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Home My WebLink AboutO-1087ORDINANCE No. 1087 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO AMEND AND SIMPLIFY THE PLANNED UNIT DEVELOPMENT DISTRICT IN ACCORDANCE WITH APPLICABLE STATE REQUIREMENTS The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975, is changed and altered as described below: WHEREAS, the City of Fairhope Planning Commission directed the Planning Department to prepare amendments to our Zoning Ordinance; and, WHEREAS, the proposed amendments relate to Planned Unit Developments and disallowing further applications for the R3PGH Patio Garden Home District, 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 as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1. THAT, Section 7.6 Patio Garden Homes and its subsequent amendments be retained in the Zoning Ordinance, 2. THAT, the City of Fairhope shall not accept further any further application to zone property in accordance with Section 7.6 Patio Garden Homes. 3. THAT, Article 6 Planned Unit Development Provisions and its subsequent amendments be deleted in is entirety, 4. THAT, Article 6 Planned Unit Development District be inserted into the Zoning Ordinance; and that it shall read as follows: A. Purpose: The Planned Unit Development District is intended to encourage opportunities for development innovation by allowing mixed -use developments which offer a greater variety in type, design, and layout of the buildings; by encouraging land conservation, and more efficient use of open space; by modification of certain controls in a manner so as to produce large area development arranged to better serve community needs. B. General Provision: Approval of a Planned Unit Development and the related Site Plan shall constitute an amendment to the Zoning Ordinance and shall be processed according to procedures established for all amendments to the Zoning Ordinance and be supplemented with the regulations contained in this Section. C. District Area Requirements: 3acres minimum. D. Permitted Uses: The list of permitted uses shall be described and contained in each Planned Unit Development. Page -2- Ordinance No. 1087 E. Ordinance Required: Each Planned Unit Development shall have an Ordinance that establishes the development regulations for the district. In approving a Planned Unit Development, the ordinance shall reference the site plan which shall prescribe development standards. All development shall be in conformance with the approved Site Plan and development regulations. F. Procedures: 1. Application Procedure: All applications for a Planned Unit Development shall be treated in the same manner as a Zoning Ordinance amendment. 2. Site Plan Requirements: A site plan shall accompany every application for a Planned Unit Development. The site plan shall include the contents established for Planned Unite Development. The site plan after approval shall become part of the amending ordinance. The applicant shall furnish all information required by the Planning Commission of the City Council to determine compliance with these requirements. 3. Conditions Related to Approval: In establishing a Planned Unit Development, each application shall be evaluated by the Planning Commission and the City Council as to its probable impact on adjoining property and community welfare and may be approved or denied as the findings indicate appropriate. The Planning Commission and the City Council shall review the following conditions associated with the development proposal: a. Setbacks for building and structures b. Public street access c. Drainage d. Vehicular traffic, circulation, connections, and parking e. Screening or buffer zones f. Hours of operation g. Activities or uses permitted on the property h. Building or structure heights i. Landscaping j. Maximum lot coverage, impervious percentages k. Pedestrian circulation I. Signs m. Mitigation of noise, fumes, odors, vibration or airborne particles n. Exterior lighting o. Exterior construction materials p. Special fire protection q. Outside storage and display of merchandise r. Refuse and waste storage s. Lot sizes and dimensions t. Accessory buildings u. Other information shown on the site plan 4. Building Permit Compliance: No building permit for any structure shall be issued, nor shall a Certificate of Occupancy be granted, until the development plans are consistent with the site plan and development regulations of the approved Planned Unit Development. All building permits must be consistent with the Planned Unit Development. Page -3- Ordinance No. 1087 5. Planned Unit Development Amendments: Changes or amendments to a Planned Unit Development shall be processed in the same manner as the original request. Slight changes in the detail of the Planned Unit Development that do not change the intent, meaning, relationship of structures to each other may be approved by the Director of Planning and Building. 5. SEVERABILITY CLAUSE. If any section, subsection, sentence, claurs, phase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. 6. EFFECTIVE DATE. This ordinance shall take effect immediately upon its due adoption and publication as required by law. APPROVED BY THE CITY COUNCIL THIS 10th of July , 2000. r i Ja es P. Nix, Mayor ATTE T: eniece W. Johns n, City Clerk By FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT Text Change to Zoning Ordinance Request for change of Zoning District Descr-it)tion and N,Iap is attached J'///Zedc 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 "'c 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 I (Do) (Do Not) Recommend that the City Council adopt an ordinance implementing the proposed changes as provided by law. j ?Members Present Rev. 9/9S Voting Aye Voting Nay Abstain Respectfully submitted: Chairman 1 AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: O 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 ❑ The Ledger, Elberta-Lillian, AL a weekly newspaper published in Baldwin County, Alabama I 0 Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate �9 x i 4� TOTAL: $ I LAri-Ol-4 Legal Ad Representative Linda Robigson BILL TO: C.lTA-4 ed— �QQ I ATTN P.O./File Number FOR OFFICE USE ONLY t Paid ...................... Unpaid ............. Gulf C41&lewspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama My COMMISSION EXPIRES MAY 22, 2002 County of Baldwin ' Sworn to and subscribed before me this / % day of `77��y 2000 �- Cv Not 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 Amending Zoning Ordinance No. 557; on: - _ I II �t r�,_,-r, f Of., 1S1 f1 wo I at 5:30 p.m.; Fairhope Municipal Complex Council Chamber; 161 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 ORDINANCE No. Proposed Ordinance AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO AMEND AND SIMPLIFY THE PLANNED UNIT DEVELOPMENT DISTRICT IN ACCORDANCE WITH APPLICABLE STATE REQUIREMENTS The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975, is changed and altered as described below: WHEREAS, the City of Fairhope Planning Commission directed the Planning Department to prepare amendments to our Zoning Ordinance; and, WHEREAS, the proposed amendments relate to Planned Unit Developments and disallowing further applications for the R3PGH Patio Garden Home District, 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 as set forth herein: NOW THEREFORE, BE IT ORDAINED BY THE' CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: THAT, Section 7.6 Patio Garden Homes and its subsequent amendments be retained in the Zoning Ordinance, • • • • • • • • • .. • • • /- 2. THAT, the City of Fairhope shall not accept further any further application 1 oco I W I to zone property in accordance with Section 7.6 Patio Garden Homes. Account No. I 3. THAT, Article 6 Planned Unit Development Provisions and its subsequent { amendments be deleted in is entirety, 4. THAT, Article 6 Planned Unit Development District be inserted into the Zoning Ordinance; and that it shall read as follows: A. Purpose: The Planned Unit Development District is intended to encourage opportunities for development innovation by allowing mixed -use developments I which offer a greater variety In type, design, and layout of the buildings; by encouraging land conservation, and more efficient use of open space; by 1 I modification of certain controls in a manner'so as to produce large area 1 L development arranged to better serve community needs. - _— B. General Provisio I of alPlanned Unit Development and the related Site Plan shall constitu endment to the Zoning Ordinance and shall be processed according to procedures established for all amendments to the Zoning Ordinance and be supplemented with the regulations contained in this Section. C. District Area Requirements: 3acres minimum. D. Permitted Uses: The list of permitted uses shall be described and contained i in each Planned Unit Development. i E. Ordinance Required: Each Planned Unit Development shall have an Ordinance that establishes the development regulations for the district. In approving a Planned Unit Development, the ordinance shall reference the site plan which shall prescribe development standards. All development shall be in. conformance with the approved Site Plan and development regulations. f F. Procedures: 1. Application Procedure: All applications for a Planned Unit Development shall 1 I be treated in the same manner as a Zoning Ordinance amendment. 2. Site Plan Requirements: A site plan shall accompany every application for a Planned Unit Development. The site plan shall include the contents established for Planned Unite Development. The site plan after approval shall become part of the amending ordinance. The applicant shall furnish all information required by the Planning Commission of the City Council to determine compliance with these requirements. 3. Conditions Related to Approval: In establishing a Planned Unit Development, each application shall be evaluated by the Planning Commission and the City Council as to its probable impact on adjoining property and community welfare and may be approved or denied as the findings indicate appropriate. The Planning Commission and the City Council shall review the following conditions associated with the development proposal: a. Setbacks for building and structures b. Public street access c. Drainage d. Vehicular traffic, circulation, connections, and parking e. Screening or buffer zones f. Hours of operation g. Activities or uses permitted on the property h. Building or structure heights I. Landscaping J. Maximum lot coverage, impervious percentages k. Pedestrian circulation 1. Signs m. Mitigation of noise, fumes, odors, vibration or airborne particles n. Exterior lighting o. Exterior construction materials p. Special fire protection q. Outside storage and display of merchandise r. Refuse and waste storage s. Lot -sizes and dimensions t. Accessory buildings u. Other information shown on the site plan 4. Building Permit Compliance: No building permit for any structure shall be issued, nor shall a Certificate of Occupancy be granted, until the development plans are consistent with the site plan and development regulations of the approved Planned Unit Development. All building permits must be consistent with the Planned Unit Development. 5. Planned Unit Development Amendments: Changes or amendments to a Planned Unit Development shall be processed in the same manner as the original request. Slight changes in the detail of the Planned Unit Development that do not change the intent, meaning, relationship of structures to each other may be approved by the Director of Planning and Building. SEVERABILITY CLAUSE. If any section, subsection, sentence, claurs, phase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. EFFECTIVE DATE. This ordinance shall take effect immediately upon its due adoption and publication as required by law. 1 END OF PROPOSED ORDINANCE C•5.13 AFFIDAVIT. This is to certify that the attached legal notice/advertisement appeared in: 0 The Baldwin Times, Bay Minette, AL ❑ The Bulletin, Daphne, AL The Fairhope Courier, Fairhope, AL ❑ The Independent, Robertsdale, AL 0 The Onlooker, Foley, AL ❑ The Islander, Gulf Shores, AL 0 The Ledger, Elberta-Lillian, 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 5 -aO /io X ' 1b TOTAL: $ _ % 40 Q • '7�1.G -�i—L Legal Ad Representative Linda Robinson. BILL TO: ATTN: P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid,.............. d O 0/ 6 Account No. Gulf C Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin m' C0MM. ISS:0N EXPIRES MAY 22, 2002 Sworn to and subscribed before me this day of '7M-f 20 00 Not ry Public, Bal win County, Alabama Second Notice of Public Heerin9 Notice Is hereby g,. rn L':e sec. r and time that the Farhopps City Council will hold a public, hearing on a proposed ordinance amend. I Ing Zoning Ordinance No. 557; on 1 Monday, June 5, 2000 at 5:30 p.m.; t Faincope Municipal Complex Council Chamber; 161 North Sec. t tion Street, rairhope, AL 36532. All persons who desire shall have an opportunity to be heard In favor of, or in opposi:.on to, this proposed ordinance Lid are cor. t dially invited to be present. Synop,.:s of Proposed Ori - ` nanceto be consldcred: Ordinance I printed in full in Me, 13, 2000 issue t of the Fairhope Cm., er: An Ord'na^ce to amend end I simplify the Planned Unit Develop ment. I C-5-20 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 I-kS 4 X�1� TAL: S )"�I-9H Legal Ad Representative - Gina Lind II ., BILL TO:rLAA ATTN P.O./File Number FOR OFFICE USE ONLY / Paid ...................... Unpaid .v ......... .............. Account No. CD Gulf C Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 state of Alabama County of Baldwin MY COMMISSION EX?ISES MAY 22, 2002 Sworn to and subscribed before me this day of lt�- Zooa Notary/Public, Baldwin County, Alabama ORDINANCE No._ /(� 3. Conditions Related to Approval: In establishing a Planned Unit Development each 1' AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING app iCatlon shall be evaluated by the Planning Commission and the City ORDINANCE TO AMEND AND SIMPLIFY THE PLANNED UNIT DEVELOPMENT Council as to its probable Impact on adjoining property and community welfare and may be approved or di DISTRICT IN ACCORDANCE WITH APPLICABLE STATE REQUIREMENTS ened as the findings indicate appropriate. The Planning Commission and the City Council shall review the following conditions associated The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975, with the development proposal: Is changed and altered as described below: a. Setbacks for building and structures 1 b. Public street access 1 WHEREAS, the City of Fairhope Planning Commission directed the Planning c. Drainage i Department to prepare amendments to our Zoning Ordinance; and, d. Vehicular traffic, circulation, connections, and parking 1 e. Screening or buffer zones WHEREAS, the proposed amendments relate to Planned Unit Developments and disallowing further applications for the R3PGH Patio Garden Home District, and WHEREAS, after appropriate public notice and hearing, the Planning and Zoning Commission of the City or Fairhope, Alabama, has forwarded a recommendation to the City Council for amendment of Ordinance No. 557 as set forth herein: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA. 1. THAT, Section 7.6 Patio Garden Homes and its subsequent amendments be retained In the Zoning Ordinance, 2. THAT, the City of Fairhope shall not accept further any further application to zone properly In accordance with Section 7.6 Patio Garden Homes. 3. THAT, Article 6 Planned Unit Development Provisions and Its subsequent amendments be deleted In Is entirety, 4. THAT, Article 6 Planned Unit Development District be Inserted Into the Zoning Ordinance; and that it shall read as follows: A. Purpose: The Planned Unit Development District Is Intended to encourage opportunities for development Innovation by allowing mixed -use developments which offer a greater variety in type, design. and layout of the buildings; by encouraging land conservation, and more efficient use of open space; by modification of certain controls in a manner so as to produce large area development arranged to better serve community needs. I. Hours of operation g. Activities or uses permitted on the property h. Building or structure heights i. Landscaping ). Maximum lot coverage, impervious percentages k. Pedestrian circulation I. Signs M. Miligation of noise, fumes, odors, vibration or airborne particles n. Exterior lighting o. Exterior construction materials p. Special fire protection q. Outside storage and display of merchandise r. Refuse and waste storage s. Lot sizes and dimensions I. Accessory buildings u. Other information shown on the site plan 4. Building Permit Compliance: No building permit for any structure shall be issued, nor shall a Certificate of Occupancy be granted, until the development plans are consistent with the site plan and development regulations of the approved Planned Unit Development, All building permits must be consistent with the Planned Unit Development. I 5. Planned Unit Development Amendments: Changes or amendments to a Planned Unit Development shall be, processed In the same manner as the original request. Slight changes in the detail of the Planned Unit Development that do not change the Intent, meaning, relationship of structures to each other may be approved by the Director of Planning and Building. 5. SEVERABILITY CLAUSE. If any section, subsection, sentence, claurs, B. General Provision: Approval of a Planned Unit Development and the related phase, or portion of this ordinance is for any reason held Invalid or Site Plan shall constitute an amendment to the Zoning Ordinance and shall be unconstitutional by any court of competent jurisdiction, such portion shall be r Processed according to procedures established for all amendments to the Zoning deemed a separate, distinct and Independent provision and such holding Ordinance and be supplemented with the regulations contained In this Section, shall not affect the validity of the remaining portions hereof. C. District Area Requirements: 3acres minimum. D. Permitted Uses: The list of permitted uses shall be described and contained in each Planned Unit Development. E. Ordinance Required: Each Planned Unit Development shall have an Ordinance that establishes the development regulations for the district. In approving a Planned Unit Development, the ordinance shall reference the site plan which shall prescribe development standards. All development shall be in conformance with the approved Site Plan and development regulations. F. Procedures: 6. EFFECTIVE DATE. This ordinance shall take effect Immediately upon its due adoption and publication as required by law. r APPROVED BY THE CITY COUNCIL THIS loth of July 2000. 7' c ATTEST: mes P. Nlx, Mayor ~ off/ Geniece W. Johnson, C Clerk 1. Application Procedure: All applications for a Planned Unit Development shall be treated in the same manner as a Zoning Ordinance amendment.- 1 2. Site Plan Requirements: A site plan shall accompany every application for a Planned Unit Development. The site plan shall Include the contents established for Planned Unite Development. The site plaRafter approval shall become part of the amending ordinance. The applicant shall furnish an Information required by the Planning Commission of the City Council to determine compliance with these requirements. C•7.1 S