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HomeMy WebLinkAboutO-1535BALDWIN COUNTY. ALABAMA TIM RUSSELL PNG3ATE jUnGE Redicert. 5;15M15 3:25 PM TOTAL $ 24.0.5 ORDINANCE NO. 1535 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 Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation, The property of Robert S. Berglin, Jr. and Loree B. May generally located east of Sandy Ford, at the end of South Drive, Fairhope, Alabama. FIREFLY PUD TAX PARCEL 05-43-08-33-0-000-001.002 Legal Description: (Case number ZC 14.10) COMMENCE AT A CAPPED REBAR (CA-0085-LS) AT THE SOUTHEAST CORNER OF SANDY FORD SUBDIVISION, PHASE 3, AS SHOWN BY MAP OR PLAT THEREOF, RECORDED AT SLIDE 2195-B AND 2195-C, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA FOR A POINT OF BEGINNING AND RUN THENCE NORTH 01 DEGREES 38 MINUTES 01 SECONDS EAST, ALONG SAID SUBDIVISION, A DISTANCE OF 848.15 FEET TO A CAPPED REBAR (CA-0604-LS) AT THE SOUTHEAST CORNER OF SANDY FORD SUBDIVISION, PHASE 2, AS SHOWN BY MAP OR PLAT THEREOF, RECORDED AT SLIDE 2113-F, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA; THENCE RUN NORTH 01 DEGREES 31 MINUTES 57 SECONDS EAST, ALONG SAID SUBDIVISION, A DISTANCE OF 850.11 FEET TO A CAPPED REBAR (CA-0604-LS) AT THE SOUTHEAST CORNER OF SANDY FORD SUBDIVISION, PHASE ONE, AS SHOWN BY MAP OR PLAT THEREOF RECORDED AT SLIDE 2056-A, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA; THENCE RUN NORTH 01 DEGREES 37 MINUTES 02 SECONDS EAST, ALONG SAID SUBDIVISION, A DISTANCE OF 499.80 FEET TO A CAPPED REBAR (CA-0604-LS); THENCE RUN NORTH 01 DEGREES 32 MINUTES 13 SECONDS EAST, ALONG SAID SUBDIVISION, A DISTANCE OF 443.82 FEET TO A CAPPED REBAR AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE RUN SOUTH 89 DEGREES 53 MINUTES 45 SECONDS EAST, ALONG THE NORTH MARGIN OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA, A DISTANCE OF 1321.48 FEET TO A CAPPED REBAR (FAIRHOPE); THENCE RUN SOUTH 01 DEGREES 22 MINUTES 52 SECONDS WEST, ALONG THE EAST MARGIN OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 33, A DISTANCE OF 2642.70 FEET TO AN OPEN END IRON PIPE; THENCE RUN NORTH 89 DEGREES 51 MINUTES 03 SECONDS WEST, ALONG THE SOUTH MARGIN OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 33, A DISTANCE OF 1330.71 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 80.40 ACRES, MORE OR LESS, AND LIES IN THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. c Ordinance No. 1535 Page — 2 — 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. That, the following development regulations shall govern: Lots: There shall be 27 lots. Use: Lots shall be single family residential. Setbacks: Front — 40', Rear — 35', Side — 10', Street side — 20'. Wetland Buffer: There shall be a 50' wetland/stream buffer. Building Height: Maximum building height shall be 30'. Connectivity: Public access to the south into the Sandy Ford stub -out as soon as the Fly Creek PUD commences development. The property is hereby zoned PUD (Planned Unit Development) 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 immediately upon its due adoption and publication as required by law. ADOPTED THIS I ITH DAY OF MAY, 2015 ATTEST: I . I /I / /,,� Lisa A. nks, C City Cle 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 1 1-42-21, Code of Alabama, 1975, as amended. 0 This petition is for R-1 Zoning J The condition of the Petition is that zoning be established as PUD Concurrent with Annexation. (Zoning Request) Is this property colony property Yes _)�_No. If this property is colony property the Fairhope Single Tax Office must sign as a petitioner. �,�,er�- Suez �.�✓� � � Signature of Petitio er Print petitioner's name AmL Loree is, Mow Signature of Petiti ner Print petitioner's name T- Signature of Petitioner Physical Address of property being annexed: Print petitioner's name Petitioner's CurrerA Physical Address: Petitioner's Current Mailing Address: Ue 3 5.,me 45 3ro522- Telephone Number(s): Z rJ/- 41Sq- 25 5 7 Home Work County Tax Parcel Number: 16-4-j-0$-?;5-D-'000- 001.002- Backroom: Users:mray: Library: Mail: POP- „f.uiti,tw��co—t•I1,[PnV,,,ti .,••r. to r:,,,,.• r— A, r,.• il— Revised 06/2006 U.S JUSTICE DEPARTMENT INFORMATION 0 Size of property (acres or square feet)_ $8.4- A-9-i65 0 If property is occupied, give number of housing units NONIF 0 Number of Persons residing in each unit, and their race OotjF- 0 If property is unoccupied, give proposed use Rf,51pgwiAL 0 If property is being developed as a subdivision, give subdivision name fi c2.F. V LY 0 Number of lots within proposed subdivision ZT I, 10 71 DA- LA-aST4 a Notary Public in and for said State and County, hereby certify that S. tLeW4 JK whose name(s) is/are signed to the forgoing Petition and who is/are known to me, t is 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 Z day of 201 Y—, (Seal) L% L[.Y/�Ct� //I0 L/1 Notary Public My commission expires //— /9 -20/1 1, A?la * LA&-TG a Notary Public in and for said State and County, hereby certify that tZCe B. tn4'y 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 day of �V 20I, (Seal) �Y�!( CXrc L-& ` Notary Public 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 Backroom:Users:mray:Library:Mail: POP- ;.,r —n' "RQ71:1,0 .nk-97U, r.,, 1— r,,.. i{ �� i,•vor.�;,, r,,. , . ,,,•4— N w IE MA OCIN)TY A4A I' - I MILE NZ L x K \�s 7 NA bl a- LEGrND: 7" �A- YVETLANDI .1 ID RE.- 1— MY 0 CAPPDD WBAR FWN XPF 0 OPEN END RON PIPE FWND NV I. — KC KCM UAP OR PLAT KARTNIC IND DISTANCE WE MNM cowmo,�-,;r. It f --- -- ----- -6 r— r FWWhr ""Y z t `Z, 1—T= I 7 "1 b( TAT-- I= _fj T 21/ '20A4 MR F-M 4/ 1�00AC", V, AA, 17 7,r. �';?OMMON ARE� Fk� I Z 4., "' .... ...... 9.25AC/�;' (MTLANOS� �37 _I I M IT =17�11 A AN —;FU ME EF:-%3) A"- VZ..= IMI=.�r= bj 21 1.00AC, TW-1 Q N, . - - - 177 'J., e 12 20 I WAC PT K— -A -7� "n '7-1- -7 .4 y =IAll PAT _J A- e— ,J O�v* f-WR, — iv r ,90 LrIH DAW D 17 I 017'AC' .07 AC �IAIAC 911 L _j L- -i L -j -VI;7 laom:., OF Do, Z, A;! I—,. PmvoI.— .ovo; A-s' BOUNDARY SURVEY \�PROPOSED 50'R.O. AS S�OW FMMY RUIX 2t. ON FLY GREEK PUD MASTER PLAN PUBIEWSH LLC— 1—llmutl—1 kl- lin J GRAPHIC SCALE 100 0 50 100 Co 60' 1/2- CRF (C4-0604-LS) CRQ'r,VAr-,"F 1791 AR' 112' CRF (FA/RHOPE) IVOy J I UJ VV I JJU_ / 1 1" OEPF WITH POINT OF COMMENCEMENT (REC N89-40'13"W 1330.38) 4' GUARD PIPE POINT OF BEGINNING PROPERTY IS LOCATED IN THE SOUTHWEST 114 OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. 29 25 181 y � I � I � I� �32 j 33 I i 34 Eastern Shore S�TE� Church =: ,leek i G I 5 4 I �' r j GULF COAST, 3 01 EXPERIMENT STATION _AUBURN UNIVERSITY D i 104 FAIRHOPE POP 8,485 13 ; 10 181 ai e VICINITY MAP 1 " = I MILE LEGEND: RBF ® = REBAR FOUND CRF ® = CAPPED REBAR FOUND OEPF O = OPEN END IRON PIPE FOUND INV = INVERT REC = RECORD MAP OR PLAT BEARING AND DISTANCE = WIRE FENCE SURVEYOR'S NOTES: 1. ALL MEASUREMENTS WERE MADE IN ACCORDANCE WITH U.S. STANDARDS. 2. DESCRIPTION AS FURNISHED BY CLIENT. 3. THERE MAY BE RECORDED OR UNRECORDED DEEDS, EASEMENTS, RIGHT-OF-WAYS, OR OTHER INSTRUMENTS WHICH COULD AFFECT THE BOUNDARIES OF SAID PROPERTIES. 4. THERE WAS NO ATTEMPT TO DETERMINE THE EXISTENCE, LOCATION, OR EXTENT OF ANY SUB -SURFACE FEATURES. 5. THE LINES REPRESENTING THE CENTERLINE AND RIGHT-OF-WAYS OF THE STREETS ARE SHOWN FOR VISUAL PURPOSES ONLY AND WERE NOT SURVEYED UNLESS RIGHT-OF-WAY MONUMENTATION IS ALSO SHOWN. 6. SURVEY WAS CONDUCTED ON JUNE 11TH-17TH, 2014; AND IS RECORDED IN FIELD BOOK #284, AT PAGE, 34, 38 & 39, AND IN AN ELECTRONIC DATA FILE. 7. BEARINGS AND DISTANCES SHOWN HEREON WERE "COMPUTED" FROM ACTUAL FIELD TRAVERSES. 8. BEARINGS ARE BASED ON STATE PLANE GRID COORDINATES ALABAMA WEST ZONE 0102 (NAD 83 DATUM) 9. THE ELEVATIONS SHOWN HEREON ARE RELATED TO MEAN SEA LEVEL (NAVD 88), USING GEOID03. 10. ALL GPS OBSERVATIONS WERE TAKEN USING REAL TIME KINEMATIC GPS. 11. THIS SURVEY IS BASED UPON MONUMENTATION FOUND IN PLACE AND DOES NOT PURPORT TO BE A RETRACEMENT AND PROPORTIONING OF THE ORIGINAL GOVERNMENT SURVEY. FLOOD CERTIFICATE: THIS PROPERTY LIES WITHIN ZONE "X" (UNSHADED) AS SCALED FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE MAP OF BALDWIN COUNTY, ALABAMA, MAP NUMBER 01003C0634L, COMMUNITY NUMBER 015000, PANEL NUMBER 0634, SUFFIX L, MAP REVISED DATE JULY 17, 2007 AND MAP NUMBER 01003C0642L, COMMUNITY NUMBER 015000, PANEL NUMBER 13642, SUFFIX L, MAP REVISED DATE JULY 17, 2007. SURVEYOR'S CERTIFICATE: STATE OF ALABAMA COUNTY OF BALDWIN WE, PREBLE-RISH, LLC, A FIRM OF LICENSED ENGINEERS AN(,��'O SURVEYORS OF DAPHNE, ALABAMA, HEREBY STATE THAT TH`)VE IS A CORRECT MAP OR PLAT OF THE FOLLOWING DESCRIBED PROPL -( SITUATED IN BALDWIN COUNTY, ALABAMA, TO -WIT: COMtifE1�C A� A CAPPED`REBAR (CA=00g5=L5) AT-THEV50UTHEAST' CORNER OF SANDY FORD SUBDIVISION, PHASE 3, AS SHOWN BY MAP OR PLAT THEREOF, RECORDED AT SLIDE 2195-B AND 2195-C, RP-ReTE RECORDS, BALDWIN COUNTY, ALABAMA FOR A POINT OF BEI' AND :!RUN THENCE NORTH 01 DEGREES 38 MINUTES 01 SECONDS )ALONG 'SAID SUBDIVISION, A DISTANCE OF 848.15 FEET TO A CAPPED-rcEBAR (CA-0604-LS) AT THE SOUTHEAST CORNER OF SANDY FORD SUBDIVISION, PHASE 2, AS SHOWN BY MAP OR PLAT THEREOF, RECORDED AT SLIDE I2113-F, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA; THENCE RUN NORTH 01 DEGREES 31 MINUTES 57 SECONDS EAST, ALONG SAID SUBDIVISION, A DISTANCE OF 850.11 FEET TO A CAPPED REBAR (CA-0604-LS) AT THE SOUTHEAST CORNER OF SANDY FORD SUBDIVISION, PHASE ONE, AS SHOWN BY MAP OR PLAT THEREOF RECORDED AT SLIDE 2056-A, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA; THENCE RUN NORTH 01 DEGREES 37 MINUTES 02 SECONDS EAST, ALONG SAID SUBDIVISION, A DISTANCE OF 499.80 FEET TO A CAPPED REBAR (CA-0604-LS); THENCE RUN NORTH 01 DEGREES 32 MINUTES 13 SECONDS EAST, ALONG SAID SUBDIVISION, A DISTANCE OF 443.82 FEET TO A CAPPED REBAR AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE RUN SOUTH 89 DEGREES 53 MINUTES 45 SECONDS EAST, ALONG THE NORTH MARGIN OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA, A DISTANCE OF 1321.48 FEET TO A CAPPED REBAR (FAIRHOPE); THENCE RUN SOUTH 01 DEGREES 22 MINUTES 52 SECONDS WEST, ALONG THE EAST MARGIN OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 33, A DISTANCE OF 2642.70 FEET TO AN OPEN END IRON PIPE; THENCE RUN NORTH 89 DEGREES 51 MINUTES 03 SECONDS WEST, ALONG THE SOUTH MARGIN OF- THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 33, A DISTANCE OF 1330.71 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 80.4C ACRES, MORE OR LESS, AND LIES IN THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. (DESCRIPTION COMPOSED FROM PROBATE RECORDS AND AN ACTUAL FIELD SURVEY). WE FURTHER STATE THAT THE IMPROVEMENTS PRESENTLY SITUATED ON SAID PROPERTY ARE LOCATED WITHIN THE BOUNDARIES THEREOF; THAT THERE ARE NO ENCROACHMENTS ON SAID PROPERTY BY BUILDING OR FENCES SITUATED ON ADJOINING PROPERTY; AND THAT THERE ARE NO RIGHTS -OF -WAY, EASEMENTS, NOR JOINT DRIVEWAYS, OVER OR ACROSS SAID PROPERTY, VISIBLE ON THE SURFACE, EXCEPT AS HEREON NOTED. WE FURTHER STATE THIS SURVEY HAS BEEN COMPLETED IN ACCORDANCE WITH THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF ALABAMA, EFFECTIVE MAY 7, 2002. ------------------------------------------- EBL - ISH, L.L.C. DAVID E. DIEHL AL. P.L.S. No. 26014 SURVEY NOT VALID WITHOUT ORIGINAL SIGNATURE AND SEAL.