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HomeMy WebLinkAboutO-557 (2)ORDINANCE No. Proposed Ordinance AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO REZONE PROPERTY.IN ACCORDANCE WITH APPLICABLE STATE REQUIREMENTS lop The ordinance known as the Zoning Ordinance (No. 5n), adopted 11 August 1975, together with the Zoning Map of the City of Fairhope, Alabama be and the same hereby is changes and altered in respect to the certain property described below: WHEREAS, the City of Fairhope has received a request for a change in zoning district boundaries from Mr. S. Stark Irvine; and, WHEREAS, A portion Mr. Irvine's property is currently zoned Bel -Professional Office; and, WHEREAS, Mr. Irvine seeks to change this zoning to 132- General Business; and, WHEREAS, after appropriate public notice and hearing, the Planning and Zoning Commission of the City of Fairhope, Alabama, has forwarded a recommendation to the City Council for amendment of Ordinance No. 557 and the Official Zoning Map by rezoning certain property as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1. That, The property located at the corner of Prospect Street and US Hwy 98 (Greeno Road) Case Number ZC 99-17 shall be Re -zoned from B4- Professional Office to 132-General Business; 2. That, the property being rezoned is described as follows: Lots 14 and 15, Block 9 Ingleside Heights Addition recorded in Map Book 1 Page 72 of the Probate Records of Baldwin County, Alabama, 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon its due adoption and publication as required by law. END OF PROPOSED ORDINANCE PUBLISH ONCE, LEGALS, IN COURIER ONLY, ON (4/ PLEASE PUBLISH THIS SHEET FOLLOWED BY THE SYNOPSIS OF THE PROPOSED ORDINANCE. UNLESS OTHERWISE EXPRESSED. SECOND NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THE SECOND TIME THAT THE FAIRHOPE CITY COUNCIL WILL HOLD A PUBLIC HEARING ON A PROPOSED ORDINANCE AMENDING ZONING ORDINANCE No. 557; ON AT 5:30 P.M.; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 1 6 1 NORTH SECTION STREET; FAIRHOPE, AL 36532. ALL PERSONS WHO DESIRE SHALL HAVE AN OPPORTUNITY TO BE HEARD IN FAVOR OF, OR IN OPPOSITION TO, THIS PROPOSED ORDINANCE AND ARE CORDIALLY INVITED TO BE PRESENT. SYNOPSIS OF PROPOSED ORDINANCE TO BE CONSIDERED; ORDINANCE PRINTED IN FULL IN SEPTEMBER 1 8, 1 999 ISSUE OF THE FAIRHOPE COURIER: ORDINANCE IS TO MR S. STARK IRVINE PROPERTY FROM B4-PROFESSIONAL OFFICE TO 132-GENERAL BUSINESS MR. S. STARK IRVINE PAGE -2- Property Legal Description: Lots 14 and 15, Block 9 Ingleside Heights Addition recorded in May Book 1 Page 72 of the Probate Records of Baldwin County, Alabama. AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: 0 The Baldwin Times, Bay Miriette, AL ❑ The Bulletin, Daphne, AL ❑ The Fairhope Courier, Fairhope, AL ❑ The Independent, Robertsdale, AL 0 The Onlooker, Foley, AL 0 The Islander, Gulf Shores, AL a weekly newspaper published in Baldwin County, Alabama Weekend Edition Includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: wordsrnches x rate to --ICe __u6 X •I(-P TOTAL: $ J '�) L 1O Legal Ad Representative Linda Robinson BILL TO: ATTN: P.OJFile Number FOR OFFICE USE ONLY Paid ...................... Unpaid..: ......... Account No. b 000t Cp Gulf C Newspapers P.O. Box 509 Robertsdale, AL 36567 e Phone (334) 947-7712 Z?Y�TVXS � o3 State of Alabama County of Baldwin Sworn to and subscribed before me this AD - day of 19_ -6�1 q , Notar�rPublic, Baldwin County, -Alabama DINANCE NO. 1955� t Alabama. AN ORDINANCE AMENDING, Ala ORDINANCE NO. 557 ,' KNOWN AS THE ZONING, SEVERABILITY CLAUSE. that It Id hereby ORDINANCE TO REZONE j declared to be the Intention of the City Council that the y PROPERTY IN ACCOR- DANCE WITH APPLICABLE section, paragraphs, sen- ' STATE REQUIREMENTS fences, clauses, and phrases The ordinance known as the Zoning Ordinance (No. of this ordinance are sever -• able, and if any phrase, sentence, paragraph, I I557), adopted 11 August 1975, together with the clause, or section of this ordinance Zoning Map of the city of shall be declared invalid or Fairhope, Alabama be and the same hereby Is changed unconstitutional by the valid judgment or decree of any j and altered In respect to the court of competent jurisdic- certain property described tion, such invalidity or below: unconstitutionally shall not WHEREAS, the City of affect any of the remaining j Fairhope has received a for a change In zon- phrases, clauses, sentences, paragraphs, or sections of j request ing district boundaries from Mr. S. Stark Irvine; and, this ordinance, since the same would have enacted by WHEREAS, A portion of the City Council without the Mr. Irvine's property Is cur- incorporation in this ordi- rently zoned 84-Professional nance of any such Invalid or I Office; and, WHEREAS, Mr. Irvine unconstitutional phrase, clause, sentence, paragraph, seeks to change this zoning I to B2-General Business; or section. 4. EFFECTIVE DATE. This and, ordinance shall take effect I WHEREAS, after appro- priate public notice and immediately upon its due adoption and publication as hearing, the Planning and Zoning Commission of the required by law. APPROVED this 11th day City of Falrhope, Alabama, of October, 1999. James P. Nix, Mayor has forwarded a recommen- j dation to the City Council for ATTEST: amendment of Ordinance Genlece W. Johnson, No. 557 and the Official city Clerk C-10-16 Zoning Map by rezoning cer- tain property as set forth j - herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1. That, the property located at the corner of Prospect Street and US Hwy. 98 (Greeno Road) Case Number ZC 99-17 shall be t rezoned from B4- i Professional Office to B2- General Business; That, the property being I rezoned is described as fol- lows: Lots 14 and 15, Block 9 Ingleside Heights Addition i recorded In Map Bdok 1 1 1 Page 72 of the Probate I Records of Baldwin County, I