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HomeMy WebLinkAboutO-1375ORDINANCE NO. 1375 AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 1373 AND AMENDING O"INANCE NO. 125.3 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" SAIL To: CITY OF FAIRHOPE P.O. DWR 429 FAIRHOPE, AL WM Ordinance No. 1375 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 within the PUD will be 35' from finished floor to peak of roof. 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. MAIL 701 CITY ,Ifr PAIRHOPE P. u. DWR 429 FAIRHOPE, AL 36533 Ordinance No. 1375 Parker Place Page — 3 — 3. That, the property is hereby 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. Ordinance No. 1373 is hereby repealed and replaced by this ordinance. 4. 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. 5. Effective Date — This ordinance shall take effect immediately upon its due adoption and publication as required by law. Adopted and approved this 12th day of January, 2009. ATTEST: isa Hanks, 6ty Clerk =' 0 �U U W a 0 �cc oa Z - w 0 MAIL TO: CITY OF FAIRHOPE P. 0, IDWR 429 FAIRHOPE, AL 36533 ��� �� ��;�.�p� � _ STATE OF ALABAMA COUNTY OF BALDWIN Revised 06/2006 CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 PETITION FOR ANNEXATION )( )( 4�- 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 1 1-42-21, Code of Alabama, 1975, as amended. 0 This petition is for R-1 Zoning [v� The condition of the Petition is that zoning be established as P(-0 Concurrent with Annexation. (Zoning Request) Is this proper colony property Yes ✓ No. If this property is colony prop th e 7,/ le Tax Office must sign as a petitioner. Christopher L. Haley Signat e of Pet' oner Print petitioner's name Signature of Petitioner Print petitioner's name Signature of Petitioner Print petitioner's name Physical Address of property being annexed: 7220 Parker Road Petitioner's Current Physical Address: 16197 Scenic Highway 98 Petitioner's Current Mailing Address: P.O. Box 1348 Point Clear, AL 36564 Point Clear, AL 36562 Telephone Number(s): 251-210-0490 Home Work County Tax Parcel Number: 0 5- 4 6- 0 3- 0 7- 0- 0 0 0- 018 . 0 0 0 Backroom:Users: mray:Library: Mail: POP- tA �TY� A %E i.,f u/hA.•.,.1.,., � ,l..dW7F1;0 n.f•TNTn(lY,,,h—PlI/ F�,.,,,� f .• h..,A .,,..,,Potto�h•PAtiti.... f .• o,,.,o� .1..�1 P.O. DWR 429 FAIRHOPE, AL 36533 Revised 06/2006 U.S JUSTICE DEPARTMENT INFORMATION 0 Size of property (acres or square feet) 3.79 +/- Acres 0 If property is occupied, give number of housing units Not Occupied 0 Number of Persons residing in each unit, and their race None 0 If property is unoccupied, give proposed use Single Family Residential 0 If property is being developed as a subdivision, give subdivision name Parker Place 0 Number of lots within proposed subdivision 8 I, Deborah Alice Martin a Notary Public in and for said State and County, hereby certify that Christopher L . Haley 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, �ttacknowledge that he/she/they have voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal this � day of ✓l.APtL , 2069 , �,Sd l) Notary Public ^,: ►, ;t• NOTARY PUBLIC STAIR OF ES. Sep 2 , 2010 MY COMMISSION EXPIRES: Sept 26, ,_;,,'•_ • My commission expires WNDPDTHRUNOTARY PIJl1.ICUNH9RwW1Rrj 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 MAIL TO: My commission expires LA;ill IT OF FAIRHOPE Backroom:Users:mray:Library:Mai I:POP- � O. �R 429 infne/F,—I——6,),%41Q7PrQ—t•1XJn()Y mhnv PAXI P— fnr th. .un m,mnattorh•Patitinn fnr on— `I FAIRHOPE, AL 36533 ZC 08.08 - Parker Place Subdivision �4 Legend x SD 06.09- Parker Place Subdivision CITY OF FAIRHOPE ZONING; Zoning Q R-A Residential 1Agriadture District C R-1 Low Density Single-Famtiy R1(a) ® R1(b) R1(c) R-2 Medium Density Single-Famiy Q R-3 High Density Single-Famity _ R-3 PGH Patic/Garden Single Family O R-3 TH Townhouse Single Family Q R-4 Low Density Multi-Famiy Q R-5 High Density Dwelling Residential Q R-6 Mobile Hone Park District - B-1 Local Shopping District R� Q &2 General Business District - &3a Tourist Resort Lodging District B-3b Tourist Resort Commercial Service District - B-4 Business and Prdessional District ® W1 Light industrial District ,• ~• - P-1 Parking ...... ' PUD Planed Unit Development +` Parker Place Subdivision L t a r N Parcel No: 05-46-03-07-0-000-018.000 Flaming Dept' CITY OF FAIRHOPE A D. , , v. v .... --- FAIRHOPE, AL 36533 09-04-08P05:03 RCVD 6 FAIRIIOPE PLANNING COMnI-Fil, I{INTAL REPORT OF ZONING ANIF-NDN11-,'JN ' Text Change to Zoning Ordinance (_Request for `Zoning, District �)(Ao �" �"�" (�. / A J ) --�, / A By: (Appli Description and Map is attached The Commission has field a public hearing on this matter prior to this final report and wishes to report to the Fairhope City Council as follows: �( WC (Do (Do Not) recommend the proposed zoning text changes as wise, expedient and necessary for the benefit of the City _,K_VVe 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. AYAW f� �{� Members Present Voting Aye Voting Nay Abstain Respectfully submitted: airman CITY OF FAIRHOPE PLANNING AND ZONING COMMISSION COVER SHEET September 2, 2008 08-08 Public Hearing to consider the request of Christopher L. Haley for an initial zoning of PUD (Planned Unit Development) concurrent upon conditional annexation for the proposed Parker Place Subdivision. The property is.located at 7220 Parker Road, on the southeast corner of Scenic Highway 98 and Parker Road. STAFF INTERPRETATION: Application History: The applicant is requesting to annex into the City of Fairhope and rezone the subject property to Planned Unit Development. The property is approximately 3.79 acres and is located at the Southeast corner of Scenic Highway 98 and Parker Road. The site is zoned in Baldwin County Commission Planning District 16 with the zoning designation of R-2A (Single Family Residential). The investors associated with the development are as follows: Henry W. Morgan Jr. and Christopher Lee Haley. The issues associated with this request are as follows: Comprehensive Plan: The amendment is not contrary to the Comprehensive Plan. Impacts on Natural Resources: This site, is situated in the Fly Creek watershed. 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. Staff recommends the lots be cleared as they are sold and ready for a building permit, to minimize soil loss and potential deposition to Fly Creek and recommends minimal land disturbance during construction. Density, Set Backs and Lot Sizes: The current zoning designation for the property is Baldwin County R-2 A with set backs and conditions as follows: front- 30 ft.; rear-30 ft, side-10 ft, maximum density of 2 dwelling units per acre,- ------ - - - - minimum lot area per dwelling units-20,000 sf, and minimum lot width of 80 feet. Staff recommends the 8 lots with 20% open space and a maximum lot coverage of 40%. A note shall be placed on the preliminary plat, the site plan and the construction drawings stating the required maximum lot coverage of 40%. Pedestrian Circulation: The applicant has worked with the City of Fairhope Director of Public Works, to route the sidewalk in such a way to work for maximum tree preservation. The Eastern Shore Trail runs along Scenic Highway 98. Staff recommends that the pedestrian circulation plan provide pedestrian connectivity in the Southern Common area to the Eastern Shore Trail with minimal impact to the natural vegetation in the buffer and the addition of a sidewalk along Parker Road. Public Street Access: The applicant has proposed. a public street to the city. The street meets the minimum street standards; however, the PUD site plan shall be revised to reflect utility easements at the front of lots. 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 this 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. Drainage: The applicant is proposing an underground drainage system utilizing three pipes, 300 hundred feet long. Drainage will be reviewed upon Preliminary Plat review. Exterior Construction Material: No buildings have been proposed at this time. All building materials used on future development shall be in character and consistent with the surrounding neighborhood developments. 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 (i.e., Baldwin County turnout, ADEM, COE, etc.) shall be obtained prior to the issuance of a land disturbance permit. STAFF RECOMMENDATION: To approve conditional upon the following: 1) The following notes shall be added to the PUD site plan: • The required maximum lot coverage is 40%. • Tweny (20)% open space is required. 2) The PUD site plan shall be revised to reflect utility easements at the front of lots. 3) The pedestrian circulation plan provide pedestrian connectivity in the Southern Common area to the Eastern Shore Trail. 4) All common area areas shall be maintained by the property owners association including the on -site drainage. Respectfully Submitted for Consideration, Nancy Milford Planner City of Fairhope �;' B. Gregg Mims Planning Director City of Fairhope JINRIGHT & ASSOCIATES DEVELOPM '-NGINEERS CONSULTING, LLC August 21, 2008 Ms. Nancy Milford Planner City of Fairhope PO Drawer 429 Fairhope, AL 36532 Re: Parker Place Sub, 7720 Parker Road (ZC 08-08) Conditional Annexation to PUD Dear Ms. Milford: We respectfully submit to you this response to your letter dated August 15, 2008 regarding the referenced project. We have also enclosed the requested copies of the revised documentation. Listed below are the outstanding items outlined in your letter with our comments identified in bold italic: Plan Review: The two lots south of the Parker Place property, noted as City of Fairhope zoning R-2 are actually R- 1 according to the City of Fairhope Zoning Map. This shall be revised to reflect the correct zoning designation. Comment: Site Plan has been corrected. Compliance with the Comprehensive Plan: Connecting the sidewalk to the Eastern Shore Trail will met the goal of connectivity. Comment: Sidewalk has been added. Impacts on Natural Resources: This site is situated in the Fly Creek watershed, which is a highly sensitive watershed. 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. It is recommended that the lots not be cleared unless they are sold and ready for building permit, to minimize soil loss and potential deposition to Fly Creek. Comment: Noted. Setback for Building Structures: The current zoning designation for the property is Baldwin County R-2 A with setbacks and conditions as follows: front - 30 ft.; rear - 30 ft, side -10 ft, maximum density of 2 dwelling units per acre, minimum lot area per dwelling units - 20,000 square feet, and minimum lot width at building lot with of 80 feet. The property is predominately surrounded by City of Fairhope R-I zoning with setbacks and conditions as follows: front - 40 ft, rear - 35 ft, side - 10 ft; maximum height of 30 ft, minimum lot size of 15,000 square feet; and minimum lot width of 100 ft. Staff can only support an R-1 lot size of 15,000 square feet for this PUD. Building setbacks shall be 30 feet on.the front of all lots and a 30 feet rear setback on lots adjacent to Flying Creek Subdivision (see marked plans). POST OFFICE BOX 1391 • FAIRHOPE, ALABAMA 36533 TELEPHONE (251) 928-3443 . FACSIMILE (251) 928-3665 Ms. Nancy Milfo August 21, 2008 Page 2 Comment: The Applicant is aware of the sites many natural features and desires to preserve them. An R-1 zoning of 15,000 square feet per lot yields an approximate density of 2.9 units per acre. Our project proposes 8 lots or 2.11 units per acre. Our proposed average lot size is 13,919 square feet, plus we have 0.75 acres of common areas and buffers. If this common area was added to the average lot size, our projects collective lot average would be in excess of 18,000 square feet. That is 3000 square feet per lot larger then what is required in an R-1 zoning. We also propose smaller building set backs. This allows for bigger building footprint area on the respective lots to work in. The larger area gives more room to locate a house on each lot and work around the many trees. Using this approach we are able to be more creative and maneuver the projects street and other improvements around the property's trees and create a more park like development that blends better with the natural features of the property. Public Street Access: Ramey Lane does not meet the City of Fairhope's minimum street standards. The drive shall remain private. The drive shall be designed to accommodate emergency access vehicles and garbage pick-up. Comment: - Street has been designed to accommodate emergency vehicles and garbage trucks. - Paving buildup and lane widths.meet minimum design standards. - Applicant wishes to have street dedicated. Vehicular traffic, circulation; connections, and parking: Will the residences have sufficient parking availability on the lots, as Ramey Lane will not be able to accommodate on -street parking. Comment: Yes, the potential residences will have sufficient parking available on their respective lots. Screening or buffer zones: The buffer along Scenic Highway 98 shall remain as natural and heavily wooded to prevent a visual intrusion along Scenic Highway 98, to- prevent traffic noise problems for residents. Comment: Noted. Drainage: Drainage will be reviewed upon Preliminary Plat review. Comment: Drainage has been submitted with preliminary plat application. Landscaping: The landscaped buffers along Highway 98 and Parker Road shall remain natural and heavily wooded creating a dense buffer. A tree protection and barrier plan shall be submitted for all trees over 20"dbh. Comment: Construction plans have clearing limits and tree protection requirements listed. Ms. Nancy Milfo August 21, 2008 Page 3 Pedestrian Circulation: It is staffs understanding that the applicant has worked with the City of Fairhope Director of Public Works, to route the sidewalk in such a way to work for maximum tree preservation. The Eastern Shore Trail runs along Scenic Highway 98. Staff recommends that the pedestrian circulation plan provide pedestrian connectivity in the Southern Common area to the Eastern Shore Trail with minimal impact to the natural vegetation in the buffer. Staff recommends a sidewalk be added along Parker Road. Comment: Sidewalk added to plans. Mitigation of noise: Staff recommends a natural and heavily wooded vegetative buffer along Scenic 98 to mitigate traffic noise to the residents. Comment: Noted. Exterior Construction Material: No buildings have been proposed at this time. All building materials used on future development shall be in character and consistent with the surrounding neighborhood developments. Comment. Noted. An Architectural Review Board is being proposed. Special Fire Protection: Fire flow study meeting the ISO regulations will be reviewed upon Preliminary Plat review. Comment: Fire Flow Study has been presented with the preliminary plat application. 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. Comment: Noted. Exterior Lighting: Any lighting from the site shall not spill over on to adjacent properties. Comment: Noted. Best Regards, JADE "Trey" Jinright, III, P.E. dm 08.085 Enclosure t, ��: )LM . 1. A note added to the-PUD site plan — maximum lot coverage of 40% with 20% open space required. 2. The PUD site plan shall be revised to reflect utility easements at the front of the lots 3. The pedestrian circulation plan provide pedestrian connectivity in the southern common area to the Eastern Shore Trail 4. All common area areas shall be maintained by the property owners association including the on -site drainage.