HomeMy WebLinkAboutO-1591ORDINANCE NO. 1591
AN ORDINANCE AMENDING ORDINANCE NO. 1572:
FLY CREEK PUD SUNSET PROVISION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA as follows:
WHEREAS, Section 3(a) of Ordinance 1572 contains a sunset provision requiring the developer
to apply for a building permit within one year from City Council approval of Ordinance 1572
which the City Council construes and shall mean one year from the effective date of Ordinance
1572, which was April 27, 2016;
Upon City Council approval, Paragraph 3(a) of Ordinance No. 1572 is repealed in its entirety
and replaced by the following in lieu thereof:
3. That, Lot 6B (the apartment site) and associated road work of the Fly Creek PUD is
subject to the following self-imposed condition by Developer:
a. Following the expiration of the current moratorium, the developer is required to make
application to the Planning Commission for Multiple Occupancy Project site plan
approval as soon as is practicable. If the developer has not applied for a building permit
for the project on or before 120 days following approval by the Fairhope Planning
Commission of the Multiple Occupancy Project site plan, then the ordinance amendment
will terminate, and the property will revert back to being governed by the existing PUD
ordinance. If the Multiple Occupancy Project site plan is denied, the property will revert
back to being governed by the existing PUD ordinance. If the moratorium on
subdivision applications is extended beyond its current time limit or if another
moratorium on subdivision applications is enacted, this project shall be exempt from any
such moratorium.
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 THIS 1 OTH DAY OF APRIL, 2017
Jack Burre ouncil President
ATTEST:
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Lisa A Hanks, MMC
City Clerk
ORDINANCE COVERSHEET
❑ TEMPORARY ORDINANCE NUMBER 1591
❑ DESCRIPTION OF ORDINANCE Amending ordinance No. 1572 :
Fly Creek PUD Sunset Provision; Paragraph 3 (a)
❑ PASSED BY GOVERNING BODY April 10, 2017
L FORWARD TO MAYOR April 11, 2017
❑ EXPIRES 10 DAYS AFTER DATE OF PASSAGE
x 2��z
XIS,ROVED BY MAYORPPROVED BY MAYOR
SEE OBJECTIONS
J RETURNED TO CITY CLERK
PERMANENT ASSIGNED ORDINANCE NUMBER
Co U Oh t,. I 01(er1-tv- &C V e,- o
APR 1A'17
Karin Wilson
Mayor
TO: Lisa Hanks, City Clerk
MEMO
Council Members
Kevin G. Boone FROM: Karin Wilson, Mayor, City of Fairhope
Robert A. Brown DATE: April 18, 2017
Jack Burrell, ACMO
Jimmy Conyers RE: VETO of Ordinance 1572 — Fly Creek PUD Sunset Provision
Jay Robinson
Ur aA.HC/� MMC I am today exercising my right as Mayor to veto the Council's
Deborah A. Smith, CPA extension of the sunset provision contained in Ordinance 1572.
ham When this ordinance originally passed on April 11, 2016 the great
majority of our citizens opposed the zoning change allowing the
construction of this large apartment complex in an environmentally
sensitive area. The developer of this project, to persuade the prior
Council to approve the change, agreed to a more environmentally
sensitive storm water drainage system as well as a one year sunset
provision. The developer then changed the drainage plan to a more
conventional drainage system that is a point discharge from a pipe
into a detention pond. This is the same system that already failed
and damaged Fly Creek and is unacceptable. The Planning
Commission rightly denied approval of this plan and it is the
developer who is at fault if the sunset provision causes this
apartment project to fail - not the City. I cannot, therefore, in good
conscience sign this into law and request the Council respect the
wishes of the citizens of Fairhope in this matter.
161 North Section Street
P.O. Drawer 429
Fairhope, Alabama 36533
251-928-2136
251-928-6776 Fax
www.fairhopeal.gov
Pnnt d m mov&d paper
INDEX - PAGE 49 OF THIS BOOK
A = ADOPTED P = PUBLISHED
ORD. NO DESCRIPTION
1353 Ordinance - Amending the City of Fairhope Code of Ordinance
(Section 2-21) Monthly Salary for the Mayor and Councilmembers.
Vetoed by Mayor Kant 2/21/08
Overturned by Councilmembers on 2/25/08
A — 02/11/08
P — 03/05/08
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