HomeMy WebLinkAboutO-1177ORDINANCE NO. 1177
AN ORDINANCE AMENDING ORDINANCE NO. 557
KNOWN AS THE ZONING ORDINANCE
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 Gene Tillman located at the North side of Windmill Road just West of
County Road 27.
Legal Description: ( Case Number ZC 03.08) - Ellington Place
From the Southeast corner of Section 15, Township 6 South, Range 2 East, Baldwin,
County, Alabama, and run thence North 89 degrees 54 minutes 00 seconds West, 450.76
feet to a point; thence, run North 00 degrees 15 minutes 00 seconds East 33.0 feet more or
less, to an iron pin lying on the North right-of-way line of Habek Windmill Road for the
POINT OF BEGINNING; thence continue North 00 degrees 15 minutes 00 seconds East,
631.72 feet to an iron pin; thence run South 89 degrees 54 minutes 48 seconds West,
206.70 feet to an iron pin; thence run South 00 degrees 15 minutes 00 seconds West,
631.35 feet to an iron pin lying on said North right-of-way line; thence run South 89 degrees,
54 minutes 00 seconds East, along said North right-of-way line 206.92 feet to the POINT
OF BEGINNING. Said parcel contains 3.0 acres, more or less.
A map of the property to be re -zoned is attached as Exhibit A.
The classification of said property is hereby changed from R-A
residential Agriculture to Planned Unit Development (PUD). 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.
Case Number ZC 03.08 the property described below, 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 as a
PUD amendment;
Exhibit A is an approved site plan. The property must develop in
substantial conformance with the approved site plan.
That, the following development regulations shall govern:
Lot sizes: The sizes are specified on the site plan.
Uses: Only single family residential and accessory buildings shall be
allowed.
irdinance NO. 1177
Ilington Place
age -2-
3uilding Height: The primary structure shall be no more than 35 feet.
\ccessory buildings shall be no more than 18 feet.
.ot Coverage: No more than 65% of the lot shall be covered with buildings
includes accessory building)
:tbacks: Building Setbacks for lots 2, 5, and 8 through 17 are to be as
Ilows:
Front Setback = 20-feet
Side Setback = 5-feet
Rear Setback = 15-feet
Building Setbacks for lots 7 and 18 are to be as follows:
Front Setback = 20-feet
Side Setback = 5-feet
Side Street Setback = 15-feet
Rear Setback = 15-feet
Building Setbacks for lot 1 are to be as follows:
Front Setback = 20-feet
West Side Setback = 5-feet
East Side Setback = 15-feet
Rear Setback = 15-feet
Building Setbacks for lot 4 are to be as follows:
Front Setback = 20-feet
West Side Setback = 5-feet
East Side Setback = 20-feet
Rear Setback = 15-feet
Building Setbacks for lot 6 are to be as follows:
Front Setback = 20-feet
West Side Setback = 5-feet for the Southern 35 feet
And 10-feet for the Northern portion
East Side Setback = 5-feet
Rear Setback = 15-feet for the Eastern 25 feet and
5-feet for the Western portion
Building Setbacks for lot 3 are to be as follows:
Front Setback = 20-feet
East Side Setback = 5-feet for the Northern 35 feet
And 10-feet for the Southern portion
East Side Setback = 5-feet
Rear Setback = 15-feet for the Eastern 25 feet and
5-feet for the Western portion
at, 5 foot sidewalks and street trees as required by the Subdivision
gulations will be required on both sides of the streets.
hat, the primary exterior construction materials shall be brick and vinyl
ding.
hat, accessory buildings shall not be taller than 18 ft. and more than 500
q. ft. and shall be no closer than 10ft to the house and 5ft to property lines.
at, all refuse shall be picked up in the public right -of way only .
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Ordinance NO. 1177
Ellington Place
Page -3-
That, all other structures or improvements to property within the district
shall meet other City requirements unless otherwise specified in this
Ordinance.
That, all other requirements of the Subdivision Regulations of the City shall
apply to this project.
City Council Amendments — September 22, 2003 Meeting for final adoption.
1. The garage set back must allow for parking of vehicles in front of the
house without parking on sidewalk.
2. Must have two engineering companies to sign off on final drainage
plans
3. Request a letter from ADEM approving the injection wells or a letter
from ADEM stating that they do not have any authority over injection
wells.
4. Require that the developer notify the residents of this subdivision that
they are responsible for the detention pond.
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.
Effective Date - This ordinance shall take effect immediately upon its due
adoption and publication as required by law.
APPROVED THIS 22"d DAY OF SEPTEMBER , 2003
Attest. _
Geniece W. Johns ity Clerk/Treasurer
by MI Kant/Mayor