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Home My WebLink AboutO-1264E ¢Ly -� 7j R.1 I U ZEL aT or - ORDINANCE NO. 1264 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 Michael M. Thompson located at 803 S. Mobile Street, Fairhope, Alabama. Legal Description: (Case number ZC 05.14) From the one half (1/2) section post on the West boundary of Section 19, Township 6 South, Range 2 East, run South 172.1 feet; thence run East 234.6 feet; thence run North 00 degrees 35 minutes East 248.7 feet to the point of beginning; thence continue North 08 degrees 35 minutes East 250.0 feet; thence run South 85 degrees 31 minutes East, 173.0 feet; thence run North 83 degrees 34 minutes East 183.1 feet; thence run South 08 degrees 35 minutes West 289.5 feet; thence run North 84 degrees 45 minutes West 350.0 feet to the point of beginning. A map of the property to be rezoned is attached as Exhibit A The classification of said property is hereby changed from R-3 Single Family (Non - Conforming) to R-4 Multi -Family. 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 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 September, 2005 r \11 - ke&1111 (LwAhy M. Kant, 4ayor ATTEST. 12 Geniece W. Johnson, rk/Treasurer r .. 08-08-05P03:J5 6 FAMHOPE PEANNrNC CONOUSSrO_N MAL REPORT Text Change to Zoning Ordinance Request for change of Zoning District By - Description and :Flap 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: ' 4 We (Do (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 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 law. Members Present Voting Aye L ��1 S Voting i\Ta-y Abstain Respectfully submitted: Chaim an CITY OF FAIRHOPE CITY COUNCIL COVER SHEET 12 September 2005 ZC 05.14 Public Hearing to Consider the Request of Jubilee Development, LLC for a Zoning Change From R3-Single Family to R4-Low Density Multi -Family at 803 S. Mobile Ave. (Generally Located East of Sc 98 just North of Nelson Rd.) Mr. Thompson, the property owner, is in the process of selling the property to Jubilee Development, LLC. The property is and has been used for the better part of 30 years as multi -family. There are 7 buildings with 2 units in each building. The property is non -conforming because it is zoned single family and is used as multi -family. The potential owners want to make the use and the zoning of the property conform. Staff also understands that the property will be razed and that new buildings will be constructed. The issues associated with this request are as follows: Comprehensive Plan: The development is not contrary to the plan, in that this is getting zoning to match the use of the property. Drainage: With the building permit for new buildings the site must then conform to current drainage requirements. This will help to alleviate drainage issues in this area. There is currently no provision for stormwater on this property. Density: The R4 district allows for up to 8 units per acre. The property is 2.09 acres. Thus, there could be up to 16 units. There are currently 14. Therefore, 2 more units are possible. Adjacent Zoning: The property to the North is R3, East in the Count, South 131, and West residential. Planning Commission: The zoning change was approved unanimously by the Planning Commission on August 1st. They recommend approval to City Council. �a�1 STAFF RECOMMENDATION: To approve as requested because the benefit of new buildings and proper stormwater management outweigh the negative impact of 2 additional units. Respectfully Submitted for Consideration, Z�M. 3q M\.) Summer Woo on Planner Jun 07 05 07:04a Jima L. Kounta (251) 990-0866 p.1 (STATE O MA) (COUNTY DWIN) L MATTHEW S KOUNTZ, A REGISTERED LAND SURVEYOR, HEREBY STATE THAT ALL PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN V ACCORDANCE WITH CURRENT REQUIREMENTS OF TFIE STANDARDS OF v PRACTICE OF LAND SURVEYING IN THE STATE OF BAA ATTOS HEE 13 OA TRUE F MY KNOWLEDGE, INFORMATION AND BELIEF, AND THATCORRECT MAP OF THE FOLLOWING DESCRIPTION. FgO1y1 THE ONE HALF (1/2) SECTION POST ON THE WEST BOUNDARY OF SECTION 19, TOWNSHIP 6 SOUTH, RANGE 2 EAST, RUN SOUTH 172.1 FEET; THENCE RUN EAST 234.6 FEET; THENCE RUN NORTH 00 DEGREES 35 MINUTES FsAST 248.7 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 08 DEGREES 35 MINUTES EAST 250.0 FEET; THENCE RUN SOUTH 85 DEGREES 31 MINUTES EAST, 173.0 FEET; THENCE RUN NORTH 83 DEGREES 34 MINUTES EAST 183.1 FEET; THENCE RUN SOUTH 08 DEGREES 35 MINUTES WEST 289.5 FEET; THENCE RUN NORTH 84 DEGREES 45 MINUTES WEST 350.0 FEET TO THE POINT OF BEGINNING. (Description supplied by client, recorded in RP 458, Page IWM) I FURTHER STATE THAT THE IMPROVEMENTS PRESENTLY SITUATED ON SAID PROPERTY ARE LOCATED WITHIN TAE BOUNDARIES THEREOF; THAT THERE ARE NO ENCROACHMENTS UPON SAID PROPERTY BY BUILDINGS OR FENCES SITUATED ON ADJOINING PROPERTY; AND THAT THERE ARE NO JOINT DRIVEWAYS, EASEMENTS, NOR RIGHTS -OF -WAY VISIBLE ON THE SURFACE, EXCEPT AS NOTED HEREON ALL ACCORDING TO MY SURVEY MADE THIS THE 27d' DAY OF JUNE, 2003. I ALSO STATE THAT I HAVE EXAMINED THE CURRENT FIA OFFICIAL FLOOD HAZARD MAP, COMMUNITY NUMBER 010006, PANEL NUMBER 0518-1K, AND FOUND REFERENCED PARCEL ABOVE LIES IN FLOOD ZONE "X UNSHADED". I ALSO STATE THAT THIS DRAWING AND OR CERTIFICATION DOES NOT REFLECT ANY TITLE OR EASEMENT RESEARCH, OTHER THAN WHAT IS VISIBLE ON THE GROUND OR PROVIDED BY THE CLIENTS AT TIME OF SURVEY. MATTHEW S. KOUNTZ, P.LS. ALABAMA REG. NO. 20359 BOUNDARY SURVEY WITH IMPROVEMENTS MICHAEL LEE THOMPSON 803 S. MOBILE STREET FAIRHOPE, AL 36532 o'A N W E S —Roads O Parcels ZC 5.14 JUBILEE DEVELOPMENT LOCATOR MAP PA_ KCO D GGINOAKS 0 162.5 BALDWIN COUNTY COMMISSION PLANNING AND ZONING DEPARTMENT SUBJECT PROPERTY 325 650 m Feet Effective Date — This ordinance shall take effect immediately upon its due adoption and publication as required by law. APPROVED BY THE CITY COUNCIL THIS Day of 2005. Timothy M. Kant, Mayor City of Fairhope, Alabama Attest: Geniece W. 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