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Home My WebLink AboutO-1301a �s a a •�+ G `O • r m' m o ORDINANCE NO.1301 Q �� u 2 28 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: 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 Stone Creek, L.L.C. is located north of Store Creek Subdivision, West of State Highway 181(aka County Road 27). NORTH VILLAGE AT STONE CREEK TAX PARCEL 46-07-26-0-000-002.000 Legal Description: (Case number ZC 06.04) COMMENCE AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; RUN THENCE NORTH 88 DEGREES 13 MINUTES 09 SECONDS EAST FOR 40.02 FEET TO THE EAST RIGHT-OF-WAY OF STATE HIGHWAY NO. 181 (AKA CO. RD. 27) FOR THE POINT OF BEGINNING; RUN THENCE SOUTH 89 DEGREES 46 MINUTES 21 SECONDS EAST FOR 1300.51 FEET; RUN THENCE SOUTH 00 DEGREES 06 MINUTES 19 SECONDS WEST FOR 20.00 FEET; RUN THENCE SOUTH 89 DEGREES 46 MINUTES 21 SECONDS EAST FOR 1320.47 FEET; RUN THENCE SOUTH 00 DEGREES 06 MINUTES 16 SECONDS WEST FOR 950.11 FEET; RUN THENCE SOUTH 85 DEGREES 25 MINUTES 32 SECONDS WEST FOR 450.84 FEET; RUN THENCE NORTH 65 DEGREES 35 MINUTES 06 SECONDS WEST FOR 626.63 FEET; RUN THENCE SOUTH 58 DEGREES 08 MINUTES 01 SECONDS WEST FOR 576.09 FEET; RUN THENCE SOUTH 10 DEGREES 27 MINUTES 59 SECONDS WEST FOR 174.95 FEET; RUN THENCE SOUTH 85 DEGREES 21 MINUTES 25 SECONDS WEST FOR 647.78 FEET; RUN THENCE SOUTH 86 DEGREES 33 MINUTES 54 SECONDS WEST FOR 435.25 FEET TO THE EAST RIGHT-OF-WAY OF SAID STATE HIGHWAY NO. 181; RUN THENCE NORTH 00 DEGREES 05 MINUTES 11 SECONDS EAST ALONG THE EAST RIGHT-OF-WAY OF SAID STATE HIGHWAY NO. 181 FOR 1312.16 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 63.61 ACRES MORE OR LESS. A map of the property to be zoned is attached as Exhibit A 1. That, Attached as "Exhibit A" is an approved site plan. The property must develop in substantial conformance with the approved site plan. 2. That, the following development regulations shall govern: Lot sizes: The sizes are specified on the site plan. Lot Coveraize: Total impervious area as shown on the site plan is 17.28 acres (27%). Uses: Commercial, mixed -use, multi -family condominiums. Building Height: 35' for Residential and 40' for Commercial. Setbacks: These are indicated on the site plan. CITY OF FAIRHOPE P.O. DWR 429 FAIRHOPE, AL 36533 MAIL TO: Ordinance No. 1301 North Village at Stone Creek — PUD Page —2- 3. That, sidewalks and street trees as required by the Subdivision Regulations will be required. 4. That, the primary exterior construction materials shall be brick, stucco, and a limited percentage of vinyl. 5. That, all signs must meet City requirements. The property is hereby zoned as a Planned United Development concurrent with Annexation. 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 and approved this 22`h day of May , 2006. Attest: eniece Johnson, City Cler MAIL TO: CITY OF FAIRHOPE P 0. DWR 429 FAIRHOPE, AL 36533 CONDITIONAL PETITION FOR ANNEXATION We, the undersigned Petitioner/s, owner/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, 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 PUD STONE CREEK NORTH concurrent with annexation. In Witness Whereof, the PPee"ti/tioner/s have caused these presents to be executed this Q a day of /—ed(L/t/ W al "AM I -s ?. U Print Petitioners N me Print Petitioners Name COPY OF TAX VS�JPv:FFJ�e EBg1TA j$. TAX PARCEL NO. 05-46-07-26-0-000-002 .000 Mail Address Fairhope, AL 36 Phone (251 )928-1 960 Residential Address Size of Property Occupied, give housing units # persons each unit Race Unoccupied,give proposed use; show number of lots, houses, cost etc: 110 condominium units, village center with retail, office, restaurant, etc, and a self storage facility. (COPY OF LEGAL DESCRIPTION OF PROPERTY MUST BE SUBMITTED WITH PETITION. DESCRIPTION ON TAX RECEIPT USUALLY NOT SUFFICIENT.) STATE OF ALABAMA, COUNTY OF BALDWIN I, a Notary Public in and for said State and County, hereby certify that the above Pititioner/s whose name/s are signed to the foregoing petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledged that he/she/they have voluntarily executed this Petition on the day the same bears date. Given under my hand and seal this .222 ,day of Gf/ 4-92Di6 . ok,rc� UV MAIL TO: CITY OF FAIRHOPE P.O. DWR 429 FAIRHOPE, AL 36533 N P i61ir Cr�e of Alabama at Large My COtnrn;s5J'0 . Erpirw My Commission Expires: Nov.18, 2007 Bonded Thru Notary public Underwriters CITY OF FAIRHOPE PETITION FOR ANNEXATION R-2 SITE 46-07-26-0-000-002.000 63.61 Acres +/- Stone Creek, LLC PUD N The property to the South of the Site is zoned PUD-Planned Unit Development. COF cls The Proposed Site is contiguous to the adjacent property. 03/2006 D.Powtll MAIL TO: ,. ITY OF FAIRHOPE a 0. DWR 429 FAIRHOPE, AL 36533 l3�dz 7 I•AMHOPE PLANNING COMAUSSiON j{WAL IZEPOIZ T OF ZONING AMENDMENT .� Text Change to Zoning Ordinance _Request for �[ Zonin(District f-1 6-" l� S. L L C _f -- V f (Applicant) V Description and N,Iap is atfached The Conlillission has held a public hearing on this matter prior to this final report and wishes to report to the Fairhope City Council as follows: %VC (f� (Do Not) recommend the proposed 7.011rng expedient and necessary for the benefit ordle City as wise, —{` We fled that the proposed zonIn` district char< r With the conlprehcnsive plan and in the best interests of tile oCitylas al��holel and i i __(Do) (Do Not) Recommend that the City Council adopt an ordinance Implenlenting the proposed changes as provided by law. Members Present Rev. 9/9s Voting Aye Voting Nay Abstain i� Respectfully submitted: -- EXHIBIT "A" DESCRIPTION COMMENCE AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; RUN THENCE NORTH 88 DEGREES 13 MINUTES 09 SECONDS EAST FOR 40.02 FEET TO THE EAST RIGHT-OF-WAY OF STATE HIGHWAY NO. 181 (AKA CO. RD. 27) FOR THE POINT OF BEGINNING; RUN THENCE SOUTH 89 DEGREES 46 MINUTES 21 SECONDS EAST FOR 1300.51 FEET; RUN THENCE SOUTH 00 DEGREES 06 MINUTES 19 SECONDS WEST FOR 20.00 FEET; RUN THENCE SOUTH 89 DEGREES 46 MINUTES 21 SECONDS EAST FOR 1320.47 FEET; RUN THENCE SOUTH 00 DEGREES 06 MINUTES 16 SECONDS WEST FOR 950.11 FEET; RUN THENCE SOUTH 85 DEGREES 25 MINUTES 32 SECONDS WEST FOR 450.84 FEET; RUN THENCE NORTH 65 DEGREES 35 MINUTES 06 SECONDS WEST FOR 626.63 FEET; RUN THENCE SOUTH 58 DEGREES 08 MINUTES 01 SECONDS WEST FOR 576.09 FEET; RUN THENCE SOUTH 10 DEGREES 27 MINUTES 59 SECONDS WEST FOR 174.95 FEET; RUN THENCE SOUTH 85 DEGREES 21 MINUTES 25 SECONDS WEST FOR 647.78 FEET; RUN THENCE SOUTH 86 DEGREES 33 MINUTES 54 SECONDS WEST FOR 435.25 FEET TO THE EAST RIGHT-OF-WAY OF SAID STATE HIGHWAY NO. 181; RUN THENCE NORTH 00 DEGREES 05 MINUTES 11 SECONDS EAST ALONG THE EAST RIGHT-OF-WAY OF SAID STATE HIGHWAY NO. 181 FOR 1312.16 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 63.61 ACRES. Prepared by Volkert & Associates, Inc. Jrson Marshall Smith, Sr. pox TYM� V y - 1 l C WE T O } L L D BY N i + T + _ i - + 7 L - L + _ 1 1 T T L + Sub'eo� ParC,Gl t- K ' a -a^z FIAO rr 1. i' L _ - + EXht b fi- A- +