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Home My WebLink AboutO-1559R.ALUVwi C-JATY. 4.AEAh+A i l �, 3 i1!23ri i- ?ROBA T A- hi'.)U � 37 T[,Tp* . P.03 t'Ra83 "' ��riiilS�riL�e`Y?l• •k� i i ORDINANCE NO. 1559 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 Grand Properties, LLC generally located on the northwest corner of the intersection of Twin Beech Road and Battles Road, Fairhope, Alabama. TAX PARCEL 05-46-09-30-0-000-062.000 05-46-09-30-0-000-062.001 Legal Description: (Case number ZC 15.09) PARCEL "A" COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN NORTH 890-30' EAST A DISTANCE OF 806.5 FEET; THENCE RUN SOUTH 23.9 FEET TO A CAPPED REBAR (FAIRHOPE) AT THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE RUN SOUTH 85°-02'-44" EAST A DISTANCE OF 270.50 FEET; THENCE RUN SOUTH 000-00'-00" EAST A DISTANCE OF 722.38 FEET TO THE NORTH RIGHT-OF-WAY LINEOF BATTLES ROAD (60' R/W); THENCE RUN SOUTH 89°-57'-32" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 269.49 FEET TO A CAPPED REBAR (FAIRHOPE); THENCE RUN NORTH 000-00'-00" EAST A DISTANCE OF 745.94 FEET TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 4.542 ACRES, MORE OR LESS, AND IS SUBJECT TO A 30 FOOT EGRESS, INGRESS & UTILITY EASEMENT (KNOWN AS "COLEMAN TRAIL") OVER AND ACROSS THE NORTHERN 30 FEET THEREOF. PARCEL "B" COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN NORTH 890-30' EAST A DISTANCE OF 806.5 FEET; THENCE RUN SOUTH 23.9 FEET TO A CAPPED REBAR (FAIRHOPE): THENCE RUN SOUTH 85°-02'-44 ;-EAST A DISTANCE OF 270.50 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING D SCRIBED PARCEL; THENCE CONTINUE SOUTH 850-02'-44" EAST A DISTANCE OF 296.63 FEET TO A CAPPED REBAR (FAIRHOPE)ON THE WEST RIGHT-OF-WAY LINE OF TWIN BEECH ROAD (60' R/W); THENCE RUN SOUTH 070-58'-35" WESTAND ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 42.06 FEET TO A CAPPED REBAR (FAI RHOPE); THENCE RUN SOUTHWARDLY ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG THE ARC OF A CURVE TO THE LEFT (HAVING A DELTA OF 130-09'-03", A RADIUS OF 1,787.59', A CHORD BEARING OF SOUTH 01°-20'-28"WEST, AND A CHORD LENGTH OF 409.40') AN ARC DISTANCE OF 410.30 FEET TO A CAPPED REBAR (FAIRHOPE) AT THE POINT OF REVERSE CURVE; THENCE RUN SOUTHWARDLY ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG THE ARC OF A CURVE TO THE RIGHT (HAVING A DELTA OF 060-58'-00", A RADIUS OF 664.95', A CHORD BEARING OF SOUTH 01 °-42'- 48" EAST, AND A CHORD LENGTH OF 80.80') AN ARC DISTANCE OF 80.85 FEET TO A CAPPED REBAR (WATTIER); THENCE RUN SOUTH 010-46'-11" WEST ALONG SAID WEST RIGHT-OF- WAY LINE A DISTANCE OF 116.48 FEET TO A CAPPED REBAR (FAIRHOPE); THENCE RUN SOUTHWESTWARDLY ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG THE ARC OF A CURVE TO THE RIGHT (HAVING A DELTA OF 88°-10'-04", A RADIUS OF 50.00', A CHORD BEARING OF SOUTH 450-50'-18" WEST, AND A CHORD LENGTH OF 69.57')AN ARC DISTANCE OF 76.94 FEET TO A CAPPED REBAR (FAIRHOPE); THENCE RUN SOUTH 89°-57'-32" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF BATTLES ROAD (60' R/W) A DISTANCE OF Ordinance No. 1559 Page -2- 229.01 FEET; THENCE RUN NORTH 00°-00'-00" WEST A DISTANCE OF 722.38 FEET TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 4.542 ACRES, MORE OR LESS, AND IS SUBJECT TO A 30 FOOT EGRESS, INGRESS & UTILITY EASEMENT (KNOWN AS "COLEMAN TRAIL") OVER AND ACROSS THE NORTHERN 30 FEET THEREOF. 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 18 lots. Use: Lots shall be single family residential. Setbacks: Principle Structure: Front — 25', Rear — 25', Side — 10'. Accessory Structure: Separation — 5', Rear — 10', Side — 7'6". Lot Coverage: Maximum lot coverage shall not exceed 50% and shall include accessory structures. Building Height: Maximum building height for the principle structure shall be 35' and accessory structures shall be 30'. Riaht-of-Wad The right-of-way shall be public. Drainage: The maintenance of the drainage facilities, even those in the right-of-way, shall be the responsibility of the developer/homeowners association. 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 immediately upon its due adoption and publication as required by law. ADOPTED THIS 14TH D, ATTEST: i isa A. auks, MMC City Cl sed 06/2006 STATE OF ALABAMA COUNTY OF BALDWIN CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 PETITION FOR ANNEXATION )( )( 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 l 1-42-21, 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 Concurrent with Annexation. PUD (Zoning Request) Is this property colony property Yes 4—w7n No. If this property is colony property the Fairhope Single Tax Office musasa petitioner. Signature of Petitioner Physical Address of property being annexed: Petitioner's Current Physical Address: James P. Achee Print petitioner's name Christopher P. Achee Print petitioner's name Print petitioner's name Petitioner's Current Mailing Address: P.O. Box 904 Montrose, AL 36559 Telephone Number(s): (251) 928-1960 Home Work County Tax Parcel Number: 05-46-09-30-0-000-062.001 & 05-46-09-30-0-000-062.000 Bacl Toom:Users:mray:Library:Mail:POP- infno/h-fl.. —n/ -6R71750 not•TKTAnV mhnvTW 17— fnr tho ... m.moattarh•Aotitinn fnr annoy A., sed 06/2006 U.S JUSTICE DEPARTMENT INFORMATION 0 Size of property (acres or square feet) 1 1 8.89 acres If property is occupied, give number of housing units Not occupied Number of Persons residing in each unit, and their race If property is unoccupied, give proposed use Residential If property is being developed as a subdivision, give subdivision name Pointe Place Phase II 0 Number of lots within proposed subdivision 18 I, LA-BU)t, allotary Public in and for said State and County, hereby certify that James P. Achee 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 thisE� day of 20 (Seal) Notary Public pp�� My commission expires <r,-,",:D V 1, M J�=,' LA UQ-V-u atNotary Public in and for said State and County, hereby certify that Christopher P. Achee 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 20� (Seal) OJ�--- Notary Public t�Jl(ln My commission expires I, 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:Mai1:POP- inffo/h—Ann rr(nl.aRQW;0 mh—PUl Anr -� \CQMD�@1D1f i 4I 0 Sa5PoZ11r ZN1 iV cm F — — ses _rota•¢ bb ar mne;sw.ziz LOT 21 a a $ Ig LOT 20 Imo.. �. • 7— _�ari9l = 1 Yxyr�[.vaan_ z it LOT 18 i LOT 17 §� I i rt I LOT 16 .� �LOT 13 ,=nv Y. F it LOT 22 �= r�rf- LOT23 it i #• li'i• 7 n ILOT 2� 'I as I rkr LOT 25 A L-L 99eeI� l i IR LOT 28 I I I LOT 271�1f3 e �h LOT 29 Ii L I I J a v ul ,�u anon Arca Sn.p LOT 30 y :$.02IY F - JADE x ,n I co++slalx.c, uc xnr �nsNkM I.fmY85C�d r r n. ' L LEGE1 lND ax ,l/...SITE �III' n s ' - —bc— uRp IOA Y. . f" �.aT—oer. _ V ILINIiY MAP I W I rxwann nmw I�CW4ERVDgjPER l`' I rw a � rownalrn 1 I FA nnxiu ZONING x.a l WILDING SETCAM NrroFvgprBli � s 1 1j fia�vt�orne Ial wo��D r .s-0..so-0000,».aoo znirm xfr�n nrra✓,r.F1 1.. _� _- __ I w.a� LL a®.sPw.�,sa..arann M+_�r wie ACLES-CRY SINIII IIYt `_tl tlA:]6 waswa.lara�ruce scs 1 1 Ilan. wo rc'a WAY .Q IOU I - aI I I tf //, r I I li' aaNTErt x63W CWB TYPICAL ROADWAY SECTION IVI P P - --. --- (�INTE LACE PHASE TWO ASINGLE-FAMILY RESIDENTIAL NE[GFIDORI IOOD I I SITE PLAN a § - &'b'} A PUD APPLICATICN(2 of 3).