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Home My WebLink AboutO-1349N BALDWIN COUNTY, ALABAMA ` JUDGE ADRIAN T. JOHNS Filedlced.11!201200711:00 AM Cso TOTAL S 25.00 5 Pages 11,11 R 5,: 91 N,RN,0FI I " I kl S, 1. 111111 ORDINANCE NO. 1349 AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE CONCURRENT WITH ANNEXATION BE IT ORDAINTED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The ordinance known as the Zoning Ordinance 0-4o. 1 253), adopted 27 June 2005, together: with the 7 oring 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 Connnission of the City of Fairhope, Alabama has forwarded a favorable recommendation, The property of Thompson Achee Doveiopmert, Inc. generally located south of Copper Key Subdivision and east of Quail `"reek Estates, Fairhope, Alabama. STEEL BRANCH SUBDI`'ISION TAX P ARWEL 05-46-06-24-0-000-024.001 Legal Description: (Case number ZC 07.04) COMMENCE P T TIIE NORTL1EAST CORNER OF I.,01'258, Q1JAlI. CREEK ESTA,T'ES, UNIT IV-B, AS SHOWN IBY MAP OR PLAT "THEREOF RECORT ETA ^.T SLIDE, .2178-A.. PROBATI.; RE CORDS.13ALD�'IN CCU,' T`:: AI,A,F3AN1A. A"ND R.UN THENCE SOUTH 00 DEGREES 18 MINUTES 31 SECONDS WEST, A DISTANCE OF 51.92 FEET FOR A POINT OF I3EGINTNING; THENCE RUN SOUTH 00 DEGREES 19 MINUTES 00 SECONDS WEST, A I:?IST'ANCE OF 760.46 FEET; THENCE RUN SOUTH 70 DEGREES 56 MINUTES 33 SECONDS EAST, A DISTANCE OF 403.61 FEET: TH;" JCE RUN NORTH 53 DEGREES 42 MINUTES 56 SECONDS EAST, A DISTANCE OF 149.10 FEET; THENCE RUN NORTH 00 DEGREES 18 MINUTES 00 SECONDS EAST, A DISTANCE OF 785.18 FEET; THF,,NCE 1?.i.,T•i S(_')UJ'IT 89 D �,GREES 52 `MW)TES 23 SECONDS WEST, A DI,S)'I"ANCL C,1- l7.86 FI r;T; T'ti?'.iv:'E Rl'N NOR71` 00 DEOREF;, 27 MIiP;LrrEs 16 SECONDS EAST, A EASTANCE OF! 5.00 FEETTO AN IRON PIN MARKER; 1 I11- NCE RUN NORTH 89 DI_.GREI S 32 MINU1'F,S 44 SECONDS Wr'S'T, A 1!i jTANC�fl 11` Q.R: 73 TLlT,'I 'Pr% CIM 77:1T_N!T �t�. ITS:P."\T!'nrn -ter? j f�-(,�.e.iI•?;n ...... _ ., r .. •.ii... 9_55 ACRES, _ JORL OR LESS. AN D I:IES IN THE `COI[ fl'1IWEST' QUARTER OF SECTION 24, TOWNSHIP 6 SOUTH, RANGE 2 EAS.` 3ALDWIN COUNTY, ALABAMA. A snap of the property to be zoned is a!tached as Exhibit A MAIL TO: CITY OF FAIRHOPE P.O. DW R 429 FAIRHOPE, AL 36533 4. . 0 S Ordinance No. 1349 Steel Branch Subdivision Page — 2 — The property is hereby zoned R-2 Medium Density Single Family Residential District Concurrent with Annexation into the City of Fairhope. 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 Lion as requ icd by law. ADOPTED THIS 8TH DAY OF NOVEMBER, 2007. ATTEST W. Johnson, ' A r M\kan, Mayor CITE FAIRHOPE P.O. DWR 429 FAIRHOPE, AL 36533 Rev 06/2006 CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 PETITION FOR ANNEXATION STATE OF ALABAMA COUNTY OF BALDWIN 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, 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. 0 This petition is for R-1 Zoning ® The condition of the Petition is that zoning be established as R- 2 Concurrent with Annexation. (Zoning Request) Is this property colony property Yes X No. If this property is colony property he Fairhope Single Tax Office must sign as a petitioner. THOMPSON ACHEE DEVELOPMENT, INC Signatpkof Petitioner Print petitioner's name Signature of Petitioner Signature of Petitioner Physical Address of property being annexed: Petitioner's Current Physical Address: 20585 Countv Rd 13 Print petitioner's name Print petitioner's name SEE ATTACHED PARCEL DESCRIPTION Petitioner's Current Mailing Address: P O Box 901 Fairhope, AL 36532 Montrose, AL.36559 Telephone Number(s): 251-379-8481 same Home Work County Tax Parcel Number: 05-46-06-24-0-000-024.00 Backroom:Users:mray: Library:Mail: POP- ;rf oGhP.+..i..,. —f-TXMf V F..*..,o f - rho .,,o ,.,.mA�tir��h•PAr;r;..,. f �.,..P� .i.,� Rev 06/2006 U.S JUSTICE DEPARTMENT INFORMATION Q Size of property (acres or square feet) 5 5 ACRES Q If property is occupied, give number of housing units N/A Q Number of Persons residing in each unit, and their race N/A Q If property is unoccupied, give proposed use Single family residential dev. Q If property is being developed as a subdivision, give subdivision name STEEL BRANCH Q Number of lots within proposed subdivision 18 I„ .. �.Jbq N SM%-VAa Notary Public in and for said State and County, hereby ti ti'certify that . (`_ T , mp 14 whose name(s) is/are signed to the forgoing +�11etjbi and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledge tliat he/she/they have voluntarily executed this Petition on this day same bears date. u Given; under my Hand and Seal this 1(� day of -��Y , 2007, (Seal). v ;� Nota Public My commission expires 5 - 7 - 2Q I, a Notary Public in and for said State and County, hereby certify that whose name(s) is/are signed to the forgoing Petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date. (Seal) Given under my Hand and Seal this day of , 20 , Notary Public My commission expires I, a Notary Public in and for said State and County, hereby certify that whose name(s) is/are signed to the forgoing Petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date. (Seal) Given under my Hand and Seal this day of , 20 , Notary Public My commission expires Backroom:Users:mray:Library: Mai1:POP- ;. f4i 0/y,,,,., J— ,.,.n„YR7FG0 —t•T MAY F— F .• rhA f r onnAv .ins CITY OF FAIRHOPE PETITION FOR ANNEXATION COVEY DR � u m� a f— 1P Gd/ ( COPPER KEY )I ^10�0 �<02 s J 024.001 SITE 9.55 Acres +/- RD STEEL BRANCH SUBDIVISION; A' Parcel No. 05-46-06-24-0-000-024.001 1 V The proposed site is contiguous to the adjacent property to the West- R2 and to the North- R1. COF GIS Plaminy Dept. D. PowaN BP1007 Lt� 6, qao-�Vpk-) g FATRT-TOPE I'LANNTNC COWUSSTON FINAL REPORT OF ZONING Text Change to Zoning Ordinance R ZQ s' • Request for.GL.auqQ.ef Zonin<, District I By., S6 wftduu— (Appl cant) Desci-iption acid'Alap is attached The Commission has field a public hearing on this matter prior to this final report and wishes to report to the F'airliope 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 (Is) (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 implementing the proposed changes as provided by law. Members Present Voting Aye Voting Nay Abstain Respectfully submitted: Irman I CITY OF FAIRHOPE PLANNING AND ZONING COMMISSION COVER SHEET September 04, 2007 07-04 Request to consider the application of Thompson Achee Development, Inc. for an initial zoning of R-2 (Medium Density Single -Family Residential District) concurrent upon Conditional Annexation for property located just south of where the street stub - outs for Dover Lane and Quail Creek Drive are located. STAFF INTERPRETATION: The subject property is in Baldwin County and is un-zoned. The property contains approximately 9.55± acres. The applicant is requesting an initial zoning of R-2 (Medium Density Single -Family Residential District) concurrent upon Conditional Annexation. The Articles of Incorporation for Thompson Achee Development, Inc. includes: Chris Achee and Cole Thompson. EDS, LLC is the engineering firm representing the applicant. The subject property is the site for the recently approved Steel Branch Subdivision. Lot sizes vary from 12,212 square feet to 18,175 square feet. The minimum lot size required for the R-2 Zoning District is 10,500 square feet. The site is contiguous with land in the City of Fairhope. Section 11-42- 21 of the State Code of Alabama states: "Whenever all of the owners of property located and contained within an area contiguous to the corporate limits of any incorporated municipality located in the state of Alabama and such property does not lie within the corporate limits or police jurisdiction of any other municipality, shall sign and file a written petition with the city clerk of such municipality requesting that such property or territory be annexed to the said municipality, and the governing body of such municipality adopts an ordinance assenting to the annexation of said property to such municipality, the corporate limits of said municipality shall be extended and rearranged so as to embrace and include such property and such property or territory shall become a part of the corporate area or such municipality upon the date of publication of said ordinance." Quail Creek Estates, Unit IV is directly east of the subject property. The Copper Key subdivision is north of the site and it is zoned R-1 (Low Density Single Family Residential). East and south of the subject property lies un-zoned County land. The issues associated with this request are as follows: Comprehensive Plan: This request is not contrary to the Comprehensive Plan. Adjacent Properties: R-2 zoning for the subject site will not conflict with any adjacent property's zoning or land uses. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the R-2 (Medium Density Single -Family Residential District) zoning request. Respectfully Submitted for Consideration, fnathan I. Smith B. Gregg Mims Planner Planning Director City of Fairhope City of Fairhope _ v r (/ The names and addresses of the persons who are to serve as directors until the first annual meeting of the shareholders or until such successors are elected and qualified are: COLE THOMPSON P. 0. BOX 1288 MONTROSE, ALABAMA 36559 CHRIS ACHEE P. 0. BOX 901 MONTROSE, ALABAMA 36559 ARTICLE EIGHT INCORPORATORS The names and addresses of the Incorporators are: COLE THOMPSON P. 0. BOX 1288 MONTROSE, ALABAMA 36559 CHRIS ACHEE P. 0. BOX 901 MONTROSE, ALABAMA 36559 the undersigned, have subscribed our names on this the --7We, 4 r day of �� YL- 2006. COLE THOMPSON d'�� a4--' CMRZS ACHEE THIS INSTRUMENT PREPARED BY: State of Aiabaxra, Baldwin County DUCK, CALHOUN & STONE I certify this instrument was filed Wm. Daniel Calhoun and taxes collected on: Attorney at Law 2NG September-29 1:33PM Post Office Box 1188 Fairhope, Alabama 36533 Instrument Kaber 1884752 Pages _ 3 Telephone: (251) 928-2191 D carding 58.88 flintTaie Index DP 5.88 Corp\thospach.art Archive 5.88 , Adrian T. Johns, Judge of Probate