MINUTES OF SPECIAL COUNCIL MEETING
CITY OF GULF SHORES, ALABAMA
DECEMBER 8, 2005
The City Council of the City of Gulf Shores, Alabama, met in special session on Thursday, December 8, 2005. Mayor Duke called the meeting to order at 8:00 a.m.
Upon roll call, the following officials answered "present:" Councilman Doughty, Councilman Harris, Councilman Craft, Councilman Jones, and Mayor Duke. Councilman Garris was absent. The Mayor declared a quorum present.
The Mayor stated that due notice of the time, place and purpose of this meeting had been given to all members of the City Council and that each member had signed the acceptance of service of said notice, waiving all irregularities, if any, in said notice. The notice and acceptance of service and waiver signed by each member was ordered inserted in the minutes of this meeting at the end thereof.
Mayor Duke advised that the purpose of the meeting was to consider a Resolution imposing a 120-day moratorium on extended stay and multi-family projects in the BG (general business) and CD (commercial) Zoning Districts.
Councilman Craft reported on the public work session and stakeholder meetings that had been held this week in this regard and that the moratorium is needed to allow the City to adopt the appropriate zoning regulations for these Districts.
Councilman Doughty stated that the new zoning regulations could possibly be adopted at the Council Meeting of February 27, but no later than the Council Meeting of March 27.
Councilman Harris stated that he felt it was in the interest of the vast majority of the City to put a moratorium in place.
Councilman Jones expressed appreciation for the work done during the past few days however would not support a moratorium.
The Mayor also expressed appreciation for the work done and was in complete agreement that a moratorium should be in effect, however he would not support a moratorium at this time. The Mayor stated that he felt sufficient notice should be given prior to the enacting of a moratorium, and he felt that the action today was specifically targeting a project that everyone was aware was going to be submitting plans this week.
Councilman Harris, Craft, and Doughty all stated that they were supporting the moratorium for the good of the community as a whole. They denied any knowledge of a forthcoming project. All felt that a notice of a moratorium prior to the actual implementation of such would lead to incomplete plans being submitted.
Whereupon, Councilman Craft moved for the adoption of the following Resolution:
RESOLUTION NO. 3980-05
A RESOLUTION
RELATIVE TO BUILDING
AND ZONING ISSUES
IN THE BG AND CD ZONING DISTRICTS
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Whereas, in the aftermath of extensive damage to the community by Hurricane Ivan and the implementation of the Envision Gulf Shores amendments in certain Zoning Districts of the City, the City Council of the City of Gulf Shores concluded that a reexamination of the provisions of the Zoning Ordinance of the City of Gulf Shores applicable to the BG and CD Zoning Districts of the City is required and appropriate in the public interest, particularly insofar as multi-family residential and lodging uses are permitted in such Districts; and
Whereas, the City Council has determined to obtain the input of the public generally and the specific professional planning analysis of Jordan, Jones & Goulding with respect to the issues of permitted uses, use densities, building size, the design of public areas and infrastructure, including vehicular and pedestrian access features, and other issues bearing on the public health, safety, and welfare in such Zoning Districts; and
Whereas, to allow sufficient time for the receipt and consideration of public input and professional planning analysis and to maintain the status quo of developments and constructions in the interim in order to promote an orderly transition to such new regulations and requirements as might be adopted, the City Council has determined that suspension of consideration of site plan applications for new multi-family residential and lodging developments and the issuance of building permits for the construction of new multi-family residential and lodging structures in the BG and CD Districts for a period of 120 days is required in the public interest; and
Whereas, the City Council has under consideration an amendment to the Zoning Ordinance which will effect material changes in the types and size of multi-family residential and lodging developments permitted in such zoning districts of the City; and
Whereas, the City Council has been advised that certain landowners who will be affected by the amendments under consideration have advanced in the prosecution of development applications for multi-family residential and lodging projects to the point of having already received Planning Commission recommendation for approval of proposed site plans under Section 15-3 of the Zoning Ordinance; and
Whereas, the City Council desires to afford such landowners a reasonable opportunity to seek consideration of final site plan approval by the City Council for such projects under the Zoning Ordinance as presently enacted;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN SPECIAL SESSION ON DECEMBER 8, 2005, as follows:
Section 1. That the City Council hereby suspends consideration of all site plan applications for new multi-family residential or lodging developments and the issuance of building permits for the construction of new multi-family residential or lodging structures in all areas lying within the BG or CD Zoning Districts of the City, including, without limitation, multi-family dwelling, condotel, hotel, motel, and extended stay facility uses, but expressly excluding, however, any multi-family dwelling project whose area and dimensional design does not in any respect exceed the limitations that would be applicable to such multi-family dwelling project as provided in Table 7.1A of the Zoning Ordinance if such dwelling project were to be approved for construction in an RMH Zoning District.
Section 2. That the suspension hereby imposed will expire on the earlier to occur of (a) the effective date of the Ordinance amending the Zoning Ordinance with respect to the provisions applicable to the current BG and CD Zoning Districts now under consideration or (b) the 120th day following the date of adoption of this Resolution.
Section 3. That the suspension hereby imposed will not apply to Council review of a site plan application for any new multi-family residential or lodging development in the BG or CD Zoning Districts that has completed Planning Commission review with a Commission recommendation of approval under Section 15-3.F. of the Zoning Ordinance prior to the date of this Resolution, or to the subsequent issuance of building permits for such developments, provided that such Council review occurs and results in final site plan approval not later than 180 days after the date of this Resolution.
Section 4. That this Resolution shall become effective upon its adoption.
The motion for the adoption of Resolution No. 3980-05 was seconded by Councilman Harris; was regularly put; and upon the question, the vote thereon was as follows: Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "nay," and Mayor Duke, "nay." Councilman Garris was absent. Whereupon, the Mayor declared Resolution No. 3980-05 duly and legally adopted.
There being no further business to come before the Council at this time, Councilman Doughty moved to adjourn; seconded by Councilman Craft; and the vote of those officials present was unanimously in favor of the motion.
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George W. Duke, III, Mayor
(SEAL)
ATTEST:
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Renee F. Moore, MMC, City Clerk