HomeMy WebLinkAboutO-1241ORDINANCE NO. 1241
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 Longleaf II, L.L.C. located at 265 Young Street aka 301 Young Street (on the East
side of Young Street just South of Horn Lane).
Legal Description: (Case number ZC 05.10)
Beginning 415 feet North of the Southwest corner of the Southeast Quarter of Section 17, Township
6 South, Range 2 East, thence North 83 feet, thence East 525 feet, then South 83 feet, thence West
525 feet to the place of beginning.
A map of the property to be rezoned is attached as Exhibit A
The classification of said property is hereby changed from R2 Single Family to 112-General
Business. 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 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.
ADOPTED THIS THE 1 1 `h DAY OF April , 2005.
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FAIR11OPI? PLANNING: COMh'II SInIV �
FINAL ItENDR'1'01' %ONI.N(: AMI NIMIEN'15P01 : 1? RCV,)
03-09-05P011?CV0
Text Change to Zoning Ordinance
,Request for change of Zoning District ka t G
By:
(Applicant)
Description acid ;Map is attached
The Commission has held a public hearing on this matter prior to this final report and wishes
to report to the Pairliope City Council as follows:
' _NVe (Do) (Do Not) recommend the proposed zoning text changes as wise,
expedient and necessary for the benefit of the City
�LWe find that the proposed zoning district change Is (Ts Not) in conformity
with the comprehensive plan and in the best interests of the City as a x0iole, and
(Do) (Do Not) Recommend that the City Council adopt an ordinance
implementing the proposed changes as provided by law.
i
i Members Present
Rev. 9/98
Voting Aye Voting Nay Abstain
T
Respectf lly submitted:
hairman
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CITY OF FAIRHOPE
CITY COUNCIIL COVER SHEET
11 April 2005
05.10 Public Hearing to Consider the Request of Dr. Yonge for a Zoning
Change from 112-Single Family to 132-General Business (Generally
Located on Young St. just South of Horn Lane)
Dr. Yonge has made a request to rezone property from single family to business
in order to allow Gulf Art to operate. The property is approximately 83 feet wide
and 534 feet deep.
The issues associated with this request are as follows:
Comprehensive Plan: The development is not contrary to the Plan. In fact it is
supported in several respects by the plan, in that it "promotes new development,
reuse, and rehabilitation of structures and spaces that reflect the architectural
resources and natural features of the community" (Section 3.2 Planning Goals).
Rezoning the property supports the "development of artistic, cultural and
recreational opportunities (Section 3.4 Community Identity)".
Spot Zoning: The request is not spot zoning. See Tut Wynne's letter attached.
Planning Commission: The Commission unanimously recommended approval.
STAFF RECOMMENDATION:
To approve as requested.
Respectfully submitted for consideration,
Christopher . Baker, AICP
Director of P anning and Building
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WILKINS, BANKESTER, RILES & WYNNE
A PROFESSIONAL ASSOCIATION
LAWYERS
221 FAIRHOPE AVENUE
POST OFFICE BOX 1367
FAIRHOPE, ALABAMA 36533
TELEPHONE (2S0 928-1915
TELECOPIER (251) 928-1967
TAYLOR D. WILKINS. JR.
BAYLESS E. BILES
MARION E. WYNNE, JR.
KENNETH R. RAINES
C. JOSEPH NORTON
BRIAN P. BRITT*
CLAUDE E. BANKESTER (1928-1993)
KREG L. MORRIS (1968-2001)
ALSO ADMITTED IN TN
March 2, 2005
Christopher D. Baker, AICP
Director of Planning and Building
Post Office Drawer 429
Fairhope, AL 36533
RE: DR. LYNN YOUNGE REQUEST FOR RE -ZONING
Dear Mr. Baker:
BAY MINETTE OFFICE
OLD TRAILWAY BUILDING
POST OFFICE BOX 400
BAY MINETTE, ALABAMA 36507
TELEPHONE (251) 937-7024
TELECOPIER (251) 937-6190
ROBERTSDALE OFFICE
CHICAGO STREET
ROBERTSDALE, ALABAMA 36567
Dr. Younge's request, in my opinion is not "spot zoning." Approximately 1,50 yards
South is zoned for business. Directly West is zoned for mobile homes. East and North are zoned
for P 1 (parking for Thomas Hospital). The different zoning classifications make the
neighborhood in its existing state not homogeneous.
The subject parcel has never been used for residential purposes. It has been used for
public assembly. The parcel was the location of a Masonic Hall from 1906 until a uncertain time
in the recent past.
Justice Harwood of the Alabama Supreme Court said the following about "spot zoning:"
Regardless of the pronouncements concerning `spot zoning' appearing in
our own decisions as well as those of sister states, it appears to the writer
that the term `spot zoning' is nothing more than a catchy phrase whose
introduction into legal terminology has created only an illusory concept of
no practical use.
After all, the ultimate criteria in determining the validity of zoning
ordinances, and the amendments thereto, is whether the ordinance creates
zones in such matter that the classifications are consistent with the land use
pattern of the area, and bear a substantial relationship to the public health,
safety, morals, and general welfare. The size and location of the property
would necessarily enter into a determination of this question, which is
primarily for the governing body of a political subdivision whose
conclusions in the premises should not be judicially disturbed unless it be
arbitrary and capricious, and therefore palpably wrong.
Grund v. Jefferson County, 277 So. 2d 334, 338 (Ala. 1973).
Sincerely,
0 .
MAXION E.
City Attorney, Cit of Fairhope
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STATE OF ALABAMA
COUNTY OF BALDWIN )
WARRANTY DEED
KNOW ALL MEAT BY THESE PRESENTS, that the undersigned, The Most Worshipful
Prince Hall Grand Lodge F. & A.M. of Alabama, Inc., a corporation, hereinafter called the Grantor,
in consideration of the sure of TEN AND NO1100 DOLLARS ($10.00), cash, and other good and
valuable considerations to said Grantor in hand paid by Longleaf II, L.L.C., hereinafter called the
Grantee, the receipt of which is hereby acknowledged by the Grantor, does hereby, subject to the
matters and things hereinafter set forth, grant, bargain, sell and convey unto the Grantee, its
successors and assigns, forever, all that real property situate, lying and being in the County of
Baldwin State of Alabama, described as follows, to -wit:
Beginning 4.15 feet North of the Southwest corner of the Southeast
Quarter of Section 17, Township 6 South, Range 2 East, thence North
83 feet; thesiee East 325 feet, thence South 83 feet, thence West 525
feet to the place of beginning.
Together with all and singular the rights, privileges, tenements, hereditament, and
appurtenstnces thereamto belonging or in Anywise appertaining;
TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns,
forever.
T3is conveyance is :made subject to the following:
1. E:cccpting therefrom such oil, gas and other minerals in, on and under said real property,
tegetner with all rights in connection therewith, as have previously been masm. eri by or
conveyed to others than the grantor. t�
All recording references herein are to the records in the Office of the Judge of Probate of 16.1
Baldwin County, Alabama.
Aid, except as to taxes hereafter falling due which are assumed by the Grantee herein, and
except as herein otherwise provided, said Grantor does for itself and for its successors and assigns,
hereby owenant with the Grantee herein, its successors and assigns, that it is seized of an
indefeasible estate in fee simple in and to said property; that said property is free and clear of all
encumbrances, and that it will forever WARRANT AND DEFEND the title thereto, and the
peaceable possession thereof unto the said Grantee, its successors and assigns, against the lawful
claims of all persons whomsoever.
IN WUNESS WHEREOF, the said Grantor has caused this deed to be 9�ccuutted by William
O. Jones, its Grand Master, who is themunto duly authorized, on this the _,��'lday of October,
2004.
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Airin T. Jdm4 JWP of Pmb to
The Most Worshipful Prince Hail Cirand Lodge
F. & A.M. of Alabama, Inc.
By_��
/� (SEAL)
Its: Grand
STATE OF Alabama _ )
COUNTY OF Macon _ )
1, the undersigned authority, a Notary Public in and for said County in said State, hereby
certify that William O. Jones, whose name as Grand Master of The Most Worshipful Prince Hall
Grand Lodge F. & A.M. a f Alabama, Inc. is signed to the foregoing instrument, and who is known
to nie, acknowledged before me on this day that, being informed of the contents of said instrument,
he, as st.ch officer and wife full authority,
executed the same voluntarily for and as the act of said corporation.
(liven under my hand this the 26th day of October, 2004.
��.. ;, ::F NO P LIC
N My Com ission Expires:
� -- r l . "UAI, SEAL )
GRANTEE'S ADDRESS:
I I I Kiefer Avenue
Fairhope, AL 36532
This instument prepared lr f:
Ferrell S, Anders
ANDEP-3, BOYETT & BRADY, P.C.
Attorneys ai Law
One Mai:;on, Suite 203
3800 Air3ort Boulevard
Mobile, Mabama 36608
(251)34-0880
66M
Intn ewt sum Vap W 2
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