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HomeMy WebLinkAboutO-1785ORDINANCE 0. 1785 AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANC E AND ORD INANCE 0. 173 6: A PLANNED UNIT DEVELOPMENT KNOWN AS THE HILL TOP PUD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFF AIRHOPE, ALABAMA as follows : Whereas , the City of Fairh ope, Alabama, has approved a request to rezone property to PUD -Planned Unit Development, with Ordinance o . 1736 on the 22 nd day of December 2021 to estab li sh the Hill Top PUD ; Two Hands D esign and D eve lopm ent, LLC , made an applicatio n to amend Ordinance o . 1736 to amend said Ordinance, and Now Therefore, after appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama, has forwa rd ed a favorable recommendation to amend the Hill Top PUD ; The Hill Top PUD , is genera ll y located on the wes t side of South Section Street , South of Petiole Drive, in Fairhope, Alabama. Hill Top PUD PPIN #: 389630 and all parcels included in Slide 0002746-D and Slide 0002893-F Legal Description: (Case number ZC 23.05) COMMENCING AT THE NORTHEAST CORNER OF SECTION 30 , TOWNSHIP 6 SOUTH, RA GE 2 EAST , BALDWI COUNTY, ALABAMA; THE CE RU SOUTH 00 °-04'-39" WEST ALONG THE EAST LINE OF SAID SECTION 30 A DISTANCE OF 979.00 FEET; THENCE RUN SOUTH 89 °-54'-50" WEST A DISTANCE OF 40.00 FEET TO A 1/2" REBAR 0 THE WEST RIGHT-OF-WAY LINE OF SECTION STREET (AKA COUNTY HIGHWAY NO. 3)(80' R/W), SAID POINT BEi G THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL ; THE CE RUN SOUTH 89 °-54'-50" WEST A DISTA CE OF 621.70 FEET TO A CAPPED REBAR (CA0092LS); THENCE RUN NORTH 00 °-02'-30" EAST A DISTANCE OF 328.94 FEET TO A CAPPED REBAR (FAIRHOPE); THENCE RUN SOUTH 89 °-19'-16" WEST A DIST A CE OF 457 .8 1 FEET TO A CAPPED REBAR (HMR); THE CE RUN SOUTH 00 °-16'-30" WEST A DISTA CE OF 457.43 FEET TO A CAPPED REBAR (MOORE); THENCE RUN SOUTH 89 °-53'-32" WEST A DISTANCE OF 201.05 FEET TO A CAPPED REBAR (WATTIER) ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30 ; THENCE RUN SOUTH 00 °-16'-36" WEST ALONG SAID WEST LINE A DISTANCE OF 645.05 FEET TO A CRIMP TOP PIP E; THENCE RUN SOUTH 89 °-41'-54" EAST A DISTANCE OF 1,284.76 FEET TO A CAPPED REBAR (KOUNTZ) ON THE WEST RIGHT-OF-WAY LI E OF SAID SECTIO STREET; THENCE RUN ORTH 00 °-03'-43" EAST ALONG SAID WEST RIGHT-OF-WAY LI EA DISTANCE OF 787.02 FEET TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL CO TAI S 25.88 ACRES , MORE OR LESS . 1. That, in Case Number ZC 23.05, Lot 29 of the Hill Top PUD shall develop in su bstantial conformity with the attached si te plans attac hed as "Exhibit B ". Any substantial deviation from the attached si te plan , as determined by the Director of Planning , will require re-approval by the Planning Commission and the City Council of th e City of Fairhope, Alabama, as a PUD amendment. 2. That, the following amendments have been made to the PUD : Ordinance No . 1785 Page -2- Lot 29: Use: Lot 29 will have its own access from South Section Street. Developer proposes a unique opporturuty to create within a simi lar footprint, and in accordance with the Hilltop Building Standards , a Community House. Designed to foster connections and se rv e as common ground for the surrounding neighborhoods . Allowed uses within the Community House would include a cafe (potentially offering coffee, bakery goods , beer and wine, and limited food items), bed and breakfast suits, fitness , yoga, arts , crafts, small gallery, or professional office space. This development strategy allows the opportunity to create community green space and outdoor dining possibilities . In design of the Lot 29 structures with the topography and shape of the lot, the second floor may be below the main floor. The structures on Lot 29 shall have a maximum structure height of two stories. Residential uses will be restricted to above or below the main floor. Main floor shall be designated .as the floor at street level. Structures sha ll have a maximum building footprint of 3,600 square feet or a total 5,600 square feet (both floors). Cafe and market use shall provide for no more than 65% of the total density. No other use shall provide for more than 50 % of the total density. The intent is to create a design that is compatible with the unique environment of this site. The setback is being reduced to 30' to allow the building to have a better relationship with both the street and the pedestrian access from the existing sidewalk. At least one portion of the building is encouraged to be adjacent to the 30' setback. This building location also ensures the parking will occur either on the side or behind the building. This will also retain a landscape zone between the building and the street, surrounding the building in trees similar to the current landscape setting. By placing the building closer to the street it also helps maintain the integrity of the existing waterway located west of the property. The building may be residential, commercial or a mixture of both . The building will complement the adjoining residential development by incorporating residential scale, proportions , rooflines and details on the primary building elements. Creativity to introduce commercial design elements into the residential aesthetic will be encouraged . Building height shall be a maximum of 30 ' to the mean roof of the primary roof area , and measured from the average existing grade along the 30' setback for the length of the building. Landscaping for Lot 29 shall meet the design requirements of the City of Fairhope based off the determined use. Additiona l planting buffers will be installed along adjacent property lines as buffers to preserve privacy. In the event that this development strategy is determined not to be feasible Lot 29 would revert to the same designation as the remairung lots. Setbacks: Front -30', Rear -30', Side -10', and Street Side -20'. Principle Structure Lot Coverage: 3,600 SF. Building Height: Maximum building height shall not exceed two stories. Lot Size: 49 ,258 SF. Ordinance No. 1785 Page -3- The Planned Unit Development (PUD) known as Hill Top PUD is hereby amended. It 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 s hall continue in full force and effect notwithstanding s uch holding. Effective Date -This ordinance shall take effect imm ediately upon its due adoption and publication as required by law. Adopted and approved this ay of November, 2023 By: __________ _ Corey Martin, Council President Attest: By :~;~ LtsaA.nks. City Clerk Adopted and approved this 13th day of November, 2023 City of Fairhope City Council Octobe r 23, 202 3 Planning Commission unanimously {5 Ayes, 0 Nays) voted to recommend approval of ZC 23.05 ZC 23.05 -Hill Top PUD Project Name: PUD Amendment Site Data : 0.15 Acres Project Type: --- Setback Adjustment from 100' to 30 ' -Jurisdiction : Fairhope Planning Jurisdiction Zoning District: PUD PPIN Number: I--- 389630 --General Location : --- West side of South Sect i on St r eet, South of Petiole Drive Surveyor of Record: ,- Jade Consulting LLC Eng ineer of Record : Jade Co nsulting LLC --Owner I Developer: Two Hands Design - School District : Fairhope Elementary School Fairhope M i ddle and High Schools ------Recommendation : Approval Prepa red by: M ichelle Melton Legend -Road, £:I Parcela []Corporate Ltmltt Zonl~ c1 .. ,l f1ClllkH\ PUC• Planned UNI Development [Z) TR· Touri1t ReM>rt Planning Juntdiction Pqe4or6 APPLICATION FOR ZON'ING DISTRICT CHANGE Property <>wner / Leaseholder Information Name'fwo Hands Design and Development LLCPhon e Number: 251-209-5533 Street Address: 23389 Main St. ---------------------------City: Fairho pe State: AL Zip: --'3:;..;:6=-5=32;:..._ ____ _ Applicant / Agent Information If different from above. Notarized letter from property owner ia required if an agent is used for representation. Name: JADE Consult ing, LLC Phone Number: 251-928-3443 Street Address: 208 N. Greeno Rd Ste . C City: Fairhope State: A"""L.__ __ Zip: 36532 Current Zoning of Property: ___ C_ity_PU_D_, D_i_st_ri_ct_1_7 ___________ _ Proposed Zoning/Use of the Property: _P_U_D_am_en_d_m_e_n_t ________ _ Property Address: Hill Top Phase I & II Parcel Number: 05-46-09-30-0-000-040 .031 Property Legal Description: LOI 29 Hill TOP SUBDIVISION PHASE ONE SUDE 2746-C & D Reason for Zoning Change: Property Map Attached Metes and Bounds Description Attached Names and Address of all Real Property Owners NO NO within 300 Feet of Above Described Property Attached . y NO Character of lmprovements to the Property and Approximate Construction Date: ____ _ Zoning Fee Calculation: Reference : Ordinance 1269 J rtify that I am the property owner/leaseholder of the above described property and hereby submit this application to the City for review. *If prope is owned by Fairhope Single Tax Corp. an authorized Single Tax representative s gn t • • • Peny C . Jinright, Ill, PE (agent) Property Owner/ Leaseholder Printed Name / l2JL7., NA Date Fairhope Single Tax Corp. (If Applicable) 7112/23 , 2 :13 PM Parce l Summary -A ssu ran ce We b Pro pe rty PROPERTY TAX Ba ldwin County, Alabama Current Date : 7/12/2023 Tax Vear: 2023 A Values and Taxes are estimates and are subject to change. CIiek here for the current amount due. Parcel Info PIN PARCEL ACCOUNT NUMBER OWNER MAILING ADDRESS PROPERTY ADDRESS LEGAL DESCRIPTION EXEMPT CODE TAX DISTRICT Tax Information 389630 46 -09 -30 -0-000 -040 .031 347177 TWO HANDS DES IGN AND DEVELOPMENT LLC P O BOX 700 , MONTROSE, AL 36559 0 396 .4' X 466 .9' IRR LOT 29 HILL TOP SUBDIVISION PHASE ONE SL IDE 2746 -C & D SEC 30 -T6S -R2E (WD) IN#1824659 IN#1840265 Fairhope -Fairhope School Tax TAXES ARE DUE ON 10/1/2023 PPIN VEAR 389630 2023 Total Due: $ 2,033.20 LAST PAYME NT DATE •*N/A*• PA ID BY Prope r ty Values Total Acres TAXTVPE REAL TAX DUE $ 2,033 .20 Subdiv ision Information HILLTOPPH1 PAID $ 0.00 Use Value land Value Improvement Value Total Appraised Value Total Taxabl e Valu e As sessment Value $0 $221.000 $0 $22 1,000 $2 2 1,000 S44 ,200 Cod e N ame Lot Block HILL TOP SUB PHASE ONE 29 Type/ Book I Page IN/ N/A / 1738698 S/T/R 30 -6S -2E h tt ps://bald winpro perty.coun tyg ovservi ces .com/Propert y/Summary?taxye ar=2023&ppin=389630 BALANCE $2,033 .20 1/2 7/12/23 , 2:13 PM Detail Information TYPE REF DESCRIPTION LAND 0.000 Acres Building Components Tax Sales ••No TAX SALES FOUND ** © 2023 , All Righ ts Reserved Parcel Summary -AssuranceWeb Property LAND USE TC HS PN APPRAISED VALUE 9110-VACANT RESIDENTIAL 2 N N $221 ,000 https ://baldwinproperty.countygovservices .com/Property/Summary?taxyearn2023&ppin.,389630 2/2 NOTARIZED AUTHORIZATION OF OWN ER I/We lwo "~"J\ o~,:~n ~ D.t~( lop""'t.n+ LL.C.. as the sole orJ·oint fee •--------------------'----------- simp le title holder(s) of the property described as parcel 05 -46-09-30-0 -000-038 .000, approximately 4.8 acres. in City of Fairhope, Baldwin County, Alabama authorize , Two Hands Design and Development. LLC & JADE Consulting, LLC and/or their consultants to act as our agent to seek City and/or County PUD , subdivision , Rezone, site plan/development, DOT, DEP approvals, and/or all regulatory approvals in connection therewith , on the above referenced property. ST A TE OF Alabama COUNTY OF Baldwin By : As Its : Address : Two Hands Design & Development, LLC . Owner '"'s,2 M1t¼1ithome LMu, Fairhope, AL, 36532 Phone: 5l-7Sl-5S3~ Fax : --------- Email : fb~v\.\-c.l(B t ! o..t~ B ~ "1Ao. 1 \ • C.o.,.vi The forgoing instrument was acknowledged before me this ;n"' day of e>rc..h , 2023 by fv..o \-tc.i..-,d) Ou ,·~n f 0.N1.lop~tn~ /JfA)Qf"\ i ,'dJt -1 0 h · 11 _ , as 1 s wner, w o 1s persona )' known to me or who has produced _____ (type of ID) as identification and who did not ti'ilff; --,,,\''cK 111111 an oath . .."',(c, -.J~ ... ~~~ ::,;; ~~-·· ·•. ~~ , ~ ._j 3./~0TAR>,·\~~ v,~ -= -·-: = -. . --. ' -.. •• uc /Jf.:: NOTARY PUBLIC -STATE OF ~~bo ' ············..F..._,,~ 1, STA1£~ ,,,, Les \i' t. V,\ k er) K 00 x 111 "11 ''''' N AM E OF NOTARY -TYPED OR PRINTED COMMISSION NO : ..-d._U_i ___ S"-'-1 _______ _ My Commission Expires September 6, 2026 Summary of Request: JADE Consulting, on behalf of the Owner, Two Hands Design and Development, LLC, requests an amendment to the Hill Top PUD originally approved in December 2021 by Ordinance 1736 concurrent with annexation . The amendment pertains to Lot 29 only and more specifically to the Front Setback . Lot 29 is a standalone lot within the subdivision that is to be developed in accordance with Ordinance 1736. Ordinance 1736 states that the Front Setback for Lot 29 is "100' from Section St r eet centerline ." Applicant des i res to amend the Front Setback to "20' from Section Street centerline ." Figure 1 : Original Site Plan excerpt with 100ftfront setback line . 1 ZC 23.05 Hill Top PUD Amendment -September 7, 2023 Figure 2 : Potential Amended 30ftfront setback line . Comments: The Hill Top Subdivision was approved by the City of Fairhope Planning Commission although it was not within the corporate l imits of Fairhope at the time. As such , Baldwin County Highway Construction setbacks were in effect for South Sect ion Street (aka County Highway 3). The rights-of-ways were i ntended to be dedicated to Baldwin County for maintenance prior to the subject property's annexat ion. Now that the subject property is within Fairhope 's corporate limits, the City's setbacks are applicab le. The Applicant originally requested a 20' setback. However, at the Development Review Committee ("DRC") meeting on August 9, staff suggested a 30 ' setback and the Applicant accepted this change. A 30 ' front setback is in sync with the front setbacks for the rest of the lots withi n the subdivision and aligns with the highway setbacks of de v elopments to the south along Section Street. 2 ZC 23.05 Hi ll Top PUD Amendment-September 7, 2023 Figure 3 : Aeri al w i th 30ft setback at The Colony. 3 ZC 23.05 Hill Top PUD Amendment-September 7, 2023 Lot 29 has its own access from South Section Street. The use for Lot 29 is thoroughly described in Ordinance 1736 and is not changing . Lot 29 wi ll have a "Community House " des igned to "foster connections and serve as common ground for the surrounding neighborhoods." Potent ial uses are a combination of cafe , art and/or fitness studio, residential, and professional office space . Nothing beyond the front setback is being amended on Lot 29 . Figure 4 : Rendering of Community House . Recommendation: • Steff recommends APPRO¥AL fo r Case 2:C 23.05 to emend the front setback to Lot 29 from 100' te 30'. Staff and Planning Commission recommends APPROVAL for Case ZC 23.05 to amend the front setback for Lot 29 from 100' as measure from the centerline of Section St to 30' as measured from the property line; AND add the two proposed paragraphs clarifying the intent of Lot 29. 4 ZC 23 .05 Hill Top PUD Amendment -September 7, 2023 Viewer Map July 12 , 2023 1:2 ,257 0 0 .0175 0.035 polygonlayer polygonlayer polygonlayer D Parcels Lot Lines 0 .07 m, -Override 1 -Override 1 -Override 1 l&1 0 0.03 0.06 Centerlines Conflicts KCS Bald'"'" Cou,-Y. Pldomtlry 0.12 km Misc -Coastal Control Line □ County Boundary Copynght 2019 120 GRAPH(C SO.I.I: 0 ( IN FEET) llllCh= !20lt. 120 TES TO SlNGlf-1',\H(LY ~ 37 SHALL 8E RErnUClfc~ ANO I. LOT'S l-28~3!.DAAI! SUIIJECTTO"Tli ~~S Of HIU. TOI' HO,>.. TM l'OtAU.DWAlllE HIWIY IN THE REZONING NAAAA 2. Sf! I.OT 29 9J 1/SfS. PUO StTE ~. LOT 29 HILLTOPS~ ON STREET S. SfCTl E. AL FAIRHO!' ., -EX. 24' RCP r (N)INV, 66 .8 ' (S) INV. 87 .25 ADE CONSULT I NG August 14 , 2023 Mr. Hunter Simmons City Planning Director City of Fairhope 451 Pecan Street, Ste. 200 Fairhope , AL 36533 JIN RIG HT & ASSO CI ATE S DEVEL OPMEN T ENGI NEERS RE : Hill Top PUD Amendment-Lot 29 Set back JADE No.: TICKLE-1642A Ordinance No. 1736 Dear Mr. Simmons , We respectfully request the City to consider amending the Hill Top PUD . We specifically want to amend the language under the LOT 29 section of the referenced ordinance . Now that the property has been annexed into the City Limits, this , amendment would add the ability to reduce the front set back of Lot 29 and encourage the building to be more pedestrian oriented . We have enclosed example site plans and renderings of the proposed development. We request this below paragraphs be inserted below the 200 paragraph of the LOT 29 section of the ordinance . "The intent is to create a design that is compatible with the unique environment of this site . The setback is being reduced to 30 ' to allow the building to have a better relationship with both the street and the pedestrian access from the existing sidewalk. At least one portion of the building is encouraged to be adjacent to the 30 ' setback . This building location also ensures the parking will occur either on the side or behind the building . Th is will also retain a landscape zone between the building and the street, surrounding the building in trees similar to the current landscape setting. By placing the building closer to the street it also helps maintain the integrity of the existing waterway located west of the property. The building may be resident ial , commercial or a mixture of both . The building w ill complement the adjoining res idential development by incorporating residential scale , proportions , rooflines and details on the primary building elements. Creativity to introduce commercial design elements into the residential aesthetic will be encouraged. Building height shall be a maximum of 30 ' to the mean roof of the primary roof area , and measured from the average existing grade along the 30 ' setback for the length of the building ." We also need to amend the Setbacks section of the ordinance ; Front - 1 gg • iF8FR Seotien StFeet GenteFline 30 ' Would you please advise on what additional information you would like for us to provide so that this amendment may be present to the City of Fairhope 's Planning Commission and City Council for consideration . Respectfully , Perry C. Jinright , Ill , P.E., LEED AP Managing Member POST OFFICE BOX 1929 • FAIRHOPE , ALABAMA 36533 TELEPHONE (251) 928-3443 WWW JADENGINEERS.COM ORO! ANCE O. ~ A B IT RO I 'ED B nm !TY B MA as follow : r TH CITY F fAIRI I PE, The o rd inan e kn wn as the Zoning rdinance (No . 1253), nd pted 27 Jun e 005, 10 •ether with the Z-0ning Map oft he it of Fairhope , be and th e m hereby is hanged nd altered in re pc t lO that c 11ain pr pert d • ribcd below : AOer th ppropnat publi not, and hearing oflhe Pl 11111 ng ommi i o c, lhe 11 f Fairh pc, J ma has forwarded a fa orable recommend ti n, The pr perty f I lilltop Fairhop , I, , gen rally loeatec! on the wesl side p S tio n Ire t on P tiole Or i e and n rt h of Pcci le Drive, Fairhope, Alabaina . Hill Top Suhrll I Ion Phase Ooe ,ind wo PPL ·# 40 91 and •II parcels ioclud rl In . Ude O 2746--0 Legal e cripdon :( a eaumb-r Z 2 1.14 sou • 00 ° TI DJ 00 . CE R RIGHT-F-W /1 ) D t\ ·G fNNING . 11 I . Thal , attn mibit " • vcd sit plan The.-property must d el p in sub ran rmauce roved ite pl and upp rting do c um ent s. An u 13 iat ion fr hed site plan , a. determined by the Director of Plnnning , will require re-approva l by th Plannin g C mmii i a and the i ouncil f th ty of Fai rh ope. Alabam a, as a i'Ub am ndmenl. 2. hall govern 0 er II De elopme11l: All : There hall be 7 l01 t tal. Ordinance o . 1736 Page -2- Use : Jo general , the project is restr icted for residen tial use . The uses are specifically described v lthin the Site Piao and Master Development Plan that include : 36 Si ngle Family Re identia l Lots I Mixed-Use Lot Di me ·on Standard : Dim •nsional standards shall fo ll ow the layout on the a pproved site plan . 'Ingl e Fa mlh · R ·ld ent ia l Deve lopment : Density : 1.43 PA . Lots : Lots 1-2 & Lots J0-37 shall be based oo R-1, Low Density Single-Family Residential Oistrici , with minor d ifferen ces illustrated n the ite Plan . • Use: Lots shall be single family re idcntial. Setbac : Front -30 , Rear -30 ', Sid -1(1 ', and trcct Side -20·. Princi le Structure Lot Cover e : Shall not exceed 4 8% of the total lot. Building Height : Mnximum bui lding height shall not exceed 30 '. Lot Size: Mini.muro lot size shal l be 15,000 square feet. Lot 29 : se · LClt 29 will have its own access from South Section Street. Developer propos a unique opporruni ty to creat within a simi lar footprint . and in accordance with (he Hilltop B uildfog Standards. ommunity House . Designed to foster conne lio ns and erve a common ground for the surrounding neighborhoods. A ll owed uses wit h in the Community Hou e wou ld include a 1.-afe (potentially offering oofTee , ba kery goods, beer and wine. and limited food items), d and breakfast ruit s, fitness , yoga , arts , crafts, small ga lkry, or proless1011a l office spac . TI1is development . trategy a ll ows the o pportu nil}• to create <1cmmunity green space and outdoor dining p ssibitities. ln design oftbe Lot 29 structures with the topography nod shape of the lot. the second fl or may be below the main floor . The structures on Lot 29 sha ll hav a max imum structure height of two s torit:s. Residential uses will be restricted to above or below the main floor , Main floor sha ll be designated as the floor at street level. Structures shall have a maximum b ui lding fo !print of 3,600 square feet or a total 5,600 square feet (both floors). Cale and market uses shall provide for no more than 65% of tbe tota l den ity. No other use shall provide for more than 0% oftbe 101111 density. Landscaping for Lot 29 sha ll meet the de ign requirements of the City ofFairho pe ba ed off the detennined use . Additional p lanting buffers will be installed along adjacent property line a bufTer to preserve pri vacy. In the even1 that th is development strates is d tem1i11ed not u, be feas 1bl Lot 9 would revert to tbe same designation as the remaining lot s . . etback : Front -I 00' from Section Street centerline, Rear -30', Si d e -10 '. and Street Side -20'. Ordiaance No . 1736 Page -3- Bu ildi ng Height: Maxjmum bui ld ing heigh t shall no t exceed two sto ries. Lot Size: 49,258 SF. The property is hereby initiall y zon ed Planned Unit Dev elopment (P UD) con current w ith aooe xa tio o inta the City of Fairhope. This property shall hereafter be lawfu l t construct on such property :my stru ctures permitted by Ordinance No . 1253 and to use said prerni es for any use pennilled or bui lding oughllo be erected on said property shall be in compliance with lhe building laws of the City of Fai rhope and that any structure shall be approved by the Building fficia! of the ity of Fairhope and that any structure be erected only in compliance, ith such laws, including the requirements of Ordinance No . 1253 . Severab ili ty C l ■u e -if any part, ection or ubd ivisic>n of lhi . ordin ance shall be h e ld unconstitutional or invalid for any rea . on such hold ing shall not be con tru ed 10 invalidate or impair the remainder o f this ordinance, which hall continue fo fu ll torce and effect notwithstanding such nolding . E Cfcctlve Date -This ordinance s boll take effect immediaud y upon its due adoption and pub lication as required by low . Adopted and approved this 22 nd day of December, 2021 . Aile t: Revi ed 06/2006 ITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 STATE O ALABA A COUNTY OF BALDWIN PETITION FOR ANNEXATION )( )( We, the und er.igned P TITI N R( ), owner(s) of the lands in fee simple de cribed in the attached EXHIB IT A, uch property being without the Corp rate Limit fthe iry offairhope. Alabama, but being c ntigu us to the said Corporate Limit ; and such pr perry n l lying ithin the corporate limit or police jurisdiction of any other municipality, do, by the e pre . ent., hereby petition the City of Fairhope, a municipal corporation , that sai d property be annexed into the ity ofFairhope, Alabama . The ubject land i delineated on the map attached hereto as EXHIBIT B . This petition is filed under authority of ection I l-42 -2 1, Code of Alabama, 1975, a ame nd ed. 0 This petition i for R-1 Zoning ~The condition of the Petition i that zoning bee tablished as. __ P_U_D ____ _ oncurrent with Annexation. (Zoning Request) Is this property colon property ___ Yes ~ o. lf thi property i colon property the airhope ingle Ta Office must sign a a p titioner . name Signature SignatuJ-e Print petitioner name Physi al dd s of property being annexed : _H_ill _T_o-'-p_P_h_a _se_l &_11 _______ _ Petition r '. urrent Phy ical Addre s : 23389 Main Street Petition r ' urr, nt Mailing ddress: 23389 Main Street Montrose , Alabama 36532 Montrose. Alabama 36532 Teleph ne umber(): __ 2_5_1_-2_7_8-_5_5_33:..__ _______________ _ Home rk aunty Tax Parcel umber: _s_e_e_lis_t _________________ _ Backroom :Users :mray :Library :Mail :POP - ,ntr,•1 .. h .-.-."A n ,.,..t;;'i ..Ji1l'7t:'(0 nl'f I rnnv mhnv ·~\l ,' J:'n"'"" ,..l"\r th+• "n "".~,.,..,uoJt'I PI\U h n t ".~ ..... , ,.n,, R, vi d 6/2 T INFORMATIO O , __ 25_.B_B_a_c _________ _ O lf p p rty is o c upied , give number ofhou ing units 13 lots sold, some under construction O Num er of Pe n residing in each unit, and their race __ o _______ _ O [f pr p rty is uno upied give pr po d use ___________ _ D D If pr perty is eing de eloped as a subdi Hill Top Phase I & II give ubdi vi io n name umber of lots \ ithin prop ed ubdi i ion __ 3_7 __________ _ My mmi ion c pire l , _____________ a lary Public in and for said State and ounty, he reh certify that ____________ who e nam ) i /arc igned to the forgoing Petition and who is/are known to me, thi day app ared before me and, being first duly worn a knowledge that h they have lunlaril ut d thi Pe1·ition on this day same bears date, Given under my Hand and cal thi __ day of ____ _,. 20___, ( ea1 My mmi i n e pire l, _____________ a tary Public in and for aid State and un1y , h rcb cenify that ____________ who c nam ) is/are ign d to the for in Petition and who is/are known to me, this day ppeared before me and, being fir t duly worn , acknowledge that he/ he/they have luntari ly executed this Petition on thi day amc bear date . Given under my Hand and cal this __ day of ____ _. 20 __ , (Seal) tary Pu bli c My cornmi ion expir Bae · m: se :mra y· 1brary :M il :P P- i n r,...1.LJ.-,,.n .n nrr-,,J ul ., .. (0 n-• l ""1-t.n Exhibit A JINRJGlfT & AS SOCIA TES DEVELOPMENT ENGINEERS ,...°' ... _.., SIii c r "PC,AW-aat~s,1 PO 0....Jtlt F ......_.,MJ'.' PhrWlt: t1'1ltll,,:u o fd (l.51)93,V!M ,..__,_ VIONITY MAP&. DERlYING ZONING HILL TOP SUBOMSION :1:25.88 AC SINGLf-fAMllY RESIDENTIAL DEVELOPMENT S. SECTION smEET FAIRHOPE, AL City of Fairhope City Council December 13 , 2021 Planning mmi i nun nimou ·ly (7 Aye . 0 Nay ) v t d tor omm nd appr val of ZC 21.14 ZC 21.14-Hill Top PUD Praj«:t Name : Hill Top Subdivision Phase I and II Site Data: 25.88 acres Project Type : Zoning Change with Conditional Annexation Jurisdiction : Fairhope Planning Jurisdiction Zoning District : Unzoned to PUD (Planned Un i t Development) PPIN Number: PHl on Slide 2746-C; PH2 is PPIN 40591 General Locati on : West side of Section Street on Petiole Drive and north of Petiole Drive Surveyor of Record : Engineer of Record: Trey Junright, Jade Engine ring Owner I Developer: Hi lltop Fairhope , LLC School District: Fairhope West Elementary School , Fairhope Middle and High Schools Recommendation : Approved w/ Conditions Prepared by : Hunter Simmons I I 1'4 )~( . ;· I f 14•.., I'· ,,. 7. f~,;:: I 1s· 8 . 20·; -I ~ \ \\---i ~1{ ®., l I c~{ r ,§ ,,j $°4. r.~ # ~~,{V2f,?AA2· I r __,.. i" ;._., ,.....,, 19 : 1\~fl(/ / / ' ~\ / ! -l o ~ · ~~ 15•~ ~ ~ 4' fi· ~ ~ I I / l';L .. , , , i. r • .n , 'f / ~ I::'>/ 21· L 20· t g 197 / . / /l-o· l i1s· • >-15• 1 1.4• 1 I· i.l,J 'f.l~ 1'· o~2· /'qt. J ~ .. -/ L .. ,,. _. ,,. , ~IB ~20 e, ~ 14• 8 ;::, !II ••• • / ... ~ 21· /2 ~,,-,ti 16~.:.. ~ -' 15• 2 /.1/,l11· • J ' $> ,.,'I', ~1 ,.,., 14" l O /2,f ' /·/ / ~ 16" ~ 16" efb ~.' t\., ~ / / /4 1 ,., .... ~ 13• -t • ~' 20· efb ~ / , ~ ~ ;; ~~ / /1 '~~ If 12· 70· ~,;J-..,./2~---~ 21· / I I /JB" ~ I I / / ' ' ' • ,-'' ' ,, d ' ,,.... f . / " 1:;· 12· ~ / • ·-uu---==-•-=-• 14• ! I -22· 13· 14• 16" 15• 1r 12· 16" 12· , ... I 119. 24• 1s· ·-'--,,~v .. , , ,,,.. 60 ~ ZoningDistrict -B-1 -Local SAOpping o,.n:t 8-2 -Genena1 BUSWIH& °'8lrlc:c -8-Ja -Tounst RHOn lodging 01stnd -B-3b • Tounst Re90rt Convneraal Servica 01stnct -8--4 -BuSll'leU and ProfeMIOl"IIII 01stnct -HTC -Highway Tran11bon District -M-1 • Light Industrial Otatnct -P-1 -Parking PUC. Planned Unit Development R-1 -Low Dan.«y Stngle-Famtly [D R1(•) • RH1denul Unoet11,n ~ R1(b) • Rea1denlal Unoena1n ~ R1(c) • Retlldential Uncertain -R-2 • Medium Oen11ty S1ng1e-fam,ly -R-3 • High Oensrty &ngle-fam1ly R-3PGH -PabOIGaflan Single-Fam.ly CJ R-3TH • Townhouse Single Fam~y -R-4 Low DenSlly Mutb-Famlly R-.5 -High Oen•ty Ow.lling ReSldential R-6 -Mobile Home Perk O.stnct -R-A • Re11dent1al/Agncutture o,stnct IZ2I TR • Toonat RHort Locator Map: The Property of Hill Top PUD (ZC 23.05) •B-1 -LoctiISn0f)t)ll'IODl9tnc:1: 8-2-Gtnef'al~MD.tnd •B-ll -TourtlCRe.ottl.oog'"IIOatnc:t • 8-3b • TOWIII Rnort Commereial S.,vw;:,., 0t.tnec •8-4 -~andProfe"'°'""lo..tnd •HTC -Hlghwlly Tra,_,on Dl.anct •M-1 • Light lod~I D•tni::I •P-1 -P.rtaog PUD . Planned UM Otvelopmenl R-1 -Low Otnuy S111gle-f1mity 0 R1(a) • RHIIMnt•I Unoert■,n m R1(b) • R .. 1dent11l Unoerta., laR1(c) • Rndentlal Uncert.P, •R·2 • Medium Otndy Sngle·F•IT'ifV •R-3 -HlghOitf'lllt)'Stngle-F•mily R-3PGH • PalloJG,roeo Sir,gle-hmily CJ R-3TH • TO'IW'lhouH Single F,mly •R-'-LowDt..cyM~1-Family •R-6 . High Dtouy Dwelliru Reaideroal R~ -Mobile Hon-. Perl! o.tnd •R-A-RHIOWll•IJAgneulUJ11 Olslnct C TR .. Tourlll RHOfl •v.1erBodv P»rww,g Jwt1ehc:t,on