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HomeMy WebLinkAboutO-1596ORDINANCE NO. 1596 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 Burgess A. Thomasson, Jr. generally located on the west side of US Hwy. 98 from the south side of Adams Street to just south of Ledyard Street, Fairhope, Alabama. TAX PARCEL 05-43-09-32-0-000-058.000 05-43-09-32-0-000-059.000 05-43-09-32-0-000-064.000 05-43-09-32-0-000-066.000 05-43-09-43-0-000-023.000 Legal Description: (Case number ZC 15.12) LOTS 2 AND 3 OF BLOCK ONE OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA. AND BLOCK 18 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA. AND ALL THAT PART OF BLOCK 19 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, LYING WEST OF U.S. HIGHWAY 98. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A ONE INCH CRIMPED IRON PIPE AT THE NORTHWEST CORNER OF BLOCK 19 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, AND RUN THENCE SOUTH 15 DEGREES 10 MINUTES 21 SECONDS EAST, ALONG THE WEST MARGIN OF SAID BLOCK 19 (AND THE EAST MARGIN OF 3RD STREET), A DISTANCE OF 667.23 FEET TO A ONE INCH CRIMPED IRON PIPE AT THE SOUTHWEST CORNER OF SAID BLOCK 19; THENCE RUN NORTH 75 DEGREES 06 MINUTES 10 SECONDS EAST, A DISTANCE OF 201.20 FEET TO A ONE INCH CRIMPED IRON PIPE ON THE WEST MARGIN OF U.S. HIGHWAY 98; THENCE RUN ALONG THE WEST MARGIN OF SAID U.S. HIGHWAY 98, THE FOLLOWING DESCRIBED COURSES: NORTH 02 DEGREES 44 MINUTES 09 SECONDS WEST. A DISTANCE OF 313.93 FEET; SOUTH 86 DEGREES 59 MINUTES 57 SECONDS WEST, A DISTANCE OF 20.00 FEET TO A CAPPED REBAR (CA 1 109LS); NORTH 02 DEGREES 35 MINUTES 46 SECONDS WEST, A DISTANCE OF 299.79 FEET TO A CONCRETE MONUMENT; NORTH 86 DEGREES 50 MINUTES 18 SECONDS EAST, A DISTANCE OF 10.00 FEET TO A CONCRETE MONUMENT; Ordinance No. 1596 Page -2- NORTH 02 DEGREES 48 MINUTES 02 SECONDS WEST, A DISTANCE OF 68.62 FEET TO A CAPPED REBAR (CA 1109LS) AT THE INTERSECTION OF THE WEST MARGIN OF U.S. HIGHWAY 98 AND THE SOUTH MARGIN OF LEDYARD STREET; THENCE RUN SOUTH 74 DEGREES 48 MINUTES 27 SECONDS WEST, ALONG SAID SOUTH MARGIN OF LEDYARD STREET, A DISTANCE OF 339.02 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 4.06 ACRES, MORE OR LESS. AND ALL THAT PART OF BLOCK 20 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, LYING WEST OF U.S. HIGHWAY 98. ALL THAT PART OF BLOCK 21 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, LYING WEST OF U.S. HIGHWAY 98. AND ALL THAT PART OF BLOCK 22 OF THE VILLAGE OF MONTROSE AS PER A PLAT THEREOF RECORDED IN DEED BOOK "E". PAGE 388 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, LYING WEST OF U.S. HIGHWAY 98. 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 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 development regulations shall govern: Lots: There shall be 77 total lots. Use: Lots shall be single family residential. Setbacks: • 60' lot setbacks shall be as follows: Front — 25', Rear — 25', Side — 5', Street side — 15'. • Estate lot setbacks shall be as follows: Front — 30', Rear — 30', Side — 10', Street side — 30'. Principal Structures: • Maximum lot coverage shall be 40%. • Building height shall not exceed 35' as measured per the City of Fairhope Zoning Ordinance. Accessory Structures: • Maximum lot coverage shall be 25% of the required rear yard. • Building height shall not exceed 30' as measured per the City of Fairhope Zoning Ordinance. • Setbacks shall be as follows: Rear— 5", Side —10', Street side — 20', Separation from principal structure — 10'. Ordinance No. 1596 Page -3- Buffers: All buffers labeled on the Site Plan shall remain natural, with the exception that where a visual buffer does not exist buffer plant materials shall be installed. Parks: All parks labeled on the Site Plan shall remain undisturbed, except for minimal clearing to construct walking trails. 3. That, any item not specifically outlined in this ordinance shall meet all City regulations and ordinances that govern development. The property is hereby rezoned from R-1 Low Density Single Family Residential District to PUD (Planned Unit Development). 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 12TH DAY OF JUNE, 2017 0, '� Karin W son, Mayor ATTEST: i4A.anks, MMC C .I fib � 5 51RC*iWeT a i ,` � •1 _o \14 _ 1 �3 SEC J1 ------— •µ \ w . , .. iY Y1C ufi n, a/• �2 . 40 + \ 13 I I SEE ET 1 OF 2 43 ' ✓ a I . � � I A 11 b I I 1 l o i PYE� w„ k oer< \9 q2 �� \{ wtx�M te,ise Awr i n, p ,,,, �, .n, i_�•.� I SITE SUMMARY FORREs Rx ,n. /lll , �wrm Yv Tntal Arc. 53.94 Ac Pc�e Total Lors 77 Density 1.4/Acre 4 cwtur a src J, s,Yss• + uu R, al• l to "''� Open Space 29.92 Ac (55.5%) Streets 4,359 L.F. •n. �EOY� 1�Ts + �R �. %"� 7� Y Max. Height 35 F. FFE Max. Coverage 9096 64 74 01, r36 — J]0 ``` I1Y Street 60 Ft. IAt3 B.,ld,ng Setbacks A aY ie, DETAII, SHEET 2 OF 2 / A. co% gCryBtion ECOR OCCH Vs y Y /F� Street Estate Lots Bu,kling Se,hacks PNE �Bt�EE i src • �,w• � Y°YrtT am (.PANT l 'Its ' u'wY "iRENi10 ,nw M'a% �,y'I®flSi t/ jp®IN/ID ,•"""•"""r`•4O0°. ` �'w• SLI f ], 04 E a ,i 1 VVV21 iL{1Y11 Oi1CL �Y • DowbWry P r -Iraq ENMBIT 8 CITY OF FAIRHOPE CITY COUNCIL COVER SHEET May 18, 2017 ZC 15.12 Public Hearing to consider the request of Larry Chason of Chason & Earl Real Estate to rezone property from R-1 Low Density Single Family Residential District to PUD (Planned Unit Development). The property is located on the west side of US Hwy. 98 across from the entrance of Rock Creek. STAFF INTERPRETATION: The subject property is currently zoned R-1 (Low Density Single Family Residential District) and located in the City of Fairhope. The property consists of approximately 53.94 acres and per the applicant's narrative, there are 17 platted lots currently. The applicant is requesting to rezone the subject property to PUD (Planned Unit Development). On October 5, 2015 the applicant presented the Planning Commission with an Informal Review of two potential development designs consisting of multi -family and commercial components for the subject property. The response from Commissioners and the surrounding property owners was unfavorable for both plans presented. The applicant met with Montrose residents and came back before the Commission on March 7, 2016, for additional feedback between a traditional R-1 layout, a cluster design, or a combination of the two styles. The residents objected to proposed improvements and additional traffic on the existing right-of-ways. The Commissioners recommended more buffers and natural greenspace be incorporated and the character of the surrounding neighborhood be maintained. The plan currently under review appears to embrace the concerns of the Commission and residents. Based on the comments received during the Informal Review process, the applicant has redesigned the site and the proposed layout consists of 77 single family residential lots in a cluster style design. There are 6 estate lots which range from 44,284 to 32,164 square foot. Forty 60'x135-150' lots and 31 60'x115' lots are proposed. The proposal includes approximately 29.92 acres of open space and one acre of detention area, for a total site density of approximately 1.4 units per acre. The setbacks for the 60' lots are as follows: front — 25', rear — 25', side — 5', and street side — 15'. The estate lot setbacks are proposed as follows: front — 30', rear — 30', side — 10', and street side — 30'. The maximum building height proposed is 35' (measured per the City's definition) and the maximum lot coverage is 40%. The applicant is proposing that accessory structures may cover up to 25% of the required rear yard, which is consistent with the City's Zoning Ordinance provisions. The street layout is not consistent with the City's vision/requirement of connectivity, but due to concerns of the citizens in the Montrose area and Baldwin County Officials, the current street design is proposed. The PUD provisions in the Zoning Ordinance provide for flexibility in design. There are multiple buffers and an abundance of greenspace/openspace shown on the plat. A walking trail throughout the project is also shown on the PUD plan. Detailed drainage plans shall be submitted upon the submittal of a Preliminary Plat application. The applicant has stated in the Project Narrative that Low Impact Development (LID) techniques will be used to accommodate the City's stormwater requirements. The surrounding adjacent properties are zoned PUD (Rock Creek) and R-1 by the City of Fairhope, and B-2 and unzoned County property to the east; PUD (Trentino), R-1, and B-2 City zoned property to the south; R-1 City zoned property and RSF-2 County zoned property to the west; and RSF-2 County zoned property to the north. PLANNIING COMMISSION RECOMMENDATION: On February 6, 2017 the Planning Commission voted unanimously to recommended approval the proposed PUD zoning contingent upon the following conditions: 1. The buffers shown on the plans shall remain natural, with the exception of the allowance of plant materials to be installed where a visual buffer does not exist. 2. Where a visual buffer does not exist where buffers are shown on the plans, buffer plant materials shall be installed. 3. Any outside agency permits required shall be obtained (ALDOT, Baldwin County, ADEM, etc.) 4. Any item not specifically outlined in the PUD ordinance shall meet all City regulations and ordinances that govern development. 6. The hammerhead shall be adequate to accommodate access of all service nrw ee' trucks for the property.