NOTICE. Notice is hereby given that on the day of --', 20-, the. Board of Commissioners of the City of Dothan, Alabama, will consider for passage
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1 NOTICE Notice is hereby given that on the day of --', 20-, the Board of Commissioners of the City of Dothan, Alabama, will consider for passage and adoption at its regular meeting in the Commission Chamber in the City Hall of said City the following ordinance at which time all persons who desire shall have an opportunity of being heard in opposition to or in favor of said ordinance. ORDINANCE NO. 20 BE IT ORDAINED by the Board of Commissioners of the City of Dothan, Alabama, as follows : Section 1. Upon the favorable recommendation by a nine to zero vote by the Planning Commission of the City of Dothan, Alabama on February 18, 2015, and after public notices and hearing thereon as required by law, Chapter 114 of the Code of Ordinances of the City of Dothan, Alabama, and the Zoning Map of the City of Dothan, Alabama, adopted therein and on file in the offices of the City Clerk and the City Engineer of the City of Dothan, Alabama, are hereby amended as follows: The following described land, owned by James Wilson, now zoned District by Chapter 114 of the Code of Ordinances and shown on the Zoning Map of the City of Dothan, Alabama, is hereby rezoned and classified as B-2 District: A parcel of land located in the City of Dothan, Houston County, Alabama, and being more particularly described as follows: BEGINNING at an existing iron pin(eip)(branton) marking the intersection of the East R/W of Twitchell Road (60' R/W) and the South R/W of Ross Clark Circle (250' R/W) and from said point run N 88 21'17" E along the South R/W of Ross Clark Circle a distance of feet to an(eip)(branton); thence S 01 33'06" W a distance of FT to an EIP(1/2" PIPE); thence S 89 42'00" Wa distance of FT to an EIP(1/2" PIPE); thence 1\ '00" W a distance of FT to an EIP(BRANTON); thence S 89 42'00" Wa distance of FT to an EIP(BRANTON) on the East R/W of that above mentioned Twitchell Road; thence N 00 30'37" E along the last mentioned R/W a distance of FT to the POINT OF BEGINNING. Said land being located in the SW 1/4 of the NW 1/4 of Section 12, T3N, R26E and containing acres.
2 Rezoning Ordinance No. 20_- Case No. PC-RZ-lS Page 2 of2 Section 2. That portions of said Zoning Map of the City of Dothan, Alabama, referred to in said Chapter 114 of the Code of Ordinances, which have been zoned and classified as set out above to be changed to show aforesaid rezoning and classification. PASSED, ADOPTED, AND APPROVED ON, 20 ATIEST: Tammy Danner, City Clerk Mayor Associate Commissioner District 1 Associate Commissioner District 2 Associate Commissioner District 3 Associate Commissioner District 4 Associate Commissioner District 5 Associate Commissioner District 6 BOARD OF CITY COMMISSIONERS ************ I hereby certify that the above ordinance/notice was published once a week for two consecutive weeks in THE DOTHAN EAGLE on and ************ Tammy Danner, City Clerk I, Tammy Danner, do hereby certify that the above ordinance was published in THE DOTHAN EAGLE, a newspaper of general circulation and published in the City of Dothan, Alabama, on ************ Tammy Danner, City Clerk I hereby certify that a copy of the above ordinance has been filed in the Office of the Probate Judge together with plans pertaining thereto. Tammy Danner, City Clerk
3 Current Zoning Proposed Zoning : Heavy Industry B-2: Highway Commercial ROSS CLARK CIRCLE
4 PLANNING COMMISSION STAFF REPORT - FEBRUARY 12, 2015 MEETING DATE - FEBRUARY 18, 2015 CASE NUMBER: RZ Case Manager: Dawn Wrinn, CAPZO Summary of Information: Project Name: Property Address: Requested Action: Applicant: Property Owner: Request to Rezone from to B Ross Clark Circle Rezoning Northstar Engineering Services representing, James R. Wilson, III Zoning/Land Use: ACREAGE OF SITE EXISTING LAND USE - SUBJECT EXISTING LAND USE - NORTH EXISTING LAND USE - SOUTH EXISTING LAND USE - EAST EXISTING LAND USE - WEST ZONING DISTRICT - SUBJECT ZONING DISTRICT - NORTH ZONING DISTRICT - SOUTH ZONING DISTRICT - EAST ZONING DISTRICT - WEST PROPOSED ZONING - SUBJECT FUTURE LAND USE MAP - SUBJECT FUTURE LAND USE MAP - NORTH FUTURE LAND USE MAP - SOUTH FUTURE LAND USE MAP - EAST FUTURE LAND USE MAP - WEST HOTEL/CONFERENCE CENTER INDUSTRIAL INDUSTRIAL UNDEVELOPED AUTO DEALERSHIP B-2 - HIGHWAY COMMERCIAL COMMERCIAL HEAVY INDUSTRY HEAVY INDUSTRY COMMERCIAL COMMERCIAL General Discussion: On behalf of the property owner, James R. Wilson, III, the applicant, Northstar Engineering Services is requesting a favorable recommendation for the rezoning of acres, which is located at 4090 Ross Clark Circle, from, Heavy Industry District to B-2, Highway Commercial District. The property currently has sited on it a hotel and a conference center. Both developments were previously reviewed and approved by the Planning Commission as permitted commercial uses under the zoning district at the time. Changes to the Zoning Ordinance in 2010 prohibit the proposed use of the additional building that the owner desires to construct necessitating this rezoning application. Case No. RZ-1S Northstar Engineering Services representing James R. Wilson, III Page 1 of 4
5 1,lii0i " ZONING AND VICINITY MAP AERIAL VIEW Case No. RZ-1S Northstar Engineering Services representing James R. Wilson, III Page 2 of 4
6 " --I'.r..."..Or'l SURVEY MAP Land Use Compatibility: The land use plan indicates that this area should be commercial, therefore this request is compatible with the land use plan for the City and good zoning practices for the following reasons: It is located near a node of an intersection, Headland Avenue. It is consistent with adjacent densities and/or land use patterns for commercial development. The Future Land Use Plan for the Ci Business Districts l C<lmmercial _ Case No. RZ-lS Northstar Engineering Services representing James R. Wilson, III Page 3 of 4
7 Building Setbacks, Height, Buffers: H-/ 8-2 Front Setback: Rear Setback: Side Setback: 10 5 Building Height Limit: N/A 145 feet/l0 stories Sign Height Limit: 42 ft./312 sq. ft. sign area 42 ft./312 sq. ft. sign area Buffers: 30' to 50' buffer required between adjacent uses depending on square-footage of proposed development 25' to 50' buffer required between commercial and residential uses depending on square-footage of proposed development Impact on the Environment: This property does not contain any special hazard flood areas or any streams that would be impacted by this rezoning. There are no other known environmental concerns at this time. Impact on Travel: There are no known impacts on the traffic system at this time. However, future changes in land use based on a 8-2 zoning district would yield traffic concerns and be addressed by the Traffic Engineer in any future development process. Impact on Public Services & Facilities: There are no known impacts on public services and facilities at this time. However, the Fire Marshal has indicated that "Additional fire protection may be required once developed." Staff Recommendation: Staff recommends that Case No. RZ , rezoning request for acres from, from, Heavy Industry District to 8-2, Highway Commercial District, as shown on the map stamped "Received January 28, 2015", having been duly considered in a public hearing held on February 18, 2015, following advertised legal notice and notice posted on the property, be referred to the Dothan City Commission for approval with an affirmative recommendation from the Planning Commission subject to the provisions of the City of Dothan Zoning Ordinance. Case No. RZ-1S Northstar Engineering Services representing James R. Wilson, III Page 4 of4 --~ ~~ ~
8 Planning Commission Meeting Minutes Page 4 of 9 February 18, 2015 subdividing the property. Mr. Solomon stated they would like to have the rezoning voted on as presented. Ms. White asked ifthere was any other calls regarding this request. Mr. Breaux stated there were no other calls. Ms. Pettway asked a question regarding the led sign age and the time of day it will be displaying the messages. Mr. Solomon stated that they could make arrangements to limit the operation ofthe sign as needed. Mr. Jack Burkhalter, a member ofthe Westgate Church, stated that arrangements can be made to accommodate requests for the sign. Mr. Tindall asked ifthe church is willing to reconsider the height of the sign. Mr. Burkhalter stated the reason the sign is so high is to provide a 10ft clearance under the sign. Mr. Burkhalter stated the entrance to Westgate Park has signs and hedges that make the visibility ofthe church sign impossible. Mr. McDonald stated that a B-3 zone would permit the proposed sign for the church. Mr. Solomon stated the property has been surveyed and a legal description has been provided. Mr. Ansley Whatley stated this property has been surveyed and it is separated. Mr. Breaux stated that unless the property is subdivided, the property would have two different zoning entitlements which is bad practice. IVir. Whatley agreed to separate the property as part of the condition of approval. Chairman Harris called for a motion regarding RZ-1S-0039 with the condition ofsubdividing the property as an additional condition. Mr. Palmer made a motion to recommendfor City Commission approval/ot case RZ-1S Ms. Pettway seconded and the motion passed with eight in favor and one opposed. In favor; Vice Chairman Coleman, Chairman Harris, Mr. Freeland, Ms. White). Ms. Pettway, Mr. Palmer, Mr. Taylor and Mr. Davis. Opposed; Mr. Tindall. Mr. McDonald stated that they would be required to go through the in house subdivision approval process before it is submitted to the City Commission. ~ 8. RZ ~ Request recommendation of a rezoning of acres located at 4090 Ross Clark Cir., from H-l District, Heavy Industrial to B-2 District, Highway Commercial, James Wilson represented by Northstar Engineering Services. Ms. Wrinn stated the property has already been developed and the property owner is looking to rezone a portion from H I to a B-2 to allow a new use. Chairman Harris stated at the time of development, Heavy Industrial zoning allowed hotels and now it does not. Ms. Kathryn Blanchard of Mockingbird In. asked what the current zoning was and what the requested zoning is. Chairman Harris discussed the purpose of rezoning and difference between the zoning districts. Mr. lee Brown with Northstar Engineering represented the applicant regarding the request. Mr. Brown stated that the rezoning is requested to cover only what is already developed and that the vacant area is actually a flood area that cannot be developed. Mr. Brown stated that there is a small green space in the corner of the parking lot that they are wanting to develop and that they are not able to do so until the property is rezoned. Ms. Blanchard asked for further clarification with regards to the development. Chairman Harris called for a motion regarding RZ-1S Ms. Pettway made a motion to recommendfor City Commission approvalfor case RZ-1S Mr. Palmer seconded and the motion passed unanimously. 9. DP : Request approval of a development plans for a hotel at 3394 Ross Clark Circle, 8-2 District, Highway Commercial, Hitesh Patel represented by Northstar
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