HomeMy WebLinkAboutO-1271ORDINANCE NO. 1271
AN ORDINANCE AMENDING THE CITY OF FAIRHOPE
ZONING ORDINANCE 1253
ARTICLE III, SECTION C. — DIMENSION STANDARDS, SUB -SECTION 1
and ATRICLE II, SECTION C REVIEW PROCEDURES, SUB -SECTION 2
SITE PLAN
The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, is changed
and altered as described below;
WHEREAS, the City of Fairhope Planning Commission directed the Planning Department to
prepare amendments to our Zoning Ordinance; and,
WHEREAS, the proposed amendments relate to Mixed Use buildings in Commercial Zones;
and,
WHEREAS, after the appropriate public notice and hearing of the Planning and Zoning
Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA;
1. THAT, Article III, Section C, Sub -section 1 is hereby amended to read as follows:
A building located in any commercial zone may have a height of 35' if it
contains both residential and commercial space. The residential use must
make up at least thirty-three percent (33%) of the total area of the building and
be located on the second and/or third floor and retail or office space must be
located on ground and/or second floor. (See Site Plan Review Article II,
Section C, Sub -section 2 - Site Plan, for approval procedures)
Within table 3-2 Dimension Table — Lots and Principle Structure, under Article III, Section C,
Sub -section 1 amend dimension B-1, B-2, B-3a, B-3b and B-4 max. height column by adding
the letter I.
1. THAT, Article II, Section C, Sub -section 2 is hereby amended to read as follows:
(4) A mandatory site plan review application for all mixed -use projects electing to
build to 35 feet height with 33% residential, regardless of whether or not it
triggers site plan review approval, must make application to the Planning and
Zoning Commission for approval.
3. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause,
phrase, or portion of this ordinance is for any reason held invalid or
constitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall
not affect the validity of remaining portions hereof.
4. EFFECTIVE DATE. This ordinance shall take effect immediately upon its due
adoption and publication as required by law.
APPROVED BY THE CITY COUNCIL THIS 24`h Day of October , 2005.
M. JCantj Mayor
ATTEST:
Geniece W. Johnson, C Cle reasurer
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Members Present
1+AIRIJOPE PLANNrNG CONIMfSSfON
RNAL REPORT OF ZONIiNG A;\tl;.\I)ti1I N1'
�—Tcxt Change to Zoning Ordinance
By:
Request for change ofZonin<, District
Descril)fion acid Mal) is affached
The Commission has field 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,
9 ► expo 'cent and necessary for the benefit of the City
We find that the proposed zoning district change (Is) (Is Not) in conformity
,,vLth the comprehensive plan and in the best interests of the City as a whole, and
:i—(Do) (Do Not) Recommend that the City Council adopt an ordinance
implementing the proposed changes as provided by law.
Voting Aye Voting Nay Abstain
Respectfully submitted:
V� C irman
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CITY OF FAIRHOPE
PLANNING AND ZONING COMMISSION COVER SHEET
June 6, 2005
ZC 05-11 Public Hearing to Consider an Amendment to the City of Fairhope
Zoning Ordinance to allow a building height of 35' if located in a
commercial zone and contains both residential and retail and/or
office space.
The attached amendment to the City of Fairhope's Zoning Ordinance would allow
a building height of 35' if the building is located in a commercial district and
contains both residential and retail and/or office space. This issue was
discussed by the Planning Commission at the May meeting.
It was advertised on May 18, 2005 and May 21, 2005 as required by law and is a
public hearing.
STAFF RECOMMENDATION:
To approve as presented.
Respectfully Submitted for Consideration,
Summer Woodson
Planner
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