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Home My WebLink AboutO-1022ORDINANCE NO. 1022 AN ORDINANCE AMENDING ORDINANCE NO. 557 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. 557), ADOPTED AUGUST 1975, 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: PROPERTY OF DENNIS BYRNE AND CHARLES INGERSOLL LOCATED AT 1 9690 GREENO ROAD, MORE PROPERTY DESCRIBED: COMMENCE AT A CRIMP TOP IRON PIPE MARKER AT THE NORTHWEST CORNER OF LOT NUMBER 20 OF GREENO PARK AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN MAP BOOK 10, AT PAGE 1 27, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA, FOR A POINT OF BEGINNING; THENCE RUN NORTH 89 4 1' 40" EAST, 399.9 FEET TO AN IRON PIN MARKER AT THE NORTHEAST CORNER OF SAID LOT NUMBER 20; THENCE RUN NORTH 00 06' 5 1 " EAST, ALONG THE WEST BOUNDARY OF LOT NUMBER 17-C AND LOT NUMBER 1 6 OF SAID GREENO PARK, A DISTANCE OF 4 1 6.7 FEET TO A CRIMP TOP IRON PIPE MARKER; THENCE RUN SOUTH 89 43' 5 1 ° WEST, 1 44.5 FEET TO A CRIMP TOP IRON PIPE MARKER; THENCE FUN NORTH 89 53' 54" WEST, ALONG THE SOUTH MARGIN OF A I 15-FOOT X 256-FOOT PARCEL HERETOFORE CONVEYED, A DISTANCE OF 255.9 FEET TO A CRIMP TOP IRON PIPE MARKER ON THE EAST MARGIN OF GREENO ROAD; THENCE RUN SOUTH 00 02' 06" WEST, ALONG THE EAST MARGIN OF SAID GREENO ROAD 4 1 8.60 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 3.87 ACRES, MORE OR LESS, AND LIES IN THE NORTHWEST 1 /4 OF SECTION 2 1 , TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. SUBJECT TO, HOWEVER: RIGHT-OF-WAY CONVEYED BY FRED P. INGERSOLL AND SADIE M. INGERSOLL TO BALDWIN COUNTY DATED MAY 1 3, 1 952 AN RECORDED IN DEED BOOK 196, PAGE 1 55, BALDWIN COUNTY, ALABAMA PROBATE RECORDS. THE CLASSIFICATION OF SAID PROPERTY IS HEREBY CHANGED FROM R-5 HIGH DENSITY MULTIFAMILY TO B-2 GENERAL BUSINESS IT SHALL HEREAFTER BE LAWFUL TO CONSTRUCT ON SUCH PROPERTY ANY STRUCTURES PERMITTED BY ORDINANCE NO. 557 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 SUCH STRUCTURE BE ERECTED ONLY IN COMPLIANCE WITH SUCH LAWS, INCLUDING THE REQUIREMENTS OF ORDINANCE NO. 557. ADOPTED THIS 13TH DAY OF OCTOR R 919 97 Ja s P. Nix, Mayor Attest: Geniece W. Johnson, ty Clerk TO: THE FAIRHOPE COURIER FROM: GENIECE W. JOHNSON, DEPUTY CITY CLERK THE ATTACHED TWO NOTICES ARE TO BE PUBLISHED AS INDICATED AND THE BILL SENT TO: DENNIS BYRNE POST OFFICE BOX 21 8 FAIRHOPE, ALABAMB 36533 THANKS DATE PRESSNOT PUBLISH ONCE, LEGALS, IN COURIER ONLY, ON SATURDAY, 20 SEPTEMBER 1997 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE FAIRHOPE CITY COUNCIL WILL HOLD A PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE AMENDING ZONING ORDINANCE No. 557; ON: 1 3 OCTOBER 1 997 AT 5:30 P.M.; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 16 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. EVELYN P. PHILLIPS, CIVIC ,CITY CLERK PROPOSED ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: THE ORDINANCE KNOWN AS THE ZONING ORDINANCE (NO. 557), ADOPTED i I AUGUST 1 975, 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: PROPERTY OF DENNIS BYRNE AND CHARLES INGERSOLL LOCATED AT 1 9690 GREENO ROAD, MORE PROPERTY DESCRIBED: COMMENCE AT A CRIMP TOP IRON PIPE MARKER AT THE NORTHWEST CORNER OF LOT NUMBER 20 OF GREENO PARK AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN MAP BOOK 10, AT PAGE 1 27, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA, FOR A POINT OF BEGINNING, THENCE RUN NORTH 8904 1 ' 40" EAST, 399.9 FEET TO AN IRON PIN MARKER AT THE NORTHEAST CORNER OF SAID LOT NUMBER 20; THENCE RUN NORTH 00006' 51 11 EAST, ALONG THE WEST BOUNDARY OF LOT NUMBER 17-C AND LOT NUMBER 1 6 OF SAID GREENO PARK, A DISTANCE OF 4 16.7 FEET TO A CRIMP TOP IRON PIPE MARKER; THENCE RUN SOUTH 89°43' 5 1 ° WEST, 1 44.5 FEET TO A CRIMP TOP IRON PIPE MARKER; THENCE FUN NORTH 89053' 54" WEST, ALONG THE SOUTH MARGIN OF A I 15-FOOT X 256-FOOT PARCEL HERETOFORE CONVEYED, A DISTANCE 07255.9 FEET TO A CRIMP TOP IRON PIPE MARKER ON THE EAST MARGIN OF GREENO ROAD; THENCE RUN SOUTH OeO2' 06° WEST, ALONG THE EAST MARGIN OF SAID GREENO ROAD 4 1 8.60 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 3.87 ACRES, MORE OR LESS, AND LIES IN THE NORTHWEST 114 OF SECTION 2 1 , TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. SUBJECT TO, HOWEVER: RIGHT-OF-WAY CONVEYED BY FRED P. INGERSOLL AND SADIE M. INGERSOLL TO BALDWIN COUNTY DATED MAY 1 3, 1 952 AN RECORDED IN DEED BOOK 1 96, PAGE 1 55, BALDWIN COUNTY, ALABAMA PROBATE RECORDS. THE CLASSIFICATION OF SAID PROPERTY IS HEREBY CHANGED FROM R-5 HIGH DENSITY MULTI -FAMILY TO B-2 GENERAL BUSINESS IT SHALL HEREAFTER BE LAWFUL TO CONSTRUCT ON SUCH PROPERTY ANY STRUCTURES PERMITTED BY ORDINANCE NO. 557 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 SUCH STRUCTURE BE ERECTED ONLY IN COMPLIANCE WITH SUCH LAWS, INCLUDING THE REQUIREMENTS OF ORDINANCE No. 557. END OF PROPOSED ORDINANCE PUBLISH ONCE, LEGALS, IN COURIER ONLY, ON SATRUDAY, 27 SEPTEMBER 1997 SECOND NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THE SECOND TIME THAT THE FAIR HOPE CITY COUNCIL WILL HOLD A PUBLIC HEARING ON A PROPOSED ORDINANCE AMENDING ZONING ORDINANCE No. 557; A 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 09/20/97 ISSUE OF THE FAIRHOPE COURIER: ORDINANCE IS TO AMEND ZONING ORDINANCE BY ZONING THE FOLLOWING PROPERTY FROMR-5 HIGH DENSITY MULTI -FAMILY TO B-2 GENERAL BUSINESS PROPERTY OF DENNIS BYRNE AND CHARLES INGERSOLL LOCATED AT 1 9690 GREENO ROAD, MORE PROPERTY DESCRIBED: COMMENCE AT A CRIMP TOP IRON PIPE MARKER AT THE NORTHWEST CORNER OF LOT NUMBER 20 OF GREENO PARK AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN MAP BOOK 10, AT PAGE 1 27, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA, FOR A POINT OF BEGINNING; THENCE RUN NORTH 8904 1' 40" EAST, 399.9 FEET TO AN IRON PIN MARKER AT THE NORTHEAST CORNER OF SAID LOT NUMBER 20; THENCE RUN NORTH 00006' 51 11 EAST, ALONG THE WEST BOUNDARY OF LOT NUMBER 17-C AND LOT NUMBER 1 6 OF SAID GREENO PARK, A DISTANCE OF 4 16.7 FEET TO A CRIMP TOP IRON PIPE MARKER; THENCE RUN SOUTH 89°43' 5 1 " WEST, 1 44.5 FEET TO A CRIMP TOP IRON PIPE MARKER; THENCE FUN NORTH 893 53' 54" WEST, ALONG THE SOUTH MARGIN OF A I 15-FOOT X 256-FOOT PARCEL HERETOFORE CONVEYED, A DISTANCE OF 255.9 FEET TO A CRIMP TOP IRON PIPE MARKER ON THE EAST MARGIN OF GREENO ROAD; THENCE RUN SOUTH 00002' 06° WEST, ALONG THE EAST MARGIN OF SAID GREENO ROAD 4 1 8.60 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 3.87 ACRES, MORE OR LESS, AND LIES IN THE NORTHWEST 1 /4 OF SECTION 2 1 , TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. SUBJECTTO, HOWEVER: RIGHT-OF-WAY CONVEYED BY FRED P. INGERSOLL AND SADIE M. INGERSOLL TO BALDWIN COUNTY DATED MAY 1 3, 1 952 AN RECORDED IN DEED BOOK 1 96, PAGE 1 55, BALDWIN COUNTY, ALABAMA PROBATE RECORDS. CITY OF FAIRHOPE OFFICE OF THE CITY CLERK The ordinance to rezone your property has been turned over to the Fairhope Courier for publication in the legal section of the Courier, issues of 09/20 and 09/27. The cost of these ads will be billed to you. The hearing will be before the City Council on Monday, October 13, 1997, at 5:30 in the Council Chamber. On that date you will need to bring to the City Clerk, a form called "Proof of Publication", which you obtain from the Courier office after 09/27/97. It will help if you take a clipping of the two ads with dates of publication noted on them. If you have any questions about this, please call. Geniece W. Johnson, Deputy City Clerk (334) 928-2136 O�C FAIRHOPE PLANNING COMMISSION C(jS FINAL REPORT OF ZONING AMENDMENT Teat Change to Zoning Ordinance Request for change of Zoning District By: S &, (Applicant) Description and Map is attached The Commission has held a public hearing on this matter prior to this final report and wishes to report to the Fairhope City Council as follows: We (do) (do not) recommend the proposed zoning text changes as wise, expedient and necessary"for the benefit of the City We find that the proposed zoning district change (is (is not) in conformity with the comprehensive plan and in the best interests of the City as a whole, and (do) (do not) recommend that the City Uouncil adopt an ordinance implementing the proposed changes as provided by law. Members Present Report . fcc Voting Aye Voting No Abstain i Respectfully submitted: C aIrman 31ced, q/q/ql City of Fairhope ,da �'ecueti'�ice �Zlo$i�e Vary or JAMES P. NIX P. O. DRAWER 429 (205) 928.2136 MAYOR FAIRHOPE, ALABAMA 36533 FAX (205) 928-6776 V 0. p4 As a resident/property owner within 300 ft. of the below listed property you are being notified and are welcome to attend. At the Fairhope Planning & Zoning Commission meeting Z� scheduled for Thursday, September 4, 1997 at 5:00 PM q consideration will be given to a re -zone request of Dennis Byrne/Charles Ingersoll for their property located at 19690 Greeno Road further described below. Applicant wishes to change from R-5 High Density Multi - Family to B-2 General Business. Meeting will be held at the City Municipal Complex, 161 N. Section Street in the Council Chambers: Commence at a crimp top iron pipe marker at the Northwest Corner of Lot Number 20 of GREENO PARK as shown by map or plat thereof recorded in Map Book 10, at page 127, Probate Records, Baldwin County, Alabama, for a Point of Beginning; thence run North 89° 41' 40" East, 399.9 feet to an iron pin marker at the Northeast Corner of said Lot Number 20; thence run North 000 06' 51" East, along the West Boundary of Lot Number 17-C and Lot Number 16 of said GREENO PARK, a distance of 416.7 feet to a crimp top iron pipe marker; thence run South 890 43' 51" West, 144.5 feet to a crimp top iron pipe marker; thence run North 89° 53' 54" West, along the South Margin of a 115-foot x 256-foot parcel heretofore conveyed, a distance of 255.9 feet to a crimp top iron pipe marker on the East margin of Greeno Road; thence run South 00° 02' 06" West, along the East Margin of said Greeno Road 418.60 feet to the Point of Beginning. Tract contains 3.87 acres, more or less, and lies in the Northwest 1/4 of Section 21, Township 6 South, Range 2 East, Baldwin County, Alabama. SUBJECT TO, HOWEVER: Right -of -Way conveyed by Fred P. Ingersoll and Sadie M. Ingersoll to Baldwin County dated May 13, 1952 and recorded in Deed Book 196, page 155, Baldwin County, Alabama Probate Records. All interested parties are welcome to attend. Secretary Planning & Zoning Commission THE CITY OWNS ITS WATER WORKS. ELECTRIC DISTRIBUTION SYSTEM, GAS SYSTEM AND SEWERAGE SYSTEM AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: ❑The Baldwin Times, Bay Minette.AL ❑The Bulletin, Daphne, AL ❑The Fairhope Courier, Fairhope,AL ❑The Independent, Robertsdale,AL ❑The Onlooker, Foley, AL Gulf Coast Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama mfss'DnExp: y res M� 24,19S3 County of Baldwin WCam Sworn to and sub rib d before me this Z 3" day of ✓ 19 e, Notary B6151ic, Baldwin County, Alabama ❑The Islander, Gulf Shores.AL NOTICE OF—1Nes1�'144:5'ae'to a �1mp+ PUBLIC HEARING t top Iron Alps marker; thence Notthe trice Is he CI given t II t run North 89° 53' 54gi West a weekly newspaper published in Baldwin County.Alabama p yty along the South mar I will hold a Public Hearing on 115 foot x 256-toot parcel i the following proposed or. heretofore conveyed, a dts- 1 dlnance amending Zonis lance of 255.9 feet to a crimp I eekend Edition (includes The Fairhope Courier,The Onlooker, Ordinance No. 557 on 13 Oc9 top Iron pipe marker on the, he Islander, and The Bulletin i tober 1997, at 5:30 p.m. Fair- East margin of Groono Road- hope Municipal Complex thence run South 00 02, 06' 1 Council Chamber; 161 North West, along the East margin Section Street; Fairhope, AL of said Greeno Road 418.60 Publication Date Cost words/inches x rate 36532. feet to the point of be All Pe►sons who desire sing. Tract contains 3.87 shall have an opportunity to acres, more or less, and lies be heard in favor of, or in In the Northwest y, of Sec- I . % b opposition to, this proposed tion 21, Township 6 South, Ordinance and are cordially Range 2 East, Baldwin Invited to be present. I County, Alabama. I i Evelyn P. Phillips, CMC SUBJECT TO, HOWEVER: City Clerk Right-of-way conveyed by PROPOSED ORDINANCE I Fred P. Ingersoll and Sadie BE IT ORDAINED BY THE M. Ingersoll to Baldwin CITY COUNCIL OF THE CITY County dated May 13, 1952 OF FAIRHOPE, ALABAMA, , and recorded in Dead Book TOTAL: $ �7 ' as follows: 196, Page 155, Baldwin The ordlnance known as County, Alabama Probate AA I the Zoning Ordinance No. Records. / �1„ C 1557) adopted 11 Auglust The classification of aged �K-1 d4i � � i 1975, together with the Zon- � property Is hereby changed —i I ing Map of the City of Fair -Family m R-5 Hlgh Density Multl- Legal Ad Representative hope, be and the same nessishall hereafter General usi- hereby Is changed and ful to construct on such Kathy McGrew altered In respect to that cer- I tain property described be. Property any structures BILL TO: low: permitted or building sought I Property of Dennis Byrne to yy� erected on Bald prop. and Charles Ingersoll to I or, thanbuilding lawbe In s of the cated at 19690 G►oano Road, City of Falrh I more properly described: ope and that any Iron m jnce at a crimp top structure shall be approved 1 Northwest Corner of PO marker at Lot City of Falrhopeandofficial thatany the building of the Number 20 of Greeno Park such structure be erected ATTN: , as shown by map or plat only In compliance with such thereof recorded In Map laws, Including the require- 1 P.O./File Number Book 10, at Page C127, Pro ments of Ordinance No. 557. bats Records, Baldwin ENDOFPROPOSED ounly, Alabama, for a point ORDINANCE FOR OFFICE USE ONLY of be�Inninp, thence run Ga20 North 89° 41 40" East, 399.9 - Paid ...................... Unpaid ... ................... feet to an Iron pin marker at the Northeast corner of said Account NO. Lot Number 20• thence run I North 00" 06' 511' East, alongg the West bounds►y of Lot I bar 6 of said GreNumber 17-C en oPark, Num. I distance of 416.7 foot to a `crimp top Iron pipe marker thence run South 89��3:51'1,� AFFIDAVIT. This is co certfy chaz fie atached legal noticeladvertisement appeared in: ❑The Baldwin Times. Bay Minezrt.AL ❑ e Bulletin. Oaphne.AL Vfhe Fairhope Courier, Fairhope.AL A10"The Independent. Rober=dale.AL ❑The Onlooker. Foley.AL ❑The Islander. Gulf Shores.AL I Weekly newspaper published in Baldwin Counry,Alabama ❑ Weekend Edition (includes The Fair -hope Courier The Onlooker, The Islander, and The Bulletin) Fubiication Date Cost wordsTnches x rate 7�cor7 )-� l (,0 TOTAL- �' ) •'7 0� Legal Ad Representative Kathy M rew BILL TO: ATTN: P.OJFiie Number FOR OFFIC= USE ONLY Paid...................... Unpaid ........ X................. Account No. 4 Gulf 4 t Newspapers P.O. Box 509 Robertsdale,AL 36567 Phone (334) 947-7712 St we of Alabama My CCMITIr.,sEon EYp:res MOy 24, 1993 County of Baldwin Sworn to and sv 'be bdors me tftiz day of 19 Nei SECOND NOTICE OF—ytit �b3a I PUBLIC HEARING Notice Is hereby given the I } second time that the Fair. hope City Council will hold a public hearing on a pro- posed ordinance amendingg Zoning Ordinance No. 557: on 13 October 1997, at 5:30 p m. Fairhope Municipal Complex Council Chamber; 161 North Section Street; IFairhope, AL 36632. All persons who desire shall have an opportunity to be heard In favor of, or In opposition to, this proposed I Ordinance and are cordially Invited to be present. SYNOPSIS OF PROPOSED ORDINANCE TO BE CON- " SIDERED: ORDINANCE I PRINTED IN FULL IN 09/20/97 ISSUE OF THE FAIRHOPE COURIER: Ordinance Is to amend Zoning Ordinance by zonings the following property from R-5 High Density Multi - Family to B-2 Gerwrel Busi- ness Property of Dennis Byrneand Charles Ingersoll lo- cated at 19690 Greeno Road, more properly described: (Commence at a crimp top Iron pipe marker- at the Northwest_Corner of Lot t Number 20 of Greeno Park ( as shown by map or pia thereof recorded in Map Book 10, at Page 127, Pro- Pro - bate Records, Baldwin County, Alabama, for a point of begginning thenca run North 89° 41 40" East, 399.9 feet to an Iron pin marker at the Northeast comer of said Lot Number 20; thence run North 00° 06' 51" East, along s the West boundary of Lot Number 17-C and Lot Num- ber 16 of said Greeno Park, a distance of 416.7 feet to a crimp top iron pipe marker•I thence run South 89° 43' 61' West, 144.5 feet to a crimp top Iron pips marker; thence run North 89° 53' 54" West, along the South margin of a 115-foot x 256-foot parcel heretofore conveyed, a dis- tance of 255.9 feet to a crimp top Iron pipe marker on the IEast margin of Greeno Road - thence run South 00° 02' 06' 1 West, along the East margin of said Greeno Road 418.60 feet to the point of begin- ning. Tract contains 3.87 acres, more or less, and lies In the Northwest V4 of See - Mon 21, Township 6 South, Range 2 East, Baldwin ECountyy, Alabama. ?SUBJECT TO, H1 WEVER: µ Right-of-way conveyed tt��qqK lFred P. Ingersoll and Sadiia t M. Ingersoll to Baldwin ICounty dated May 13, 1952 and recorded in Deed Book 196, Page 155, Baldwin County, Alabama Probate Records. iI I C-9-27