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Home My WebLink AboutO-1263ORDINANCE NO. 1263 AN ORDINANCE AMENDING ORDINANCE NO. 1253 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. 1253), adopted 27 June 2005, 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: After 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 Paul W. Brock Trust, John R. Goodloe, III, and T. Massey Bedsole, located at 19 South Summit Street, Fairhope, Alabama. Legal Description: (Case number ZC 05.16) Beginning at the northeast corner of the intersection of Summit and St. James Streets in the Town of Fairhope, Baldwin County, Alabama run thence north along the east side of Summit Street, 189 feet to an alley; thence run west along the alley, 213.5 feet to the lands of E. O. Corte; thence run south along the west side of Corte lands to St. James Street, a distance of 189 feet; thence west along the north side of St. James Street 213.5 feet to the point of beginning, containing 0.92 acres, more or less. A map of the property to be rezoned is attached as Exhibit A The classification of said property is hereby changed from R4- Multi -family to 132-General Business. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 and to use said premises for any use permitted or building sough 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 approve 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. 1253. 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 12"' DAY OF Se tep mber, 2005 Tim y M. ant, Ma or ATTEST: eniece W. Johnson, Ci reasurer 01:-n^-�1�, : J5 'RCV 11AIIZHOPE PLANNING COMNIMSICN 0/1 16s- MAL REPORT OF 7.,ONI�ti'C; ,ti\IE:.\l)�i1;1'`I' Text Change to Zoning Ordinance Request for change of Zoning District 12 �- Z B y: A__._—. (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 Pairhope City Council as follows: ' We (Do) (Do Not) recommend the proposed zoning text changes as wise, ex edient and necessary for the benefit of the City 'Ale find that the proposed zoning district change (Is) (Is Not) in conformity 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 implementing the proposed changes as provided by Iaw. Members Present Voting Aye Votin? Nay Abstain S T s Respectfully submitted: Chairman CITY OF FAIRHOPE CITY COUNCIL COVER SHEET 12 September 2005 05.16 Public Hearing to Consider the Request of Robert Doyle et al for a Zoning Change from R4-Multifamily to B-2 General Business (Generally Located at the Northeast Comer of S. Summit and St. James) Mr. Doyle is one of the owners in the trust that actually owns the property. The property is where St. James apartments are located and is currently zoned R4- Multifamily residential. The property to the North is zoned 132, East is 132, South is R2 K1 school, and West is R2 — University of South Alabama. The issues associated with this development proposal are as follows: Comprehensive Plan: Although at this time the City does not have plans for redevelopment from the owners, the plan would generally support this request. The increase of commercial space and activity adjacent to the central business district is generally a positive for downtown. Further, there is the potential of living units above commercial space, which is also a positive feature. CBD: The property is not located in the central business district. It will have to meet landscaping, parking, and related requirements. Drainage: When any redevelopment of the property takes place engineering meeting city requirements will have to take place. Adjacent Property: The land uses around the property suggest that.there would be little or no impact. The closest single family residences are located West of USA on St. James. Existing Use: The property currently has approximately 15 apartments. Planning Commission: The Planning Commission recommended approval of the request at the 1 August 2005 meeting, the minutes are attached. STAFF RECOMMEDATION: To approve as requested. Respectfully Submitted for Consideration, Christophej D. Baker, AICP Director of Planning and Building STAFF RECOMMEDATION: To approve as requested. Respectfully Submitted for Consideration, Christopher D. Baker, AICP Director of Planning and Building �a�3 LAW OFFICES OF BENTON & LIPSCOMB ATTORNEYS AT LAW 200 FAIRHOPE AVENUE - P.O. BOX 471 FAIRHOPE, ALABAMA 36533 DANIEL A. BENTON J. ALAN LIPSCOMB July 21, 2005 Attn: Planning Department Planning and Zoning Commission City of Fairhope P. O. Drawer 429 Fairhope, AL 36533 RE: 19 South Summit Street, Case AC 05-16 Ladies and Gentlemen; TELEPHONE (251) 928-0282 (251) 990-3232 Please register my objection to the rezoning of the apartment complex located at 19 South Summit Street. As grounds I point out that to change the zoning to B-2 would exacerbate an already serious parking problem, because there would be no requirement for the owner to provide off street parking for occupants. There is presently off street parking for the occupants at that address. Please remember that the University of South Alabama has its Fairhope branch right across the street with inadequate parking, and the businesses immediately north have inadequate parking, all on the streets. Enough is enough! Please! I know of one prominent professional who is leaving downtown because of the parking situation. Employees of other offices park all day in spaces that ought to be used for his patients. We can't continue to do business like that and need you r help. With best personal regards, I remain, PROPERTY OWNERS Paul W. Brock Trust under the Last Will and Testament BancTrust Company, Inc., Co -Trustee Louise S. Brock McCarron, Co -Trustee G. Porter Brock, Co -Trustee Thomas B. VanAntwerp, Co -Trustee c/o BancTrust Company, Inc. Post Office Box 3067 Mobile, AL 36651 John R. Goodloe, III 4363-B Bit & Spur Road Mobile, AL 36608 T. Massey Bedsole 300 First National Bank Building Mobile, AL 36602 6 BancTrust. Company Trust and Wealth Management June 22, 2005 Christopher D. Baker, AICP Director of Planning & Building P.O. Drawer 429 Fairhope, AL 36533 Re: St. James Place Apartments 19 S. Summit Street Fairhope, Alabama 36532 Dear Mr. Baker: I have enclosed the additional written approvals from the Co -Trustees and individual owners of the property in question. If additional information is needed to complete this request, please contact me at your convenience at (251) 431-7841. Sincerely, Ro Pert&oyle, III Chairman & C.E.O. Phone:251.438.6204 Fax: 251.431.7896 Toll Free: 1-866.328.7887 100 Saint Joseph St., Post Office Box 3067 Mobile, AL 36652 V > T. MASSEY BEDSOLE and JOHN R. GOODLOE, III June 9, 2005 Christopher D. Baker, AICP Director of Planning & Building P.O. Drawer 429 Fairhope, AL 36533 Re: St. James Place Apartments 19 S. Summit Street Fairhope, Alabama 36532 Dear Mr. Baker: An application for rezoning of the above referenced property from R-4 to R-2 has been submitted by Mr. Robert B. Doyle, III on our behalf. This letter is to confirm our authorization for Mr. Doyle to represent us as owners in this process. Sincerely, G� r T. Massey Be le ohn oodloe, III LOUISE S. BROCK MCCARRON 4272 Bit & Spur Road Number 3 Mobile, AL 36608 June 9, 2005 Christopher D. Baker, AICP Director of Planning & Building P.O. Drawer 429 Fairhope, AL 36533 Re: St. James Place Apartments 19 S. Summit Street Fairhope, Alabama 36532 Dear Mr. Baker: An application for rezoning of the above referenced property from R-4 to R-2 has been submitted by Mr. Robert B. Doyle, III on behalf of the Paul W. Brock Trust. This letter is to confirm our authorization for Mr. Doyle to represent the trust in this process. Sincerely, Louise S. Brock cCarron, Co -Trustee THOMAS VAN ANTWERP Post Office Bog 443 Mobile, AL 36601 June 9, 2005 Christopher D. Baker, AICP Director of Planning & Building P.O. Drawer 429 Fairhope, AL 36533 Re: St. James Place Apartments 19 S. Summit Street Fairhope, Alabama 36532 Dear Mr. Baker: An application for rezoning of the above referenced property from R-4 to R-2 has been submitted by Mr. Robert B. Doyle, III on behalf of the Paul W. Brock Trust. This letter is to confirm our authorization for Mr. Doyle to represent the trust in this process. Sincerely, Thomas Van Antwerp, Co -Trustee G. PORTER BROCK Post Office Bog 123 Mobile, AL 36601 June 9, 2005 Christopher D. Baker, AICP Director of Planning & Building P.O. Drawer 429 Fairhope, AL 36533 Re: St. James Place Apartments 19 S. Summit Street Fairhope, Alabama 36532 Dear Mr. Baker: An application for rezoning of the above referenced property from R-4 to R-2 has been submitted by Mr. Robert B. Doyle, III on behalf of the Paul W. Brock Trust. This letter is to confirm our authorization for Mr. Doyle to represent the trust in this process. Sincerely, j— G. Porter Brock, Co -Trustee 9 fr, Rpr 29 05 11:09a GENERRL RESOURCE COR 251G52G5GG p.2 4 OORE ;17" -N, Co, .GINEERING P%WT C"'McAr 460JK AXI A 0 CENTIriCATIPU rGR .3URVEY Iva. DATE or SURUCI(: fa=: > �Q•-7 P oreby curtiry that' the attached Survey'Drawing •ir�prauafjta, to the baut of mi." Unbwled9a *rkd bvIier, -Aa trwe and -corrqu plat of the rollowing: X., ti _ -nn nq at tha northeast or the inteirma' -o n of Stimm d James Streato 'in own 'at- rairtiopa','Baldwin : Co Ain is F '-';run t h a n c a `- n a rt h 'jfo j6u:-gzt sida or SutdMit,5!r,iat,--�1Bq pue k. mialF�'Aho'nce un'mast -il4ntha'aiieyl,'. "rfetti the ir0-`Corta;-thncw'iun aQut� along the west aJda"a� CCrto•, tl' ,: lekws 'SEilpat it diiai'cTq' or 1'89 reat; thance neat af Ort the , &Ld4r.'6F.St. :paui4;. Street, -2i3.§ rest to the Ipoint of Be0JnnIn'Q;"'-,' v- .7.Y That the ptructures now situated thereon are wikhln th.- paLi"n4Jergo"-" - " - -:- --.'!-.w thereof, that tharA are no ervcrouchmontn thereon by buildings fmness altuated nit adjoining propsrrty, and that there arfir no JQI.n vaeoment&, driunm.,or rights—or—uay over or aercas isid_picpoit vlilble an t N* xcupt as shown on Survey Drawing;' u a a s� % -k 47 X� S IVQ: W—ro i p; P:E� 77 or Al ko. .3384 - z' S J