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Home My WebLink AboutO-1238.0 C G ti se s• is Mi•% � 17IT r• yVtAA C i• Wp,a O/ a.t •'. x ro� 7C � r- i Its ORDINANCE NO. 1238 AN ORDINANCE AMENDING ORDINANCE NO.557 KNOWN AS THE ZONING ORDINANCE TO ESTABLISH A PLANNED UNIT DEVELOPMENT CONCURRENT WITH ANNEXATION TO BE KNOWN AS STONE CREEK 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 McPhillips Land Co, LLC is located on the East side of Highway 27 at the intersection of County Road 44 and Highway 27. Legal Description: (Case Number ZC 04.10) Commence at the Northwest Corner of Section 26, Township 6 South, Range 2 East, Baldwin County, Alabama; Run thence South 89 degrees, 46 minutes, 22 seconds East, for 1340.51 feet to the POINT OF BEGINNING; continue thence South 89 degrees, 46 minutes, 21 seconds East for 1340.47 feet; Run thence South 00 degrees, 06 minutes, 16 seconds West for 3971.42 feet; Run thence North 89 degrees, 52 minutes, 56 seconds West for 2639.72 feet to the East right-of-way of Baldwin County Road No. 27; Run thence North 00 degrees, 05 minutes, 11 seconds East along the East right-of-way of said Baldwin County Road No. 27 for 2664.32 feet; run thence North 86 degrees, 33 minutes, 54 seconds East for 435.25 feet; Run thence North 85 degrees, 21 minutes, 25 seconds, East for 647.78 feet; run thence North 10 degrees, 27 minutes, 59 seconds East for 174.95 feet; run thence North 58 degrees, 08 minutes, 01 seconds East for 576.09 feet; run thence South 65 degrees, 35 minutes, 06 seconds East for 626.63 feet; Run thence North 85 degrees, 25 minutes, 32 seconds, East for 450.84 feet; Run thence North 00 degrees, 06 minutes, 16 seconds, East for 950.11 feet; Run thence North 89 degrees, 46 minutes, 21 seconds West for 1320.47 feet; Run thence North 00 degrees 06 minutes 19 seconds East for 20.00 feet to the POINT OF BEGINNING. Contains 174.76 acres more or less A map of the property to be rezoned is attached as Exhibit A. This attachment is an approved site plan. The property must develop in substantial conformance with the approved site plan. 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 sizes: The sizes are specified on the site plan. Q Bernd -4,: CITY OF FAIRHOPE P. 0. DWR 429 FAIRHOPE, AL 36M Ordinance No. 1238 Stone Creek — PUB Page —2- Uses: Commercial Lots 1-4 shall be allowed uses in the Bl and B4 zoning districts as well as bed and breakfast, churches, and daycare. The total maximum sq. ft. of commercial space on lots 1-4 is 106,200 sq. ft. with no single tenant or building occupying more than 18,000 sq. ft. A maximum of 35 condominium units are allowed above commercial uses on lots 1-4. All other lots are residential use only. Building Height: All residential structures shall have a maximum building height of 35 feet and all commercial or mixed use structures shall have a maximum building height of 40 feet measured as defined in the Zoning Ordinance. Church steeples and architectural features such as bell/clock tower shall be up to 50 feet. Lot Coverage: Maximum lot coverage residential 60% and commercial lots 1-4 50%. Setbacks: These are indicated on the site plan. Accessory Buildings: Full accessory building living areas (kitchen, full bath) are permitted, but shall be not more than 650 sq. ft. One accessory building per lot is allowed. Accessory buildings shall be no taller than the principle structure. Alleys: Lots 48-53 and 60-65 and 211-226 shall have garage access from the alley only. 1. That, sidewalks and street trees as required by the Subdivision Regulations will be required. 2. That, the primary exterior construction materials shall be brick, wood, hardi- plank, stucco. 3. That, the City of Fairhope, Alabama shall not maintain the community buildings and recreation area. 4. That, all signs must meet City requirements. 5. That, all landscaping requirements will be met or exceeded. 6. That, the developer(s) during the subdivision of the property will work with the City and the County on providing and/or planning for the extension of Co. Rd. 44 on/ through/ or on additional property as may be required on the northern boundary of the development. &nd fb: CITY OF FAIRHOPE P.O. DWR 429 FAIRHOPE, AL 36533 Instrument $73478 Page 20f 5 W _? U Ln le �U U aw- a O M ol. z Uj O 1=— Ordinance No. 1238 Stone Creek — PUD Page —3- City Council Approval: • Approve the Planning and Zoning Commissions recommendations • Additionally the developer will deed restrict that portion of the lot that is within the wetlands, which will prohibit any construction or violations of Corps of Engineers permitting. • Additionally the developer will provide a sign at each rear lot corner where the wetland line exists starting the wetlands boundary and referencing its restrictive use. • Additionally the developer will provide an article in the restrictive covenants that clearly describes the restrictive nature of filling or constructing within the wetlands • The developers and homeowners will work with Weeks Bay Estuary to educate the developers and homeowners on living next to wetlands. The classification of said property is hereby changed to Planned Unit Development concurrent with annexation. 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 sough 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. 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. ADOPTED ON THE 27" day of December , 2004 &rd 4t I CITY OF FAIRHOPE P. 0. DWR 429 FAIRHOPE, AL 36533 Instrusent 873478 Page 3of 5 CITY OF FAIRHOPE CONDITIONAL PETITION FOR ANNEXATION FORM STATE OF ALABAMA )( COUNTY OF BALDWIN )( s` GIN 0 AIRHOPE P, 0. DWR 429 FAIRHOPE, AL 36533 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 PUD CONCURRENT WITH ANNEXATION. IN WITNESS WHEREOF, the PETITIONER(S) have caused these presents to be executed this 16TH day of NOVEMBER 2004 _MCPHILLIPS LAND CO., L.L.C. tiggf petitioner H. M. %MH rLL S, JR. Print petitioner's name Signature of petitioner Print petitioner's name Physical Address of property being annexed: Petitioner's Current Physical Address: Petitioner's Current Mailing Address: 301 YEEND STREET P. 0. BOX 169 MOBILE, AL 36603 MOBILE. AL 36601 Telephone Number(s): 251/470-1773 251/438-1681 Home Work County Tax Parcel Number: 46-07-26-0-000-002.000 U.S. JUSTICE DEPARTMENT INFORMATION ❑ Size of property (acres or square feet) 174.76 ❑ If property is occupied, give number of housing units. ❑ Number of Persons residing in each unit, and their race ❑ If property is unoccupied, give proposed use 257 RESIDENTIAL LOTS AND 4 COMMERCIAL LOTS ❑ 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, TYRON D. HOSKINS a Notary Public in and for said State and County, hereby certify that the above PETITIONER(s) whose name(s) is/are signed to the forgoing Petition and who is/are known to me, this day appeared ----%n1brfbre�•q1p� and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same +' ' Dart •' ,•,;�/y'Qiven under my Hand and Seal this day of , 200 �.Seal�.:; Vi z' ib � .; j, .• R.i 4, 1 pre ared by: b�ftiC oF�pC ►` lerk, City of Fairhope NMOt Public P.'Ci.'Dl"awe:�29, Fairhope, AL 36533 (251) 928-2136 mmission expires My Commission Expires 03/26f05 . �•,, I�l2�G01 Instrument 87347E Page 40f 5 CITY OF FAIRHOPE PETITION FOR ANNEXATION I SITE Owner: McPhillips Land Co., L.L.C. The property to the North of Site is Zoned R - 2 Single Family. Q coy 0, The proposed Site is contiguous to the adjacent property. N o Powell Send f-o: CITY OF FAIRHOPE P.O. DWR 429 FAIRHOPE, AL 3M Instrument 873478 Page 5of 5 Archive tie 5.00 OP Fe- NO00 Deed Tax Mortgage Mineral Tax Reerr.' n, • rc Index Fee t ; ' P n t.:w, , i