HomeMy WebLinkAboutO-1051ORDINANCE NUMBER 1051
AN ORDINANCE REPEALING ARTICLE VI. OF THE FAIRHOPE ZONING ORDINANCE
RELATING TO PLANNED UNIT DEVELOPMENT PROVISIONS AND ADOPTING IN ITS PLACE
THE AMENDMENT SET FORTH HEREIN:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that
Article VI. Of the Fairhope Zoning Ordinance be and the same is hereby repealed; that the following is
hereby adopted as the replacement Article VI of said zoning ordinance; and that all uses and plans
existing under the former Article VI are hereby rendered lawful non -conformities under this revision, to
the extent of their former compliance.
ARTICLE VI. PLANNED UNIT DEVELOPMENT PROVISIONS.
Sec. 6.1 Planned Unit Developments.
The purpose of the planned unit development is to encourage imaginative design to create a more
desirable environment than would be possible through the strict application of the minimum requirements
of the regular zoning districts. Planned unit development regulations are intended to encourage
flexibility in design and development of land in order to promote its most appropriate use; to facilitate
adequate and economical provision for streets, utilities and public spaces; and to preserve the natural and
scenic qualities of open areas. The objective of a planned unit development is to encourage ingenuity,
imagination and design efforts on the part of builders, architects, engineers, site planners and developers
to produce developments which are consistent with overall land use intensity and open space aims of this
section, while departing from the strict application of use, setback and minimum lot size requirements of
the regular zoning districts. While the planned unit development may depart from the strict requirements
of the regular zoning district in which the land is located, the development is to be compatible with the
comprehensive plan and, where appropriate, platted in conformity with the city's subdivision regulations.
The intent of the planned unit development is to permit such flexibility and provide performance criteria
for unified development which:
(1) Permit a creative approach to land development
(2) Accomplish a more desirable environment than would be possible through strict application of the
requirements of the regular zoning districts
(3) Provide for an efficient use of land, resulting in small networks of utilities and streets and thereby
lower development and maintenance costs
(4) Enhance the appearance of the area through preservation of natural features, the provision of
underground utilities and the provision of recreation areas and open spaces in excess of existing zoning
and subdivision requirements
(5) Provide an opportunity for new approaches to ownership
(6) Provide an environment of stable character compatible with surrounding areas
(7) Retain property values over time
Any use which is permitted or permitted on appeal in any zoning district, except M-I and M-2, may be
authorized by the city for inclusion in a planned unit development by proper amendment of these special
provisions.
Sec 6.12 Uses Permitted.
(1) Principal uses permitted in 6.121 below
(2) Home Occupations under Section 7.64
(3) Accessory uses under Section 7.61
(4) Off-street parking lots and/or garages
Sec. 6.121 Classes of Planned Unit Development herein authorized:
(1) Fixed Building Development: A group of two or more fixed dwelling structures, together with other
permitted structures and uses, on a parcel of land not less than ten (10) acres in single ownership
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(2) Business/Professional Office Development - a development on a site of three (3) or more acres in
single ownership for development of two or more office business/professional office groups.
Business/Professional uses of lesser areas may be included in class 1 fixed dwelling developments on a
site specifically approved by the planning commission. Business/Professional use is not a commercial
use as contemplated in this article.
For the purposes of this section, a planned unit development shall mean the development of land under
unified control which is planned and developed as a whole in a single or programmed series of operations
with uses and structures substantially related to the character of the entire development A planned unit
development shall include a program for the provision, maintenance and operation of all areas,
improvements and facilities necessary for the common use of all occupants thereof. The city council
may require that the owners post a bond or other financial guaranty of a form and in an amount
acceptable to the council, to assure the completion of all improvements to be dedicated to the public as
shown upon the plan as approved.
6.2 General Regulations:
The following general regulations shall apply to all planned unit developments:
6.21 Lands proposed for development under this article may be designated a planned unit development
as a special zoning district as provided herein.
6.22 This article shall be comprehensive and uniform in its application.
6.23 The general plan must be consistent with the purpose and intent of this ordinance.
6.24 The plan must advance the general welfare of the city and the immediate vicinity.
6.25 The plan may provide, though desirable arrangement and design, deviations from the development
standards otherwise applicable under regular zoning district requirements.
6.26 Should the plan expire or otherwise cease to be in effect, all provisions of the special zone for
planned unit development shall be null and void and the land shall revert to the zoning district
classification previously applicable; no use, building or structure shall thereafter be established upon said
land except in strict conformity with the requirements of the regular zoning district.
6.27 All land proposed in the project, including outdoor use of space, off-street parking and circulation
ways may be counted in complying with the density requirements.
6.28 If the plan or any part thereof constitutes a subdivision, the land therein shall be subject to the
requirements of the city's subdivision regulations.
6.3 Development Regulations.
6.31 For any single family or dwelling unit in a duplex, townhouse or condominium building there shall
be privately occupied space in addition to the area occupied by the dwelling unit. That open space shall
be private for the use of the individual occupant only and shall not be smaller than six hundred (600)
square feet in area. Parking areas shall not be considered private space as required herein. The planning
commission may modify the amount of or waive the requirement for private space.
6.32 All open space not for private occupancy shall be assigned to the common use of all occupants in
the development, with use assured in perpetuity. Assignment of such open space shall be as follows:
1. Access driveways
2. Landscaped areas, not less than ten (10) percent of all common open space, may include the
following:
a. pedestrian access walkways
b. children's play areas
c. general landscaped areas
d. swimming pools, areas for organized sports and passive recreation
e. any other areas suitable for the common use of occupants of the PUD
6.321 Every principal structure shall be located within two hundred (200) feet of a hard surface access
drive at least 20 feet in width or to a parking lot connected to such a drive.
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6.322 Privately maintained streets may be provided. Such private streets shall conform to the
requirements set forth in the city's subdivision regulations and shall provide easements for ingress and
egress for utility and emergency vehicles. Not more than thirty (30) units shall be located upon any
street, public or private, having a permanently closed end. Area in private streets may be counted as part
of the net area for density limits but may not be counted as part of required landscape or recreation space.
6.4 Limitations on Use.
Commercial uses shall not be approved within the planned unit development unless such uses are
permitted within the underlying zoning district of the PUD.
In considering Preliminary Plans and Interim Revisions, the planning commission may approve changes
of use from one class to another upon specific finding that such is in harmony with the spirit and intent of
these regulations. In order to maintain control and continuity of the record, each interim revision shall be
numbered sequentially and shall bear the date of approval stamped on the plan, certified by the zoning
officer. Such interim revision shall bear on its face the following notation: "This Interim Plan
supersedes the Preliminary Plan and all previous interim plans. "
6.5 Other Requirements.
6.51 Location Requirements: Each planned unit development shall comply with the following:
1. Development shall be free of objectionable characteristics such as poor drainage, air pollution,
excessive noise, unsightliness and similar problems.
2. Buildings, structures and accessories shall be so located as to assure compatibility with other
types of development.
6.52 Open space, site size and density: Every development shall provide for the following:
1. A minimum site area of ten (10) acres for residential development and/or a minimum site area
of three (3) acres for business/professional
2. A maximum density of ten (10) units per acre for residential uses; maximum of 15 units per
acre for business/professional uses
3. Setback from the property line on the development perimeter shall be not less than 40 feet.
4. A minimum of twenty-five (25) percent of the total project area reserved as minimum useable
open space exclusive of all drives, walkways and parking areas but inclusive of all other common
open space.
5. Minimum open space around residential buildings shall be fifteen (15) feet, provided that a
greater open space may be required by the planning commission in determining whether a
particular plan maintains the spirit and harmony of the zoning ordinance.
6.53 Special Requirements: The following special requirements apply to all planned unit developments:
1. Unless otherwise determined by the planning commission upon specific plan review, the total
ground coverage of buildings shall not exceed thirty-five (35) percent of the project area.
2. Unless otherwise determined by the planning commission upon specific plan review, building
heights shall not exceed two stories or thirty (30) feet.
3. There shall be permitted no fewer than four (4) nor more eight (8) units in any townhouse or
condominium structure.
4. Minimum yard, lot size, unit types, height, frontage requirements and use restrictions may be
waived by the planning commission for a specific plan; provided, however, that the planning
commission may establish minimums for a particular plan such as, in the judgment of the
commission, is required to preserve the purpose and intent of the zoning ordinance.
6.6 Special Zoning Provisions.
6.61 Public Notice and Procedure: Application for approval of a planned unit development as a special
zone shall follow in general the requirements for any regular zoning change application. A public
hearing shall be held by both the planning commission and the city council. Notice to the public at large
and to owners of property within the zone of influence within the city shall be given notice in strict
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compliance with the provisions of Title 11, Chapter 52, Code of Alabama, 1975 as amended.
6.62 After the city council has adopted and caused to be published the ordinance establishing the special
zoning for a planned unit development, the planning commission is charged with the review and approval
of informal plans, preliminary plans, interim final and final development plans in spirit and harmony with
the city's comprehensive development plans and the zoning ordinance. Upon recording of the final
development plan, a reproducible copy shall be provided by the developer to the city clerk for the city's
official record.
For purposes of maintaining an accurate record of proceedings, the chairman of the planning commission
may sign and date a particular plan as informal, preliminary or interim with a prominent notation thereon
reading "Not approved for official recording in probate records." Only the final plan intended for official
recording shall bear the official recording certificate of the planning commission.
6.7 Special Procedure for Planned Unit Developments.
6.71 Developer may schedule an initial meeting with the planning commission if he wishes informal
review.
6.72 In that event, developer shall present to the commission a sketch plan of the proposed project in
sufficient detail to enable the commission and the planning staff to readily determine whether the plan
proposed generally meets the minimum requirements for a planned unit development.
6.73 If the development, or any part thereof, involves the subdivision of land, developer shall present a
sketch plan showing how compliance with the subdivision regulations is to be achieved.
6.74 Applications for initial review together with required submittals shall be presented to the planning
staff, who shall review same and ascertain that the plan generally conforms to the requirements herein.
Staff shall have a reasonable time, not less than 30 days, to complete review and prepare a report for the
commission.
Submittals shall include the following:
1. A letter of transmittal from the developer and endorsed by the land owner officially submitting the
plan for consideration.
2. Ten (10) copies of a scaled general site development plan for the entire project, including the
following: boundary lines with courses and distances for land involved; locations and names of all
public streets abutting or traversing the site; existing drainage and utilities; preliminary locations
and densities of proposed uses; names of any subdivisions comprising all or part of the site; and
identification of existing easements, water courses, lakes or other significant natural features on
the site.
7.741 In review of the informal sketch plan, the following, at the minimum, shall be considered:
1. Existing uses and character within the area
2. Existing and proposed road and street system
3. Public and private open areas, parks and trails
4. Location of trees on site - designate those to be removed and any new plantings proposed
5. Public utilities and services, including but not limited to, underground electrical service, water,
sewer, drainage, fire protection, garbage facilities, and schools, as applicable.
6. Type and number of structures to be built and relative densities.
7. Proposed uses to be developed.
6.75 Preliminary Plan: The developer, following optional sketch plan review, may elect to submit a
preliminary plan to the staff for commission review and approval. Developer should take notice that
whereas preliminary plan approval constitutes license to construct streets, drives, utilities and facilities
other than buildings or structures, most if not all of the elements of the interim final plan will be required
for preliminary approval.
This stage of review is subject to all public notice requirements and constitutes a continuing public
hearing process.
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Submittals to staff shall include both maps and a written statement. All submittals shall be in sufficient
detail to readily demonstrate compliance with the minimum requirements herein. If the submittals or any
part thereof is deemed inadequate for that purpose, staff shall return same to applicant for revision before
placing item on the agenda or advertising any hearing date. Staff shall be allowed a reasonable time, not
less than thirty (30) days, to complete its review.
6.751 Minimum Content of Maps: Maps submitted for preliminary approval shall contain at least
the following information:
1. Boundary survey and legal description with courses and distances shown on map, drawn to
scale and including a vicinity map.
2. Site topography, including existing ground contours at two -foot intervals, utilities, drainage and
easements.
3. Proposed land uses, the locations of any existing buildings or structures on and adjacent to site
and the existing zoning.
4. Character and density of proposed buildings
5. Schematic of required underground electric service
6. Dimensions of proposed public and private open space and relationship of same.
7. Dimensions and locations of existing and proposed streets, walkways, rights -of -way, parking
areas, landscaping, recreational areas and other uses or structures.
8. Public uses, including schools, parks, playgrounds, etc.
9. Number of parking spaces required and provided.
10. Amount of impervious surface proposed.
11. Drainage map, including calculations.
12. Development phasing, if proposed.
6.752 Minimum Content of Written Statement: The written statement for the development shall
include, at the minimum, the following:
1. A description of the character of the proposed development and the manner in which it has
been designed to take advantage of the planned unit concept.
2. A description of the proposed sewerage for project.
3. A description of the water supply and stormwater drainage facilities to serve the development.
4. The manner of financing of the proposed development.
5. A statement of the present ownership of lands involved in the project.
6. A description of the method proposed to maintain private and common open areas.
7. A statement of the schedule of development in its entirety and a description of phasing, if
proposed.
8. A statement that developer understands preliminary plan approval shall not be effective until
after the city council shall have established the planned unit development area as a special zone.
9. Where in the commission's opinion, the plan submitted substantially conforms to requirements,
the commission may approve such plan subject to minor modifications.
10. A statement of agreement that any construction undertaken on license to construct under
preliminary approval is entirely at developer's risk. If the interim final plan has not been approved
within one year from date of preliminary approval, such approval shall lapse unless the
commission, on appeal of developer, shall extend such preliminary approval for six month periods
on finding of good cause to do so. Failure of the developer to diligently prosecute the work shall
be deemed abandonment of the plan and all prior approvals shall be deemed null and void, at
which time the land shall revert to its prior and underlying zoning district classification. All
buildings and uses completed under the plan shall have the status of non -conformities but shall not
be altered or expanded and shall not be reestablished after
discontinuance for one year or more.
6.76 Interim Final Plan: The interim final plan is devised as a means to allow developer to revise his
preliminary plan in response to changing market conditions or other unforeseeable factors, particularly in
long-range, phased development. The interim final plan shall be subjected to continuing review by the
commission either on the expiration of one year or upon further revision/s to the preliminary plan by the
developer, whichever is earlier in time. Building permits for buildings and structures may issue upon
interim final plan approval for those portions of the project which are fully served by streets, water,
sewer, electrical and drainage facilities, accepted by the city council where appropriate and subject to
financial guaranty, and, if subdivided, final plat approval.
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In addition to items required for preliminary plan approval and modifications thereto, the interim final
plan shall include, at a minimum, the following:
1. Street locations and nature of improvement.
2. Lot design and delineation, as appropriate.
3. Landscaping and parking plans.
4. Stormwater drainage system with erosion and siltation controls.
5. Utilities plans
6. Peripheral setbacks shown on site plan.
7. Final calculations for drainage, densities, open spaces, private space and parking, together with
the relationships thereof to site clearly shown.
8. Clear delineation of the portion of preliminary plan being designated for interim final approval
with all areas to be dedicated or reserved to the public clearly shown thereon.
9. A plot plan for each building site and the delineation of common open space and private space
required therefor, showing relative locations, dimensions and areas of open space for all buildings,
structure or other improvements thereon.
10. Elevation and perspective drawings of all typical proposed structures and improvements,
except single family.
11. Beginning and completion dates for construction of the elements of the interim plan and
estimated completion date of the entire project. For phased construction, developer shall show
delineation of the phases and the work schedule for each phase.
12. Agreements, provisions and declarations or covenants which govern the use, protection and
maintenance of the planned unit development and its common open areas. Included shall be the
means established for perpetual non-public maintenance of private drives and parking and
drainage or utilities outside the public right-of-way which shall not be subject to city maintenance.
13. Traffic circulation diagrams and off-street parking and loading/unloading plans as may be
required by the commission.
6.77 Interim Final Plan Agreement: A written agreement, by the developer and binding his agents,
successors and assigns, shall be submitted as provided below. Such written agreement shall be approved
by the city attorney for form and legality.
1. A definite date of completion of all elements of the interim final plan, before which date all
elements shall be complete in every detail and in full compliance of requirements of this
ordinance.
2. Such documents as will assure that all non -dedicated improvements in the plan intended for
use of residents and open space, parking and landscaping, as well as recreational equipment and
facilities shall be serviced and maintained in perpetuity.
3. That no future changes in the development shall be made which would encroach or intrude
upon the land used to comply with the requirements herein in any manner.
4. That all easements for private drives, utilities, drainage or other purposes shall be kept
perpetually open for any public purpose.
5. That no building permits for buildings or structures requiring frontage upon a public street
shall issue until all streets and utilities dedicated to the public are complete in place and the city
council has, by resolution, accepted such streets and utilities for public maintenance. Whether or
not on a public street, no permit for any building or structure shall issue until all support facilities,
including drives, parking, utilities and drainage, are complete in place with provisions for
maintenance in perpetuity.
6. That the interim final plan shall be subject to continuing commission review as provided in
Section 6.76 above. Provided, however, that if the work under any interim plan is not diligently
pursued or that the work is abandoned for a period of ninety (90) or more calendar days, the city
may suspend the plan and the work for a length of time sufficient for the developer to show cause
why the plan should not be revoked and all work thereunder stopped.
7. The interim final plan approved by the commission shall bear the date of approval under the
signature of the chairman but shall be clearly marked on it's face: "APPROVED FOR
INTERNAL PROCEDURAL PURPOSES - SUPERSEDES ALL PRELIMINARY AND
PREVIOUS INTERIM PLANS - THIS DOCUMENT SHALL NOT BE ACCEPTED FOR
OFFICIAL RECORDING IN THE PROBATE RECORDS OF THE COUNTY".
6.8 Approval of the Final Development Plan:
6.81 The Final Development Plan is a compilation of the Preliminary Plan and all ensuing Interim Final
Plans which were approved in the course of project review, including any subdivision of land. The final
development plan when submitted for approval shall be accompanied by a copy of the approved
preliminary plan, a copy of each approved interim final plan and a copy of any recorded subdivision
plat/s recorded in connection with the planned unit development. Copies of all written agreements shall
be submitted as were approved at each step of the process. All requirements for interim plan approval
also apply to approval of the Final Development Plan. In addition thereto, the following requirements
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shall apply:
1. The Final Development Plan, identified as such, shall bear upon its face the certification of the
developer and his engineer/architect that the improvements involved in the planned unit development
have been completely installed in compliance with all requirements and that the plan as submitted for
final approval is substantially complete and correct in its entirety. Reference shall be made to any
subdivision recorded in connection with the planned unit development and to recording of all documents
establishing maintenance provisions for improvements within the planned unit development.
2. There shall be provided on the face of the Final Development Plan a certification for the approval of
the Fairhope Planning Commission, reading substantially as follows: "THIS FINAL DEVELOPMENT
PLAN HAS BEEN APPROVED ON THIS THE DAY OF FOR
RECORDING IN THE PROBATE RECORDS OF BALDWIN COUNTY, ALABAMA".
3. The developer shall, within not more than sixty (60) days from date of approval, cause the Final
Development Plan to be recorded in the Probate Records of Baldwin County, Alabama or the approval
shall be void. The developer, at time of recording, shall have one reproducible copy of the Final
Development Plan date and time stamped by the clerk of the Baldwin County Probate Court and shall
deliver the same to the Fairhope City Clerk for recording in the city's records.
Each phrase, sentence, paragraph or section of this ordinance is severable from all other such phrases,
sentences, paragraphs or sections. Should any such part of this ordinance be declared unconstitutional or
invalid by the courts, such declaration shall not affect any other part or portion of this ordinance.
This ordinance shall take effect upon its due adoption and publication as provided by law.
ATTEST:
Geniece W. J
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Page -7-
t
CITY OF FAIRHOPE .
CITY COUNCIL COVER SHEET
May 10, 1999
Public Hearing to Consider Amending the Planned Unit Development
Regulations in the Zoning Ordinance.
�Ar. gab Lunsford, Retired Planning Director, worked lu Mall all VIul1I'll luv 11Idl alI1witib
the Mobile Home Regulations of the Zoning Ordinance.
The proposed Ordinance was heard and approved by the Planning Commission on
March 1, 1999.
In short, the proposed Ordinance states:
1) Business Professional Office Development: The new Ordinance creates new
regulations:
Allows for a PUD Application if the site is under single ownership and is 3
or more acres in size. The Ordinance specifically indicates that this is
different than commercial uses as indicated in the PUD Ordinance.
1) Restoration of Damaged Buildings: This portion of the Ordinance is revised to read
as follows:
a non -conforming building or structure which is damaged or destroyed
may be restored to its former boundaries within not more than one (1)
year from the date of the event, after which time the formerly existing
structure shall be deemed a non -conformity lost for discontinuance.
Provided, however, that any building which is removed or deliberately
destroyed by the owner or his agent, and not the result of damage caused
by fire, windstorm, or other natural calamity, shall render the non-
conformity void and any replacement building or structure shall conform to
the required district setbacks.
3) Discontinuance is proposed to read as follows:
A non -conforming use which became such after the adoption of this
ordinance and which has been discontinuous for a period of one (1) year
or more shall not be reestablished and any future use shall be in
conformity with the requirements of this ordinance.
4) Front and Side Yard Setbacks are proposed to read as follows:
The front setbacks (and, on corner lots, the street side setback) shall not
apply to any lot where the average setbacks in the same block and within
200 feet of the subject lot is less than the minimum setback required for
the district. In such cases, the proposed building may be aligned with the
average setbacK of ine auiiaingis existing on eacn siae of ine proposea
new structure, the minimum required setback shall be the average of the
existing building setback and that required for the district.
There are no other substantial changes to the existing regulations.
Resp ully Submitted for Consideration,
cit
ChristopKer D. Baker
Director of Planning and Building
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
❑ The Islander, Gulf Shores, AL
a weekly newspaper published in Baldwin County, Alabama
WWeekend Edition (includes The Fairhope Courier, The
Onlooker,
The Islander, and The Bulletin)
Publication Date Cost: words/inches x rate
5-15 3110x_ Ica
AL: $ '-191• too
11
Legal Ad Representative
Gina Lindell
BILL TO: 1 x
ATTN:
P.O./File Number
FOR OFFICE USE ONLY
Paid...................... Unpaid...............
..............
Account No. (4,2rr- '_ m
Gulf ewspapers
P.O. Box 509
Robertsdale, AL 36567
Phone (334) 947-7712
state of Alabama
County of Baldwin
Sworn to and subscribed before me
this / 1
day of (1&4f
19
e. "&�
Nota4 Public, Baldwin County, Alabama
MY COMMISS'ON EXP'IES MAY 22, 2002
the Fairhope Planning Commission, reading substantially as follows: "'fl IIS FINAL DEVELOPMENT
PLAN HAS BEEN APPROVED ON THIS THE DAY OF
RECORDING IN THE PROBATE RECORDS OF BALDWIN COUNTY, ALABAMA"- FOR ,
ore
3 The developer shall, within not mthan sixty (60) days from date of approval, cause the Final h
' Development Plan to be recorded in the Probate Records of Baldwin C'ounly, Alabama or the approval
shall be void. The developer, at time of recording, shall have one reproducible copy of the Final
Development Plan date and time stamped by the clerk of the Baldwin County I'n,hate Court and shall F/
deliver the same to the Fairhope City Clerk for recording in the city's records.
Each phrase, sentence, paragraph or section of this ordinance is severable lion, all other such phrases,
sentences, paragraphs or sections. Should any such part of this ordinance be declared unconstitutional or
invalid by the courts, such declaration shall not affect any other part or portion of this ordinance.
This ordinance shall lake effect upon its due adoption and publication as provided by law.
ADOPTED THIS THE lOTH DAY OF
ATTEST: /"n'%
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Geniece W. Johnson tty Jerk C-3.15
`99 Toyota Tacoma 44
Only 3,000 Miles. V-6,
Super Cab, Fully Lcaded.
Was $24,930
NOW $22,804
334-971-6363 Or Toll Free
1-877877281-2548
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1905 Hwy 59 S. FOLEY
FORD RANGER 8pp9 extend
cond. Asking $3950. FCall
981-1160 or974-2277 1
Ford Ranger XLT, '98. Very
low milea e. $10,000. Ca.l
943-3261.g
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GEO TRACY--R 94 core. JEEP WRANGLER 87 Laredo
V"�'� va p''a. 6 Cy',Gspd. New soft top.
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981-1160 or974.2277.1
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9
Page 10B, GULF COAST NEWSPAPERS, Saturday, May 15, 1999
Legal Notice
ORDINANCE NUMBER 1051
AN ORDINANCE REPEALING ARTICLE VI. OF THE FAIRHOPE ZONING ORDINANCE
RELATING TO PLANNED UNIT DEVELOPMENT PROVISIONS AND ADOPTING IN ITS PLACE;
THE AMENDMENT SET FORTH HEREIN:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRI101'li, ALABAMA, that
Article VI. Of the Fairhope Zoning Ordinance be and the same is hereby repealed; that the following is
hereby adopted as the replacement Article VI of said zoning ordinance; and that ill uses and plans
existing under the former Article VI are hereby rendered lawful nun-cunfornilies under this revision, to
the extent of their former compliance.
ARTICLE VI. PLANNED UNIT DEVELOPMENT PROVISIONS.
Sec. 6.1 Planned Unit Developments.
The purpose of the planned unit development is to encourage imaginative design to create a more
desirable environment than would be possible through the strict applic,uioa of the minonum requirements
of the regular zoning districts. Planned unit development regulations are intended to encourage
flexibility in design and development of land in order to promote its most nppropriatc use; to facilitnic
adequate and economical provision for streets, utilities and public splices: and In preserve the natural and
scenic qualities of open areas. The objective of a planned unit development is lit encourage ingenuity,
imagination and design efforts on the part of builders, architects, engineers, site planners and developers
to produce developments which are consistent with overall land use intensity aid open space aims of this
section, while departing from the strict application of use, setback and minimum lot size requirements of
the regular zoning districts. While the planned unit development may depart from the strict requirements
of the regular zoning district in which the land is located, the development is to be compatible with the
comprehensive plan and, where appropriate, platted in conformity with the city's subdivision regulations.
The intent of the planned unit development is to permit such flexibility and provide performance criteria
for unified development which:
(1) Permit a creative approach to land development
(2) Accomplish a more desirable environment than would be possible through strict application of the
requirements of the regular zoning districts
(3) Provide for an efficient use of land, resulting in small networks of utilities and streets and thereby
lower development and maintenance costs
(4) Enhance the appearance of the area through preservation of natural leaf arcs, the provision of
underground utilities and the provision of recreation areas and open spaces in excess of existing zoning
and subdivision requirements
(5) Provide an opportunity for new approaches to ownership
(6) Provide an environment of stable character compatible with surrounding seas
(7) Retain property values over time
Any use which is permitted or permitted on appeal in any zoning district, except M-I slid M-2, may be
authorized by the city for inclusion in a planned unit development by proper amendment of these special
provisions.
Sec 6.12 Uses Permitted.
(1) Principal uses permitted in 6.121 below
(2) Home Occupations under Section 7.64
(3) Accessory uses under Section 7.61
(4) Off-street parking lots and/or garages
Sec. 6.121 Classes of Planned Unit Development herein authorized:
(1) Fixed Building Development: A group of two or more fixed dwelling structures, together with other
permitted structures and uses, on a parcel of land not less than ten (10) acres in single ownership
(2) Business/Professional Once Development - a development on a site of three (3) or more acres in
single ownership for development of two or more office business/professional office groups.
Business/Professional uses of lesser areas may be included in class I fixed dwelling developments on a
site specifically approved by the planning commission. Business/Professional use is not a commercial
use as contemplated in this article.
For the purposes of this section, a planned unit development shall nnean the development of land under
unified control which is planned and developed as a whole in a single or programmed series of operations
with uses and structures substantially related to the character of the entire develupoic l A planned unit
development shall include a program for the provision, maintenance and operation ()fall areas,
improvements and facilities necessary for the common use of all occupants thereof. The city council
may require that the owners post a bond or other financial guaranty of n form and in an amount
acceptable to the council, to assure the completion of all improvements to be dedicated to the public as
shown upon the plan as approved.
6.2 General Regulations:
The following general regulations shall apply to all planned unit developments:
6.21 Lands proposed for development under this article may be designacd it planned unit development
as a special zoning district as provided herein.
6.22 This article shall be comprehensive and uniform in its application.
6.23 The general plan must be consistent with the purpose and intent of this ordinance.
6.24 The plan must advance the general welfare of the city and the immediate vicinity
6.25 The plan may provide, though desirable arrangement and design, devinlions from the development
standards otherwise applicable under regular zoning district requirements.
6.26 Should the plan expire or otherwise cease to be in effect, all provisions ordic special zone for
planned unit development shall be null and void and the land shall revert to the zoining district
classification previously applicable; no use, building or structure shall therenflcr be established upon said
land except in strict conformity with the requirements of the regular zoning district.
6.27 All land proposed in the project, including outdoor use of space, oll-street parking and circulation
ways may be counted in complying with the density requirements.
6.28 If the plan or any part thereof constitutes a subdivision, the land therein shall be subject to the
requirements of the city's subdivision regulations.
6.3 Development Regulations.
6.31 For any single family or dwelling unit in a duplex, townhouse or condominium building there shall
be privately occupied space in addition to the area occupied by the dwelling unit. That open space shall
be private for the use of the individual occupant only and shall not be smaller Ilaan six hundred (600)
square feet in area. Parking areas shall not be considered private space its required hercin. The planning
commission may modify the amount of or waive the requirement for privnte .space.
6.32 All open space not for private occupancy shall be assigned to the conuuon use ul'all occupants in
the development, with use assured in perpetuity. Assignment of such open space shall be as follows:
1. Access driveways
2. Landscaped areas, not less than ten (10) percent of all common open space, may include the
following:
a. pedestrian access walkways
b. children's play areas
c. general landscaped areas
d. swimming pools, areas for organized sports and passive recreation
e. any other areas suitable for the common use of occupants of the PUD
6,321 Every principal structure shall be located within two hundred (200) feet ola hard surface access
drive at least 20 feet in width or to a parking lot connected to such a drive.
6.322 Privately maintained streets may be provided. Such private streets shall conform to the
requirements set forth in the city's subdivision regulations and shall provide easements for ingress and
egress for utility and emergency vehicles. Not more than thirty (30) units shall be located upon any
street, public or private, having a permanently closed end. Area in private streets Italy be counted as part
of the net area for density limits but may not be counted as part of required landscape or recreation space.
6.4 Llmitalions on Use.
Commercial uses shall not be approved within the planned unit development unless such uses are
permitted within the underlying zoning district of the PUD.
In considering Preliminary Plans and Interim Revisions, the planning commission may approve changes
of use from one class to another upon specific finding that such is in harniuny with the spirit and intent of
these regulations. In order to maintain control and continuity of the record, each interim revision shall be
numbered sequentially and shall bear the date of approval stamped on the plan, certified by the zoning
officer. Such interim revision shall bear on its face the following notation: " 7'hiv bunion flan
supersedes the Preliminary Plan and all previous interim plans. "
6.5 Other Requirements.
6.51 Location Requirements: Each planned unit development shall comply wish the following:
I. Development shall. be free of objectionable characteristics such as poor drainage, air pollution,
excessive noise, unsightliness and similar problems.
2. Buildings, structures and accessories shall be so located ns to assure cumpatihibly with other
types of development.
6.52 Open space, site size and density: Every development shall provide for the following:
1. A minimum site area often (10) acres for residential development and/or it inininhum site area
of three (3) acres for business/professional
2. A maximum density often (10) units per acre for residential uses; ninxinntnt of 15 units per
acre for businessiprofessional uses
3. Setback from the property line on the development perimeter shall be not less than 40 feet
4. A minimum of twenty-five (25) percent of the total project area reserved as minbnum useable
open space exclusive of all drives, walkways and parking areas bill ineusive Of all Other conmuin
open space.
5. Minimum open space around residential buildings shall be fiflecn (15) feet, provided that a
greater open space may be required by the planning commission in determining whether a
particular plan maintains the spirit and harmony of the zoning ordinance.
6.53 Special Requirements: The following special requirements apply to all planner] unit developments:
I. Unless otherwise determined by the planning commission upon specific plan review, the total
ground coverage of buildings shall not exceed thirty -rave (35) percent of the project area.
2. Unless otherwise determined by the planning commission upon specific plan review, building
heights shall not exceed two stories or thirty (30) feet.
3. There shall be permitted no fewer than four (4) nor more eight (8) units in any townhouse or
condominium structure.
4. Minimum yard, lot size, unit types, height, frontage requirements and use restrictions may be
waived by the planning commission for a specific plan; provided, liowevci, that the planning
commission may establish minimums for a particular plan such as, in the judgment of the
commission, is required to preserve the purpose and intent of the zoning ordinance.
6.6 Special Zoning Provisions.
6.61 Public Notice and Procedure: Application for approval of a planned unit development as a special
zone shall follow in general the requirements for any regular zoning change application. A public
hearing shall be held by both the planning commission and the city council Notice to file public at large
and to owners of property within the zone of influence within the city shall be given notice in strict
compliance with the provisions of Title 11, Chapter 52, Code of Alabama, 1975 as amended.
6.62 After the city council has adopted and caused to be published the ordinance establishing the special
zoning for a planned unit development, the planning commission is charged with the review and approval
of informal plans, preliminary plans, interim final and final development plans in spirit and harmony with
the city's comprehensive development plans and the zoning ordinance. Ninon recording of the final
development plan, a reproducible copy shall be provided by the developer iu she city clerk for the city's
official record.
For purposes of maintaining an accurate record of proceedings, the chairman of the planning commission
may sign and date a particular plan as informal, preliminary or interim with it prominent notation thereon
reading "Not approved for official recording in probate records." Only the final plan intended for official
recording shall bear the official recording certificate of the planning commission.
6.7 Special Procedure for Planned Unit Developments.
6.71 Developer may schedule an initial meeting with the planning commissiot if lie wishes informal
review.
6.72 In that event, developer shall present to the commission a sketch plan of the proposed project in
sufficient detail to enable the commission and the planning staff to readily deco mine whether the plan
proposed generally meets the minimum requirements for it planned unit development.
6.73 If the development, or any part thereof, involves the subdivision of land, developer shall present a
sketch plan showing how compliance with the subdivision regulations is to be achieved.
6.74 Applications for initial review together with required submittals shall be presented to the planning
staff, who shall review same and ascertain that the plan generally confoi nis in the requirements herein.
Staff shall have a reasonable time, not less than 30 days, to complete review and prepare a report for the
commission.
Submittals shall include the following:
I. A letter of transmittal from the developer and endorsed by the land owner officially submitting the
plan for consideration.
2. Ten (10) copies of a scaled general site development plan for the entire project, including the
following: boundary lines with courses and distances for land involved; locations slid names of all
public streets abutting or traversing the site; existing drainage and utilities: preliminary locations
and densities of proposed uses; names crony subdivisions comprising all or part of the site; and
identification of existing easements, water courses, lakes or other significani natural featgres on
the site.
7.741 In review of the informal sketch plan, the following, at [lie miainhum, shall be considered
1. Existing uses and character within the area
2. Existing and proposed road and street system
3. Public and private open areas, parks and trails
4. Location of trees on site - designate those to be removed and any new plantings proposed
5. Public utilities and services, including but not limited to, underground electrical service, water,
sewer, drainage, fire protection, garbage facilities, and schools, as applicable.
6. Type and number of structures to be built and relative densities.
7. Proposed uses to be developed.
6.75 Preliminary Plan: The developer, following optional sketch plan review, may elect to submit a
preliminary plan to the staff for commission review and approval. Developer should take notice that
whereas preliminary plan approval constitutes license to construct streets, drives, utilities and facilities
other than buildings or structures, most if not all of the elements of the interim final plan will be required
for preliminary approval.
This stage of review is subject to all public notice requirements anti constitutes o continuing public
hearing process.
Submittals to staff shall include both maps and a written statement. All submittals shall be insufficient
detail to readily demonstrate compliance with the minimum requirements hercin. If the submittals or any
part thereof is deemed inadequate for that purpose, staff shall return same to applicant for revision before
placing item on the agenda or advertising any hearing date. Staff shall be allowed a reasonable time, not
less than thirty (30) days, to complete its review.
6.751 Minimum Content of Maps: Maps submitted for preliminary approval shall contain at least
the following information:
I. Boundary survey and legal description with courses and distances shown on map, drawn to
scale and including a vicinity map.
2. Site topography, including existing ground contours at two -foot intervals, utilities, drainage and
easements.
3. Proposed land uses, the locations orally existing buildings ot struclui cs on and adjacent to site
and the existing zoning.
4. Character and density of proposed buildings
5. Schematic of required underground electric service
6. Dimensions of proposed public and private open space and relatiunstip of sane.
7. Dimensions and locations of existing and proposed streets, walkways, rights -of -way, parking
areas, landscaping, recreational areas and other uses or structures.
8. Public uses, including schools, parks, playgrounds, etc.
9. Number of parking spaces required and provided.
10. Amount of impervious surface proposed.
11. Drainage map, including calculations.
12. Development phasing, if proposed.
6.752 Minimum Content of Written Statement: The written statement for [lie development shall
include, at the minimum, the following:
I. A description of the character of the proposed development and the manner in which it has
been designed to take advantage of the planned unit concept.
2. A description of the proposed sewerage for project.
3. A description of the water supply and stommwater drainage facilities ha serve the development.
4. The manner of financing of the proposed development.
4 1 AMiitement of the present ownrrship of lands involved in Ihir orojccj,
"17_ celrription arthe r-ehod pr �po:ed to , .aintu:n prV•C., 1.J .1. n, 11 open sre,-
r 7. A statement of the schedule of development in its entirely and it descrpuon of phasing, if
proposed.
8. A statement that developer understands preliminary plan approval shall not be effective until
after the city council shall have established the planned unit developmenl area as a special zone.
9. Where in the commission's opinion, the plan submitted substantially coufomns to requirements,
the commission may approve such plan subject to minor modifications.
10. A statement of agreement that any construction undertaken tin license to construct under
preliminary approval is entirely at developer's risk. If the interim final plan has not been approved
within one year from date of preliminary approval, such approval shall lapse unless the
commission, on appeal of developer, shall extend such preliminary approval far six month periods
on finding of good cause to do so. Failure of the developer to diligently prosecute the work shall
be deemed abandonment of the plan and all prior approvals shall be deemccd null and void, at
which time the land shall revert to its prior and underlying zoning district classification. All
buildings and uses completed under the plan shall have the status of non -conformities but shall not
be altered or expanded and shall not be reestablished after
discontinuance for one year or more.
6.76 Interim Final Plan: The interim final plan is devised as a means to allow developer to revise his
preliminary plan in response to changing market conditions or other unforeseeable factors, particularly in
long-range, phased development. The interim final plan shall be subjected to continuing review by the
commission either on the expiration of one year or upon further revision/s to the preliminary plan by the
developer, whichever is earlier in time. Building permits for buildings and structures may issue upon
interim final plan approval for those portions of the project which arc fully served by streets, water,
sewer, electrical and drainage facilities, accepted by the city council where appropriate and subject to
financial guaranty, and, if subdivided, final plat approval.
In addition to items required for preliminary plan approval and modifications Iluncto, the interim final
plan shall include, at a minimum, the following:
I. Street locations and nature of improvement.
2. Lot design and delineation, as appropriate.
3. Landscaping and parking plans.
4. Stonowutcr dwinagc system with erosion and siltation coalmis.
5. Utilities plans
6. Peripheral setbacks shown on site plan.
7. Final calculations for drainage, densities, open spaces, privnic space and parking, together with
the relationships thereof to site clearly shown.
8. Clear delineation of the portion of preliminary plan being designiued rur interim final approval
with all areas to be dedicated or reserved to the public clearly shown thereon.
9. A plot plan for each building site and the delineation of common open space and private space
required therefor, showing relative locations, dimensions and areas of open space for all buildings,
structure or other improvements thereon.
10. Elevation and perspective drawings of all typical proposed structures and improvements,
except single family.
11. Beginning and completion dates for construction of the elements of the interim plan and
estimated completion date of the entire project. For phased construction, developer shall show
delineation of the phases and the work schedule for each phase.
12. Agreements, provisions and declarations or covenants which govern the use, protection and
maintenance of the planned unit development and its connnon open wens. Included shall be the
means established for perpetual non-public maintenance of private drives and parking and
drainage or utilities outside the public right-of-way which shall not be subject to city maintenance.
13. Traffic circulation diagrams and off-street parking and loadingrunloadimg plans as may be
required by the commission.
6.77 Interim Final Plan Agreement: A written agreement, by the devclupc and binding his agents,
successors and assigns, shall be submitted as provided below. Such written agreement shall be approved
by the city attorney for form and legality. t
I. A definite date of completion of all elements of the interim liar] plan, before which date all
elements shall be complete in every detail and in full compliance of iecpairennents of this
ordinance.
2. Such documents as will assure that all non -dedicated improvements in the plan intended for
use of residents and open space, parking and landscaping, as well as recrealiunal equipment and
facilities shall be serviced and maintained in perpetuity.
3. That no future changes in the development shall be made which would encroach or intrude
upon the land used to comply with the requirements herein in any m;mnea.
4. That all easements for private drives, utilities, drainage or other purposes shall he kept
perpetually open for any public purpose.
5. That no building permits for buildings or structures requiring frontage upon a public street
shall issue until all streets and utilities dedicated to the public are complete in place and the city
council has, by resolution, accepted such streets and utilities for public mantcnance. Whether or
not on a public street, no permit for any building or structure shall issue until all support facilities,
including drives, parking, utilities and drainage, are complete in place with provisions for
maintenance in perpetuity.
6. That the interim final plan shall be subject to continuing commission review as provided in
Section 6.76 above. Provided, however, that if the work under any ioterini plan is not diligently
pursued or that the work is abandoned for a period of ninety (90) of more calendar days, the city
may suspend the plan arld. the work for a length of time sufficient for the developer to show cause
why the plan should not be revoked and all work thereunder stopped.
7. The interim final plan approved by the commission shall bear the date ol'nppruvid under the
signature of the chairman but shall be clearly marked on it's Puce: "APPROVED FOR
INTERNAL PROCEDURAL PURPOSES - SUPERSEDES ALL PRELIMINARY AND
PREVIOUS INTERIM PLANS - THIS DOCUMENT SHALL N01 131; AC'C'LI'TED FOR
OFFICIAL RECORDING 1N THE PROBATE RECORDS OF TI IF. COUNTY" .
6.8 Approval of the Final Development Plan:
6.81 The Final Development Plan is a compilation of the Prelimiinay Plan and till ensuing Interim Final
Plans which were approved in the course of project review, including any subdivision of land Thermal
development plan when submitted for approval shall be accompanied by a copy of (lie approved
preliminary plan, a copy of each approved interim final plan and a copy of any recorded subdivision
plat/s recorded in connection with the planned unit development. Copies of all ram riucit agreements shall
be submitted as were approved at each step of the process. All requirements for interim plan approval
also apply to approval of the Final Development Plan. In addition thereto, the Inapt- iog requirements
shall apply:
I. The Final Development Plan, identified as such, shall bear upon its face the certification of the
developer and his engineerrarchitect that the improvements involved in the planed unit development
have been completely installed in compliance with all requirements and that the plan as submitted lot
fatal approval is substantially complete and correct in its entirety. Reference shall be made to any
subdivision recorded in connection with the planned unit development and to recording of all documents
establishing maintenance provisions for improvements within the planned unit development.
,v
2. There shall be provided on the face of the Final Development Plan it ccilidicatiun fix the approval of
(
i
0
a
uth Voyager, '84. No
leather int. & body exc.
$600. 080. 943-4633.
rA-1994. Ext Cab P.U.
kop�iol:Dld
87 4 x 4, big tires.
truck. $1600 OBO.
P/U a5 Long bed.
d owner, AC, auto.
-5535.1
dcat, '70. 2 dr air, 105k ai
195. Automobiles
93 CADILLAC DEVILLE White
1998 NISSAN
/ btu newa10, fully
2loaded.
MAXIMA
95 FORD TAURUS GL Taupe,
- 6 Cyl. Loaded
4 Dr. y'
81K mi, AT, AC, cass, power
locks & windows. Good cond.
Call John 626-2641
$5,400. S O L D
t -
1998 NISSAN
ALTI MA
GXE - 4 Dr. - Low mi.
Call Tim 626-2641
a dean. $4800.949-7154. 1
95 HONDA DEL SOL red
tangg, '88. Rebuilt 302,
i periom. parts -no rust, orig
convertible, cass. / stereo, 33K
miles. $9,900. 990-9036. C
new tires, etc. 988-8157.0
97 Honda Civic Coupe 5 spd.
slang1965. A real steal)
Retail price $11,900. Asking
$9'900. Must sell 1928-2142
.951 W,'4BBL, PS, auto, stall
)nverter, virtually rust free,
97 Saturn SL2 38Kmi green w/
ew int. $5500. OBO.
re. int $9200 Motivated seller
?1LrM ; 5`stTdMIS
CUTLASS SUPREME 89
Loaded. $2800 OBO.
981-8929 or 978-5348. 1
GULF COAST NEWSPAPERS, Saturday, May 15, 1999, Page 9B
' ��
r r�
rr
JEEP WRANGLER 9p4 Sahar
cond new to Asking38K
`97 CHEVY
CHEW SILVERDO96 Ext cab
great ,
$10,700. Call 981-2444.1
g LAZ E R
one owner mi. $16,500.
hall I974-1672 wk or 987-5668
MAZDA B-2600, 1987. 4 X 4,
L.W.B. Excellent condition.
4 Dr. - 6 Cyl. - LS
$2750. Call 942-1334.
Call Don 626-2641
S '96. Take
1998 NISSAN
- -
paymenTURN,ts $18 c.
payments $186.49/mo. Exec.
cond. 580-3171. A
PATHFINDER
v2fl �� J�J sues
VW Cabrelet Covt, '87.
Excellent running condition.
XE - 6 Cyl.
$5000. OBO. 955-1230. 0
Call John 626-2641 REPO Ford Mustang, take
over $25/wkly pmts on full
Euros rt, 1984. bat. of p 68 tic. del, pmt.
Po i S Baldwin Finance 989-7300
$600. Drive away as is S°Czjm .M'l�.l'I�w
EExec.Con.
,'96XR7 1998 CHEVY
ther Int., METRO
Owner,-3429. 4 Dr. - LSI
Call Damien 626-2641
OLD CUTLASS 95 4 dr, PW,
PDL, 45K mi, one owner.
ng $9000. Cal968-44741 Ask-
38-4745.0 949-5369or417-6097pager FIERO 1985 Good cond.
Buick Century 1983. Gray, $1800OBO. 981-4157.1 1998 BUICK
50K miles. Good condition. FORD ZX2 98 Loaded, sun SKYLAR
F
n 240 SX 5 spd, nice stereo. CallA
LTD II Looks & runs
od, well kept, much loved
,200 OBO 928-1147 Iva msg
roof, 37K m!, one owner, red.
K
$12,000. Call 967-3982.
4 Dr. -6 Cyl.
FOR SALEH
Call Jack 626-2641
'81 Chevy Citation, $500.
988-8672
1997
NISSAN
PLYMOUTH HORIZON 82. 4
1995 CHEVY
I -y ? I
Q �3�
QUEST
$400.9662-3544Good �jnsportahon.
��`'
XE-6Cyl.
C 1500
Caddy, '76. Good cond, 106k
Call John 626-2641
oo silo t; $1200 OBO o wilifl
Reg. Cab - V8
g
ong mi. Belonged to my 90 yr
old mother. $2�0.955-1577.
-=�
finance $350 dn, $1500 total.
Call Don 626-2641
d ��` �
r ood
runs $850.
�Irlr 3�
CAD FLEETWOOD 85 18K mi
on new engine. Great cond.
'
great.
$
column 3spd50ask asking
1986 Toyota Corolla GTS.
Sporty car, 5spd. Asking
Asking $3,500.Call 981-2444.
00OBO. 61-11400.1
$1200. Call Lonnie
FORD ESCORT WAGON
Cadillac Brougham, '90, RW
* yF yt *
989-6111 or 989-6121.
$750.OR BEST OFFER.
drive, leather, loaded, excellent
Grand Marquis LS Mercury
SOLD.
condition. $4650. 987-1193.0
1998. 943-1968. 0
Honda Prelude SI 5 speed
P
roof new stereo white/black
Chrysler Imperial, '93.
Leather seats, 4 dr, fully
Honda Accord LX, '87. 4 dr,
brown,
REPO -Plymouth Horizon,
pay off full bal. of $667
maculate. $5,000. 928-2765
equipped. $5995. 961-3117. 0
auto, 115k. Good care.
Cal; Scott, 943-6117. 0
Eagle Auto. 964-6800
997 CHEVY
K2500
X-Cab - Diesel
ill Damien 626-2641
4_.
Nissan Maxima
er Windows & Locks,
ii, Tilt, Cassette, Auto.
Was $23,510
NOW $19,968
971.6363 Or Toll Free
1998 DODGE'I
DAKOTA
Reg. Cab - 4 Cyl.
Call LT 626-2641
C�JG3[I� Ml t"7'�;33
`98 Oldsmobile Achieva
Power Windows & Locks,
Cruise, Tilt, Cassette, Auto.
Was $12,375
NOW $11,397
334-971-6363 Or Toll Free
1-877-281-2548.
-�°okrt
1905 Hwy 59 S. FOLEY
1996 NISSAN
QUEST
V6 - 7 Pass. - GXE
Call Shawn 626-2641
'98 Dodge Stratus
SE
Auto., Power Equip.,
Warranty. Call Chuck At
334-971-6363 Or Toll Free
1-877-281-2548.
-u
1905 Hwy 59 S. Fi
1996 FORD
BRONCO
2Dr. -XL-4x4
Call Shawn 626-2641
'96 Ford Taurus
Power Windows & Locks,
Cruise, Tilt, Cassette, Auto.
Was $11,000
NOW $7,997
334-971-6363 Or Toll Free
1-877-281-2548.
- "MW
1905 Hwy 59 S. FOLEY
'98 Buick Skylark
Power Windows & Locks,
Cruise, Tilt, Cassette, Auto.
Was $11,900
NOW $10,900
334-971-6363 Or Toll Free
1-877-281-2548.
1905 Hwy 59 S. FOLEY
9960 Fairhope Ave.
334-990-5550 io
HOURS:
Mon. -Fri. 8:30-5:30;
Sat. 8:30=Noon
LOT FINANCING
AVAILABLE
Alice Akins Hearnsberger,
Manager_
'" TOYOTA CAM[ARY
4D. Auto. Air .................
$4,495-s�,5oo DN
.
`91 MAZDA 626
4D, 5 �pd. Air
s4,495.si,soo DN
`92 NISSAN PATHFINDER
$ 79495
5 spd, 4D V6 ...................
`88TOYOTACAMARY
4D.Auto. Air
s4,49541,504DN
191 FORD CROWN VICT,
Real Clean. Auto, Air. 4D
$4,495-$1,400 DN
`91 CHEVY S101 RUCK..
Auto. Air
54,495-si 500l)N
`88 CHEVY BLAZER S10
4x4, 2n, 5 spd. Air. .....
$
4,495 sj.soo DN
r92 CHEVY SIO TRUCK
4.0e. 5 bpd ................
$4 49541,500 DN
eca Notices
Northwest Quarter of the
Southeast Quarter of Section
estate are hereby required to
present the same within time
part (B East Bear Creek Unit
ment of ELMER P. JOHN-
Attorneys at Law
\\
32, Township 6 South, Range
allowed by law or the same
IV for Myers Properties Inc.
Project No. 606701.59. All
STON, Deceased, and moves
the Court to admit the said
P.O. Drawer 1320
Foley, AL 36536
3 East; run thence South 00°
40' 27" East, 266.00 feet to a
will be barred.
REGIONS BANK, F/K/A
persons having claims
should notify the office of
Will to Probate and Record.
You are notified to be and
0-5-15-22-29;6-5
point;8r n thence South8t
ALABAMABANKtative
Volkert & Associates, Inc., P.
appear before me, at my of-
IN COURT
HE CIRCUIT
\
t44
Iron
PerRST sonal sons)
JULIAN B. BRACKIN
Box 7 Gulf Shores,
In the Court of
DWIN COUNTY,
ALABAMA
�\
an pipe marker for the
Alabama 36540.
staid County at 10:00 a.mce
., on
point of beginningof the
Brackm & McGriff
0-5-15-22-29;6-5
the 26th day of May, 1999,
Cas No CV 99-297
INVITATION FOR BIDS
EALED BIDS, subject to
property herein described-
run thence North 85° 23' 59' t
Post Office Box 998
Foley, AL 36536
NOTICE OF PUBLICATION
when the motion will be con
ALBERTA AUSTIN,
Plaintiff,
conditions contained
West, 318.76 feet to a capped
0-5-1-8-15
IN THE CIRCUIT COURT
sidered, and show, if any-
thing you have to allege, why
y vs
ein, will be received b Y
rebar on the East ri ht-of-
OF BALDWIN COUNTY,
said paper writing should
TAX PARCEL NUMBER:
City of Foley, Alabama
it 11:00 a.m., Local Time,
way of County Road o. 9i
run thence North 110 57' 48'
Notice of Appointment
to be Published
ALABAMA
CIVIL ACTION NUMBER
not be admitted to Probate
05.32-08-24-0-000.11.00
Being more particularly
1, 1999, and then publl-
opened and read, for
East, along said ri ht-of-we.
line, 243.92 foot to a ea ed
PP
PROBATE COURT
ESTATE OF
CV 99-324
BRUCE A.4ABOR and
and Record, as thi true Last
Will and Testament of said
described as follows: From
the Northwest corner of the
r equipment and
rebar, run thence North 89°
FRANK B. LEE
ROSEMARY A. TABOR
Plaintiffs,
decedent.Southwest
Adrian T. Johns06'
Quarter of See-
Lion 24, Township 4 South,
Itne
tandard forms for bid
04" East, 283.45 feet to a
ca d rebar; run thence
PPe
Letters Testaments on
the estate of said deceased
Judge of Probate
Ran • 2 East, run South
may be obtained at the
South 03° 37' 36" West,
havin been
g granted to the
That certain unimproved real
Att rney at
Attorney at Law
aloe the linebeg
feet;
Hall 407 East Laurel
269.13 feet to the point of
undersigned on the 29th day
propertylyingand situated
fnOleBaldwin Count
Post Office Box 388
pointof
nnig
ora point of beginning;
thence run East 288flnvelopes
nus, Il ley, Alabama.
containing bids
beginning, containing 1.76
acres, more or less.
of April, 1999, by the Honor-
able Adrian T. Johns, Judge
Alabama, being more ful y
Ma nolia S rin s AL 3655e
9 P 9 p 5-8-15-22
thence run South 319 het;
st be sealed, marked ad-
Said sale is for the pur-
of the Probate Court of
described as follows: 200' x
thence run Went 288 feet to
ased asfollows, and de
Pose of paying said indeb-
Baldwin County, notice is
200' Dogwood Dells, Subdiv-
talon Bfoek B, Lot 1 2
STATE OF ALABAMA
the Section line; thence run
319 feet to the
red to the City of Foley:
ds for Y2K Computers".
tedness, the charges pro-
vided for In the mortgage
the
hereby given that all persons
having claims against said
and
Section 24-7-2, Deed Book,
Page 429. For more detailed
BALDWIN COUNTYNorth
MORTGAGE
point of
beginning EXCEPTING
THEREFROM A STRIP OF
The City of Foley reserves
• right to reject any or all
and costs of the sale, n-
tie dsngea reasonable after-
estate are hereby required to
present the same within time
ictive
dM'IsctrBook
FORECLOSURE NOTICE
There exists and contin•
WIDE
THELANDWEST15 ESIDE
ds and to waive any Infor•
Y' ff
COLONIAL
allowed by law or the same
covendescriants, seation
cove, Page 0484 in Office
uos to exist a condition of
OFT THE
ABOVE DESCRIBED LOT;
silty in bids received.
BANK,
will be barred.
9 the
default on the following de-
City of Foley,
Mortgagee
JENNIE L. BROOKS
of the Judge of Probate of
scribed real property which
WHICH IS HEREBY RE -
Alabama
JULIAN B. BRACKIN
Personal Representative
Baldwin County, Alabama;
Is secured by Ilan memoria-
SERVED FOR A PUBLIC
0-5-15.22
Attorney at Law
OLIVER J. LATOUR
Baldwin County Bank, aka
Iized in the Vendor's Lien
ROAD.
BRACKIN & MCGRIFF, P.C.
Attorney at Law
SouthTrust Bank, NA, J.B.
Deed from MARK STEWART
ALSO LESS AND EXCEPT
MORTGAGE
Post Office Box 998
Post Office Box 1598
Jones Timber Co., Inc.,
to CAROL E. WEEKS, a wi-
THAT PARCEL OF LAND
FORECLOSURE SALE
Foley, AL 36536
Foley, AL 36536
Bayou Concrete, Construc-
dow, recorded in Real
CONVEYED IN DEED BOOK
Default having been made
334/943-4040
0.5-8-15-22
tion Material Limited, Inc.,
Property Book 824, pages
NS 196, PAGE 470; From the
Northwest
the payment of the Indeb.
dtness that
Attorney for Mortgagee
05-1-8-15
Notice ofAppointment
aka Construction Material
Aduth
1034rchants, at seq., and the as-
signment of said rights
corner of the
Quarter
Son
mort sured e executed to
9
to be Published
PROBATE COURT
t ustment'SeniiceeJo Ann
thereunder b instrument
y
24eTow Township South,
Range 2 East, run South
9
moron- rown Company
iha 27th day of January,
MORTGAGE
FORECLOSURE NOTICE
ESTATE OF
E. and Dan D. Wilson.
Defendants
executed by CAROL E.
WEEKS as Grantor and
theSectionIblongeinn08.7
86, by John Owen Good
n and wife, Jacquelyn S.
Default existing and con-
DELTA LOUISE MONTI
Letters of Administration
NOTICE OF PUBLICATION
The Defendants in the
IRENE N. TROTTER as Gran
test;along
of
thence run East 288 fait;
odwin, and recorded In
tinuin to exist in the pay-
ment gof the indebtedness
on the estate of said
above styled action, who are
too of all the rights toreceive
payments for a period of 20
thence run South 176.5 feet;
al 236, Page 1656 and re-
in Real 239, Page
described in and secured by
deceased dersigned n-
gg
tied to the un
unknown, must answer
qquarters and to have the fur-
the Section hence run West288 feet to
thence run
ord•d
1; said mortgage trans-
that certain mortgage date
Appril 5, 1996, from CLOVE-
the 27th day of April, 1999,
by the Honorable Adrian T.
bor's comBruce plaint to tit a
P q
at right to exercise any and
all rights In said Vendor's
North 176.5 feet to the point
of beginning.
red and assiggned to
careen Lehman Mortga a
TTE Y. PITTS joined by her
son, JAMES t5. OTTENS and
Johns, Judge of the Probate
by the 21st day of June, 1999
or, thereafter, a Judgment by
Lien Daed, said assignment
being recorded In Real
g g and
mpanyy and recorded in
CLIFFORD, a/k/a CLIFF
Court of Baldwin County, no-
tic. is hereby that all
default may be entered
them in Case No. CV
propperty Book 824, Page.
THE HEIRS AND NEXT OF
KIN OF GEORGE W. AUSTIN
al 0293, Page 0391; said
rtgags transferred
PITTS, to COLONIAL BANK
given
Persons having claims
against
9 -324 Circuit Court of
1039, et say. of the Baldwin
AUSTIN, AND MARK
and
igned to MldFlrst Bank
and recorded In Real Prop-
erty Book 679, age 523, at
against said estate are
hereby to
Baldwin County, Alabama.
DONE this
t day
County, Alabama Probate
Records. Notice. is hereby
V. AU
V. AUSTIN, DECEASED AND
HOSE AD.
recorded in Real 765
e 0585; at seq., In the Of-
se of the Baldwin County,
Alabama Probate Records,
required present
the same within time allowed
14th of
April, 199
p
g Ivan that IRENE N. TROT-
TER shall, under the Power
DF� SS S' AREWUNKNOWN
AND
of the Judge of Probate
a[ In County, Alabama,
notice Is hereby given that
COLONIAL BANK
barred, law or the same will be
Jackie N. Calhoun
C ark
of sale contained In said real
ANY AND ALL UNK-
NOWN PARTIES, including
undersigned, as Mort-
will, under
the power of sale contained
JEROME CARMELO MONTI
Bruce A. Tabor and
estate mortgage, sell at pu
blic auction for cash, to the
any persons claiming any
oe or Transferee, under
by virtue of the of
in said mortgage, sell at pub
Personal Representative
STEPHEN M. MIDDLETON
Rosemary A. Tabor
pro se
highest bidder, at the front
present interest therein and
includingan person claim -
y
power
• contained In the said
lic auction for cash, to the
highest bidder, at the front
Attorney at Law
Post Office Box 1511
20611 Keller Road East
door of the Baldwin Count y
Courthouse at Bay Mill
ing any future, contingent,
reversionary, remainder, or
rtgagge will sell at public
cry fo the highest bidder
door of the Baldwin Count
Courthouse at Bay Minetta
Foley, AL 36536
Foley, Alabama 36535
0-5-1-8-15-22
Alabama, during the toga)
hours of sale on the 9th de.
other Interest therein, who
cash in front of the main
ranee of the Baldwin
Alabama, during legal hours
0-5-8-15-22
of June, 1999, the following
9
may claim any Interest in the
above described property,
unt , Alabama, Court-
y
sa In the City of Bay Min-
of sale on June 1, 1999, the
fotlowin described property
STATE OF ALABAMA
described real property Jo-
cated in said county, to -wit:
Defendants.
NOTICE OF PUBLICATION
Baldwin County, Ala-
located fn said County:
Notice of Appointment
COUNTY OF BALDWIN
Commencing at the North-
You are hereby notified
a, on the 1st day of June,
Commence at an Iron pipe
marker at the center of the
to be Published
PROBATE COURT
PROBATE COURT FOR
SAID COUNTY
east corner of Section 4,
Township 8 South, Range 3
that the above styled action
9, during the legal hours
ale the following real es-
North boundary line of the
Northwest Quarter of the
ESTATE OF
GLADYS G. SMITH
this 21st day
of April, 1999
East, Baldwin County, Ala-
bill thence South 00° 00'
seeking quiet title to said
property is due the Plaintiff.
situated in Baldwin
Southeast Quarter of Section
Letters Testamentary on
NOTICE OF PUBLICATION
00" East 474.40 feet; thence
The Complaint was filed In
4 Alabama, to -wit:
ot 28 of East Gate Estates
32, Township 6 South, Range
3 East; run thence South it
the estate of said deceased
having been granted to the
TO PROBATE WILL
TO: BILLY WAYNE
North 89° 57' 18" West 40.00
feet to the West right-of-way
the Baldwin County Court-
house Baldwin
or about Cour -
ecorded in Map Book 11,
e 42 of the records of the
40' 27" East, 266.00 feet to a
point; run thence South 87°
undersigned on the 30th day
of April, 1999, by the Honor-
RICHARDSON and
LATASHIA RICHARDSON
of County Road No. 49 and
the Point of Beginning of the
and that by virtue of Order
for
for Service b b Publication
ge of Probate, Baldwin
48' 41" West, 104.44 feet to
able Adrian T. Johns, Judge
BISHOP
parcel heroin describedi
entered b the
Y
nty, Alabama.
an Iron pipe marker for the
of the Probate Court of
You will hereby take no-
thence South 00° 00' 00'
court, you are hereby com-
as sale is made for the
ose of payingthe indeb
point of beginning of the
property herein described;
P Y
Baldwin County, notice is
tics, that on this day came
MILDRED REBECCA RI-
East 449.28 feet along said
rlght-of-we. • thence North
manded and required to file
with the clerk of the court
ess secure by said
run thence North 85° 23' S9"
hereby given that all persons
having claims against said
CHARDSOrt and produced
g yy
89° 57' 18" West 1458.03
and to serve upon the Plain-
gage, as well as the ex-
es of foreclosure.
West, 318.76 feet to a capped
rebar on the East right -of-
g
estate are hereby required to
P resent the same within time
to the Court a pa r writing
pur orting to be the Last Will
feet; thence North 00° 00' 00"
East 449.28 feet; thence
tiff's attorne JAMES H.
y
SWEET, Post Office Box 537,
Daphne, AL 36526,
Mortgages Bank
Mortgagee or
we. of Count Road No. 9
Y Y t
run thence North 11° 57' 48'
allowed rr law or the same
will be barred.
an Testament of MALCOLM
RICHARDSON, Deceased,
South 89° 57' 18" East
1458.03 feet to said right -of-
an an -
swer to the Complaint b
P y
Transferee
K A. PICKENS, P.C.
East, along said right-of-way
line, 243.92 feet
JEFFREY W. CRABTREE
and moves the Court to ad-
mit tho said Will to Probate
way and the Point of Begin-
21st day of June, 1999.
Jackie N. Calhoun
79
to a capped
PP
rebar, run thence North 89°
Personal
Personal Representative
N. CROSBY
and Record.
nin gg
SUBJECTTO:
Clerk of Court
Box 59372
Ingham,
06' 04" East, 283.45 feet to a
Stone, ig&Crosby
You are notified to be and
before
1. Oil, gas and mineral
D-5.1-6-15.22
me 35259
capped rebar; run thence
South 03° 37' 36" West,
Highway 5
appear me, at my of-
flce in the Court House of
lease from Emily B. Weeks or
Carl D. Doehring dated Au-
Notice of Appointment
933-1169
no for Mortgagee
269.13 feet to the point of
beginning, containing 1.76
Foley, 5 y, Alabama 3 35h
0-5-8-15-22
said County at 9:00 a.m., on
the 26th day of May, 1999, in
gust 4 1972, and recorded in
Deed Rook 429, 995.
to be Published
PROBATE COURT
referee
0.5-1-8.15
acres, more or less.
Said sale is for the pur-
Notice of Appointment
to be Published
the Foley Satellite Court-
house, when the motion will
page
2. Rights of the United
States of America, State of
ESTATE OF
DOROTHY DARROW
MORTGAGE
tednessose f, paying
chargessaid n pro-
PROBATEESTATE OF COURT
be anything you have to aand le' of
Y 9 Y 9
Alabama or other parties In
and to the bed, shore and
STAVOLA
Letters Testamentary on
Rult
vided for In gg
EDITH ANN MCKINNEY
pp
hould not be admitted)
water of creek as shown
the, estate of said deceased
ed
having been granted to the
eECLxisting andCE
eon-
g to exist in the pay
and he costs ofthe salee(n-
cluding a reasonable attor-
the eest to tters of said deceased
to
Probate and Record, as the
ape
Riparian rights, of righ s ofac-
on the 21st r
of the Indebtedness
abed In and secured by
ney's fee.
COLONIAL BANK,
having been granted to the
of said decetrue Last dentll . Testament
cretion or rellctlon are
of Apriilg1999, y the Hononed
able Adrian T. Johns, Judge
ertain mortgage dated
Mortgagee
undersigned on the 2nd day
of February, 1998 b the
Adrian T. Johns
neither guaranteed nor In-
sured and title to no portion
of the Probate Court of
Baldwin County, notice is
st 14, 1997 from JAMES
ENS a single man,
JULIAN B. BRACKIN
Attorney at Law
Honorable Adrian f. Yoll
Judge of the Probate Court
Judge of Probate
LLOYD E. TAYLOR
of herein described land ly-
Ing below ordinary mean
hereby given that all persons
having claims against said
LOVEtrTE Y. PITTS, a
woman, to COLONIAL
BRACKIN & MCGRIFF, P.C.
Post Office Box 998
of Baldwin County, notice is
hereby given that all persons
Attorney at Law
670 S. McKenzie Street
high water mark is Insured
her
estate are hereby required to
and recorded In Real
Foley,AL 36536
having claims against said
Foley, AL 36535
.
SubT.ct to any rights -of-
present the same within time
allowed by law or the same
illy Book 771, pace
at the Baldwin
334/93.4040
estate are hereby required to
0.5-1-8-15
way, easements, restrictive
will be barred.
seq., of
Attorney for Mortgaggee
present the same within time
covenants, or reservations
SUSANNAH GALLAGHER
ty, Alabama Probate
rds, notice is hereby
0-5-1-8-15
allowed by law or the same
be barred.
STATE OF ALABAMA
COUNTY OF BALDWIN
of record in the Office of the
Personal Reppresentative
gI-
that COLONIAL BANK
Notice of Appointment
will
WILLIAM MARK
PROBATE FOR
Judge of Probate of Baldwin
SAMUEL N. CROSBY
nder the power of sale
to be Published
MCKINNEY
Personal Representative
COURT
SAID COUNTY
County, Alabama, affecting
the same.
Stone, Granada
& Crosby
ined in said mortgag.,
PROBATE COURT
ESTATE OF
DAVID J. THIES
this 29th day
Said sale Is for the pur-
Post Offie Drawer 1509
aI public auction for
to the highest bidder,
e front door of the Bald-
HENRY LOWELL KING SR.
Letters Testamentary on
Attorney at Law
post Office Box 1320
of April, 1999
NOTICE OF PUBLICATION
TO PROBATE WILL
pose of paying said Indeb
tedness the charges ro-
Bay Minetta, AL 36507
D-5.1-8-15
Foley, AL 36536
vided for in the Vendor's
County Courthouse at
Minetta, Alabama, dur-
the estate of said deceased
having been granted to the
0-5-15-22-29
TO: FRED HOLLY AND ANY
AND ALL UNKNOWN HEIRS
Lien Deed and Assignment
and the costs of the sale, in-
NOTICE OF SALE
Chev-
Abandoned 1olot
lei a11999,hours
the fsale followingn
of Apn191999ned �by the Honon the 26th r
NOTICE COMPLETION
hereb taND NEXT ke KIN
AYouLAW
eluding a reasonable actor•
p985
1GCFC24H3FF401366;1 sale
ribed property located
able Adrian T. Johns, Judge
Notteeis hereby that
Calvert Construction, 8590
wiU
lice, that on this day cam•
ney'a fee.
date: 05-29-99; by Weeks
aId County:
of the Probate Court of
Bayvlew Drive, Foley, Ala.
AMANDA SMITH MADDOX
L. P. SUTLEY
Attorney for
Bast Reserveou
ommence at an Iron pipe
Baldwin County, notice is
bama 36535, has completed
and produced to the Court a
Irono N. Trotter
owner's name:d
rker at the center of the
hereby given that all persons
all work on the construction
ppaper writing purporting to
OF COUNSEL:
Ridgecrest Development Inc.
rth boundary line of the
having claims against said
of Water and Sanitary Sewer
be the Last lNlll and Testa-
MURCHISON & SUTLEY
D-5-8-15
t 11 . .
0