then that may require additional
demands on infrastructure.
(5) Impacts on natural resources, including existing conditions and ongoing post-development
conditions;
Response: Meets . This zoning change will not negatively impact natural resou r ces or current/future
conditions. The Zoning Ordinance and Tree Ordinance already provide protections to adjacent r esidential
property by way of setbacks and landscape buffers .
2
ZC 24 .04 Re zoning 53 N. Church Street from R-2 to 8-3(b ) July 1, 2024
(5) Compliance with other laws and regulations of the City;
Response: Meets. Any future 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: By restricting some of the more i ntense uses staff does not anticipate any significant issues
relating to this criterion curren t ly. Subject property is the lone R-2 on either side of this block of Church
Street; whereas, the rest of the properties are zoned R-4 , B-3b or B-2.
{8} Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
Response: With the existing regulations, as well as restricting some of the more intense uses , staff doe s
not anticipate any significant issues relating to this criterion currently . However, changes in use should
be considered carefully . For example, Church St does not have on -street parking. Additional un its would
need to accommodate parking on-site if the use were approved .
Uses allowed in B-3b from Table 3-1 of the Zoning Ordinance are summarized below.
Dwelling
Single -Fam i ly ('By-right')
Two -family ('By -right')
Multifamily/Apartment ('Permitted on Appeal and subject to special condit ions ')
Mixed-Use ('By -right')
Accessory Dwelling ('Permitted subject to special conditions listed in the ordinance')
Civic
Elementary School ('By -right ')
Secondary School ('By-r ight')
Library ('By-right')
Public Utility ('By -right')
Office
General ('By-right ')
Professional ('By-right ')
Home Occupation ('Permitted subject to special conditions listed in the ordinance')
3
ZC 24 .04 Rezoning 53 N. Church Street from R-2 to B-3(b ) July 1, 20 24
Retail
Grocery ('By -right')
Convenience Store ('Permitted subject to special conditions listed in the ordinance ')
General Merchand ise ('By-right')
Service
Outdoor Recreat ion Facility ('By -right ')
Indoor Rec r eation ('Permitted on Appeal and subject to special conditions')
Personal Storage ('Perm itted subject to special conditions listed in the ordinance ')
Bed & Breakfast ('Permitted on Appeal and subject to special conditions')
Hotel/Motel ('Permitted on Appeal and subject to special conditions')
Recreational Vehicle Park ('Permitted subject to special conditions l isted in the ordinance')
Restaurant ('By -right')
Bar ('By-right')
Entertainment Venue ('By -right ')
Marina ('By -right')
Manufacturing
None
Recommendation:
Staff recommends approval of ZC 24.04, rezoning 53 N. Church Street from R-2 to B-3b w ith the follow i ng
cond itions:
1.) Regardless of the allowed uses in Table 3-1 of the Fairhope Zoning Ordinance, the following uses
shall be prohibited on the subject property:
a. Multifamily/Apartment
b. General Office
c. Professional Office
d. Grocery
e. Convenience Store
f . General Merchandise
g. Outdoor Recreation Facility
h. Indoor Recreation
i. Personal Storage
j. Recreational Vehicle Park
k. Restaurant
I. Bar
m. Entertainment Venue
n. Marina
4
ZC 24 .04 Rezon ing 53 N. Church Street from R-2 to B-3(b ) July 1, 2024
2.) Current use is a single-family residential structure . Any change in use shall meet all applicable laws
and regulations at the time of application.
3.) Add No Parking Signs -recommended by Planning Commission
5
ZC 24 .04 Rezon i ng 53 N. Church Street from R-2 to B-3(b) July 1, 2024
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TOPOGRAPHIC SURVEY
53 NORTH CHURCH STREET
fA!RHOf'E, AIABAMA
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From :
To:
Subject:
Date: -
storewille36608 @ao l.com
turl<stat@aol com ; PJannirul
Rezo ning of 53 N. Church
Mo nday, Jun e 24, 2024 6 :07 :58 PM
Sk ipper Walters and I purchased our town home in Septembe r 2023. We love the qu iet "res idential "
street. We love the city !! Construction has been ongoing at 53 N. Church . We want it to sta y zoned as R-
2. Not interested in a bed n breakfast or anything other than sin gle family res identia l.
Thank you for your consideration in this matter.
God bless .
Sto rey Walters
Power of attorney
To whom it mav concern .
David Martin will be my agent for representation regarding my application for zoning/ distnct
change.
Thank you,
Kattf ryn Mull
0 Y1. CJw.,rJf. ;f .
r-i4r~,A-l
3~i5~l-
TRACY . HESTER
NOTARY PUBLIC STATE OF LOU ISIANA
MY COMMISSION IS FOR LIFE
NOTARY ID NUMBER 056565