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Home My WebLink AboutO-129510-26-06P05:2 D ORDINANCE NO. 1295 a, y •.-� O V- lA -1.+ N T7 U N o a .n O O •O a : Q. G F lb ,� 'o 4> H •-a TY- wuc cti o+++ a i9 O •M L3 0 N�0, M ti SA ti 0 cv u1. c r,S • N � F d y •..,a ..0 x u >.. kn a,a 4y •.•+ x N u C c = me r- a •'+ ar F •V F•V rn ai �G M ice- x .- 4" a = a,.0 •.•� 0 a7 C1J LA CA a,�"C Li A. QJ a,HA. Le=4 QO: AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE CONCURRENT WITH ANNEXATION 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 Charles L. and Marie Dean, generally located at 8174 Gayfer Avenue, Fairhope, Alabama TAX PARCELS 46-05-16-0-000-010.000 and 46-05-16-0-000-010.003 Legal Description: (Case number ZC 05.20) PARCEL A: Commencing at the Northwest corner of Section 16, Township 6 South, Range 2 East of St. Stephens Meridian; thence run N 89' 57' 33" E, 330.00 feet to the Point of Beginning; thence run N 89' 57' 41" E, 784.97 feet to a point; thence run S 00' 09' 06" E, 478.27 feet to a point; thence run S 89' 55' 35" W, 784.90 feet to a point; thence run N 000 09' 37" W, 478.75 feet to the Point of Beginning. Subject to a public right of way over and across the Northern portion thereof. Property contains 8.3 acres more or less. PARCEL B: Commencing at the Northwest corner of Section 16, Township 6 South, Range 2 East, of St. Stephens Meridian; thence run N 89' 57' 33" E, 330.00 feet to a point; thence run N 890 57' 41" E 784.97 feet to the Point of Beginning; thence continue N 890 57' 41" E, 200.08 feet to a point; thence run S 00' 09' 05" E, 478.15 feet to a point; thence run S 890 55' 35" W, 200.08 feet to a point; thence run N' 00' 09' 06" W, 478.27 feet to the Point of Beginning. Subject to a public right of way over and across the Northern portion thereof. Property contains 2.0 acres more or less. A map of the property to be zoned is attached as Exhibit A The property is hereby rezoned from R-1 Low Density Single Family Residential to R-5 High Density Multi -Family Residential concurrent with annexation and with the following specific conditions: CITY OF FAIRHOPE P.O. DWR 429 FAIRHOPE, AL 36M �0: _m -d W Oi Ordinance No 1295 Page —2- 1. Any development on the property shall be limited to sixty-two (62) units. 2. Shall maintain a maximum of four (4) units per building allowed. 3. A privacy fence shall be built along the southern boundary of the property. 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 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 approve by the Building Official of the City of Fairhope and that any structure be erected only in compliance with such laws, including the requirements of Ordinance No. 1253. 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 THIS THE 091h DAY OF March , 2006. �W*-, CITY OF FAIRHOPE P.O. DWR 429 FAIRHOPE, AL 36533 CITY OF FAIR:HOPE CONDITIONAL PETITION FOR ANNEXATION FORM STATE OF ALABAMA. )( COUNTY OF BALDWIN )( CITY OF FAIRHOPE P. 0. DWR 429 FAIRHOPE, AL 365M We, the undersigned PETITIONER(S), owncr(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 R-5 CONCURRENT WITH ANNEXATION. IN WITNESS WHEREOF, the PETITIONER(S) have caused these presents to be executed this Zn K day of ;N71WV419— , 200 S' l Signat o titi �iignature of petitioner Charles L. Dean Print petitioner's name Marie Dean Print petitioner's name Physical Address of property being annexed: 8174 Gayfer Road Petitioner's Current Physical Address: 8174 Gayfer Road Fairhope, AL Telephone Number(s): Petitioner's Current Mailing Address: Same Rfl Home 8 Work County Tax Parcel Number: 46-05-16-0-000-010.003 + A16- pr /L-O _ 060 —D/D, 600 U.S. JUSTICE DEPARTMENT INFORMATION K Size of property (acres or square feet) a.o J9 If property is occupied, give number of housing units. _1 0 Number of Persons residing in each unit, and their race 2, White ❑ If property is unoccupied, give proposed use ❑ 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, iG��hGs i�t N $Goy, a Notary Public in and for said State and County, hereby certify that the above PETITIONER(s) wh se name(s) is/are iigned to the forgoing P 'tion and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledge that he/ to/they ve voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal this eZ 7 of , 200 115 (Seal) This instrument prepared by: k--c Office of the City Clerk, City of Fairhope Nota ublie P. O. Drawer 429, Fairhope, AL 36533 (251) 928-2136 My t0mission expires 10/2001 Gateway Construction: 46-05-16-0-000-010.000 & 46-05-16-0-000-010.003 To the North of Site is zoned PUD, to the West is zoned PUD, to the South is zoned R-3 (High Density Single Family). The Site is CONTIGUOUS to the North, South and West. Legend ® Gateway Contructlon A EDGateway Construction B 16 r -h., CITY OF FAIRHOPE P.O. DWR 429 FAIRHOPE, AL 36533 COF GIS 11 / 2005 D. Powell • L 111 Los FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT I - Text Change to Zoning Ordinance Request for change of Zoning District k � -A �'S- < q�R& Description and .Map is attached The Coninussion has field a public hearing on this matter prior to this final report and wishes to report to the Fairliope City Council as follows: 4We (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 conformity with the comprehensive plan and in the best interes s 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 i 8 a- 3 c r� Voting Aye Voting Nay Abstain Respectfully submitted: hairman CITY OF FAIRHOPE CITY COUNCIL COVER SHEET January 9, 2006 05-20 Public Hearing to Consider the Request of Gateway Construction Corporation for a Zoning Change from R-1 Single Family Residential to R-5 Multi Family Residential for property located at 8174 Gayfer Road. STAFF INTERPRETATION: Tommy Ward is representing Gateway Construction Corporation in this request. Part of the parcel is not in the City Limits, so they are asking for that part to be zoned R-5 conditional upon annexation into the City of Fairhope. The total acreage of the property is 10.82. The issues associated with this request are as follows: Comprehensive Plan: This rezoning request is not contrary to the plan. It supports the plan in that it encourages multi -family housing near Greeno Road. Adjacent Zones: To the north, across Gayfer Ave. is zoned PUD, which are Arbor Gates Apartments. Greeno Commercial Park PUD lies directly to the west. Rosa Acres, which is zoned R-3 High Density Single Family Residential is behind the property to the south. The property directly to the east is not in the City limits and therefore is unzoned. Density: R-5 Zoning will allow approximately 80 units- this is not taking into account streets, block sizes, etc. The total number allowed would actually be less than 80 units. The project that is proposed would contain 62 units. Site Plan Review: They would like to build a 62 unit condominium development. If this rezoning is approved, then they will have to come before the Planning Commission for Site Plan Review. The Site Plan will have to conform to the City's Subdivision Regulations and the Special Conditions for Use section of the Zoning Ordinance pertaining to Townhouses. Planning Commission: This case was heard at the October 3, 2005 meeting. The Commission did not forward a favorable recommendation to the City Council. 00 STAFF RECOMMENDATION: The developer has requested approval as R-5 with certain conditions. These are as follows: 1. Limiting the development to 62 units 2. Maintaining a maximum of 4 units per building 3. Building a privacy fence along the southern boundary of the property. The City Council is legally allowed to approve a rezoning with specific conditions. If the Council will not approve with the specific conditions, staff recommends that instead of denying the application, the case is sent back to the Planning Commission for a second review. Respectfully Submitted for Consideration, Summer Woodson Planner Gateway Construction: 46-05-16-0-000-010.000 & 46-05-16-0-000-010.003 To the North of Site is zoned PUD, to the West is zoned PUD, to the South is zoned R-3 (High Density Single Family). The Site is CONTIGUOUS to the North, South and West. Legend ® Gateway Contruction A EDGateway Construction B �A N COF GIS 11 / 2005 D. Powell a ,m s, ,v » 12L ML M1 1p 4 4%- i 95@ J eSJ nD8-010 8.005 1e5.e eVr � � 8.001 $.pis 6.003 �9 1e2 1 , g 218.9 eoo to W � 7 W ^ U U Q 5 6.002 2019310. dol. OUNTY HWY 30 11.001 J "\v / ° 10 10.003 AuC�A�Y PARCEL -0 139 ,.4 tof ci 12 6e7a77308 15 899. 125 95 �:00 90 90 90 BOA 2525 16.096� $I ml II I $I 16,041 ,f 13 R a 1e.xs s D I E H L AVE a m ,o6 vm 2514 16000 8 ,fit R ?4_ S 16 s!le 16 N3 ,2s 8 14 16 C� S 16.009 ,e.MO 16.026 ,e.xf7 S ,e.G" 1U.5 c 16.002 5 N 16.010 t-.o,� 19 16.027 W036 y 1e� v, aas 5 _ 149.1 p N U 15 ,6.99, LL 16.011 ,6.Ot6 W W028 15.035 8 76 M6 Q a 1 2aa6 16.052 S 9 16.012 M 17 S 1 16.029 16.QU 8 1 14147 9 168A 16 a �$8 1e.015 ,e.me 8 st /6.cw M033 a,6.0te }/1 tt6 125 125 125 125 163 724 u2 w`o 16.0,1 18.015 16.051 R 17 .0 124 16.00 tA.t 1W ,m 100 142.8 ~ EDWARDS AVE — f to ANNKtq�Jonl �Tr7]On/ 18 d R STATE OF ALABAMA COUNTY OF BALDWIN 1, S. MATTHEW ORRELL, A REGISTERED LAND SURVEYOR IN THE STATE OF ALABAMA, 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; , PARCEL "A" COMMENCING AT THE NORTHWEST CORNER OF SECTION 15, TOWNSHIP 6 SOUTH, RANGE 2 EAST OF ST. STEPHENS MERIDIAN; THENCE RUN N89'57'33"E, 330.00 FEET TO THE POINT OF BEGINNING; THENCE RUN N89.57'41"E, 784.97 FEET TO A POINT; THENCE RUN SOD'09'06"E, 478.27 FEET TO A POINT; THENCE RUN S89.55'35W, 784.90 FEET TO A POINT; THENCE RUN NOO'09'37"W, 478.75 FEET TO THE POINT OF BEGINNING. SUBJECT TO A PUBLIC RIGHT OF WAY OVER AND ACROSS THE NORTHERN PORTION THEREOF; PARCEL "B" COMMENCING AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 2 EAST, OF ST. STEPHENS MERIDIAN; THENCE RUN N89'57'33"E, 330.00 FEET TO A POINT; THENCE RUN N89.57'41 "E, 784.97 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N89'57'41 "E, 200.08 FEET TO A POINT; THENCE RUN S00'09'05"E, 478.15 FEET TO A POINT; THENCE RUN S89'55'35"W, 200.08 FEET TO A POINT; THENCE RUN NOO'09'06'W, 478.27 FEET TO THE POINT OF BEGINNING. SUBJECT TO A PUBLIC RIGHT OF WAY OVER AND ACROSS THE NORTHERN PORTION THEREOF. I FURTHER STATE THAT THE BUILDINGS NOW ERECTED ON SAID LOT ARE WITHIN THE BOUNDARIES OF SAME; THERE ARE NO ENCROACHMENTS BY ADJOINING PROPERTY, EXCEPT AS SHOWN; THERE ARE NO RIGHTS OF WAY EASEMENTS OR JOINT DRIVEWAYS OVER OR ACROSS S O LAND VISIBLE ON THE SURFACE, EXCEPT AS SHOWN, THERE ARE NO ELECTRIC OR TELEPHONE WIRES (EXCLUDING WIRES WHICH SERVE THE PREMISES ONLY) OR STRUCTURES OR SUPPORTS THEREOF INCLUDING POLES, ANCHORS AND GUY WIRES ON OR OVER SAID PREMISES, EXCEPT AS SHOWN; THIS DRAWING ALSO DOES NOT R=FLECT ANY TITLE OR EASEMENT RESEARCH OTHER THAN WHAT IS VISIBLE ON THE GROUND OR PROVIDED BY 1HE CLIENTS CONVEYANCE; AND THAT THE SCALE OF DRIVES, WALKS, FENCES AND ETC. ARE IN SOME INSTANCE EX4GGERATED FOR THE PURPOSE OF DETAIL, ALSO THAT I HAVE CONSULTED THE FEDERAL INSURANCE ADMINISTRATION FLOOD HAZARD BOUNDARY MAP AND IN MY OPINION - FOUND THAT THE ABOVEi DESCRIBED PROPERTY IS LOCATED IN ZONE OF THE SPECIAL FLOOD HAZARD AREA. THE MAILING ADDRESS AS ORDERED AND NOT VERIFIED BY THIS FIRM IS: `1SS5StNIllSiltyl�h ABA41 '%, ACCORDING T4`iIAY'� 1 1�iT;��o Is, E 7TH DAY OF J 2005. ` N 1 DARREN M. dF _ _ _ _ C6 CHAINED P.O.C. NCOR. f N.FS — — — — — — — — — N 89'57'33" E� 330.00' - - .W. OF - 'ti'-'-"'---- -SEC. 16, T-6-S, R-2-E, _ ST_-STEPHENS MERIDIAN w r P.O.B, . PARCEL "A"- / / / LEGEND BEARING BASED ON SURVEY PROVIDED THIS FIRM C.R. = 1/2" CAPPED REBAR IRON FOUND C.T. = CRIMP TOP IRON FOUND RBR. = 1/2" REBAR IRON FOUND CMT. = CONCRETE MONUMENT FOUND O.T. = OPEN TOP IRON FOUND I.S. = 1/2- CAPPED REBAR IRON SET N.I.S. = NO IRON SET TBM. = TEMPORARY BENCH MARK CONC. = CONCRETE ASPH. = ASPHALT R/W = RIGHT OF WAY EL. = ELEVATION INV. = INVERT R C. P. = RFINFnRr.Fn l.nWrPV F PlOF WOODED AREA N (n 00 yo (D h. 6 ALA. LICENSE NO% 181 %1W ME ,ytp ry 785.00'(RECORD) h ,yy Off' ^h. ti yh ry ti r IF FATIMOPE PLANNING CONOUSSMN 10G 3�/d FfNA1, I2E1"0RT OF ZONING A 1,FNQ,\IFNT — -I-21-u5FT-4:56 �CVC Text Changc to Zoning Ordinance n �L Request for change ofZonino, District I S By t_ O� (Applicant) LM44D Description and 1\fap is attached I The ConuTtission has field a public hearing on this matter prior to this final report and wishes to report to the rairlhope 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 Ave 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) (Dlo Recommend that the City Council adopt an ordinance implementing the proposed changes as provided by law. Members Present Voting Aye Voting Nay Abstain X K Respect lly submitted: Chairman CITY OF FAIRHOPE PLANNING AND ZONING COMMISSION COVER SHEET October 3, 2005 ZC 05-20 Public Hearing to Consider the Request of Gateway Construction Corporation for a Zoning Change from R-1 Single Family Residential to R-5 Multi Family Residential for property located at 8174 Gayfer Road. STAFF INTERPRETATION: Tommy Ward is representing Gateway Construction Corporation in this request. Part of the parcel is not in the City Limits, so they are asking for that part to be zoned R-5 conditional upon annexation into the City of Fairhope. The issues associated with this request are as follows: Comprehensive Plan: This rezoning request is not contrary to the plan. It supports"the plan in that it encourages multi -family housing near Greeno Road. Adjacent Zones: To the north, across Gayfer Ave. is zoned PUD, which are Arbor Gates Apartments. Greeno Commercial Park PUD lies directly to the west. Rosa Acres, which is zoned R-3 High Density Single Family Residential is behind the property to the south. The property directly to the east is not in the City limits and therefore is unzoned. Density: R-5 Zoning will allow approximately 80 units- this is not taking into account streets, block sizes, etc. The total number allowed would actually be less than 80 units. Site Plan Review: They would like to build a 62 unit condominium development. If this rezoning is approved, then they will have to come before the Planning Commission for Site Plan Review. The Site Plan will have to conform to the City's Subdivision Regulations and the Special Conditions for Use section of the Zoning Ordinance pertaining to Townhouses. Gateway Constriction: 46-05-16-0-000-010.000 & 46-05-16-0-000-010.003 To the North of Site is zoned PUD, to the West is zoned PUD, to the South is zoned R-3 (High Density Single Family). The Site is CONTIGUOUS to the North, South and West. Legend ® Gateway Contruc5on A Gateway Construction B �A N COF GIS 11l2005 D. Powell t Site Plan Review: They would like to build a 62 unit condominium development. If this rezoning is approved, then they will have to come back to the Planning Commission for a subdivision review. STAFF RECOMMENDATION: The developer has requested approval as R-5 with certain conditions. These are as follows: 1. Limiting the development to 62 units 2. Maintaining a maximum of 4 units per building 3. Building a privacy fence along the southern boundary of the property. The Planning Commission is legally allowed to approve a rezoning with specific conditions. Staff recommendation is to approve as requested, with the three conditions being imposed on the rezoning. Respectfully Submitted for Consideration, Summer Woodson Planner and I cerUf.yY that the folk vi.,-iry F'r: i ::, i x has been paid. .. ✓ Deed Tax --------------------I S °------ Mortgage Tax_ -- - -- - ----------_-_ 1 ----------------- --,-Judas of Frobatti - .•� '%, `l , _v.iL , aradc ::'c s'1}t.c'T'ed 1nt0 O111 S 'v. he / .... day of _''ov:atirba1, 1 ,51, by arid between r�ddi�' .a wjidosJ_sPZ^"�?r__'ew 11 YY I VI-' V .♦ IJowe11, ina.t per raferr r1 vl� as t.-ie party of, the .Zirst party and '3harles .�. Dean and .i"lari'c: Dean hereinafter referred to as the parties of t:le second toart, The party of -the first, part, for and it n consideration Of 11 W p �` �.;.-• the sum of One Dollar („1.00) and other good and valuably coilsidera tions to her, this day in hand paid by -the parties of the second part, the receipt �rr'_zreof is hereby acl;noyvled*c d has and `05 r these presents does heruc.,, GRi ��i , ,iZC=1� " f,;' S-11.IL A';;D 0,:;NiVUY1' unto the said , arties of the second part, during,.` their joint livas and upon t',a Y atri ofeitll; r of them, t'ien to the ;:survivor of -tl.,: rn in fee simplr, e Q orcver, t le foll0w:ing described. real property s:i'tuated in Baldwin ounty, Alabama, to --wit Mart at the Northwest corner ofSection Six.-e en, f ^^ 'Township ti;outh of R�i.r�ge 2 ',,ast `J.1..' l.•. ;;tep_iens Me.r:i_dian, c_"Ience run Fast 330 feet fo-:' a point o.0 �. begd.nning A thence run -,as a i t �&5 feet: r t.nence 6outh 1332 feet to a stake 15 feet Yvest of -the center of the 'Northwest Qi.i.artar of said Section 16 s thence :cst Y .I 48 facet to land formc;rly own:d by Cliff Cablo; ta-cnco ''Forth ? degrees 45 minutes '.vest• � 58 fee , u a corner; tNance rest 81)8 fa, o t to a staIX-- thence "0r'.t , 4^c ^eQt;. I I •.,:ti: "s,. to place of be ;:i.rininu cord-ai_ -I.ng 12 acres, mar-- o,'. _ �I 1.-;ss. TO T_r'•�1; iilr) TO I-101,1, ,.into the said Charles L. nand iari? ?)eaxi, during their joint Lives and upon t'- e death of f tn_-gym, i;to t•h',, survivor of them in fee s' y �, - mnl e arid ;_ �o tJ-r-: ,ld assi ris or' such survivor', forev'e,r. 1 1 i, Th,� party of the first part for herself her hairs, xecut rs and administrators, hereby covenants and warrants to and �,vit'1 he said parties of the second part their he_I..rs and assd Eris, that hey are seized of an :indefeasible estate in and to the paid proper ,hat they have a ;oo`d. right to convey the same as herein contained hat they will guarantee the peaceable possession thereof; t'--a-i� t'i, Said property is free from all liens and encumbrances and unat t"I'—y will, B.nd their hairs, ex'a,cutor's and administrators shall _'c?':' '.ver �varrarit and defend t ,a sanie urito it; :le said par l2s of t'.i�, Second part , Heir heirs a.nIll -I assigns, against -the lat'vful cla-inis all p:_'r sods. -the Said party of ?ife _first parr -as iier,'�un�to set her hand and affixed her seal on til l_, the day and y =;ar fir St above; writ -ten. MOBILE ) 4..r rr"',( •rrl,Y -r a :' ota.ry Pui�li.c, `e\Tithi.in and for k.. �� ,sue a said otate- mere, y citify ti°at•ikddie, Lowell , a widoi,r, wvhose name is signed 'to ta,,, foragoinc, conveyance and t•Jha is kno,wrl to Cie, aclLnowledL ad before mo, on this day`thau; being; inforr.ge Of the contents o:`' the conveyance,' 'she executed the same voluntari.l on tl7e day' the sacrie bears date. Cliva,i under my 'nand and of. _cial seal on t1lis the day of "Jovembe.r, 11,5_l. (,C-MA;1,65iQN L XPIRE5 MA 15 KCi-i 1, i6bt ar. 411tbiiic!,d;�T-Re `RLai�ge�M `k-