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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 �AS' iWp ALE PN* � pING Nyo<A1.n •r �y r..o. .w EGI Gi�lswc yr x E u,r v '.:..10'aIR v_ xr V e66ixxix6 � e. �r v iur v ut ei w< W em w iur w im w im w t16' xt 2 2414 .R ON ¢ . . •. 5 E I 0, H ow po SS vax, rv�u�v rO ni Pua ur „ � r��'4677��rm5� W r a8tz Y ur TWO r ? 1UBEepLILL `._ c PNN E W .0 ctxnnal[: u TIE 11T 1/1 xa+sccnw+xxx. r-e�>p6-x-� �6✓xt�d•�:m.'.kR�C.�ET�"ZS'r. i� r"� ee iiii L. 1a A. c 12.611 AC OVERALL OR �••'4r fY:6Y16S cg r3LT�.ra• _ y TM r z`s. p.re.. -- �� EXHIBIT UK CLEF KMMN ■ ■� ti District III � 1� �, . � 1 1 li Legend = Parcel Lot Line 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 WE all ME all all, MEN NONE-= ZC16.09 19940 County Road13 -FA:RHOf*AV 2' _Ak dk JI Up m I 'L, _J m IL L r T 7L-.--, ----1 i_ _77777.__o 41 llr�� k", 01 .4 T 1L_1___ 7! -46 ROTHLEY Ir- ;'A NF7"p. .SA FRON AV '� r dq iO1t !, it 9 I, U INA 4 s PIP Lj A, T7 1r.z 4_1 M1 JA n T .;�4 7 *-Ar, , "Irk JIM, -F� 1�v a 7 t �7 fit eat 4V 41 T,*4 U) tu X ILI 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.