HomeMy WebLinkAboutO-1362ORDINANCE NO. 1362
AN ORDINANCE AMENDING ORDINANCE NO. 1253
KNOWN AT THE ZONING ORDINANCE
AMENDING ORDINANCE NO. 1308
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 Fairfield, Phase VI on the 10'h of July 2006.
The Riverton Land Co., 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 The Riverton Land Co., LLC is generally located at the northeast corner of
Twin Beech Road and Boothe Road, Fairhope, Alabama.
FAIRFIELD, PHASE VI
TAX PARCEL 05-46-05-21-0-000-031.187
Legal Description: (Case Number ZC 08.04)
BEGINNING AT THE SOUTHWEST CORNER OF FAIRFIELD PLACE, UNIT III, SLIDE
NUMBER 1814-B, THENCE RUN S-89054'52"-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-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, 93 0.3 8 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST
CORNER OF FAIRFIELD PLACE, UNIT IV; THENCE RUN N-89049'52"-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-3 505 1'49"-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-0090'08"-E, ALONG SAID EAST BOUNDARY OF FAIRFIELD
PLACE, UNIT II1, 450.09 FEET TO THE POINT OF BEGINNING, CONTAINING 9.24 ACRES,
MORE OR LESS.
Ordinance No. 1362
Fairfield, Phase VI — PUD Amendment
Page — 2 —
1. That, attached as "Exhibit A" 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.
2. That, the following amendments have been made to the PUD:
Uses: Residential only — Five (5) detached single-family units, fifteen (15)
detached Townhomes, five (5) attached Townhomes and twelve (12)
garden homes.
The Planned Unit Development (PUD), for Fairrield, Phase VI, is hereby
amended (Ordinance No. 1308). 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 9th day of June, 2008.
ATTEST:
i4.Ad, �_11
-A)anks, City Clerk
By:
FAZRIJOPE I'LANNrNG COMN4fSSr__
RNAL REPORT OF ZONINTG ;--t_ .: 'I)ti11:�' I
Text Change to Zoning Ordlllance
Request for change of Zoning District
(Applicant)
'kh�kwAv-�
Description and Map is attached
(7/f
The Colnrrussion 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.
f Members Present
i
Voting Aye Voting Nay Abstain
Respectfully submitted:
airman
CITY OF FAIRHOPE
PLANNING AND ZONING CITY COUNCIL COVER SHEET
May 6, 2008
ZC 08-04 Request of Scott Hutchinson of HMR, LLC for PUD (Planned Unit
Development) Amendment approval for Fairfield, Unit VI. The
property is located on the northeast corner of Twin Beech Road
and Booth Road.
STAFF INTERPRETATION:
Application History:
The applicant is requesting an amendment to the PUD approved on August 1,
2005. The property is approximately 9.2 acres and is located at the corner of
Boothe Road and Twin Beech Road. At the time of original approval, the property
was rezoned from R-3 to PUD. The initial Master Plan consisted of 8 garden
homes and 32 townhomes. On June 5, 2006, the PUD was amended by the
Planning Commission to 12 detached single family units and 20 attached
townhomes (4 buildings with 5 units each).
The applicant is requesting to modify 15 (5 units in 3 buildings) attached
town homes units to 15 detached town home units along the west property
line.
The investors associated with the development are as follows: Scott E. Williams,
Brian Fink, Beverly T. Williams, David S. Hyland, Scott Doll, Herman Roberts,
Ed Erickson, and Nancy Howard.
The issues associated with this request are as follows:
Comprehensive Plan: The amendment is not contrary to the Comprehensive
plan.
Density: Density has not changed from the original plan
Land Use: The property will be residential only.
Housing Types: There are 15 detached single family residential units, 12
garden homes and 5 attached townhome units.
Lot Size: The proposed mixed development will be of R-3 sized single family
lots and multi -family townhomes.
Drainage: The applicant has submitted a signed and sealed verification letter
that this modification will not impact the drainage plans as previously submitted.
PLANNING COMMISSION RECOMMENDATION:
On April 7, 2008, the Planning Commission voted to recommend the City Council
approve as requested.
Respectfully Submitted for Consideration,
Nancy Milford B. Gregg Mims
Planner Planning Director
City of Fairhope City of Fairhope
Page 3 of ?
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 & Rauch LLC Phone #: 251-626-2626
Street Address: 2039 Main Street Zip: 36526
City: Daphne State: AL p
Property Owner Information If different than above.
Property Owner: The Riverton Land Co.. LLC Phone #: 251-990-3165
Address of Property Owner: Post Office Box 458 Zip: 36533
City: Fairhope State: AL p
Current Zoning of Property: Existing PUD
Property Address: Undeveloped portion of Fairfield Place
Proposed Use of the Property: Planned Unit Development
Property Legal Description: See Attachment A
Reason for Zoning Change: Modif 15 attached Townhome units to 15
detached townhome units along the west pro-perty pro-perline.
Property Map Attached 91 YES ❑ NO
Metes and Bounds Description Attached ❑ YES
0 NO
Names and Address of all Real Property Owners within 300 Feet of Above Described Property
Attached. El YES ❑ NO
Zoning Change Fee Calculation
See Revised Fee Schedule
Filing Fee: $1,000 00
Certified Letters:
Publication: $20.00
Total: $1 020 00
Certification: I Qertify that I am the property owner,
or authncorre
t,.and attest t all facts are
true anSignatu
Date: z 7/ o
02-26-08A09:31 RCVD
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OWNER
THE RIVERTON [AND COMPANY, LLC
P.O. BOX 458
FAIRHOPE, ALABAMA 36533-0458
ENGINEER
PLACE UNIT 10
160 1814-e LOT 5
SCOTT A HUTCHINSON, P.E.
ALA UC. NO. 21830
SURVEYOR
JOHNNY E HOLLEY, .P.L.S.
ALA UC, NO. 23660
ILOT 4
SITE DATA
I
PRESENTLY ZONED PUD
NUMBER OF GARDEN HOME LOTS - 12
NUMBER OF IDWNHOMES = 20
SINGLE FAMILY RESIDENTIAL LOTS = 5
------
TOTAL ACREAGE OF SITE- 9.2.+ ACRES
TOTAL- DENSITY OF SITE = 29.5R
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TAT 3
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W
yDESCRIPTION
OF PROPERTY
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LOT 2
BEGINNING AT THE SOUTHWEST CORNER 'OF FAIRFIELD PLACE, UNIT III, SUDE
NUMBER 1814-B, THENCE RUN S-EIW54'52"-W ALONG THE NORTH
I V
RIGHT-OF-WAY LINE OF BALDWIN COUNTY ROAD NUMBER 4-4, 367.65 FEET TO A
POINT WHICH IS THE INTERSECTION OF BALDWIN COUNTY ROAD NUMBER 44 AND
BOOTH ROAD; THENCE RUN N-00'09'64'-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
------
BONG THE SOUTHWEST CORNER OF FAIRRELD PLACE, UNIT N; THENCE RUN
N-89'49'52'-E, LEAVING SAID EAST RIGHT-OF=WAY LINE OF BOOTH ROAD AND
I
ALONG THE SOUTH BOUNDARY •OF,FAIRFIELD PLAUNIT IV, 1,1.50 FEET TO A
POINT; THENCE RUN S-79'25'03'-E ALONG SACE, ID SOUTH BOUNDARY OF FAIRFIELD
I
LOT 1
PLACE, UNIT N, 211.52 FEET TO A PONT. THENCE RUN S=7757'12'-E, ALONG
SAID SOUTH BOUNDARY "OF FAIRFIELD PLACE, UNIT N, 94.76 FEET TO A POINT;
THENCE RUN S-55'21'26'-E ALONG SAID SOUTH BOUNDARY OF FAIRFIELD PLACE,
UNIT N, 299.44 FEET TO A POINT, SAID POINT BEING THE NORTHWEST- CORNER
I
OF FAIRFIELD PLACE. UNIT N; THENCE RUN S-3651.49'-W ALONG SAID FAST
BOUNDARY OF FAIRFELD PLACE,, UNIT W. 172.47 FEET TO A -POINT; THENCE RUN
I
N-82'34'18'-W, ALONG SAID FAST BOUNDARY OF FAIRFIELD PLACE, UNIT [it, 92.94
FEET TO A POINT; THENCE RUN S-37'27'39'-W ALONG SAID EAST BOUNDARY OF
l- - - -
FAIRFIELD PLACE, UNIT III. 159.64 FEET TO A POINT; THENCE RUN S-00'10'OS"-E•
ALONG SAID EAST BOUNDARY OF FAIRFIELD PLACE, UNIT 01, 450.09 FEET TO THE
POINT OF BEGINNING, CONTAINING 9.24 ACRES, MORE OR LESS.
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