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Home My WebLink AboutO-1713BAL DWIN COUNT Y, ALA BAMA -.. HARR Y D'OLI VE , JR. PROBATE JUDGE <--=» Fil ed /cert . 7/1 3/2021 4:06 PM r-,.,.::. TOT AL S 40 .00 c:::>c::. 10 Page s c..TII -- ORDINANCE NO. 1713 AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOW AS THE ZONING ORDINANCE B E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFF AIRHOPE, ALABAMA as follow s: 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 de scribed below: After the appropriate public notic e and hearing of the Planning Commission of the C ity of Fairhope, Alabama has forwarded a favorable recommendation, The property of Roberta U. Harris ; Stephen J. Urbanek, II ; and Margaret U . Dunnam generally located southeast comer of the intersection of County Road 48 and Blueberry Lane, Fairhope, Alabama. Overland PUD PPIN # 43640 Legal Description: (Case number ZC 21.01) COMMENCE AT A RAILROAD SPIKE AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14 , TOWNSHIP 6 SOUTH RANGE 2 EAST, BALDWIN COUNTY, ALABAMA, AND RUN THENCE SOUTH 00 DEGREES 20 MINUTES 38 SECONDS WEST, A DISTANCE OF 40.00 FEET TO A CAPPED REBAR (FAIRHOPE) ON THE SOUTH RIGHT-OF-WAY OF FAIRHOPE AVENUE , SAID POINT ALSO BEING THE NORTHEAST CORNER OF RIVER MILL UNIT l , AS SHOWN BY MAP OR PLAT THEREOF RECORDED AT SLIDE 1541-B , BALDWIN COUNTY PROBATE RECORDS , FOR THE POINT OF BEGINNING ; CONTINUE THENCE SOUTH 00 DEGREES 20 MINUTES 3 8 SECONDS WEST, ALONG THE W E ST LINE OF SAID RIV ER MIL UNIT 1, A DISTANCE OF 532 .55 FEET TO A CAPPED REBAR (MOORE); THE NCE RUN SOUTH 00 DEGREES 22 MINUTES 09 SECONDS WEST , CONTINUING ALONG SAID WEST LINE OF RIVER MILL , A DISTANCE OF 751 .65 FEET TO A CAPPED REBAR (FAIRHOPE); THENCE RUN SOUTH 89 DEGREES 43 MINUTES 52 SECONDS EAST, A DISTANCE OF 1041.41 FEET TO A CAPPED REBAR (FAIRHOPE); THENCE RUN NORTH 00 DEGREES 19 MINUTES 01 SE CONDS EAST, A DISTANCE OF 1285.40 F EET TO A CAPPED REBAR (FAIRHOPE) ON THE AFOREMENTIONED SOUTH RIGHT-OF-WAY OF FAIRHOPE AVENUE; THENCE RUN NORTH 89 DEGREES 47 MINUTES 51 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF-WAY , A DISTANCE OF 1040.47 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 30.70 ACRES , MORE OR LESS . 1. That, attached a s "Exhibit A" is an approved site plan . The property must develop in substantial conformance with the approv ed 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, Alab ama , as a PUD amendment. 2. That, attached as "Exhibit B" is an a ppro ved Master Development Plan (MOP). The property must develop in substantial conformance with the appro ved MOP . Any substantial deviation from the attached MOP , as determined by the Director of Planning, will require re-approval by the Planning Commission and the City Council of the City of F airhope, Alabama, a s a PUD amendment. ,o Ordinance No. 1713 Page -2- 3. That, the following development regulations shall go v ern: Overall Development: Lots: There shall be 62 lots total. Use: In general , the project is restricted for residential use . The uses are specifically described within the Site Plan and Master Development Plan that include: 61 Single Family Residential Lots 1 Multifamily Lot consisting of a maximum of 4 quadplexes Dimension Standards : Dimensional standards shall follow the layout on the approved site plan. Density: 2 .51 UPA . Sidewalks and Street Trees: All sidewalks and street trees shall be installed prior to submission of Final Plat Approval, including sidewalks along Fairhope Avenue. 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 61 single family residential lots. Use: Lots shall be single family residential. Setbacks : Front -25 ', Rear -25 ', Side -5 ', and Street Side -20'. Principle Structure Lot Coverage: Shall not exceed 45 % of the total lot. Building Height: Maximum building height shall not exceed 30 '. Lot Size : Minimum lot size shall be 6,500 square feet. Multi-Family Residential Development: Lots: There shall be 1 multi-family residential lot. Use: Lot shall be multi-family residential with a maximum of 16 townhome units located in 4 quadplexes . Setbacks : As shown on site plan. Building Height: Maximum building height shall not exceed 35 '. 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 of Fairhope and that any structure be erected only in compliance with such laws , including the requirements of Ordinance No . 1253. - Ordinance No. 1713 Page -3- 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 28th day of June, 2021 . Attest: By~m~ City Clerk \ .. \' ~-~~-!::. ' ~-- l \ S? :,,' FLCX>OSTATEMEITT PRQPCRTY UES IN f\.000 lON( ·x·. "X-StlAOED", 0 A(0 AH() A f\.CXIO WA Y AS SCALED FROM f\.000 INSURAHCC IIA TE 111 .v> NUM8ER 0100JC0664M, COMMUNI TY NUMBCR 0 15000, PAHU 0664, S\.-'T!k "1,1", DATED .t.Pltl,.19 ,2019 L_ __ l __ j : __ u _ .. ] : 14 : '-------' ; __ is __ ! -------- OVERLAND A PLANNED UNIT DEVELOPMENT OWNER ROBERTA U. HARRIS, STEPHEN JOHN URBANEK II , AND MARGARET URBANEK DUNNAM 10824 U.S . f-M/Y 98 FAIRHOPE Al 36532 DEVELOPER 68V PAYDIRT, LLC 29891 WOODROW LANE , SUITE 300 SPANISH FORT AL 36527 PARCEL NO : 05-46-06-14-0-000-002.000 SITE DATA CURRENT ZONING: NONE PROPOSED ZONING: P.U.0 MAX BLOG HEIGHT (SF): 30 FT MAX BLOG HEIGHT (THs): 35 n MAX COVERAGE: {PRINCIPAL STRUCT) 45% MINIMUM HOUSE: 1,600SF UN. FT. STREETS· 3.468 LF S.F. LOTS: 61 M.F. UNITS: 16 TOTAL UNITS· 77 DENSITY: 2.51 / AC. MINIMUM LOT: 6 ,500 SF SMALLEST LOT: 6,500 SF LARGEST SF LOT: 11 ,338SF AVG LOT· 7,087 SF LARGEST LOT: 2.42 AC (T.H PARCEL) COMMON AREAS· 14.89 AC (4~) TOTAL AREA: 30 70 AC SF REQUIRED SETBACKS FRONT· 25 FEET REAR 25 FEET SIDE · 5 FEET SIDE STREET: 20 FEET WATER SERVICE: CITY OF FAIRHOPE SEvVER SERVICE· CITY OF FAIRHOPE ELECTRIC SERVICE· BAlD\NIN EMC TELEPHONE SERVICE· AT&T SO' ,~"!..Sl7 I I I I I I ~ ! ~:er:! I I I I Lis·isl.J TYPICAL LOT zc 21.01 Exhibit A : Site Plan VICINITY MAP l "•I MILI LAND USE PERCENTAGES Single Fam. (Residential) 13.55 Ac 44% Townhome (Residential) 0.85Ac 3% Wetlands 5.16Ac 17% Ponds 1.5Ac 5% Upland Open Space 8.57 Ac 28% Buffers 1.07 Ac 3% TOT AL 30.7 Acres 100% GREEN SPACE DENSITY CALCULATION 30.70 TOTAL GROSS ACRES -11.19 R.O.W., DETENTION & WETLANDS 19.Sf ACRES 77/19.51 = 3.94 UNITS PER ACRE (G .S. DENSITY) 15% REQUIRED (4 .61 AC) QUALIFYING GREEN SPACE CALCULATION 8 .57 UPLAND AREAS 0 45 30% OF PON PS 9 .02 TOTAL ACRES (29.4% OF TOTAL SITE ) SURVEYOR'S CERTIFICATE ! HER[BY ST ATC IM AT All PARTS or IMIS SURVEY ANO llfU,WING HA\I( BEEN C(lt,H•u:re:o IN ACCOROA.NC( WI IM THE CURR(NT REOUIRElrilENTS or THE SU,NOAAOS or PR ACna: rc>R SURll'El'INC IN THE STATE or ALAB AM A TO THE BEST or .. ,. l<NOWU:OC£. INrOR"'-'TICIN. ANO BELIEF. COM "'ENCC AT A RAUIOAO SPIKE Ar IME NORIM WE ST CORNEIi or IME NORIM \IIIE ST QU.tJIT[R or IME SOUTHE AST QUARTER Of SECTION 1•. TOWN SHIP & SOUIM R"-NOE 2 EAST, BALDWIN COUHfY. ALABAMA.. -'NO RUN IMENC{ SOUIM 00 OE:CA:EES 20 lril iNUTES JI! SECCINOS WE:ST. A OIST AN C:C or 40.00 rEET TO A CN'PED REB .t.11 (rAIRHOPC) C1N n+E SOUIM RICHT -Of"-WAY or rA)Rt-lOP[ -'ll'ENUE. SAID PONT ALSO BE:tNC THE NORTHE AST CORNER or RI\IER lrillll UNIT 1. AS SHO"IJIN SY M,J> OR PL AT THEREor R[COROEIJ AT SLa: 1541 -9. 9AlD"MN COUHfY PROB ATE R(COROS. [SI! TM[ P91NI Of ~ CQNTNJC THENCC SOUIM 00 DECREES 20 MI NUTES JI!! SECONDS WEST. ALONG THE lll(Sf LINC or SAO Rlll'ER Mil UNIT 1, A OIS T.l,NCC or "2.~ F"((T TO A CAPP£[) REBAR (MOORE): THE.NCE RUN SOUIM 00 DE CRCES 22 .. INUTES 09 SECONOS WE ST, CONTI NUING ALONC SAID Yl[ST LIN£ or Rl ll'ER Mill. A O!SfANC( OF 751 155 r (ET TO A CAPPED REB AR {F AIRHOPE); IM(.NCE RI.IN SOUIM 159 DCCRECS •J t,0 NUTES 52 SECONDS EAST, A DIST ANCE or 10'1.'1 Fl:ET TO • CAPPCO REBAR (rAIRlioPC); THENC{ RUN NOR IM 00 OECRCCS 19 MlM..ll"ES 01 SECONDS CA ST, A OIST-'NCC or 12155 4() Fl:ET TO A CAPPED R(BAR (rAIRHOPE) ON THE AFOREMENT10NCO SOUIM RIGHT-or-WAY or rAIRl-iOP[ A~UC ; IM[NCC RUN NORIM 159 OECRCES ,7 "'JNUTES 51 SECONOS WEST. ALOf+C SAi'.) SOUIM RICI-H -OF-WAY. A OISTANCC OF lCM0,47 F"EET TO IMC POINT or EIECINN NC. TRACT CQNU.INS JO 70 ACRES. MORE OR LCSS o~~fJ.H0 -2tt;1,:~---- SURVEY NOT VAUO WI IMOUT ORICINAL SICN ATURE ANO SEAL Revised 06/2006 CITY OF FAIRHOPE 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 lyin g within the corporate limits or police jurisdiction of any other municipality, do , by these presents, hereb y petition the City of Fairhope, a municipal corporation , that said property be annexed into the City of Fairhope, Alabama. The subj ect land is delineated on the map attached hereto as EXHIBIT B. Thi s 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 property the Fairhope Single Tax Office must sign as a petitioner. 't7~fle'g;}~ Signature of Petitioner Jti;JL ~ U/;_JtL Signature o etitioner ~ ?kei(JCJ!~ d)~ Signa clPetitioner /GtJ;e;~e.[''9 a , /IA#~ 1..f' Print petitioner 's name s L Q...I ~, t,c :fo 4 "'-u. .,, 6~ 4\. 'C!.. I<.. :IL Print petitioner's name f{\(), S'~<:\ N<± )Afbsx-~y0J{, h u,1t1n ~ Print pe~ ioner's name Physical Address of property being annexed : _C_o_R_d_4_8 __________ _ Petitioner's Current Physical Address : Petitioner's Current Mailing Address : fl) s.a v M-5 hwy 9P Mi~llc:f'E: .. A 1.. __ ~S~ll.~'/7£~~-------z b-..(Jv ~13: _wc.v '"J w:,a.,,tv' s:c, 5:,,-;t~6.S°-~-~--S.~a..~~~~-~--------- .!~ (~\A~-~f J ~;ebp,1 fiL134 _~., :!=~-.=-c==:=ac-. -=S:,...__..M~Q.,_, ---'---'--~--=~;.;--,-. Telephone Number(s): _____________________ _ Home Work County Tax Parcel Number: 05-46-06-14-0-000-002.000 Backroom :Users:mray:Library:Mail :POP- ;..,.r"o1..h .,....,A.n.n ,..,..tn)..,.H_Q7P<O ...,,.,.t-O-.mnv m'hn v -~\l/ ··-· , .. "· "" -·--··•'· 0 ~• .. , ..... _ ,_ NOV I I 1010 i BY:-~---------- Revised 06/2006 U.S JUSTICE DEPARTMENT INFORMATION Size of property (acres or square feet) __ 3_0_.7_A_c_re_s _________ _ If property is occupied, gi ve number of housing units_V_a_c_a_n_t ______ _ Number of Persons residing in each unit, and their race __ O _______ _ If property is unoccupied, give proposed use Mixed Use Residential If property is being developed as a subdivision, give subdivision name Overland , A Planned Unit Development Number oflots within proposed subdivision _7_8_U_n_it_s _________ _ I, Q_19,c<n"~ \......,\\,a.uOo ,A. , a Notary Public in and for said State and County, hereby certify that 3¼~,.cl ~ u,. \.\ ew.-,,. , whose name(s) is/are signed to the forgoing Petition and who is/are known to me, this d ay appeared before me and, being fast duly sw orn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date . Given under my Hand and Seal this ;. '1~ay of ~(" , 20 ·~ (Seal) CORINNA L. HALLFORD Notary Public Alabama State at Large ,... __________ ~ commis sion expires bW,\?-.\ ?.o~LJ I, Co.;\V\O'e L. \\,a.I, \~rd a Notary Public in and for said State and County, hereby certify that 5t--e.~h.oj/) ,xhn \J,.""'o~c..k1L whose name(s) i s/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 'A ()4"-day of De£&«: , 20._QQ_, ( eal) CORINNA L. HALLFORD Notary Public Alabama State at Large c~ ~k\a"Q~ N otary Publi c My commission expires O lP ( 1)-.l 'd-0 c3.l.{ I . Cot\ 'on·i) l.. \.\ a\.Wcc:d a Notary Public in and for said State and County, hereby certify that ~'.f!.ec,c..+ U..,. p &a~ ~~~"'~hose name( s) i s/are signed to the fo rgoing Petition and who ts/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 . ,.....,.6.ill~lillila~~ilili,~Seal this ~ C)V'-aay of (Q~ 20 __ , ( CORINNA L. HALLFORD Notary Public Alabama State at Large Backroom: Users:mray:Library:Mail:POP- ~~ bt.d Notary Public ~ My commission expires OL, l \J..\ J.o ~Lf STATE OF ALABAMA COUNTY OF BALDWIN Exhibit AA 30.70 Ac. TRUSTEE'S DEED BALDWIN COONTY , ALABAMA TIM RUSSELL PROBATE JUDGE Fild/cert . 3/19/2814 2:21 PM TOTAL S 16.00 3 Pages KNOW ALL MEN BY THESE PRESENTS: That ROBERTA U. HARRIS, as Trustee of the Robert C. Urbanek Revocable Trust Dated June 20, 2011, and pursuant to the terms of said trust, hereinafter referred to as Grantor, hereby GRANTS, BARGAINS, SELLS and CONVEYS unto ROBERTA U. HARRIS, STEPHEN JOHN URBANEK, II and MARGARET URBANEK DUNNAM, hereinafter referred to as Grantees, as tenants in common, their heirs and assigns, subject to any matters set out below, the following described real estate situated in Baldwin County, Alabama, viz: The Northwest Quarter of the Southeast Quarter of Section 14, Township 6 South, Range 2 East, Baldwin County, Alabama, containing forty (40) acres, more or less, EXCEPTING THEREFROM, nine (9) acres, more or less, previously conveyed to Wesley Grant. Together with, all and singular, the rights, benefits, privileges, improvements, tenements, hereditaments and appurtenances unto the same belonging or in any wise appertaining. TO HA VE AND TO HOLD unto the said Grantees as tenants in common, their heirs and assigns, in fee simple, FOREVER. And, except for any matters set forth above and taxes hereafter falling due, the Grantor, for herself and her successors and assigns, hereby covenants and warrants with and unto the Grantees, their heirs and assigns, that said trust is seized of an indefeasible estate in fee simple in and to all of the property hereinabove conveyed; that the same is free from all liens and encumbrances; that she, as Trustee, has a good right to convey the same as herein conveyed; that she, as Trustee, will guarantee the peaceable possession thereof and she, as Trustee, and her successors and assigns shall forever warrant and defend the same unto the Grantees, their heirs and assigns, against the j / lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal on this the /✓ dayof~ ,2014. STATE OF ALABAMA COUNTY OF BALDWIN ~a-~· ROBERTA U. HARRIS, as Trustee of the Robert C. Urbanek Revocable Trust Dated June 20, 2011. I, the undersigned, a Notary Public, in and for said County in said State, hereby certify that ROBERTA U. HARRIS, as Trustee of the Robert C. Urbanek Revocable Trust Dated June 20, 2011, whose name is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, she executed the same voluntarily on the day the same bears date. Given under my hand and seal · /% ~day of vJ? Jt,,-c~ , 2014. PROPERTY ADDRESS: GRANTOR'S ADDRESS: 10824 U.S. Highway 98 Fairhope, Alabama 36532 GRANTEES' ADDRESS: c/o Roberta U. Harris t 0824 U. S . Highway 98 Fairhope, Alabama 36532 .. _/ 1,1/. .· . J/u-... c... LC\./ ,,e; ~ ,:t.,Z<e.-, '-->-- Notary Public, Baldwin County, Alabama · My Com.mission Expires: , / / '7 / 1 4: I > THIS DOCUMENT WAS PREPARED BY: SAMUEL N. CROSBY of STONE, GRANADE & CROSBY, P.C. Attorneys at Law 8820 U.S . Highway 90 Daphne, Alabama 36526 (251) 626-6696 SNC/br 00288546. WPD PUD R-2