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Home My WebLink AboutO-1080ORDINANCE No. 1080 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO RE-ESTABLISH AND SIMPLIFY THE SITE PLAN REVIEW PROCEDURES; PROVIDING A SEVERABILITY CLAUSE, AND; PROVIDING AN EFFECTIVE DATE The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975 as amended is hereby altered as prescribed below: WHEREAS, the City of Fairhope realizes that large commercial developments may have negative impacts to adjoining property and the health, safety, and general welfare of the populous, and; WHEREAS, the City of Fairhope desires to maintain its excellence in the built environment, and; WHEREAS, the City of Fairhope desires to protect property owners and citizens from potential negative impacts in order to maintain the health, safety, and general welfare of the populous, and; WHEREAS, the Planning Commission of the City of Fairhope has held the required public hearing and forwarded a favorable recommendation to the City Council for adoption of the amendment listed below NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1. That, Section 5.4 Business District Requirements is hereby amended to read as follows: The following provisions apply to any and all business districts established by this Ordinance (industrially zoned property is exempt from these requirements): Site Plan Approval: A. Purpose: The purpose of site plan approval is to ensure efficient and safe land development; to provide for compatible uses of land; to ensure compliance with applicable design standards; and to ensure compliance with applicable codes, ordinances, and policies of the City of Fairhope. B. Site Plan Approval Required: Site plan approval is required when any commercial building(s) located in a business zoning district (industrial zoning excluded): 1) has a gross floor area of 10,000 square feet or greater and/ or 2) more than 30% of the lot (excluding the building) is impervious. C. Site Plan Approval Process: No building permit shall be issued for any building or construction until the site plan has been reviewed by the Planning Commission and gained approval from the City Council. The site plan approval process does not require public notice nor public hearing. Page -2- Proposed Site Plan D. Site Plan Details: Application for site plan approval shall be made on forms provided by the Planning and Building Department. The application shall be submitted with drawings showing the location of the site and all existing and proposed buildings with sufficient information to evaluate impacts on adjacent properties. Site plan drawings shall be prepared at a scale of 1'=50'. The Planning and Building Department may accept alternate scales provided the scale is adequate to document all physical features. Sheet size shall be large enough to document all physical features and shall be suitable for public record. Site plan submittals shall at a minimum include the following features: 1. Property boundaries with dimensions and setback lines. 2. Location of proposed buildings and structures indicating sizes in square feet. 3. Data to show percentage of lot covered with existing and proposed buildings. 4. Elevations indicating exterior materials. 5. The locations, intensity, and height of exterior lights. 6. The locations of mechanical equipment. 7. Outside storage and/ or display. 8. Drive -up window locations 9. Curb cut locations. 10. Parking, loading, and maneuvering areas. 11. Landscaping plan in conformance with the City of Fairhope Landscape Ordinance. 12. Location, materials, and elevation of any and all fences and / or walls. 13. Dumpster location and screening. 14. Location and size of all signage. E. Supplemental Requirements: City staff may require additional information for specific site plans to determine compliance with city requirements or to fully assess the impact of the proposed development on adjacent properties. Such information may include, but is not limited to, proposed grading and drainage plans, existing and proposed water, sewer, and storm water facilities, flood plain data, traffic analysis, road capacity, market information, and hours of operation. F. Review Procedures: The Planning and Building Department shall coordinate the review of the site plan with other city departments. All site plan documents should be submitted a minimum of 30 days prior to the date of the Planning Commission meeting at which approval is being sought. Staff shall review the site plan submitted for compliance with applicable codes, approved planning documents, requirements, and with sound planning principals and provide the applicant with a written review letter. The applicant shall reply to the letter and furnish any and all changes. Upon receipt of the reply the site plan shall be placed on the next available Planning Commission agenda. Page -3- Proposed Site Plan G. Waiver: The Planning Commission may consider waivers from the requirements. Ultimate approval or denial of a waiver is at the determination of the City Council. H. Recommendation of the Planning Commission: The Planning Commission may table, deny, approve, or approve with conditions the site plan approval request. The City Council may only consider the request once the Planning Commission has made a recommendation. I. Conflicts with Codes or Ordinances: Approval of a site plan does not authorize any work in conflict with any codes, ordinances, or policies of the City of Fairhope. Any alteration to the approved site plan shall require new site plan approval. J. Time Limit on Plan Approval: Site plan approval stands for 1 year from the approval date. If the building permit has not been issued within the year the site plan approval shall be null and void. K. Amendment: The site plan may be amended, but the amendment shall follow the same procedures as a new site plan approval. 2. 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. 3. EFFECTIVE DATE. This ordinance shall take effect immediately upon its due adoption and publication as required by law. APPROVED BY THE CITY COUNCIL THIS 28th of February , 2000. ATT • • Ia.., 'I-e) Ja es P. Nix, Mayor AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: C3 The Baldwin Times, Bay Minette, AL 0 The Bulletin, Daphne, AL ❑ The Fairhope Courier, Fairhope, AL ❑ The Independent, Robertsdale, AL ❑ The Onlooker, Foley, AL ❑ The Islander, Gulf Shores, AL 0 The Ledger, Elberta-Lillian, AL a weekly newspaper published in Baldwin County, Alabama Xeekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate -3- y / OS3 X .l (. TOTAL: $ 16 Legal Ad Representative n Linda Robi BILL TO: rtZ4 ATTN: P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid............ Account No. & Ood/% Gulf *t Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama My COMM:SSION EXPIRES MAY 22, 2002 County of Baldwin Sworn to and subscribed before me this day of 20 0 D G. Notary Public, Baldwin County, Alabama Ordinance No.1060 An Ordinance Amending Ordi- I 1. Pro boundaries with dimes- r Property r+ lions and setback lines. nance No. 557 Known as the Zon- ing Ordinance to Reestabland 2Location of proposed buildings r stizes In a indicating s stouare simplify the Site Plan Review Pro- cedures; Providing a Severability I Providing an Effective anddructures and feet. 1 3, Data to show percentage of lot r Clause, and; covered with existing and pro- , Date. The ordinance known as the I 14osed buildings. Elevations indicating exterior Zoning Ordinance (No. 557), adopted 11 August 1975, as . materials. 5. The locations, intensity, and , amended is hereby altered as pre- height of exterior lights. scribed below: WHEREAS, the City of Fairhope that large commercial e- ! 6. The locations of mechanical equipment. e realizes velopments may have negative im- 7. Outside storage and/or display. 8 Drive-uP window locations. I pacts to adjoining property and the health, safety, and general welfare g. Curb cut locations. 10 parking, loading and maneu- of the populous, and; WHEREAS, the City of Fairhope vering areas. 11. Landscaping plan in conform - desires to maintain its excellence In the built environment, and; Lone with the City of Fairhope WHEREAS, the City of Fairhope Landscape Ordinance. 12. Location, materials, and eleva- desires to protect property owners iii and citizens from potential nega- I lion of any and all fences and/or tive impacts in order to maintain the health, safety, and general wel. 'walls t1l3' Dumpster location and screen. 'ing fare of the populous, and; 1 14. Location and size of all Sig* WHEREAS, the Planning Com- of the City of Fairhope has nage. Imission held the required public hearing E. Supplemental Requirements: and forwarded a favorable recom- City staff may require additional in- 1 mendation to the City Council for 1 of the amendment listed formation for specific site plans to compliance with city re - Iadoption below. determine quirements or to Wily access the t Now Therefore, be it ordained I by the City Council of the City of impact of the proposed develop - on adjacent properties. Such Fairhope, Alabama: 1. That, Section 5.4 Business ment I information may include, but is not limited to, proposed grading and , District Requirements is hereby drainage plans, existing and pro- f amended to read as follows: 1 The following provisions apply I 1 posed water, sewer, and storm wa- facilities, flood plain data, 1110, to any and all business districts established by this Ordinance (in- ter fie analysis, road capacity, market information, and hours of opera- 1 dustrially zoned property is ex- r tion. empt from these requirements): I Site Plan Approval: I A. Purpose: The purpose of site F. Review Procedures: The Building Department plan approval is to ensure efficient I planning and shall coordinate the review of the and safe land development; to pro*site vide for compatible uses of land; plan with other city depart- I All site plan documents to ensure compliance with applica- I masts. should be submitted a minimum of bu design standards; and to an-ble sure compliance with applicable 30 days prior to the date of the Commission meeting at codes, ordinances, and policies of pig nnin which approval is being sought. the City of Fairhope. s B. Site Plan Approval Required: I Staff shall review the site plan sub- for with applies - Site plan approval is required 1 miffed compliance ble codes, approved planning when any commercial building(s) i located in a business zoning dis- documents, requirements, and with sound planning principals 1) h (industrial zoning excluded): 1) has a gross floor area of 1 and provide the applicant with a letter. The applicant and/or 2) square feet or greater and/or 2) pore than 30% of the lot (exclud• written review land alllo the changes1eUpon receipt ing the building) is impervious. any of the reply the site plan shall be of C. Site Plan Approval Process: on the next available Plan - •No building permit shall issued I nin Commission agenda. 9 st for any building or construction t �until G, Waiver; Planning Commis- the site plan has been re- viewed by the Planning Commis• I Sion may consider waivers from requirements. Ultimate appro- the re Sion and gained approval from the 'city Council. The site plan appro- vat denial waiver is at the determination of the City Council. Val process does not require pub I H, Recommendation of the Plan- lic notice nor public hearing. ( D. Site Plan Details: Application nin Commission: The Planning I may table, deny, ap for site plan approval shall be made on forms provided by the I Commission prove, or approve with conditions approval request. The Planning and Building Department. The application shall be submitted the site plan I City Council may only consider the once the Planning Ciom- with drawings showing the Iota- tion of the site and all existing and request mission has made a recommenda• proposed buildings with sufficient l Lon. information to evaluate impacts on adjacent properties. Site plan drawings shall be prepared at a (scale of 1'=50'. The Planning and I (Building Department may accept alternate scales provided the scale �is adequate to document all physi- SHeet shall be cal features. Size large enough to document all physical features and shall be 1 y suitable for public record. Site plan submittals shall at a minimum in. I elude the following features: [I. Conflicts wrih Codes or Ordi- nances: Approval of a site plan (loss not work In 1 conflict with tany codehorize s ordinam ces, or policies of the City of Fair-1 hope: Any alteration to the appro- val site plan shall require new site plan approval. roust: J. Time Limit on Plan Approval: for 1 Site plan approval date. If the year from thehe app buildin� permit has not been is- sued w thin the year the site plan approval shall be null and void. K. Amendment: The site plan may be amended, but the amend- I ment shall follow the same proce- dures as a new site plan approval. 2 Severability Clause. That it is 0 hereby declared to be the intention i of the City Council that the see- r lion, nd P ses of this ordinance lI es, and pphrase, are severable, and ii any p clause, sentence, paragraph, or declared invalid or unconstitution- al by the valid judgment or decree of any court of competent jurisdic- tion, such invalidity or unconstitu- tionality shall not affect any of the i 1 remaining phrases, clauses, San- I tences, paragraphs, or sections of i this ordinance, since the m I would have enacted by y 1 Council without the incorporation i in this ordinance of any such inva- lid or unconstitutional phrase, clause, sentence, paragraph, or section. 3. Effective Date. This ordi- nance shall take immediately uon upon I its due adoption and pa as required by law he City ! I Approved by y Council I this 28th of Februuna�ry, P Nix, Mayor Attest: �'Geniece W. Johnson, City Clerk 3 4 1 AFFIDAVIT This is to certify that the attached legal noticeladvertisement appeared in: ❑ The Baldwin Times, Bay Minette, AL 0 The Bulletin, Daphne, AL E3 The Fairhope Courier, Fairhope, AL p The Independent, Robertsdale, AL Q The Onlooker, Foley, AL p The Islander, Gulf Shores, AL ❑ The Ledger, Elberta-Lillian, AL a eekly newspaper published in Baldwin County, Alabama Weekend Edition.(ncludes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Pubrication Date Cost: words/Inches x rate I -\ S Cl 61 1 1< • 1(10 TOTAL: $ ( S?-> --J � Legal Ad Representative Linda Robinson BILL TO: ATTN: P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid . !-............... .............. CP000I(p Account No. _ Gul st Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin i ( COMMISSION EXPIRES MAY 22, 2002 Swam to and subscribed before me this % day of /J/Ili Notary Public, Baldwin County, Alabama r NOTICE OF PUBLIC HEARING � r !— 2. ctures Indicating Location of proposed buildAIGNed NOTICE IS HEREBY GIVEN THAT THE FAIRHOPP" N-IL WILL HOLD A PUBLIC HEARING ON NO. 557; 3, sizes in square feet. Data to show percentage Owith existing and THE FOLLOWING PROPOSED ORDINANCE AMCNDINO ZONING ORDINANCE ON: proposed buildings. C_') 4. Elevations indicating exterior materials. j 5, The locations, Intensity, and height of exterior lights. AT 5:30 P.M.; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 1 41 NORTH SECTION g, The locations of mechanical equipment. STREET; FAIRHOPC, AL 36532. 1 7. Outside storage and/ or display. B. Drive -up window locations ALL PERSONS WHO DESIRE SHALL HAVE AN OPPORTUNITY TO BE HEARD IN FAVOR OF, OR IN g. Curb cut locations. OPPOSITION TO, THIS PROPOSED ORDINANCE AND ARE CORDIALLY INVITED TO at PRESENT 1 10. Parking, loading, and maneuvering areas. I 11. Landscaping plan in conformance with the City of Fairhope OENIECE W. JOHNSON, ' Cm CLERK ' 12. Landscape Ordinance. Location, materials, and elevation of any and all fences and ORDINANCE No. / or walls. I13. Dumpster location and screening, 14. Location and size of all signage. AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO RE-ESTABLISH AND SIMPLIFY THE SITE PLAN REVIEW PROCEDURES; PROVIDING A SEVERABILITY CLAUSE, AND; PROVIDING AN EFFECTIVE DATE The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975 as amended Is hereby altered as prescribed below: WHEREAS, the City of Fairhope realizes that large commercial developments may have negative Impacts to adjoining property and the health, safety, and general welfare of the populous, and; WHEREAS, the City of Fairhope desires to maintain its excellence In the built environment, and; WHEREAS, the City of Fairhope desires to protect property owners and citizens from potential negative Impacts in order to maintain the health, safety, and general welfare of the populous, and; WHEREAS, the Planning Commission of the City of Fairhope has held the required public hearing and forwarded a favorable recommendation to the City Council for adoption of the amendment listed below NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: That, Section 5.4 Business District Requirements Is hereby amended to I read as follows~ The following provisions apply to any and all business districts established by this Ordinance (industrially zoned property is exempt from i these requirements): Site Plan Approval: A. Purpose: The purpose of site plan approval Is to ensure efficient and safe land development; to provide for compatible uses of land; to ensure compliance with applicable design standards; and to ensure compliance with applicable codes, ordinances, and policies of the City of Fairhope. B. Site Plan Approval Required: Site plan approval is required when any commercial building(s) has a gross floor area of 15,000 square feet or greater. C. Site Plan Approval Process: No building permit shall be Issued for any building or construction until the site plan has been reviewed by the Planning Commission and gained approval from the City Council. The site plan approval process does not require public notice nor public hearing. D. Site Plan Details: Application for site plan approval shall be made on forms provided by the Planning and Building Department. The application shall be submitted with drawings showing the location of the site and all existing and proposed buildings with sufficient Information to evaluate Impacts on adjacent properties, Site plan drawings shall be prepared at a scale of 1'=50'. The Planning and Building Department may accept alternate scales provided the scale Is adequate to document all physical features. Sheet size shall be large enough to document all physical features and shall be suitable for public record. Site plan submittals shall at a minimum Include the following features: 1, Property boundaries with dimensions and setback lines. E. Supplemental Requirements: City staff may require additional Information for specific site plans to determine compliance with I city requirements or to fully assess the impact of the proposed development on adjacent properties. Such information may Include, but Is not limited to, proposed grading and drainage I plans, existing and proposed water, sewer, and storm water facilities, flood plain data, traffic analysis, road capacity, market Information, and hours of operation. F. Review Procedures: The Planning and Building Department I shall coordinate the review of the site plan with other city departments. All site plan documents should be submitted a minimum of 30 days prior to the date of the Planning Commission meeting at which approval is being sought. Staff shall review the I silo plan submitted for compliance with applicable codes. I approved planning documents, requirements, and with sound 1 planning principals and provide the applicant with a written review letter. The applicant shall reply to the letter and furnish any and all changes. Upon receipt of the reply the silo plan shall be placed on the next available Planning Commission agenda. G. Waiver. The Planning Commission may consider waivers from the requirements. Ultimate approval or denial of a waiver Is at the determination of the City Council. H. Recommendation of the Planning Commission: The Planning Commission may table, deny, approve, or approve with conditions the site plan approval request. The City Council may only consider the request once the Planning Commission has made a recommendation. I. Conflicts with Codes or Ordinances: Approval of a site plan does not authorize any work In conflict with any codes, ordinances, or policies of the City of Fairhope. Any alteration to the approved site plan shall require new site plan approval. J. Time Limit on Plan Approval: Site plan approval stands for 1 year from the approval date. If the building permit has not been issued within the year the site plan approval shall be null and void. K. Amendment: The site plan may be amended, but the amendment shall follow the same procedures as a new site plan approval. 2. 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 some 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. 3. EFFECTIVE DATE. This ordinance shall take effect immediately upon its due adoption and publication as required by law. END OF PROPOSED ORDINANCE C-1-15 AFFIDAVIT. This is to certify that the attached legal nodce/advertisement appeared in: El The Baldwin Times, Bay Minette, AL The Bulletin, Daphne, AL The Fairhope Courier, Fairhope, AL 0 The Independent, Robertsdale, AL ❑ The Onlooker, Foley, AL p The Islander, Gulf Shores, AL ❑ The Ledger, Elberta-Lillian, AL aweekly newspaper published in Baldwin County, Alabama %t(Weekend Ediiion.(includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: wordsrinches x rate I+-a2- Ia; l x.Ico TOTAL: S 610 , �5a Legal Ad Representative Linda RoM)LA BILL TO: ATTN: P.Oj'RIe Number FOR OFFICE USE ONLY Paid ...................... Unpaid.:........... Account No. &P UUU/ W Gulf G Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin MY COMMISSION EXPIRES MAY 22, 2002 Swam to and subscribed before me this Z �— day of�y�� 2006 No Public, Baldwin County, Alabama SECOND NOTICE OF r PUBLIC HEARING and time thae Is t %Von r+ hope City I Council will hold a Public Hearing on a proposed ordinance amend., ing Zonin Ordinance No. 557; on M. nday, February 14, 2000 at 5:30 P.m., Fairhope Municipal Complex 1 Council Chamber, 161 North Sec- tion Street, Fairhope, AL 36532. All persons who desire shall have an opportunity to be heard in ; favor of, or in opposition to, this t proposed ordinance and are cor- dially invited to be present. Synopsis of proposed ordi- nance to be considered; Ordinance Printed In full in January 15, 2000 i issue of the Fairhope Courier: An ordinance reestablishing and simplifying the 521111..E p for commercial structures in the Busi• f ness Zoned Districts that are 1 15,000 square feet of gross floor I Brea or larger. CITY OF FAIRHOPE CITY COUNCIL COVER SHEET February 14, 2000 ZC 00-01 Public Hearing to Consider Re-establishing and Clarifying the Site Plan Review Procedures in the Zoning Ordinance At the December, 1999 Planning Commission meeting the commission directed me to re-establish and simplify the site plan review requirements in the Zoning Ordinance. Below is a brief synopsis of the attached Ordinance: 1. Site review goes before the Planning Commission and the City Council 2. Site review is required when the gross square footage of the building is greater than 15,000 sq. ft. 3. Site review does not require public notice or hearing 4. The information requested is based on the potential negative impacts to adjoining property and the safety, health, and general welfare of our citizens. 5. The Planning Commission and the Council may consider and approve waivers of requirements. The proposed ordinance is attached for your review and comment. The Planning Commission considered the request at the January 4, 2000 meeting and recommended approval. STAFF RECOMMENDATION: To approve ZC 00-01 as presented. Respectfully Submitted for Consideration, Christophe D. Baker Director of Planning and Building FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT , Text Change to Zoning Ordinance -kQ-ck� Request for change of Zoning District (Appl 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 Qa) (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 change (Is) (Is Not) in conformity with the comprehensive plan and in the best interests of the City as a whole, and ) (Do Not) Recommend that the City Council adopt an ordinance implementing the proposed changes as provided by law. Members Present Rev. 9/98 Voting Aye Voting Nay Abstain Respectfully submitted: C airman