HomeMy WebLinkAboutO-1350BALDWIN COUNTY, ALABAMA
JUDGF ADRIAN T. JOHNS
Filedicert. 1;23I2[012:36 PM e�
TOTAL S 22.00
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ORDINANCE NO. 1350
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 tavorabie recommendation,
The property of Eastern Shore Affordable Houses, Inc. generally located at the end of New Era
Drive, Fairhope, Alabama.
ST. JOSEPH'S WAY
TAX PARCEL 05-46-03-37-:1-015-177.000
Legal Description: (Case number ZC; 07.06)
COMMENCING AT THE NORTHVI%FST C 0RNE,:R (lF Tt-I_E, NQRT4EA.c.T QUARTER TE r;r
SECTION 20, TOWNSHIP 6 SOUTIi, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA;
THENCE RUN SOUTH 00 DEGREES 00 MINUTES 20 SECONDS EAST, 1849.31 FEETTO
A POINT; THENCE RUN SOUTH 89 DEGREES 40 MINUTES 00 SECONDS WEST, 229.36
FEET TO A POINT; THENCE RUN' SOUTH 87 DEGREES 20 MINUTES 47 SECONDS
WEST, 75.48 FEET TO A HMR CAPPED REBAR AND THE POINT OF BEGINNING;
THENCE RUN SOUTH 27 DEGREES 21 MINUTES 27 SECONDS WEST, 46.94 FEET TO
A HMR CAPPED REBAR; THENCE RUN SOUTH 20 DEGREES 04 MINUTES 07
SECONDS WEST, 42.51 FEET TO A HMR CAPPED REBAR; THENCE RUN SOUTH 11
DEGREES 00 MINUTES 37 SECONDS WEST, 99.28 FEET TO A CAPPED REBAR;
THENCE RUIN,` NORTH 58 DEGREES 49 MINUTES 12 SECONDS WEST, 133.86 FEET TO
A'/4" PIPE; THENCE RUN SOUTH 31 DEGREES 36 MINUTES 29 SECONDS WEST,
275.35 FEET TO A HNIR CAPPED REBAR; THENCE RUN. -NORTH 69 DEGREES 20
MINUTES 30 SECONDS WEST', 73.70 FEET TO A HMR CAPPED REBAR, SAID POINT
BEING ON THE EASTRIGHT-OF-WAY OF NEW ERA LANE; THENCE RUN NORTH 25
DEGREES 18 MINUTES 00 SECONDS EAST, ALONG SAID EAST RIGHT -OF. -WAY OF
NEW ERA LANE. 126.00 FEET TO A HMR CAPPED REBAR: THENCE RUN NORTH 64
DEGREES 42 MINUTES 00 SECUNTDS WEST, ALONG THE .NORTH RIGHT-OF-WAY OF
NEW ERA LANE, 20.00 FEET TO A HMR CAPPED REBAR; THENCE RUN NORTH 25
DEGREES 54 MINUTES 14 SECONDS EAST, LEAVING SAID NORTH RIGHT-OF-WA-Y
OF NEW ERA LANTF I T74 DEFT TOE A 9T'Fjl e x'• 'rt.�r.• rrE v l;r;,RLEu
MINUTES 48 SECONDS EAST, 202.58 FEET TO A !/-. OPEN TOP IRON; 'THF,NCE RUN
NORTH 13 DEGREES 47 MINUTES 27 SECONDS EAST, 91.97 FEET TO A REBAR;
THENCE RUN NORTH 88 DEGREES 51 MINUTES 00 SECONDS EAST, 252.20 FEET TO
A CAPPED REBAR; THENCE RUN SOUTH 00 DEGREES 12 MINUTES 08 SECONDS
EAST, 106.34 FEET TO THE POINT _Ur BEGIN -WING CONTAINING 2.0 ACRES, MORE
OR LESS.
A'Imap of the properiy to be zoned is attached as, Exhibit bfT (OF FAIRHOPE
P.O. DWR 429
FAIRHOPE, AL 365's
Ordinance No. 1350
St. Joseph's Way
Page — 2 —
The property is hereby initially zoned R-3 High Density Single Family Residential District
Concurrent with Annexation into the Pity cf F ala hose, T:,is propefty 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
approved 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 14TH DAY OF JANUARY, 2008.
ATTEST:
eniece W. Johnson, Ci lerk
r�-
0Lj-
MAIL TO:
CITY OF FAIRHOPE
P.O. DWR 429
FAIRHOPE, AL 365
CITY OF FAIRHOPE
CONDITIONAL PETITION FOR
ANNEXATION FORM
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.
THE CONDITION OF THE PETITION THAT IS ZONING BE ESTABLISHED
AS R3 — High Density Single Family
CONCURRENT WITH ANNEXATION
IN TNESS WHEREOF, the PETITIONER(S) have caused these presents to be executed this _r-2L=it__ day of
, 2007
�4—
Si6nature of p itioner
Signature of petitioner
Sister Julie Guillot, Director
Print petitioner's name
Print petitioner's name
Physical Address of property being annexed: 7390-7400B New Era Drive, Fairhope, AL 36532
Petitioner's Current Physical Address:
Eastern Shore Affordable Houses, Inc.
7410 Mary's Lane, Fairhope. AL 36532
Petitioner's Current Mailing Address:
Eastern Shore Affordable Houses, Inc.
Post Office Box 2804, Daphne, AL 36526
Telephone Number(s): 251-604-0933 251-928-4386
Home Work
County Tax Parcel Number: 46-03-37-0-015-177.00
U.S. JUSTICE DEPARTMENT INFORMATION
❑ Size of property (acres or square feet) 2.0+/-
11 If property is occupied, give number of housing units 4
❑ Number of Persons residing in each unit, and their race 7390 — 2 people, 7400A — 2 people, 7400E —
3people, 7400 — 4 people, all African American
❑ 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 )(
COATYOF BALDWIN )(I, � a Notary Public in and for said County, hereby certify that the �� TO:
,'P TITIQNER(s) whose name(s) is/are signed to the foregoing Petition and who is/are known to me, this day appeared
�l 46re•r;4 nd; beingfirst duly sworn, acknowledge tha�she/the have vol ntaril executed this Pe ps-QrytFy
bearsdate'.`�•� y gn Y y y lrl T VryiHOPE
;� �y(Z a!�•;Given under my Hand and Seal this "` day of ?ODWR 429
Seal � FAlR�-10PE, AL 36533
09-25-07AC9:1 i C
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CITY OF FAIRHOPE
PETITION FOR ANNEXATION
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177.000
2.0 Acres +/-
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St. Josephs Way
/
ITY OF FAIRHOPE ZONING
oning
B-1 Local Shopping District
P-1 Parking
mil[
B-2 General Business District
B-3a Tourist Resort Lodging District
B-3b Tourist Resort Commercial Service Distncli
R3 TH Townhouse Single Family
B-4 Business and Professional District
M-1 Light Industrial District
PUD Planned Unit Development
>
R-1 Low Density Single -Family
Rt(a)
ri
_
R1(b)
`
RI(c)
Z
R-2 Medium Density Single -Family
R-3 High Density Single -Family
R-3 PGH Patio/Garden Single Family
I
Rb High Density Dwelling Residential
Q
R� Mobile Home Park District
R-A Residential /Agriculture District
—
R 4 Low Dens Multi-Famil
ST. JOSEPH'S WAY Parcel No. 05-46-03-37-0-015-177.000
To the East and West is zoned R-1 Single Family.
The proposed site is contiguous to the adjacent property.
CITY OF FAIRHOP
P.O. DWR 429
cn launoc AL 86
COF GIS
Planning Dept.
D. Pawdl
11 / 2Da7
I+AIRI-IOPE PLANNING COMMISSION
FINAL REPORT OF ZONIiNG AMI:.\'IYMENT
3� t
Text Change to Zoning Ordinance -- �-C 7` V
C • Request for change of Zoning Districts`,�,y� S
� � 11
tt �d'UtJ�
By:TS
(Applicant
Descc-ipfion and Nfap is at ached
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
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 Not) Recommend that the City Council adopt an ordinance
implementing the proposed changes as provided by law.
Members Present Voting Aye Voting Nay ,Abstain
loci �t�c�.
Respectfully submitted:
CI airman
CITY OF FAIRHOPE
CITY COUNCIL COVER SHEET
December 17, 2007
07-06 Request of Sister Julie Guillot of Eastern Shore Affordable Housing for
R-3 (High Density Multi -Family District) zoning concurrent with
conditional annexation for St. Joseph's Way. The subject property is
located at the end of New Era Lane.
STAFF INTERPRETATION:
Application History: The applicant requests to zone the property to R-3 High Density
Single Family District, conditional upon annexation into the City of Fairhope. The
applicant is Eastern Shore Affordable Housing, a non-profit organization focusing its
efforts on affordable housing.
The issues associated with this request are as follows:
Comprehensive Plan: This request is not contrary to the Comprehensive Plan which
encourages efforts of affordable housing and community economic diversity.
Lots: The property consists of 4 building sites currently and the applicant is requesting
the lot be subdivided into 7 lots. The R-3 zoning allows for lot sizes of 7800 sf.
Adjacent Properties: Adjacent properties are unzoned to the north, east, south, west
of the site. Properties, located to the north east and north west, are zoned R-1 (Low
Density Single Family Residential District).
Property Size: The property to be annexed is 1.97 acres. Density is 3.55 lots per acre.
PLANNING COMMISSION RECOMMENDATION:
The application was heard on November 5, 2007. The Planning Commission voted
unanimously to recommend approval.
Respectfully Submitted for Consideration,
Nancy Milford B. Gregg Mims
Planner Planning Director
City of Fairhope City of Fairhope
Trisha LoPorto of 7 Troyer Court opposes this development because of
drainage and traffic issues and deprecating property values. Robert Green
of 415 Maple Street owns property to the north and east of the subject
parcel and spoke in opposition. He stated that the plans show the runoff
going east and uphill to his property. He also stated no aerial was submitted
which would have shown approximately 70 trees on the property. Charles
Cuff of 20378 Bishop Road spoke in opposition saying the neighborhood is
single-family residential not multi -family and such zoning would be
regression. Jane Whitehead of 8687 Morphy Avenue said she looked at the
similar development and did not like it. She stated she would move if it were
approved. John Reimer of 5 Troyer Court requests that the Commission
deny this application due to the traffic and drainage problems. He also
stated concerns with the safety of the residents of the proposed units, that
currently school buses block both lanes of Morphy Avenue and emergency
vehicles cannot get though if needed. Mr. Reimer presented the
Commission with pictures of a similar development that is currently under
construction. Scott Lee of 1 Longleaf spoke in favor of the development
saying it is providing living areas at a reasonable cost. Waynard White of
12323 County Road 1 stated that he could not find the LLC registered with
the state though an Internet search he conducted. Chairman Wilson closed
the public hearing. Justin Clements and Richard Borden came forward to
answer any questions. Mike Ford asked if the engineer ever visited the site
and if the runoff was portrayed as running uphill. Mr. Borden responded that
he had visited the site several times and that drainage was not going uphill.
He further stated that there are three areas of drainage to control and the
site has been designed to meet the City's requirements of a 100-year storm.
Dick Charles stated that he would like a second opinion. Jonathan Smith
said that a drainage study was not required for the project, but the drainage
was revised from a 25-year storm to a 100-year storm. Lee Turner asked
what the density would be for R-5 High Density Dwelling Residential District.
Jonathan Smith responded that R-5 would allow 10 units per acre whereas
the applicant was requesting 8.5 units per acre with the proposed PUD.
Justin Clements explained to the Commission that the original site plan had
proposed 32 units, which now has been reduced to 26 units. He further
explained that the facade of the buildings would be Hardy Plank and they
will keep all trees possible. He also stated that the buildings are built to all
standards set by the State and can withstand up to 140 mile per hour winds.
Mike Ford made a motion to deny and forward an unfavorable
recommendation to the City Council. Mayor Kant seconded the motion and
recommended that the Commission vote by show of hands. Motion passed
with one abstention by Dick Charles.
ZC 07.06 Request for R-3 High Density Single Family Residential
District Zoning of Eastern Shore Affordable Housing for St. Joseph's
Way concurrent with annexation for property located at the north end of New
Era Lane. Nancy Milford gave the staff report saying the applicant is
17
requesting to annex 1.97 acres, which currently consist of 4 building sites.
The R-3 zoning requires a minimum lot size of 7,800 s.f. which would allow
for the property to be subdivided into 7 lots. Nancy Milford noted that the
applicant is a non-profit organization focusing on affordable housing. Staff
recommendation was to approve. Chris Baker was present to represent the
applicant. Chairman Wilson opened the public hearing. There was no one
signed up to speak. The public hearing was closed. Lee Turner moved to
accept staff recommendation and recommend approval to the City Council.
Dick Charles seconded the motion. Motion carried unanimously.
SD 07.39 Minor Plat approval of St. Joseph's Way/Chris Baker of
Hutchinson, Moore & Rauch, LLC. Property generally located at the north
end of New Era Lane. Nancy Milford gave the staff interpretation saying the
applicant is proposing a 7-lot subdivision on 1.97 acres. The property is
currently unzoned with R-3 zoning proposed. The applicant is also
requesting a waiver from the minimum street standards in the Subdivision
Regulations. The applicant is a documented 501(C)(3) non-profit
organization providing housing to the working poor in the Fairhope
Community and does not have the financial resources to the meet the full
requirements of the regulations. Staff recommendation was to approve
conditional upon receiving final approval of all water and sewer issues by
the Water & Sewer Superintendent. Chris Baker was present for the
applicant. Dick Charles moved to approve as per staff recommendation with
the condition that all water and sewer issues have final approval by the
Water & Sewer Superintendent. Lee Turner seconded the motion. Motion
carried unanimously.
SR 07.09 Site Plan Approval for Jade Professional Office Building/Trey
Jinright of Jade Consulting, LLC. (Generally located on the east side of
Greeno Road, just south of Gayfer Avenue) Jonathan Smith gave the staff
report saying the property is zoned PUD and is part of the Greeno
Professional Village approved in 2002. The total site area is 36,905 s.f.
(0.847 acres) with a building footprint of 5,000 s.f. and total gross floor area
is 9,999 s.f. Proposed building height is 34 feet 4 inches. The project is in
compliance with the originally approved PUD Ordinance for the Greeno
Professional Village. Staff recommendation is to approve as requested.
Trey Jinright was present to answer any questions. Mayor Kant wanted to
know if the large live oak on the property would be saved. Mr. Jinright
responded that they would be protecting the tree. Dick Charles moved to
accept the staff recommendation. Lee Turner seconded the motion. Motion
carried unanimously.
SD 07.37 Multiple Occupancy Project — Approval of Crown Pointe
Cottages/Trey Jinright of Jade Consulting, LLC. (Generally located on
the south side of County Road 24, just west of U.S. Highway 98) Jonathan
Smith gave the staff interpretation. The applicant is proposing 12 one-story
W
Page 3 of 7
APPLICATION FOR ZONING DISTRICT CHANGE
Applicant / Agent Information
Notarized letter from property owner is required if an agent is used for representation.
Name: Hutchinson, Moore 8s Rauch LLC Phone #: 251-626-2626
Street Address: 2039 Main Street
City: Daphne State: AL Zip: 36526
Property Owner Information If different than above.
Property Owner: Sister Julie Guillot Phone #: 251-604-0933
Address of Property Owner: 7410 Mary's Lane
City: Fairhope State: AL Zip: 36532
Current Zoning of Property: unzoned
Property Address: 7390-7400B New Era Drive Fairhope AL 36532
Proposed Use of the Property: Single Family Residential
Property Legal Description: See attached deed
Reason for Zoning Change: To allow for the creation of Lots that are
conforming to existing conditions
Property Map Attached 0 YES ❑ NO
Metes and Bounds Description Attached 0 YES ❑ NO
Names and Address of all Real Property Owners within 300 Feet of Above Described Property
Attached. 0 YES ❑ NO
Character of Improvements to the Property and
Creation of a seven lot affordable
Zoning Change Fee Calculation
See Revised Fee Schedule
Filing Fee:
Certified Letters:
Publication:
Total:
subdivision.
Construction Date:
Certification: I certify that I am the property owner,
or authorized a ent, end ttest that all facts are
true and co
Signature:
Date:
09-25-07A09:18 RC