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Home My WebLink AboutO-1158ORDINANCE NO. 1158 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 favorable recommendation. The property of Rock Creek Partners, LLC located at the Swim Tennis Fitness Center within Rock Creek Subdivision. (Case Number 7.0 02_07) Swim Tennis Fitness Center was recently annexed into the Corporate Limit with a R-1 Zoning: This property is hereby changed to PUD. The allowable uses are swim, fitness, and tennis center. Incidental retail sales associated with these three primary uses are permitted. Incidental food sales and a pro -shop are permitted. Any new construction on this property must come before the Planning Commission and the City Council for site plan review. The maximum building height is 35 feet as measured in the Zoning Ordinance. A map of the property to be re -zoned is attached as "Exhibit A" The classification of said property is hereby changed from Rl-LowDensity Single Family Residential to PUD — Planned Unit Development. 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. 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 notwithstanding such holding. Effective Date - This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS THE 14`b nAY OF October 12002. CITY OF FAIRHOPE PLANNING AND ZONING COMMISSION COVER SHEET 14 October 2002 ZC 02.07 Public Hearing to Consider the Request of Mr. Trae Corte for a an Amendment to the Rock Creek PUD to Allow Multi -Family on Lot 178C and Allow Commercial/Recreation Facilities at the Fitness Center Mr. Corte is asking for consideration of 2 separate requests under 1 application. The Commission has the power to address each of these separately should you elect. Rock Creek is a Planned Unit Development that began in the early 1990's. Lot 178c, which is located adjacent to the sales office, was considered under a clarification by the Council in 2001. The Ordinance that governs this property is attached for your information. Mr. Corte now wishes to ask for multi -family in addition to the other permitted uses for Lot 178C. Mr. Corte has submitted a site plan for the development of Lot 178C. The proposal is to allow 3 story construction for 9 condo units. The property is steeply sloped and does have onsite stormwater detention, and parking. The site plan provides the information needed for the Council to understand the construction. Staff has received 67 letters from residents at Rock Creek in opposition to the request for lot 178C. The reasons vary from traffic concerns, to concern about crime, to how the proposed units will devalue or impact property values. This request also seeks to zone the 5 acre parcel that has been annexed into the City as part of the Fitness Center to allow retail, food sales in conjunction with the pro shop, restaurant at the pool, and operation of a fee based swim, tennis, fitness center. PLANNING COMMISSION ACTION: The Planning Commission approved the request in total. Respectfully Submitted for Consideration, ChristophePlanning . Baker, AICP Director of and Building FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT Text Change to Zoning Ordinance Request for change of Zoning District (Applicant) 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 02W (Do Not) recommend the proposed zoning text changes as wise expedient and necessary for the benefit of the City g V We find that the proposed zoning district e chan Is (Is Not) in conformity with the comprehensive plan and in the best interests g oft the City as a whole, and —V""-(Do) (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 X X Respectfully submitted: Chairman 4r7 —®�a��.ci�,�.��e �aw�:��.raau.a��m�.:��c:Lc�.ss� I .iE++lEilli i ��— jugs Hill A/� mi aLml IFE i lqlli 47 CK EK A RESIDENTIAL GOLF COMMUNITY FAMHOPE, AGBAYA