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Home My WebLink AboutO-1079ORDINANCE NO. 1079 AN ORDINANCE TO PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE CITY OF FAIRHOPE, ALABAMA, BY PROVIDING FOR THE ANNEXATION OF CERTAIN PROPERTIES, ON OWNERS' PETITION CONDITIONED ON PLANNED UNIT DEVELOPMENT AND ZONING SAID PROPERTIES AS A PLANNED UNIT DEVELOPMENT CONCURRENT WITH ANNEXATION AND IN CONFORMITY WITH PETITION: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. The City Council, having received conditional petitions from owners of the within described lands, having received the final report of the Fairhope Planning Commission in the zoning matter, having properly advertised and properly held a public hearing as required by law, hereby ordains that the property described below be, and the same hereby is, annexed to and made a part of the corporate limits of the City of Fairhope, Alabama and, further, that the property be and hereby is assigned the zoning classification for Planned Unit Development and, as such, may be used in conformity with the Fairhope Zoning Ordinance as provided therein. Section 2. The described property being contiguous to the corporate limits of Fairhope, Alabama, and not lying within the corporate limits or the police jurisdiction of any other municipality, this Ordinance is adopted pursuant to and under authority of Section 11-42-21, Code of Alabama, 1975, as amended. Section 3. The described property shall be developed in substantial conformity with the attached sit plan attached as "Exhibit A". Any substantial deviation from the attached site plan, as determined by the Director of Planning and Building will require re -approval by the Planning Commission and the City Council of the City of Fairhope, Alabama. Section 4. Attached as "Exhibit A" is an approved site plan that indicates setbacks fro lots, landscaping requirements for lots and other development regulations. Section 5. Attached as "Exhibit B" is a list of uses that will be permitted in the Planned Unit Development. Section 6. The maximum building heights measured from grade level to roof line shall not exceed 35 feet or two stories for all property within the district. Section 7. The side yard setbacks shall be 15 feet on the driveway side (if the drive accesses the rear yard) with a minimum 3 foot green area at the property line. All other yard setbacks are indicated in "Exhibit B". Section 8. That all other structures or improvements to property within the district shall meet other City requirements unless otherwise specified in this Ordinance. Section 9. A certified copy of this Ordinance, together with a copy of the owners' petitions and the exhibit, shall be recorded in the Office of the Probate Judge of Baldwin County, Alabama. The property (case Number Zc 95-24) of Lee Pittman is located East of Greeno Road, South of Fairhope High School on the South Side of Manly Road. PROPERTY LEGAL DESCRIPTION: PARCEL ONE (40 ACRES) Owners Lee D. M. Pittman, III & Catherine P. Pittman BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, T6S, R2E, BALDWIN COUNTY, ALABAMA; RUN THENCE N-89043'05"-E, 1317.85 FEET TO A POINT; THENCE RUN S- 0°03'42"-E, 1314.43 FEET TO A FENCE CORNER POST; THENCE RUN S-89°03'21"-W, 1313.86 FEET TO AN IRON PIN; THENCE RUN N-0°14'25"-W, 1329.61 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 39.9 ACRES, MORE OR LESS, AND IS SUBJECT TO A COUNTY ROAD RIGHT-OF-WAY OVER AND ACROSS THE NORTHERN END THEREOF IN USE AS PART OF MANLEY ROAD. FURTHER DESCRIBED IN REAL PROPERTY BOOK 663, PAGE 351, PROBATE RECORDS OF BALDWIN COUNTY, ALABAMA. I CITY OF FAIRHOPE P. O. DWR 429 FAIRHOPE, AID 3653E ac Page -2- Trip Pittman PARCEL TWO (12.45 ACRES) Owners Lee D.M. Pittman, III & Lindsey K. Pittman BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, T6S, R2E, BALDWIN COUNTY, ALABAMA, RUN S-0011 "-E, 973.27 FEET TO AN IRON PIPE; THENCE RUN N-89030'-W, 655 FEET TO AN IRON PIPE; THENCE RUN N-1 °21'-W, 578.8 FEET TO AN IRON PIPE; THENCE RUN N-88°04'-E, 263.7 FEET TO AN IRON PIPE; THENCE RUN N-1 °49'-W, 384.1 FEET TO A POINT WHICH IS THE CENTER OF A 30-FOOT DIRT ROAD; THENCE RUN N-89°31'-E 415.6 FEET TO THE POINT OF BEGINNING, CONTAINING 12.45 ACRES, MORE OR LESS, LYING IN SECTION 28, T6S, R2E, BALDWIN COUNTY, ALABAMA; FURTHER DESCRIBED IN REAL PROPERTY BOOK 502, PAGE 652, PROBATE RECORDS OF BALDWIN COUNTY, ALABAMA AND SUBJECT TO A 15-FOOT RIGHT-OF-WAY EASEMENT ALONG THE NORTH SIDE THEREOF. PARCEL THREE (2 ACRES) Owner Catherine P. Pittman FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, T6S, R2E, BALDWIN COUNTY, ALABAMA, RUN THENCE N-89020'-E, 40 FEET TO AN IRON PIPE ON THE EAST MARGIN OF GREENO BOULEVARD; THENCE RUN NORTH ALONG THE EAST MARGIN OF SAID GREENO BOULEVARD, 590 FEET TO AN IRON PIPE AT THE SOUTHWEST CORNER OF LOT E FOR A POINT OF BEGINNING; THENCE CONTINUE NORTH ALONG SAID MARGIN OF SAID GREENO BOULEVARD, 150 FEET TO AN IRON PIPE; RUN THENCE N- 89°20'-E, 628 FEET TO AN IRON PIPE ON A PASTURE -PECAN ORCHARD FENCE LINE; RUN THENCE S-01 021'-E, 150 FEET TO THE NORTHEAST CORNER OF LOT D; RUN THENCE S-89020'-W ALONG THE NORTH LINE OF SAID LOT D, 631.63 FEET TO THE POINT OF BEGINNING, MORE OR LESS, AND LYING IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 28 AND CONTAINS 2 ACRES, MORE OR LESS, AS FURTHER DESCRIBED IN REAL PROPERTY BOOK 530, PAGES 541-544, PROBATE RECORDS OF BALDWIN COUNTY, ALABAMA. SECTION 10. THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS DUE ADOPTION AND PUBLICATION AS REQUIRED BY LAW. ADOPTED THIS THE 28`h DAY OF February , 2000. W// - -// /9' / Jam s P. Nix, Mayor Attest 'Geniece W. Johnson, Ciff-Clerk `b . CITY OF FAIRHOPE fit 0, ®WR 429 FAIRHOPE, AL 36533 CONDITIONAL PETITION FOR ANNEXATION We, the undersigned Petitioner/s, owner/s of the lands in fee simple described in the attached Exhibit A, such property being without the corporate limits of the City of Fairhope, Alabama, but being contiguous to the said corporate limits, and such property not lying within the corporate limits or police jurisdiction of any other municipality, do, by these presents, petition the City of Fairhope, a municipal corporation, that said property to be annexed into the City of Fairhope, Alabama. The subject land is delineated on the map attached hereto as Exhibit B. This Petition is filed under authority of Section 11-41-21, Code of Alabama, 1975, as amended. The condition of the Petition is that zoning be established as Planned Unit Development concurrent with annexation. In Witness Whereof, the Petitioner/s have caused these presents to be executed this day of �' vv Lee D.M. Pittman, III PRINT PETITIONERS NAME /.799 . c� ��1�rc�n1J f Catherine P. Pittman PRINT PETITIONERS NAME COPY OF TAX RECEIPT MUST BE ATTACHED. TAX PARCEL NUMBER: 05-46-08-28-0-000-001.007 MAILING ADDRESS: P.O. Box 26 Montrose, Al. 36559-0026 PHONE: ( 334 ) 928-0450 RESIDENTIAL ADDRESS: 18430 Greeno Road, Fairhope, Al. 36532 SIZE OF PROPERTY: 40 Acres (subject to Right of Way) OCCUPIED, GIVE HOUSING UNITS # PERSONS EACH UNIT RACE: UNOCCUPIED, GIVE PROPOSED USE; SHOW NUMBER OF LOTS, HOUSES, COST, ETC.: Proposed 54 Patio Garden Home Lots (521X 1201) and 82 Traditional Lots (901x 1301) *SEE ATTACHED DRAWING FOR RELATION OF SUBJECT PROPERTY TO PROPOSED DEVELOPMENT (COPY OF LEGAL DESCRIPTION OF PROPERTY MUST BE SUBMITTED WITH PETITION, DESCRIPTION ON TAX RECEIPT, USUALLY NOT SUFFICIENT). STATE OF ALABAMA) BALDWIN COUNTY) I, a Notary Public in and for said State and County, hereby certify that the above Petitioner/s whose name/s are signed to the foregoing petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledged that he/she/they have voluntarily executed this Petition on the day the same bears date. y�t-Ui my hand and seal this day of NOT IRY iI C MY-7COMMAS;3N.EXPIRES: o '►it`s`-� CIT( OF FA SHOP P, 0, DWR 429 f4gkHOPE, AL 36533 w d C' a w c CONDITIONAL PETITION FOR ANNEXATION We, the undersigned Petitioner/s, owner/s of the lands in fee simple described in the attached Exhibit A, such property being without the corporate limits of the City of Fairhope, Alabama, but being contiguous to the said corporate limits, and such property not lying within the corporate limits or police jurisdiction of any other municipality, do, by these presents, petition the City of Fairhope, a municipal corporation, that said property to be annexed into the City of Fairhope, Alabama. The subject land is delineated on the map attached hereto as Exhibit B. This Petition is filed under authority of Section 11-41-21, Code of Alabama, 1975, as amended. The condition of the Petition is that zoning be established as Planned Unit Development concurrent with annexation. In Witness Whereof, the Pe//t��itioner/s have caused these presents to be executed this day of /t/¢C 149g Lee D.M. Pittman, III Lindsey K. ittman PRINT PETITIONERS NAME PRINT PETITIONERS NAME COPY OF TAX RECEIPT MUST BE ATTACHED. TAX PARCEL NUMBER: 05-46-08-28-0-000-015.000 MAILING ADDRESS: P.O. Box 26 Montrose, Al. 36559-0026 PHONE: ( 334 ) 928-0450 RESIDENTIAL ADDRESS: 18430 Greeno Road, Fairhope, Al. 36532 SIZE OF PROPERTY: 12 Acres (subject to Right of Way) OCCUPIED, GIVE HOUSING UNITS # PERSONS EACH UNIT RACE: UNOCCUPIED, GIVE PROPOSED USE; SHOW NUMBER OF LOTS, HOUSES, COST, ETC.: Proposed 54 Patio Garden Home Lots (521X 1201) and 82 Traditional Lots (90'x 1301) *SEE ATTACHED DRAWING FOR RELATION OF SUBJECT PROPERTY TO PROPOSED DEVELOPMENT (COPY OF LEGAL DESCRIPTION OF PROPERTY MUST BE SUBMITTED WITH PETITION, DESCRIPTION ON TAX RECEIPT, USUALLY NOT SUFFICIENT). STATE OF ALABAMA) BALDWIN COUNTY) I, a Notary Public in and for said State and County, hereby certify that the above Petitioner/s whose name/s are signed to the foregoing petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledged that he/she/they have voluntarily executed this Petition on the day the same bears date. Gi hand and seal this 1W day of.�'de-' . / ),r�ARYzFTJBLE5- . .�nw—m'—ySSI I Ex ES: l""ql kT-Y"rO-'F F HOPE R1 0, OWR 429 FAIRHOPE, AL 36533 .a w �R CONDITIONAL PETITION FOR ANNEXATION We, the undersigned Petitioner/s, owner/s of the lands in fee simple described in the attached Exhibit A, such property being without the corporate limits of the City of Fairhope, Alabama, but being contiguous to the said corporate limits, and such property not lying within the corporate limits or police jurisdiction of any other municipality, do, by these presents, petition the City of Fairhope, a municipal corporation, that said property to be annexed into the City of Fairhope, Alabama. The subject land is delineated on the map attached hereto as Exhibit B. This Petition is filed under authority of Section 11-41-21, Code of Alabama, 1975, as amended. The condition of the Petition is that zoning be established as Planned Unit Development concurrent with annexation. In Witness Whereof, the Petitioner/s have caused these presents to be executed this 2g day of AGGc� , 11lq. t Catherine P. Pittman PRINT PETITIONERS NAME PRINT PETITIONERS NAME COPY OF TAX RECEIPT MUST BE ATTACHED. TAX PARCEL NUMBER: 05-46-08-28-0-000-017.000 MAILING ADDRESS: P.O. Box 26 Montrose, Al. 36559-0026 PHONE: ( 334 ) 928-0450 RESIDENTIAL ADDRESS: 18430 Greeno Road, Fairhope, Al. 36532 SIZE OF PROPERTY: 2 Acres (subject to Right of Way) OCCUPIED, GIVE HOUSING UNITS # PERSONS EACH UNIT RACE: UNOCCUPIED, GIVE PROPOSED USE; SHOW NUMBER OF LOTS, HOUSES, COST, ETC.: Proposed 54 Patio Garden Home Lots (52'X 1201) and 82 Traditional Lots (901x 1301) *SEE ATTACHED DRAWING FOR RELATION OF SUBJECT PROPERTY TO PROPOSED DEVELOPMENT (COPY OF LEGAL DESCRIPTION OF PROPERTY MUST BE SUBMITTED WITH PETITION, DESCRIPTION ON TAX RECEIPT, USUALLY NOT SUFFICIENT). STATE OF ALABAMA) BALDWIN COUNTY) I, a Notary Public in and for said State and County, hereby certify that the above Petitioner/s whose name/s are signed to the foregoing petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledged that he/she/they have voluntarily executed this Petition on the day the same bears date. iv'u$`h„ hand and seal this c day of j ' l �,I,f+.. Q, i .rri { MIIONEX IRES • �pF FA R CITY HOPE P, 0. DW R 429 FAIRHOPE, AL 36533 9 109 AM 9LWG IU81MJISUI ry 0 z w ry CO RD 44 FAIRHOPE HIGH SCHOOL CORPORATE MAN LEY GALE R0 �LL cr Cu LANE LLO p = �OQ 0 FAIRHOPE FOUNDERS ?ECREATION PARK LIMITS 44 ROAD XX ��xK PROPOSED ' u x ,c�xxX ANNEXATION qA>lxl<xxxl<x hx�vC�C v v vvv