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ORDINANCE NO.1515 i' t►, � , �E?''* :,��'-' ` i�
AN ORDINANCE AMENDING ORDINANCE NO. 1253
KNOWN AS THE ZONING ORDINANCE
CONCURRENT WITH ANNEXATION
BE TT (7RDAINEII BY"ME 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 Commission of the City of
Fairhope, Alabama has forwarded a favorable recommendation,
The property of Firethorne Development, LLC generally located on the east side of State
Highway 181 and south of Quail Creek Drive between Quail Creek and State Highway 181,
Fairhope, Alabama.
TAX PARCEL 05-46-06-23-0-000-022.001
Legal Description: (Case number ZC 14.05)
COMMENCE AT THE NORTHEAST CORNER OF LOT 14-A OF FAIRHOPE ACRES
SIT'3DI .'1SI`J vT, I %V S.. Aviv B i' MAP OR P' i HEREiJF, RECORDED AT SL113r 215-t3,
BALDWIN COUNTY PROBATE RECORDS, SAID POINT BEING THE POINT OF BEGINNING;
THENCE RUN NORTH 00 DEGREES 22 MINUTES 32 SECONDS EAST, ALONG THE EAST
MARGIN OF SAID FAIRHOPE ACRES, AND THE EAST MARGIN OF QUAIL RUN
SUBDIVISION, AS SHOWN BY MAP OR PLAT THEREOF, RECORDED AT SLIDE 1775-A, A
DISTANCE OF 1,501.04 FEET TO THE SOUTH MARGIN OF QUAIL CREEK DRIVE; THENCE
RUN SOUTH 89 DEGREES 45 MINUTES 03 SECONDS EAST, ALONG SAID SOUTH MARGIN, A
DISTANCE OF 735.79 FEET TO THE NORTHWEST CORNER OF QUAIL CREEK ESTATES, THE
VILLAS PHASE 1; THENCE RUN ALONG THE WEST AND SOUTH MARGINS OF QUAIL CREEK
ESTATES, THE VILLAS PHASE I, PHASE 11, PHASE II -PART B, PHASE IV, PHASE V, AND
PHASE VI, THE FOLLOWING DESCRIBED COURSE: SOUTH 00 DEGREES 38 MINUTES 33
SECONDS WEST, A DISTANCE OF 460.00 FEET; SOUTH 00 DEGREES 37 MINUTES 35
SECONDS WEST, A DISTANCE OF 311.93 FEET; SOUTH 00 DEGREES 40 MINUTES 54
SECONDS WEST, A DISTANCE OF 415.34 FEET; SOUTH 00 DEGREES 34 MINUTES 41
SECONDS WEST, A DISTANCE OF 625.58 FEET; SOUTH 89 DEGREES 38 MINUTES 51
SECONDS EAST, A DISTANCE OF 649.48 FEET; SOUTH 00 DEGREES 02 MINUTES 17
SECONDS WEST, A DISTANCE OF 660.88 FEET; SOUTH 89 DEGREES 34 MINUTES 06
SECONDS EAST, A DISTANCE OF 667.67 FEET; THENCE DEPARTING SAID QUAIL CREEK
ESTATES, THE VILLAS, RUN SOUTH 00 DEGREES 21 MINUTES 17 SECONDS EAST, A
DISTANCE OF 1,329.50 FEET; THENCE RUN SOUTH 89 DEGREES 45 MINUTES 19 SECONDS
WEST, A DISTANCE OF 1,340.39 FEET; THENCE RUN SOUTH 00 DEGREES 20 MINUTES 19
SECON174S WEST„ ? DISTANCE OF 664.25 FEET; Ti-'EN'-'E RUN NO N'["iI 81) DEGREES 26
MINUTES 12 SECONDS WEST, A DISTANCE OF 427.30 FEET; THENCE RUN NORTH 00
DEGREES 19 MINUTES 59 SECONDS EAST, A DISTANCE OF 745.59 FEET; THENCE RUN
NORTH 89 DF.GRF,ES 44 MINK rTES 12 SECONDS WEST, A DISTANCE OF 29S 08 FEET T , Tk4,-
NORTHEAST CORNER OF LOT 27 OF THE AFOREMENTIONED FAIRHOPE ACRES
SUBDIVISION; THENCE RUN NORTH 00 DEGREES 22 MINUTES 15 SECONDS EAST, ALONG
THE EAST MARGIN OF SAID FAIRHOPE ACRES SUBDIVISION, A DISTANCE OF 1,800.95 FEET
TO THE NORTHEAST CORNER OF LOT 15 THEREOF; THENCE RUN NORTH 89 DEGREES 39
MINUTES 10 SECONDS WEST, A DISTANCE OF 575.00 FEET TO A POINT ON THE EAST
MARGIN OF ALABAMA HIGHWAY 181; THENCE RUN NORTH 00 DEGREES 21 MINUTES 42
SECONDS EAST, ALONG THE EAST MARGIN OF ALABAMA HIGHWAY 181, A DISTANCE OF
430.85 FEET; THENCE RUN SOUTH 89 DEGREES 38 MINUTES 56 SECONDS EAST, A
DISTANCE OF 575.19 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 126.37 ACRES,
MORE OR LESS, AND LIES IN SECTION 23, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN
COUNTY ALABAMA, AND ARE THE SAME LANDS DESCRIBED BY DEED INSTRUMENT
NUMBERS 527645 THROUGH 527650, TOGETHER WITH LOT 14-A, FAIRHOPE ACRES
SUBDIVISION.
Ordinance No. 1515
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 and supporting documents. Any
substantial deviation from the attached site plan, as determined by the Director of
Planning, 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 development regulations shall govern:
Lots: There shall be 228 lots.
Use: Lots shall be single family residential. A clubhouse, pool, and playground shall also be
allowed.
Setbacks: Front— 35', Rear— 35', Side —10', Street Side — 20'.
Lot Coverage: Maximum lot coverage for the principal structure shall be 40% and an accessory
shall be no more than 25% of the "required" rear yard.
Building Height: Maximum building height shall be 35'.
Buffers: There shall be a 20' tree preservation buffer along the rear of lots 25-39.
Fencing: Fences shall be allowed within the Tree Preservation Buffer on lots 25-39 but
conctrtictier shah not darna,,e the trues. Fen--i ng shall] not, be allcv.,: d in drairiago/utility
easements.
The property is hereby zoned a 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 upon its due adoption and publication as
required by law.
ADOPTED THIS 23RD DAY OF JUI�IE, 2014
ATTEST:
AisaA.s, MMC
City Clerk
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Revised 06/2006
CITY OF FAIRHOPE
P.O. DRAWER 429
FAIRHOPE, AL 36533
251 /928-2136
PETITION FOR ANNEXATION
STATE OF ALABAMA )(
COUNTY OF BALDWIN )(
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 11-42-21, Code of Alabama, 1975, as amended.
0 This petition is for R-1 Zoning
�[ The condition of the Petition is that zoning be established as PIJQ
Concurrent with Annexation. (Zoning Request)
Is this property colony property Yes _X_No. If this property is colony
property the Fairhope Single Tax Office must sign as a petitioner.
AAu& L- ('Ce- A7.,,�&
Signature of Petitioner Print petitioner's name '—
Signature of Petitioner
Signature of Petitioner
Physical Address of property being annexed:
Print petitioner's name
Print petitioner's name
Petitioner's Current Physical Address: Petitioner's Current Mailing Address:
52129 BROKW ISRANGF(C11KCa 3212A 5RDWEA BRA14W CIR-LE
SPANIS14 FAT, AL 365M 5PANIA FDRT. AL 3GSV
Telephone Number(s): 251- (GZ5 - 11913
Home Work
05-4,o-04-25-0 -000-022.000
County Tax Parcel Number: 06- AG - DG, - 2'J -0- ODD -D 22.001
Backroom:Users:mray:Library: Mail: POP-
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Revised 06/2006
U.S JUSTICE DEPARTMENT INFORMATION
0 Size of property (acres or square feet) 126.31 Ac-RES
0 If property is occupied, give number of housing units NONE
0 Number of Persons residing in each unit, and their race MoNE
0 if property is unoccupied, give proposed use 51NGLE FAMILY RE51 P"nAL..
0 If property is being developed as a subdivision, give subdivision name
rIRETHoRNE
0 Number of lots within proposed subdivision ZZ8
1, Sll50A.rj C • i2i 1 ey a Notary Public in and for said State and County, hereby
certify that A jCk4tjan L • COX 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.
Given under my Hand and Seal this p.9-q4,k day of Yi jcSLkc -i , 20 1 q ,
JkIfACY/►� ` K(Iil�riovPIN-nffFA*-__ (Seal) ••-_--
ATLAROE
Notary Public WAI1V1RUNOT� PLMW �i
BGNMTHRWAffM
My commission expires
1, 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 names) 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
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(DESCRIPTION COMPOSED FROM ME PROBATE RECORDS ANO M ACTUAL FIELD SURVEY)
BE FURTHER STATE MAT BE HAVE DVIDED ME PROPERTY AT THE INSTANCE OF ME OMER
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BE FURMER S1AlE IN SURVEY HAS BEEN COMPLETED IN ACCORDANCE WIN ME
REOUREMENTS OF ME STANDARDS OF PRACTICE FOR SURVCYWG IN THE STATE OF ALABAYA
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EFFECTIVE MAY 7. 2002.
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