HomeMy WebLinkAboutO-1181ORDINANCE NO. 1181
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 William J. Manifold located at the Southwest corner of County Road 27 and
Windmill Road.
Legal Description: (Case number ZC 03.11) Moorehaven Retirement Village
Lot 1 and Lot 6 of the Division of Lot 2 of the Doris Manifold Estate as recorded on slide
2116-C in the records of the Office of the Judge of Probate, Baldwin County, Alabama, less
and except the west 100 feet of said Lot 6. Property located in the Northeast quarter of the
Northeast quarter of Section 22, Township 6 South, Range 2 East, Baldwin County,
Alabama.
A map of the property to be re -zoned is attached as Exhibit A
The classification of said property is hereby changed from R2 Single Family
Residential 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.
The property shall be developed 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;
That, the following development regulations shall govern:
Lot si7.es- The sizes are specified on the site plan.
ILses: Only 7 duplex residential structure and 2 134 - business and professional
buildings shall be allowed.
Building Height- All structures shall be no more than 30 feet measured as defined in
the Zoning Ordinance.
Lot Coverage, Lot 1 impervious area to be 13.2%. Lot 2 impervious area to be
13.1 %. Duplex lot impervious area to be 17.8%.
Setbacks- These are indicated on the site plan.
Ordinance No. 1 1 R 1
Moorehaven Retirement Village
Page 02-
That, 5 foot sidewalks and street trees as required by the Subdivision Regulations
will be required around the perimeter of the total property
That, the primary exterior construction materials shall be brick, wood, and hardi-
plank.
That, the only accessory building will be the community center as shown on the site
plan.
That, all signs must meet City requirements.
That, the 2 office buildings as shown on the site plan shall be either screened from
Windmill with evergreen vegetation and/or shall have a 2 sided front so the back of
the building does not face Windmill Rd..
That, all landscaping requirements will be met or exceeded.
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.
Effective Date - This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
APPROVED BY THE CITY COUNCIL THIS 27th DAY OF October , 2001
Attest:
Geniece W. Johnson, Ktlerk /Treasurer
F A 11Z I-r o P E PLANNING CO1yINI SSION � QZ,k
j�INAL REPORT OIL lON1NG AMFNllMENT ' --- — •
I CXl ChanS�C t0 %011lllf� �)rdin;lnlC
_Rcqucst for change ofLonlms District
B
(,Applicant)
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�, Descripfion grid ?1lap is 'I fache(i
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7 ' e Conurussron has held a public hearing P on this matter prior to tills final report and wishes
to report to the Fall -hope City Council as follows:
I _____we (Do) (Do Not) recommend the proposed zoning text changes as wise,
expedient and necessary for the benefit of the City
\i'e find that the proposed ronrno district Chang
(tI
with the comprehensive plan anst
d in the best interes of tile C tyas arwhol It and
(Do) (Do Not) Recommend that the City Council adopt an ordinance
i implementing the proposed changes as provided by law.
Members Present Voting Ave Voting av Abstain
i
I
I
t
Respectfully submitted:
C Iairman —
CITY OF FAIRHOPE
PLANNING AND ZONING COMMISSION COVER SHEET
2 September 2003
03.11 Public Hearing to Consider the Request of Bobby Clark and Pat
Achee for a Zoning Change from 112-Single Family Residential to
PUD-Planned Unit Development for Moorehaven Retirement
Village (Generally Located at Windmill and Co. Rd. 27)
Bobby Clark and Pat Achee came before the Commission previously on this
project as an informal review. At that time the Commission gave, generally
speaking, positive input. Based on that input, they have made formal application
to zone the property as a Planned Unit Development.
The property contains approximately 3.6 acres. It is located at the Southwest
corner of Windmill Rd. and County Rd. 27.
Setbacks: Residential lots setbacks between the buildings will be a minimum of
10 feet; 40 feet from Windmill Rd.; and 20 feet from all other property lines. The
office lot will meet the 100 foot 27 setback and 40' from Windmill Road and 20
feet from all other property lines. See the map attached.
Access: A cut is proposed from 27. The developer has contacted the County
regarding the proposal. They should participate in the cost of construction the
turn lane in 27.
Drainage: The developer has been advised that the project will have to be
engineered.
Building Height: All buildings are proposed as single story. However, no height
number has been proposed.
Sidewalks: The developer will be constructing sidewalks on 27 and Windmill that
meet City requirements.
Uses: Only multifamily residential and B4 uses will be permitted, no retail will be
allowed.
Landscaping and Elevations: The developer has provided maps that show the
landscaping and buildings elevations.
4.-
All other information is required or requested has been provided.
STAFF RECOMMENDATION:
The Commission gave the developer positive feedback at the informal meeting.
Based on that input, the developer has gone forward.
However, there are some concerns regarding allowing offices uses on 27. It is
purely strip commercial development, although the developer has made some
pedestrian connections.
Nevertheless, all of the property that is out of the City can develop commercially
tomorrow because there is no land use control. How realistic is it for us to not
allow office development when next door could be anything? This is a quandary
that the City faces all over, not just on 27 — although it is more prominent on 27.
Certainly, if the City approves this proposal commercial will fill in from Fairhope
Ave. South.
The Commission already gave tacit approval. Should the project be approved
then it is important that the commercial building that is proposed to back to
Windmill should either be totally screened from view or have 2 sided architecture
(2 fronts).
Respectfully Submitted for Consideration,
Sizll
Christopher(D. Baker, AICP
Director of Planning and Building
Page 3 of 7
APPLICATION .FOR ZONING DISTRICT CHANGE
Applicant / Agent Information
Name:
tine: . le'.ter from property owner is required if an agent is used for representation.
Phone Number: 12 5 1)g 2 3- ig i
Street Address: _ i 9A40 00 Ra 27
City:Fairhope State: AL Zip: 36532
Property Owner Information rf differem than above.
Name of Property OwnerK i 11 i am J Ma n i f o l d ._ Phone Number: (g � (�) 5 5�_ R�C 0
Address of Property Owner: 3506 Limerick Drive
City: Tallahassee State: EIS— Zip: 32908
Current Zoning of Property: single family residential
Property Address: SW cor"_n_er of Co. Rd 27 and w; ndmi ,I Rr3. _
Proposed Use of the Property: offices an d Bpi PYA�
Property Legal Description: 9pe a .
Reason for Zoning Change: cqmpliance with proposed use
Property Map Attached YM NO
Metes and Bounds Description Attached YESK NO
Names and Address of all Real Property Owners within 300 Feet of Above Described Property
Attached. YES NO
Zoning Change Fee Calculation
Sc•e Revised Pee Srhedulc•
Filing Fee:
Certified Letters:
Publication:
Total:
Certification: I certify that I am the property owner,
or authorized agent, and attest that all facts are
true and correct.
Signature: �6W64e
Date: 7 azl --o
NOTARY PUBLIC IN AND FOR SAID COUNTY, IN SAID STATT3, IIEREBY CERTIFY TIIAT
ARR LARK AND PAT ACHEE OF CAD LLC, WIIOSF. NAMES AS OWNERS, AS SIGNED 'TO THE ['OREGOING INS'I'RUMI-N-l-,
AND WHO IS KNOWN TO ME, ACKNOT&EDGED BEFORE ME ON THIS DAY THAT, BEING INFORMED OF THE CONTENT OF THEINSTRLIMEN'I', AND WITH FULL AUTHORITY, FXECLITED T`HI's SAME VOLUNTARILY.
GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF , 2003
NOTARY PUBLIC
SURVEYOR'S CERTIFICATE AND DESCRIPTION OF LAND PLATTED
STATE OF ALABAMA
COUNTY OF BALDWIN
1. MATTHEW S. KOUNTZ, A REGISTERED LAND SURVEYOR OF BALDWIN COUNTY,. ALABAMA HEREBY STATE THAT i HAVE
SURVEYED TT[E PROPERTY OF _BOBBY CLARK & PAT ACHEE OF CAD Ll , SITUATED IN BALDWIN COUNTY, ALABAMA
AND DESCRIBED AS FOLLOWS:
LOT I AND LOT 6 OF THE DIVISION OF LOT 2 OF THE DORIS MANIFOLD ESTATE AS RECORDED ON SLIDE 2116-C IN THE
RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA, LESS & EXCEPT THE WEST 100
FEET OF SAID LOT 6. PROPERTY LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUAR'1:R OF SECTION
22, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA.
AND THAT THE PLAT OR MAP CONTAINED HEREON IS A TRUE AND CORRECT MAP SHOWING THE SUBDIVISION INTO WHICH
TIME PROPERTY DESCRIBED IS DIVIDED GIVING THE LENGTH AND BEARINGS OF THE BOUNDARIES OF EACH LOT AND
EASEMENT AND ITS NUMBER AND SHOWING TLIE STREETS, ALLEYS AND PUBLIC GROUNDS GIVING THE BEARINGS, LENGTH,
WIDTH AND NAMES OF THE STREET, SAID MAP FURTHER SHOWS THE RELATION OF THE LAND SO PLATTED TO TIME
GOVERNMENT SURVEY, AND THAT PERMANENT MONUMENTS HAVE BEEN PLACED AT POINTS MARKED THUS (0) AS
HEREON SHOWN.
*RE
AND THIS TH 3RD D Y OF JULY, 2003.
OUNTZ, P.L.S.
20359
CERTIFICATION OF FLOOD HAZARD ZONE
THIS IS TO STATE THAT WE I4AVE CONSULTED THE FEDERAL INSURANCE ADMINISTRATION FLOOD HAZARD BOUNDARY
MAP 015000, PANEL NO.0540-K, DATED JUNE 17, 2002 AND FOUND THAT T'I IE ABOVE DESCRIBED PROPERTY DOES, NOT LIE IN
AN III NTIFIED Fi,00131 RD ZONE.
KLUMPF ■GAS J , , RIVERPARK
STORAGE m . GRO.
MATT 4EW S. KOUNTZ, L.S.
ALA. -G. NO.20359 I `I
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