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Home My WebLink AboutO-1297C LOU, Y m cc �U C- W k1jo. V • 6� Z W O 1=— O ORDINANCE NO. 1297 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 Jeffrey Copeland, located at 6 Summit Street, Fairhope, Alabama. TAX PARCEL 46-03-37-0-006-039.513 Legal Description: (Case number ZC 06.02) COMMENCING AT THE NORTHWEST CORNER OF LOT 6, BLOCK 10, FAIRHOPE SINGLE TAX CORPORATION AS SHOWN ON MAP DATED SEPTEMBER 13, 1911, RECORDED IN MISCELLANEOUS BOOK 1, PAGES 320-321, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA, AMENDED TO CORRECT CERTAIN ERRORS AND DEFICIENCIES SINCE RECORDING, SAID POINT BEING ON THE SOUTH RIGHT- OF-WAY LINE OF FAIRHOPE AVENUE, (80' RIGHT-OF-WAY, RECORD, PAVED), THENCE RUN EAST 17.73 FEET ALONG SAID SOUTH RIGHT-OF-WAY TO A POINT, THENCE RUN SOUTH 80.26 FEET TO THE POINT OF BEGINNING, THENCE RUN 89°-47'-14" EAST, 52.73 FEET TO A POINT, SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF SUMMIT STREET, (66' RIGHT-OF-WAY, RECORD, PAVED), THENCE RUN SOUTH 88.54 FEET ALONG SAID RIGHT-OF-WAY TO AN IRON PIPE, THENCE RUN WEST 52.73 FEET TO AN IRON PIPE, THENCE RUN NORTH 88.74 FEET TO THE POINT OF BEGINNING, CONTAINING 0.11 ACRES MORE OR LESS, SAID PROPERTY BEING PART OF LOT 6, BLOCK 10, FAIRHOPE SINGLE TAX CORPORATION, SECTION 18, TOWNSHIP 6 SOUTH, RANGE 2 EAST. A map of the property to be zoned is attached as Exhibit A The property is hereby rezoned from B-3b Tourist Resort Commercial Service District to B- 2 General Business District. 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. Attest: Geniece Johnson, Adopted and approved this 10`h day of April , 2006. t 0 -FAZIMOPE PLANNfNG COMN MSfON l /0� -- � FINAL REPORT OF ZON1NG AM ENT Text Changc to Zoning OrdillallCe Request for change of Zoning District \ _ /I f n T f_ 2 ► --A- By: (Applicant) Description and Alap is attached �The Comntission has field a public hearing on this matter prior to this final report and wishes �tn r.nnnr-f tn�t}»Tairh,C-.. C-nrinr.ilaacmfo`0"Is;� .' 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 TMplementing the proposed changes as provided by law. Members Present Voting Aye Voting Nay Abstain Respectfully submitted: i i hairman CITY OF FAIRHOPE CITY COUNCIL COVER SHEET April 10, 2006 06-02 Public Hearing to Consider the Request of Arthur C. Tonsmeire to rezone property located at 6 Summit Street from B-3bTourist Resort Commercial Service District to B-2 General Business STAFF INTERPRETATION: Mr. Tonsmeire is acting as the agent for the property owner. This property is located on the southwest corner of Fairhope Avenue and Summit Street. The issues associated with this request are as follows: Comprehensive Plan: This request is not contrary to the plan. Adjacent Zoning: The property is bordered on the west and south by 13-3b. Across Fairhope Avenue to the north is zoned 13-3b as well. Across Summit Street to the east is B-2. Diagonally across Fairhope Avenue is zoned B-2. Planning Commission: P&Z heard this case at the March meeting. A favorable recommendation was forwarded to the City Council. STAFF RECOMMENDATION: To approve as requested. Respectfully Submitted for Consideration, �K--- Summer — * Woodson Planner X? 1 N W E S ZC 06-02 6 SUMMIT STREET .e*ftbit-h- LOCATOR MAP FAIRHOPE AV H Cn H Cn BALDWIN COUNTY COMMISSION PLANNING AND ZONING DEPARTMENT SUBJECT PROPERTY —Roads I 0 25 50 100 I 150 1 20p = Parcels F eet STATE OF sMA COUNTY OF DWIN I, RAY B. MnORE, A REGISTERED LAND SURVEYOR, IN THE: -STAFF: 09- ALABA14l;, HEREBY CERTIFY THAT, THE-'FOLi:OWING TS A TRUE AND CORP,F('T P.i.AT-7c. T1�p-_.F.�� T:iWI"v PRHPEi-� t i, TD-VIT, COMMENCING AT THE NORTHWEST CORNER (IF LOT 6, BLOCK 10, FAIRHOPE SINGLE TAX CORPORATION AS SHOWN ON MAP DATED SEPTEMBER 13,1911, RECORDED IN MISCELLANEOUS BOOK 1, PAGES 320-321, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA, AMENDED TO CORRECT CERTAIN ERRORS AND DEFICIENCIES SINCE RECORDING, SAID POINT BEING ON THE SOUTH RIGHT—OF—WAY LINE OF FAIRHOPE AVENUE, (80' RIGHT—OF—WAY, RECORD, PAVED)l THENCE RUN EAST 17.73 FEET ALONG SAID SOUTH RIGHT—OF—WAY TO A POINT) THENCE RUN SOUTH 80.26 FEET TO THE POINT OF BEGINNING) THENCE RUN SOUTH 89'- 47'-14- EAST, 52.73 FEET TO A POINT, SAID POINT BEING ON THE WEST RIGHT—OF—WAY LINE OF SUMMIT STREET, <66 FOOT RIGHT—❑F—WAY, RECORD, PAVED)) THENCE RUN SOUTH 88.54 FEET ALONG SAID RIGHT—OF—WAY TO AN IRON PIPE) THENCE RUN WEST 52.73 FEET TO AN IRON PIPE) THENCE RUN NORTH 88.74 FEET TO THE P❑INT OF BEGINNING) CONTAINING 0.11 ACRES MORE OR LESS, SAID PROPERTY BEING PART OF LOT 6, BLOCK 10, FAIRHOPE SINGLE TAX CORPORATION, SECTION 18, TOWNSHIP 6 SOUTH, RANGE 2 EAST, I FURTHER CERTIFY THAT ALL PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN ACCORDANCE WITH THE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS FOR THE PRACTICE OF LAND SURVEYING IN THE STATE OF ALABAMA, AND THAT THE BUILDING NOW ERECTED ON SAID PROPERTY ARE WITHIN THE BOUNDARIES OF SAME) T14ERE ARE NO ENCROACHMENTS BY ADJOINING PROPERTY, EXCEPT AS SHOWN) THERE ARE NO RIGHT—OF—WAY, EASEMENTS OR JOINT DRIVEWAYS OVER OR ACROSS SAID LAND VISIBLE ON THE SURFACE, EXCEPT AS SHOWN) THERE ARE NO ELECTRIC OR TELEPHONE WIRE CLUDING WIRES WHICH SERVE THE PREMISES ONLY) OR STRUCTURES OR SUP RT THEREFORE INCLUDING POLES, ANCHORS AND GUY WIRES ON OR OVER SAID P MISES, EXCEPT AS SHOWN, MY SURVEY THIS, THE 5TH DAY OF MAY, 2000, B. " ORE, P.L,S, REG NO. 15712 EY 000\G1630-1001 >-o Q� SE 'TION m SCALE 1' .10, NOTES: F,E,MA. RECORDS INDICATE THAT THIS PROPERTY IS LOCATE IN ZONE 'C" FF,I.R.M, COMMUNITY —PANEL NO,010006D H&1-05 DATED: 01 APRIL 1981 A SURVEY FOR MR.CURTIS GORDON 18,TOWN-SHIP 6 SOUTH,RANGE 2 EAST DATE DRAWN BY I DESIGNED BY SHEET MAY 5,2000 RRR RBM �1 OF 1