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Home My WebLink AboutO-1514ORDINANCE NO. 1514 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE TO AMEND ORDINANCE NO. 1238: A PLANNED UNIT DEVELOPMENT KNOWN AS STONE CREEK; AND TO APPROVE A SITE PLAN 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 Stone Creek PUD on the 27 day of December 2004. Chapel Farm, LLC made the application to amend said ordinance, specifically Commercial Lots 1, 2, 3, and 4; and After appropriate public notice and hearing, the Planning 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 Chapel Farm, LLC is located on the east of State Highway 181 just south of the intersection of County Road 44 (a.k.a. Twin Beech Road) and Highway 181. COMMERCIAL LOTS 1, 2, 3, AND 4, STONE CREEK PUD TAX PARCEL 05-46-07-26-0-000-002.003 Legal Description: (Case Number ZC 14.04) 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 MARGIN OF ALA HWY 181; RUN THENCE SOUTH 89 DEGREES 46 MINUTES 22 SECONDS EAST FOR 1300.51 FEET TO THE POINT OF BEGINNING; CONTINUE THENCE SOUTH 89 DEGREES 46 MINUTES 21 SECONDS EAST FOR 1340.47 FEET; RUN THENCE SOUTH 00 DEGREES 06 MINUTES 16 SECONDS WEST FOR 3971.42 FEET; RUN THENCE NORTH 89 DEGREES 52 MINUTES 56 SECONDS WEST FOR 2639.72 FEET TO THE EAST RIGHT-OF-WAY OF BALDWIN COUNTY ROAD NO. 27; RUN THENCE NORTH 00 DEGREES 05 MINUTES 11 SECONDS EAST ALONG THE EAST RIGHT-OF- WAY OF SAID BALDWIN COUNTY ROAD NO. 27 FOR 2664.32 FEET; RUN THENCE NORTH 86 DEGREES 33 MINUTES 54 SECONDS EAST FOR 435.25 FEET; RUN THENCE NORTH 85 DEGREES 21 MINUTES 25 SECONDS EAST FOR 647.78 FEET; RUN THENCE NORTH 10 DEGREES 27 MINUTES 59 SECONDS EAST FOR 174.95 FEET; RUN THENCE NORTH 58 DEGREES 08 MINUTES 01 SECONDS EAST FOR 576.09 FEET; RUN THENCE SOUTH 65 DEGREES 35 MINUTES 06 SECONDS EAST FOR 626.63 FEET; RUN THENCE NORTH 85 DEGREES 25 MINUTES 32 SECONDS EAST FOR 450.84 FEET; RUN THENCE NORTH 00 DEGREES 06 MINUTES 16 SECONDS EAST FOR 950.11 FEET; RUN THENCE NORTH 89 DEGREES 46 MINUTES 21 SECONDS WEST FOR 1320.47 FEET; RUN THENCE NORTH 00 DEGREES 06 MINUTES 19 SECONDS EAST FOR 20.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINS 177.20 ACRES AND LIES WITHIN SECTION 26, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. Ordinance No. 1514 Page — 2 — 1. That, in Case Number ZC 14.04 the property described 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 Commercial Lots 1, 2, and 3 of the PUD: Use: Single family residential. Lots: 13 single family residential lots as indicated on the Site Plan. Setbacks: Front — 20', Rear — 20', Side — 5', and Street Side — 20' as indicated on the Site Plan. Access: Lots 252 — 264 shall only be accessed from Wentworth Street. 3. That, the following amendment has been made to Commercial Lot 4 of the PUD: Use: A maximum of 18 condominium units are allowed. The Planned Unit Development (PUD), Stone Creek, is hereby amended (Ordinance No. 1238). 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 THIS 27TH DAY OF MAY, 2014 ATTEST: isa Hanks, MMC City Clerk GRAPHIC SCALE ( IN PEEP ) I inch - 200 In. X1N0N CHAPEL FAR`+. LLC BOX 91226 MOBILE, AL 3669` tl y (I. K R- VICINITY MAP SITE DATA Utility Comoonies: Sewer - City of Fairhope 1. Tota l oaeo a Is 177.20 cc. 9 Water -City of Fa'shope 2. To number of lots is 264 Electric - Baldwin EMC & Riviera Utilities proposed density is 1.49 units per acre Telephone - AT&T 3. Total amount of common area Is 21.96 oc. 4. This site Is located Section 25. T6S, R3E. SURVEYOR/ENGINEER 5. Proposed Building Setbacks: Lots 1-22, 34-46. 65-126, 164-204, 221-251 DAVID DEIHL/ANDREW ROBE Front - 30 PREBLE-RISH. LLC Rear - 20' (5' off wetlands on Lots 34-43 & 9949 BELLATON AVENUE DAPHNE, AL 36526 30' off wetlands on Lots 90-99) Side - 10' OWNER Street Side - 20' CHAPEL FARM LLC Lots 23-33, 47-64, 127-163, 252-264 P.O. BOX 91206 MOBILE, AL 36591 Front - 20' Rear - 20' Side - 5' Lots 205-220 Front - 15' Rear - 20' Side - 5' Commercial Lot 1 Front (Facing Alobamo Hwy. 181) - 20' All Other Sides -10' Sw'm & Tennis Area - 10' Setback at Perimeter 6. The hours of operation for the Commercial development will be in the range of 7:00 am to 12.00 p.m.. 7. Proposed uses for the commercial site: At this time plans are for retail, office, church, daycare and restaurants with condominiums on the second floor of the buildings (proposed 18 condominium units.) The developer reserves the right to allow any use allowed in any of the Business Districts of Fo'ehope (B-1 & B-4.) B. The developer reserves the right to reduce the overall density by removing lots a increasing lot sizes (no more than 1OX) 9. Building heights (35' for residential and 40' for commercial.) 10. Signage will comply with the zoning ordinance. PUD DESCRIPTION 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 MARGIN OF ALA HWY 181; RUN THENCE SOUTH 89 DEGREES 46 MINUTES 22 SECONDS EAST FOR 1300.51 FEET TO THE POINT OF BEGINNING; CONTINUE THENCE SOUTH 89 DEGREES 46 MINUTES 21 SECONDS EAST FOR 1340.47 FEET; RUN THENCE SOUTH 00 DEGREES 06 MINUTES 16 SECONDS WEST FOR 3971.42 FEET; RUN THENCE NORTH 89 DEGREES 52 MINUTES 56 SECONDS WEST FOR 2639.72 FEET TO THE EAST RIGHT-OF-WAY OF BALDWIN COUNTY ROAD NO. 27; RUN THENCE NORTH 00 DEGREES 05 MINUTES 11 SECONDS EAST ALONG THE EAST RIGHT-OF-WAY OF SAID BALDWIN COUNTY ROAD NO. 27 FOR 2664.32 FEET; RUN THENCE NORTH 86 DEGREES 33 MINUTES 54 SECONDS EAST FOR 435.25 FEET; RUN THENCE NORTH 85 DEGREES 21 MINUTES 25 SECONDS EAST FOR 647.7E FEET; RUN THENCE NORTH 10 DEGREES 27 MINUTES 59 SECONDS EAST FOR 174.95 FEET; RUN THENCE NORTH 58 DEGREES 08 MINUTES 01 SECONDS EAST FOR 576.09 FEET; RUN THENCE SOUTH 65 DEGREES 35 MINUTES 06 SECONDS EAST FOR 626.63 FEET; RUN THENCE NORTH 85 DEGREES 25 MINUTES 32 SECONDS EAST FOR 450.84 FEET; RUN THENCE NORTH 00 DEGREES 06 MINUTES 16 SECONDS EAST FOR 950.11 FEET; RUN THENCE NORTH 89 DEGREES 46 MINUTES 21 SECONDS WEST FOR 1320.47 FEET; RUN THENCE NORTH 00 DEGREES 06 MINUTES 19 SECONDS EAST FOR 20.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINS 177.20 ACRES AND LIES WITHIN SECTION 26, TOWNSHIP 6 SOUTH. RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. I�v�se �iS kr Corrvrxt't STONE CREEK, A P.U.D. MODIFICATION FMUARY, 2014 - SHEET I OF I SHFEM Sfm FLM DESIGN WISP DRAWN WISP CHKD. MSP END ANB ISURVEYOR DED PROJ MGR JGA PREBLE-RISH LLC. SCALE I -2DO' CONSULTWO IIIGIII R.4 du SURVEYORS PROD. NO. 500.0001 CIVIL K2VI1TM /D82LAWaM FILE 99"samea w 0ql1AAL365e zs�•s9s f95e f-zs+.9es99- W-fls bl-m t SHEET 1- 1 ZC 14.04 Stone Creek PUD Admendm I z 0 J ERRY 0 750 1,500 3,000 Feet I I I I I I I I SITE Legend ZONING Zoning f Q TR Tourist Resod ram] R-A Residential/AWmkkwe District R-1 Low Density Snde-Famiy LL1 R1(a) P_ R1(b) RIM C R-2 Medium Density Sigle-Family Q R-3 High Density Single -Family R-3 PGH Pabo/Garden Single Family R-3 TH Townhouse Single Family Q R-4 Lev Density Multi-Fsmiy R-5 High Density D—fmg Residential R-8 Mobile Home Park District Q B-1 Local Shopping District B-2 General Business District Q B-3a Tourist Resort Lodging District B.3b Tourist Resort Commercial Service District OBd Business and Professional District M-1 Light Industrial District - P-1 Parking PUD Planned Unit Development O Pared Lot Lees N A COGIS Piarming Dept. a / 2D14 dp