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
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HuTa-mvsw, MooxE & RAucx, LLC
-on —IM —FT. 9BTF O TEL (251) 626-2626
GRAPBC SCATS
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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%
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U I y TAT 3
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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.
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MASTER PLAN FOR A PLANNED UNIT DEVELOPMt
BOOTHE ROAD AND BALDWIN COUNTY HIGHWAY 44
THE RIVERTON LAND COMPANY, LLC