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HomeMy WebLinkAboutO-1227ORDINANCE NO. 1227 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 — Ellington Place - Ordinance No. 1177 — Case Number (ZC 03.08) Case Number (ZC 04.05) - For Amendments ELLINGTON PLACE is a three acre tract of land bounded on the West and North by Jackson Place Phase One and Two, as residential lots. The Property to the East is also residential property that is in three -acre tracts. Habek-Windmill Road is located on the southern boundary. Ellington Place will retain the residential use and will not allow commercial use within its boundaries. The following conditions we would respectfully ask that the City Council and the Planning Commission approve: A: Building Setbacks for lots 6, 7, 9, and 10 are to be as follows: Front Setback = 20-feet Side Setback = 5-feet Rear Setback = 15-feet Building Setbacks for lots 5 and 11 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 lots 1 and 4 are to be as follows: Front Setback = 20-feet West Side Setback = 5-feet East Side Setback = 7.5-feet Rear Setback = 15-feet Building Setbacks for lots 2 and 3 are to be as follows: Front Setback = 20-feet West Side Setback = 7.5-feet East Side Setback = 5-feet Rear Setback = 15-feet Building Setbacks for lot 8 are as shown on the Plat B: Public Street Access: The project has access from Windmill Road and from Hazel Lane in Jackson Place Unit One. C: Drainage: The Drainage of the property is generally flowing from South to the North. The project will utilize the street gutters to direct the drainage to a retention area located at the Southeast end of the project. Each lot shall direct their drainage to the street gutters. Ordinance No. 1227 Ellington Place — Amendments Page —2- D: Vehicular Traffic, and Parking: The main street flowing West to East will connect with Hazel Lane and end at the East property line for connectivity to the property to the East. The street to the north will serve only lots 5 through 11 because the property to the North is developed into lots, Jackson Place Phase Two. Lots 1 and 2 will have access to Windmill Road. They will have a joint access Easement along their common lot line. E: Screening or Buffer Zones: Along the West and North there exists a fence row with Oak trees of various sizes that are to remain as they exist. This project is a residential development and may at the individual owner's wishes, build wood privacy fences per the existing City codes, but they cannot remove the Oak Trees. F: Hours of Operation: This is a residential use only development. G: Activities and Uses Permitted: This project is for Residential uses only, business or commercial uses are not permitted. H: Building or Structure Heights: The residential building height shall not exceed a height of thirty-five (35) feet. Accessory Building Height: Detached accessory buildings shall not exceed one (1) story or twenty (20) feet in height. I: Landscaping: Landscaping of each lot shall be by a landscaping Company or Individual licensed by the City of Fairhope. The landscaping shall be properly maintained to ensure the beauty of the Development. J: Maximum Lot coverage, Impervious Percentages: The Maximum Lot coverage shall not exceed Sixty-five (65%) percent of the lot and this is to include accessory buildings. K: Pedestrian Circulation: This project shall have five (5) foot wide sidewalks on both sides of the streets also to include the North side of Windmill Road for the Length of the project. L: Signs: A stop sign will be installed on Parker Court. M: Noise, fumes, odors, vibration or airborne particles: This is a residential project and should not anticipate problems of this nature. If there is a problem then the existing City Ordinances shall apply. N: Exterior Lighting: Exterior Lighting shall be keep to a minimum. The Street lighting shall be of the type and Height, used in Quail Creek Estates. O: Exterior Construction materials: Exterior construction materials shall be of Brick Veneer, and Vinyl Siding as to assure that maintenance is kept to a minimum. P: Special Fire Protection: This is a Residential Project that should not need Special Fire Protection, but the installation of fire hydrants as per the regulations shall be meet. Ordinance No. 1227 Ellington Place — Amendments Page —3- Q: Outside Storage: Outside Storage or Accessory buildings shall be of the same character and building materials as the residence. R: Refuse: Household Garbage will be kept in a sanitary manner and shall be picked up in the street right-of-way only. Other waste storage shall not be permitted on site. S: Lot size: The lot size range from 5,940 square feet to 9,200 square feet. The density of this project is approximately 3.6 units to the acre. T: Accessory Buildings: Detached accessory buildings shall not exceed one (1) story or twenty (20) feet in height. Size shall not exceed 500 square feet and shall be located to the rear of the residence no closer than five (5) feet to the side and rear lot line or crossing over any Easements. A map of the property to be amended is attached as Exhibit A. 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. 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 11 to Attest: DAY OF October , 2004. % d" - Geniece W. Johnson, C' Clerk/Treasurer I4AlIZI10PE PLANNING COMMISSION � Z%G 1 .'IIVAL itla'OIZ'I' OF %LINING AMI?NI)MEN' -4 "Text Change to Zoning Ordinance MOVE- Le } �ort�v�'M • o v�IZc 39 RC Request for change of Zoning District h`�e awe-N-jmb By: (Applicant) Description and Map is attached Tile Commission has held a public hearing on this matter prior to this final report and wishes to report to the Fairhope City Council as follows: .� -We Do) (Do N'ot) recommend the proposed zoning text changes as wise, expedient and necessary for the benefit of the City We find that the proposed zoni�g 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 Voting Aye Voting Nay Abstain Respectf submitted: hairman • Z-4- OWNER'S CERTIFICATE: STATE OF ALABAMA BALDWIN COUNTY) CITY OF FAIRHOPE We, Fairhope Single Tax Corporation, hereby state that we are the.owners of the within' described lands. We, GEORGE R. GILMORE and CHARLES W. HAM, whose names as PRESIDENT .ANIP SECRETARY, have caused the some to be surveyed and subdivided- as indicated hereon, for the uses and purposes herein set forth and do hereby acknowledge and adopt the sortie under the design and title hereon indicated. Paned this the day of 2QP • FAiRHOPE SINGLE TAX CORPORATION GEORGE B. GILMORE, PRESIDENT CHARLES W. HAM, SECRETARY NOTARY 0ERTIFICATS; I, a Notary Public in and for said State and County, hereby certify that GEORGE B. GiLMORE and CHARLES W. HAM, whose names as PRESIDENT AND 'SECRETARY, respectively; of FAIRHOPE SINGLE TAX CORPORATION, �n Alabama Corporation, are signed to the foregoing certificate, and who are known to me, og0owledged before me on this day, that being informed a_f thg coRte'n}s of the certificate, that they as such officers and with full authority executed the some yoiWntgrily for and as an act, of said corporation. Giypn under my hand and official seal this the day of. 2003. Notary Public - Saldwin County, Alabama "My Commi;ss i..on Expires: w Lf-,Za'S CERTIFICATE OF ACCEPTANCE: STATE` OF ALABAMA COUNTY OF BALDWIN This is to certify that we, the undersigned do hereby certify that we are the lfls'sfO' s of the within platted and described lands and that we have caused the some to be surveyed and subdivided as indicated hereon, for the uses and purposes.herein sat forth and d�- i?e-r-edy g,cige the some under the design gad t#le heron indlcat d.' Date 0 NOTARY�L I C: ATE 0 ALABAMA � ll D COUNTY �A � I N i; a Notary P,uhl ic,ir in and 1 said State ,and Coup'ty,., do hereb;y;:;'�ert�,fy� that t Jbove name,e', s i,gned :a,i th.e 'w i th i ACCEPT an"d who,,or known to rr that tl� y vpiuntari ly executcj said ACGF'TAN,CE on t'fli;:s.; date. Given , under my �arid and s�eath i s I- e, day of 2003. Notary Public - Dpldwfn Counter';. AIaborria My GQnrission Exp.!,resr 1 I"NINEER'S CERTIFICATE: I, Acl< W. Moore,, a Registered Professional Engineer in the Mote of Alabama.- `'hereby Quote that I have reviewed the design herein which was done under my direct control and supery I s`l on and I that , to ­ the best o:f, my professional ipawlodge and to the best of my belief, conforms to the re9pjrements of the Fairhope'Subdlvision Regulations and to all other rules, regulations,9lows and ordinances applicable tQ mIT des i can . jAck W. Moore -- P.E. Date Ala. Reg. No. 3384 l(1 t 1 JUDGE OF PROBATE I herebycertify f I FhllzuoaE A�c- Y yr)at this 15 ,'+d 1a instrument was f i I n 1 for Ho ° LN z 3 cr CREEK record on 9 S I i de on a 6 day of 200_• 9 GRANT RD 1 - Judge of Probate o WINDMILL HAD AIRHOPE CORP. LIMi S 0 I -- HAZEL LANE-- -- Baldwin County, AlcL'y-no ,A .. m pYCE oQ� -' d4HAMg KRHUTQUAILC M.H.P. P C CLUB In HOUSE _Q © CALLOW AY DR 9 0\P Da 4 Ln 2 ) BAY MEADOWS AVE LAKE RIDGE ED �C 1, 23 2 O Cj _l CHUKKER CT L P Im 4 z I- i DERRY LN QUAIL CREEK m Ln D GOLF COURSE (CITY OF Z FAIRHOPE) O O 5.5. i VELLY M UILLEN CJ RD °ft 019000 JA CKSON PL A CE' PHASE ONE a-r ONGLEAF p 0 oa VICINITY MA P c I i- CL r- o o ICIDr p p 00 ' r+ SURVEYOR'S NOTES: ° l - 1. All Measurements were made in accordance with U. NJ I `� S 00 15' 30" W 631.13' S. Standards, --- "--- --- - - - - - n 2. Description as furnished by C I i ent , ° _ 15' Drainag Easement o 11 1 0 3. There may be recorded or unrecorded Deeds, S 00 1 00 W 631.35 Deed Wire Fence !. Easernents, Right-of-ways, or other instruments that 94.93' 94.88` could affect the'Boundaries of said properties, _____ 112.00 104.00' 104.00' 71.35' 4. There was No attempt to determine the existence, Location or extent of any stab -surface features. �TI - . -- - - - - - - - - -= - - - - -_ - - - _ 5. Bearin s and Distances shown hereon were' w I � I I � I �.t C0 u, I � zf oo z� a I z "Computed gram actual field traverses, I a I '�J v, 00 o I I a) Fes. OD I rn 6. The Basis of Bearings for this Surveyis based on o 00 I _ J co North 00 15 00 East, along the East Boundary line ar,° i O , °W° , 'y to o, I� I .0 O I°N,° Ln Ic4u,I a O cW v, o of the Subdivision.' �y n w o = 'y I h �'�J o o ,y co = I o I o 'y o _ o y cn N �•, 7, We did not locate any Environmental issues such as Io IL" � - Io o p i, but not limited to Wet lands, etc. j n m �, ,, I ool ,, ° y (n 8, Unless otherwise noted, oil lots have o 10-foot rn z „ , II rt o ; I " M W Drainage and Utility Easement along the Road frontage O'1 1 I I r�i- I L_ I _-_-_--_--_-_ �I _---_- _-_J �_-. � w..._ �i --11 lot lines. 20'C71_ QO 9. Utilities are to be survey by: Fairhope Water, �• ' p u,I w I- _ - _ - _ - _ -I Z n+ 1 10SeweUnless asotherwise noted all lot corners have � CAI - -g o9 „ ° 00 00 4 ` 87.07' � CJi G. i ; I CA S QO_j5_11 W o N 00 24 13 E- ° ° �I �� �� 104.00 104.00 I -r capped steel rods set. i .o _ rJ �,�-- - , �� 9 25.00 P . 11. Total number of lots 18. C7 I ' �- I w wl�' 9� O al or `' 12. SrrmI lest lot size 4,330 Square Feet. `. N - D-`D 1 V I I� �O PARKER COURT N 13, This Project is a PLANNED UNIT DEVELOPMENT. o i I �' o 0 0'-- �+ O 14. Building Setbacks are as follows: L.o rn N' 3 i ONI - - - - - - - - - - - - - - - - - - - - ' tT 00i Front Yard 20-feet Side Yard 5-feet 0 0 �' a v O In v m N 00° 15' 00" E 345.00` 40 Right-of-wayRear Yard 15-feet c v a) 1 - ^ t 0 n Unless otherwise Noted - I I- _ r° to 9) yo (a y °oN 'a N a �, I °o ti m I I 177 - O o I rd��i 4 46.75' , °� V o I I I J I gyp° 86.94' 104A0' 79.06' r- ° Q ( m :: 20 S j, O a) i I _ 0� -__ _.O� _o ... ---._. ... I w I I UI --_--_ ___-_ (p _---_ �. --_-_ --_-_ O---____ L4 I -_-_-_--_I o w P Do �� n r1J 94.91' 94.90' Ito I o N �� a, �' co nUi Co _. O In O ° O O (0; Ln t`+ I o �1 N 000 15' 00" E 189.81' 00 N Ln w Ln °c° `I � O N w 1 Ci y Cal co 0 o Common Area o I I -LA c `°Jn , ; �. I , O I of CID N� , y &Drainage Easement m I I rTl o (b m ' i 12.00 fl 1' - 94.91 e- 94.90 104.00 . 104.00 72.03 . , • z Found Re -bar & Cam N 0 0° 15' 0 0" E 6 31.7 2' a ` 0 O 0. fi' ra oo Ln 0 I, 3.0 � -- A. ores � rn / n I I; o (D L'p cam,, SURVEYOR' S CERTIFICATE: STATE OF ALABAMA) o COUNTY OF BALDWIN) I , Seth W, Moore, a registered land surveyor., hereby state that all parts of this survey and Subdivision plat have been completed in accordance with the requirements of the Minimum Technical a7 U; U) _' o c,�� Standards for the Practice of Land Surveying in the State of 0-0 1 Alabama and that the attached is;a'true-and correct map of the <� following description. Ln n1 j From the Southeast Corner of Section 15, Township 6 South, Range C 2 East, Baldwin County, Alabama, and run thence North 89 54' 00" _* 0) West 450 76 f t t ' t " �� II o � li N B I a m it PE PLANNING COMMISSION FAIRHOPE STATE OF ALABAMA) COUNTY OF'.EiALDWIN) CITY OF FAIRHOPE) We, the PLr�NING AND ZONING COMMISSION of the CI7'i;OF FAIRHOPE, ALABAMA, do hereby ap(,-, lave the w i th i n SubdivisIoll on this the .-day of F-'-- � 2003. PLANNING -i ZONING COMMISSION OF THE CITY OF F/ i1?HOPE , ALABAMA I Secreitaryl 1 Q-%k ')0aSU'VEYIN' INC. M. 0' 40' 80, 120' GRAPHIC SCALE II" = 40' PROI'ESSIONAL LAND SURVEYING 555 NCJRTH ON STREE'� FAIRHOPE ALABAMA 36532 STREET, 7 PHONE 51) 928 -- 67 FAX (251) 990 - 6Q`�0 SEAL ee 4 a pole , thence run North 00 15 00 East, 1 33 feet more or less, to on iron pin lying on the North Righit-of- Building Setbacks for lots 6 through 10 are to be as follows: ,. Front Setback = 20-feet way I.ine of Habek WindmiA I Roadfor the POINT, OF BEGINNING: I: thence continue North 00 15' 00"East, 631.72 feet to an iron "Side Setback = 5-feet I` pin; thence run South 89 54' 48" West, 206.70 feet to an iron Rear Setback =l5-feet pin; thence run South 00 15' 00" West, 631.35 feet to an iroln pin Building Setbacks for lots 5 and 11 are to be as follows: ' lying on said North 'Right -of -way -line; thence run South 891 54' ! 00" East, along said North Right-of-way line, 206.92 feet to the Front Setback = 20-feet '! POINT OF BEGINNING. Tract contains 3.0 acres, more or less. Side Setback = 5-feet I; Side Street Setback =l5-feet I further state that the improvements presently situated oni said Rear Setback=15-feet property are located within the boundaries thereof; that there Building Setbacks for lots 1 and 4 are to be as follows: are n o encroachments upon said p r, o.p e r t y b y b u i I d i n g s o r f l e n c e s a' situated on adjoining property; and that there are n4 `joint Front Setback = 20-feet driveways, easements, nor rights -of -way visible on the surface, West Side Setback = 5-feet - except as noted hereon. "`! Al according to.m y East Side Setback = 7.5-feet y survey made e this the 12 t h day of June, 2 003 . Rear Setback =l5-feet I I also state that I have examined'the current FIA Official Flood Hazard Map, Community Number 010006, Panel, Number 0540 K, and Building Setbacks for lots 2 and 3 are to be as follows: found referenced lot above lies i n I F I o o d Zone ; X. Front Setback = 20-feet I so state that this drawing and or cert i f icat ion does not West Side Setback = 7.5-feet re lect any title or easement research,, other than what is East Side Setback = 5-feet i i b l e on the ground or provided b y the clients a,t time of u vey. Rear Setback - 15-feet - EXAILD I N 6 <e-rBI.GLSins Lor'f'.-1re�Ibe_a55A0,vJ/✓ o,jTAIs PLA--. h W. Moore, P.L.S. Ala. Reg. No. 16671 LEGEND ARC = Arc Length TON CAL =calculated DRAWN BY SW Moore CL C Center -line CAB = Cable TV C�NC = concrete PATE 6/ 12/03T1L,1]VG P-1--y-14 C V =Covered ELEC = Electrical ELEV = Elevation JOB FC MSD FMeasured nce Crner NUMBER 2003-147 A PLANNED UNIT DEVELOPMENT pPH = Overhead Power Pro PP = Powerrtyoleine FIELD WORK R _ Radius IN FAIRHOPE A L .A. BA MA. REC = Recorded TEL = Telephone SHEET - - UG = Underground OF WL = Water Line SCALE ill = 40' „ I r