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ORDINANCE NO. 1272
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 Y. Charles Earle, Jr., generally located on Spring Run Drive just west of Northchase Court.
Legal Description: (Case number ZC 05.17)
BEGINNING AT THE NORTHEAST CORNER OF LOT 2, SCARBOROUGH FAIR SUBDIVISION,
AS RECORDED ON SLIDE 1627-A IN THE PROBATE COURT RECORDS OF BALDWIN COUNTY,
ALABAMA, RUN SOUTH 00 DEGREES 01 MINUTES 03 SECONDS EAST, ALONG THE EAST
LINE OF SAID LOT 2, SCARBOROUGH FAIR SUBDIVISION, A DISTANCE OF 186.85 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 2, SCARBOROUGH FAIR SUBDIVISION, SAID POINT
BEING ON THE NORTH RIGHT OF WAY LINE OF SPRING RUN ROAD; RUN THENCE SOUTH 89
DEGREES 50 MINUTES 38 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 2,
SCARBOROUGH FAIR SUBDIVISION AND SAID NORTH RIGHT OF WAY LINE OF SPRING RUN
ROAD, A DISTANCE OF 100.0 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2,
SCARBOROUGH FAIR SUBDIVISION; RUN THENCE NORTH 00 DEGREES 01 MINUTES 03
SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 2, SCARBOROUGH FAIR
SUBDIVISION, A DISTANCE OF 187.23 FEET TO THE NORTHWEST CORNER OF SAID LOT 2,
SCARBOROUGH FAIR SUBDIVISION; RUN THENCE SOUTH 89 DEGREES 56 MINUTES 36
SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT 2, SCARBOROUGH FAIR
SUBDIVISION, A DISTANCE OF 100.0 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 B-4 Business and Professional
Office to R-3 Single Family Residential. 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.
APPROVED BY THE CITY COUNCIL THIS 24' Day of October , 2005.
a6thy . Kant Mayor
ATTES
Geniece W. Johnson, City rk/Treasurer
ip
FAMHOPE PLANNING CONOUSSfONN 9166
FINAL REPORT OF ZONING AN1[:.\I)NtI:N"I'
Text Chan<;c to Zoning Ordinance ( I
f Request for change of ZoningDistrict T
By: �OZ
(Applicant)
Description and Map is attached
The Commission has field a public hearing on this matter prior to this final report and wishes
to report to the I~airhope City Council "as follows:
' 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 Not) in conformity
with the comprehensive plan and in the best interests of the City as a whole, and
(Do Not) Recommend that the City Council adopt an ordinance
implementing the proposed changes as provided by law.
Members Present Voting Aye Voting Nay Abstain
Respectfull submitted:
Chairman
CITY OF FAIRHOPE
CITY COUNCIL COVER SHEET
October 24, 2005
05-17 Public Hearing to Consider the Request of Habitat for Humanity of
Baldwin County for a Zoning Change from B-4 Business Office and
Professional Services to R-3 Single Familly Residential for
property located on Spring Run Drive just west of Northchase
Court.
Mr. Pete Randa, Executive Director of Habitat for Humanity of Baldwin County is
representing the property owner in this request. The property is approximately
100 feet wide and 187 feet deep.
The issues associated with this request are as follows:
Comprehensive Plan: This request is not contrary to the plan. In fact, it
supports the plan in that it encourages affordable housing in the Fairhope area.
Adjacent Zones: There are two adjacent neighborhoods to this property that are
zoned R-3 and R-3PGH. This request would fit in with the character of the
surrounding neighborhood.
Planning Commission: This case was heard by the Planning Commission on
September 6th, and they recommended approval to City Council.
STAFF RECOMMENDATION:
To approve as requested.
Respectfully Submitted for Consideration,
46-� 9411�
Summer Woodson
Planner
ORDINANCE No.
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 Y. Charles Earle, Jr. generally located on Spring Run Drive just west of
Northchase Court.
Legal Description: (Case number ZC 05.17)
BEGINNING AT THE NORTHEAST CORNER OF LOT 2, SCARBOROUGH FAIR
SUBDIVISION, AS RECORDED ON SLIDE 1627-A IN THE PROBATE COURT RECORDS
OF BALDWIN COUNTY, ALABAMA, RUN SOUTH 00 DEGREES 01 MINUTES 03
SECONDS EAST, ALONG THE EAST LINE OF SAID LOT 2, SCARBOROUGH FAIR
SUBDIVISION, A DISTANCE OF 186.85 FEET TO THE SOUTHEAST CORNER OF SAID
LOT 2, SCARBOROUGH FAIR SUBDIVISION, SAID POINT BEING ON THE NORTH
RIGHT OF WAY LINE OF SPRING RUN ROAD; RUN THENCE SOUTH 89 DEGREES 50
MINUTES 38 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 2,
SCARBOROUGH FAIR SUBDIVISION AND SAID NORTH RIGHT OF WAY LINE OF
SPRING RUN ROAD, A DISTANCE OF 100.0 FEET TO THE SOUTHWEST CORNER OF
SAID LOT 2, SCARBOROUGH FAIR SUBDIVISION; RUN THENCE NORTH 00
DEGREES 01 MINUTES 03 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 2,
SCARBOROUGH FAIR SUBDIVISION, A DISTANCE OF 187.23 FEET TO THE
NORTHWEST CORNER OF SAID LOT 2, SCARBOROUGH FAIR SUBDIVISION; RUN
THENCE SOUTH 89 DEGREES 56 MINUTES 36 SECONDS EAST, ALONG THE NORTH
LINE OF SAID LOT 2; SCARBOROUGH FAIR SUBDIVISION, A DISTANCE OF 100.0
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 B-4 Business and
Professional Office to R-3 Single Family Residential. 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.
APPROVED BY THE CITY COUNCIL THIS Day of 2005.
Timothy M. Kant, Mayor
City of Fairhope, Alabama
Attest:
Geniece W. Johnson, City Clerk / Treasurer
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