HomeMy WebLinkAboutO-1402ORDINANCE NO. 1402
AN ORDINANCE AMENDING ORDINANCE NO. 1253
KNOWN AS THE ZONING ORDINANCE
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 Klumpp Family Limited Partnership generally located on the west side of State
Highway 181 just south of Fairhope Avenue, Fairhope, Alabama.
TAX PARCEL 05-46-05-15-0-000-003.800
Legal Description: (Case number ZC 09.02)
COMMENCE AT AN IRON PIN MARKER AT THE NORTHWEST CORNER OF LOT
30 OF JACKSON PLACE SUBDIVISION, PHASE TWO, AS SHOWN BY MAP OR
PLAT THEREOF RECORDED AT SLIDE NUMBER 2117-D, PROBATE RECORDS,
BALDWIN COUNTY, ALABAMA, FOR A POINT OF BEGINNING: THENCE RUN
SOUTH 89 DEGREES 35 MINUTES 40 SECONDS EAST, ALONG THE NORTH
MARGIN OF SAID JACKSON PLACE SUBDIVISION, PHASE TWO, FOR A
DISTANCE OF 240.98 FEET TO AN IRON PIN MARKER; THENCE RUN NORTH 00
DEGREES 26 MINUTES 13 SECONDS EAST, FOR A DISTANCE OF 119.95 FEET TO
AN IRON PIN MARKER; THENCE RUN SOUTH 89 DEGREES 35 MINUTES 46
SECONDS EAST, FOR A DISTANCE OF 59.99 FEET TO AN IRON PIN MARKER;
THENCE RUN SOUTH 00 DEGREES 26 MINUTES 13 SECONDS WEST, FOR A
DISTANCE OF 119.95 FEET TO AN IRON PIN MARKER; THENCE RUN SOUTH
89 DEGREES 35 MINUTES 40 SECONDS EAST, FORA DISTANCE OF 61.27 FEET
TO AN IRON PIN MARKER ON THE WEST MARGIN OF ALABAMA HIGHWAY
NUMBER 181; THENCE RUN NORTH 00 DEGREES 25 MINUTES 33 SECONDS
EAST, FOR A DISTANCE OF 1251.62 FEET TO AN IRON PIN MARKER; THENCE
RUN NORTH 89 DEGREES 33 MINUTES 02 SECONDS WEST, FORA DISTANCE OF
362.10 FEET TO AN IRON PIN MARKER; THENCE RUN SOUTH 00 DEGREES 25
MINUTES 56 SECONDS WEST, FOR A DISTANCE OF 1251.89 FEET TO THE
POINT OF BEGINNING. TRACT CONTAINS 10.24 ACRES, MORE OR LESS, AND
LIES IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 6 SOUTH,
RANGE 2 EAST, BALDWIN COUNTY, ALABAMA.
A map of the property to be zoned is attached as "Exhibit A"
1. That, attached as "Exhibit A" is an approved site plan. The property must develop in
substantial conformance with the approved site plan.
That, the following development regulations shall govern:
Setbacks: Front (Hwy 181) — 110% Rear — 40% Side— 10'
Ordinance No. 1402
Idlewild Place
Page — 2 —
Building Height: Maximum of thirty feet (30') measured to the mean roof line.
Building Coverage: Maximum of thirty percent (30%).
Lot Coverage: Maximum of eighty percent (80%).
Exterior Building Construction: All buildings shall have "four-sided" architecture.
Screening: An eight foot (8') privacy fence shall be constructed on the property lines of
the PUD that abut single-family residential zoning and/or uses.
Buffers: Along the west boundary, a 20' drainage easement and a 20' heavily landscaped
buffer (40' total) shall separate the PUD from the residential lots in Idlewild. Along the
south boundary, a 20' heavily landscaped buffer shall separate the PUD from Jackson
Place. Along the east boundary, a 60' construction setback/buffer shall separate the PUD
from State Hwy. 181.
Exterior Lighting: Light poles shall be a maximum of ten feet (10') high and lighting
shall not be directed to adjacent properties.
Parking: Fifty percent (50%) of the parking surfaces shall be of a pervious material.
Hours of Operation: 5:30 AM to 11 PM
Permitted Uses: Education or Training Facility; General Office Space; Professional
Office Space; Retail — Grocery; Retail — Convenience (No Gas); Retail — General
Merchandise; Drug Store; Coffee Shop (Including Drive-Thru); Post Office; Bank;
Barber/Beauty Salon; Film/Photo; Tailor; Office Support Services; Fitness Club; Dry
Cleaning/Laundry; Restaurant (No Drive-Thru); Catering; Florist; Bakery
Landscaping: The 20' heavily landscaped buffers along the western and southern
boundaries shall consist of hollies, pines, cedars, wax myrtles and/or native oaks. There
shall be three (3) total rows of landscaping; one (1) row of 3-3 '/2 "caliper trees and two
(2) staggered rows of 15 gallon shrubs.
The 60' setback/buffer to the east, along State Hwy. 181 shall be planted with two (2)
staggered rows of 3-3 ''/z" caliper trees.
Site Plan: A site plan for each lot shall be reviewed for Building Department approval
and Site Plan approval as required by the City of Fairhope Regulations.
All site plan requirements and standards not specifically addressed on the PUD site plan
and this ordinance shall be as per City of Fairhope zoning, subdivision and building
requirements. This shall include, but is not limited to the following:
Parking and Circulation; Detailed Landscaping; Exterior Lighting; Exterior
Construction Materials; Special Fire Protection; Outside Storage/Display; Refuse
and Waste Storage; Accessory Buildings; Open Space (Minimum of 10% per lot)
Connectivity: A pedestrian walk through connection only (at Orleans Drive), with
emergency vehicle access provided through use of a transmitter activated device on the
emergency vehicle, which can open a motorized gate if absolutely necessary.
Ordinance No. 1402
Idlewild Place
Page — 3 —
The property is hereby rezoned from RA (Residential Agriculture) to PUD (Planned Unit
Development). 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 and approved this 26th day of October, 2009
ATTEST:
isa A. Hanks, City Clerk