HomeMy WebLinkAboutO-1483ORDINANCE NO. 1483
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1253 KNOWN AS
THE ZONING ORDINANCE TO AMEND ORDINANCE NO. 1376: A PLANNED
UNIT DEVELOPMENT KNOWN AS NORTH VILLAGE AT STONE CREEK;
TO APPROVE A SITE PLAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
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 North Village At Stone Creek PUD on the 22°d of May 2006
and an amendment was made on the 121h of January 2009.
Smart Living, LLC made the application to amend said ordinance, specifically Lot 4, 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 Smart Living, LLC is located north of Stone Creek Subdivision, west of
State Highway 181 (aka County Road 27).
LOT 4, NORTH VILLAGE AT STONE CREEK PUD
TAX PARCEL 05-46-07-26-0-000-002.106
Legal Description: (Case Number ZC 12.03)
COMMENCE AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 6
SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; RUN THENCE NORTH
88 DEGREES 13 MINUTES 09 SECONDS EAST FOR 40.02 FEET TO THE EAST
RIGHT-OF-WAY LINE OF ALABAMA STATE HIGHWAY 181; RUN THENCE SOUTH
89 DEGREES 46 MINUTES 21 SECONDS EAST FOR 560.25 FEET TO THE
NORTHWEST CORNER OF LOT 4 OF NORTH VILLAGE AT STONE CREEK, A
PLANNED UNIT DEVELOPMENT, AS RECORDED ON SLIDES 2369 B & C IN THE
PROBATE RECORDS OF BALDWIN COUNTY, ALABAMA AND THE POINT OF
BEGINNING; RUN THENCE SOUTH 89 DEGREES 46 MINUTES 21 SECONDS EAST
FOR 740.26 FEET; RUN THENCE SOUTH 00 DEGREES 06 MINUTES 19 SECONDS
WEST FOR 20 FEET; RUN THENCE SOUTH 89 DEGREES 46 MINUTES 21 SECONS
EAST FOR 663.06 FEET; RUN THENCE SOUTH 09 DEGREES 04 MINUTES 28
SECONDS EAST FOR 81.34 FEET; RUN THENCE SOUTH 31 DEGREES 24 MINUTES
45 SECONDS EAST FOR 98.91 FFET; RUN THENCE SOUTH 06 DEGREES 17
MINUTES 44 SECONDS WEST FOR 172.39 FEET; RUN THENCE SOUTH 05
DEGREES 37 MINUTES 47 SECONDS WEST FOR 105.60 FEET; RUN THENCE
NORTH 88 DEGREES 27 MINUTES 39 SECONDS WEST FOR 158.73 FEET; RUN
THENCE SOUTH 85 DEGREES 21 MINUTES 11 SECONDS WEST FOR 133.75 FEET;
RUN THENCE SOUTH 67 DEGREES 49 MINUTES 46 SECONDS WEST FOR 220.88
FEET; RUN THENCE SOUTH 47 DEGREES 42 MUNUTES 11 SECONS WEST FOR
79.82 FEET, RUN THENCE SOUTH 53 DEGREES 47 MUNUTES 29 SECONDS WEST
FOR 105.08 FEET; RUN THENCE SOUTH 49 DEGREES 39 MUNUTES 27 SECONDS
WEST 103.58 FEET; RUN THENCE SOUTH 46 DEGREES 22 MINUTES 20 SECONDS
WEST FOR 171.21 FEET; RUN THENCE NORTH 87 DEGREES 46 MINUTES 09
SECONDS WEST FOR 370.56 FEET; RUN THENCE NORTH 76 DEGREES 54
MINUTES 06 SECONDS WEST FOR 232.59 FEET; RUN THENCE NORTH 00
Ordinance No. 1483
Page 2
DEGREES 07 MINUTES 14 SECONDS EAST FOR 790.50 FEET TO THE POINT OF
BEGINNING. TRACT CONTAINS 22.2 ACRES AND LIES IN SECTION 26,
TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA.
1. That, in Case Number ZC 12.03 the property described below shall develop in
substantial conformity with the attached site plan attached as "Exhibit A" and shall
remain in compliance with the previously approved and amended PUD site plan.
Any substantial deviation from the attached site plan or the previously approved and
amended PUD site plan, as determined by the Planning Director 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 Lot 4 of the PUD:
Use: Single family residential.
Lots: 57 single family residential lots as indicated on the Site Plan.
Setbacks: Front — 20', Rear — 25', Side —10', and Street Side —15' as indicated on
the Site Plan.
Accessory Structures: No accessory structures shall be allowed on the individual
lots.
Fire Protection: A loop feed system shall be used.
Impervious Coveraize: Shall not exceed 40% for individual lots.
The Planned Unit Development (PUD), for North Village at Stone Creek, is hereby
amended (Ordinance No. 1376). 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 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 the 14th day of February, 2013
M. Kanj, Mayor
ATTEST:
4LisaA.nks, MC
City Clerk