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Home My WebLink AboutO-1127ORDINANCE NO. 1127 AN ORDINANCE AMENDING ORDINANCE NO. 577, KNOWN AS THE ZONING ORDINANCE TO AMEND SECTION 3.2 RESIDENTIAL DISTRICTS; SECTION 5.21 AND 5.31 SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS; SECTION 8.8 PROCEDURE FOR ZONING NEWLY ANNEXED LAND; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Fairhope, Alabama, has established in the Zoning Ordinance Single Family Zoning Districts and annexation policies, and WHEREAS, the City of Fairhope, Alabama, wishes to create three new single family zoning districts R1 a, R1 b, and R1 c, and WHEREAS, the City of Fairhope, Alabama, feels that the establishment of these new districts and annexation policies will provide equal protection to property already zoned by Baldwin County and reduce nonconforming situations; NOW THEREFORE AFTER APPROPRIATE PUBLIC HEARING AND NOTICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1. THAT, in Zoning Case 01.05 Section 3.2 Residential Districts is hereby amended to insert the following: R1(a) Low Density Single Family District: This zoning district is intended to afford an opportunity for a low density residential environment of single family homes on large lots. R1(b) Low Density Single Family District: This zoning district is intended to afford an opportunity for a low density residential environment of single family homes on large lots. R1(c) Low Density Single Family District: This zoning district is intended to afford an opportunity for a low density residential environment of single family homes on large lots. 2. THAT, Section 5.2 is amended to insert the following: R1(a) Low Density Single Family District: Uses Permitted: Single Family dwellings and those uses permitted or permitted on an appeal in Section 5.1. Requirements for Lot Area, Width, Coverage, and Other Factors: Minimum lot width 120 feet Minimum lot area 40,000 sq. ft. Front Yard setback 30 feet Rear Yard setback 30 feet Side Yard setback 10 feet Maximum building height 35 feet Maximum building coverage 25% R1(b) Low Density Single Family District: Uses Permitted: Single Family dwellings and those uses permitted or permitted on an appeal in Section 5.1. Requirements for Lot Area, Width, Coverage, and Other Factors: Minimum lot width 100 feet Minimum lot area 30,000 sq. ft. Front Yard setback 30 feet Rear Yard setback 30 feet Side Yard setback 10 feet Maximum building height 35 feet Maximum building coverage 25% sCc w �? ti0 Ordinance No. 1127 New Districts Page -2- R1(c) Low Density Single Family District: Uses Permitted: Single Family dwellings and those uses permitted or permitted on an appeal in Section 5.1. Requirements for Lot Area, Width, Coverage, and Other Factors: Minimum lot width 80 feet Minimum lot area 20,000 sq. ft. Front Yard setback 30 feet Rear Yard setback 30 feet Side Yard setback 10 feet Maximum building height 35 feet Maximum building coverage 25% 3. THAT, Section 8.8 is hereby amended to read as follows: There are 2 procedures for zoning newly annexed land: 1. Unzoned Property: Property annexed into the City that is unzoned shall be classified as R1-Single Family unless the applicant requested annexation contingent on a zoning change. Annexation contingent on zoning must follow due process and public notice procedures before both the Planning Commission and the City Council. 2. Zoned Property: Property annexed into the City that is zoned by Baldwin County shall be classified as the most similar zoning district at the time of application. The most similar zoning district determination shall be made by the Director of Planning and Building. Similar classifications do not require due process and public notice procedures before the Planning Commission or the City Council. These requests are considered directly by the City Council at the time of annexation consideration. If the applicant requests a different zoning district then the case shall follow the annexation contingent on zoning procedures discussed above. 4. 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 been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. 5. EFFECTIVE DATE. This ordinance shall take effect immediately upon its due adoption and publication as required by law. APPROVED BY THE CITY COUNCIL THIS 11 th of June , 2001. ATTEST: 4Ti Kan May r Geniece W. Johnson, FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT p� Text Change to Zoning Ordinance `\\ Request for change of Zoning District �f Y� By: v I (ApPI- t) 1 Description and Afap is attached The Commission has held a public hearing on this matter prior to this final report and wishes to report to the Fairliope City Council as follows: (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 I 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. Members Present Voting Aye Voting Nay Abstain .S Respectfully submitted: Chairman Rcv. 9/9S CITY OF FAIRHOPE CITY COUNCIL COVER SHEET 11 June 2001 ZC 01.05 Public Hearing to Consider the Creation of Three New Zoning Districts in the Zoning Ordinance As the Council is aware, there has been discussion regarding the compatibility of our current zoning districts and the County zoning districts. In fact, a Committee consisting of Planning Commissioners Quinn, Charles, and McCrory was established to review the issue. The Committee directed me to prepare an Ordinance that created 3 new residential districts. These 3 districts mirror exactly the County's district requirements for area, setbacks, height, coverage, and width. Should the Council approve the Ordinance then properties that are zoned in the County would come Into the City as one of these districts. This makes our zoning and the zoning of the County very similar. STAFF RECOMMENDATION I understand the reasoning for the Committee's recommendation for the creation of the new districts. However, creating 3 new districts with such large lot requirements may have the unintended consequence of creating residential sprawl. As such the Ordinance should be amended to state that these 3 new districts are applicable only to property that is currently zoned by Baldwin County. Respectfully Submitted for Consideration, Christoph4 D. Baker Director of Planning and Building 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 as weekly newspaper published in Baldwin County, Alabama PTI Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate S—l°I gSax.i� TOTAL: $ Legal Ad Represe ative Lisa Sangster BILL TO:" t4 Pogr %tyAt ATTN: P.O./File Number I FOR OFFICE USE ONLY Paid ...................... Unpaid .... ....... Account No. to D D O 1 Gulf C Newspapers P.O. Box 509 Robertsdale, AL 36567 QD3 Phone (334) 947-7712 State of Alabama County of Baldwin Sworn to and subscribed before me this as day of 20,01 Notary Public, Baldwin County, Alabama NOTICE OF PUBLIC HEARING -� I Notice is hereby given that the Fairhope City Council will hold a Public Hearing on the following proposed Ordinance Anrendittg Zoning On i ance No. 557; on: l Monday June 11 '►001 15:30 p.m.; Fairhope Municipal Complex Council Chamber; 161 North Section Street; Fairhope, t AL 36532. All persons who desire shall have an opportunity to be heard in favor of, or in opposition to, this I proposed Ordinance and are cordially invited to be present. I Gcnicce W. Johnson, ICity Clerk It ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 577, KNOWN AS THE ZONING I ORDINANCE TO AMEND SECTION 3.2 RESIDENTIAL DISTRICTS; SECTION 5.21 AND 5.31 SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS; SECTION 8.8 I PROCEDURE FOR ZONING NEWLY ANNEXED LAND; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Falrhope, Alabama, has established In the Zoning Ordinance Single Family Zoning Districts and annexation policies, and WHEREAS, the City of Fairhope, Alabama, wishes to create three new single family zoning districts R1a, R1b, and R1c, and WHEREAS, the City of Fairhope, Alabama, feels that the establishment of these new districts and annexation policies will provide equal protection to property already zoned by Baldwin County and reduce nonconforming situations; i NOW THEREFORE AFTER APPROPRIATE PUBLIC HEARING AND NOTICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1. THAT, In Zoning Case 01.05 Section 3.2 Residential Districts is hereby amended to insert the following: RI (a) Low Density Single Family District: This zoning district Is intended to afford an i opportunity for a low density residential environment of single family homes on large lots. R1(b) Low Density Single Family District: This zoning district Is intended to afford an opportunity for a low density residential environment of single family homes on large lots. R1(c) Low Density Single Family District: This zoning district Is intended to afford an I opportunity for a low density residential environment of single family homes on large lots. J 2. THAT, a on 5 2 is amended fo Insert the oil ng: R1(a) Low Density Single Family District: I Uses Permitted: Single Family dwellings and those uses permitted or permitted on art appeal In Section 5.1. I Requirements for Lot Area, Width, Coverage; and Other Factors: Minimum lot width 120 feel I Minimum lot area 40,000 sq. ft. Front Yard setback 30 feet Rear Yard setback 30 feet I Side Yard setback 10 feet Maximum building height 36 feet Maximum building coverage 25% t I RI(b) Low Density Single Family District: Uses Permitted: Single Family dwellings and those uses permitted or permitted on an appeal in Section 5.1. Requirements for Lot Area, Width, Coverage, and Other Factors: Minimum lot width 100 feet Minimum lot area 30,000 sq. ft. l Front Yard setback 30 feet Rear Yard setback 30 feel Side Yard setback 10 feet Maximum building height 35 feet Maximum building coverage 25% RI(c) Low Density Single Family District: Uses Permitted: Single Family dwellings and those uses permitted or permitted I on an appeal in Section 5.1. 1,) Requirements for Lot Area, Width, Coverage, and Other Factors: Minimum lot width 80 feet Minimum lot area 20,000 sq, ft. t Front Yard setback 30 feet i Rear Yard setback 30 feet Side Yard setback 10 feet r Maximum building height 35 feet Maximum building coverage 25°% I3. THAT, Section 6.8 is hereby amended to read as follows: There are 2 procedures for zoning newly annexed land: 1�Inwned Prooertv: Property annexed Into the City.lhal is unzoned shall i be classified as KI-Single Family unless the applicant requested annexation contingent on a zoning change. Annexation contingent on j zoning must follow due process and public notice procedures before both the Planning Commission and the City Council. I 2. Zoned Properly: Property annexed into the City that Is zoned by Baldwin County shall be classified as the most similar zoning district at the time of application. The most similar zoning district determination shall be made by the Director of Planning and Building. Similar classifications do not require due process and public notice procedures before the Planning Commission or the City Council. These requests are considered directly 'by the City Council at the time of annexation consideration. If the j applicant requests a different zoning district then the case shall follow the annexation contingent on zoning procedures discussed above. �4. SEVERABILITY CLAUSE. That it Is hereby declared to be the intention of the I City Council that the section, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and If any phrase, clause, sentence, paragraph, or r section of this ordinance shall be declared Invalid or unconstitutional by the valid I 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 been enacted by the City Council without the Incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. S. EFFECTIVE DATE. This ordlnance shell lake effect 'Immediately upon its due adoption and publication as required by law. END OF PROPOSED ORDINANCE C.5.19