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HomeMy WebLinkAboutO-1082V l ORDINANCE NO. 1082 +r• `~ r� CnLn to 3C ti m [i �a a• c .sr o� 6i rn x CT M rp w 0 O Sp rn rpm O SVCa �1 ri g Mt Q ..fir .prp gN Z'~ ti a, 4- O7 ra to 7 > C (n A •a+ (p�� Ly�•� �2 N yCl ggQ AN ORDINANCE AMENDING ORDINANCE NO. 557 AS THE ZONING ORDINANCE TO ESTABLISH A PLANNED UNIT DEVELOPMENT TO BE KNOWN AS SANDY FORD, 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 of a Planned Unit Development to be known as Sandy Ford, and 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. 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. PROPERTY DESCRIPTION: Mrs. Madeline Berglin property is located South of Rock Creek Phase V & Vl, and East of Existing Rock Creek. (Case Number ZC 00-05) The following described property shall be zoned as a PUD; A parcel in the Southwest quarter of Section 33, Township 5 South, Range 2 East, Baldwin County, Alabama. From the Southwest corner of said Section 33, also being the Southeast corner of lot 256, Rock Creek, Phase ll, as recorded on Slide 1480-13, Judge of Probate's office, run North 01 44'33" East, along the East line of said subdivision, 2,638.39 feet to a 2 inch open top pine being the Northwest corner of the Southwest quarter of said Section 33; thence run South 89 45'24" East, 1,323.67 feet; thence run South 01 38'40" West, 2,640.29 feet; thence run North 89 40'13" West, 1,328.14 feet the point of beginning. Said parcel of land contains 80.31 acres, more or less. SUBSECTIONS: A. The described property shall develop in substantial conformity with the attached site 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. B. Attached as "Exhibit A" is an approved site plan and that "Exhibit B" indicates the setbacks for all lots in the development. C. Attached as "Exhibit C" is a list of uses that will be permitted in the Planned Unit Development. CITY OF FAIRHOPE p. O. DWR 429 FAIRHOPEI AID 36533 Page -2- Ordinance No. 1082 Madeline Berglin D Maximum building heights measured from grade level to roof line shall not exceed 30 feet or two stories for all property within the district. E. 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". F. All other structures or improvements to property within the district shall meet other City requirements unless otherwise specified in this Ordinance. Section 4. Severability Clause - If any part, section of subdivision of this ordinance shall be held unconstitutional or in valid 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. Section 5. Effective Date - This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS THE 20 DAY OF April , 2000. l CITY OF FAI RHOPE P. 0. DWR 429 FAIRHOPS, A6 88588 I. F ORDINANCE NO: 1082 4/24/00 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 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 11-42-21, Code of Alabama, 1975, as amended. The Condition of the Petition is that zoning be established as a Planned Unit Development concurrent with annexation. In Witness Whereof, the Petitioner/s have caused these presents to be executed this day of 2le �.- • . �/� Print Petitioners Name Print Petitioners Name COPY OF TAX RECEIPT MUST BE ATTACHED. TAX PARCEL NO. 43-08-33-0-000-002.000 Mail Address PO BOX 926 Fairhope, AL 36533 Phone ( 334) 928-7427 Residential Address 18129 Scenic Highway 98, Fairhope Size of Property 80.31 Occupied, give housing units , # persons each unit Race Unoccupied,give proposed use; show number of lots, houses, cost, etc: 129 residential lots of 15000 sq. ft. and greater (COPY OF LEGAL DESCRIPTION OF PROPERTY MUST BE SUBMITTED WITH PETITION. DESCRIPTION ON TAX RECEIPT USUALLY NOT SUFFICIENT.) STATE OF ALABAMA, COUNTY OF BALDWIN I, a Notary Public in and for said State and County, hereby certify that the above Pititioner/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 Petiti on the day the same bears date. Given under my hand and seal this Zr day o OOd. otary Public seal My commission exp" res_,% s NONTAR¢•• ' Send `b: CITY OF FAIRHOPE P. 0. DWR 429 , FAIRHOPE, AL 36533 3. o0 DR. Fee $1.00 Deed Tax --- Mortgage Mineral Tax Recording Fee_i , Index Fee 00 /&' C-�y q Otf& AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: ❑ The Baldwin Times, Bay Minette, AL ❑ The Bulletin, Daphne, AL ❑ The Fairhope Courier, Fairhope, AL ❑ The Independent, Robertsdale, AL 0 The Onlooker, Foley, AL ❑ The Islander, Gulf Shores, AL ❑ The Ledger, Elberta-Lillian, AL a weekly newspaper published in Baldwin County, Alabama Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate �-f - 1 33�1(n TOTAL: $ I 1I 1 '124—�t✓� Legal Ad Representative Linda Robinson BILL TO: ATTN P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid .......... Account No. �p C Gulf C Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama,tti,cc,f,, County of Baldwin "' 1 ` � 2, 2002 Sworn to and subscribed before me this �- day of Notary Public, Baldwin County, Alabama NOTICE OF PUBLIC HEARING Notice Is hereby given that the Falrhops City Council will hold a Public Hearing on the following proposed ordinance amending Zoning Ordinance No. 557; on Monday, April 24,-2000-at 5:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, AL 36532. All persons who desire shall have an opportunity to be heard in favor of, or in opposition to, this proposed ordinance and are cordially Invited to be present. Geniece W.Johnson, City Clerk ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 557 AS THE ZONING ORDINANCE TO ESTABLISH A PLANNED UNIT DEVELOPMENT TO BE KNOWN AS SANDY -FORD, 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 Feirhops 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 make a part of the corporate limits of the City of Fslrhope, Alabama, and, further, that the property be and hereby Is assigned the zoning classification of a Planned Unit Development to be known as Sandy Ford, and may be used In conformity with the Falrhope Zoning Ordinance as provided therein. Section 2. The described property being contiguous to the corporate limits of Falrhope, 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. 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. Property Description: Mrs. Madeline •Berglin property Is located South of Rock Creek Phase V 3 VI, and East of Existing Rock Creek (case Number ZC 00- 05). The following described property shall be zoned as a PUD; A parcel in the Southwest quarter of Section 33, Township 5 South, Range 2 Fast, Baldwin County, Alabama. From the Southwest comer of said Section 33, also being the Southeast comer of lot 256, Rock Creek, Phase 11, as recorded on Slide 140B, Judge of Probate's office, run North 01' 44' 33" East, along the East line of said subdivision, 2,638.39 feet to a 2 Inch open top pin being the Northwest comer of the Southwest quarter of said Section 33; thence run South 89' 45' 24" East, 1,323.67 feet; thence run South 01° 38' 40" West, 2,640.29 feet; thence run North 89' 40' 13" West, 1,328.14 feet to the point of beginning. Said parcel of land contains 80.31 acres, more or less. Subsections: A. The desired property shall develop in substantial conformity with the attached site 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 Falrhope, Alabama B. Attached as "Exhibit A" is an approved site plan and that "Exhibit B" Indicates the setbacks for all lots In the development. C. Attached as "Exhibit C" is a list of uses that will be permitted In the Planned Unit Development. D. Maximum building heights measured from grade level to roof line shall not exceed 30 feet or two stories for all property within the district. E. 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". F. All other structures .or Improvements to property within the district shall meet other City requirements unless otherwise specified in this Ordinance. Section 4. 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. Section S. Effective Date _ This ordinance shall take effect Immediately upon its due adoption and publication as required by law. End of Proposed Ordinance C-4-1 AFFIDAVIT. This is to certify that the attached legal notice/advertisement appeared in: 0 The Baldwin Times, Bay Minette, AL O The Bulletin, Daphne, AL O The Fairhope Courier, Fairhope, AL 0 The Independent, Robertsdale, AL 0 The Onlooker, Foley, AL 0 The Islander, Gulf Shores, AL ❑ The Ledger, Elberta-Lillian, AL j�a weekly newspaper published in Baldwin County, Alabama 4 Weekend Edition. (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate t✓t - �2) , ) rf,, x ) V, TOTAL: $ Legal Ad Representative Linda Robinson BILL TO:l, (.t ATTN P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid.:............. Account No. (/,' occl (11 Gulf C Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin 1VtY Cod,^�a::�.;., 70Q? Sworn to and subscribed before me this /� L day of e'--- 20 t%r ♦ _ Nota(y Public, Baldwin County, Alabama Second Notice of Public Hearing Notice is hereby given the second time that the Fairhope City Council will hold a public hearing on a proposed ordinance amending Zoning Ordinance No. 557; on Monday, April 24, 2066 at 5.30 p.m., Falrhope Municipal Complex Council Chamber, 161 North Section Street, Falrhope, AL 36532. All persons who desire shall have an opportunity to be heard in favor of, or in opposition to, this proposed ordinance and are cordially invited to be present. Synopsis of proposed ordinance to be considered; Ordinance printed in full in April 1, 2000 issue of the Fairhope Courier; To establish a Planned Unit Development to be known as SandyN Ford' concurrent with annexation A parcel in the Southwest quarter of Section 33, Township 5 South, Range 2 East, Baldwin County, Alabama. From the Southwest corner of said Section 33, also being the Southeast comer of lot 256, Rock Creek, Phase II, as recorded on Slide 1480-B, Judge of Probate's office, run North 01' 44' 33" East, along the East line of said subdivision, 2,638.39 feet to a 2 inch open top pin being the Northwest comer of the Southwest quarter of said Section 33; thence run South 89- 45' 24" East, 1,323.67 feet; thence run South 01 ° 38' 40" West, 2,640.29 feet; thence run North 89° 40' 13" West, 1.328.14 feet to the point of beginning. Said parcel of land contains 80.31 acres, more or less. C-4-8 AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: El The Baldwin Times, Bay Minette, AL I] The Bulletin, Daphne, AL 0 The Fairhope Courier, Fairhope, AL ❑ The Independent, Robertsdale, AL O The Onlooker, Foley, AL ❑ The Islander, Gulf Shores, AL []The Ledger, Elberta-Lillian, AL a weekly newspaper published in Baldwin County, Alabama Xeekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate q - 2LC� CQ & S X . ) (o TOTAL: $ i 0 CO , 4 `iD Legal Ad Representative Linda Robii on n BILL TO: l d �t1 ATTN: P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid .......... .............. Account No. % (�' 0 Co I Gulf C Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin Sworn to and subscribed before me this day of 2000 -- Notafry Public, Baldwin County, Alabama MY COMMJSSION EXPIRES MAY 22, 2002 C,. , ORDINANCE NO`�4__ � __ AN ORDINANCE AMENDING ORDINANCE NO, 55T AS THE ZONING ORDINANCE TO ESTABLISH A PLANNED UNIT DEVELOPMENT TO BE KNOWN AS SANDY FORD, 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 some hereby is, annexed to and made a part of the corporate limits of the City of Falrtlope, Alabama and, further, that the properly be and hereby Is assigned the zoning classification of a Planned Unit with tthevFahopelto be known as Zoning Ordinance andy Ford, and may be used In conformity 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 ity, this nance Is a lundercauthoritynof Section 11 42-i21, Code oflAlabama, 1opted pursuant to and 975, as amended, Section 3. A certified copy of this Ordinance, together with a copy of the owners' petitions and the exhibit, shall be recorded in the Office or tha Probate Judge of Baldwin County, Alabama. PROPERTY DESCRIPTION: Mrs. ModoHne Bergllproperty Is located South of Rock Creeks scribed VI, and East of y mall be n Existing Rock Creek. (Case Number ZC 00.06) The togowhtg zoned as a PUD: A parcel In the Southwest quarter of Section 33, Township 5 South, Range 2 East, Baldwin County, Alabama. From the Southwest cornor of said Seclioqq'33, also being the Southeast corner of I01256, Rock Creek, Phoso II, as recorded on Slide 1480-8, Judpo of Probate's office, run Nortne boln 3h e East, along the East line of said subdivision, 2.638.39 feel to a 2 Inch open top p 9 Northwest cornor of file Southwest quarter of said Soctlon 33; thence run South 89 4574" East, 1.323.87 feel: thence run in` of bepinning Sold parcel of land contains 80 31 ac es 0138'40" West. 2.640.29 tool; thence run North 89 4 Weal, 1,328.141ee1 the point a or less. SUBSECTIONS: A. The described properly sholi dovelop in substantial conformity with fits attached site peon attached eh Direcitor of Planning tantial and Building wrfro tile ill equiireltached re• pp ovte Plan, al by he s determinPlanning C by Planning Commission and the City Council of The City of Fairhope, Alabama. g, Attached as'Exhibll A" Is on approved site plan and that -Exhibit B- Indicates the solbacks for oil lots In the development. C. Atlot:hed ss "Exhtblt C" Is a list of user: that will be permitted In tho Planned Unit Development. p Maximum building hoights measured Irom grade level 10 tool line shall not exceed 30 fool or two slorles for all properly within the district. i E. Side yard setbacks shell be 15 feet on the driveway side (If the drive accesses the rear yard) with a minimum 3 root green area al the property fine. All other yard setbacks are ' indicated in 'Exhibit B'. ' Monte to F.. AN other Stru tune unless Improve se specified InplhbOrdinance. ln the district shall meet other City., Section 4. Sevorability Clause - If any part, section of subdivision of this ordinance shall be held unconstitutional or In valid for any reason, such holding shall not be construed to invalidate or impair the remainder of tills ordinance, which shall continue in full force and effect notwithstanding such holding. Soctlon 5.` Effective Date -This ordinance shall take effect Immediately upon Its due adoption and publication as required by law. ADOPTED THISTHE24"'_DAY OF Aoril_, 2000. J j0ep. Nix, M y�� ll¢ I eniece W. Johnson, Cl ark C-4.29 I £E-&&&6&E�E6��9BA999RE tj 16"82L�8%N•G'N8' d12��464. � ti"y� w8 M' 4 >t nafifmmf Ziifm am Hama C:8 8 .k8ay 5 ��8813886818888or�: gp y8�,yXrgCHper rg�L6 o vSoCg6�8 8111 is 758 sr aF a"BE � 90". ME 8 UNITTGPO.DWC B 1393-1001 b T O O Z A Z CO C) I Z r kz z m 0 D z C n to z E>T m o v m v z M r O m z 7_ T ROCK CREEK PHASE S "t- - CLUB HOUSE DRIVE — I k . -u,) +o.>, '• � _Ixs.m'-145'm•'I u rll�'o6'" c `l I n l400• S'- s s• v', . 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At- '30593 Instrument 550891 Page 3of 4 3-03-2000 10:28AM FROM MWI DAPHNE 33AG266934 P.2 ' vwftiv4ylv90000l% J *0tj Ptly LaT 5 E)riJf t�JAi 41DC 15-e-T&PtL SANDY FORD SUBDIVISION SETBACKS aF 15 1 PHASE LOTS 1-6 LOTS 71 9 Front Setback 35' Front Setback 80' Rear Setback 40' Rear Setback 50' Side Setback 10' Side Setback 20' LOTS 11, 12, 13, 18-20, 26 LOT 8 Front Setback 35' Front Setback 35' Rear Setback 30, Rear Setback 50' Side Setback 10, Side Setback 20' LOTS 14-17 LOT 10 Front Setback 35' Front Setback 40' Rear Setback 50' Rear Setback 60' Side Setback 10' Side Setback 30' Side Street Setback40' LOTS 21-25 LOTS 27-42 Front Setback 35 Front .Setback 35' Rear Setback 40' Rear Setback 35' Side Setback 10' Side Setback 10, PHASE 11 LOTS 1-6 LOTS 7, 13, 19, 20,26, 28, 29, 31 Front Setback 354 Front Setback 35' Rear Setback 40' Rear, Setback 30' Side Setback 10' Side Setback 10, Side Street Setback 30' LOTS 7, 8-12, 14-18, 21-26, 27, 30, 32-36 Front Setback 40' Rear Setback 40' Side Setback 10' PHASE III LOTS 1.5, 7-10, 13-22, 25, 27-31 Front Setback 35' Rear Setback 40' Side Setback 10' LOTS 11, 12, 23, 24, 26, 32 Front Setback 35' Rear Setback 35' Side Setback 10' Side Street Setback 30' LOT 6 Front Setback 35' Rear Setback 40' Side Setback 10, Side Street Setback45' LOTS 33-48 Front Setback 35' Rear Setback 35' Side Setback 10' tey PERMITTED USES Only residential uses, accessory buildings, and accessory uses permitted by the Zoning Ordinance are permitted in this PUD.