HomeMy WebLinkAboutO-1812ORDINANCE NO. 1812
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 Gerald W. Haring (containing 0.69 acres , more or less , and zoned R-1) and
located at 7671 Parker Road, Fairhope, AL.
PPINS # 98380, 7684
Legal Description: (Case number ZC 24.07)
COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T-6-S, R-2-E ,
BALDWIN COUNTY, ALABAMA; THENCE RUN N89°5L'W, 1,549.9 FEET TO A
POINT; THENCE RUN S00 °01'40"W , 1,134.4 FEET TO THE POINT OF BEGINNING ;
THENCE RUN S00 ° 14'25"W, 150.15 FEET TO A POINT ON THE NORTH RIGHT-OF-
W A Y LINE OF PARKER ROAD ; THENCE RUN N89°18'W, ALONG SAID NORTH
RIGHT-OF-WAYLINE200.2FEETTOAPOINT; THENCERUNN00°02'04"E, 149 .64
FEET TO A POINT ; THENCE RUN S89 °26 '59"E , 200 .73 FEET TO THE POINT OF
BEGINNING.
A map of the property to be rezoned is attached as Exhibit A.
The property is hereby rezoned B-4, Business and Professional 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 . Notwithstanding the above state ment of permitted uses, the following
uses shall not be permitted on the subject property: Elementary School, Secondary School,
Library, Public Utility, Grocery, Convenience Store , Convalescent or Nursing Hom e,
Outdoor Recreation Facility, Mortuary or Funeral Home , Personal Storage, Boarding ,
Hou se or Dormitory, or Limited Manufacturing. Rezoning request is for the use as
Professional Office . Any change in use other than Professional Office shall meet all
applicable laws and regulations at the time of application.
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.
OrdinanceNo .1812
Page -2-
ATTEST:
Corey Martin, Council President
Exhibit A:
Gerald W. Haring
Rezone from R-1 to B-4
PPIN: 98380
PPIN: 7684
Parcel Number: 05-46-03-05-0-000-010.006
Parcel Number: 05-46-03-05-0-000-010.005
Legend
-Road
□Parcel
ZoningDistrict
a 8-4 -Business and Professional District
PUD -Planned Unit Development
R-1 -Low Density Single-Family
aor.oop signature verification:
Page4of6
APPLICATION FOR ZONING DISTRICT CHANGE
Property Owner / Leaseholder Information
Name: Gerald w Haring Phone Number: ~2=5=1=7=5=2=9=11=6=====~-
Street Addr e s s: 7671 Parker Lane ------------------------------City: Fairhope State:Alabama Zip:
Applicant / Agent Information
If differ"nt from above.
36532
otarized letter from property owner is required if an agent is u sed for representation.
Name: Christopher Lieb Phone Number: 251 .978.9779 -----------Street Address: 1290 Main Street Suite E
City: Daphne State: AL Zip: _3_65_2_6 ______ _
Current Zoning of Property: _R_-1 __________________ _
Proposed Zoning/Use of the Property: _B_-4_P_r_of_e_ss_io_n_a_l Offi_c_e _________ _
Property Address: _7_67_1_P_a_rk_e_r _R_oad ____________________ _
Parcel Numb er: 05-46-03-05-0-000 -010.oos , 05-46-03-054000-o10 .005
Property Legal Description: _S_e_e _a_tt_a_c_h_e _d ______________ _
Reason for Zoning Change: To be able to use both the lots for professional office use.
Property Map Attached
Metes and Bounds Description Attached
Names and Ad dres s of all Real Prop erty Owners
@
@)
NO
NO
within 300 Feet of Above Described Property Attached. NO
Character of Improvements to the Property and Approximate Constn.lction Date: ____ _
A Gravel Parking Lot will be installed on the lot with the building as well as required mamterianca items for the building .
Construction from October 2024 uni~ December 2024 .
Zoning Fee Calculation:
Reference: Ordinance 1269
I certify that I am the property uwner /l easeholder 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 sign this application . ..=----:;..;:...------------.
Glenn Haring, executor of the estat e of Gerald
Haring
June 20th 2024
Date
~-~a.--J"p~v
~
dotloopve'lffed
06/20/Z4 8:24 PM CDT
POKC-9\/Ef-BVYB-\IPEO
Fairhope Single Tax Corp. (If Applicable)
uuu-V!JfJ :::.~nawre vermcaoon: ,.
To whom it may concern ,
I, lucinda Nunnally, Rema>< by the Bay, am the listing agent representing
the family of Gerald W. Haring in the sale of 767 1 Parker Lane and the
adjacent lot -7693 Parker Lane.
Gerald W Haring died in March of 2022. Glenn Haring, his son, is the
executor of the estate and has the authority to sign for the estate.
If you have any questions or need any further documentation, please feel
free to call me an or send me an email.
Sincere ly,
Lucinda Nunnally
ReMruc by the Bay
<lodoop \llertfied I C6121l1248".35PM COT
HC!P-FBIC>IPA!l-9UGN
251 423 7127
lucinda@luc indanunnally.com
<iltloop signature verification:
CITY OF FAIRHOPE
P.O . Box 429
Fairhope, AL 36533
(251) 928-8003
ZONING APPLICATION
u.Juuuµ !l.J,!:;nat:ure venncaoon;
Page 2 of6
ZO NI NG CHAGE APPLICATION
Authority: The City o f Fairhope i s authorized under the Code of Alabama, 1975 to
create, establish , and amend z o ning districts throughout the corporate limits.
Public Notice: All zoning change applications are required by State Law to give
notice in both the news paper and to all real property owners with 300 feet of the
proposed change. The cost of this notice is paid by the applicant. All notice charges
are paid at the time of application submission.
Zoning change requests are a public hearing at both the Planning Commission and
the City Council meetings. All in terested persons will be given the opportunity to
speak either pro or con for the proposal.
Planning Commission: The Planning Commission will conduct the required public
hearing and has three (3) options: 1) recommend approval to the City Council; 2}
recommend denial to the City Council; or 3) table the request for further study.
City Council: The City Council will conduct the required public hearing and
consider the recommendation of the Planning Commission. The Council has four (4}
options: 1) deny the request; 2) approve the request; 3) table the request for further
study; or 4) retu rn the request to the Planning Commission for re-consideration.
The City Council has final authority in determining if a zoning change request is
approved.
Zoning Change A pplication Submission: The zoning change application must be
complete. An app lication is not considered complete unless all required documents
are provided at t h e time of submission. An incomplete application may not be
accepted by staff.
Deadlines: The City of Fairhope wishes to expedite the zoning change process in the
best and most effective manner possible. To that end , it is important that deadline
times and dates are adhered to by the applicant.
uoa oop signature vertllcation :
Page3 of6
ZONING CHANGE FLOW CHART
Consultation with Staff
Zoning Change
Application Submittal
Staff Review of
Submission
Planning Commission
Consideration
City Council
Consideration
Completed Application
Property Map
Map of adjacent
properties with zoning
-Names and addresses of
property owners wit.run
300 ft.
oo oop signature verification:
Page 5of6
ORDINANCE NO. 1054
AN ORDINANCE AM E NDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO
REQUIRE THAT PUBLIC NOTICE SIGNS BE P O SED ON PROPERTY BEING CONSIDERED FOR A
ZONING CHANGE
❖ WHEREAS, The City of Fairhope, Alabama has recognized that the planning process is open
to public participation and input, and
❖ WHEREAS, The City of Fairhope , Alabama realizes that planning decisions that impact the
city should be publically known, and
❖ WHEREAS, The Cit y of Fairhope , Alabama desires to maximize public knowledge and input
into the planning process, and
❖ ·wHEREAS, The City of Fairhope, Alabama is dedicated to serve the citizens of the community
by keeping them informed about potential change ,
BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF FAIRHOPE ALABAMA, THAT:
1. The ordinance known as the Zoning Ordinance (No. 557) Section 8.61, amended by
Ordinance 1025 , is hereby amended to insert the following paragraph:
The applicant is also required to post on the property being considered for a zoning change a
sign that gives public notice. This sign shall be posted adjacent to a publicly dedicated street.
The sign shall be furnished by the City at the time of application. The sign shall be no later
than 15 d ays b efore the Planning Commission meeting and shall remain posted until after
final action by the City Council. The applicant shall remove the sign from the property and
return it to the City within 2 days of final action by the City Council.
It is the sole responsibility o f the applicant to post the sign in accordance with these
regulations. Failure to post this sign may result in nullification of the zoning change decision
and application.
2. Severability Clause
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held
to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance.
3. Effective D a te
This ordinance shall be in full force upon its adoption and publication as provided by law.
Adopted this the 10th day of May 1999.
James P. Nix, Mayor
Geniece W . Johnson, City Clerk
Summary of Request:
Christop her Lieb is the authorized agent for the case . The owner, Gerald Har i ng, is de ceased . Gl e nn Haring
(son) is t he executor of the estate. Authorized agent r equ ests t he sub j ect property be re zoned from R-1, Low
Dens ity Si ng le Family Residential District to B-4, Business and Professional District. The property is lo cat ed at
7671 Par ker Road and consists of two (2) parcels . Applicant desires to eventually uti lize both parcels fo r
profess i o nal office use . The more i mmed iate plan is for Appl i cant to make the existing resi dential build i ng i nto
a pro f essional office . The eastern parcel is adjacent to a Baldwin County RSF -2 parce l.
Arti cl e 11 1, Se ction A(14):
14 . B-4 Business and Professional Disnicr: Thi» district i& intended to proYide opportunity for business
establishments of a pr ofessional nature and is restricted ro offic~ and businesse~. which proYide specific
corporate func tions or professional sei,·ices ro the general public .
Figure 1: City Zoning
Pl '..) .:inn c:d ln it )eve-c•o 1cr ,t
-R • Le '.; :)e n!:. .y Sins ".:· =.,, ·, ~C !:. don ti,:I
Dis.tr ct
Figure 2: Subject parcels and adjacent Baldwin County zoned parcel.
-RSF-2
100 256
1
Cl)
co
"" ..-
ZC 24 .07 Rezoning 7671 Pa rker Road from R-1 t o B-4-Aug ust 5, 202 4
Site Plan
L
05-46-03-05-0-000-0 I 0.006
HAR ING, GERALD W
7671 PARKER RD
FAIR HO PE, AL 36532
l _ 8 .... Ll<[ __ ::_:·:·};~'-:
Comments:
-J ..:J -4 -· -'"•-:;
11 ;
05 -46-03-05 -0-000-01 O.D05
HARING , GERALD W
7671 PARKER RO
f AIRHOP!:, AL 36532
The subject property currently has a single-family home and some accessory structures . The subject
property l ies next to the city zoned Parkstone PUD (residential) to the west and north and Baldwin County
residential to the east. West along Parker Road at the Hwy 98 intersection are also county zoned business
districts. Directly across the street is the Fly Creek PUD, which has business and residential components;
thus, B-4 zoning makes sense in this area.
There are incompatible uses adjacent to the subject property (Baldwin County RSF-2 and a residential PUD),
so the Applicant has provided a 20 ft landscape buffer around¾ of the property.
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 professional office is appropriate for the neighborhood.
However, conversion of the house into a "boarding house or dormitory" or "public utility," which are
available uses in B-4, for example, would be a change in use and require appropriate reviews.
2
ZC 24.07 Rezoning 7671 Parker Road from R-1 to B-4 -August 5, 2024
A Re-Zoning Request is considered a Zoning Map Amendment and the application is rev iewed pursuant to the
Criteria in Art. II, Section B(l)(e).
(1) Compliance with the Comprehensive Plan;
Response: The 2015 Comprehensive Plan identifies this area as North Village with office and residential
components. Adjacent properties are zoned business by the County and the North Village aka Fly Creek
PUD has both commercial and residential units.
(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 vetted
accordingly .
(3) The character of the surrounding property, including any pending development activity;
Response: Meets. The only development activity currently considered is parking. Required buffers and
twenty (20) foot setbacks provide protection from adjacent residential property. Future changes in use
should be carefully reviewed for impacts on 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, then
that may require additional demands on infrastructure.
(SJ 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. The Zoning Ordinance and Tree Ordinance already provide protections to adjacent residential
property by way of setbacks and landscape buffers .
(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: None anticipated . Parker Road is busy already with the Fly Creek PUD and the subject
property being located closer to the intersection with Hwy 98 should not have negative impacts for the
adjacent properties.
3
ZC 24.07 Rezoning 7671 Parker Road from R-1 to B-4-August 5, 2024
(B) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
Response: Staff do not anticipate any significant issues relating to this criteri on currently. However,
changes in use should be considered carefully .
Uses allowed in B-4 from Table 3-1 of the Zoning Ordinance are summarized below.
Dwelling
Sin gle-Family ('By -r ight')
Townhouse ('Permitted subject to special condition s li sted in the o r d inance ')
M ixed -Use ('By-right')
Accessory Dwelling ('Perm itted subject to special cond itions listed in the ord i nance ')
Civic
Elementary School ('By -right')
Secondary School ('By -right')
Li br ary ('By -right')
Pub li c Util ity ('By -right ')
Hosp ital ('Permitted on Appeal and subject to special conditions ')
Public Open Space ('By -right')
Common Open Space ('By -right')
Public Utility ('Permitted on Appeal and subject to spe ci al conditions ')
Office
Ge nera l ('By -right')
Professional ('By -right')
Home Occupation ('Perm itted subject to special condit i ons listed in the ordinan ce')
Service
Convalescent or Nursing Home ('Permitted on Appeal and subject to special cond it ions')
Ou t door Recreation Facility ('Permitted on Appeal and sub j ect to special cond it i on s')
Day Care ('Permitted on Appea l and subject to specia l cond itions ')
M o rt uary or Funeral Home ('Permitted on Appeal and subject to special cond it ion s')
Personal Storage ('Permitted subject to special conditions li sted in the ord i nanc e')
Boarding House or Dormitory ('By-right')
Manufacturing
Limited ('Perm itted subject to special conditions listed i n the ord i nance ')
4
ZC 24 .07 Rezoning 7671 Pa r ker Road from R-1 t o B-4-A ug ust 5, 2024
Recommendation:
Staff recommends approval of ZC 24.07, rezoning 7671 Parker Road from R-1 to B-4 with the following
conditions:
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. Elementary School
b. Secondary School
c. Library
d. Public Utility
e. Grocery
f . Convenience Store
g. Convalescent or Nursing Home
h. Outdoor Recreation Facility
i. Mortuary or Funeral Home
j . Personal Storage
k. Boarding House or Dormitory
I. Limited Manufacturing
2.) Rezoning request is for the use as Professional Office. Any change in use other than Professional
Office shall meet all applicable laws and regulations at the time of application .
5
ZC 24 .07 Rezoning 7671 Parker Road from R-1 to B-4 -August 5, 2024
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