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HomeMy WebLinkAboutO-15151•1.1?USSFAFFOBATE„JC3 � . F A-Icar;. CIM214 1211 PM 10TAL S 24.0 .tea S Fades 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 navenxncarnAla . WMDATA M. Lorm IOViw �'••/ T UACROA06 IX" AC uMAC(IM) .. /w♦/�. LP.OP 61tL6I1 161Uf LS. eAh � A FIRMORNE. AAgMi U1.01 RMgw�N[ j Revad il� Or Comma'm-s 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- i.,s 04h—d— na6.lnARIP10 —t-T IAnY —"—Vu! Fn.,..o f . rh- C— -- .inn 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 Baclaoom: Users:mray: Library:Mai I: POP- ;nf o%6o.,,Ann nnrdnHR7GGQ nor•fUA/IV mM..•FW R- f . rha ..,n m.mootronh•PAr:r;nn £nr onnA� .inn I IR. ..,v WAIL. YCREER DR. CITY OF FAIRHOPE) I u,a SiV3'OJ-E 735,79' w 1 I 8 OU ' • � w-1 FS DIES I •DfL�� " SURVEYOR'S CSR74iG74: STATE OF ALABAMA IW' SQ' 0 IW' 200' I u,-,. I -a ur-• Couxn of BuoWN VE. PRCBIL-RISE, LLC. A DRM Di LICENSED ENGINEERS AND LAND SURVEYORS OF DANNE. ALABAMA, HERE. BED PROPERTY SITUATED NSTAEBAID.M ROVI (COUNTY. ALATBAMA TNUP �L�V,� OF THE F0.10MNG DIESCR BE AT THE NORTHEAST LDT a lNRHDPE ACRES SUBDIVISION.PROR AS SFU F. 1- 1W' u,-. - i yd u, a w-• T SLI RECORD BY MAP OI PLAT iG T EOF. INTFSE AT SLIDE HENCE, BALDWW N GO DEGREES R2 SHORN OF.RECORDED POINT THEPOINTTHENCE AIRNOPE RECORDS,MINUT ST MARGN H 4O S32wSECONDS ED AST, THE 0! SAID IAACRES, AND THEN EAST MARGRN BY WAR RUN SUN.NSBN. AS SHOWN BY MAP OR PLAT THEREOF. RELOADED u,-••a —1Ff R AT AID[ 5-A, A DISTANCE OF 1.SOI.OA FEET 1O A E SOUTH A OF GUAIL C.E. AL SAO SWTH RUN SOUTH N GSUM SOFA /b fFR fi I, Mr 7A1E5 -'• YMAARGIN. AWYSTANR OF ]].7o FETHENCE AS ME xCRSMRES CORER QUAR. CRLEN ESTATES, S PHASE I; THC9ICE RUx ALONG THE REIT AND SOUTH LIARGXS OF OUNL e'y♦ =AYy I QQ S>Q- CREED ESTATES, ME VLUS PHASE I, NAM 1. PHASE N-PART S PHASE IV, NAM V. AM NAAM W THE FU ONVRG DESCRIBED CUNIM: �. h E DI u,-a 1O,-,• J11A IS GE OF 0.903 FEET: SW IN GO OE. ES JI MUTES SS SELDOS WEST. A pSTANC[ OF 4 iA'rl 9, SWTH OD DEGREES AO MINUTES 54 SECD05 WEST, A DISTANCE BF A15JX FEET: u , SOUTH W DEGREES SA MINUTES /1 SECONDS VEST, A 015,ANCE OF e2S.M ROT, EDUTN MY BE REES W UTES 65M T. n I"O w-a SWTH DO DEGREES 0] MINUTES M1i YCCWOL REST. A DIiIANCCEE OF RO9.48 SOUTHe9 DEGREES SA IWI21L5 06 SECONDS CASs, A DISTANCE D< N67.11 FEET: bra �+f" x S I I I w n 2 DEPARTxG LID DIAL GREEN ESTATES, T E VT t RUN SWTH GO DEGREES 21 MINUTES 17 9CONDS EAST, A DISTANCE OF 1.JA.i FEET: THENCE BUN SWTH RR OEG EES SECONDS VEST. A DISTANCE OF I,JAO.i FEET: MENCE REM SOUTH DD Y I fr t I � 7f Y MEADOWS AVEBO FT R/w POINT OF COMMENCEMENT B PG RTI Al BEGINNING THE IRESON AST COAXER K LOT IA -A OF P.L. BLSLF O SUBDIVISION KIT A PART R ME BEST HALF OF S KIT HALF OF SECTOR 23. IOWNSXP 8 SOUTH. RANGE 2 EAST . JL^ ,^It'ADOBFY: M iI F.N'..Y •1R/�V' 1 D i 1 101-^ DEGREES 20 MINUTES 19 iECD11D$ VEST, A DSTAxCL OF OOA.25 FEET; MMCC Ma INOWM e9 DCBPCCs zB MINUTES 12 YLONOs BEST, A DISTANCE Q< A21.i FEET; T1HD12 RIM NORTH W 1°'- 'O1-•• T H NCE RUN BY 11 11N1UTES A DISTANCE OF A91111 ii SECONOS FFEET; DDELGGNREES 211 WEST, A D STAANCE OF 2M MURTHEASTR CORNER OF LOi z7 a TK AFORENENIIONED FA1T110PE ACRES SIIBDIV190N: 11HE7NCC RUN I n 1 - grAr uadlf ( HLL w-a OR111 W GRES S 22 MINUTES 15 SECONDS EAST. ALONG THE EAST MARGIN OF IN) FNRHOPE ACP6 SUBDIVISION, A DISTANCE OF 1,800.9] FELT TO A THE MMTEAST COMER f rOC w �Sf PN1)' OF LOT 15 THEREOF. THENCE RUN NORTH i DEGREES i MIMES 1O SECONDS BEST, A GISTAE f TO A POINT ON THE EAST HIOOIAY Net; OF ALONG w x B DMISMARGIN THIN O D 7 N NORTH DO ALABA RUN NORM OO DEGREES 21 MINUTES 42 SECONDS UST, L� 11II EAST MARGIN 6 FEET; THEN[£ RUN M NB GEGYLS JN INU A .STANCE Of AOF I MINUTES IS SE'AY 57 THE POINT OF BEOSNNG TRACT .IDS EAST, A DISTANCE OF 57LE9 FEET ,T TI RANGE AND ARE ME SAYS WINS D BY DCLD 2 LAST. 126.31 ACRES, MORE M . AN AND DIES IN ]ELAND 23, TOWNSHIP a DEED [AST. B I ww w-a ET 14-D I IXSTNIYENT NUMBER] S216A3 TMWQH 5278i. 1WZIIG WM LET 1A-A, FNRHOPE ACRES NUM ERS 52 543 THROUGH SI.SIOIVmp11. (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 1 MEREGF. 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 w_n w-n EFFECTIVE MAY 7. 2002. OU PAVID E-RISE, LLC. 25019 E. DIEHL AL PLSORIGINAL ° _ SI SI SIMVEY NOT VALID WIMWi ORIGMAL SIGNATURE AND SEAL SURVEY S u.. W AIAOD C I ur- TY LIES SCALED FROM THE FEDERAL THIS MNCY MA LIES WMX 2CXE -%- (UNSHADED) INSURANCE EVI- COUNTY ALABAMA..EMAP MABERNT y0100LOOD ]COBBSL, MAP REN®YAP OF OA �B YL 17. 2D17. � urs I w I ,o, 1ryf.HEIA " IDE �N'HAs '+ I� S59'35'011 i v 649.41T - V � u_ TrlLA wf57A ASE V so fN ES 0E 2 1M1A Ifs D.m m nrt.+h VICINITY MAP , e 1' . 119R1.E ODI N w _jQ7— ,..¢a. V10E O/1 AC� ( 1]114.W FJSIO.J9' 17E EXHIBIT B 02-U-%M/ - SKEEr 1 OF L 9HEM BOUNDARY 4 TM SURVEY Esx:N D.E.D. DRAWN D.E.D. CNXD. O.E.D. uG J.N.E SUW9ttOR D.E.D. aI — J.GA �PREBLERISH LLC. PRSCALE T "100 meala'EDaY B�NouISa�bm PRO. NO.2JIO.O065 FILE HBOWNS-BUAfWE7