HomeMy WebLinkAboutO-1065oLL
Z
w
O�
ORDINANCE No. 1065
AN ORDINANCE AMENDING ORDINANCE NO. 557
KNOWN AS THE ZONING ORDINANCE
TO REZONE PROPERTY IN ACCORDANCE
WITH APPLICABLE STATE REQUIREMENTS
The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975,
together with the Zoning Map of the City of Fairhope, Alabama be and the same
hereby is changes and altered in respect to the certain property described below:
WHEREAS, the City of Fairhope has received a request for a change in zoning
district boundaries from Mr. S. Stark Irvine; and,
WHEREAS, A portion Mr. Irvine's property is currently zoned 134-Professional
Office; and,
WHEREAS, Mr. Irvine seeks to change this zoning to B2- General Business; and,
WHEREAS, after appropriate public notice and hearing, the Planning and Zoning
Commission of the City of Fairhope, Alabama, has forwarded a recommendation to
the City Council for amendment of Ordinance No. 557 and the Official Zoning Map
by rezoning certain property as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA:
That, The property located at the corner of Prospect Street and US Hwy 98
(Greeno Road) Case Number ZC 99-17 shall be Re -zoned from 134-
Professional Office to 132-General Business;
2. That, the property being rezoned is described as follows:
Lots 14 and 15, Block 9 Ingleside Heights Addition recorded in Map Book 1
Page 72 of the Probate Records of Baldwin County, Alabama.
3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of
the City Council that the section, paragraphs, sentences, clauses, and
phrases of this ordinance are severable, and if any phrase, clause, sentence,
paragraph, or section of this ordinance shall be declared invalid or
unconstitutional by the valid judgement or decree of any court•of competent
jurisdiction, such invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, or sections of this
ordinance, since the same would have enacted by the City Council without
the incorporation in this ordinance of any such invalid or unconstitutional
phrase, clause, sentence, paragraph, or section.
4. EFFECTIVE DATE. This ordinance shall take effect immediately upon its
due adoption and publication as required by law.
APPROVED THIS 111h of
ATT T:
A.
Geniece W. Johnso , City Clerk
Ja
1999. ,
P. Nix, Mayor
CITY OF FAIRHOPE
CITY COUNCIL COVER SHEET
October 11, 1999
ZC 99-17 Public Hearing to Consider the Request of Mr. Stark Irvine to
Rezone the Southeast Corner of Lots 14 and 15, Block 9, Ingleside
Heights Addition from B4- Professional Office to B2- General
Business (Located at the Southwest comer of Fairhope Ave. and
Greeno Rd.)
i 'V
Mr. Stark Irvine is representing Compass Bank in this rezoning application. The
property is located at the corner of US 98 and Fairhope Ave. Compass Bank and the
associated small office space will be removed from the site to make way for a new
Walgreen drug store.
The issues associated with this zoning change are as follows:
1) Conformity with the Comprehensive Plan: The currently adopted Comprehensive
Plan for the City indicates this property as commercial. This zoning change request is
in conformance with the Comprehensive Plan. The request from B4 to B2 is changing
from one commercial district to another.
2) Zoning Change: A portion of the property is currently zoned 64- Business and
Professional Office and a portion of the property is zoned 132-General Business. The
B4 portion of the property expressly prohibits retail uses. The use of the property, a
drug store, is a retail use. They are, therefore, seeking a zoning change so that the
entire parcel is zoned 132-General Business. Please see a copy of the zoning map
attached; it illustrates the property and the current zoning boundaries.
The Planning Commission considered this request at the September 7, 1999 meeting
and forwarded a favorable recommendation.
STAFF RECOMMENDATION:
To approve ZC 99-17, because it is in conformance with the Comprehensive Plan.
Respectfully Submitted for Consideration,
C4'5 -z> -gw��
Christophe D. Baker
Director of Planning and Building
v
."fir R°Sq Av
/ R-2
' GR-2
A> vE R - 2
vRy,,00p \
R-2
4 1
l J
ENWOOD AVE. UDUB N
ESHA i C El R-1
i PLACE
iOLIVE AVE.
N
HOLLY
j LILLIiN0A
o j OR.
)DLAN zt U/ R- 1 RGREEN i
T j ON w J v R-1 L
Lnran Q, d i
i
AYFER AVE.
R-1
i MARCA z
1 5
j COURT Z
_J
- 2 N
a R-1
g NN LANE
EDWARDS AVE
R-1 R-1 6rFUA
1 I i,Ya y ✓... K..r 1. "t l i,.k,3'a_
....ass-.Z'�'.,wa.. r�Y� , �'r!' �
h � n:
t
g u<r9,
Y"`o
ROWNG OAKS
_aeo_io.a1 �•'
R-
BROOK
r.. o
A r
o
s
LANE
E
( R- i j
1 (P.U.D.
GAYFER- AVENUE'
C,O
HWY 34
I
1
o
- 1 R-1
D_
IEHL AVE.
L
_ .
--
I
SCHOOL!
�
4
e
!
t o
ELEMENTARY
4,(
Ld
-!
i i
R-1 till
'y o l
o
ILANE RCHARD ' i 3 i PLANTATION POINTE N 1
EO=L i 1 R_4 B-2 ( J SHOPPING CENTER B-2 R-t I m MIDDLE ScnooL 1
I i 1
�- PpRK z e a 1 $-2
SIMPSON AVE —-- R-5
� OpGROVE m iFA"HOPE ( AV NU _
' i --- -- �� f -5 hI R-
2 I;
12 - ¢� B_2 - FAIRHDPE PROSPECT p R-2
OLEMAN AVE. L JOHNSON�AVE" _2 D)
_ R-3 m
o _ " N @U IR-5 --- R-A
_ 1
u z BELLAN VE BELLANGE` z L��r
3 GEE j- + AVE.. B-2 B-4 R-3 ( R—b i' R—
P m Hy
IW ■ — _ Mo_ 3P1G _u ----- —
n I A—'
�I B-2 i Ij R A
-2 °� j I-4 M B-2
C;
==
eb
O
O
AFFIDAVIT:
This is to certify that the attached legal notice/advertisement
appeared in:
❑ The Baldwin Times, Bay Minette, AL
❑ The Bulletin, Daphne, AL
❑ The Fairhope Courier, Fairhope, AL
❑ The Independent, Robertsdale, AL
❑ The Onlooker, Foley, AL
❑ The Islander, Gulf Shores, AL
a weekly newspaper published in Baldwin County, Alabama
Weekend Edition (includes The Fairhope Courier, The
Onlooker,
The Islander, and The Bulletin)
Publication Date Cost: words/inches x rate
CA -I&, L-133 X,Ito
TOTAL: $ q 2
Legal Ad Representative
Linda Robinson
Aj
BILL TO:.0 ,
ATTN:
P.O./File Number
FOR OFFICE USE ONLY
Paid ...................... Unpaid... .........
Account No. & 0 O O ( u
Gulf A Newspapers
P.O. Box 509
Robertsdale, AL 36567
Phone (334) 947-7712
State of Alabama
County of Baldwin MY COMMISSION EXPIRES MAY 22, 2CO2
Sworn to and subscribed before me
this
day of
19
i
Notary Public, Baldwin County, Alabama
NOTICE OF
PUBLIC HEARING
Notice Is hereby given
that the Fairhope City
Council will hold a Public
Hearing on the following
proposed Ordinance amend.
Ing Zoning Ordinance No.
557; on Monday, October 11,
1999 at 5:30 p.m., Fairhope
Municipal Complex
Chamber, 161 North Section
Street, Fairhope, AL 36532.
All persons who desire shall
have an opportunity to be
I heard in favor of, or in oppo-
sition to, this proposed
Ordinance and are cordially
Invited to be present.
Geniece W. Johnson,
City Clerk
ORDINANCE NO.
Proposed Ordinance
I AN ORDINANCE AMENDING
ZONING ORDINANCE NO.
j 557 KNOWN AS THE ZON-
Y ING ORDINANCE TO
REZONE PROPERTY IN
ACCORDANCE WITH
APPLICABLE STATE
REQUIREMENTS. I
The ordinance known as
the Zoning Ordinance (No.
557) adopted 11 August
1975, together with the
Zoning Map of the City of
Falrhope, Alabama be and
the same hereby is changed
and altered in respect to the
certain property described
I below;
WHEREAS, the City of
Fairhope has received a
request for a charge in zon.
ing district boundaries from
�I Mr. S. Stark Irvine; and,
WHEREAS, Mr. Irvine
seeks to change this zoning
to B2 - General Business;
Land,__ _
1 WHEREAS; —a ter appro-
priate public notice and I
hearing, the Planning and
Zoning Commission of the
City of Falrhope, Alababa,
has forwarded a recommen-
dation to the City Council for
amendment of Ordinance No
557 and the Official Zoning
Map by rezoning certain I
property as set forth herein,
NOW THEREFORE
AFTER APPROPRIATE PUB-
LIC HEARING AND NOTICE
BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY
OF FAIRHOPE, ALABAMA;
1. THAT, The property
located at the corner of
Prospect Street and U.S..
Hwy. 98 (Greeno Road) Case
I Number ZC 99-17 shall bey
rezoned from B4-
I Professional Office to B2-I
General Business;
2. THAT, the property
being rezoned is described
as follows:
Lots 14 and 15, Block 9,
Ingleside Heights Addition
recorded in Map Book 1,
Page 72 of the Probate
Records of Baldwin County,
Alabama.
3. Severability Clause.
That it is hereby declared to
be the Intention of the City
Council that the section,
paragraphs, sentences
clauses, and phrases of this I
ordinance are severable, and
If any phrase, clause, sen-
tence, paragraph, or section
of this ordinance shall be
declared invalid or unconsti-
tutional by the valid judg-
ment or decree of any court
of competent jurisdiction,
such invalidity or unconsti- i
tutionally shall not affect any
of the remaining phrases,
clauses, sentences, para-
graphs, or sections of this
ordinance, since the some
would have been enacted by
the City Council without the
Incorporation in this ordi-
nance of such such invalid
or unconstitutional phrases,
clause, sentences, para-
graph, or section.
3. Effective date This
ordinance shall be in full
force upon its adoption and
publication as provided by
law.
END OF PROPOSED
ORDINANCE
C-9-18
AFFIDAVIT:
This is to certify that the attached legal notice/advertisement
appeared in:
❑ The Baldwin Times, Bay Minette, AL
❑ The Bulletin, Daphne, AL
❑ The Fairhope Courier, Fairhope, AL
❑ The Independent, Robertsdale, AL
❑ The Onlooker, Foley, AL
❑ The Islander, Gulf Shores, AL
a weekly newspaper published in Baldwin County, Alabama
,weekend Edition (includes The Fairhope Courier, The
Onlooker,
The Islander, and The Bulletin)
Publication Date Cost: words/inches x rate
a -as k3o x - I (a
TOTAL: $ oZ (� •�
41"0' 2� .
Legal Ad Representative
Linda Robinson,
BILL TO: i.iou�nie
ATTN:
P.O./File Number
FOR OFFICE USE ONLY
Paid ...................... Unpaid... .........
Account No. Con00t
Gulf st Newspapers
P.O. Box 509
Robertsdale, AL 36567
Phone (334) 947-7712
State of Alabama County of Baldwin MY EXPIRES MAY 22, 2002
Sworn to and subscribed before me
day of
19__!�
Public, Baldwin County, Alabama
SECOND NOTICE OF
PUBLIC HEARING
Notice Is hereby given
the second time that the
Fairhope City Council will
hold a public hearing on a
proposed ordinance amend-
ing Zoning Ordinance No.
557; on Monday, October 11,
1999, at 5:30 p.m.; Fairhope
Municipal Complex Council
Chamber; 161 North Section
Street; Fairhope, AL 36532.
All persons who desire to
have an opportunity to be
heard In favor of, or opposi-
tion to, this proposed ordi-
nance and are cordially invit-
ed to be present.
Synopsis of proposed
ordinance to be considered;
ordinance printed in full in
September 18, 1999 issue of
The Fairhope Courier:
Ordinance Is to Mr. S. Stark
Irvine Property from B-4
Professional Office to
B-2 General Business
Property Legal Description:
Lots 14 and 15, Block 9 1
Ingleside Heights Addition I
recorded in May Book 1
Page 72 of the Probate
Records of Baldwin County, I
Alabama.
C-9-25
TO: THE FAIRHOPE COURIER
FROM: GENIECE W. JOHNSON, CITY CLERK
THE ATTACHED NOTICES ARE TO BE PUBLISHED AS INDICATED
PLEASE BILL P O NUMBER
CITY OF FAIRHOPE
P O BOX 429
FAIRHOPE, AL 36533
334/928-2136 ExT 198
THANK �✓
` Q� DATE /✓
.Z✓�iN� �fq*lv
Ir.
FAIRHOPE PLANNING COMMISSION
FINAL REPORT OF ZONING AMENDMENT
Text Change to Zoning Ordinance
J'
CA Request for change of Zoning District `t'" b Z
LN
Description and Map is attached
The Commission has held a public hearing on this matter prior to this final report and wishes
to report to the Fairhope City Council as follows:
We (Do) (Do Not) recommend the proposed zoning text changes as wise,
expedient and necessary for the benefit of the City
We find that the proposed zoning district changeUs)_(Is Not) inconformity
with the comprehensive plan and in the best interests of the City as a whole, and
(Do) (Do Not) Recommend that the City Council adopt an ordinance
implementing the proposed changes as provided by law.
Voting Aye Voting Nay Abstain
Respectfully submitted:
C airman
Rev. 9/98
JAMES P. NIX, C.M.O
MAYOR
GENIECE W. JOHNSON
CITY CLERK, C.M.C.
City of Faixhope
..dam 16e��car�uC 7��e�iile of
P. O. DRAWER 429
FAIRHOPE, ALABAMA 36532
(334) 928-2136
FAX (334) 928-6776
COUNCILMEMBERS:
JOHN V. DUCK
MICHAEL A. FORD, C.M.O.
WILLIAM H. JONES
JEANETTE PUCKETT, C.M.O.
DEBBIE W. QUINN, C.M.O.
As a resident/property owner within 300 ft. of the below listed property you are being
notified of the meeting and are welcome to attend.
At the Fairhope Planning & Zoning Commission meeting scheduled for Tuesday,
September 7, 1999 at 5:OOPM at the City Administration Building, 161 N_LSection Street
in the Council Chambers a public hearing will be held on a request for a zoning change
from B-4 Business & Professional to B-2 General Business for the property located at
2 South Greeno Road(Compass Bank) in order to put a drug store in this location.
All interested parties are welcome to attend.
Betty Rivenbark, Secretary
Planning & Zoning Commission
THE CITY OWNS ITS WATER WORKS. ELECTRIC DISTRIBUTION SYSTEM, GAS SYSTEM AND SEWERAGE SYSTEM
City of Fairhope
P.O. Drawer 42
Fairhope; Alaba .; APPLICATION FOR ZONING DISTRICT CHAN r�
334.928.2136
Applicant/Agent Information:
Notarized letter from property owner Is required If an agent Is used for representation 7 Name :' f �' �rLI/ I Phone Number: i-1, �• L �J 7
Address:_
/ - 6 �
City: [c.
"`•` + ,
State: Zip: S'
Property Owner Information (If Diffe nt Tt7an Above):
Name of Property Owner: 4914 - q�f
/�
Address of Property Owner:_ r � DX �
�,
Cit •- s r L - t "'� " "` State: Zip: 3S2L
Current Zoning of Property: Property Address: Y�G
Proposed Use of the Property: Property Legal Descriptio ��
r�9 r�
Fson for Zoning Change: ,1
�-�e-
I
Property Map Attached: Metes and Bounds Description Attached:
Yes No Yes No
Names and Address of All Real Property Owners within 300 Feet of Above Described Property Attached:
Yes No
Character of Improvements to t e Property and Approximate Construction Date,
—L3Z (o t1G• •L r % Q S1'-4C
Zoning Change Fee Calculation: Certification: 1 certify that I am the property owner, or authorized agent,
and attest that all facts are true and correct.
Filing Fee: 35.00$
Certified Letters: 1.73 ea �J
Publication: 20.00$ Dafe: 7 /f q-
TOTAL: Signature:
PUBLISH ONCE, LEGALS, IN COURIER ONLY, ON (
PLEASE PUBLISH THIS PAGE FIRST FOLLOWED BY THE PROPOSED ORDINANCE.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE FAIRHOPE CITY COUNCIL WILL HOLD A PUBLIC HEARING ON
THE FOLLOWING PROPOSED ORDINANCE AMENDING ZONING ORDINANCE No. 557; ON:
AT 5:30 P.M.; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 1 61 NORTH SECTION
STREET; FAIRHOPE, AL 36532.
ALL PERSONS WHO DESIRE SHALL HAVE AN OPPORTUNITY TO BE HEARD IN FAVOR OF, OR IN
OPPOSITION TO, THIS PROPOSED ORDINANCE AND ARE CORDIALLY INVITED TO BE PRESENT.
GENIECE W. JOHNSON,
CITY CLERK