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Home My WebLink AboutO-1641INDEX - PAGE 92 OF THIS BOOK A = ADOPTED P = PUBLISHED ORD. NO DESCRIPTION 1637 Annexation — The property of A.I.C., Jr. Land A.I. Corte, III Family Limited Partnership, to be known as North Hills at Fairhope, generally located on the north side of State Highway 104 approximately 1/2 mile east of County Road 13, Fairhope, Alabama. 46-02-03-0-000-004.000 and 46-02-03-0-000-002.000 (Portion of); and to zone as R-1 Low Density Single -Family Residential District. A — 02-25-19 P — 03 -13-19 1638 Ordinance — Amend Zoning Ordinance No. 1253. Request to rezone the property of A.I.C., Jr. Land A.I. Corte, III Family Limited Partnership to R-2 Medium Density Single Family Residential District concurrent with annexation into the City of Fairhope. This property is generally located on the north side of State Highway 104 approximately 1/2 mile east of County Road 13, Fairhope, Alabama. PPIN #98367. The property to be known as part of North Hills at Fairhope. A — 02-25-19 P — 03-13-19 1639 An Ordinance adopting New Building, Mechanical, Plumbing, Fuel and Gas, Fire and Electric Codes. A — 03-07--19 P — 03-20-19 1640 Ordinance — Amend Zoning Ordinance No. 1253. Amending Article III Zoning Districts, Section B. Allowed Uses, Table 3-1: Use Table be hereby amended to show Public Utilities as an allowed use permitted only on appeal and subject to special conditions in all zoning districts. A — 03-07--19 P — 03-20-19 1641 Ordinance - Amend Zoning Ordinance No. 1253. Request to rezone the property of Fairhope Single Tax Corporation and JFL Holdings, LLC from B-1 Local Shopping District to B-2 General Business District. This property is generally located at the southeast corner of the intersection of S. Church Street and De La Mare Street, at 51 S. Church Street, Fairhope, Alabama. PPIN #: 15272. A — 03-07--19 P — 03-20-19 INDEX - PAGE 91 OF THIS BOOK A = ADOPTED P = PUBLISHED ORD. NO DESCRIPTION 1632 An Ordinance amending Ordinance No. 1504 and authorizing and granting to Bellsouth Telecommunications, Inc. d/b/a AT&T Alabama ("AT&T") the right to use the Rights -of -way of the City of Fairhope, Alabama (The "City") to provide video services to the citizens of the City under the Terms of a Video Agreement and Addendum to Agreement. A — 12-20-18 P — 01-04-19 1633 Ordinance — Amend Zoning Ordinance No. 1253. Request to zone the property of The Bills' No. 2, LLC to R-2 Medium Density Single Family Residential District concurrent with annexation into the City of Fairhope. This property is generally located on the west side of Lawrence Road approximately 1/4 mile north of Gayfer Avenue, Fairhope, Alabama. PPIN #: 369809 and 369810. A — 01-28-19 P — 02-06-19 1634 Ordinance — Amend Zoning Ordinance No. 1253. Request to rezone the property of Eva M. Raley from R-1 Low Density Single Family Residential District to B-2 General Business District. This property is located at 814 n. Greeno Road, Fairhope, Alabama. PPIN #: 43891. A — 01-28-19 P — 02-06-19 1635 Ordinance — An Ordinance Amending Ordinance No. 1510 known as the Personnel Rules, Policies and Procedure Ordinance - Section IV. Wage and Salary Administration: 4.03 Employee Pay Rates; more specifically City Building Inspector Certifications. A — 01-28-19 P — 02-06-19 1636 Ordinance — An Ordinance to Declare that certain Real Property (a portion of 451 Pecan Avenue property) of the City of Fairhope is not needed for public or municipal purposes in response to an offer from Scott Free Productions to lease property from February 8, 2019 through March 6, 2019. A — 0 1 -28-19 P — 02-06-19 INDEX - PAGE 90 OF THIS BOOK A = ADOPTED P = PUBLISHED ORD. NO DESCRIPTION 1627 Ordinance — Amend Zoning Ordinance No. 1253. Request to zone the property of LA Development, LLC to Planned Unit Development concurrent with annexation into the City of Fairhope. This property is generally located on the north side of County Road 44, approximately 900 linear feet west of State Highway 181, Fairhope, Alabama. A Portion of PPIN #362500, 362501, 362502, 362503, 362504, 362505, 362506, and 77747. Twin Beech Estates PUD. A — 10-22-18 P — 11-07-18 1628 Ordinance to repeal and replace Ordinance No. 1176, Ordinance No. 1222, and Ordinance No. 1531 known as the City of Fairhope's Lodging Tax Ordinance. A—10-22-18 P — 11-07-18 1629 Ordinance — Amend Zoning Ordinance No. 1253. Request zone the property of LA Development, LLC to R-2 Medium Density Single Family Residential District concurrent with annexation into the City of Fairhope. This property is generally located on the south side of Manley Road, Fairhope, Alabama. PPIN #230553. Pinewood, Phase 2. A—12-10-18 P — 01-02-19 1630 Ordinance to amend Ordinance No. 1582 known as Old Battles Village PUD, Phases 2, 3, 4, 5, and 6. The property owned by Truland Homes, LLC generally located on the east side of Garrison Boulevard, Fairhope, Alabama. A— 12-10-18 P-01-02-19 1631 Ordinance of the City of Fairhope, Alabama, to Protect the Health, Safety and General Welfare of the People relating to Development along the Greeno Road Corridor and the filing of Rezoning, Site Plan Approval and Multiple Occupancy Project Applications within the Corporate Limits of the City of Fairhope. A — 12-20-18 P — 01-04-19 INDEX - PAGE 89 OF THIS BOOK A = ADOPTED P = PUBLISHED ORD. NO DESCRIPTION 1621 Annexation — The property of Deborah Jean Jiles a/k/a Debra Jiles, located at 19279 S. Ingleside Avenue, Fairhope, Alabama. Parcel No. 46-04-20-4-000-046.02. A — 07-23-18 P — 08-03-18 1622 Ordinance to amend Ordinance No. 1551; specifically, to Chapter 2, Article III, Boards and Committees, Section 2-184: Meetings of the Historic Preservation Committee, Fairhope Code of Ordinances. A — 07-23-18 P — 08-03-18 1623 Ordinance — Amend Zoning Ordinance No. 1253. Request to zone the property of Firethorne Development, LLC to Planned Unit Development (PUD) concurrent with annexation into the City of Fairhope. This property is generally located at the south end of Hemlock Drive, Fairhope, Alabama. Tax PPIN: #366931 and #366945. The Village of Firethorne PUD. A — 08-13-18 P — 08-29-18 1624 Ordinance to approve an Application from Coca Cola Bottling Company Consolidated for a Franchise Agreement to operate Beverage Vending Machines at the locations specified in Bid No. 001-018, Beverage Concession 2018; and it is to be in the best interest of the public and the City of Fairhope to grant this franchise. A — 08-13-18 P — 08-29-18 1625 Ordinance to repeal and replace Ordinance No. 1331 known as the Impact Fee Ordinance. A — 08-13-18 P — 08-29-18 1626 Ordinance to establish a Municipal Procurement Card Program for Certain Officers and Employees of the City of Fairhope. A — 08-27-18 P — 09-12-18 INDEX - PAGE 88 OF THIS BOOK A = ADOPTED P = PUBLISHED ORD. NO DESCRIPTION 1616 Ordinance — Amend Zoning Ordinance No. 1253. Request to amend Ordinance No. 1362 known as Lot 19, Fairfield, Phase VI PUD. The property owned by BCL&L Acquisitions, Anil K. Vira, Stephen B. and Korokay Christensen, and Gale Majors generally located at 655 Norman Lane, Fairhope, Alabama. Tax PPIN: 298888. A — 06-11-18 P — 06-27-18 1617 Ordinance to amend Ordinance No. 1510 known as the Personnel Rules, Policies and Procedures Ordinance regarding Section III. Hours of Work and Attendance: 3.02 Recording Time Worked and 3.04 Breaks and Meal Periods; more specifically Exempt salaried employees and not required to clock in; and all Non-exempt employees (that is, employees paid for all hours worked in excess of 40 hours in a work week) to have an automatic deduction for unpaid meal period. A — 06-11-18 P — 06-27-18 1618 Ordinance to amend Ordinance No. 1510 known as the Personnel Rules, Policies and Procedures Ordinance regarding Section VIII. Employee Responsibilities and Conduct: 8.11 Use of City Vehicles; more specifically the Police Department and authorization to "take home" City police vehicles who live outside the Police Jurisdiction: (1) within a 15-mile radius of the City of Fairhope police station located at 107 North Section Street; and (2) the 15-mile radius only applies within Baldwin County. A — 06-11-18 P — 06-27-18 1619 Ordinance — Amend Zoning Ordinance No. 1253. Request to zone the property of The Teachers' Retirement Systems of Alabama to Tourism Resort District concurrent with annexation into the City of Fairhope. This property is generally located on the west side of Battles Road just south of Crane Place, Fairhope, Alabama. A Portion of PPIN #72845. Camellia at the Colony. A — 07-09 -18 P — 07-25-18 1620 Ordinance to approve an Application from Catherine Reynolds for a Franchise Agreement to operate Aquatics Instruction, which includes life guard and swim instruction, at the Fairhope Municipal City Pool on 803 North Greeno Road. A — 07-09 -18 P — 07-25-18 INDEX - PAGE 87 OF THIS BOOK A = ADOPTED P = PUBLISHED ORD. NO DESCRIPTION 1610 Ordinance — Amend Zoning Ordinance No. 1253. Request to rezone the property of Robert and Debra Green from R-1 Low Density Single Family Residential District to B-2 General Business District. This property is generally located 415 N. Greeno Road, Fairhope, Alabama. Tax Parcels: 05-46-03-39-0-002-152.017, 05-46-03-39-0-002-152.018, Portion of 05-46-03-39-0-002-152.010, and Portion of 05-46-03-39-0-002-152.000. A — 01-08-18 P — 01-19-18 1611 Ordinance — Amend Zoning Ordinance No. 1253. Request to Amend Article V, Section B. Central Business District Overlay Proposed. A — 01-08-18 P — 01-19-18 1612 Ordinance — An Ordinance to Amend Ordinance No. 1510 and Ordinance No. 1573 known as the Personnel Rules, Policies, and Procedures; Section 11.01 Selection of Members for Personnel Board. A — 02-26-18 P — 03-14-18 1613 Ordinance — An Ordinance Repealing and Replacing Ordinance No. 590 to Protect the Public Health, Safety and Welfare by Providing Policy and Procedure for Park Beach Entrance Fee at Fairhope's Bay Front within the City of Fairhope. A — 04-23-18 P — 05-09-18 1614 Ordinance — Amend Zoning Ordinance No. 1253. Request to amend Ordinance No. 1142 known as the Greeno Professional Village Planned Unit Development (PUD) to allow the building orientation, parking area orientation, and 25'-0" tall light poles reflected in the Site Plan Approval request SR 17.03. This property of Community Bank, National Association, generally located at 200 N. Greeno Road, Fairhope, Alabama. Tax PPIN: 77195. A — 05-15-18 P — 05-25-18 1615 Ordinance — An Ordinance Repealing and Replacing Ordinance No. 590 to Protect the Public Health, Safety and Welfare by Providing Policy and Procedure for Park Beach Entrance Fee at Fairhope's Bay Front within the City of Fairhope. A — 05-15-18 P — 05-25-18 INDEX - PAGE 86 OF THIS BOOK A = ADOPTED P = PUBLISHED ORD. NO DESCRIPTION 1605 Ordinance — Amend Zoning Ordinance No. 1253. Request to zone the property of Todd Roberts to R-2 Medium Density Single Family Residential District concurrent with annexation. This property is generally located at 19870 County Road 13, known as Parcel B, Fairhope, Alabama. Tax PPIN: 235434. A — 11-27-17 P — 12-08-17 1606 Ordinance — Amend Zoning Ordinance No. 1253. Request to rezone the property of Sweetwater Investments, LLC from R-2 Medium Density Single Family Residential District to B-4 Business and Professional District. This property is generally located at 20040 State Highway 181, Fairhope, Alabama. Tax PPIN: 77292. A — 11 -27-17 P — 12-08-17 1607 Ordinance — Amend Zoning Ordinance No. 1253. Request to amend Article IX, Section C. Definitions a. Building Height: The vertical distance measured from the average natural elevation of the lot to the mean point of the roof of the building. A — 11 -27-17 P—12-08-17 1608 Ordinance — An Ordinance to amend Ordinance No. 1266 and Fairhope Code of Ordinances: Article VI Garbage and Trash Collection and Disposal, Section 21-75 (a). A — 12-11-17 P — 12-22-17 1609 Ordinance — An Ordinance to amend Ordinance No. 1233, Known as the Business License Code of the City of Fairhope: Schedule of Licenses and Fees (Chapter 8); specifically, Section 3 (c) Issue Fee; and Section 16 Penalties and Interest pursuant to § 11-51-90 and § 11- 51-93, Code of Alabama, 1975. A — 12-11-17 P — 12-22-17 INDEX - PAGE 85 OF THIS BOOK A = ADOPTED P = PUBLISHED ORD. NO DESCRIPTION 1599 Ordinance — An Ordinance to Amend Ordinance No. 1586, Cod of Ordinances to Alter the Schedule of Fees for Construction and Building Permits. A — 08-14-17 P — 08-30-17 P — (09-06-17) Newspaper Error 1600 Ordinance — An Ordinance to Amend Ordinance No. 1510 known as the Personnel Rules, Policies, and Procedures; Section 6.01 Health Insurance Benefits; specifically, all employees hired on or after October 1, 2017 may choose from two options. A — 09-11-17 P — 09-27-17 1601 Ordinance — Amend Zoning Ordinance No. 1253. Request to rezone the property of Kelley Lyons from R-A Residential/Agriculture to R-2 Medium Density Single Family Residential District. This property is generally located at 10143 Windmill Road, Fairhope, Alabama. Tax PPIN no. 14463. A—10-09-17 P—10-25-17 1602 Ordinance — Amend Zoning Ordinance No. 1253. Request to rezone the property of William H. Wright from R-1 Low Density Single Family Residential District to B-1 Local Shopping District. This property is generally located at 861 Edwards Avenue, Fairhope, Alabama. Tax PPIN no. 47397. A—10-09-17 P — 10-25-17 1603 Ordinance — An Ordinance to Amend Ordinance No. 1398 known as the Fairhope Erosion and Sediment Control Ordinance to amend and add to Article VII. Erosion and Sediment Control; specifically, Sections 7-154, 7-155. 7-156, 7-158, 7-159, and 7-164. A—10-09-17 P — 10-25-17 1604 Ordinance — Amend Zoning Ordinance No. 1253. Request to rezone the property of CDA, LLC and Carrigan Properties, LLC from R-1 Low Density Single Family Residential District and R- 4 High Density Multi -Family Residential District to PUD (Planned Unit Development). This property is located at 806 and 812 N. Greeno Road, Fairhope, Alabama. Tax Parcels: 05-46-03-39-0-001- 001.001 and 05-46-03-39-0-001-009.000. A—11-13-17 P— 11 -29-17 INDEX - PAGE 83 OF THIS BOOK A = ADOPTED P = PUBLISHED ORD. NO DESCRIPTION 1586 Ordinance — An Ordinance to Repeal and Replace Ordinance No. 674, Ordinance No. 961, Ordinance No. 1113, and Ordinance No. 1268, Code of Ordinances to alter the Schedule of Fees for Construction and Building Permits. A — 09-22-16 P—10-05-16 1587 Ordinance — An Ordinance Adopting the Rules of Procedure in all Instances for Meetings of the City Council. A — 11-07-16 P—11-23-16 1588 Ordinance — An Ordinance to Declare a Moratorium on the Filing of Subdivision and Multiple Occupancy Project Applications within the City Limits and the Five Mile Planning Jurisdiction. A — 12-22-16 P — 01-04-17 1589 Ordinance — Amend Zoning Ordinance No. 1253. Request to rezone the property of Cliff Pitman from RA Residential/Agriculture District to R-2 Medium Density Single Family Residential District. This property is generally located at 19940 County Road 13, Fairhope, Alabama. Parcel No. 05-46-05-22- 0-000-001.565. A — 02-23-17 P — 03-08-17 1590 Ordinance — Authorizing Mayor Karin Wilson to execute the necessary documents related to the Airport Improvement Refunding Bond, Series 2017: The Funding Agreement, An Option Agreement, etc. ($ Airport Improvement Refunding Bond Series 2017) A — 03-09-17 P — Does not have to be Published 1591 Ordinance — An Ordinance Amending Ordinance No. 1572; Fly Creek PUD Sunset Provision; Paragraph 3 (a). A — 04-10-17 P — 05-03-17 1592 Ordinance — Amend Zoning Ordinance No. 1253. Request to rezone the property of Ecumenical Ministries, Inc. from R-2 Medium Density Single Family Residential District to B-2 General Business District. This property is generally located at 566 Fairhope Avenue, Fairhope, Alabama. Parcel No. 05-46-03-37-0-008- 006.510. A — 05-08-17 P — 05-17-17 INDEX - PAGE 82 OF THIS BOOK A = ADOPTED P = PUBLISHED DESCRIPTION 582 Ordinance — An Ordinance to Amend Zoning Ordinance No. 1253. Request to amend the Planned Unit Development (PUD) known as Huntington Subdivision to be now known as Old Battles Village, Phase II Planned Unit Development (PUD), (Ordinance No. 1279); the property of Stone Creek, LLC. The property of Truland Homes, LLC is generally located on the north side of Old Battles Village, Phase I and west of Huntington Woods, Fairhope, Alabama. Parcel ID Nos. 05-46-09-29-0-000-053.000, 05-46-09-29-0-000-055.000, 05- 46-09-29-0-000-059.000, and 05-46-09-29-0-000-063.000. A — 08-22-16 P — 09-07-16 583 Ordinance — An Ordinance to Amend Zoning Ordinance No. 1253. Request to rezone the property of Cynthia R. McBrearty from B-3A Tourist Resort Lodging District to R-2 Medium Density Single Family Residential District. This property is generally located at 20 Fels Avenue, Fairhope, Alabama. Parcel No. 05-46-03-37-0-010- 013.502. A — 09-08-16 P — 09-21-16 584 Ordinance — An Ordinance to Amend Zoning Ordinance No. 1253. Request to zone the property of the Fairhope Airport Authority to M-1 Light Industrial District concurrent with annexation. This property is generally located on the west side of County Road 13 just south of County Road 32, Fairhope, Alabama. Parcel Nos. 05-56-02-04-1- 001-005.000 and 05-56-02-04-4-001-001.000. A — 09-08-16 P — 09-21-16 1585 Ordinance — An Ordinance to Amend Zoning Ordinance No. 1253. Request to rezone the property of the Fairhope Airport Authority from R-1 Low Density Single Family Residential District to M-1 Light Industrial District. This property is generally located on the west side of County Road 13 along County Road 32 and Bishop Road, Fairhope, Alabama. Parcel No. 05-46-08-33-0-000-009.001, 05-46- 08-33-0-000-020.000, 05-56-02-04-1-001-005.001, 05-56-02-04-4- 001-001.001, 05-56-02-04-4-001-003.001, 05-56-02-09-0-001- 003.001, 05-56-02-09-0-001-004.001, and 05-56-02-09-0-001- 010.001. A — 09-08-16 P — 09-21-16 INDEX - PAGE 81 OF THIS BOOK A = ADOPTED P = PUBLISHED NO DESCRIPTION 576 Ordinance — An Ordinance to Repeal and Replace Ordinance No. 1490 and Ordinance No. 1495 to protect the public health, safety and welfare by providing policy and procedure for Sidewalk and/or Street Usage within the City of Fairhope. A — 05-09-16 P — 05-20-16 577 Ordinance — An Ordinance amending Zoning Ordinance No. 1253. Request to rezone the property of Fred and Kris Hayek from R-1 Low Density Single Family Residential District to PUD (Planned Unit Development). This property is generally located at 848 N. Greeno Road, Fairhope, Alabama. Parcel No. 05-46-03-08-0-003-062.000. A — 05-27-16 P — 06-08-16 578 Ordinance — An Ordinance to Authorize the Issuance of the City's General Obligation Warrant in the Principal amount of $3,975,000.00. A — 06-09-16 P — Does not have to be Published 579 Ordinance — An Ordinance to Amend Zoning Ordinance No. 1253. Request to approve the Zoning Map for the Colony at the Grand Tourism District by increasing the Low Rise component; and decreasing the High Rise, Mid Rise, and Recreational Zone components. A — 06-27-16 P — 07-13-16 580 Ordinance — An Ordinance to Amend Zoning Ordinance No. 1253. Request to rezone the property of Billy and Shirley Lewis from R-3 PGH High Density Single Family Patio/Garden Home Residential District to PUD (Planned Unit Development). This property is generally located at 8404 Morphy Avenue, Fairhope, Alabama. Parcel No. 05-46-05-16-0-000-028.643. A — 08-22-16 P — 09-07-16 581 Ordinance — An Ordinance to Amend Zoning Ordinance No. 1253. Request to rezone the property of Liberty Church Eastern Shore Campus R-2 Medium Density Single Family Residential District to PUD (Planned Unit Development). This property is generally located between Fairhope Avenue and Morphy Avenue, just east of Beecher Street, Fairhope, Alabama. Parcel Nos. 05-46-05-16-0-000-028.506, 05-46-05-16-0-000-028.514, and 05-46-05-16-0-000-028.815. A — 08-22-16 P — 09-07-16 INDEX - PAGE 80 OF THIS BOOK A = ADOPTED P = PUBLISHED ORD. NO DESCRIPTION 1571 Ordinance — An Ordinance to declare that certain real property (the upstairs portion of the Fairhope Public Library on Fairhope Avenue which includes nursing lab, small class room, large classroom, small office and small storage room) of the City of Fairhope is not needed for public or municipal purposes in response to an offer to lease property by Faulkner State Community College beginning on April 1, 2016. A — 03-28-16 P — 04-06-16 1572 Ordinance — An Ordinance to Amend Zoning Ordinance No. 1253. Request to amend the property of Fred Corte and Angelo Corte known as the Fly Creek PUD; specifically approximately 39.46 acres of the total 214 acres (Ordinance No. 1317). This property is located on the southeast corner of the intersection of U. S. Highway 98 and Parker Road, north of The Woodlands at Fairhope subdivision and south of Sandy Ford subdivision. Fairhope, Alabama. Parcel Nos. 05-46-02- 04-0-000-001.000; 05-46-02-04-0-000-002.000; 05-46-03-08-0-000- 002.000; 05-46-03-08-0-000-002.001; 05-46-03-08-0-000-002.002; 05-46-03-08-0-000-002.003; 05-46-03-08-0-000-002.004; 05-46-03- 08-0-000-002.005; 05-46-03-08-0-000-002.006. A — 04-11-16 P — 04-27-16 1573 Ordinance — An Ordinance to Amend Ordinance No. 1510 known as the Personnel Rules, Policies and Procedures Ordinance; Section 4.04 Overtime and Section 11.01 Selection of Members for Personnel Board. A — 04-25-16 P — 05-06-16 1574 Annexation — The property of Clifford Street and Jean Street as Trustees of the Street Living Trust Dated July 27, 2005, located at 18543 Greeno Road, Fairhope, Alabama. 46-09-29-0-000-056.000 and 46-09-29-0-000-057.000. A — 04-25-16 P — 05-06-16 1575 Ordinance — An Ordinance to Repeal and Replace Ordinance No. 1438 and Ordinance No. 1488 to protect the public health, safety and welfare by providing policy and procedure for Park Usage within the City of Fairhope. A — 05-09-16 P — 05-20-16 INDEX - PAGE 79 OF THIS BOOK A = ADOPTED P = PUBLISHED ORD. NO DESCRIPTION 1564 Ordinance — An Ordinance to Approve an Application from Bryan Injaian d/b/a Accommodations Afloat, for a Franchise Agreement to operate Sailing Charters and Overnight Rentals at the Fairhope Municipal Pier Marina, Fairhope, Alabama. A — 01-25-16 P — 02-05-16 1565 An Ordinance to Repeal Ordinance No. 1364 and to Establish the use of Electronic Vote Counting Devices for use in all Municipal Elections.. A — 01-25-16 P — 02-05-16 1566 Ordinance — An Ordinance to declare that certain real property (Fly Creek Fish Market a/k/a the Municipal Fisherman Dock property) of the City of Fairhope is not needed for public or municipal purposes in response to an offer to lease property from February 1, 2016 through January 31, 2017 by Seventeen Turtles Outfitters, LLC. A — 01-25-16 P — 02-05-16 1567 Ordinance — An Ordinance to Repeal and Replace Ordinance No. 1538 known as the Fairhope Film Ordinance A — 01-25-16 P — 02-05-16 1568 Ordinance — An Ordinance to Amend Zoning Ordinance No. 1253. Request to approve the Zoning Map for the Colony at the Grand Tourism District which includes adding 1.9 acres as Low -Rise and changing 34.4 acres that was previously dedicated as Mid -Rise to Low -Rise Zone to the Land Use Map for the Colony at the Grand A — 02-11-16 P — 02-26-16 1569 Ordinance — An Ordinance to Amend Zoning Ordinance No. 1253. Request to zone the property of The Teachers Retirement Systems of Alabama to Tourism Resort District concurrent with annexation into the City of Fairhope. This property is generally located on the west side of Section Street just north of Battles Road, Fairhope Alabama. Parcel No. 05-46-09-30-0-000-078.001. Azalea at the Colony. A — 02-11-16 P — 02-26-16 1570 Ordinance — An Ordinance to Establish Monthly Salary for the Mayor and Councilmembers; Code of Ordinances Section 2-21. A — 02-22-16 P — 03- 02-16 INDEX - PAGE 78 OF THIS BOOK A = ADOPTED P = PUBLISHED ORD. NO DESCRIPTION 1559 Ordinance — Amending Zoning Ordinance No. 1253. Request to zone the property of Grand Properties, LLC to a Planned Unit Development (PUD) concurrent with annexation. This property is generally located on the northwest corner of the intersection of Twin Beech Road and Battles Road, Fairhope, Alabama. Parcel contains 8.89 acres more or less; 05-46-09-30-0- 000-062.000 and 05-46-09-30-0-000-062.001. Pointe Place, Phase II. A—12-14-15 P — 01-01-16 1560 Ordinance — An Ordinance to Approve an Application from David Pantovic, Point Clear Tennis Academy, for a Franchise Agreement to operate Tennis Lessons at Stimpson Field. A — 01-11-16 P — 01-22-16 1561 Ordinance — An Ordinance to declare that certain real property (Boatyard on Sea Cliff Drive presently known as Eastern Shore Marine, Inc., boatyard leased property) of the City of Fairhope is not needed for public or municipal purposes in response to an offer to lease property beginning on February 1, 2016 through January 31, 2017. All other terms and conditions are set forth in the lease agreement. A — 01-11-16 P — 01-22-16 1562 Ordinance — An Ordinance to Establish a School Zone for Bayshore Christian School and a reduced School Zone Speed Limit as 35 miles per hour between the hours of 7:30 a.m. — 8:30 a.m. and 2:30 p.m. — 3:30 p.m. on days when School is in session, on the portion of U.S. 98 which is adjacent to and within 500 feet of the property boundary of Bayshore Christian School. A — 01-11-16 P — 01-22-16 1563 Ordinance — Amending Zoning Ordinance No. 1253. Request to rezone the property of St. Lucia Properties, LLC from R- 2 Medium Density Single Family Residential District to B-3a Tourist Resort Lodging District. This property is generally located at 206 S. Mobile Street, Fairhope, Alabama. Parcel No. 05-46-03-37-0-010- 041.000. A — 01-25-16 P — 02-05-16 ORDINANCE NO. 1641 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 Fairhope Single Tax Corporation and JFL Holdings, LLC generally located at the southeast corner of the intersection of S. Church Street and De La Mare Street, at 51 S. Church Street, Fairhope, Alabama. PPIN #: 15272 Legal Description: (Case number ZC 18.14) LOT 8 AND WEST 3 FOOT OF NORTH 55.7 FOOT OF THE LOT 7 OF BLOCK 13 OF DIVISION 1 OF THE LANDS OF THE FAIRHOPE SINGLE TAX CORPORATION OF THE CITY OF FAIRHOPE, ALABAMA, AS PER PLAT THEREOF FILED FOR RECORD SEPTEMBER 13, 1911, IN MISCELLANEOUS BOOK 1, PAGES 320-321 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, AND SUBSEQUENT ACTIONS OF THE EXECUTIVE COUNCIL OF FAIRHOPE SINGLE TAX CORPORATION ADDING THE NORTH 30 FEET OF BLOCK 13 TO ORIGINAL 30 FOOT STREET RIGHT OF WAY, FRACTIONAL SECTION 18, 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 B-1 Local Shopping District to B-2 General Business 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 7TH DAY OF MARCHki4rj 2019 Karin Wilson, Mayor ATTEST: , " � " 41-11,1, & - isa k h)nks"MNfC City Cler DE LA MARE STREET (60' R.O.W.) FENCE EAST -NEST 135, (R) I'4, SaITN S 89'52'20" W 134.92' (0) 4 8' FJST , 4.Y LOT 8 _.. , r 510FW m z B.0 5.2' 4.9' 4.6' 7.0' NORM FENCE O.Y NORTH p O B4D641 COUNTY MAW LOT 8 AND TFE PEST 3 FEET OF THE NORTH W FEET OF LOT 7, BLOCK 13 OF DI)7SM 1 OF THE LAND OF FMMK SNCLE TAX CORPWTIQN N THE CITY OF FAIINFE, AL Qk AS RECORDED RF AQSCaLA% (ITS BOOK I, PACE 320-321. IN THE WIC£ OF DE JID(E OF PROB4IE, SUM COUNTY, "W AND THE SLBSEMW ACTIONS OF TW EXECUTIVE COIIACIt OF FANFDPE SNC1.E TAX CORPORM ADOMIC THE NORTH 30 FEET OF BLOCK 13 TO THE WIM AI. 30 FOOT STREET RAWTT OF WAY, FRACWN(L SECWN 18, TOB OW 6 SOUTH, RANGE 2 EAST, N.DWN COUNTY. AIABAYA I FEREBI''CERTIY Th4T ALL PARTS OF IRS SURVEY AND DRAWING PMVE BEEN COAORETED IN ACCQ'EMNCE WLTH THE CURRENT REOI RWNTS OF THE STANDARDS OF PRACTICE FOR ARUM Al THE STATE OF A AaW TO THE BEST OF YY KNOWLEDGE NFORAI IM AND "F. OCT ' 2018 l BY:..... .................. RESIDENCE N 89*54'52" E 134.88, (0) FAST -NEST 135' (R) LOT 10 BS I DDC I DDC NR R]YG 6/15/18 1'a20' R..c NAB ,9Vr¢ Ia0613L8 61/45 CONCRETE PAM rEHCE ,E• SOUTH ,.5 WEST (YOORE) _ CRF WEST 3' OF THE NORTH -I' CONCRETEZ LOT 7 DRNEMY i 8 EAST 60' OF THE RETE WALL f s WEST 63' OF 9.2 � LOT 7 u O y v GARAGE 4 o OTF E \LOW CONCRETE WALL NOW, 0.3' NORM COBY LAKE BOUNDARY SURVEY 51 SOUTH CHURCH STREET FAIRHOPE, ALABAMA EXHIBIT A 0 CRF DIPPED IRON NOD FOIRD CTF cw ED TOP PIPE rm O OTT WIN TOP ON PIPE FOND RBF REHAR IRON FOU1D NF NAE POW IVIN CAP (A 6W) O CRS CAPPED NDN ROD SET (R) REM (0) OBS w RXIM Wff OF WAY P.O.C. POW OF COINENCF" P.O.& POW OF 8EGuw CWN LAN FVa TINE FDff ww FENCE LP UGHT PME ® PP PONER POLE NOTES. I. TYPE OF S1.RVEY., SMNDYRY Z RECORD OM)ISIONS SM ON PLAT OF RWIIISDN RECOROEO N M& (SOON 1, PAGE 320-321 AS NECOW N HE OFW OF TPE AXE OF PW941E KM CORNY, X480K AND ALSO THE CONVEYANCE 10 81Y 67107E MT RME, LEC, RP M& PAGE 89M. AS =01M THE OI`W OF TTE AM OF PROBATE. SUMN OOCHIY, AIA&W 1 THIS DRANNG AND 0ESCR2 70 D06 NOT RERECT ANY TITLE OR DS" RESEARCH OTHER Im NNIT 6 NSKE OR PROVIDED 8Y THE QENFS CONVEYAIKE. SET a USES UL48UM BY STATUTE, MW AHCE OR RESTWW C OMTS ARE NOT SH W 4. IM ORAKW 6 OS PROPERTY OF SEMDL aARX d ASSOCIATES. IT 5 MY FOR THE USE OF THE 0" MUD HEREON AND 6 NMR919U A U TO ANY OTTER PARTY. !T WY AOT BE USED RITmm PRIOR CON6ENT FROM SNAN, CIAw & ASSOCt1TE5. S. THIS WANK 5 TO SDUE 00 PRNOFD ON IIXI7 PAPER N LANOSfAPE VEIN NTH NO SOILING. rNlr-H AR ,�.W. Project Name: 51 South Church Street Project Type: Rezoning: B-1 Local Shopping District to B-2 General Business District Jurisdiction: Fairhope Municipal Limits PPIN Number: 15272 General Location: South East Corner of South Church Street and Delemare Street Engineer: S.E. Civil Engineering Larry Smith P.E. Applicant: JFL Holdings, LLC. School District: NA Staff Recommendation: Approve PC Recommendation: Approve City Council February 25, 2019 Zoning Change Case: ZC 18.14 51 S. Church Street spend . z.n,�, D.•Qi CITY OF FAIRNOPE ZONING - ---- IoNnq R1 ',ow„rnfey SngN.F.mry quc q.i u.¢ym GM�h rope-ramM q � nqn C.n..y Sngk-F.mcy Sngl. F-11 qa +� • +n P.r Sngi. r.may �-a Le..Genaey u„Di.m.h R < Mpn G.nf.y C+wfnq arf.eema� RL u.c.r none D.n s 4 5.1 :Dca: SnaDP nq Getn¢ "'� 9-s' CenarN D..ner Gnm¢ 9-?. 'Dun.1 q rfen L Wgnq Cnc*¢ D x *o.n• grfon :emmrmrreencr Gm.o - a.a D-1 -u.l Lpnl,M-.1 Diva DUD DYnn.D Url ClwnDr.rn: cf� lDl :ant I d prxi 3 MRE STD 1 ZC 18.14 51 S. Church Street — February 25, 2019 Summary of Request: The applicant is requesting to rezone a lot 55'x 135' from B-1 Local Shopping District to B-2 General Business District. The applications stated purpose is to make the properties zoning more consistent with the surrounding zoning. The subject property is also located in the Central Business District and are subject to CBD regulations. According to the Fairhope Zoning Ordinance, the purpose of the B-1 is as follows B-1 Local Shopping District: This district is intended to provide for limitedretail convenience goods and personal service establishments in residential neighborhoods and to encourage the concentration of these uses in one (1) location for each residential neighborhood rather than in scattered sites occupied by individual shops throughout a neighborhood. Restaurants in the B-1 zoning district may be permitted only on appeal to the Board of Adjustments and may be subject to special conditions. Drive thru restaurants shall not be permitted in the B-1 zoning district. The purpose of the requested B-2 is: B-2 General Business District: This district is intended to provide opportunity for activities causing noise and heavy traffic, not considered compatible in the more restrictive business district. These uses also serve a regional as well as a local market and require location in proximity to major transportation routes. Recreational vehicle parks, very light production and processing activities are included. The applicant stated in a meeting with staff that intended development goal for the property was to allow the historic home to remain as is but to allow for a restaurant/Bar use in the structure. Therefore, the exterior and historical character would be unchanged with only interior renovations and a change in use. The current B-1 zoning only allows a restaurant through an appeal to the Zoning Board of Adjustments. A Bar (primary use) is not allowed in B-1 under any circumstances. A Restaurant with an accessory Bar is allowed in the B-2 district by -right. An "accessory bar" is considered part of a restaurant use'. A Bar (primary use) is defined as "a 'jusiness serving alcoholic beverages, which may include accessory food and entertainment services'." Zoning History of Nearby Properties: The image below is taken from the City of Fairhope online Map viewer. As indicated in the map above, the subject property is currently zoned B-1. It represents the northernmost property in a series of B-1 zonings along South Church Street. The properties North, East, and West are zoned B-2 and are also within the CBD boundaries. Or, the west, the B-2 district extends south to St. James Avenue. The logical boundary for B-2 would extend south to St. James Avenue which represents the subject parcel and 2 other parcels. Fairhope Zoning Ordinance, Article IX. B. Definitions. Page 90 Fairhope Zoning Ordinance, Article IX. B. Detinitions. Page 90 ZC 1&14 51 S. Church Street — February 25, 2019 Current Conditions: The historic use of the subject property has been in residential in the former name of Church Street Inn. The home on the subject property contains a Historic Plaque from the Baldwin County Historical Development Commission. In addition, the City conducted a historic survey for Downtown Fairhope. The home on the subject property was identified as a historic property (see below). The home on the property and was constructed circa 1923. The structure is listed as "contributing" which means any building, object, or structure which adds to the historical integrity or architectural qualities that make the historic district, listed locally or federally, significant. ZC 18.14 51 S. Church Street — February 25, 2019 DOWNTOWN FAIRHOPE HISTORIC DISTRICT HISTORIC SITES SURVEY UPDATE FORM Site Number: 12 Historic Name. Irwin -Sandoz -Jones House Common Name: Actual Address: 51 Church St. S. CitylTown: Fairhope County: Baldwin Quadrangle: Daphne Year Built: 1923 ca. Alteration Dates: Current Condition: good Integrity: good Date Evaluated: 11/22/2014 Evaluated By: David B. Schneider Inventory Description from Prior Survey or National Register Nomination Contributing/Noncontributing: Contributing 12. Irwin -Sandoz -Jones House (Church Street Inn), 51 South Church Street, c. 1923. One -and -a -halt -storey airplane bungalow, stuccoed; dominant side -gabled roof with nearly full- facade projecting open -gabled porch on brick piers and parapet wall, canvas awning across front Wood casement windows. Side -gabled cockpit fronted by smaller casements, exposed rafter tails. High brick end -exposed chimney, cast side. More recent double garage/utility building to rear facing Delamar. Originally the home of the J.S. Irwins, in the Sandoz family in the 1940s and '50s; at one time also the home of Carl Sloxham (see #50 below), and still in his stepdaughter Becky Jones' family and operated bj' them as an inn . Old garage recently (2003) converted to a residential apartment C (Roll 1. #23: garage Roll 3, #32; garage update Roll 8, ,t3A)) Updated Information, This Study Sort: Unchanged Contributing/Noncontributing: Contributing No change in description or evaluation. 46-03-37-0-006-043.503; 51 Church St. S SCHNEIDER Historic Preservation, LLC �11{a1M 1rMt Nia�.0 rnM)�It.+�I1N131M]A 4 ZC 18.14 51 S. Church Street — February 25, 2019 DOWNTOWN FAIRHOPE„� w I �— t L HISTORIC DISTRICT flJ 1 taN,l m IM N M-1 R.Xr.nr ! I M 1 b,L vK Ma, n m NO. 2015 Update District As listed in 2006 0 1 51 South Church - a -jib' -��-� } Street �' , 1 e.0 W NIP[ L i a7 F Comments: Fairhope Zoning Ordinance Article I/.C(e). Criteria - The application shall be reviewed based on the following criteria: (1) Compliance with the Comprehensive Plan; KEY.. l..rJlutKmllR — WnwxJlriMJlmR (Jlcnit111cnJrxtlry « RJv R11-1 I SCHNEIDER Historic Preservation, LLC J! 1 fa M fv«,l nw�wiJ Al ]ettli • rJw ItYI lrW IIO ram. 1H11}J�JeJJ •..w o.o«..r1w.ar.w Response: Historic Architecture and preservation was discussed in the Comprehensive Plan. It is clear that maintaining the historic resources within the City are important but also critically important in the identity and culture of downtown. In the 2006 Comprehensive Plan Update, Planning Goal 3.2 preservation and restoration of historic buildings "architecturally or historically significant buildings, districts, areas, and landmarks31'. The applicant has stated that he does not intend to remove or alter the historic appearance of the home but wishes to change the use through internal modifications. However, to date, the City has not created a historic district or guidelines protecting historic structures. (2) Compliance with the standards, goals, and intent of this ordinance, Response: The proposed B-2 district is consistent with surrounding uses and zoning. In addition, the property is located within the Central Business District (CBD) boundaries. According to the Zoning Ordinance, the intent of the CBD is "to preserve downtown Fairhope as the "Regional Village Center" and focal point for the City. The CBD overlay shall provide an environment for shopping, restaurant and a 2006 Fairhope Comprehensive Plan, Page 13 ZC 18.14 51 S. Church Street — February 25, 2019 entertainment, cultural and artistic institutions, offices, governmental functions, and residential uses". Therefore, the proposed use is consistent with the CBD intent of uses. (3) The character of the surrounding property, including any pending development activity; Response: The character of the surrounding area is primarily retail and restaurant use which are typical in the CBD. The properties zoned B-1 which adjoin the subject property to the south include 1 residential and several retail and office uses. (4) Adequacy of public infrastructure to support the proposed development, Response: Utilities currently serve the site and adequate for future uses. (5) Impacts on natural resources, including existing conditions and ongoing post -development conditions; Response: The site property contains an historic structure (1923) and has been a disturbed site. (6) Compliance with other laws and regulations of the City; Response: At the time of development all applicable laws of the City will be applied. (7) Compliance with other applicable laws and regulations of other jurisdictions, Response: At the time of development all applicable laws of the City will be applied. (8) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and, Response: As stated previously, the site contains existing structures. The majority of the existing properties are retail or restaurant uses. Additionally, the subject property is in the CBD is intended to contain restaurant and entertainment type uses. (9) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: See above Recommendation: Staff would note that the subject property contains a historic structure as discussed in this report. However, the City currently has no method or regulation for preservation of historic structures. These structures are important to the character and the cultural fabric of the City and specifically downtown. We do have concerns on the potential degradation of these resources. However, the absence of any meaningful regulations limits such factors in this review. Staff recommends that the requested rezoning from B-1 Local Shopping District to B-2 General Business District be Approved. Plannina Commission Recommendation: The Planning Commission of the City of Fairhope, at its December 3, 2018 regular meeting, unanimously recommended APPROVAL of the requested rezoning from B-1 Local Shopping District to B-2 General Business District. 6 ZC 18.14 51 S. Church Street — February 25, 2019