HomeMy WebLinkAboutO-1142ORDINANCE NO. 1142
AN ORDINANCE AMENDING ORDINANCE NO. 557
KNOWN AS THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows:
The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975, together with the
Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that
certain property described below:
The appropriate public notice and hearing of, the Planning and Zoning Commission of the City of
Fairhope, Alabama, has forwarded a negative favorable recommendation.
The City of Fairhope has received a request for a zoning district change from Craig Dyas representing
AMSouth Bank, Hilda Jones, J. Alan Carter, Audie and Margaret Waters, Claude Andrews, Aileen
Andrews and James Morgan.
The properties are located on the East side of U.S. Highway 98 aka Greeno Road, North of Edwards
Avenue and South of Gayfer Avenue.
Legal Description: (Case number 7C 02.01)
Parcel # Name Legal Description
05 46 05 16 11.001 AmSouth Bank as Trust. Lot one (1), Britton Subdivision, Section
16-T6S- R2E, as recorded in Map Book
10, Page 116, the probate office of
Baldwin County, Alabama.
05 46 05 16 11 Hilda Jones Lot two (2), Britton Subdivision, Section
16-T6S-R2E, as recorded in Map Book 10,
Page 116, the probate office of Baldwin
County, Alabama.
05 46 05 16 12 Ed. Carter, Jr., et al Commencing at the NW corner of
Section 16, run South 619 feet; thence
East 80 feet to a point on the East
margin of Greeno Road to a point of
beginning; thence run East 250 feet;
thence run North 150 feet; thence
West 250 feet; thence South 150 feet
to the point of beginning; all lying in
Section 16-T6S-R2E.
05 46 05 16 13 Audie & Margaret Commencing at the NW corner of
Waters Section 16, run South 619.5 feet;
thence East 80 feet to the East
margin of Greeno Road to a point of
beginning; thence run East 250 feet;
thence run South 375 feet; thence run
West 250 feet; thence run North
375 feet to the point of beginning; all
lying in Section 16-T6S-R2E.
05 46 05 16 14 Claude Andrews Commencing at the NW corner of
Section 16, run South 1000 feet;
thence East 80 feet to a point of
beginning; thence run East 250 feet;
thence South 110 feet; thence West
250 feet; thence North 110 feet to the
point of beginning; all lying in Section
16-T6S-R2E.
Ordinance No. 1142
C. Dyas - Greeno Road
Page -2-
Parcel #
05 46 05 16 15 Aileen Andrews Commencing at the NW corner of Section
16, run South 1110 feet; thence run East
80 feet to a point of beginning; thence
continue East 250 feet; thence run South
90 feet; thence run West 250 feet; thence
run North 90 feet to the point of
beginning; all lying in Section
16-T6S-R2E.
05 46 05 16 16 James. W. & Mitzi Morgan Lot 1, Rosa Acres Unit 2, less and except
the road right of way; Section 16-T6S-R2E
Lots 1 and 2 of Commercial Center Parker
Road Subdivision as recorded in Map Book
10, Page 14, plus a parcel being described
as follows:
The classification of said property is hereby changed from 111-Low Density Single Family
Residential, 113-High Density Single Family, and 114-Multi-Family to Planned Unit
Development to allow Business and Professional Offices. This property shall hereafter be lawful
to construct on such property any structures permitted by Ordinance No. 557 and to use said
premises for any use permitted or building sought to be erected on said property shall be in
compliance with the building laws of the City of Fairhope and that any structure shall be approved by
the Building Official of The City of Fairhope and that any such structure be erected only in
compliance with such laws, including the requirements of Ordinance No. 557.
Development Requirements: The property shall be constructed in substantial conformance with the
site plan attached and the development requirements below.
i Tses Permitted: Uses permitted shall be business and professional offices such as lawyers,
doctors, banks, insurance, architects and similar uses. No retail is
permitted.
Setbacks- Front 35'
Rear 40'
Interior 10' (driveway side 15')
Street Side 20'
Building Height 35' as defined in the Zoning Ordinance.
Landscaping- Shall at a minimum meet City standards there shall also be a 8' tall
shadowbox fence at the rear property line of the entire parcel of property.
Site Plan Review- Each building shall have site plan review by the Planning Commission
and the City Council before building permits may be issued.
S'_gnage- 1 ground sign shall be permitted for the development. Each building may
have signage on the building only as permitted by the sign ordinance.
Lighting- The light standards shall be no taller than the fence to be constructed at
the rear property line.
Residential- A maximum of 27,000 sq. ft. of residential may be constructed in
addition to the allowed building sq. ft. This residential shall not be
converted to office use at any time in the future without a zoning
amendment.
Ordinance No. 1142
C. Dyas - Greeno Road
Page -3-
Building Square Footage- 7 buildings are permitted with a maximum of 46,600 sq. ft. These
buildings are indicated on the attached site plan and shall conform to the
sizes indicated on the plan.
Access: 1 right in/out shall be permitted with the development at the midpoint of
the development to Greeno. A 2 way lane shall be constructed between
Gayfer and Edwards as shown on the attached site plan.
Parking- The overall development shall meet the parking requirements of the City.
The parking shall be consistent with the site plan attached.
Site Plan: Attached as "Exhibit A" is a site plan. The site plan and the development regulations
above govern the development of the property. The property must be constructed in substantial
conformance with the requirements of this Ordinance. Any substantial deviations as determined by
the Planning and Building Department shall constitute a change to the zoning and must be approved
by the Planning Commission and Council and shall be processed as a zoning amendment.
Severability Clause - If any part, section of subdivision of this ordinance shall be held
unconstitutional or in valid 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 notwithstanding such holding.
Effective Date - This ordinance shall take effect immediately upon its due adoption and publication
as required by law.
APPROVED BY THE CITY COUNCIL THIS 9 ' DAY OF April , 2002
Attest:
Geniece W. Johnson,
O LL 0
FAIR14OPI: PLANNING COMMISSION
FINAL REPORT OF ZONING AMENDMENT
\� Text Change to Zoning Ordinance
y
,/� Request for change ofZoning District
.� I3y Cvw _ �reeuo rid
o
(ApPlic
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I)escr11)f1orr grid .'Vfap 1s affached
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IThe Commission has held a public hearinvL, on this matter prior to this final report and wishes
to report to the Fairhope City Council as follows:
I^
�Ve (Do) (Do Not) recommend the proposed zoning text changes as wise,
expedient and necessary for the benefit of the City
AWe find that the proposed zoning district change Is (Is Not) in confornlity
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
implementin-2 the proposed changes as provided by law.
Members Present Voting Aye Voting Nay Abstain
Rev. 9/9S
Gulf -odst Newspaper
P.O. Box 509
Robertsdale, Ali' 6567
Phone (251) 947-7712
AFFIDAVIT: State of Alabama _
This -is to certify that the amac4ed legal Couacy of Baldwin
nociceladvertisameac appeared in: Sworn to had subscribed before
me this Zy day of
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_ The Onlooker, Foley, At Alabama
_ The Islaader, Gulf Shores, AI MY COMMISSION EXPIRES MAY 22,2002
The Elbert•Y/Lilliaa, Elberta, At -
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County, Alabama. ,
Weekend Edition (includes The Fairhope Courier, .
The OaIooker, The Islaader, The Bulletin).
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j "
Legal Notices
Notice of Public Hearing
Notice Is hereby 9Ivan that the
Felrhope City Council will hold a
Public Hearing on the following I
proposed Ordinance Amending
Zoning Ordinance No. 557, on
Thursday, March 14, 2002, 5:30
p.m., Feirhope Municipal Complex
Council Chamber,161 North
Section Street, Feirhope, AL 36532
All persons who desire shall
have an opportunityto thisard In
favor 01, or In opposition
I proposed Ordinance and are I
cordially Invited to be present
Genlece W. Johnson, City Clerk
Ordinance No. _
An Ordinance amending I
Ordinance No. 557 Known as the
I Zoning Ordinance
Be it ordained by the City I
Council of the City of Feirhope,
I Alabama, as follows:
The ordinance known as the
Zoning Ordinance (No. 557),
`wIN the Zoning Map of ther
the City of
Feirhope, be and the same hereby I
Is changed and altered in respect
G
to that certain property
below:
The appropriate public notice
and hearing of the Planning and I
Zoning Commission of the City of
Falrhope, Alabama, has forwarded
�a negative favorable '
recomndation
me .
The City of Fairhope has I
received a request for a zoning
district change from Craig Dyes
representing AmSouth Bank, Hilda
Jones, J. Alan Carter, Audie and
Margaret Waters, Claude Andrews,
Aileen Andrews and James'
I Morgan.
The properties are located on
the east side of U. S. lGhway 98
I aka Greeno Road, North o
Edward n ou h of I
Gayfer Avenue.
Legal description: (case
number ZC 02.01 ):
Parcel M; Name; Legal Description
05 46 05 16 11,001; AmSouth
Bank as Trust; Lot one (1), Britton
Subdivision, Section 16-T6S-R2E,
I as recorded in Map Book 10, Page
1 116, the probate office of Baldwin
County, Alabama.
05 46 051611; Hilda Jones; Lot
I two (2) Britton Subdivision,
Section 16-T6S-R2E, as recorded �.
In Map Book 10, Page 116, the
probate office of Baldwin County,
Alabama..
697467651612; EdXerteTJr.. eef—
al; Commencing at the NW comer I
of Section 16, run South 619 feet;
thence East 80 feet to a point on
I the East margin of Greeno Road to I
a point of beginning; thence run
IEast 250 feet; thence run North 150
feet; thence West 250 feet; thence
South 150 feet to the point of
beginning; all lying in Section 16- I
IT6S-R2E.
05 46 05 16 13, Audle &
Margaret Waters; Commencing at I
1 the NW corner of Section 16, run I
South 619.5 feet; thence East 801
feet to the East margin of Greeno
Road to a point of beginning; I
thence run east 250 feet; thence I
Jun south 375 feet; thence run
West 25o feet; thence run North
075 feet to the point of beginning; t
`all lying In Section 16-T6S-R2E
05 46 05 16 14, Claude
Andrews; Commencing at the NW
comer of Section 16, run South
1000 feet; thence East 80 feet to a
point of beginning; thence run I
East 250 feet; thence South 110 I
feet; thence West 250 feet; thence
North 110 feet to the point of
beginning; all lying in Section 16-
T6S-R2E.
05 46 051615; Aileen Andrews;
1 Commencing at the NW comer of
( Section 16, run South 1110 feet; h
thence run East 80 feet to a point
of beginning; thence continue East
250 feet; thence run South 90 feel;
thence run West 250 feet; thence
run North 90 feet to the point of
beginning, all lying in Section 16-
T6S-R2E I
05 46 05 16; Jaynes W. & Mitzi
Morgan; Lot 1, Rosa Acres Unit 2,
less and except the road right of I
way, Section 16-T6S-R2E Lots 1
and 2 of Commercial Center Parker
Road Subdivision as recorded In
Map Book 10, Page 14, plus a
parcel being described as follows:
The classification of said
property Is hereby changed from
R1-Low Density Single Family
Residential, R3-High Density
Single Family, and R4-Multi-Family
to Planned Unit Development to
allow Business and Professional
Offices. This property shall
I hereafter be lawful to construct on
such property any structures
I permitted by Ordinance No. 557
I and to use said premises for any
use permitted or building sought
to be erected on said property
shall be In compliance with the
building laws of the City of
Falrhope and that any structure
Shall be approved by the Building
Official of The Clty of Falrhope and I
that any such structure be erected
�ornyin-dW011lerWilllth aucli MW
Including the requirements of
Ordinance No. 557.
Development Requirements:I
IThe property shell be constructod
In substantial conformance wish
the site plan attached and the
development requirements below. I
Uses Pem fitted: Uses permittsd7
I shall be txulness and professional r
offices such as lawyers, doctors,
banks, Insurance, architects end
similar uses. No retail Is permitted.
Setbacks: front35' I
Rear: 40'
Interior 10' (driveway side 15')
Street Side: 20'
1 Building Height: 35' as defined I
In the Zoning Ordinance. I
Landscaping: Shag at a
minimum meet City standards -
there shall also be a 8' tall
shadowbox fence at the rear
property line of the entire parcel of
property.
Site Plan Review: Each building'4
shall have she plan review by the I
Planning Commission and the City
Council before building permits I
may be Issued.
Signage: I ground sign shall be
permitted for the development
Each building may have Signage
on the building only as permitted
by the sign ordinance.
Lighting: The light standards I
shall be no taller than the fence to
be constructed at the rear property
line.
Residential: A maximum of
27,000 sq. fL of residential may be
constructed In addition to the
I allowed building a% fL This
residential shall not be converted
to office use at any time In the
future without a Zoning
amendment.
Building Square Footage: 7
buildings are .permitted with a
maximum of 46,600 9% fL These
buildings are Indicated on the
attached site plan and shall
conform to the sizes Indicated on
the plan.
Access: 1 right it" shall be
permffted with the development at
the midpoint of the development to
Greeno. A 2 way lone shall be I
constructed between Gayfer and
Edwards as shown on the attached I
site plan.
Parking: The overall
development shall meet the
parking requirements of the City.
The parking shall be cdnslstertt
with the site plan attached.
Site Plan: Attached as "Exhibit
A" is a site pion. The site plan and
the development reprrletions
above govern the development of
the property. The property must be
constructed in substentN1
conformance with the
requirements of this Ordinance.
IAny substantial deviations as
determined by the Planning and
Building Department shall
constitute a change to the Zoning'
and must be approved by the
Planning Commission and Council
and shall be processed as a
Zoning amendment t
Severability clause It any
part, section of subdivision of this;
ordinance shall be held unconsti-
tutional or Invalid for any reason,
such holding shall not be con-
strued to Invalidate or Impair the
remainder of this ordinance, which
shall continue In full force and of-)
fact notwithstanding such holding.
Effective date - This Ordinance,
shall take effect immediately upon
Its due adoption and publication
1 as required by law.
End of Proposed Ordinance
C-2.16
i
FFID -kVIT:
ais i5 cc ce: ciiy eh— cLe ���:c-ed Ie:2
=ocicel3dve--ise=eoc appeared in:
The Baldis-ia Tl=es, Bay ll7r.!C, =.I
_ The 3ullet n, Daphne, A!
_ The Fair hope Courier, Fairhope, Al
_ The Independent, Rober,5dale, Al
_ The 0rlcol:ar, Foley, A,1
_ 1 a2 I512ader, Gu1ESh0Ces, Al
_ The Elbert_, (Ulan, Elberta, Al
tveef:l• n�,vs�aoer published in B2id�v'to
_0Uncy, ylaba`a.
"Ve_kand Edicion (in cfudes 1 ae F- Trim ope Cou -ter,
0clooker, The Islander, The Bu(lecia).
Dubllcat or, Date: Cost:: Woord�s-�/incnes s rat2
Y Il
TOTAL: SQt%
c� r c
Leggy! Ad Representative
Aori1 Wzlace
- rLL TO: -
('1��c-� LTA c�
TT N
.O./FIIe,,ur„ber
-OR OFFICE 1—'1E ONLY
id Unpaid__.�.cct.-(Q(�p�(p
Gulf oast �N etivspaper
P.O. Box -`,09 _
Rob6r-tsdale,':Al 3656 7--
Phone (251) 9' 7- 7 71?
State of - Iabzm-a
Couar, of Baldwin -
Swor= cc and sub5c:;;bed before
=e cbi5 '7-4� day of
meµ. 2 0 a y.
hocarr P blic, Baldwin Country,
A -I:! b a a � My COMMISSION EXPIRES V.AY Z2, 2602
Second Notice of Public Hearing
Notice is hereby given the
Isecond time that the Fairhope City
Council will hold a Public Hearing
on a proposed Ordinance
Amending Zoning Ordinance No.
557, on Thursday, March 14, 2002:
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.
Synopsis of Proposed
Ordinance to be considered:
Ordinance printed in full in
February 16, 2002 issue of the
Fairhope Courier:
An Ordinance amending the
Zoning Ordinance No. 557; re-
zone AmSouth Bank, Hilda Jones,
I J. Alan Carter, Audie and Margaret
Waters, Claude Andrews, Aileen
Andrews and James Morgan.
1 Properties from R1-Low
Density Single Family Residential,
R3-High Density Single Family,
and R4-Multi-Family to Planned
Unit Development to allow
Business and Professional Offices.
The properties are located on the
East side of U.S. Highway 98 aka
Greeno Road, north of Edwards `
Avenue and South of Gayfer
Avenue.
C-2.23