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Home My WebLink AboutO-1772ORDINANCE NO. 1772 AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE , ALABAMA as follows : 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 described below: After the appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation, The property of FST and Encounter Development LLC, is generally located at the northeast comer of State Highway 181 and State Highway 104. PPIN # 77558 Legal Description: (Case number ZC 23 .01) Commence at the Northeast comer of the SW 1/4 of the SWl/4 of Section 2 , Township 6 South, Range 2 East, Saint Stephens Meridian for a POINT OF BEGINNING; thence run W , along the North line of the SW 1/4 of the SW 1/4 of said Section 2 for 1,198 feet , more or less , to a point on the East Right of Way of Alabama Highway 181; thence . run S 00 °17'55" West for 621.75 feet; thence continuing along said Right ofWay, run S 44°42'28" E for 42.43 feet ; thence continuing along said Right of Way, run S 00 °17'32" W for 23.71 feet to a point on the North line of a parcel leased to Colony Fence Company; thence run N 89 °52' E , along Colony Fence parcel , for 149.02 feet , more or less ; thence run S 02 °04' E , continuing along Colony Fence parcel , for 181.09 feet; thence continuing along Colony Fence parcel run S 89 °52' W for 185.91 feet , more or less , to a point on the East right of way of said Alabama Highway 181 ; thence run along said right of way S 00 °17'32" W , for 380.07 feet ; thence continuing along said right of way run S 43 °51 '20" E for 71.63 feet to a point on the N right of way of Alabama Highway No. 104 ; thence run E , along the N right of way of Alabama Highway 104, for 1,173 feet , more or less; thence run N along the E line of the SWl/4 of the SWl/4 of said Section 2 for 1,292 feet , more or less to the P .O.B. Tract lies in Section 2 , T6S , R2E , Baldwin County, Alabama, lands of the Fairhope Single Tax Corporation. A map of the property to be rezoned is attached as Exhibit A. The property is hereby initially zoned B-2, General Business District, 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 . 1772 Page -2- 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 22nd day of March, 2023 Attest: B ~~ City Clerk Adopted and approved this 22nd day of March, 2023 STATE OF ALABAMA COUNTY OF BALDWIN R evised 06/2006 CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 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 witho ut the Corporate Limits of the City of Fairhope, Alabama, but b ei ng contiguous to the said Corporate Limit s; and such property not lying within the corporate limits or police jurisdi ction of any other municipali ty, do , by these presents, hereby petition the City of Fairhope, a municipal corporation , that sai d property be ann exed into the City of Fairho pe, 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 , Co de of Alabama, 1975 , as amen ded. This petition is for R-1 Zoning The condition of the Petition is that zoning be established as B -~ Concurrent with Annexation. (Zoning Reques t) Is this proper colon y property ✓ Yes ___ No. If this property is colony Fairhope Single Tax Office must sign as a petitioner . Print petitioner 's name , rs 1<!, Rwbevt {;wi,l~JI[-~ Print petitioner's name r Signature of P etitioner Print petitioner 's name Physical Address of property b ~-r~e~ __._H~,~-+-~-'-'N'4J~1_.....} _,._~_/ __ ).--=-.)._---'J'--()---=() __ Petitioner's Current Phys(c al Address : Petitioner 's C~ent M~ling Address : \ \ q., ~ ~c~ P-. ~~ \\---', \.____,_'&..__~"-----...1....~ o-=---S\"--'---'~L--""-=---aj--=------~~ ~~\ ~ I CT ~{,~'\ TV-,\k,~\s) u O{ µ~ Telephone Number(s): (~ '{)3) ~ 4 t -a-=t-~ Home Work Co unty Tax Parcel Number: OS'=1{6 -OJ -OJ.. -o --OOo-oo l, 569 · r 1rv : w-s~ Backroom:Users :mray :Library:Mail :POP- ; .... .f,...01~h .,.....,.,,r1,... .... r,r,/nln+.£Q '7h.C::Q ri,:,,t•ll\.!Jl{)V m h l"\v•h'U J:'nr-1"nC' f'l"\r th,:,, n 1,:,, m;,..,..,.')tt'llr,h•D.af>it;nn -f'nr """""v ,-1,-,.r, (' Revised 06 /2006 U.S JUSTICE DEPARTMENT INFORMATION Size of property ( acres or square feet)_-1-1-._-'-'X__,___/_. _/_~....,.....C.+--"'-.----- If property is occupied, give number of housing units __ N _ _,___.........., _____ _ Number of Persons residing in each unit , and their race __ _,_~___,,-/4~------ If property is unoccupied, give proposed use _ ____,/r~e;_1~ct,_,_._·( _______ _ If property is being developed as a subdivision, give subdivision name ulA I Number of lots within proposed sub di vision _____________ _ I, S'a.J;htL bt.evni~01r a Notary Public in and for said State and County, hereby certify that K-e n b e.~ IJ:ia,_ whose nam e (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 , a cJ..nowledge that he /she/they have voluntarily executed this Petition on this day same bears date . Given under my Hand and Seal this f 3 day of Oc....,--lvb,,..-, 20 2-2-., (S eal) .~ SASHA L. HE MIN GWAY Notary Publi c l •;.;;;,;;'i\~t Nol ary P ub lic , State of Co nne cti cut / "{\,:~:.;} My Com mission Expires: My commis s ion expires '5" 3/ /Lu 2..'=, ~°"cwi..~/ s-[3hoL-t, ~ ..... n ... '"'" ~ I~ "E..:=~~~-"'r-"-"-=-=--=,,~"--"-'~"===:::.:a Notary Public in and for said State and County, hereby certify that ..!!.!1,§,A~~~!Ull~Xlt~.!.J.L_ who se name(s) is /are signed to the forgoing Petition and who is/are known to me , thi s da y appeared before me and , being first duly sworn, acknowledge that he /she/they have voluntarily executed this Petition on this day same bears date . 'J ,.., Given under my Hand and Seal this ~;:s:::--~ ~~::.W~~~ 20 ~~ ...., . C eal~ / .~··'··~ .. \ JENNIFER EVANS SANFORD h Z h My Commission Expires My commission expires \,t.~~f:./ July 29 , 2023 ---""'tiiiiiiiaiiiiiiuiiij;ijiiijiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii.iil l , ______________ a Notary Public in and for said State and County, hereby certify that _____________ w hose name(s) is/are signed to the forgoing Petition and who is /are known to me , thi s 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:Mail :POP- 1 ..... f',...01_h .a ...-.rl ..... n ,..,../n\,....-fH2TC .c;:Q r11:>o t •Jl\.T'QflY rnhnv•i:;'\U J;,...rrv-,(' f'n .-t i-..,. n ,.,. "";''"""''l tt'll,-.h•Oo,f-iti n ..... .fr,..-"'"""'"'v .-lnr- -r Legend Roads Parce ls Corporate units ZOfll ~ ClallllC.acin :8 -.2 -Genera l Business Districl PlJO -Plann~ Unit Development R-1 -Lorr Density Sflgle-F.wm PlaM ·ng risd iction \.. ' .I "' r ~ Exhibit A: The Property of FST and Encounter Development LLC Conditional Annexation to B-2 (ZC 23.0 1) ,,,, .... F STATE HWY 18' \ " ~ \ Subject Property I ~ ~ W.E s .... ..