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HomeMy WebLinkAboutO-1616ORDINANCE NO. 1616 AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE TO AMEND ORDINANCE NO. 1362: A PLANNED UNIT DEVELOPMENT KNOWN AS FAIRFIELD, PHASE VI; TO APPROVE A SITE PLAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The City of Fairhope has approved a request to zone property to a PUD (Planned Unit Development) to be known as Fairfield, Phase VI PUD on the 28th of November 2005 and amendments were made on the 1 Oth of July 2006, and on the 9th of June 2008. BCL&L Acquisitions, LLC, Anil K. Vira, Stephen B. and Korokay Christensen, and Gale Majors made the application to amend said ordinance, specifically Lot 19, and 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 BCL&L Acquisitions, LLC, Anil K. Vira, Stephen B. and Korokay Christensen, and Gale Majors generally located at 655 Norman Lane, Fairhope, Alabama. LOT 19, FAIRFIELD, PHASE VI PUD PPIN: 298888 Legal Description: (Case number ZC 18.01) LOT 19, FAIRFIELD UNIT VI, ACCORDING TO MAP OR PLAT THEREOF RECORDED IN SLIDE 2358-D AND AMENDED AT SLIDE 2377-A, RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA. 1. That, in Case Number ZC 18.01 the property described above shall develop in substantial conformity with the attached site plat as attached as "Exhibit A" and shall remain in compliance with the previously approved PUD site plan. Any substantial deviation from the attached site plan or the previously approved PUD site plan, as determined by the Planning Director will required re -approval by the Planning Commission and the City Council of the City of Fairhope, Alabama as a PUD amendment; 2. That, the following amendments have been made to Lot 19 of the PUD: Lots: 15 single family residential lots as shown on the approved site plan attached as Exhibit A. Setbacks: As shown on the approved site plan attached as Exhibit A. Ordinance No. 1616 Page -2- The Planned Unit Development (PUD), for Lot 19, Fairfield, Phase VI, is hereby amended (Ordinance No. 1362). 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 11 TH DAY OF JUNE, 2018 ATTEST: isa A. �IaXs,VM'C City Clerk c ov/ Karin i son, Mayor I III © !ffi9���lE .Si4YiY� Nna46•zz'w ,D9.,6' wTa:''ww, D,'16'w 81.>j 1 DRAINAGE 6: UTILIttrEA6El1ENT�� ,�-ame-m••a wm. � N,s Ir,w,tD D,x A.r, i°D>. - COMMON AREA �j --�- W E IS ::•tom' B coMMDN AREA I -,, ,, �I mKV I Imp V.T.-" R.,.r QI Ir--—�•��,J �ti• I fi 19-D g SI ___-____- -- _____-_ ` I f _ 19-E mm, $ 19-F Yb § I -p, ] I CJMMr.N AG'r:J f � g,� I � I _ cif 19-G nw> ,H PE Fin'hope i Church 3� z ® I♦ 4 2, 13 zs Ja, VICINITY MAP I. = I MILE L GENT: RDas.w rc.a m,.v. a v MODfRCATTON NOTE: -----�_I-------I-:c�'�= ` ...w.. N.�,D. �.rvWE. - 4 _ _ _ Y , ��' w< wi x ,° rc vrzc. Ia mna.c ec-.[nu 6>uwa. -e s 9 4 4 ! ------ 'pus--- -- m �n • Y, 5�4 tttitt 19 J ff________ � -- - m ~ J IY -— - ----_ _ v _Z LGT �] DD f l I I I ...6, asewrorcrvoe 7I ,~ Y------ •• SLTtVEYOR'S NOTES. .0 rsAn. o' nu,wn , uA c ix .ccaD.wa w,n u s m f R 19-M ..wee_ _ _ — —-----Ts;�------- , . - M Lo-N 8 - �` u� _ s >K wa.0 .,.vrvrvD.e wn,cr. •"rrv°V^`�Ovnromnw.l.. wn�c�v.n Ns�.�.im uew'vw,w SURVEYORS =TVUCATE: I v 19-0 •..---__-- -- I. I LGT , .o-mr n,Drtxry v.nwnn m eucnx cams. --A. „ b CGMMCN'AREA 3 — / s-`----- SL-,.Dr.wD..a.Dla., ,la. ,E D 11 Yil I r,s ` SURVEYOR\ENGINEER: PLABq DEWBERRY I PREOLE-RISH w A 9949 BELLATON AVE DAPHNE, ALAS— 36526 i DAVID E. D1EHL. PLS LIC. NO. 2601a IMn JASON N. ESTES• PE LIC. NO. 22714 O� SITE DATA Exhibit CURRENT ZONING: P.U.O. LIN. FT. STREETS: N/A NUMBER OF LOTS: 15 LARGESTTLOT: 6.4694SFF FARU ELD, A P,U.D. COMMON AREAS: AC TOTAL AREA: 3.1 MODIFICATION TO LOT 19, UNIT VI \•y ' °`"""`^'°""` AC A REQUIRED SETBACKS: I .a.. �•'^�—.—._.f_._._-:—;—_._._._._ FRONT: 15 FEET NOVEMBER }B• 1017 - SFNdT]' 1 OF 1 SfEEI$ REAR: 10 FEET SI OE: 5 FT -LOTS 19-E T° 19-0 BOUNDARY SURVEY AND FIAT OF SUMMON j 5 FT (SOUTH) @ 10 (NORTH) I 119 DB h 19-C JGA DnewN A.E.F. CHKD. C.E.O LOTS . 0 FT (SOUTH) & 10' (NORTH) 5(NORTH) LOT 19-A OW ..N E SURVEYOR C.E.J vR01 MGR JA BALDINN CO. HWY44 80-RIGHT_OF-WAY WATER SERVICE: CITY OF FAIRHOPE —E I'SD (AKA. TIMN BEECH ROADJ — SEWER SERVICE: CITY OF FAIRHOPE ® Dwberrr I PREBLE-RISH PROJ. ND.5G0.621!B ELECTRIC SERVICE: RIVIERA UTILITIES TELEPHONE SERVICE: SERVICE:AT&T uEr BLE lOfd41J6P 1T1.1D GAS: CITY OF FAIRHOPE IqV 2 201 ART 'OF I Applicant Name: Davis and Fields, PC Owner. Anil K. Vira (lot 19-A) Stephen B. and Korokay Christensen (lot 19-13) Gale Majors (lot 19-C) BCL&L Acquisitions, LLC (lots 19-D to 19-0) Project Type PUD Amendment PPIN Number. 298888 General Location: Boothe one block north of Twin Beech Road School District: Fairhope Elementary, Middle, and High School Report prepared by: J. Buford King LEED AP, QCI Staff Recommendation: Approval Planning Commission Recommendation: Conditional Approval City Council May 14, 2018 Case: ZC 18.01 Lot 19, Fairfield Unit VI PUD Amendment Legend f — S.A.P. CITY OF FAIRHOPE ZONING Zenieg =t TR -.Ye1 Resn SITE O R-i4 RMtlMnM IIIpnMlr. Dann R.1 UwDe..q Seps•I.ery r T Rlpl R I(D) RIW R-7 MO... G"SwW.4-1y Q R.D H" D.Wf smlr1-4 RJ PC" ..n.n7..l.. 5.0...m' O R.3 -N To"oftr. SMy. 1-JY Q 0... L.w0-WY.ei-W 11 r 0.-S Nq.OM15lrO W* Rl.W R4 YMMl NMnl.M DNa - 61 L-111ftW1 DOb.e 84 G.—II..n Cmiona = e•Je T— R— CamnMO05— c"d Y-1 Ulm V.&WOmom - 0.1 l.ORR PVD PYvIlO YnlDM.gmHt O V.KN LM LxM w a y. too - RM Cr LJ ! t �` ► z ,a:. �P.`7 � . tee. r- 1 ZC 18.01 Lot 19 Fairfield, Unit VI PUD Amendment — May 14, 2018 Summary of Request: Public hearing to consider the request of Dewberry I Preble-Rish on behalf of Anil K. Vira (lot 19-A), Stephen B. and Korokay Christensen (lot 19-B), Gale Majors (lot 19-C), and BCL&L Acquisitions, LLC (lots 19-D to 19-0) for approval of an amendment to the Planned United Development (PUD) zoning classification of Lot 19 in the existing Fairfield Subdivision. Subject PUD amendment will modify the exiting PUD's master plan to reflect the establishment of lot lines for the three structures currently existing on Lot 19 (to become lots 19-A, 19-B, and 19-C) as well as reflect the establishment of lots for the remainder of Lot 19 resulting in a total of fifteen (15) lots. A re -subdivision application (case number SD 18.04) has been submitted concurrently for the re -subdivision of Lot 19 of the existing Fairfield Subdivision, Unit VI. Comments. - Subject property is generally located on Boothe Road one block north of Twin Beech Road with access via Norman Lane, a paved, publicly -maintained street. The subject property is 3.11 acres in size and the average size of each lot after subdividing will be 0.15 acres +/-. The largest lot is 0.16 acres and the smallest lot is 0.14 acres in size. A survey is included in the subject application to reflect the proposed lots to be added to the existing PUD's master plan. The City of Fairhope Zoning Ordinance, Article III.A. provides the following purpose for the zoning of the subject property: PUD Planned Unit Development: This district is intended to encourage innovative development that meets comprehensive plan goals and is tailored to the unique constraints and conditions of a particular site. This district allows flexibility in uses, designs, and building layouts as opposed to other zoning districts to better serve community needs. The City of Fairhope Zoning Ordinance, Article VI. Section A.4. further defines the requirements of Planned Unit Development (PUD): Ordinance and Site Plan Required — Each Planned Unit Development shall have an Ordinance that establishes the development of regulations for the district. In approving a Planned Unit Development, the ordinance shall reference the site plan, which shall prescribe development standards. The site plan after approval shall become part of the amending ordinance. All development shall be in conformance with the approved Site Plan and development regulations. Ordinance number 1308, case number ZC 06.10, was adopted by the Fairhope City Council on July 10, 2006 creating the existing PUD related to subject property. The dimensional standards comprising ordinance number 1308 are summarized in the table below: Ordinance 1308 Dimensional Standards District Min. Lot Size Min. Lot Width Front Rear Side Max. Coverage Max. Height PUD Not specified Not specified 35' 10' 5' 31.5% 30' ZC 18.01 Lot 19 Fairfield, Unit VI PUD Amendment — May 14, 2018 The requested PUD amendment the subject property reflects the dimensional standards shown above. In addition, an additional 10' common area a 10' landscape buffer west of the subject property shown on the existing PUD master plan is also reflected in the PUD amendment survey drawing. School Student Analysis: The proposed PUD amendment master plan for lot 19 of the Fairfield Subdivision contains fifteen (15) single family lots. The "townhomes" in the existing PUD are detached units, and therefore treated as single family units. Applying the student yield factors (SYF) provided by the Baldwin County Board of Education listed below, the development is expected to generate 5.85 (15 x 0.39) elementary school students, 1.65 (15 x 0.11) middle school students and 2.55 (15 x 0.17) high school students. Development Name Application Type Housing Type Total Units Attendance Zone SYF Expected Number of Students Lyons Subdivision Final Plat SF 15 Fairhope Elementary 0.39 5.85 " " " " It It Fairhope Middle 0.11 1.65 ItIt It It It ItFairhope High 0.17 2.65 Total Students 10.15 Allowable Uses: Ordinance 1308 specifies "residential" as the only allowable use within the PUD. The subject PUD amendment does not request any change in usage and only reflects the depicted on the included survey to be incorporated into the PUD's master plan. Zoning History of Nearby Properties: Case number ZC 00.12 was a request of Paul Monroe or a zoning change from R-1 Single Family Residential to R-3 Single Family Residential on Multiple Lots in Fairfield Subdivision. The property is generally located at Boothe Road and Twin Beech Road. The Fairhope City Council considered the re -zoning request on July 10, 2000. Case number ZC 05.15 was a request of Fairfield Financial, LLC for a Zoning Change from R-3 High Density Single Family to Planned Unit Development (PUD). The property is generally located at the northeast corner of Twin Beech Road (County Road 44) and Boothe Road. The Fairhope City Council adopted the zoning change at their November 28, 2005. Case number ZC 06.10 was a request of Hutchinson, Moore, and Raugh, LLC, to amend the existing Fairfield Unit VI PUD ordinance. The property is generally located at the northeast corner of Twin Beech Road (County Road 44) and Boothe Road. The Fairhope City Council adopted the PUD amendment on July 10, 2006. Fairhope Comprehensive Plan Guidance The subject property is located approximately 1.5 miles southeast of the Fairhope Avenue/Greeno Road Village Node, and 2.03 miles southwest of the Fairhope Avenue/State HWY 181 Village Node. The subject property does not abut the village nodes described above, and given the distance from the nodes to the subject property, there is no conflict of compatibility between the uses. ZC 18.01 Lot 19 Fairfield, Unit VI PUD Amendment — May 14, 2018 Site Photos Subject property looking northwest from Norman Ln Subject property looking southwest from Subject property looking west from Norman Ln Staff Recommendation: Staff recommends the rezoning be APPROVED. Planninq Commission Recommendation: Norman Ln F_ a Subject property looking south from Norman Ln The City of Fairhope Planning Commission, at its January 4, 2018 meeting, unanimously recommended the rezoning be APPROVED subject to the following condition: 1. Planning Commission approval of Case # SD 18.04, Re -subdivision of Lot 19, Fairfield Subdivision Unit VI. The City of Fairhope Planning Commission, at its January 4, 2018 meeting, unanimously approved Case # SD 18.04, Re -subdivision of Lot 19, Fairfield Subdivision Unit VI subject to the following condition: 1. City Council approval zoning change Case # ZC 18.01 Lot 19, Fairfield Unit VI PUD Amendment. 4 ZC 18.01 Lot 19 Fairfield, Unit VI PUD Amendment — May 14, 2018