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HomeMy WebLinkAboutO-1171 (2)-0-79 �c o Im Srii op •t� 96 ORDINANCE 1171 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE CONCURRENT WITH ANNEXATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHO E, ALABAMA, as follows: The ordinance known as the Zoning Ordinance (No. 557), adopte 11 August 1975, together with the Zoning Map of the City of Fairhope, be and the same h eby is changed and altered in respect to that certain property described below: The appropriate public notice and hearing of, the PlanningAnd Zoning Commission of the City of Fairhope, Alabama, has forwarded a favorable recomrKendation. The property of Hilliard V. Street, Anna Fisher Street, illiam E. Street, Elizabeth Mosley Street, Clifford Street, Gloria Devine Street, Harold treet and Cathy Meaut Street located at South Greeno Road on the West side n/RTHWEST section of County Road 34. Legal Description: (Case Number ZC THE NORTHEAST QUARTER OF THQUARTER OF THE SOUTHEAST QUARTER, SECTION 29, TOWNSHIPRANGE 2 EAST; BEING 10 ACRES, MORE OR LESS. ALSO THE SOUTHWEST QUART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SE 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST; BEING 10 ACRES, MORE OR LESXASQUARTER AND ALSO THE SOUTHOF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTEON 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST; BEING 10 ACRES, MORE OR LESAND ALSO THE WESTF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUART R OF THE SOUTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 E T; BEING 5 ACRES, MORE OR LESS; AND ALSO THE W ST ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QU RTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 6 SOUTH, RANG 2 EAST; BEING 5 ACRES, MORE OR LESS; AND ALSO 6.6 CRES SQUARE IN THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF HE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 29, TOWNSHI 6 SOUTH, RANGE 2 EAST; AND ALSO T E NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAS QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST; BEING 10 ACRES, MO E OR LESS; EXCEPT THEREFROM, HOWEVER, 6.2 SQUARE ACRES IN THE NORT WEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER F THE SOUTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 AST. (Description copied from R.P. 386, Page 500, supplied by client). ALSO TH SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 29, TOWNS IP 6 SOUTH, RANGE 2 EAST. LESS A LOT AT THE SOUTHWEST CORNER OF THE SO THWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION, TOWNS.. IP AND RANGE ON WHICH A RESIDENCE AND CERTAIN ACCESSORY BUILDIOGS AND APPURTENANCES ARE SITUATED, MEASURING 300 FEET FROM THE SOUTHWEST CORNER AND WEST BOUNDARY TOWARD THE EAST AND 436 CITY OF FAIRHOPE P.O.OWR 429 RIRHOPE, AL 3653' Oro( &o I ri I .f �1 411,.0 RECE, VEp f JUL 3 1 211p3 Ordinance Number 1171 Streets Page —2- FEET FROM SAID SOUTHWEST CORNER AND THE SOUTH BOUNDARY, R KLUMPP ROAD RIGHT-OF-WAY, TO THE NORTH. ALSO THE WEST HALF OF THE SOUTHWEST QUARTER OF THE S THEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST. ( scription copied from Book 442, Page 641, supplied by client). ALSO THE SOUTHWEST QUARTER OF THE SOUTHEAST Q RTER OF THE NORTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUT , RANGE 2 EAST. ALSO THE SOUTH HALF OF THE SOUTHWEST QUART OF THE NORTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANG 2 EAST. ALSO THE WEST HALF OF THE NORTHWEST QU� TER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SEC ION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST. ALSO 6.2 ACRES SQUARE IN THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTE OF THE SOUTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST ALSO THE SOUTHEAST QUARTER OF HE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 29 TOWNSHIP 6 SOUTH, RANGE 2 EAST. Description copied from Book 445, Pa 654 supplied by client). ALSO PARCEL ONE: BEGINNING THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 AST, RUN NORTH 2,678 FEET TO A POINT, RUN THENCE SOUTH 88 DEGREES MINUTES WEST 40 FEET TO A POINT; RUN THENCE NORTH 200 FEET TO THE POI T OF BEGINNING AT THE NORTHEAST CORNER OF A PARCEL OF LAND HERETOF RE CONVEYED TO THE GRANTOR HEREIN BY M.P. DIAL, SR.; RUN THENCE SO TH 88 DEGREES 58 MINUTES WEST 120 FEET TO A POINT,; RUN THENCE SOU H 48 DEGREES 58 MINUTES WEST 70.7 FEET TO A POI T; RUN THENCE NORTH 88 DEGREES 58 MINUTES EAST 170 FEET TO A POINT; R THENCE NORTH 50 FEET TO THE POINT OF BEGINNING. ALSO PARCEL TWO: B INNING AT THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP 6 SOUTH, NGE 2 EAST, RUN NORTH 2,678 FEET TO A POINT; RUN THENCE SOUTH 88 D GREES 58 MINUTES WEST 210 FEET TO THE POINT OF BEGINNING; RUN TH NCE NORTH 150 FEET MORE OR LESS, TO A CONCRETE MARKER WHICH IS THE SOUTHWEST CORNER OF PARCEL ONE HEREINABOVE CONVEYED; RUN THENCE SOUTH 43 DEGREES 56 MINUTES WEST 70.7 FEET TO A POINT; RUN THENCE SOUTH 100 FEET, MORE OR LESS TO A POINT WHICH IS SOUTH 88 DEGREES 58 MINUTES WEST FROM THE POINT OF BEGINNING; RUN THENCE NORTH 88 DEGREES 58 MINUTES EAST 50 FEET TO THE POINT OF BEGINNING. Description copied from Book 488, Page 307 supplied by client). ALSO FROM THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST, RUN NORTH ALONG THE SECTION LINE 2,658 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, CONTINUE THENCE NORTH 20 FEET TO A POINT; RUN THENCE SOUTH 80 DEGREES 58' WEST, 40 FEET TO THE POINT OF BEGINNING; RUN THENCE NORTH 158 FEET TO A POINT; RUN THENCE SOUTH 88 DEGREES 58' WEST, 170 FEET TO A POINT; RUN THENCE SOUTH 150 FEET, MORE OR LESS, TO A POINT 20 FEET NORTH OF THE HALF SECTION LINE OF SAID SECTION 29,; RUN THENCE NORTH 88 DEGREES 58' EAST, 170 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. (Description copied from R.P. 633, Pages 634, Page 1335 supplied by client). CITY OF FAiRH'OP' P.O. DWR 429 FAIRHOPE, AL 3653 RECEI VEa I JUL 3 12g03 .o w ti a Ordinance Number 1 Streets / Page —3- LESS AND EXCEPT FROM THE NORTHWEST CORNER OF THE NqRTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAS QUARTER OF SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST, RUN THEP NORTH 890 41' 33" EAST, 934.48 FEET TO A STEEL POST; THENCE RUN SOUT 00° 19' 47" EAST, 588.47 FEET TO AN IRON PIPE FOR THE POINT OF BEGINNING; ENCE RUN SOUTH 890 46' 05" EAST, 239.25 FEET TO AN IRON PIN ON THE WEST IGHT-OF-WAY OF U.S. HIGHWAY 98; THENCE RUN SOUTH 010 19' 15" WEST LONG SAID RIGHT-OF-WAY, 685.13 FEET TO AN IRON PIN; THENCE RUN SOUT 00° 20' 55" WEST ALONG SAID RIGHT-OF-WAY, 50.29 FEET TO AN IRON PIN; TH CE RUN SOUTH 890 46' 40" WEST, 239.25 FEET TO A POINT; THENCE RUN NORTH 1° 15' 04" WEST, 737.35 FEET TO THE POINT OF BEGINNING. PARCEL CONTAI S 4.05 ACRES MORE OR LESS. ALSO FROM THE NORTHWEST CORNER THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTH ST QUARTER OF SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST, RUN THENCE/NORTH 89° 41' 33" EAST, 934.48 FEET TO A STEEL POST; THENCE RUN SOUTH 0 ° 19' 47" EAST, 588.47 FEET TO AN IRON PIPE; THENCE RUN SOUTH 01° 15' 04" W T, 144.99 FEET TO A POINT FOR THE POINT OF BEGINNING; THENCE R/0INT; 89° 46' 05" EAST, 214.54 FEET TO A POINT; THENCE RUN NORTHEALY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25 FEET ANTANCE OF 38.79 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF U.S.Y NO. 98; THENCE RUN SOUTH 000 19' 15" WEST ALONG SAID RIGHT-OF-0.02 FEET TO A POINT; THENCE RUN NORTHWESTWARDLY CURVE TO THE LEFT HAVING A RADIUS OF 25 FEET AN ARC DISTANCE OF 3T TO A POINT; THENCE RUN NORTH 890 46' 05" WEST, 213.51 FEET TO THENCE RUN NORTH 01° 15'04" EAST, 70.00 FEET TO THE POINT OF BEGIPARCEL CONTAINS 0.38 ACRES MORE OR LESS These are the developrrl'ent regulations for this Residential Planned Unit Development: ❑ The only sing family uses and associated accessory uses will be permitted as defined by t general residential requirements of the Zoning Ordinance. ❑ Maximum b ilding heights shall be 30 feet as defined by the building height definition in the Zoniig Ordinance. ❑ Maximum, tot coverage shall be 40% of the gross lot area. This percentage shall apply to he primary building only. ❑ 5 foot sidewalks as required by the Subdivision Regulations will be required on both sides o4 the streets. ❑ The p imary exterior construction materials shall be brick, stucco, and hardi-plank. Othe materials will be permitted as incidental. ❑ Acc ssory building will be permitted in accordance with the accessory building provisions of the Zoning ordinance. ❑ A traffic study to be paid for by the developer will be completed with the 1s' phase of development. The City shall pick the engineer. ❑ All other structures or improvements to property within the district shall meet other City requirements unless otherwise specified in this ordinance. ❑ All other requirements of the Subdivision Regulations of the City shall apply to this project. The property is hereby zoned as a Residential Planned Unit Development concurrent with annexation into the City of Fairhope and shall develop in substantial conformity with the site plan contained in "Exhibit B" and development regulations listed above. Conditions of approval by the City Council are as follows: ❑ 10 foot side setbacks at the discretion of planning staff. ❑ 37% coverage ❑ Side entry or rear entry garage ❑ Traffic light will be paid by developer. CITY OF FAIRHOP9 P.O. DWR 429 "AIRHOPE, AL 368j= RECEIVED JUL 3 12003 Ordinance NuTher 1171 Streets Page —4- Severability Clause -That it is hereby declar/ofe the int tion of the City Council that the section, paragraphs, sentences, clauses, and oft ' ordinance are severable, and if any phrase, clause, sentence, paragraph, or sf t ' ordinance shall be declared invalid or unconstitutional by the valid judgment or dey court of competent jurisdiction, such invalidity or unconstitutionality shall not affect a remaining phrases, clauses, sentences, paragraphs, or sections of this ordsince the same would have enacted by the City Council without the incorporation in thnce of any such invalid or unconstitutional phrase, clause, sentence, paor section. Effective Date - This ordinance shall to publication as required by law. Attest: C Y V _ILI 4� .Q c lJ a— W oCL Z= ,65 010 ADOPTED THIS T n, C immediately upon its due adoption and )AY OF June , 2003. Send -b: CITY OF FAIRHC)pt P.O. DWR 429 "AIRHOPE, AL 16&1 RECEIVED 'JUL 3 1' .13 CITY OF FAIRHOPE CONDITIONAL PETITION FOR ANNEXATION FORM STATE OF ALABAMA )( COUNTY OF BALDWIN )( 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 PLANNED UNIT DEV .T.O M NT CONCURRENT WITH ANNEXATION. IN WI ESS WHEREOF, the PETITIONERS) have caused these presents to be executed this day of , 200,3. (� HILLIARD V. STREET, VTR Signature of petitioner Print petitioner's name 2: Anna 4ishrf �-rct� Signature of petitioner Print petitioner's name Physical Address of property being annexed: N/A Petitioner's Current Physical Address: 8914 CO. RD. 32 FAIRHOPE,AL36532 Telephone Number(s): Home Petitioner's Current Mailing Address: SAME Work County Tax Parcel Number: 46-09-29-0-000-063 000 and 46-09-29-0-000 059.000 U.S. JUSTICE DEPARTMENT INFORMATION ❑ Size of property (acres or square feet) 36.20 a (+/— ) ❑ If property is occupied, give number of housing units. _ NO OCCUPANCY ❑ Number of Persons residing in each unit, and their race ❑ If property is unoccupied, give proposed use SINGLE FAMTT Y RF TT)FNry ❑ If this is a development -Complete Proposed Development Form, A COPY OF THE LEGAL DESCRIPTION, AND A MAP OF THE PROPERTY MUST BE SUBMITTED WITH PETITION STATE OF ALABAMA )( COUNTY OF BALDWIN )( 1 I, -ffa Notary Public in and for said State and County, hereby certify that the above PETITIONER(s) wkdse 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 date. Given under my Hand and Seal this �t_ day of � , 2003 . �• (Seal)AAl-nnAl A:� 4Z'� 653? This instramc.;t prepared by: 0 A` 3 Office of the City Clerk, City of Fairhope Notary Public P. O. Drawer 429, Fairhope, AL 36533 (251) 928-2136 My commission expires 10/2001 I I RECE►VED JUL 3 12003 0 y. 0 n d ti a CITY OF FAIRHOPE CONDITIONAL PETITION FOR ANNEXATION FORM STATE OF ALABAMA )( COUNTY OF BALDWIN )( 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 PLANNED UNIT DEVELOPMENT CONCURRENT WITH ANNEXATION. IN WITN SS WHEREOF, the PETITIONERS) have caused these presents to be executed this& -day of , 20a. 2�-1w-Jil-Aw Signature of pe tioner . Q.t Signat of petitioner Physical Address of property being annexed: N/A Petitioner's Current Physical Address: 8980 CO. RD 32 FAIRHOPE, AL 36532 Telephone Number(s): Home HAROLD J. STREET Print petitioner's name Print petitioner's name Petitioner's Current Mailing Address: County Tax Parcel Number: 46-09-29-0-000-051 non Work U.S. JUSTICE DEPARTMENT INFORMATION ❑ Size of property (acres or square feet) 29.7 ae (+/— ) ❑ If property is occupied, give number of housing units. NO OCCUPANCY ❑ Number of Persons residing in each unit, and their race ❑ If property is unoccupied, give proposed use STNGT,F FAMTT.Y RFsInr.XrY ❑ If this is a development -Complete Proposed Development Form. A COPY OF THE LEGAL DESCRIPTION, AND A MAP OF THE PROPERTY MUST BE SUBMITTED WITH PETITION STATE OF ALABAMA )( COUNTY OF BALDWIN )( I, AAa Notary Public in and for said State and County, hereby certify that the above PETITIONER(s) whoti 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 date. Given under my Hand and Seal this day of , 200.3. �0Q� Seal o ,*P\R9 ( ) G• 0 a2 `3653 0 This instrument prepared by: .�•ILI � OQ� P.''� 1 Office of the City Clerk, City of Fairhope 1, otary Public 1 I P. O. Drawer 429, Fairhope, AL 36533 (251) 928-2136 My commission expires` 10/2001 6 Y ' .1 RECEIVED 1 JUL 3 1 2M3 Y ' .1 RECEIVED 1 JUL 3 1 2M3 .o w v an a CITY OF FAIRHOPE CONDITIONAL PETITION FOR ANNEXATION FORM STATE OF ALABAMA )( COUNTY OF BALDWIN )( 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 PLANNED UNIT DEVELOPMENT CONCURRENT WITH ANNEXATION. IN WITNESS WHEREOF, the PETITIONER(S) have caused these presents to be executed this day of 2003. Signature of petitioner gig-natuKe of petitioner Physical Address of property being annexed: N/A Petitioner's Current Physical Address: 8198 CO. RD. 34 FAIRHOPE, AL 36532 Telephone Number(s): Home WILLIAM E. STREET Print petitioner's name Rlia&Ah (1(1©6ltu c:�4rec+ Print petitioner's name Petitioner's Current Mailing Address: SAME County Tax Parcel Number: 46-09-29-0-000-062 000 Work U.S. JUSTICE DEPARTMENT INFORMATION ❑ Size of property (acres or square feet) 49.2 a c (+ / — ) ❑ If property is occupied, give number of housing units. NO O f` TPANf"v ❑ Number of Persons residing in each unit, and their race ❑ If property is unoccupied, give proposed use SINGLE FAMILY RESIDENCY ❑ If this is a development - Complete Proposed Development Form. A COPY OF THE LEGAL DESCRIPTION, AND A MAP OF THE PROPERTY MUST BE SUBMITTED WITH PETITION STATE OF ALABAMA COUNTY OF BALDWIN I, ` j PJL LU Uml( J a Notary Public in and for said State and County, hereby certify that the above�TITIONER(s) ose name(s) is/are signed to the forgoing Petition and who is/are known to me, this day appeared �•be'I•ore 'ffie� +being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same y� :ter ;A 1. 11, Iftis f a . t ./ f(Aven under my Hand and Seal this _day of � , 2003 . �0 �� ►�' *F 9 �3 6is instrAe►1f prepared by: ` O&e of tie*Qity Clerk, City of Fairhope 1 jt ,iiraN e$C.429, Fairhope, AL 36533 (251) 928-2136 Notary Public 1 Q _ ((����►��`� My commission expires N 00 1Vl 9 { • 1 ! ' y ' • p RE•CEviFD M UUL 3 12603 1 � I � 1 I 'J•pfI[ CITY OF FAIRHOPE CONDITIONAL PETITION FOR ANNEXATION ■ loom Ell Legend � Oak Hill - Planned Unit Development Parcels Pond Parcel Zonned R1 (JTY OF FAIRHOPE P.O. DWR 429 -AIRHOPE, AL 36533 erJ cud: )1-71 �A D. Powell GIS Dept WOO ;u t RECEIVED JUL 3 12003 41-71()-3 FAIRI-IOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT Text Change to Zoning Ordinance t ,s► �9� ' Request for change of Zoning District Dad- r `l � � (Applicant) ��,�, ,,� A � • • Description and Map is attached ;l j The Commission has held a public hearing on this matter prior to this final report a •'•O •cs to report to the Fairhope City Council as follows: I 4—We (Do) (Do Not) recommend the proposed zoning test 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 (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 Voting Nay Abstain �055ej I bO THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 299 TOWNSHIP 6 SOUTH, RANGE 2 EING 10 ACRES, MORE OR LESS. ALSO THE SOUL QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST R, SECTION 29, TOWNSHIP 6 SOUTH, _ANGE 2 EAST; BEING 10 ACRES, MORE OR LESS; AND ALSO THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST; BEING 10 ACRES, MORE OR LESS; AND ALSO THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST; BEING 5 ACRES, MORE OR LESS; AND ALSO THE WEST ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST; BEING 5 ACRES, MORE OR LESS; AND ALSO 6.6 ACRES SQUARE IN THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST; AND ALSO THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST; BEING 10 ACRES, MORE OR LESS; EXCEPT THEREFROM, HOWEVER, 6.2 SQUARE ACRES IN THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST. (Description copied from R.P. 386, Page 500, supplied by client). ALSO THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST. LESS A LOT AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION, TOWNSHIP AND RANGE ON WHICH A RESIDENCE AND CERTAIN ACCESSORY BUILDINGS AND APPURTENANCES ARE SITUATED, MEASURING 300 FEET FROM THE SOUTHWEST CORNER AND WEST BOUNDARY TOWARD THE EAST AND 436 FEET FROM SAID SOUTHWEST CORNER AND THE SOUTH BOUNDARY, OR KLUMPP ROAD RIGHT-OF-WAY, TO THE NORTH. ALSO THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST. (Description copied from Book 442, Page 641, supplied by client). ALSO THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST. ALSO THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST. ALSO THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST. ALSO 6.2 ACRES SQUARE IN THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST. ALSO THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST. (Description copied from Book 445, Page 654 supplied by client). ALSO PARCEL ONE: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST, RUN NORTH 2,678 FEET TO A POINT, RUN THENCE SOUTH 88 DEGREES 58 MINUTES WEST 40 FEET TO A POINT; RUN THENCE NORTH 200 FEET TO THE POINT OF BEGINNING AT THE NORTHEAST CORNER OF A PARCEL OF LAND HERETOFORE CONVEYED TO THE GRANTOR HEREIN BY M.P. DIAL, SR.; RUN THENCE SOUTH 88 DEGREES 58 MINUTES WEST 120 FEET TO A POINT,; RUN THENCE SOUTH 48 DEGREES 58 MINUTES WEST 70.7 FEET TO A POINT; RUN THENCE NORTH 88 DEGREES 58 MINUTES EAST 170 FEET TO A POINT; RUN THENCE NORTH 50 FEET TO THE POINT OF BEGINNING. ALSO PARCEL TWO: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST, RUN NORTH 2,678 FEET TO A POINT; RUN THENCE SOUTH 88 DEGREES 58 MINUTES WEST 210 FEET TO THE POINT OF BEGINNING; RUN THENCE NORTH 150 FEET MORE OR LESS, TO A CONCRETE MARKER WHICH IS THE SOUTHWEST CORNER OF PARCEL ONE HEREINABOVE CONVEYED; RUN THENCE SOUTH 43 DEGREES 56 MINUTES WEST 70.7 FEET TO A POINT; RUN THENCE SOUTH 100 FEET, MORE OR LESS TO A POINT WHICH IS SOUTH 88 DEGREES 58 MINUTES WEST FROM THE POINT OF BEGINNING; RUN THENCE NORTH 88 DEGREES 58 MINUTES EAST 50 FEET TO THE POINT OF BEGINNING. (Description copied from Book 488, Page 307 supplied by client). ALSO FROM THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST, RUN NORTH ALONG THE SECTION LINE 2,658 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, CONTINUE THENCE NORTH 20 FEET TO A POINT; RUN THENCE SOUTH 80 DEGREES 58' WEST, 40 FEET TO THE POINT OF BEGINNING; RUN THENCE NORTH 158 FEET TO A POINT; RUN THENCE SOUTH 88 DEGREES 58' WEST, 170 FEET TO A POINT; RUN THENCE SOUTH 150 FEET, MORE OR LESS, TO A POINT 20 FEET NORTH OF THE HALF SECTION LINE OF SAID SECTION 29,; RUN THENCE NORTH 88 DEGREES 58' EAST, 170 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. (Description copied from R.P. 633, Pages 634, Page 1335 supplied by client). CITY OF FAIRHOPE CITY COUNCIL COVER SHEET 9 June 2003 ZC 03.03 Request of Miles Jones for Annexation Contingent on Zoning Approval to a PUD for the Proposed Oak Hill Development (Generally located West of Greeno Rd. just North of Co. Rd. 34) Miles Jones is seeking to annex approximately 175 acres into the City as a Planned Unit Development. As you are aware, a PUD affords great flexibility to a property owner in proposing the guidelines for the development. The PUD also gives great control to the City, in that a detailed site plan, setbacks, uses, building heights and other specifics of the development are approved. If they are to be changed later, then the development must come back through the process. This means that there must be a great deal of thought on the part of the developer at the onset, something that is benefical. Below are the proposed guidelines of the PUD: Site plan: The development must substantially conform to the approved site plan. All of the plats that will come forward with the development must be substantially similar to the approved site plan. Setbacks: There are several proposed setbacks for the development — they range from 25' to 30' front yard. Side setbacks are from 6' to 10' (meaning 12-20 feet between structures). See the attached spreadsheet for complete information on a lot by lot basis. Drainage: The PUD Ordinance requires that a general drainage plan be provided, but does not require specific engineering. The final calculations and design will be completed as the property is brought forth with subdivision applications. Traffic: The developer has been advised in writing that a traffic study will have to be completed. The traffic study for the entire project will be completed at the time of the plat application for the 1s` phase. Implementing the recommendations of the traffic study will take place with the phases. The developer has agreed to this. Activities and Uses: Only single family uses and incidental uses permitted by the general residential section of the Zoning Ordinance is proposed. ' Building Height: The maximum building height will be 30' measured as defined in the Zoning Ordinance to the highest point of the roof. Lot Coverage: The developer is proposing a maximum lot coverage of 40% -- this is proposed to apply to the primary structure only. Pedestrian Circulation: The developer has been made aware of the 5' sidewalk requirement and the design of such. They have agreed. Signage: There is proposed to be incidental signage for the subdivision — this is noted on the site plan. Construction Materials: The developer is proposing to use brick, stucco, and hardi-plank as the primary building materials. Other materials will be permitted as incidental only. Refuse: All refuse will be picked up in the ROW. The alleys provided are for the use of the residents. City services will be ROW. The developer has agreed to this requirement. Lot sizes: The lot sizes range in the development. For your comparison see Mr. Charlie Bassett's modification letter dated 3 April for percentages compared to other zoning districts. Accessory Buildings: The developer is proposing to meet the City requirements in the existing Zoning Ord. Garages: The developer is proposing the use of rear lanes. The lots that have rear lanes will be required to access garages from the rear. Lots that are front loaded may have a common drive shared between units. Garages should be swing in if they are front loaded. Comprehensive Plan: This is a very large project that will have significant impacts to the City. The developer has worked hard to meet the goals and objectives of the Comprehensive Plan. They should be lauded for this effort. However, it should be noted that there does seem to be a degree of self-fulfilling prophecy associated with this project — in that there are out parcels adjacent to the 4 lane. This property is located outside of the City and would appear to want to develop commercially in a strip fashion. This is totally contrary to the Comprehensive Plan. Please review the Mr. Bassett's reply to the Comprehensive Plan questions in the reply letter. Nevertheless, the project does seem to fit many principles of the plan. STAFF RECOMMENDATION: This is a very large development that will have impacts to the City. The developer has worked hard to incorporate the comments of staff, and the Commission from the informal review. The layout is good. However, staff still harbors some concerns regarding the "striping" out of the property adjacent to the 4 lane. Although we may not have zoning, if the property is to be subdivided then at least there will be a connection to Oak Hill. Staff also has a concern regarding garage doors and the architecture of the homes. The project could either really enhance the City and get a new village goingor it could make it difficult to implement further villages. Front loaded garages should be a swing in, not a drive in. This will help minimize the impact to the streetscape. Additionally, the developer is aware of the traffic study requirements and the Council should reinforce that they are responsible for installing the improvements required in the study. Nevertheless, the project is approvable and may very well assist us in implementing the Comprehensive Plan. The Planning Commission recommended approval attheApril Meeting subjectto the traffic study being completed by Phase 1 permitting. Respectfully Submitted for Consideration, Christopher D. Paker, AICP Director of Pla ing and Building \n,