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Home My WebLink AboutO-1308ORDINANCE NO. 1308 AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE AMENDING ORDINANCE NO. 1278 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 06.10) BEGINNING AT THE SOUTHWEST CORNER OF FAIRFIELD PLACE, UNIT III, SLIDE NUMBER 1814-13, 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-37°27'39"-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 �a Y • W_ �0 VA f/1 _ a' U a o� z �W 0 o Ordinance No. 1308 Fairfield Financial Phase IV —Amend PUD Page —2- 3. That, the following development regulations shall govern: Lot sizes: The sizes are specified on the site plan. Uses: Residential only— Twelve (12) detached single-family units and twenty-five (25) townhomes. (Clarify from site data - Twelve (12) Garden Homes, Twenty (20) Town homes and Five (5) Single Family Residential). 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. 6. 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 and approved this 10th day of July , 2006. Attest: Geniece Johnson, By. - I+AIRIJOPE PLANNING COMMISSION MAL REPORT or ZONING A11f:\'I .MENT Text Change to Zoning Ordinance Request for change ofZonin<, District R/AA 2 L14 (Applicant) Description and Nap is attached The Comnussion has field a public hearing on this matter prior to this final report and wishes to report to the Fair -hope 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 We find that the proposed zoning district change (I (Is Not) in conformity with the comprehensive plan and in the best interests of the City as a whole, and NLo (Do Not Recommend that the City Council adopt an ordinance �) ) � P impjementing the proposed changes as provided by law. Voting Aye Voting Nay Abstain Respectfully submitted: Chairman ------ --- CITY OF FAIRHOPE PLANNING AND ZONING COMMISSION COVER SHEET June 5, 2006 06-10 Public Hearing to Consider the Request of Hutchinson, Moore & Rauch to amend the existing Fairfield Unit VI PUD ordinance. The property is generally located at the northeast corner of County Road 44 and Boothe Road. STAFF INTERPRETATION: The property is currently located in the City of Fairhope and is zoned PUD, Planned Unit Development. When the Planning Commission and City Council approved the ordinance in November of 2005, it contained five detached single- family units and twenty-seven townhome units. Apparently, the Planning Commission was presented with another plan and that is what the developer thought had been approved. This plan contains twelve single-family lots and twenty-five townhomes. The ordinance will be amended to reflect those numbers. The issues associated with this request are as follows: Comprehensive Plan: This request is not contrary to the Comprehensive Plan. STAFF RECOMMENDATION: To approve as requested. Respectfully Submitted for Consideration, Summer Woodson Planner h htelime JO"- ]H pU 11;19 JUN-09-2006 FRI 11: HMR ENGINEERS DAPHNE FAX NO. 251 626 6934 KM P. 02 i Unit VI rl zilaimmsimazut- BEGINNING AT THE SOUTHWEST CORNER OF FAIRFIELD PLACE, UNIT III, SLIDE NUMBER 1814-13, 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 Iil, 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. ''11I C e� June 9. 2006 JoVmE. H0t3C L Ase # Rx Date/Time JUL-06-2006(THU) 09:55 12519902879 JUL-6-2006 09:35 FROM:F PE BUILC, 12519902879 TO:99900107 JR, AAR L ZC 0(a. 10 R-1 R-i PVT,, P. 001 P. 1/3