HomeMy WebLinkAboutO-1307ORDINANCE NO. 1307
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 Cecil P. Bush, Donna M. Bush, and Robert E. Bush, III (Eastern Shore
American Legion), located at 700 Mobile Street, Fairhope, Alabama.
TAX PARCEL 05-46-03-37-0-012-002.000
Legal Description: (Case number ZC 06.07)
Coming at the Northeast corner of Section 19, Township 6 South, Range 2 East,
Baldwin County, Alabama; thence run West 4718.00 feet to a point; thence run South,
1066.00 feet to a point; thence run S 37 degrees 00' 00" —W, 268.49 feet to a point;
thence run N-56 degrees 23' 57" —W, 19.76 feet to POINT OF BEGINNING; thence
continue N — 56 degrees 23' 57" —W, 453.53 feet to a point on the East margin of
Mobile Bay; thence run Northeasterly along said East margin of Mobile Bay, 52 feet,
more or less to a point, said point being N — 48 degrees 57' 35" — E, 51.85 feet from last
point; thence run S-56 degrees 23' 57" —E, leaving said East margin of Mobile Bay,
392.77 feet to a point; thence run S- 63 degrees 05' 03" —W 50.70 feet to point; thence
run S-37 degrees 00' 00" —W, 56.00 feet to the POINT OF BEGINNING; containing
0.52 acres, more or less.
Ordinance No. 1307
Page —2-
A map of the property to be zoned is attached as Exhibit A
The property is hereby rezoned from B-3a Tourist Resort Lodging District to R-5
High Density Dwelling Residential 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.
Adopted and approved this 1 Oth day of July_, 2006.
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D�a —o7 FfNAL REPORT OF ZONING AN11-:N INIF.N`I'
Text Change to Zoning Ordinance
Request for change of Zoning I),
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(Applicant)
(Description and Nfap 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:
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
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CP�c� Do s
Voting Aye Voting Nay Abstain
Respectfully submitted:
Chairman --------- --
CITY OF FAIRHOPE
PLANNING AND ZONING COMMISSION COVER SHEET
June 5, 2006
ZC 06-07 Public Hearing to Consider the Request of Rebecca Whiteside of
Williams Blackstock Architects to rezone property generally
located on the west side of S. Mobile Street just south of the
American Legion from 13-3a Tourist Commercial District to R-5
Multi -Family Residential.
STAFF INTERPRETATION:
The property is currently located in the City of Fairhope and is zoned B-3a. The
applicant will be purchasing the southern 50 feet of property from the American
Legion. This is the only part of the Legion's property that is being rezoned.
The applicant wishes to construct condominiums on the site.
The issues associated with this request are as follows:
Comprehensive Plan: This request is not contrary to the Comprehensive Plan.
Adjacent Zoning: Property to the south, Magnolia Beach Condos, is zoned R-5.
Property to the north is B-3a. Property across the street is zoned B-3a as well.
STAFF RECOMMENDATION:
To approve as requested.
Respectfully Submitted for Consideration,
Summer Woodson
Planner
Rx Date/Time JUN-13-2006(TUE) 13:22 12519902879
TUN-13-2006 13:03 FROM IOPE BUILD 12519902879 TO:9990010
50 FOOT DESCRIPTION FOR REZONING:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 19, TOWNSHIP 6 SOUTH,
RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN WEST 4718.00 FEET
TO A POINT; THENCE RUN SOUTH, 1066.00 FEET TO A POINT; THENCE RUN S-
37000'00"-W, 268.49 FEET TO A POINT; THENCE RUN N-56°23'57"-W, 19.76 FEET THE
POINT OF BEGINNING; THENCE CONTINUE N-56°23'57"•W, 453.53 FEET TO A POINT
ON THE EAST MARGIN OF MOBILE BAY; THENCE RUN NORTHEASTERLY ALONG
SAID EAST MARGIN OF MOBILE BAY, 52 FEET, MORE OR LESS TO A POINT, SAID
POINT BEING N-48057'35"-E, 51.85 FEET FROM LAST POINT; THENCE RUN S-56123'57-
E, LEAVING SAID EAST MARGIN OF MOBILE BAY, 392.77 FEET TO A POINT;
THENCE RUN S-63005'03"-W, 50.70 FEET TO A POINT; THENCE RUN S-37°00'00"-W,
56.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.52 ACRES, MORE OR
LESS.
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Rx Date/Time JUL-06-2006(THU) 09:55 12519902879
JUL-6-2006 09:37 FROM HOPE BUILD 12519902879 TO:9990010
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