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Home My WebLink AboutO-1180ORDINANCE NO. 1180 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 Craig Dyas located north side of Parker Road, west of US Hwy 98 (4- lane) Legal Description: ( Case Number ZC 03.12) - Trentino Subdivision Commence at the record northeast corner of fractional Section 5, Township 6 South, Range 2 East St, Stephens Meridian, Thence run west along the North margin of said Section 5 a distance of 40 chains to a long established and accepted concrete marker which is situated a record distance of 73.5 feet west of the western margin of US Hwy 98, for a Point of Beginning; Thence run South 00 degrees 15 minutes 01 seconds west, 528.18 feet to a capped iron pin marker; thence run south 00 degrees 10 minutes 30 seconds west, 632.60 feet to a capped iron pin; thence run north 87 degrees 30 minutes 14 seconds west, along the (established north boundary of lands heretofore conveyed to Oscar Richardson), 365.00 feet to a crimped top iron pipe marker; Thence run south 00 degrees 26 minutes 03 second west 175.46 feet to a capped iron pin marker on the North margin of commercial center Parker Road subdivision, as shown by map or plat thereof record at Mapbook 10 page 14 Probate Record Baldwin County, Alabama; Thence run South 87 degrees 30 minutes 32 Seconds East, along said line 17.94 feet to a crimped top iron pipe marker at the northeast corner of lot 2 of said subdivision; Thence run south 15 degrees 41 minutes 21 seconds east, along the east margin of said lot 2, a distance of 207.13 feet to a capped iron pin marker on the north margin of Parker Rd.; thence run south 68 degrees 43 minutes 45 seconds west, along the said ROW, 60.29 feet to a capped iron pin marker; Thence run north 15 degrees 41 minutes 21 seconds west, 240.46 feet; Thence run northwesterly, along a curve to the right, having a radius of 75.0 feet, an arc distance of 13.19 feet (chord bears north 10 degrees 39 minutes 10 seconds west, 13.17 feet); Thence run north 05 degrees 36 minutes 59 seconds west, 136.30 feet; Thence run south 74 degrees 51 minutes 03 seconds west, 139.99 feet to a point on the east margin of lot 10 of Sibley Square Subdivision, as shown by map or plat thereof recorded at slide 890-A, Probate Records Baldwin County, Alabama; Thence run north 15 degrees 08 minutes 57 seconds west, along the east margin of said Sibley Square Subdivision, 2.84 feet to a crimp top iron pipe marker; thence continue, north 15 degrees 08 minutes 57 seconds west, along said line 255.6 feet to a crimp top iron pipe marker; Thence run north 15 degrees 08 minutes 57 seconds west, continuing along said line, 204.66 feet to a crimp top iron pipe marker; thence run north15 degrees 13 minutes 52 seconds west, 239.57 feet to a crimp top iron pipe marker; thence run north 15 degrees 38 minutes 50 seconds west, 138.52 feet to an old iron axle; thence run north 19 degrees 13 minutes 00 seconds west, 185.31 feet to concrete monument at the long established north west corner of the Gaskin Tract; Thence run east 908.19 feet to the POINT OF BEGINNING. Tract contains 20.09 acres more or less, and lies within fractional Section 5 and the William Patterson Grant Section 8, Township 6 South, Range 2 East, Baldwin County, Alabama. Ordinance No. 1180 Trentino — Amendment PUD Page —2- The classification of said property is hereby amending the current Planned United Development (PUD — Ordinance No. 1115). The building height will change from 30 feet to 35 feet measured from the average natural grade at the front of the lot to the mean between the eave and ridge of the roof. 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. 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 13th DAY OF OCTOBER , 2003 qjIxAhy M. nt, NiWor Attest: Geniece W. Johnson, ity Clerk/Treasurer FAIIZI-IOPE PLANNING COMMISSION 1{INAL REPORT OF ZONING AMENDMENT 'I'cxt Chan<;c to Zoning Ordinancc Request for change of Zoning, I)istrrc( (Applic i Gib _ Descr"iption and ? 'T.lp is attached i The CommlSSion has held a public hearing on this matter prior to this final report and wishes I to report to the l airhohe City Council as follows: --------�� e (1)0) (Do NTot) recommend the proposed zoning text changes as wise, I expedient and necessary for the benefit of the City I We find that the Proposed zoning district chant, With. the comprehensive plan and in the best in e(is) ); of tl�coCityras conformity We (Do) (Do Not) Recommend that the City Council adopt an ordinance implementing the Proposed changes as provided by law. Members Present ids Rev. o/9s Voting Aye otir,L Nay :abstain Respectfully submitted: Chairman �j �-> -/ 63 P,�D V�O CITY OF FAIRHOPE PLANNING AND ZONING COMMISSION COVER SHEET 2 September 2003 03.12 Public Hearing to Consider the Request of Mr. Craig Dyas for an Amendment to the Trentino PUD Regarding Building Height (Generally Located North of Parker Rd. and West of 4 Lane) Mr. Dyas has made the application to increase the building height in Trentino. The PUD that was approved allows a maximum height of 30 feet. Mr. Dyas would like to increase that to 35 feet being measured from the finished first floor to the average between the ridge and the highest roof ridge. Rock Creek, Sandy Ford, and Village North all allow 35 feet. Additionally the properties in the County allow a height of 35' and are measured from grade to the mean between the eaves and the ridge. Staff has had some calls regarding this request from residents of Sibley Square, who are adjacent to the property. STAFF RECOMMENDATION: Increasing the building height to 35 feet would make the same as adjacent properties. Currently, Trentino is the lowest at 30' to the ridge of the roof. However, we should measure it the same as the County'so there equality between the regulations and all adjacent property owners. Respectfully Submitted for Consideration, Christopher D Baker, AICP Director of Planning and Building tNqo P.U.D. Ordinance Amendment Request for TRENTINO, a Planned Unit Development Application Date: 21 July, 2003 P& Z Hearing Date: 2 September, 2 3 Petitioner: Craig F. Dyas Proposed Amendment: "Building Height- The building height of any structure within this zoning district shall not exceed 35 feet as measured from the finished first floor elevation to a point midway between the eave and the highest roof ridge."