City Council

AGENDA CITY COUNCIL MEETING COMMITTEE OF THE WHOLE MAY 20, 2013 3:00 PM 1. Councilmember Discussion Period A. Councilman Doughty 2. Director of Finance and Administrative Services – A. Authorize Contract – RiverTree Systems 3. Director of Recreation and Cultural Affairs – A. Assembly Permit – COGS July 4th Fireworks – Public Beach 4. Planning Director – A. Bodie Lane Rezoning Request – Z2013-02 5. City Clerk – A. ABC License Applications – LuLu’s Landing, Inc. – Cobb Pinnacle 14 Cinemas 6. Mayor – A. Mayor 7. Adjourn A. Adjourn TO: Mayor Craft & Members of the City Council FROM: Andy Bauer, Director of Planning & Zoning SUBJECT: Z2013-02 2347 Bodie Lane Rezoning Request DATE: May 20, 2013 ISSUE: Mr. Walter Bower proposes to rezone approximately 0.77 acres of land from R-1-4 (Medium Density Single Family) to R-3 (Limited Density Multiple Family). RECOMME DATIO : Planning Department staff and the Planning Commission recommend the City Council deny the rezoning request. BACKGROU D: The property is located on the west side of Bodie Lane and was part of the 2011 legislative annexation. The applicant is seeking this zoning designation in order to construct a multi-family development. The Planning Commission voted 8-0 to recommend denial of this application at their February 26, 2013 Planning Commission meeting. PREVIOUS COU CIL ACTIO : Not Applicable BUDGET IMPLICATIO S: Not Applicable RELATED ISSUES: Not Applicable ATTACHME TS: Staff Report TO: Mayor Robert Craft and DATE: May 20, 2013 Members of the City Council FROM: Andy Bauer, AICP Director of Planning & Zoning ------------------------------------------------------------------------------------------------------------------ SUBJECT: Z2013-02 2347 Bodie Lane Rezoning R-1-4 to R-3 ------------------------------------------------------------------------------------------------------------------ OVERVIEW: Mr. Walter Bower proposes to rezone approximately 0.77 acres of land from R-1-4 (Medium Density Single Family) to R-3 (Limited Density Multiple Family). The property is located on the west side of Bodie Lane. The applicant is seeking this zoning designation in order to construct a multi-family development. BACKGROU D: The application was submitted December 12, 2012, and was distributed to all applicable City personnel for review and comment. Staff has notified the property owners within 750 feet of the site and posted the property as required. Staff has not received any correspondence regarding the rezoning request. This property was a part of the large area of land located on the north side of Ft. Morgan Road between West Fairway and The Peninsula Development which was legislatively annexed into the City in October 2011. Upon annexation all of the property was automatically placed into the R-1- 4 Zoning District. Planning Commission: At the February 26, 2013 meeting the Planning Commission voted 8-0 to recommend denial of this rezoning application. A ALYSIS: Land Use Plan: The Land Use Plan (LUP) provides and illustrates an overall strategy for how Gulf Shores intends to develop in the future and acts as a guide to zoning decisions. The LUP indicates this area of the City should be developed as Medium Density Residential (4-8 units per acre). Medium density residential uses are single family detached and attached housing on smaller lots though some limited density multi-family may fit within this range. R-3 zoning is not in compliance with the future land use of this area because R-3 allows a maximum of 10 units per acre. Existing Land Uses and Zoning: The existing land use on Bodie Lane can be characterized as mainly single family dwellings with the exception of a grandfathered business use and multi- family development (Peppertree Apartments) zoned R-4 at the end of the street and one duplex Z2013-02 2347 Bodie Lane March 18, 2013 Page 2 unit. The lot widths range from 80 feet to 120 feet and all of the lots are developed with the exception of 2. The majority of the existing land uses correspond with the R-1-4 zoning district. Island Retreat RV Park, zoned R-5, is to the west of the properties along Bodie Lane. Additionally, if this specific property was to be rezoned it could very well be classified as spot zoning which is illegal. Spot zoning is defined as zoning specific parcel of land within a larger zoned area when the rezoning is at odds with the city's Land Use Plan and current zoning restrictions. Spot zoning is for the benefit of a particular owner, and is incompatible with the surrounding development. RECOMME DATIO : : Staff and the Planning Commission recommend the City Council deny this rezoning request due to compatibility issues with the existing single family development and the proposed rezoning could be classified as spot zoning.  NOTICE OF PUBLIC HEARING Notice is hereby given that the following named applicants have applied for an ABC Board Alcohol License. A Public Hearing and voting on such license will be held on Monday, May 20, 2013, at a regular Gulf Shores City Council Meeting which begins at 4:00 p.m. in Gulf Shores City Hall. Those wishing to express disapproval of said license may appear before the Council on said date or mail comments in advance to: The City of Gulf Shores P. O. Box 299 Gulf Shores AL 36547 Attn: City Clerk Cobb Theatres III, LLC LULUS Landing Inc d/b/a Pinnacle 14 Cinemas d/b/a LULUS 3870 Gulf Shores Parkway 200 East 25th Avenue Retail Beer & Wine License Special Retail – More than 30 days (On or Off Premises) (All premises) Wanda Parris, MMC City Clerk 203 Clubhouse Drive, Second Floor PO Box 299 Gulf Shores, AL 36547 www.gulfshoresal.gov (251) 968-1125 desk (251) 968-4459 fax