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HomeMy WebLinkAboutO-1823ORDINANCE NO. 1823 AN ORDINANCE OF THE CITY OFF AIRHOPE, ALABAMA TO PROTECT THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE PEOPLE, FOR THE TEMPORARY SUSPENSION OF CON SI DERATION OF CERTAIN RESIDENTIAL MULTIPLE OCCUPANCY PROJECT AND SUBDIVISION APPLICATIONS IN THE CITY OF FAIRHOPE AND FOR OTHER PURPOSES WHEREAS, the City of Fairhope has adopted the Fairhope Subdivision Regulations that regulate the subdivision of land and multiple occupancy projects within the City limits pursuant to A labama Code § 11-52-30 et seq .; and WHEREAS, there has been rapid and substantial growth in and around the City of Fairhope ; and WHEREAS , the City Council recognizes that the explosive growth has increased the burden on public utilities , roads , and other infrastructure; and WHEREAS , the City Council desires to address certain challenges created by the growth with a strategic and deliberate focus on orderly land development in the City limits ; and WHEREAS , the City is in the process of taking several steps to address the rapid and substantial growth over the next nine months, including but not limited to : exploration and completion of additional wells for water consumption ; construction and installation of millions of dollars of new water and wastewater infrastructure and facilities to increase service leve ls and capacity; completion of upgrades and extensions to existing water and wastewater infrastructure and facilities to increase service levels and capacity; completion and analysis of water and wastewater sewer capacity studies ; consideration of amendments to the existing Fairhope Subdivision Regulations, Comprehensive Plan, and Zoning Ordinance; and review of traffic and parking concerns ; and WHEREAS , the City Council believes the short-term suspension on consideration of certain residential dwelling multiple occupancy project and certain subdivision applications will allow the City staff, City Council, Planning Commission, and outside consultants to evaluate and focus on these specific steps to address the identified challenges ; and WHEREAS , the City Council has determined that the suspension on consideration of these residential dwelling multiple occupancy project and certain subdivision applications is appropriate to prevent conditions that may threaten the community 's health , safety , and general welfare ; and WHEREAS , this suspension of limited duration and limited scope would be in the public interest and promote orderly la nd development. Ordinance No . 1823 Page -2- BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section I: Purpose: A. The City Council hereby declares it to be the purpose and intent of this Ordinance to enact a nine (9) month suspension of consideration of all multiple occupancy project applications that contain three (3) or more residential dwelling units and subdivision applications that contain three (3) or more residential lots smaller than 10 ,500 square feet per lot in the City of Fairhope. Section II: Temporary Suspension Established: A. For the purposes of evaluating traffic and parking burd en , water and wastewater capacity , and other impacts and problems facin g the City that may be caused or which could be exacerbated by additional high density residential dwelling development, and to allow for the analysis and development of related updates to the City's comprehensive plan and applicable rules , regulations , and ordinances , and to identify , provide for , and address the City 's roadways, utility infrastructure , and other needs , the City Council hereby suspends consideration of all applications for multiple occupancy project ("MOP") approval under Article IV , § H of the Subdivision Regulations and subdivision applications under Article IV of three (3) or more residential lots smaller than 10 ,500 square feet per lot as set forth in Section Il.B herein. The duration of this Ordinance shall be nine (9) months from the effective date of this Ordinance. B. The Director of Planning and the Planning Commission may not accept or consider any new MOP application that contains three (3) or more residential dwelling units or any new subdivision application of three (3) or more residential lots smaller than 10 ,500 square feet per lot for the duration of this Ordinance. Concurrent with the effectiveness hereof, all timelines set forth in the Subdivision Regulations that relate to such applications , including consideration, review , recommendation , hearing, and decision shall be suspended. C. This Ordinance shall not affect any complete MOP or subdi vision application that has been submitted to the City Planning Department with the fee paid on or before the effective date of this Ordinance. Section III: Conflict and Severability A. This Ordinance shall be construed in a manner that does not conflict with any provision of local , state or federal law except as expressly provided herein and except to the extent its provisions are more restrictive. B. In the event that any section, subsection , sentence , clause or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections , sentences , clause s or phrases of this Ordinance , which shall remain in full force and effect, as if the section , subsection , sentence , clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. Ordinance No. 1823 Page -3- Section IV: Definitions A. "City" -means the City of Fairhope , an Alabama municipal corporation . B . "City Council" -means the elected members of the City Council of Fairhope, Alabama. C. "Planning Director" means the Planning Director for the City of Fairhope , Alabama. D . "Planning Commission" means the Planning and Zoning Commission of the City of Fairhope , Alabama . E. "Subdivision Regulations" means the City of Fairhope 's Subdivision Regulations , adopted March 8, 2007 , as amended on February 6, 2023. F. "Effective Date" means this ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 10TH DAY OF FEBRUARY , 2025. ATTEST: ififAik.L tfsaA.anics, MMC City C erk ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 10TH DAY OF FEBRUARY, 2025.