The URL can be used to link to this page

Home My WebLink AboutO-1279ORDINANCE NO. 1279 AN ORDINANCE AMENDING ORDINANCE NO.557 KNOWN AS THE ZONING ORDINANCE AMENDING ORDINANCE NO. 1171 PUD FOR HUNTINGTON SUBDIVISION SECOND AMENDMENT TO HUNTINGTON SUBDIVISION PUD 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 known as Huntington Subdivision and once known as Oak Hill Subdivision (Case ZC 03.03). The property is currently owned by Riverbrooke Capital Partners. The property is generally located West of US Highway 98, North of Old Battles Road. Case Number (ZC 05.21) — For Second (2"d) Amendments for Phase Two (2) Only. Ordinance No. 1228 amended Phase One (1) only. The following amendment shall be made for the said PUD for Phase Two (2) only of Huntington Subdivision: Legal Description - BEGINNING AT THE CENTER OF SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN N-00"09'52"-E, ALONG THE NORTH -SOUTH HALF SECTION LINE, 1325.29 FEET TO A POINT; THENCE RUN N-89043'57"-E, 1126.53 FEET TO A POINT BEING THE NORTHWEST CORNER OF HUNTINGTON SUBDIVISION, PHASE ONE, RECORDED ON SLIDE NO. 2184- D IN THE JUDGE OF PROBATE OFFICE, BALDWIN COUNTY, ALABAMA; THENCE RUN S-00012'50"-E, 496.55 FEET TO A POINT; THENCE RUN S- 89°40'39"-W, 44.13 FEET TO A POINT; THENCE RUN ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 65.00 FEET, A DELTA ANGLE OF 90001'21 ", A CHORD WHICH BEARS S-44039'58"-W, 91.34 FEET AND AN ARC DISTANCE OF 102.13 FEET TO A POINT; THENCE RUN S-00020'42"-E, 563.71 FEET TO A POINT; THENCE RUN ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 260.00 FEET, A DELTA ANGLE OF 49053'15", A CHORD WHICH BEARS S- 24035'55"-W, 219.30 FEET AND AN ARC DISTANCE OF 226.38 FEET TO A POINT; THENCE RUN N-89042'01"-E, 393.00 FEET TO A POINT; THENCE RUN S- 00020'45"-W, 1323.37 FEET TO A POINT; THENCE RUN S-89015'38"-W, 329.46 FEET TO A POINT; THENCE RUN S-00007'05"-E, 1297.63 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF OLD BATTLES ROAD; THENCE RUN S- 89054'22"-W, ALONG SAID NORTH RIGHT-OF-WAY LINE OF OLD BATTLES ROAD, 2015.85 FEET TO A POINT; THENCE RUN N-00005'36"-W, LEAVING SAID NORTH RIGHT-OF-WAY LINE OF OLD BATTLES ROAD, 448.04 FEET TO A POINT; THENCE RUN S-89049'24"-W, 297.96 FEET TO A POINT; THENCE RUN N- 00002'59"-E, 847.07 FEET TO A POINT; THENCE RUN N-89158'28"-E, 1317.82 FEET TO A POINT ON THE NORTH -SOUTH HALF SECTION LINE; THENCE RUN N-00014'51"-E, ALONG SAID NORTH -SOUTH HALF SECTION LINE 1326.46 FEET TO the POINT OF BEGINNING; CONTAINING 138.08 ACRES, MORE OR LESS 2. Lot sizes: The sizes are specified on the site plan. No. 1279 t Subdivision 3. Number of lots: The site plan has been revised to have 290 lots total within Phase Two (2). map of the property to be amended is attached as Exhibit A. ie property is hereby zoned as a Residential Planned Unit Development and shall develop in bstantial conformity with the site plan contained in "Exhibit All and development regulations ted above. All other requirements as approved within Ordinance No. 1171 shall apply to the !velopment of Huntington Subdivision once known as Oak Hill Subdivision. �verability Clause - That it is hereby declared to be the intention of the City Council that the section, ragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, ntence, paragraph, or section of this ordinance shall be declared invalid or unconstitutional by the lid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality all not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this dinance, since the same would have enacted by the City Council without the incorporation in this dinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. 'fective Date - This ordinance shall take effect immediately upon its due adoption and publication as 4uired by law. ADOPTED THIS 28th DAY OF November , 2005 iTTE niece W. Johnson, C HTjTCHDWN, MooxE x RAua-L LLC f2W 1UPI SIRFEL 4ATE P Bxmxaaaa�5oararou M (]!1 6x6-mlb �� AWAYA Lxo Puxxau FA% �� 11f.-6Y11 i REVISED P.U.D. MASTER PLAN TN 29. TOM-4 WP 6 SOUTH. RANGE 2 EAST - _- to 103 �6 FA1R1-IOPE P1-JANN1NC CON 1rSS10N RNAL REPORT OF Text Change to Zoning Ordinance fth,Ec� Request for cl oning i B (Applicant) Desci-iption and Map is attached -pa ,D The Commission has field a public hearing on this matter prior to this final report and wishes to report to the rairhope 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 AWe find that the proposed zoning district change (lsl, (Is Not) in conformity with the comprehensive plan and in the best interests of the City as a whole, and (DoZ (Do I�lot) Recommend that the City Council adopt an ordinance implementing the proposed changes as provided by law. I Members Present s Voting Aye Voting? Nay Abstain Respectfully submitted: Chairman CITY OF FAIRHOPE PLANNING AND ZONING COMMISSION COVER SHEET October 3, 2005 ZC 05-21 Public Hearing to Consider the Request of Hutchinson, Moore, & Rauch, LLC to amend the previously approved Huntington PUD generally located at the northwest corner of Old Battles Road and US Highway 98. STAFF INTERPRETATION: Scott Hutchinson is representing the owner in this request. Riverbrooke Capital Partners have purchased the land and would like to decrease the number of lots. The original Huntington PUD was approved by the Planning Commission with 540 lots. The revised PUD has 290 lots. Adams Homes has purchased Phase 1 which includes 97 of the original lots. The property is approximately 138.08 acres. The issues associated with this request are as follows: Comprehensive Plan: This request is not contrary to the plan. Density: This amendment will greatly reduce density in the development, creating larger lots and will greatly reduce the number of lots. STAFF RECOMMENDATION: To approve the amendment of the PUD as presented., Respectfully Submitted for Consideration, Summer Woodson Planner CITY OF FAIRHOPE PLANNING AND ZONING COMMISSION COVER SHEET October 3, 2005 ZC 05-21 Public Hearing to Consider the Request of Hutchinson, Moore, & Rauch, LLC to amend the previously approved Huntington PUD generally located at the northwest corner of Old Battles Road and US Highway 98. STAFF INTERPRETATION: Scott Hutchinson is representing the owner in this request. Riverbrooke Capital Partners have purchased the land and would like to decrease the number of lots. The original Huntington PUD was approved by the Planning Commission with 540 lots. The revised PUD has 290 lots. Adams Homes has purchased Phase 1 which includes 97 of the original lots. The property is approximately 138.08 acres. The issues associated with this request are as follows: Comprehensive Plan: This request is not contrary to the plan'. Density: This amendment will greatly reduce density in the development, creating larger lots and will greatly reduce the number of lots. STAFF RECOMMENDATION: To approve the amendment of the PUD as presented. Respectfully Submitted for Consideration, 4rdQ<�� Summer Woo son Planner DESCRIPTION OF PROPERTY - BEGINNING AT THE CENTER OF SECTION THENCE RUN N-00'09'52"—E, ALONG TI THENCE RUN N-89'43'57"—E, 1126.53 SUBDIVISION, PHASE ONE, RECORDED 0 COUNTY, ALABAMA; THENCE RUN S-00" 44.13 FEET TO •A ,POINT; THENCE RUN DELTA ANGLE OF. 90'01'21 ", A CHORD 102.13 FEET TO A POINT; THENCE RUN CURVE TO THE RIGHT, HAVING A RADIU! BEARS S-24'35'55"—W, 219.30 FEET Ai N-89'42'01 "—E, 393.00 FEET TO A PO'. RUN S-89' 15'38"—W, 329.46 FEET" TO THE NORTH RIGHT—OF—WAY LINE OF OL RIGHT—OF—WAY LINE OF OLD BATTLES f LEAVING SAID NORTH RIGHT—OF—WAY LI S-89'49'24"—W, 297.96 FEET TO A PO RUN N-89'58'28"—E, 1317.82 FEET TO N-00' 14'51 "—E, ALONG SAID NORTH—S( CONTAINING 138.08 ACRES, MORE OR L 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; E NORTH —SOUTH HALF SECTION LINE, 1325.29 FEET TO A POINT; -EET TO A POINT BEING THE NORTHWEST CORNER OF HUNTINGTON SLIDE NO: 2184—D IN THE JUDGE OF PROBATE OFFICE, BALDWIN Z'50"—E, 496.55 FEET TO A POINT; THENCE RUN S-89'40'39"—W, ,LONG A CURVE TO THE LEFT, HAVING A RADIUS OF 65.00 FEET, A HICH BEARS S-44'39'58"—W, 91.34 FEET AND AN ARC DISTANCE OF S-00'20'42"—E, 563.71 FEET TO A POINT; THENCE RUN ALONG A OF 260.00 FEET, A DELTA ANGLE OF 49-53-15", A CHORD WHICH D AN ARC DISTANCE OF 226.38 FEET TO A POINT; THENCE RUN IT; THENCE RUN S-00'20'45"—W, 1323.37 FEET TO A POINT; THENCE POINT; THENCE RUN S-00'07'05"—E, 1297.63 FEET TO A POINT ON BATTLES ROAD; THENCE RUN S-89'54'22"—W, ALONG SAID NORTH DAD, 2015.85 FEET TO A POINT; THENCE RUN N-00'05'36"—W, E OF OLD BATTLES ROAD, 448.04 FEET TO A POINT; THENCE RUN JT; THENCE RUN N-00'02'59"—E, 847.07 FEET TO A POINT; THENCE A POINT ON THE NORTH —SOUTH HALF SECTION LINE; THENCE RUN JTH HALF SECTION LINE 1326.46 FEET TO THE POINT OF BEGINNING: I HEREBY STATE THAT ALL PARTS OF TIjIIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN ACCORDANCE WITH THE CURRENT REQUIREMENTS OF THE gTANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF ALABAMA TO THE BEST OF MY KNOWLEDGE, INFORM*ION, AND BELIEF. JOHNNY/ E. H04LEY, P.L.S. ALABAMA LICKKSE NUMBEF DATE I — 1%,BAp o REVISED P.U.D. MASTER PLAN ;�Ns o 236m flunttn'gton o.FLS&ZONAL: I, N LAND RIVERBROOKE CAPITAL PARTNERS N I ;yE;WNY;`` C14 SCALE D' TE DRAWN BY CHECKED BY SHEET 1" = 200' AUGUST 2005 JMW 1 OF 1