HomeMy WebLinkAboutO-1273ORDINANCE NO. 1273
AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING
ORDINANCE TO ESTABLISH A PLANNED UNIT DEVELOPMENT TO BE KNOWN
AS EAST PARK SUBDIVISION; TO APPROVE A SITE PLAN; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows:
The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, 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:
After 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 Wendell Barnhill generally located East of U. S. Highway 98 just North of Parker Road.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA:
1.
That, in Case Number ZC 05.07 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;
Legal Description: (Case number ZC 05.07)
From the northeast corner of Section 5, Township 6 south, Range 2 east, Baldwin County, Alabama; Run
thence north 89 degrees 37 minutes 22 seconds west 1545.07 feet to an iron pipe for the point of beginning;
Thence run south 00 degrees 03 minutes 54 seconds west 519.71 feet to a concrete monument; Thence run
south 00 degrees 05 minutes 49 seconds west 615.34 feet to an iron pipe; Thence run north 89 degrees 17
minutes 09 seconds west 332.05 feet to and iron pipe; Thence run south 00 degrees 00 minutes 55 seconds
west 150.23 feet to and iron pipe; Thence run north 89 degrees 30 minutes 03 seconds west, 83.81 feet to a
concrete monument; Thence run north 89 degrees 19 minutes 08 seconds west 15.98 feet to and iron pipe;
Thence run north 00 degrees 01 minutes 23 seconds west 397.68 feet to an iron pipe; thence run north 00
degrees 05 minutes 22 seconds west 327.17 feet to an iron pipe; Thence run south 89 degrees 39 minutes 22
seconds west 83.29 feet to an iron pipe; Thence run north 00 degrees 01 minutes 58 seconds east 279.96
feet to an iron pipe; Thence run north 89 degrees 43 minutes 03 seconds east 83.13 feet to an iron pipe;
Thence run north 00 degrees 02 minutes 25 seconds east 284.62 feet to an iron pipe; Thence run south 88
degrees 43 minutes 30 seconds east 434.10 feet to the point of beginning, containing 12.18 acres more or
less.
2.
That, Attached as "Exhibit A" is an approved site plan. The property must develop in substantial
conformance with the approved site plan.
3.
That, the following development regulations shall govern:
Lot sizes: The sizes are specified on the site plan.
Uses: Single Family Residential only.
Building Height: All residential structures shall have a maximum building height of 35 feet.
Lot Coverage: Maximum lot coverage is 65%.
Setbacks: These are indicated on the site plan.
Ordinance No.
East Park Subdivision
Page —2-
4.
That, sidewalks and street trees as required by the Subdivision Regulations will be required.
5.
That, the primary exterior construction materials shall be brick, wood, stucco, or vinyl siding.
That, all signs must meet City requirements.
6.
7.
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.
8.
EFFECTIVE DATE. This ordinance shall take effect upon its due adoption and publication as required by
law.
APPROVED BY THE CITY COUNCIL THIS 24`h Day of October , 2005.
vJ
i thy M. ant, ayor
ATTEST:
Geniece W. Johnson, City Cle reasurer
i
s
- 'FAIRI-IOPE 13LANNING COMMIMION
FINAL REPORT OF ZONIiP\G ANI I;.NDNll.�'N
Text Change to Zoning Ordinance ]�
• �, 4Request for change of Zoning District P / � � f� b
r By: 1 � )
(Applicant)
Description and Alap is atfached
The Conunission his held a public hearing on this matter prior to this final report and wishes
'to report to the hairhope City Council as follows:
We (Do) (Do Not) recommend the proposed zoning text changes as wise,
expedient and necessary for the benefit of the City
We find that the proposed zoning district change Is (Is Not) in conforniity
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 Ave Voting Nay Abstain
H
Respectfully submitted:
Chairman
FATI OPE PLANNIN(: (Y)IVINj!SSInN
FINAL Itlsl'U12'I' Oh %ONLn'(. �MI?N1)MI;N'I'
u _07PC]':1? RC
Text Change to Zoning Ordinance
Request for change of Zoning District
By:
(Applicant)
Description and nNIap is attached
The Commission has held a public hearing on this matter prior to this final report and wishes
to report to the Pairlhope City Council as follows:
' —We (Do) (Do Not) recommend the proposed zoning text changes as wise,
�( expedient and necessary for the benefit of the City
r` We find that the proposed zoning 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.
i Members Present Voting Aye
L
Rev. 9/9S
Voting Nay .Abstain
Respectfully submitted:
hairman
IN
J
S201
CITY OF FAIRHOPE
CITY COUNCIL COVER SHEET
October 24, 2005
ZC 05.07 Public Hearing to Consider the Request of Mr. Wendall Barnhill
for a Zoning Change from R1-Single Family Non -Conforming to
a Planned Unit Development (Generally Located East of US
Hwy 98 Just North of Parker Rd)
Mr. Barnhill owns this 12.18 acre parcel of property that is currently used as a
trailer park. The property was annexed into the City after the trailer park was
established, thus, it is considered non -conforming. It is zoned R1. Mr. Barnhill
wants to rezone the property to a PUD, remove the trailers, and develop a
conventional single family subdivision. The reason the application is a PUD is
because the lots are smaller than zoning districts allow.
The property to the South is either zoned 132 or is not in the City. The property to
the East is not in the City, the West is not in the City, and the North is in the City
and zoned R1.
The issues associated with this development proposal are as follows:
Comprehensive Plan: The request is not contrary to the plan.
Improvements: This request will allow the conversion of the trailer park to a
conventional single family development. Currently there are 90 mobile homes
spaces. The development proposal will create 47 total lots — a reduction in
density by approximately %.
Layout: The layout follows the spirit of our subdivision requirements.
Connections are not proposed to the East, as it is an existing built -out residential
neighborhood.
Homes: The homes will be front loaded with double car garages. The drives will
be as wide as the garage so that cars do not overhang onto the sidewalk.
Screening: A 6' wooden stockade fence is proposed around the perimeter of
the development.
Building Height: 40' is proposed.
Lot Coverage: 65% is proposed.
rC �
Sidewalks: Sidewalks will be constructed that meet City requirements.
Streets: The street is private currently; with the replatting of the property the
streets will become public. Currently there is not curb and gutter, this will be
required with the preliminary plat.
Planning Commission: P&Z Commission recommended approval with a
building height of 30'. This case was heard at the September 6th meeting.
Staff has received several phone calls in support of the application, since it is the
conversion of a mobile home park to a conventional subdivision.
STAFF RECOMMEDATION:
To approve with a building height of 30'.
Respectfully Submitted for Consideration,
" N4" ��
Su mer Woodson
Planner
NOTES
OWNER: WENDELL A CHARLOTTE BARNHILL 1. IWMreER OF IOTA n o ---" -
1FAAH11 INPE. A E STREET 2 CowMory AND MTENTgN � SHUL M.RNTANm _ e 3g
251..0PE, AL 36532 BY THE PROPERtt OWNERS ASSOOATION. °f e°P� c E
251.928.627a
1 ALL lg1S $11NE BE SWGE FAWLY RE40DNWAL
AGENT: WI
BARNNILL .. BURONc SETBACe REWNEYpI1S » FIPN /- z s auATA m = • g
iA. -MOBILE1
ISO GOVERNMENT STREET A. - 2tl
251.43, 12 36602 SIDE _ IV 151.43I.1287
S 10 G•TWUQ µp UWLIIY EASEMENT ALONG ALL SIPEFT FROrrI PROPERtt UNE OAum®,Tx M+9 a v W
i ALL m15 SHALL HAYS A IA DRA IV µ0 UTWtt EASdENT Wx¢ - orOe(n0 �= WAwA�N M4S
ENGINEER: HATCH YOTT YOGOONALO ON TTs FRONT LOT AR Arm A 15' DRADNAGE Ar.O UIMITT vA • 1p�1e 1p11 - - - II� cT.
YOBLLE. AL 36608IGHWAY EASEMENT ON 1H BEAR lDT wE (C'ENRRm ox Trq LOTS MHII APPuee9LE1
HIGH RIDGE ROAD (50' R/W) a ��. D MMu
251343.4366 i FM 1H lOGT1CN K ALL UNOENOpUND 1IR11[S -Y-*_ \ .. /
sEE ca+sTlWrnoN RAxS IAs-BULTs oATm __�_�_> v+- ro�::'� y ..
4.
ZONING: "RI - nonconforming' EAST PARK PLAZA MOBILE HOME PARK sTG+u ORNNA. AND uTu1Es wY a RDUTm THROLw \\`
- - - - - - - \
THERE ARE CURRENTLY APPROX. 90 MOBILE HOME SITES. WITH 9 _M AREAS, INOUONO mE10NWw Pops wo PUbt AREA1 a
APPROX. 50 MOBILE HOME SITES FILLED. 11. sceWAER3 S ESE CGNSNunm AT TIDE p HODSE CONSNUCROA
CA M19TINN M TEARS OF RAT REC-I NDCHEeER COMES FIRST.
PROPOSED LAND USE: 'PUD' - SINGLE FAMILY RESIDENTIAL AND 9fALL ESE CONS-- m qtt OF fAw4Pe STAN0ND3
SmEMAUcS 9NALL BE CONSNUCTED W A eR.NNER
DESTWOY. DBRIRB. OR ORTRUCT PROPFAtt NRTERS '�
TOTAL ACREAGE IN TRACT: 12104 ACRES3 IS WE POE uwNTm MAADq[ A-- PER LOT. NO INIDc uAABozES
SMALLEST LOT SIZE: 0.145 ACRES 2 ARE ALLOxEO As PEv TtE CGY OF FANHOFE SUBON5IIXR REGRATpNi O m TOTAL NUMBER OF LOTS: 47 11 NOE eAZEn nDaEss ARE AuorEp N AagRDANCE NTN ulr oRpNAN¢ �/ I C I N I T Y M A P
LINEAR FEET SP STREETS: 1,175 LF
AC aunONG HEx911 xWE BE 2-smNr ce .o•, Nealewe rs xaRE sTRWGNT. W. W> Q
TOTAL GREENSPACE (PARK AREA): 1.06 ACRES2 14. uAoea
ti FNTRµCE 9lN MILL BE SOIOR AT 1H TIME CP PR1—Y PUT APPROVAL 1pP "' a�j9 S0�"6 OPO "P��PpOfG y,e "P POPry � � W
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