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HomeMy WebLinkAboutO-13221. ORDINANCE NO. 1322 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE TO AMEND ORDINANCE NO. 1301: A PLANNED UNIT DEVELOPMENT KNOWN AS NORTH VILLAGE AT STONE CREEK; TO APPROVE A SITE PLAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The City of Fairhope has approved a request to zone property to a PUD - Planned Unit Development to be known as North Village At Stone Creek on the 22" d of May 2006. Stone Creek, LLC made the application to amend said ordinance, and After appropriate public notice and hearing, the Planning and Zoning Commission of the City of Fairhope, Alabama, has forwarded a favorable recommendation to the City Council for amendment of Zoning Ordinance No. 1253 as set forth herein; The property of Stone Creek, L.L.C. is located north of Stone 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 06.17) 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. That, in Case Number ZC 06.17 the property described below shall develop in substantial conformity with the attached site plan attached as "Exhibit A". 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. 1322 North Village at Stone Creek Amend PUD Page — 2 — 2. That, the following amendment has been made to the PUD: Lot sizes: The sizes are specified on the site plan. Lot Coverage: Total impervious area as shown on the site plan is 14.36 acres (23%). Uses: Commercial, mini -storage, multi -family condominiums. Building Height: 35' for Residential and 35' for Commercial. Setbacks: These are indicated on the site plan. Architecture: Architectural facades shall be incorporated into the sides and faces of the mini -storage buildings that can be seen from Highway 181 and the main entrance into the development. Red Soil and Clay Ordinance: All materials used for site grading and building pads shall be in compliance with the City of Fairhope's Red Soil and Clay Ordinance. (Ordinance No. 1313) The Planned Unit Development (PUD), for North Village at Stone Creek, is hereby amended (Ordinance No. 1301). 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 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 upon its due adoption and publication as required by law. Adopted and approved this 13th day of November , 2006. /z/0,/ z c 06 -/ 7 FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT y „ `N Text Change to Zoning Ordinance j-10-ObtiJ9:3? 'C', u see[ _$__Request for -age of Zoning District _ By S Ce (Applicant)at j� Description and Map is attached The Commission has held a public hearing on this matter prior to this final report and wishes to report to the Fairhope 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 .-4We find that the proposed zoning district change U (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 imp ementing the proposed changes as provided by law. Members Present :.I. 1 ' W.HIMERWWWIN � Rev. 9/98 Voting Aye Voting Nay Abstain Respectfully submitted: ww"a ART.[& A.DIAIn F 1". ALt71LY m tIIQF L.Ir - MY r ►d.w._ s.wr - erer R.. Aum A1..w. - ed..w MT AtSH FAAoG RL3R GRAPHIC 3CAIZ (..=T ) FAA ■S O 2-W MOM ? 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RUN THENCE NORTH 65 DBGAEFS 35 N@AJIES N SECONDS WEST FOR CN.63 FEET; RUN THENCE SOUTH 58 DEGREES O8 MINRM 01 S'..CONDS WEST FOR 576.r FEET; RUN THENCE SOUTH 10 DEGREES 2T N]NVTES 59 SECONDS WEST FOR 174.95 FEET. RUN THENCE SOUTH 85 DEGREES 21 A@11ffES 25 SECONDS WEST FOR 6.733 FEET: RUN THENCE SOUTH M DEGREES 33 MQNTES 54 SECONDS WEST FOR 433M FEET TO THE EAST RN.IIT-0 _WAY OF SAID STATE HIGHWAY NO. 181, RUN THENCE NORTH W DEGREES 05 MINUTES 11 SECONDS EAST ALONG THE EAST RIGHf-0E-WAY OF SAID STATE HIGHWAY NO. 121 FOR 13 EL16 FEET TO THE FONTOFBBOM G SAID PARCEL C0NTAINNG 63.61 ACRES. RAROJ.EmpB. 12: BALLARD P.O. BOX A FAI•ILpE AL 36332 gill■ ii � ii �i �i� • �i ago WE Ord emu 0- �I. .....t �. 7uE •I • �.r • a 1y 1 a. 1 . 1 .• . . • ID —ES EDMAD SWIM P.O. BOX 33 FAHO OPE, AL MW3 pU am R-R OQ� g i 9 g6 . w 2 w J O U a a g U I'l� 0 � IL a z� 1-