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Home My WebLink AboutO-1103ORDINANCE NO. 1103 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO CLARIFY COMMERCIAL USES FOR THE ORIGINAL ROCK CREEK PLANNED UNIT DEVELOPMENT 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 has received a request for a clarification of the commercial uses permitted for the commercial property as outlined in the Rock Creek Planned Unit Development; and, WHEREAS, Lots 177C, 178C, 179C, and 180C of the commercial property is seeking site plan approval so that development may commence; and, WHEREAS, The commercial uses clarified for Rock Creek are applicable to all of the commercial property; and, WHEREAS, after appropriate public notices 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, Attached as "Exhibit A" is a map of Rock Creek that indicates all parcels that were designated for commercial uses with Rock Creek Phase I. 2. That, the following list of permitted uses is derived from the existing permitted uses in various zoning classifications within the City. The mix of uses includes selected uses from several different zoning classifications; however, there are numerous uses that have been omitted for these particular lots in Rock Creek. Permitted Uses: Neighborhood retail stores and markets, including the following types of stores: food, general merchandise, apparel, furniture, household and hardware, radio and television, drugs and sundries, jewelry and gifts, florists, sporting goods, pet shops, and similar types. Neighborhood services including the following: Dry cleaning services (does not allow for on -site processing) including pickup stations, barber shops, beauty shops, shoe repair offices, banks, post offices, theaters, and similar services. Ordinance No. 1103 CLARIFY COMMERCIAL USES Page -2- Restaurants without drive -ups, food shops, delicatessens, enclosed places of amusement and assembly, museums, art gallery. Business and professional offices, agencies and headquarters including the following types of services: doctors, dentists, lawyers, architects, engineers, chiropractors, realtors, insurance financial institutions and similar types. Public buildings, including schools and libraries; clubs; kindergartens, play schools and day care enters, public or private, provided that all activities are carried on in an enclosed building or fenced in yard and that all applicable federal, state and local requirements are met. There will be a Five Thousand (5,000) square foot restriction on retail space per tenant. There is no restriction on size for office space. 3. SEVERABILITY CLAUSE. If any part, section of subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect not withstanding such holding. 4. EFFECTIVE DATE. This ordinance shall take effect upon its due adoption and publication as required by law. Attest: Adopted this 22nd Day of January , 2001 i . • by M. ant, M yor C q1G-)5�ryl 1 ,p V&N SSOCI%E 1 %A E� I ,g I T 1'.b M.... , INC. 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ALADAMA � --- - — -- SOU r. Ca vt C �c� fix iE �KSa l a �% ao . aoe aos ; dp b 3 �OL Permitted Uses for Lots 177C, 178C, 179C and 180C of Rock Creek, A Planned Unit Development, Phase One Due to the rapid growth and size of Rock Creek's residential community, the commercial uses listed below would provide the residents with the convenience of stores and services within the community and lessen the travel distance (i.e., traffic congestion) for them. The following list of permitted uses is derived from the existing permitted uses in various zoning classifications within the City. The mix of uses includes selected uses from several different zoning classifications; however, there are numerous uses that have been omitted for these particular lots in Rock Creek. In addition to the limitation of uses, a (35) thirty-five foot height and two-story limit is requested. Permitted Uses: Neighborhood retail stores and markets, including the following types of stores: food, general merchandise, apparel, furniture, household and hardware, radio and television, drugs and sundries, jewelry and gifts, florists, sporting goods, pet shops, and similar types. Neighborhood services including the following: dry cleaning services. (does not allow for on pro;,essin) including pick-up stations, barber sher•s, beauty shops, shoe repair. offices, banks, r;ost offices, theaters, and similar services. Restaurants without drive -ups; food shops; delicatessens; enclosed places of amusement and assembly; rnuseums; art gallery. Business and professional offices, agencies and headquarters including the following types of services: doctors, dentists, lawyers, architects, engineers, chiropractors, real estate, insurance, financial institutions and similar types. Public buildings, including schools and libraries; clubs; kindergartens, playschools and day care centers, public or private, provided that all activities are carried on in an enclosed building or fenced in yard and that all applicable federal, state and local requirements are met. There wz1161 a square foot, restnctton an retail space per tenant There is no, re.striction .on size for office space. _ _ . fi,-W A16 /& AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: Q The Baldwin Times, Bay Minette, AL ❑The Bulletin, Daphne, AL C The Fairhope Courier, Fairhope. AL The Independent, Robertsdale. AL C The Onlooker. Foley, AL CThe Islander. Gulf Shores. AL G The Ledger. Elberta - Lillian. AL weekiy 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 13-30 [oi(P x- I[P TOTAL: S g .5 'A Legal Ad Representat-w Ina Lindell BILL TO: a4Qtj 9 ATTN P.O.: File Number FOR OF=ICE USE ONLY - Paid ...................... Unpaid.!............ ACCcU N-, (.0or—h](00. . .. - -- --- — Gulf C, t Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin MY COMMISSION EXPIRES MAY 22, 21302 Sworn to and subscribed before me this 7— day of 200�v _ Notar)(Public. Baldwin County, Alabama Notice of Public Hearing r Notice is hereby given that the J Permltt'ed Usk—� Neighborhood retail stores and Fairhope City Council will hold a t markets, including the following types of stores: food, general mer- Public Hearing on the following proposed Ordinance Amending =d0ise, apparel, furniture, hardware, radio Zoning Ordinance No. 557; on' Monday, January 22, 2001, 6:0& household and and television, drugs and sun - p.m., Fairhope Municipal Complexi dries, jewelry and gifts, florists, aFwtIng goods, pet shops, and Council Chamber, 161 North Sec- tion Street, Fairhope, AL 36532. t I similar types. Neighborhood services includ- Ordinance No. I An Ordinance amending t I ing the following: Dry cleaning services (does not allow for on -site Ordinance No. 557, known as the Zoning Ordinance to Clarify processing) including pickup sta- Commercial Uses for the Original tions, barber shops, beauty shops, banks, of- Rock Creek Planned Unit Development shoe repair offices, post (ices, theaters, and similar serv- The ordinance known as the t ices. Restaurants without drive -ups, Zoning Ordinance (No. 557) adopt- and , shops, Il catessens, en - t altered as described below: t closed placesfood of amusement and assembly, museums, art gallery. Whereas, the City of Fairhope for Business and professional off! - has received a request a clarifi• cation of the commercial uses per- I miffed for the commercial property t ces, agencies and headquarters in• cluding the following types of as outlined in the Rock Creek Plan- services: doctors, dentists, law- I yers, architects, engineers, chiro- ned Unit Development; and, Whereas, Lots 177C, 178C, 1179C, practors, realtors, insurance finan• I and 180C of the commercial Icial Institutions and similar types. Public buildings, including property is seeking site plan ap• proval so that development may I schools and libraries, clubs, kin- commence; and; tdergartens, play schools and day rcare centers, public or private, pro- Whereas, The commercial uses clarified for Rock Creek are appli• 7vided that all activities ere carried cable to all of the commercial n in an enclosed building or fenced In yard and that all applica- property; and, Whereas, after appropriate pub ble federal, state and local require I lic notice and hearing, the Plan-1 ments are met. ning and Zoning Commission of: There will be a Five Thousand the City of Fairhope, Alabama, hasj (5000) square foot restriction on forwarded a recommendation to retail space per tenant. There is no the City Council for amendment of restriction on size for office space. tttt''Ordinance No. 557 as set forth 3, That Maximum building erein; heights measured from grade level! Now, therefore, be it ordained , to roof line shall not 35 feet or twos by the city council of the city of I stories on the commercial lots in. Fairhope, Alabama; dicated in "Exhibit A." 1 1. That, Attached as "Exhibit A" t 4 Severability clause. If any Is a map of Rock Creek that indi- t part, section of subdivision of its 'cafes all parcels that were desig- nated for commercial uses with ordinance shall be held unconsW `Rock Creek Phases!. tutional or invalid for any reason,' such holding shall not be con. 1 2. That, the following list of per• :trued to invalidate or impair the' miffed uses is derived from the ex- I remainder of this ordinance, which isiing permitted uses in various shall continue in full force and of -I zoning classifications within the includes fect not withstanding such hold - City The mix of uses so- I ( ing lected uses from several different zoning classifications; however, 5. Effective date: This ordi- nance shall take effect upon its I there are numerous uses that have due adoption and publication as been omitted for these particular I lot s in Rock Creek. required by law. End of Proposed Ordinance I In addition to the limitation of All persons who desire shall uses, a thirty-five (35) foot height 1 have an opportunity to be heard in and two-story limit is requested. t favor of, or in opposition to, this proposed Ordinance and are cor- dially invited to be present. Geniece W. Johnson, City Clerk C-12-30 I 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 El The Islander, Gulf Shores, AL ❑ 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 Gulf A Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin Sworn to and subscribed before me day of 20 d Nota 'Public, Baldwin County, Alabama MY COMMISSION EX?:RES MAY 22, 2002 Second Notlee of Public Hearing Notice is hereby given the W. TOTAL: $ ICI • l ond time that the Falrhope City Council will hold a Public Hearing on a proposed Ordinance Amend. ing Zoning Ordinance No. 557; on Monday, January 22, 2001, 6:00 P.M., Falrhope Municipal Complex Legal Ad Representative tcouncil Chamber, 161 North Sec. tion street, Falrhope, AL 36532. Gina Lindell All persons who desire shall have an opportunity to be heard in BILL TO: (', 1 tj 4 0 -r Fal rl/ 7gg e- favor of, or in opposition to, this I proposed Ordinance and are cor- f J Oally invited to be present. Synopsis of proposed Ordi. nance to be considered: Ordinance printed in full in December 30, 2000 issue of the Falrhope Courier: An ordinance to clarify commer. t cial uses for the original Rock I Creek Planned Unit Development. ATTN: c-1-6_ I P.O./File Number FOR OFFICE USE ONLY - -- - Paid ...................... Unpaid ......../ ... . .............. Account No. � ODD / 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 The Elberta-Lillian Ledger, Elberta, 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 -a -i 5-.S-0 x. / -7 TOTAL: $ 3, Legal Ad Represe ative Lisa Sangster BILL TO: r'hge_ ATTN: P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid .... °� ....... . Account No. & D00 16 Gulf t Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin r COM.MISS.-M EXPIRES MAY 22, 2002 Sworn to and subscribed before me this 24 day of 20 OL &. Notary Public, Baldwin County, Alabama Ordinance No.1103 An Ordinance amending I Ordinance No. 557, known as the Zoning Ordinance to Clarify Commercial Uses for the Original Rock Creek Planned Unit Development The ordinance known as the Zoning Ordinance (No. 557 adopted 11 August 1975, is I changed and altered as described below: Whereas, the City of Fairhope has received a request for a clarification of the commercial uses permitted for the commercial t property as outlined in the Rock Creek Planned Unit Development; and, Whereas, Lots 177C, 178C, 179C, and 180C of the commercial property is seeking site plan approval so that development may, commence; and; Whereas, The commercial uses clarified for Rock Creek are) applicable to all of the commercial property; and, Whereas, after appropriatet 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 I herein; Now, therefore, be it ordained by the city council of the city of Fairhope, Alabama; 1. That, Attached as "Exhibit A" is a mao of Rock Creek that indicates all parcels that were designated for commercial uses with Rock Creek Phases I. 2. That, the following list of permitted uses is derived from the - existing permitted uses in various zoning classifications within the City. The mix of uses includes selected uses from several different zoning classifications; however, there are numerous uses that have been omitted for these particular lot s in Rock Creek. In addition to the limitation of I uses, a thirty-five (35) foot height and two-story limit is requested. Permitted Uses: Neighborhood retail stores and , markets, including the following types of stores: food, general merchandise, apparel, furniture, household and hardware, radio and television, drugs and sundries, jewelry and gifts, florists, sporting goods, Pet shops, and similar types. I —Nelghborhodd aenrice9 j including the following: Dry I cleaning services (does not allow i for on -site processing) including pickup stations, barber shops, beauty shops, shoe repair offices, banks, post offices, theaters, and similar services. Restaurants without drive -ups, food shops, delicatessens, enclosed places of amusement I and assembly, museums, art gallery. Business and professional offices, agencies and headquarters t including the following types of services: doctors, dentists, lawyers, architects, engineers, chiropractors, realtors, insurance financial institutions and similar I types. Public buildings, Including schools and libraries, clubs, kindergartens, play schools and I day care centers, public or private, (provided that all activities are Iceffied on in an enclosed building -or fenced in yard and that all applicable federal, state and local requirements are met. There will be a Five Thousand I 1(5000) square foot restriction on I retail space per tenant. There is no restriction on size for office space. I 3. That Maximum building (heights measured from grade level t to roof line shall not 35 feet or two stories on the commercial lots I )indicated in "Exhibit A." 4 Severability clause. If any part, section of subdivision of its ordinance shall be held I unconstitutional or invalid for any I reason, such holding shall not be 'construed to invalidate or impair t `the remainder of this ordinance, 1 which shall continue in full force and effect not withstanding such holding. 5. Effective date: This lordinance shall take effect upon its (due adoption and publication as required by law. Adopted this 22nd day ofl January, 2001. Timothy M. Kant, Mayor j Attest: r Geniece W. Johnson, City Clerk ' C-1-27