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HomeMy WebLinkAboutO-1278ORDINANCE NO. 1278 AN ORDINANCE AMENDING ORDINANCE NO. 1253 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. 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: 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 Fairfield Financial LLC, generally located at the Northeast corner of Twin Beech Road and Boothe Road, Fairhope, Alabama, Fairfield Subdivision Phase VI. Legal Description: (Case Number ZC 05.15) BEGINNING AT THE SOUTHWEST CORNER OF FAIRFIELD PLACE, UNIT III, SLIDE NUMBER 1814-B, THENCE RUN S-89°54'52"-W, ALONG THE NORTH RIGHT-OF-WAY LINE OF BALDWIN COUNTY ROAD NUMBER 44, 367.65 FEET TO A POINT WHIHCH IS THE INTERSECTION OF BALDWIN COUNTY ROAD NUMBER 44 AND BOOTH ROAD; THENCE RUN N-00009'04"-W, LEAVING THE NORTH RIGHT-OF-WAY LINE OF BALDWIN COUNTY ROAD NUMBER 44, AND ALONG THE EAST RIGHT-OF-WAY LINE OF BOOTH ROAD, 930.38 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST CORNER OF FAIRFIELD PLACE, UNIT IV; THENCE RUN N-89°49'52"-E, LEAVING SAID EAST RIGHT-OF-WAY LINE OF BOOTH ROAD AND ALONG THE SOUTH BOUNDARY OF FAIRFIELD PLACE, UNIT IV, 111.50 FEET TO A POINT; THENCE RUN S-79°25'03"-E, ALONG SAID SOUTH BOUNDARY OF FAIRFIELD PLACE, UNIT IV, 211.52 FEET TO A POINT; THENCE RUN S-79°57' 12"-E, ALONG SAID SOUTH BOUNDARY OF FAIRFIELD PLACE, UNIT IV, 94.76 FEET TO A POINT; THENCE RUN S- 55021'26"-E, ALONG SAID SOUTH BOUNDARY OF FAIRFIELD PLACE, UNIT IV, 299.44 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF FAIRFIELD PLACE, UNIT III; THENCE RUN S-35051'49"-W, ALONG SAID EAST BOUNDARY OF FAIRFIELD PLACE, UNIT III, 172.47 FEET TO A POINT; THENCE RUN N-82°34' 18"-W, ALONG SAID EAST BOUNDARY OF FAIRFIELD PLACE, UNIT III, 92.94 FEET TO A POINT; THENCE RUN S-37027'39"-W, ALONG SAID EAST BOUNDARY OF FAIRFIELD PLACE, UNIT III, 159.64 FEET TO A POINT; THENCE RUN S-00010'08"-E, ALONG SAID EAST BOUNDARY OF FAIRFIELD PLACE, UNIT III, 450.09 FEET TO THE POINT OF BEGINNING, CONTAINING 9.24 ACRES, MORE OR LESS. 1. That, a map of property to be rezoned is attached as "Exhibit A" 2. That, Attached as "Exhibit B" 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 Ordinance No. 1278 Fairfield Financial Phase IV Page —2- 3. That, the following development regulations shall govern: Lot sizes: The sizes are specified on the site plan. Uses: Residential only — Five (5) detached single-family units and twenty-seven (27) townhomes. Building Height: All residential structures shall have a maximum building height of 30 feet. Lot Coverage: Maximum lot coverage is 31.5% Setbacks: These are indicated on the site plan. 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, stucco, or hardi board. That, all signs must meet City requirements. The property is hereby rezoned from R-3 High Density Single Family to a Planned Unit Development (PUD). This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 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. 1253. 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 28th DAY OF November , 2005 Tim y M. ant, M yor ATTEST: Q�2'e Geniece W. Johnson, Ci C e reasurer t 1 By: FATIZIJO PLANNING COMNICSSTON FINAL IZFP0IZT OF ZONING A-N,IFNDNIF,NT Text Change to Zoning Ordinance Request for change of Zoning District (Applilt) b � Description and Map is attached the COmnvssion has held a public hearing on this matter prior to this final report and wishes o report to the rairhope City Council as follows: We (Do) (Do Riot) recommend the proposed zoning text changes as wise, expedient and necessary for the benefit of the City 4"Ie 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 Mplementing the proposed changes as provided by law. Members Present Voting Aye Voting Nay Abstain Respectfully submitted: Chairman ---------- - CITY OF FAIRHOPE PLANNING AND ZONING COMMISSION COVER SHEET October 3, 2005 ZC 05-15 Public Hearing to Consider the Request of Fairfield Financial, LLC for a Zoning Change from R-3 High Density Single Family to PUD Planned Unit Development (Generally located at the northeast corner of Twin Beech Rd. and Boothe Rd. STAFF INTERPRETATION: Scott Hutchinson is representing Fairfield Financial, LLC in this request. The property contains approximately 9.5 acres and is currently zoned R-3 High Density Single Family Residential. The issues associated'with this request are as follows: Comprehensive Plan: This request is not contrary to the plan. Street Requirements: The developer is providing connectivity. Lots: The lots are double fronted, however, the landscape plan attempts to deal with this issue. Drainage: This was tabled at the August meeting until further drainage calculations and improvements were completed. This has been provided and sent to Thompson Engineering for second party review. A full report from them is not available at the time of writing this cover sheet. It will be' provided before the meeting. A 37 Density: R-3 would permit approximately 45 units. This PUD is proposing, a net reduction of/ u nits. �� zS Housing Type: There areydetached single family units. There are townhomes proposed. Appropriate parking and guest parking has been provided. Setbacks: These are noted on the plans. Building Height: 30' to the ridge of the roof. STAFF RECOMMENDATION: A recommendation cannot be made until drainage calculations have been reviewed further and the report from Thompson Engineering has been reviewed. Staff will make a recommendation at the meeting. Respectfully Submitted for Consideration, Summer Woo son - Planner CITY OF FAIRHOPE PLANNING AND ZONING COMMISSION COVER SHEET October 3, 2005 IZC 05-15 Public Hearing to Consider the Request of Fairfield Financial, LLC for a Zoning Change from R-3 High Density Single Family to PUD Planned Unit Development (Generally located at the northeast corner of Twin Beech Rd. and Boothe Rd. STAFF INTERPRETATION: Scott Hutchinson is representing Fairfield Financial, LLC in this request. The property contains approximately 9.5 acres and is currently zoned R-3 High Density Single Family Residential. The issues associated with this request are as follows: Comprehensive Plan: This request is not contrary to the plan. Street Requirements: The developer is providing connectivity. Lots: The lots are double fronted, however, the landscape plan attempts to deal with this issue. Drainage: This was tabled at the August meeting until further drainage calculations and improvements were completed. This has been provided and sent to Thompson Engineering for second party review. A full report from them is not available at the time of writing this cover sheet. It will be provided before the meeting. 37 Density: R-3 would permit approximately 45 units. This PUD is proposing, a net reduction of/. nits. 15 2 2S Housing Type: There areydetached single family units. There are X townhomes proposed. Appropriate parking and guest parking has been provided. Setbacks: These are noted on the plans. Building Height: 30' to the ridge of the roof. Fairfield DESCRIPTION OF SURVEY: BEGINNING AT THE SOUTHWEST CORNER OF FAIRFIELD PLACE, UNIT III, SLIDE NUMBER 1814-B, THENCE RUN S-89'54'52"-W, ALONG THE NORTH RIGHT-OF-WAY LINE OF BALDWIN COUNTY ROAD NUMBER 44, 367.65 FEET TO A POINT WHICH IS THE INTERSECTION OF BALDWIN COUNTY ROAD NUMBER 44 AND BOOTH ROAD; THENCE RUN N-00'09'04"-W, LEAVING THE NORTH RIGHT-OF-WAY LINE OF BALDWIN COUNTY ROAD NUMBER 44, AND ALONG THE EAST RIGHT-OF-WAY LINE OF BOOTH ROAD, 930.38 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST CORNER OF FAIRFIELD PLACE, UNIT IV; THENCE RUN N-89'49'52"-E, LEAVING SAID EAST RIGHT-OF-WAY LINE OF BOOTH ROAD AND ALONG THE SOUTH BOUNDARY OF FAIRFIELD PLACE, UNIT IV, 111.50 FEET TO A POINT; THENCE RUN S-79'25'03"-E, ALONG SAID SOUTH BOUNDARY OF FAIRFIELD PLACE, UNIT IV, 211.52 FEET TO A POINT; THENCE RUN S-79'57'12"-E, ALONG SAID SOUTH BOUNDARY OF FAIRFIELD PLACE, UNIT IV, 94.76 FEET TO A POINT; THENCE RUN S-55'21'26"-E, ALONG SAID SOUTH BOUNDARY OF FAIRFIELD PLACE, UNIT IV, 299.44 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF FAIRFIELD PLACE, UNIT III; THENCE RUN S-35'51'49"-W, ALONG SAID EAST BOUNDARY OF FAIRFIELD PLACE, UNIT III, 172.47 FEET TO A POINT; THENCE RUN N-82'34'18"-W, ALONG SAID EAST BOUNDARY OF FAIRFIELD PLACE, UNIT III, 92.94 FEET TO A POINT; THENCE RUN S-37'27'39"-W, ALONG SAID EAST BOUNDARY OF FAIRFIELD PLACE, UNIT III, 159.64 FEET TO A POINT; THENCE RUN S-00'10'08"-E, ALONG SAID EAST BOUNDARY OF FAIRFIELD PLACE, UNIT III, 450.09 FEET TO THE POINT OF BEGINNING, CONTAINING 9.24 ACRES, MORE OR LESS. I HEREBY STATE THAT ALL PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN ACCORDANCE WITH THE CURRENT REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF ALABAMA TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. JOH E. PCILLEY, P.L. DATE ALABAMA LI E SE NUMB 23660 ai�De('WV g£:ST:TT SOOZ/9Z/OT 'E)Ma'OdO1LZTZ\TOOT\LZTZ\006Z8\:d LOT 91 LOT b2 LOT 67 \ Tatif^iefd UtitV1 Wildu�ood;ALxes ant Na rID-e , n�-mo-wP.Pos ' ' os-w-ro-:1-a-POP-ozomu Ps-w-m-zl-P-mP-wmo5 Ps-As-os-x1- f1 ICI i I HuTa-mvsw, MooxE & RAucx, LLC -on —IM —FT. 9BTF O TEL (251) 626-2626 GRAPBC SCATS 11O,a. a s OWNER THE RIVERTON LAND DON P.O. BOX 458 FAWHOPE. AIABAN 3653 DPBfiGDNING PLAM � � ENGINEER AAUE9 m1-I TAT 5 SCOTT A. HUTORFSON. P.E. ALA 110. N0. 21AT0 SURVEYOR JOHNNT E HOLLEY. P.L& I ALA. LI0. N0. 23880 a SITE DATA PRESENTLY ZONED R-3 NUMBER OF CARDEN HONE LOTS . 12 NUMBER OF TOWNNONES - 25 TOTAL ACREAGE OF SITE - 9.2t ACRES TOTAL DENSITY OF SITE 20.5% 3 I U I y TAT 3 3 � j I D �.�PT1o�F PROPERTY L O BEGINNING AT THE ITCORNER OF fAIRF1ELD PLACE, UNIT II, SLIDE I O TAT 2 NUMBER 1814-8, THENCE RUN S-89'54'52" % ALONG THE NORTH v PoONT-OF-WAY LINE OF BALDWW COUNTY ROAD NUMBER 44, 387.65 FEET TO A y POINT WHICH IS THE KTERSECTION OF BALDWOF COUNTY ROAD NUMBER 44 AND BOOTH ROAD: THENCE RUN N-00'O9'04'-W. LEARNT THE NORTH RIGHT-OF-WAl LINE OF BA D'MN COUNTY ROAD NUMBER 44. AND ADM THE EAST RIGHT-OF-WAY IRE OF BOOTH ROAD. 930.38 FEET TO A PONT. SAID POINT BEING THE SOURINEST OORER OF FAIRFIEID PLACE, UNIT M, THENCE RUN 3 I N-89'49'52'-E LEAVNG SAID EAST RIGHT-OF-WAY LINE OF BOOTH ROAD AND ALONG THE SOUTH 9ONDARY OF FNRFIEW PLACE. UNIT N. 111.50 FEET TO A POINT: THENCE RUN S-791 5E. ALO NG SAID SOUTH BOUNDARY OF FAIRFIEL PLACE. UNIT N. 211.52 FEET 70 A POW: THENCE ION S-7W37'12'-E. ALONG 3 LOT 1 SAID SOUTH BOUNDARY OF FAIRFIElD PUCE UNIT W. 94.76 FEET TO A POINT: -3 THENCE RUN S5'21'26'-E. ALONG SAID SOUTH BOUNDARY OF FAIRFIELD PLAC UNIT N. 290.44 FEET TO A PORT. SAID POINT BEING THE NORTHwiT CORNER I OF FAIRFIELD PUCE, UNIT Fk THENCE RUN S-3S5149 A ALONG SND FAST BOUNDARY OF FAIRFIELD PUCE UNIT 9L M47 FEET TO A PONE THENCE RUN N-8234'15�% ALONG SAID EST BOUNDARY OF FAI6IID PLACE. UNIT N, 92,' FEET TO A POW., THENCE RUN S-3T27'39'-W, ALONG SAID EAST BOUNDARY 0 FARFIELD PUCE. UNIT ML 159.64 FEET TO A POINT; THENCE RUN S-00'10'OB'- ALONG SAID EAST BOUNDARY OF FAIR. PLACE, UHT W. 450.09 FEET TO THE. PDINT OF BEGINNING, CONTAINING 9.24'ACRES. MORE OR LESS. FOUNDH&S DR. I a � I 1 MASTER PLAN FOR A PLANNED UNIT DEVELOPMt BOOTHE ROAD AND BALDWIN COUNTY HIGHWAY 44 THE RIVERTON LAND COMPANY, LLC