HomeMy WebLinkAboutO-1728BALDWIN COUNTY , ALA BAMA
HAR RY D'OLIVE . JR . PR OB ATE JUDGE
Filed/cert . 10/8/2021 8:14 AM
TOTA L $ 34 .00
8 Pages
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ORDI ANCE N O. 1728 1 111 i~l~i~U}~~1l@tf~~trl ll Ill
AN ORDINANCE AM E D IN G ORDINANC E 0. 1253
KN OWN AS TH E ZO IN G ORD INAN CE
BE IT O RD AINE D BY THE CITY COUNCIL OF THE CITY OFF AIRHOPE, ALABAMA
as fo ll ows:
The ordinance known as the Zoning Ordinance (No. 1253), adop ted 27 June 2005 , together
with the Zoning Map of the City of Fairhope, be and the same hereby is ch anged and altered in
respect to that certain property described below :
After the appropriate pu bl ic notice and hearing of the P lanning Commission of the City of
Fairhope , A labama has forwarded a fa v orabl e recommendation,
Th e prope rt y of S il verhill En terprises, LLC , generall y located eas t and west of Highway 181
near The Waters Subdivision , Fairhope, A labama.
HARVEST GRE E P UD
PPIN # 177 37, 17735 , 77776
Legal Description : (Case number ZC 21.10)
WEST:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 6 SOUTH , RANGE 2
EAST, BALDWIN COUNTY, ALABAMA AND RUN THE CE ORTH 89 DEGREES 54
MINUTES 29 SECONDS WEST , ALO G THE NORTH LINE OF THE NORTH HALF OF THE
ORTHEAST QUARTER OF SAID SECTIO 3, A DISTA CE OF 56 .31 FEET TO A 1/2"
CAPPED REBAR(SE CML) 0 THE WEST RIGHT-OF -WAY OF ALABAMA HIGHWAY 181
FOR THE POINT OF BEGINNING: THE CE, DEPARTING SAID RIGHT -OF-WAY, CONTINUE
NORTH 89 DEGREES 54 MINUTES 29 SECONDS WEST , ALO G THE NORTH LINE OF THE
ORTH HALF OF THE ORTHEAST QUARTER OF SAID SECTIO 3, A DISTANCE OF
2600.01 FEET TO A 1/2 " CAPPED REBAR (SE CIVIL); THE CE NORTH 89 DEGREES 05
MINUTES 03 SECONDS WEST , A DISTANCE OF 113.47 FEET TO A 1/2 " REBAR; THENCE
RUN SOUTH 00 DEGREES 25 MINUTES 01 SECONDS WEST , ALONG A WIRE FENCE, A
DISTANCE OF 1327 .96FEET TO A POINT (POINT FALLS IN POND) ON THE SOUTH LINE OF
THE SOUTH HALF OF THE ORTHEAST QUARTER OF THE ORTHWEST QUARTER OF
SAID SECTIO 3; THE CE RUN SOUTH 89 DEGREES 57 MINUTES 29 SECONDS EAST,
ALO G THE SOUTH LINE OF THE SOUTH HALF OF THE ORTHEAST QUARTER OF THE
NORTHWEST QUARTER, A DIST A CE OF 120.88 FEET TO A 3" OPE END PIPE ; THE CE
RUN SOUTH 89 DEGREES 56 MINUTES 40 SECONDS EAST, ALO G THE SOUTH LINE OF
THE ORTH HALF OF THE ORTHEAST QUARTER, A DISTA CE OF 2609.57 FEET TO A
1/2" REBAR ON THE WEST RIGHT-OF-WAY OF SAID ALABAMA HIGHWAY 181 ; THENCE
RUN NORTH 00 DEGREES 25 MINUTES 39 SECONDS EAST , ALONG SAID RIGHT-OF-WAY ,
A DISTANCE OF 530.36 FEET TO A 6"X6" AL DOT (ALABAMA DEPART MENT OF
TRANSPO RTATION) CONCRETE MONUME T ; THENCE RUN NORTH 03 DEGREES 16
MINUTES 32 SECONDS WEST , ALONG SAID RIGHT-OF-WAY , A DISTf\ CE OF 140.59 FEET
TO A 6"X6" ALDOT CONCRETE MONUME T ; THENCE RUN ORTHERL Y, ALO G SAID
RIGHT-OF-WAY , ALO GA CURVE TO THE RIGHT , HA YING A RADIUS OF 7729.44 FEET,
AN ARC LENGTH OF 161.60 FEET , (CHORD BEARS NORTH 01 DEGREES 28 MINUTES 24
SECONDS WEST, A DISTANCE OF 161.60 FEET TO A 6"X6" ALDOT CONCRETE
MONUMENT ; THE CE RUN ORTH 52 DEGREES 30 MINUTES 22 SECONDS WEST, ALONG
SAID RIGHT-OF-WAY , A DISTANCE OF 31.80 FEET TO A 6"X6" ALDOT CO CRETE
MONUMENT; THE CE RUNNORTHERLY, ALONG SAIDRIGHT-OF-WAY ,ALONGACURVE
TO THE RIGHT, HAVING A RADIUS OF 7754.44 FEET, AN ARC LENGTH OF 81.12 FEET,
(CHORD BEARS NORTH 00 DEGREES 28 MINUTES 54 SECONDS WEST , A DI STANCE OF
81.12 FEET TO A 6"X6" ALDOT CONCRETE MONUME T; THENCE RUN NORTH 22
DEGREES 43 MINUTES 51 SECONDS EAST, ALO G SAID RIGHT-OF -WAY , A DI STANCE OF
65.03 FEET TO A 6"X6" ALDOT CO CRETE MONUME T; THENCE RUN NORTH 00
DEGREES 17 MINUTES 33 SECONDS EAST, ALO G SAID RIGHT-OF-WAY , A DISTANCE OF
331.86 FEET TO THE POINT OF BEGINNING . TRACT CO TAINS 82.77 ACRES, MORE OR
LESS.
Ordinance No. 1728
Page -2-
EAST:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 2
EAST, BALDWIN COUNTY, ALABAMA AND RUN THENCE SOUTH 89 DEGREES 39
MINUTES 20 SECONDS EAST, ALO G THE NORTH LINE OF SAID SECTIO 2, A DISTANCE
OF 133.72 FEET TO A 1/2" CAPPED REBAR (SE CML) 0 THE EAST RIGHT-OF-WAY OF
ALABAMA HIGHWAY 181 FOR THE POINT OF BEGINNING: THENCE DEPARTING SAID
RIGHT-OF-WAY , CO TINUE SOUTH 89 DEGREES 39 MINUTES 20 SECONDS EAST, ALO G
THE NORTH LINE OF SAID SECTION 2, A DIS TA CE OF 1193 .19 FEET TO A 1/2" CAPPED
REBAR (SE CIVIL); THE CE RUN SOUTH 00 DEGREES 15 MINUTES 02 SECONDS WEST ,
ALO G THE EAST LINE OF THE ORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 2, A DISTANCE OF 1323.34 FEET TO A 1/2" CAPPED REBAR (SE CML);
THENCE RUN SOUTH 89 DEGREES 42 MINUTES 26 SECONDS EAST, ALONG THE ORTH
LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 2, A
DISTANCE OF 1329.67 FEET TO A 1/2" CAPPED REBAR (LS #19254); THENCE RUN SOUTH 00
DEGREES 17 MINUTES O 1 SECONDS WEST, ALO G THE EAST LINE OF THE SOUTH HALF
OF THE NORTHWEST QUARTER OF SAID SECTION 2, A DISTANCE OF 1322.14 FEET TO A
1/2" CAPPED REBAR (LS #19254); THENCE RUN NORTH 89 DEGREES 49 MINUTES 40
SECONDS WEST, ALO G THE SOUTH LINE OF THE SOUTH HALF OF THE ORTHWEST
QUARTER OF SAID SECTIO 2, A DISTANCE OF 1330.30FEETTOA l /2"CAPPEDREBARAT
THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE ORTHWEST
QUARTER OF SAID SECTIO 2; CONTINUE THE CE NORTH 89 DEGREES 49 MINUTES 40
SECONDS WEST, ALONG THE SOUTH LINE OF THE SOUTH HALF OF THE ORTHWEST
QUARTER OF SAID SECTION 2, A DISTANCE OF I 079. 73 FEET TO A 1/2 CAPPED REBAR (SE
CIVIL) AT THE SOUTHEAST CORNER OF LANDS HERETOFORE CONVEYED TO THE
STATE OF ALABAMAINTHATWARRANTYDEED,RECORDEDATINSTRUME T 1316996 ,
PROBATE RECORDS , BALDWIN COUNTY, ALABAMA; THENCE, DEPARTING THE SOUTH
LINE OF THE SOUTH HALF OF THE ORTHWEST QUARTER OF SAID SECTION 2, RUN
ORTH 00 DEGREES 09 MINUTES 44 SECONDS EAST, ALONG THE EAST LINE OF SAID
STATE OF ALABAMA LANDS, A DISTANCE OF 242.59 FEET TO A 1/2" CAPPED REBAR (SE
CIVIL); THE CE RUN NORTH 89 DEGREES 45 MINUTES 31 SECONDS WEST, ALO G THE
NORTH LINE OF SAID STATE OF ALABAMA LANDS, A DIST A CE OF 63.45 FEET TO A 1/2"
CAPPED REBAR (SE CIVIL) 0 THE EAST RIGHT-OF-WAY OF SAID ALABAMA HIGHWAY
181; THENCE RUN NO RTH 00 DEGREES 17 MINUTES 29 SECONDS EAST , ALONG SAID
RIGHT-OF -WAY, A DISTANCE OF 970.84 FEET TO A 1/2" CAPPED REBAR (SE CIVIL) TO
THE SOUTHWEST CORNER OF SAID STA TE OF ALABAMA LANDS; THENCE, DEPARTING
SAID RIGHT-OF-WAY , RUN SOUTH 89 DEGREES 37 MINUTES 20 SECONDS EAST, ALONG
THE SOUTH LINE OF SAID STATE OF ALABAMA LANDS, A DIST A CE OF 76.49 FEET TO A
1/2" CAPPED REBAR (SE CIVIL); THENCE RUN NORTH 00 DEGREES 29 MINUTES 14
SECONDS EAST, ALO G SAID ST A TE OF ALABAMA LANDS, A DIST A CE OF 113.96 FEET
TO A 1/2" CAPPED REBAR (SE CIVIL); THENCE RUN NORTH 89 DEGREES 42 MINUTES 26
SECONDS WEST, A DISTANCE OF 76.69 FEET TO A 1/2" CAPPED REBAR(SE CIVIL) 0 THE
EAST RIGHT-OF-WAY OF SAID ALABAMA HIGHWAY 181; THE CE RUN NORTH 00
DEGREES 03 MINUTES 35 SECONDS WEST, ALONG THE EAST RIGHT-OF-WAY OF SAID
ALABAMA HIGHWAY 181 , A DISTANCE OF 4.8 1 FEET TO A 6"X6" ALDOT (ALABAMA
DEPARTMENT OF TRANSPORTATION) CONCRETE MONUMENT; THE CE RUN NORTH 05
DEGREES 15 MINUTES 51 SECONDS WEST, ALO G SAID RIGHT-OF-WAY , A DISTANCE OF
273.24 FEET TO A 6"X6" ALDOT CONCRETE MONUME T; THE CE R ORTH 02
DEGREES 09 MINUTES 28 SECONDS WEST, ALO G SAID RIGHT-OF-WAY, A DISTANCE OF
261.14 FEET TO A 6"X6" ALDOT CO CRETE MONUME T; THE CE RUN NORTH 09
DEGREES 55 MINUTES 11 SECONDS EAST,ALO GSAIDRIGHT-OF-WAY,ADISTANCEOF
143.91 FEET TO A 1/2" CAPPED REBAR (SE CIVIL); THENCE RUN ORTHERL Y, ALO GA
CUR VE TO THE RIGHT, HA YING A RADIUS OF 7509.44 FEET, A ARC LE GTH OF 312.96
FEET, (CHORD BEARS ORTH 00 DEGREES 54 MINUTES 06 SECONDS WEST , A DISTANCE
OF 312.94 FEET) TO A 6"X6" ALDOT CONCRETE MONUME T; THENCE RUN NORTH 11
DEGREES 46 MINUTES 10 SECONDS WEST, A DISTA CE OF 143.90 FEET TO A 6"X6"
ALDOT CONCRETE MONUME T ; THENCE RUN NORTH 00 DEGREES 17 MINUTES 32
SECONDS EAST, A DISTANCE OF 191.26 FEET TO THE POINT OF BEGINNING. TRACT
CONTAINS 110.25 ACRES , MORE OR LESS.
Ordinance No. 1728
Page -3-
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, attached as "Exhibit B " is an approved Master Development Plan (MDP). The
property must develop in substantial conformance with the approved MDP. Any
substantial deviation from the attached MDP, 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.
3. That, the following development regulations shall govern:
Overall Development:
Lots: There shall be 376 lots total.
Use : In general, the project is described as a mixed-use residential community. However,
there is no commercial uses proposed. The uses are specifically described within the Site Plan
and Master Development Plan that include:
375 Single Family Residential Lots
1 Parcel reserved for future Fire Station
Dimension Standards: Dimensional standards shall follow the layout on the approved site
plan .
Density : 1.93 / AC
Sidewalks and Street Trees: All sidewalks and street trees shall be installed prior to submission
of Final Plat Approval.
Drainage and Detention: Drainage and detention shall meet the Stormwater Standards in the
Fairhope Subdivision Regulations.
Buffers: Buffers shall meet the applicable requirements of all City of Fairhope Regulations.
Single Family Residential Development:
Lots : There shall be 375 single family residential lots .
Use: Lots shall be single family residential.
Setbacks: As shown on "Exhibit A ".
Principle Structure Lot Coverage: As shown in the Master Development Plan.
Building Height: Maximum building height shall not exceed 35' for 100' wide lots.
Maximum building heigh shall not exceed 30 ' for all others .
Lot Size: Lot size as shown on "Exhibit A".
The property is hereby initially zoned 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 ofFairhope and that any structure be erected only in compliance
with such laws , including the requirements of Ordinance o . 1253 .
Ordinance No . 1728
Page -4-
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 and approved this 27th day of September, 2021.
Attest:
B~~L
City Clerk
Revised 06/2006
CITY OF FAffiHOPE
P.O. DRAWER 429
FAIRHOPE, AL 36533
251/928-2136
STATE OF ALABAMA
COUNTY OF BALDWIN
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 11-42-21, Code of Alabama, 1975, as amended.
This petition is for R-1 Zoning Planned Unit
X The condition of the Petition is that zoning be established as Development
Concurrent with Annexation . (Zoning Request)
Is this property colony property ___ Yes X No. If this property is colony ~~~;~~-0-0oo-0o 1 _51
prop•~3µ•gle Tax Office must sign as a L::~>-ftj ~' oo loo, p,operty.
Signature of Petitioner Print petitioner's name
(for Fairhope ~ (for Fairhope Single Tax) f ~ 5{z.,/z1 6,t. (v17~,,.J
Signature of Petitioner Print petitioner's name
(for Silverhill Enterprises , L.L .C .) (for Silverhill Enterprises L.L.C .)
Signature of Petitioner Print petitioner's name
Physical Address of property be ing annexed: _S_T_H_WY __ 18_1 ________ _
Petitioner's Current Physical Address :
112 Bay Circle Drive
Holland , Ml 49424
(tel) C,6-1/ol-lf<fl
Petitioner's Current Mailing Address:
336 Fairhope Avenue
Fairhope , AL 36532
(tel) 251 -928-8162
Telephone Number(s): _______________________ _
Home Work
County Tax Parcel Number: 05-46-01-02-0 -000-001.508 05-46-01-02-0-000-002 .000
05-46-02-03-0-000-001 .000
Backroom: Users :mray: Library :Mail :POP-
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Revised 06/2006
U.S JUSTICE DEPARTMENT INFORMATION
Size of property (acres or square feet) __ 1_93_._0_3_A_c_r_e_s ________ _
If property is occupied, give number of housing units 1 Residence
Number of Persons residing in each unit, and their race __ 1 ________ _
If property is unoccupied, give proposed use Mixed Use Residential
If property is being developed as a subdivision, give subdivision name
Fairhope Farms, A Planned Unit Development
Number of lots within proposed subdivision 375 Units ---------------
I, , \M,fl..V!e.---6~ a Notary Public in and for said State and County, hereby
certify that E ClC-~£SOvt 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 th is Petition on this day same bears date .
Gi\·en under my Hand and Seal this :2.ls+ day of ~ , 20~
!Seal) (~~
N~
My commission expires O~l I /J-l)d-c/
(Seal)
,: _.::;~:/\ t.l~NIFER EVANS SANFORD J
, •: •·· : •, My Comr'ission Expires
\\.':"".·,_·,,.·~.•.·.:'./ July 29, 2023 My commission expires ------t::;:=:==:;::;::::;;;..;;::;;.;iiiiiiiiiiu;;;;;.;'"iiiiiiiiiiii ........ ..11
I, ______________ a Notary Public in and for said State and County, hereby
certify that ____________ whose name(s) is/are signed to the forgo ing
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)
Notary Public
My commission expires ________ _
Backroom : Users :mray : Library :Mall : POP-
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City of Fairhope
City Council
September 13, 2021
Planning Commission unanimously (9 Ayes-0 Nays ) voted to recommend approval of ZC 21.10
ZC 21.10 -Harvest Green
Project Name:
Harvest Green
Site Data:
193 .03 acres
Project Type:
Conditional Annexation to Planned Unit
Development
Jurisdiction:
Fairhope Plann i ngJurisdiction
Zoning District:
Baldwin County RA
PPIN Number:
17737, 17735, and 77776
General Location:
East and west of HWY 181 near the
Waters Subdivision
Surveyor of Record:
Engineer of Record:
S.E. Civ i l, LLC
Owner I Developer:
Silverh i ll Enterprises , LLC
School District:
Fairhope East Elementary, Middle and
High Schools
Recommendation:
Approved w/ Conditions
Prepared by:
Hunter Simmons
n'l ...
0
PUD • Plllnn11d Unit O.ve~nt
R-1 • Low Censky Single-F1 nily
COF Pt1nning J uritdclion
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~1acivil qj ., Engineering ,& Surveying
QWJ;ffl
Sil VERHILL ENTERPRISES
112 BAY CIRCLE DRIVE
HOLLAND, Ml 49424
(Parce106-4&-01-02-0-000-001 .5081s
leaseClftomhlrhopeSlngllTax)
== TERRACORE DEVELOPMENT
SERVICES, LLC
29891 WOODROW LANE , SUITE 300
SPANISH FORT Al 36527
Summary-West
TotalAcret 8217ACt
Useao1e Uplands 77 8 ACt
100'x150' 42
82"x143' 50
56'x1'0' 56
Total Lots 148
S~ts 7,892 LF
Req'dGreenspaoe 15%{12 4 2At)
Prov!Ced 24 9% (195"Ac)
ll-
Typical Lot
Typical Lor
Typical Loe
SITE DATA
TOTAL AREA: 193.03 AC
CURRENT ZON ING: RA (County)
PROPOSED ZONING P.U.D
MAX BLOG HEIGHT· 30 FT
MAX BLDG HEIGHT (100a): 35 FT
MAX COVERAGE
(PRINC IPAL STRUCT) 40% (1M1&t11e)
MINIMUM HOUSE · 1,600 SF
LIN FT. STREETS 19,612 LF
TOTAL LOTS: 375
DENSITY: 1.93 f AC .
MINIMUM LOT: 7,200SF
SMALLEST LOT : 7 .200 SF
LARGEST SF LOT 17,800 SF
AVG LOT. 8,997 SF
COMMON AREAS: 92.49 AC (48%)
REO'O GREENSPACE : 28.96 AC (15%)
PROVIDED . 49 93 AC (25 87%)
LAND USE PERCENTAGES
Single Fam. Lots 77.46 Ac 40%
ROWs 23.08 Ac 12%
Wedands 6 .57 Ac 3.5%
Ponds 10.55 Ac 5.5%
Greenspace 49.93 Ac 26%
Other Open Space 25.44 Ac 13%
TOT AL 193.03 Ac 100%
VTl l lTY PROYJDEBS
WATER SERVICE : CITY OF FAIRHOPE
SEWER SERVICE : CITY OF FAIRHOPE (West)
BCSS (Easl)
ELECTRIC SERVICE: RIVIERA UTILITIES
TELEPHONE SERVICE AT&T
Harvest Green
A Planned Unit Development
REQUIRED SETBACKS & COVERAGES ·
Greenspace Summary
T01&ISiteArea 193 03Ac
(-) RN./. Ponds. Wetlands -44 81 Ac
Arealor GS Calculation 148 22Ac.
375lo15/15283Ac
Greeospace Req'd
2 53/Ac
15%(2896Ac)
Green.space Open 39 38 Ac
Grnengpaca (lake) (30%) 10 55 Ac
Total Greenspace 49 93 Ac (25 87%)
l "•l MllE
P.U.D. NOTES:
1. See Attached Boundary Survey f0<
legal Description {Sht 2 of 4 ).
2. AN proposed ROWs to be Public and a
m,mmum of 50 feet ll width
3 Al sidewalks shown shall be a
minimum of 5 feet in Wldlh and subject
to Fairhope Requirements regarding
AO.A. ComP,iance.
4 . Lot numbenng shown ts fOI' deptebng
counts fa< different lot Slles. Actual
Lot Numbering will be sequential at
Preliminary Plal
N
PARCEL NUMBERS:
05-46-02-03--0-00()..001 .000
05-46-01-02-0-000--002.000
OS-46-01·02-0·000-001.508 (FST)
Summary -East
Total Acres 11026/v;;J;.
Useable Uplands 1081 Ac •/-
15·x 1•0· 105
62'xuo· 55
52'x 140' 67
Total Lots 227
Streets 11 .72011
ReQ'd Greenspaoe 15%(1654Ae)
Provided 276% (30 39Ac.)
Typical Lor
Typical Lor
MASTER PLAN
SHT 1 OF 4