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HomeMy WebLinkAboutO-1170E � 06 Q 0. p M A 7 Olt! C � 40 w i Pi a A � J. Fr ORDINANCE 1170 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO ZONE PROPERTY CONCURRENT WITH ANNEXATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975, 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: The appropriate public notice and hearing of, the Planning and Zoning Commission of the City of Fairhope, Alabama, has forwarded a favorable recommendation. The property of Mark Sekas located at 20649 Bishop Road, Fairhope, Alabama. 1. Legal Description: (Case Number ZC 03.02) From the Southeast corner of the Southeast Quarter of the Northwest Quarter of Section 16, Township 6 South, Range 2 East, Baldwin County, Alabama, run North 000 11' East, 735.00 feet to a point for the Point of Beginning; thence continue North 000 11 East, 592.6 feet to an iron pin at the Northeast corner of said Southeast Quarter of the Northwest Quarter of Section 16; thence run North 890 57' 30" West, 231.11 feet to a point; thence run South 000 11' West, 593.32 feet to an iron pin; thence run North 890 50' 30" East, 231.12 feet to the Point of Beginning, SUBJECT to a 30-foot Right-of-way Easement over and across the Eastern and Northern ends thereof. Subject property contains 3.14 acres, more or less, including right-of- way easements. The property is hereby zoned R-4 Low Density, Multi -family Residential concurrent with annexation into the City of Fairhope. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 557 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 such structure be erected only in compliance with such laws, including the requirements of Ordinance No. 557. Severability Clause - That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. Effective Date - This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS THE 27th DAY OF May , 2003. Ti �M. t, May r Attest Geniece W. Johnson, y derk -ITY OF FAIRHOPE ).0. DWR 429 AIRHOPE, AL 3653' RFCC, veo ,;a, CITY OF FAIRHOPE CONDITIONAL PETITION FOR ANNEXATION FORM STATE OF ALABAMA )( COUNTY OF BALDWIN )( C11 FAIRHOPE P.O. DWR 429 FAIRHOPE, AL 3653 44d lio 1)7o 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, hereby 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 B-•y Lo r)5i} l ml1��l - mild �{�idq'1tiaF W f Al d YY\vrc =C CONCURRENT WITH ANNEXATION. IN WITNESS WHEREOF, the PETITIONER(S) have caused these presents to be executed thiso2RK0 day of A ayr 1 1 , 200 Signature o itio a Print petitioner's name of petitioner Physical Address of property being annexed: Petitioner's Current Physical Address: Telephone Number(s):/L -- r Home Print petitioner's name Petitioner's Current Mailing Address: Work County Tax Parcel Number: 4(c) — O) rim, ©C)�-2 U.S. JUSTICE DEPARTMENT INFORMATION a9' Size of property (acres or square feet)--F 1 AC Zce-L a llf property is occupied, give number of housing units. aYNumber of Persons residing in each unit, and their race 1 Er / If property is unoccupied, give proposed use LeifRl 012- J r4S-r[z(Jc"T17 ❑ If this is a development -Complete Proposed Development Form. A COPY OF THE LEGAL DESCRIPTION, AND A MAP OF THE PROPERTY MUST BE SUBMITTED NTH PETITION STATE OF ALABAMA )( COUNTY OF BALDW N )( I, I L."`�\ACV1,VPU a Notary Public in and for said State and County, hereby certify that the above PETITIONER ) whose name(s) is/are signed to the forgoing Petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears fish�. my Hand and Seal this--�J-) yr—" day of 200Lie, I :This instrumetit`p ared qy r -:il, -Office or hc,Ci�y,Cle . , C,ityo hope 7NotlaryUuIC �,' .': P O:Drawer429 Fa�I4' 533 (251) 928-2136 My commission expires 10/2ob1 _ � •�+�`., yCommission Expires 7/28/2004 M t . . tl L J vL 3 ' h3 CITY OF FAIRHOPE PETITION FOR ANNEXATION EDWARDS AV EXT 19.002 r a O SITE 19.001 m FAIRHOPE AV Legend - SI TE Zoned R1 Q Zoned B2 Mark Sekas 20649 Bishop Rd Parcel No's: 46-05-16-0-019.001 & 46-05-16-0-019.002 To the South is Zoned Rl- Single Family. To the East and South is Zoned B2- General Business I D. Powell GIS Dept. Z17Y OF FAIRHOPE 3.0. DWR 429 *AIRHOPE. AL 3653? �sd AJo � /! 76 ArchlVL% Fr_ $1 co bR. Fee 51.00 b - -,17cx Lj -cr-e M,;n� dI i,Ix P:.cc:ding Fee_ � d ind_x ree /�o yh/ 3 By: FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT (, Text Change to Zoning Ordinance _ Request for change of Zoning District Applicant) Description and N1,11) is attached -�/ a--1 ep�cc �9Fc. The Commission has held a public hearing on this matter prior to this final report and wr \ to report to the Fairhope City Council as follows: 4—We (Do) (Do Not) recommend the proposed zoning text changes as wise, expedient and necessary for the benefit of the City ' We find that the proposed zoning district change (Is) (Is Not) in conformity with the comprehensive plan and in the best interests of the City as a whole, and i I (Do) (Do Not) Recommend that the City Council adopt an ordinance implementing the proposed changes as provided by law. ,Members Present Rev. 9/9S Voting Aye VotlllQ Nay Abstain i I Respectfully submitted: _V IWA�a2__��_ -1 C airman �00 CITY OF FAIRHOPE CITY COUNCIL COVER SHEET 27 MAY 2003 ZC 03.02 Public Hearing to Consider the Reqest of Mr. Sekas for R4 Multi - Family Zoning Contingent on Annexation (Generally Located at the Southwest Corner of Bishop Rd. and Edwards Ave.) Mr. Sekas owns this 1.2 acre parcel of property. It is currently outside of the city limits and is not zoned. Mr. Sekas is seeking to annex the property into the City of Fairhope contingent on receiving R4-Multi-Family zoning. The property is the South is R4. To the East is the School and vacant property owned by Mr. Phil Dyson. To the North is the AHEPA apartment development. To the West is vacant property that is owned by the Homestead. The R4 zoning sought in this case will allow for a maximum of 8 units. In fact, Mr. Sekas is seeking to create 2 four-plex buildings. Mr. Clay Adams will be doing the design. Enclosed is a site plan for your reference. The issues associated with this request are as follows: Comprehensive Plan: The plan does not speak directly to this issue. It neither directly supports nor hinders the concept. Nevertheless, it would seem that the plan would support the idea of affordable housing close to schools and shopping. Building: Although there will be no site plan approval for this request an informational plan is provided for your reference. Drainage: Proper stormwater management to the meet the requirements of the subdivision regulations should be required with the building permit. �OD STAFF RECOMMENDATION: It would seem that this change fits the context of the neighborhood and is not overly dense. Additionally, Mr. Adams has assured that the design will be much better than the existing units to the South. Therefore, staff supports this request. The Planning Commission recommended approval of this request that April meeting. Respectfully Submitted for Consideration, Christopher D. Oaker, AICP Director of Plan ing and Building \ "-\b j ? TRO YER.. RbA D o j ' o ----_--------------------- _I____--------__------------ ------------------ S 000 11' oo" w 2ss.in, � o 4 DFSCRIP'I M ANDICERTIFTCAnONFOR SURVEY N0:3003 -018 1, Seth W. Moore, a registered land surveyor, hereby state that all parts of this survey and drawing have been completed in accordance with the requirements of the Minimum Technical Standards for the Practice of Land Suomging in the State of Alabama to the best of my knowledge, infomiation and belief; this is a: true and correct map of the following description. Fromthe Southeast corner of the Southeast Quarter of the Northwest Quarte of Section 16, Township 6 South, Ra* 2 East, Baldwin County, Alabama, run North 00° 11' East, 735.00 feet to a point for the Point of Beginning; thence continue North 000 11' East,592.6 feet to an iron pin at the Northeast corner of said Southeast Quarter of the Northwest Quarter of Section 16;' thence run North 89° 57' 30" West, 231.11 feet to a point; thence run South 00011' West, 593.32 feet to an iron pin.; thence run North 890 50' 30" East, 231.12 feet to the Point of Beginning. SUBJECT to a 30-foot Right-of-way Easement over and across the Eastern and Northern ends thereof. Subject property contains 3.14 acres, more or less, including right-of-way easements. I further state that the improvements presently situated on said property are located within the boundaries thereof; that there are no encroachments upon said property by buildings or fences situated on adjoining property; and that thm,we no joint driveways, easements, nor rights -of -way visible on the surface, except as noted hereon. All according to my survey made this the 28"' day of January, 2003. I also state that I have examined the current FIA Official Flood Hazard Map, Community Number 010006, Panel Number 0519 K, and found referenced lot above lies in Flood Zone X, Map Dated June 17, 2002. I also state that this drawing and or certification does not reflect any title or easement research, other than what is visible on the ground or provided by the clients at time of survey. SethV. Moore, P.L.S. Ala. Reg. No. 16671 \� D ru LCCE D -' _ .__ 5 20 t X 2 &'R O Y E R ROAD ----------- -------- ------- ------- ---- ------ ------ --- ------ ------- ---------- -- /L Site Plan e- .T�.,-=T�.� Developement Data »yu4.e ,.rsessuas/n�T mr ��*tmY.fPSYpt1 .4delail�sb fa' =fA�d�YY aIu�4 M'-0' PieRpdJYO ffmNsdlT'> \\ to WALCOTP ADAMS VERNEUILI.E .\ecrmscrs NaCIIINfpyp� pY)mflM) I�