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HomeMy WebLinkAboutO-1369ORDINANCE NO. 1369 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 Leon Saltz located at 1090 Fairhope Avenue, Fairhope, Alabama. TAX PARCEL 05-46-05-16-0-000-028.524 Legal Description: (Case number ZC 08.06) BEGIN AT A POINT ON THE SOUTH SIDE OF FAIRHOPE AVENUE WHICH IS 40 FEET SOUTH AND 610 FEET EAST OF THE NORTHWEST CORNER OF THE NORTH HALF (N1/2) OF THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHWEST QUARTER (SW1/4), SECTION 16-6-2, RUN THENCE EAST 240 FEET ALONG THE SOUTH SIDE OF FAIRHOPE AVE., SOUTH 200 FEET, WEST 240 FEET AND NORTH 200 FEET TO A POINT OF BEGINNING. CONTAINS 1.102 ACRES. A map of the property to be zoned is attached as Exhibit A The property is hereby rezoned from R-3 High Density Single Family Residential District TO B-4 Business and Professional Office 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 sought 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 approved 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 or 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 13TH DAY OF OCTOBER, 2008. ATTEST: u v isa . Ha cs, dity Clerk FAIRTIOPE PLANNING COMMI.)AON FfNAL I2IJPOIZT OF ZON1NG ANEE:\'DN- 11;N`I' `Next Change to Zoning Urdlnance C�� 'Request for change of Zoning District B (Applicant) Description and Map is attached The Commission has held a public hearing on this matter prior to this final report and wishes to report to the rairhope 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 chan--K ge 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 Voting Nay :abstain lr Respectfully submitted: C Cllai 0 an ----- -- —— CITY OF FAIRHOPE PLANNING AND ZONING COMMISSION COVER SHEET August 4, 2008 08-06 Request of Charles Leon Saltz for Zoning Change approval from R- 3 (High Density Single -Family Residential) to B-4 (Business and Professional Office). The property is located approximately 200' west of the southwest comer of Fairhope Avenue and Bishop Road. STAFF INTERPRETATION: The subject property is zoned R-3 (High Density Single -Family Residential). The applicant is requesting to rezone to B-4 (Business and Professional Office). The property is currently developed as a daycare that is considered a "grandfathered use" of the subject site. All associated ownersfinvestors include: Charles Leon Saltz and Carol W. Saltz. On April 7, 2008, the Planning Commission approved an R-5 to B-4 zoning change for the parcel abutting the west lot line of the subject property (Lot B of Lot 16 East Gate). Due to the surrounding zoning districts and the current use of the property, staff feels that a B-4 zoning designation is not inappropriate for the subject site. The B-4 zoning district is "intended to provide opportunity for business establishments of a professional nature and is restricted to offices and businesses, which provide specific corporate functions or professional services to the general public." (Article III, Section A. 14.) The rezoning request is not contrary to the City of Fairhope Comprehensive Plan. The land adjacent to the subject property to the north is zoned B-2 (General Business), west lies property zoned B-4, east is property zoned R-5 (High Density Multi -Family Residential) and south is zoned R-3 (High Density Single - Family Residential). STAFF RECOMMENDATION: Staff recommends the. Planning Commission approve the request to rezone the subject property from R-3 to B-4. 7 Page 4 of 6 APPLICATION FOR ZONING DISTRICT CHANGE operty 0xvner Information Name: 'tK�hone Number: / -3 5/95 Street Address- City:State: Zip: 3 Applicant / Agent Information If different from above. No ed letter from pro C - owner is required if an agent is used for repree Name: a-t.-kt- Phone Number: Street Ad ess• 2 0Si¢l/ City: State: aZ Zip: r Current Zoning of Property: I ` Proposed Zoning/Use of the Property: T Property Address: O Parcel Number: '- D / 6 - --HBO -- 0?40 Property Legal Description: _ ,�, A Property Map Attached YES NO Metes and Bounds Description Attached YES NO Names and Addj=as of all Real Property Owners within 300 Feet of Above Described Property Attached. YES NO Character of Improvements o the Property and Approximate Construction Date: Zoning Change Fee Calculation See Fee Schedule Filing Fee: Certified Letters: . Publication: Total: Certification: I certify that I am the property owner, or authorized agent, an est that 1 facts are true and correct. Signature: (�> Date: A d 05-13-08P01:4*1 RCVD May 13 08 01:27p Fairhope Single Tax Corp. 251 928-.8203 p.2 LEASECOAPO ` OPY ,"A Ais Lease, MADA TH15+OFAIRHOPF, 1 _AY OF �**Ile. 19 79 BY AND BETWEEN FAnZHOPE, SINGLE TAX CORPORATIONI, BALDWIN COUNTY, ALABAMA. AND OF Tialr1lope, A'iphatl 219191NAFTER DESIGNATED AS TLfE LESSEE. WITNESSETH. THAT THE SAID FAIRLL E SINGLE TAX CORPORATION; FOR AND IN CONSIDERATION OF THE ANNUAL RENTALS AND COVENANTS HE WAFTER MENTIONED HAS THIS DAY LEASED To AND SAID LESSEE TAKEN POSSESSION OF THE FOLLOLVING D SCRIBED PORTION OF LAID TO '?GII'_ Begin at a point on the South s de of Fairhope Avenue which is 40 feet South and 610 feet East of the Northwest aorner of the. Notth rani£ (is) of the hortheaBt Quarter (NF&) of the Southwest arter(SA). Section 16--6-2, run theTwe East 240 feet along ' i ha South: side of Fairhope Ave., South 200 feet, West 240 feet and North 200,€eat-to point of begianing. Contains 1.102 Acres i, f 05-13-0 SECTION If% M TOWNSHIP 6 SOUTH, kANG8 2 EAST, 131LDWTN COUNTY. ALABAMA, FOR THE TERM Or NINETY-NINE YEARS FROM THIS DATES ECT TO THE CONDITIONS HEREIN STATED AND THE REPRESENTA- TIONS AND AGREEMENTS OF THE LESSE4 IN M APPLICATION FOR SAID LAND HERETCI ATTACHED AND A PART OF TIirS LEASE CONTRACT AS FULL34 AS IF PRINTED HEREIN. to The said lessee; his heirs or sources the annual rental charge on said leasehold by In July of each year for the said land, exekitsire Corporation t'.,—gh its Board id' Directors or its to n5ow, for the varying advsatngea of faemtimr o treasury for the beacfil, of its lessees, the Faincg I a Board of Directors or its Executive Council, said lessee, for himself and his heirs, expressly through its Bcard.'of Directors or its Executive C be less than the •aa valorem taxes as the improvements and pcisonal property, situated tht such costs nbova such rent may be charged to tl reads or othws%ryises are improved- rents may charge period. . 121, Th. land herein leased shall be used rnzjerity of the president ac—bars of the Fairbc saOdary m6diati6tis as may be imposed by the E: (31 In consideration of the agreement Corporation will pay all taxes upon the land lease Clerk of Cry of Fairhape. rw taxes paid to State fmoaays and credits excepfed) field by Iesseo upoi amount equal to such n pFrble tax receipt - indebtedness to the Corporation: provided that sa agent to rotor. his property for taxation where accept tax receipts on more than a fair assessed for any year than the rent for that year on the Is 131 It is agreed by the parties hereto. 11 of the time the same beeline due, shall be subjec poor lien on ail improvements upon the land her indebtedness or any descriptrnn whatsoever, by to the Czrporativa the improvements. thereon, are• n same, them, -in such event, all rights under this le due and unpaid for ninety days; and the improve portion thereor, for six months after the same bee on any_Ieasehold, for satisfaction of the amount ill at Fafrfiope, Alabama, the cost of such publication sale, and the remainder, if any, to be returned to lessor, its agent or attorney, may conduct such the losses, proper conveyance OF the property so the collection of any debt due under this contract rights under this lease. W The Fairhope Supra Tax Corperatio Gth--ise, and the dirisiau oI its assets among its described and leased — or so much of it as he at of improvements thereon, and if it exceed in val. lessee -may at such time acqu?re title to the improvements upon it, 161 The Fairhope Single Tax Corporation means in its power to maintain the same; but f losses resulting from defects in its title. (Ii The right is res_e—.d by the Fairho herein described, for pabtic purposes only, on pa tg) Should it become accessary to de Gs the provisions of clauses 3. 6, or 7, ail this lease, follows: the Corporation and the Lessee each cho the two. All persanc named shalt be individuals to name his arbitrators within thirty days It. arbitrator For him. (9) This lease shall not be assigned or Corporation. The Original lease must be return c thereon, and if approved, a new lease will be Msu subleasing of any improvements located an the Ie C M Surface rights Only are hereby leas 111) -This tease may be terminated by -t of all rent due to the end of such six months peri of ally improvements thereon, (subject to the CO I Corporation, together with any improvements re improvements, and the Corporation may decline retafned, would not, in its opinion, be desirable to o IN WITNESS WHERE THIS 2iSt DAY O!' Jt}S1e. By ORDER EX. COUNCIL ( Mille 2 s s, shall pap to the Fairhope Sin�[e Tax Corporation, its successors or assigns, �. in& one Faif on the first day of January and the other half on the first day of z his improvements thereon, said rent charges to be as fixed annually by the secutive Council, in aconrdance with the rmapfe Of establishing its. rsrits so as t natural qualities of the different parcels and to convert into the Corporation Single Tax Corporation and for the good of the community, ns determined by 1: rental value of its leased lands exclusive of impmsrnteuts thereon. And the rear tbat the said rents shall be determined annually by the said C cp.—tion until, upon the principle above stated. Should the annual rent payable, however, road horeinabove described together withthe ad valorem taxes 'on; the eon plus a reasonable charge Car arimmis.rattva costs, in this case any additional i lessee. In instances when there are cbanges in leaseholds, or where streets or he adjusted an the leasehold or leaseha:ds so affected at the neat 9-mi-aonnaf for such lawful purposes only as may net be physically or morally offensive to a Single Tax Corporation, sad the lessee shrill be subject to such reasonable .-utivs Council or Superintendent of Public Health of said Corporative. said lessee to pav the rentals herein provided for, the Fairhope Single Tax and will accept from the lessee on rent, receipts of the County Tax Collector. er County, School District, or City, upon the improvements and personal property the land Ferefn leased: or, if all rent due be paid, will give him a certiffeate in mining, re -cable I -am bearer at face value On mclk or in dischirpe of any it lessee will appoint whomsoever may be designated by the Corporation as his ermitted by law soto dot that in no event shall the Corporationbe bound to aluatfon of the property, on the basis required by law, or to a grrater amount -d on which such improvements and personal property are field. at t_ne is of the essence of this contract. All rents not paid within ninety days to interest at night per can: per annum until paid:. and the lessor shall have a in leased, to secure the payment of LF.s rent andfor the payment of all other Is lessee to the lessor. It the land leased be unimpprroved, or En the judgment of t oI snfficien! value to secure the ppayment of ttic rent and cost of callectiog se steal' be. suhlIect to forfeiture wit Out notice, after the rents shalt have been menu. if any, shall revert to the lessor. Upon failure to r pay the reuts. oany one due, the lesser is hereby authorised to sell at public sale the improvements is, after first giving ten days notice by one publication in same paper published and the making of suck: sale to be paid with the rent Got of the proceeds of Bach the lessee w such other person as may be autimrized to receive the same. The Ie: and the party so: conducting the sale is authorized to: make, in the name of old. The lessees hereby waives all right of exemption of any property as agairal, The sale of the improvements under legal process shall work a forfeiture of all agrees that In case of Its dissatntion, either by voluntary act of its members or members, the said lessee. if a member, shall be entitled to have the'and- herein y designate — intruded in his pmtion, at its actual value at the time, exclusive snth portion, to purchase the excess at such valuation. If not a member, the A Ferem leased by paying to the Corporation its actual value exclusive of believes its title to the land herein leased Labe good, and will rise every proper is distinctly understood that the Corporation shall Rot be held liable for any Single Tax Corporation to 'es-- possession, of all or any portion of the land ent of the appraised value of the fmprovemer_ts thereon. ine the vulae of said land, or of the improvements thereon, in compliance with '.he same shall be determined by three disinterested persons, to be selected as ling one of three persons named by the other and the third to be selected b7 aliRed and experienced in making real estate appraisals. Should any lessee fad written notice by registered mail to duo so, the Corporation may name an iy portion or the leasehold sublet without the express, written, consent or the 4 to the Corporation with any proposed assignment or subleasing eademed I to the transferee. Nothing contained herein shag be constroed to prohibit the .bold. . All mineral rights are reserved by lessor. lessee aFer six months notice in writing to Elie Corporation and the payment 1. A lessee having fikd the regvired mlfce of desire .a surrender; may.dispose .oration's lien fOr rent) but if not so disposed o6 the Land spar. come to the Ring thereon. without any Claim of the surrendering lessee onaccclunt of such accept a partial surrender of a leasehold where the portion surrefia6red or tber lessees. - r yi THE PARTIES HEREUNTO HAVE SET THEIR' HANDS -IN I2i;1 ciITE:h; _lg i c 4 79 FAIRHOPE SINGLE TAK!C1%Jft�0#Xt0Y` '= Lessee Lessee. } 4crz4r.y _w 01:42 RCVD . . . .... — I ... — . , ... . — ., .. .. .. .. .