HomeMy WebLinkAboutO-1589ORDINANCE NO. 1589
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 Commission of the City of Fairhope,
Alabama has forwarded a favorable recommendation,
The property of Cliff Pitman generally located at 19940 County Road 13, Fairhope, Alabama.
TAX PARCEL 05-46-05-22-0-000-001.565
Legal Description: (Case number ZC 16.09)
COMMENCE AT A RAILROAD SPIKE AT THE NORTHWEST CORNER OF SECTION 22, TOWNSHIP 6
SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA AND RUN THENCE SOUTH 00 DEGREES 26
MINUTES 31 SECONDS WEST, ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 240.05
FEET; THENCE RUN SOUTH 89 DEGREES 33 MINUTES 04 SECONDS EAST, A DISTANCE OF 33.00
FEET TO A REBAR FOUND ON THE EAST MARGIN OF BALDWIN COUNTY HIGHWAY 13 FOR A
POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 33 MINUTES 04 SECONDS EAST, A
DISTANCE OF 1282.05 FEET TO A CAPPED REBAR; THENCE RUN SOUTH 00 DEGREES 24 MINUTES
47 SECONDS WEST, A DISTANCE OF 424.05 FEET TO A CRIMP TOP IRON PIPE; THENCE RUN
NORTH 89 DEGREES 37 MINUTES 44 SECONDS WEST, A DISTANCE OF 1282.72 FEET TO A CAPPED
REBAR ON THE AFOREMENTIONED EAST MARGIN OF BALDWIN COUNTY HIGHWAY 13; THENCE
RUN NORTH 00 DEGREES 30 MINUTES 11 SECONDS EAST, ALONG SAID EAST MARGIN, A
DISTANCE OF 425.79 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 12.51 ACRES, MORE
OR LESS, AND LIES IN THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 2
EAST, BALDWIN COUNTY, ALABAMA.
A map of the property to be zoned is attached as Exhibit A
The property is hereby rezoned from RA Residential / Agriculture District to R-2 Medium
Density Single Family 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 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 23RD DAY OF FEBRUARY, 2017
Karin Wi son, Mayor
ATTEST:
isa A. anks, MMC
City Cle
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CITY OF FAIRHOPE ZONING
Zoning
TM TR Tourist Resort
R-1 Low Density Single -Family
R-2 Medium Density Single -Family
R-3 High Density Single-Farmly
R-4 Low Density Multi-Farnify
R-5 High DensAy Dwelling Residential
R-6 Mobile Home Park District
B-1 Local Shopping District
B-2 General Business District
B-3a Twrist Resort Lodging District
B-3b Tourist Resort Commercial Sewice District
foulB-4 Business and Professional District
RMM-I Light Industrial PLID Planned Unit Dwelopment
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ZC 16.09 19940 County Road 13
Parcel No.: 05-46-05-22-MO-001.565
COF GIs
Planning Dept.
10116
tip I
CITY OF FAIRHOPE
CITY COUNCIL COVER SHEET
December 14, 2016
16.09 Public Hearing to consider the request of Dewberry/Preble-Rish,
LLC to rezone property from RA Residential/Agriculture District to
R-2 Medium Density Single Family Residential District. The
property is located on the east side of County Road 13, just south
of Pecan Park, at 19940 County Road 13.
STAFF INTERPRETATION:
The subject property is currently zoned R-A (Residential/Agriculture District). The
applicant wishes to rezone the property to R-2 (Medium Density Single Family
Residential District). The total area of the property is approximately 12.51 acres.
Mr. Cliff Pittman is the property owner. If rezoned, the owner plans on adding a
future phase to the Fox Hollow Subdivision.
The property is bordered to the north by R-6 (Mobile Home Park District)
property, to the south and west by R-2 and un-zoned property in Baldwin County,
and to the east by property zoned R-2.
The request does not appear to be contrary to the City's Comprehensive Plan or
the criteria in the Zoning Ordinance for a Zoning Amendment (Article II, Section
C. (1) — Zoning Amendments). The request is consistent with what the City has
approved in the area in previous years.
If the property is brought before the Planning Commission for subdivision in the
future, all applicable regulations shall apply.
STAFF RECOMMENDATION:
On November 10, 2016 the Planning Commission unanimously recommended
the City Council approve the proposed zoning change from R-A to R-2.
Respectfully Submitted for Consideration,
Ponathan 1. Smith, MPA
Planning and Zoning Director
City of Fairhope
Page 4 of 6
APPLICATION FOR ZONING DISTRICT CHANGE
Property Owner / Leaseholder Information
Name: CLIFF PITMIAN Phone Number: q2A-4OS2.
Street Address: 53U 6AYFE.1Z. AVMLE-
city: F-AiOym State: AL Zip: 34532
Applicant / Agent Information
If d.ffercnt from above.
Notarize letter from property owner is required if an agent is used for representation.
Name: (BfJiR.MIPRENI-{2i k Phone Number:
Street Address: 1 "401 uj ATipt.1 AyEAWE.
City: PAP141.1E State: AL Zip: 3 hl&
Current Zoning of Property: K- A
Proposed Zoning/Use of the Property: K-1 5InlCil✓ MAILY
Property Address:
Parcel Number: 05-41A-05.22--DDO-b0� Sb5
Property Legal Description: 'Sa ATTAVALb
Reason for Zoning Change: 1'tfbSLDEX?�,.IStoN To'1E-faX (-kLLoit!
p81(f-1 fME3•t'T .
Property Map Attached (E� NO
Metes and Bounds Description Attached CD NO
Names and Address of all Real Property Owners
within 300 Feet of Above Described Property Attached. YE NO
Character of Improvements to the Property and Approximate Construction Date:
P12�R _ TW(1- VRL F&4.5w(%LL FAMIL-I D a0A1 nYt'
APN09MM+M Whh-TRuc.MN DAIL - U11
Zoning Fee Calculation:
Reference: Ordinance 1269
I certify that I am the property owner/leaseholder of the above described property and hereby
submit this application to the City for review. *If property is owned by Fairhope Single Tax
Corp. an auth ed Single Tax representative sh;
Property Owner/Leaseholder Printed Name
Date
f
SEP 2 7 2016
l L....Iz...........
_X_
November 10,
Planning Commission Minutes
The Planning Commission met Monday, November 10, 2016 at 5:00 PM at the City
Municipal Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; George Roberds, Vice -Chair; Ralph Thayer; Jennifer
Fidler; Bob Clark; Bernie Fogarty; David Martin; Hollie MacKellar; Jimmy Conyers;
Jonathan Smith, Planning Director; Emily Boyett, Secretary; and Tut Wynne, City
Attorney
Absent: None
Chairman Turner called the meeting to order at 5:02 PM and announced the meeting is
being recorded. Mr. Turner welcomed Dr. Thayer, Mr. Martin, and Councilman Conyers
to the Planning Commission.
The minutes of the October 3, 2016 meeting were considered and George Roberds moved
to accept the minutes as written and was 2nd by Bob Clark. The motion carried with the
following abstentions: Ralph Thayer, Jennifer Fidler, Bernie Fogarty, David Martin, and
Jimmy Conyers.
ZC 16.09 Public hearing to consider the request of Dewberry/Preble-Rish, LLC to
rezone property from RA Residential/Agriculture District to R-2 Medium Density
Single Family Residential District, Steve Pumphrey. The property is located on the
east side of County Road 13, just south of Pecan Park, at 19940 County Road 13. Mr.
Smith gave the staff report saying the property is approximately 12.51 acres and if
rezoned the property owner plans on adding a future phase to the Fox Hollow
subdivision. Staff recommendation is to approve the proposed zoning change from RA to
R-2.
Mr. Pumphrey addressed the Commission saying the site would provide an access to
County Road 13 for the Fox Hollow subdivision if it is rezoned.
Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner
closed the public hearing.
Jennifer Fidler made a motion to accept the staff recommendation to approve the
proposed zoning change from RA to R-2. Bernie Fogarty 211 the motion and the motion
carried unanimously.
David Martin recused himself and left the room.
SD 16.21 Request of St. Lucia Properties, LLC for Multiple Occupancy Project
approval of St. Lucia Cottages, a 3-unit project, Jeremy Lee. The property is located
on the west side of S. Mobile Street, just south of Fels Avenue, at 206 S. Mobile Street.
Mr. Smith gave the staff report saying the property is located in the City of Fairhope and
is zoned B-3a Tourist Resort Lodging District. The site is approximately .27 acres and 3
units are proposed. Due to the small size of the site the applicant is requesting a waiver
to the LID requirements. Staff recommendation is to approve contingent upon the
following conditions:
1. The Operations and Maintenance Plan and Agreement shall be revised and
resubmitted, and recorded within 60 days, if approved.