HomeMy WebLinkAboutO-1373ORDINANCE NO. 1373
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 favorable recommendation,
The property of Christopher L. Haley located at 7220 Parker Road, Fairhope, Alabama.
PARKER PLACE SUBDIVISION
TAX PARCEL 05-46-03-07-0-000-018.000
Legal Description: (Case number ZC 08.08)
COMMENCING AT THE PURPORTED SOUTHEAST CORNER OF THE FORBES GRANT
SECTION 7, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA;
THENCE NORTH 14 DEGREES 27 MINUTES 26 SECONDS WEST, A DISTANCE OF
349.99 FEET TO A POINT; THENCE SOUTH 75 DEGREES 41 MINUTES 02 SECONDS
WEST, A DISTANCE OF 773.72 FEET TO A POINT LOCATED AT THE NORTHEAST
CORNER OF LOT 4 CHARBON WOODS SUBDIVISION; THENCE SOUTH 76 DEGREES
00 MINUTES 00 SECONDS WEST, ALONG THE NORTHERN BOUNDARY OF
CHARBON WOODS A DISTANCE OF 108.16 FEET TO A CRIMPED TOP PIPE FOUND,
SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID
NORTHERN BOUNDARY SOUTH 76 DEGREES 00 MINUTES 00 SECONDS WEST, A
DISTANCE OF 491.17 FEET TO A POINT TO A IRON PIPE FOUND ON THE EAST
RIGHT-OF-WAY LINE OF SCENIC HIGHWAY NO. 98 (80 FOOT RIGHT-OF-WAY);
THENCE ON A CURVE TO THE RIGHT, HAVING A ARC LENGTH OF 253.00 FEET,
WITH A RADIUS OF 1,527.00 FEET AND BEING SUBTENDED BY (A CHORD OF
NORTH 01 DEGREES 55 MINUTES 38 SECONDS WEST, A CHORD DISTANCE OF
252.71 FEET) TO A POINT; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE
NORTH 00 DEGREES 13 MINUTES 18 SECONDS WEST, A DISTANCE OF 75.64 FEET
TO A CRIMPED TOP PIPE FOUND AT A MITER POINT OF SAID EAST RIGHT-OF-WAY
LINE OF SCENIC HIGHWAY NO. 98 AND THE SOUTH RIGHT-OF-WAY LINE OF
PARKER ROAD (80 FOOT RIGHT-OF-WAY); THENCE NORTH 35 DEGREES 07
MINUTES 10 SECONDS EAST, ALONG SAID MITER A DISTANCE OF 77.66 FEET TO A
CRIMPED TOP PIPE FOUND; THENCE NORTH 69 DEGREES 47 MINUTES 09
SECONDS EAST, ALONG SAID SOUTH RIGHT-OF-WAY OF PARKER ROAD A
DISTANCE OF 319.92 FEET TO A CRIMPED TOP PIPE FOUND AT THE NORTHWEST
CORNER OF LOT 1 FLYING CREEK SUBDIVISION; THENCE SOUTH 20 DEGREES 07
MINUTES 14 SECONDS EAST, ALONG THE WESTERN BOUNDARY OF FLYING
CREEK SUBDIVISION A DISTANCE OF 408.37 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 3.795 ACRES, MORE OR LESS.
A map of the property to be zoned is attached as "Exhibit A"
Ordinance No. 1373
Parker Place
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.
2. That, the following development regulations shall govern:
Lots: There shall be 8 lots with twenty percent (20%) open space requirement and
maximum lot coverage of 40% with a note placed on the preliminary plat, site plan and
the construction drawings stating the required maximum lot coverage of 40%.
Impacts on Natural Resources: The applicant shall take all necessary best
management steps during development to minimize runoff of sediment to Fly Creek and
maintain the area as naturalized as possible. Lots to be cleared, as they are sold and ready
for a building permit, to minimize soil loss and potential deposition to Fly Creek with
minimal land disturbance during construction.
Setbacks: Setbacks are specified on the attached site plan as follows: Front setback-
15'; Rear Setback-20' Side Setback-10'; Front Garage Setback: 20'.
Landscape Buffers: 30' along Scenic Highway 98; 20' along Parker Road, 30' in
Common Area 4
Building Height: Maximum building height of 35 feet to run to the median roof line.
Utility Easements: Utility easements shall be at the front of all lots.
Sidewalks: The pedestrian circulation plan shall provide pedestrian connectivity in the
Southern Common area to the Eastern Shore Trail. The sidewalk shall be routed to have
maximum tree preservation and connectivity with minimal impact to the natural
vegetation in the buffer. A sidewalk shall be added along Parker Road.
Common Area: All common area areas shall be maintained by the property owners
association including on -site drainage.
Screening/Buffer Zones/ Landscaping: The landscaped buffers along Highway 98
and Parker Road shall remain natural and heavily wooded creating a dense buffer. Any
modification to the buffer shall be approved by the Public Works Director. A tree
protection and barrier plan specifying the barrier detail shall be submitted for all trees
over 20" dbh.
Accessory Buildings: All accessory structures proposed in the future shall meet the
requirements of Article III Section C2 and Article III Section D 9 of the City of Fairhope
Zoning Ordinance.
Exterior Lighting: Any lighting from the site shall not spill over on to adjacent
properties.
Other: All outside agency approvals shall be obtained prior to the issuance of a land
disturbance permit.
Ordinance No. 1373
Parker Place
Page — 3 —
The property is hereby initially zoned to Planned Unit Development (PUD) 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 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 structure be erected only in compliance with such
laws, including the requirements of Ordinance No. 1253.
Severability Clause — If any part, section or 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 24TH DAY OF NOVEMBER, 2008.
ATTEST:
isa A Hanks, City Clerk
.o W
OH o
Timothy M.gKanit, Mayor
1'tA y pr Y LtDe,n