HomeMy WebLinkAboutO-1052ORDINANCE NUMBER 1052
AN ORDINANCE AMENDING THE FAIRHOPE ZONING ORDINANCE RELATING TO THE R-6
MOBILE HOME PARK DISTRICT:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that all of
Section 6.7 Special Requirements for Mobile Home Districts be and the same hereby is deleted in its
entirety and the following provisions shall hereafter govern and regulate the location of mobile home
parks and the placement of mobile homes therein:
SECTION V.
5.6 R-6 - Mobile Home District.
5.61 Park or Subdivision Size, Density, Lot Width:
1. Minimum Site: Five (5) Acres
2. Maximum density: Ten (10) spaces per net residential acre exclusive of one each walkway
and open area per lot space.
3. Minimum required frontage on major traffic artery: 100 feet
5.62 General Development and Service Requirements:
5.621 In addition to city requirements, water, sewerage, garbage and trash disposal shall meet all
requirements of the county health department, as applicable.
5.622 The mobile home area and the mobile homes and other structures therein shall conform with
local and state standards for fire protection and control, electrical and plumbing codes and other codes
and ordinances, as applicable.
5.623 All lots shall have direct access to roads or streets maintained by the public and having a width of
not less than twenty (20) feet and a right-of-way of not less than fifty (50) feet. Provided, however,
written variance to this requirement may be granted by the planning commission upon convincing
evidence of an undue hardship imposed.
5.624 All streets and public driveways within the park shall be lighted at night with illumination
according to plans approved by the Fairhope Electric Department.
5.625 There shall be provided a recreational area or areas within the park, restricted to recreational use.
The developer shall have the burden of showing that such area is reasonable for the size park proposed
and the plan shall require approval by the planning commission.
5.626 A buffer strip may be required by the planning commission where the commission determines
that the park proposed is incompatible with adjoining properties.
5.63 Individual Lot and Structure Requirements:
5.631 Every mobile home lot shall be connected to public sewer and shall have a minimum area of
4000 square feet and a width of 40 feet at the front setback line, but in no case less frontage on its access
street than that required for a driveway allowing maneuvering of a mobile home onto the lot. All lot
corners shall be marked by permanent monuments.
5.632 Mobile homes shall be setback a minimum of twenty-five (25) feet from the access street and
not less than ten (10) feet from any other lot line. Except for special cluster arrangement plans approved
by the commission, no mobile home shall be located nearer than twenty (20) feet to any other mobile
home.
5.633 Each mobile home space shall contain one patio of concrete or other suitable impervious material
with a minimum area of 150 square feet and a pad of gravel or concrete equal to or greater than the
dimensions of the mobile home to be located thereon, but in no case less than ten (10) by forty (40) feet.
5.634 Other permanent structures located within any mobile home park shall be used for storage
purposes only, shall contain a maximum area of eighty (80) square feet, shall not be nearer than six (6)
feet from the mobile home, and not less than five (5) feet from the side or rear lot line.
5.635 No permanent addition of any type shall be built onto or become a part of any mobile home.
Provided, however, that addition of a patio or carport cover shall be permitted if not permanently
attached to the ground by any manner other than required tie -downs for resistance to wind uplift. Such
covers shall be of a design similar to that of the mobile home to which attached.
5.636 All mobile homes shall be secured against uplift or overturning by winds by means of tie -downs
conforming to applicable regulations and manufacturers recommendations.
5.64 Application for Mobile Home Park, Plan Required:
5.641 Application to the planning commission for use of land as a mobile home park under this
ordinance shall be accompanied by a development plan showing compliance with provisions herein.
5.642 The initial application shall be in writing, signed by the applicant and shall include the following:
1. Location and legal description, indicating uses of surrounding property
2. Detailed map of area with dimensions, contours a two foot intervals and area drainage
3. Plan showing access streets and connection with traffic artery, lot layout, recreational areas
and facilities, buffer zone/s and green belt with planting as proposed screening
4. Plans for sewage disposal, street paving, drainage and such other information as commission
may reasonably require.
5. Plans and specifications for all buildings, improvements and facilities to be constructed
within park
6. Six copies of all plans and information accompanying the application and the application
itself shall be submitted to the commission.
7. Where sale of lots is contemplated, no plan shall be finally approved until after final approval
of the subdivision by the planning commission.
5.65 Conflict With Other Regulations:
5.651 Whenever there is conflict between the provisions herein and those of other statutes, ordinances or
codes, the more restrictive requirement shall govern.
All parts of this ordinance are severable from all other portions thereof and in the event that any court
shall find any provision hereof to be invalid or unconstitutional, such finding shall not affect other parts
or provisions hereof.
This ordinance shall take effect upon its due adoption and publication as provided by law.
ADOPTED THIS THE LOTH DAY OF MAY , 1999.
ATTEST:
Geniece W. Johnson, Cify Clerk
dJains P. Nix, yor `
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
[Weekend Edition (includes The Fairhope Courier, The
Onlooker,
The Islander, and The Bulletin)
Publication Date Cost: words/inches x rate
5-15 1)LIP X.ILp
T TAL:$ 119.5o
Legal Ad Representative
Gina Lindell
BILL TO:
ATTN:
P.O./File Number
FOR OFFICE USE ONLY /
Paid ...................... Unpaid ...............
..............
Account No. i a
Gulf ^ Newspapers
P.O. Box 509
Robertsdale, AL 36567
Phone (334) 947-7712
state of Alabama
County of Baldwin
Sworn to and subscribed before me
this
day of
19 9
Notary/Public, Baldwin County, Alabama
MY COMMISSION EXPIRES MAY 22, 2002
ORDINANCE NUMBER 1052 5.641 Application to the planning comnussion for use of bud as it mobile home Palk under this
AN ORDINANCE; AMENDING 1liE FAIRFIOI'L ZONING OKDINAN('ll RILAI'ING'I'O'I'lIE H-6 ordinance shall be accompanied by a development plan showing compliance will, provisions herein.
MOBILE HOME PARK DISTRICT: 5.642 The initial application shall be in writing, signed by the applicant ;unl shall include the lidlowing:
131.:IT ORDAINED 13Y TIIE C'I'IY COUNCIL OI; H Ili CH Y OF FAIRI1OPIf, ALABAMA, that all of
Section 6.7 Special Requirements for Mobile home Districts be and the same hcrchy is deleted in its
entirety and the following provisions shall hereafter govern and regulate the location of mubile home
parks and the placement of mobile homes therein:
SECTION V.
5.6 R-6 - Mobile Honnc District.
5.61 Park or Subdivision Size, Density, Lot Width:
I. Minimum Site: Five (5) Acres
2. Maximum density: Ten (10) spaces per net residential acre exclusm c of tine each walkway
and open area per lot space.
3. Minimum required frontage on major ualTrc artery: 100 list
5 62 General Development and Service Requirements:
5.621 In addition to city requirements, water, sewerage, garbage and (rash disposal shall mccl all
requirements of the county he:dlh depatmenl, as applicable.
5.622 The mobile home area and the mobile homes and other snuclures llerem shall conl'onn with
local and slate standards for fire protection and control, electrical and plumbing codex and other codes
and ordinances, as applicable.
5.623 All lots shall have direct access to roads or streets maintained by file public and having a width of
not less than twenty (20) feet and a right-of-way of nut less than filly (50) feel. Pto%idcd, however,
written variance,lolhis requirement may be granted by the planning connnissi)n upon convincing
evidence of an lmdue'l ardship imposed.
5,624 All sbaets and public driveways within the Park shall he lighted al night o ifh illumination
according to plans approved by.lhc Fairhope Electric Depaltnunt.
5.625 There shall be provided a recreational area or areas within the pak. «sensed to recreational use.
The developer shall have the burden of showing that such area is reasonable I'w lbc sire park proposed
and the plan shall require approval by the planning commission.
5.626 A buffer strip may be required by the planning commission where file commission detemnines
that the park proposed is incompatible wilhpdjoining properties.
5.63 Individual Lot and Structure Requirements:
5.031 Every mobile home lot shall be connected to Public sewer and shall hm c a ntininlum area of
4000 square feet and a width of 40 feet at the front setback line, but in no case less floorage on its access
street than that required for a driveway allowing maneuverutg of a mobile hone unto the lot. All lot
corners shall be marked by permanent monuments.
}
5.632 Mobile homes shall be setback a minimum of twenty -live (25) feel Item the access street and
not less than ten (10) feet from any other lot line. Except for special cluster w ratgenhent plans approved
by the commission, no mobile home shall be located nearer than twenty (20) 1ecl Ili any other mobile
home.
5.633 Each mobile home space shall contain one patio of concrete or )filer suilnble impervious material
with a minimum area of 150 square feet and a pad of gravel or concrete equal it) tit greater than the
dimensions of the mobile home to be located thereon, bill in no case less than fell ( I0) by,l'urly (40) feet.
5.634 Other permanent structures located within any mobile home park shall be used for storage
purposes only, shall contain a maximum area of eighty (80) square feel, shall not be nearer than six (6)
feel fionh the mobile home, and not less than live (5) Icel f cull the side ur rear lot line.
5,635 No permanent addition of any type shall be built onto or become a plot of any mobile home.
Provided, however, that addition of a patio or carport cover shall be perniued Knot permanently
attached to the ground by any manner other than required tie -downs fur resistance to wind uplift. Such
covers shall be of a design similar to that of the mobile home to which mlached.
5.036 All mobile homes shall be secured against uplin or overturning by winds by means of lie -downs
convnning 10 applicable rtgukrli onamf mumrl'acrrers reetmtinendafioil.s
5.64 Application for Mobile Hume Park, flan Required:
I Location and legal description, indicating uses of surrounding property
2. Detailed map of area with dimensions, contours a Iwo fool intcn aIs :aid area drainage
3. Plan showing access streets and connection will) traffic "I rely. lul layoul, recreational areas
and facilities, buffer vunas and green belt with planing as proposed s"eviling
4. flans for sewage dislxrs.d, sleet paving, drainage and such libel btlinnnliou Its. conuntssion
may reasonably require.
5. Plans and specifications for all buildings, improvements:md htcillics at be constructed
within park
6. Six copies of all plans and information accompanying the application and the application
itself shall be submitted to the commission,
7. Where sale of lots is contemplated, no plan shall be finally;goprorrd unfit utter final approval
of the subdivision by the planning commission.
5.65 Conflict Will) Other Regulations:
5.651 Whenever there is conflict between the provisions herein and those of olbel slaltucx, ordinances or
codes, the more restrictive requirement shall govern.
All parts of this ordinance are severable from all other portions thereol'mul in the er cal that any court
shall find any provision hereof to be invalid or unconstitutional, such finding shall ool al"tint other parts
of provisions hereof.
This ordinance shall take effect upon its due adoption and publication as prat idcd h) law
ADOPTED THIS THE 10TH DAY OF MAY 1999.
Jam s P. Nix. . Vol
A'f"f EST: +
4eniece W. Johnson, C' Clerk G5-15
FAIRHOPE PLANNING COMMISSION /J/
FINAL REPORT OF ZONING AMENDMENT 3// lq y
_VText Change to Zoning Ordinance a` '"�`" �J '
Request for change of Zoning District
By:
(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:
_L'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 Council adopt an ordinance
implementing the proposed changes as provided by law.
Members Present Voting Aye Voting Nay Abstain
. CAA,,\) Y,
--X
—X.
N
—`
Respectfully submitted:
�z 12
Ch irman
Rev. 9/98
.�4
CITY OF FAIRHOPE
CITY COUNCIL COVER SHEET
May 10, 1999
Public Hearing to Consider Amending the R6 Mobile Home District
Regulations Contained in the Zoning Ordinance.
Mr Rnh I i incfnrri Ratirari pinning Director, worked to draft an Ordinance that-?T.QnHCZ
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) Minimum District size is 5 acres.
2) That each lot for a Mobile Home must have access to public street.
3) Each mobile home must be connected to public sewer.
4) Tie downs according to manufacturers regulations must be provided.
5) All streets shall provide streetlights in accordance with Electric Department
standards.
6) Front setback of 25 feet.
This Ordinance has been advertised in accordance with State Law; to date no
comments have been received.
STAFF RECOMMENDATION:
To approve the Amended Mobile Home Ordinance.
Resp ctfully Submitted for Consideration,
Christopher D. Baker
Director of Planning and Building
Legal Notice���i��
Continued from previous page
2. Sari, documents as will assure that all non -dedicated improvements in the plan intended for use of
misidenu and open spa, pads, and landscaping, as well as recreational equipment and fatalities shall
be serviced and inamumed in perpetuity.
3. That no ftaine changes in the development shall be made which would encroach or intrude upon the
Ind used to comply with the requirements bens on any manner.
4. That all easements for private drives, utilities, drainage or other purposes shall be kept perpetually open
for any public Purpose.
5. Thu no building permits for buildings or structures requiring frontage upon a public strut shall issue
omid all stteas and atilities dedicated to the public are complete in place and the city council has, by
resolution, accepted such greets and utilities for public maintenance. Whether or net on a public Street,
no permit for my building or =net a shall issue mud an Support fadliaes, including drives, per&
Whties and drainage. are complete in place with provisions for maintenance on perperoury.
6. That the interim final plan Shan be subject to continuing commission review as provided in Section 6.76
above. Provided, however, that if the we& under any interim plan is not diligently pursued or that the
wodt is abandoned for a period of nnery (90) or more ealmdar days, the city may suspead the plan and
the work for a length of time suffident 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 shag be clearly marked on it's fate: "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 Prelimmary Plan and an eas,ring Interim Final Plans
which were approved m the comae of project review. mcloding any subdi. of Ind. The final development
Plan when submitted for approval Shan be accompanied by a copy ofthe approved prekodstary plan, a copy of each
approved interim foul plan and a copy of any recorded sabolivison plats recorded in connection with the planned
unit development Copies of all written agreements shall be submitted as was approved at each step of the
process. All requirements for mteriin Plan approval also apply to approval of the Final Development Plan. in
addition thereto, the fonowtitg requirements shall apply.
L The Final Development Plan, idmtified as such, shall bar npon its fora the arafication of the developer and
his engineer/atic itec that the improvements igvolved in the planned unit development have been completely
inualled in compliance with all requirements and that the plan as sobad far final approval is Substantially
complete and correct in its entirety. Reference shall be made to any anbdivision recorded in connection with the
Planned unit d svelopment and to recording of all daumments establishing maintenance provisions for
improvements within the planned unit development
2 That: shall be provided on the face of the Final Development Plan a ratification for the approval of the
Fautiope Pluming 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 bum date of appmval, case the Final Development
Plan to be recorded in the Probate Records of Baldwm County, Alabama or the approval shall be void. The
developer, at time of recording, shall have one reprodaable copy of the Final Development Plan date and time
samped by the clerk of the Baldwin County Probate Coon and shin deliver the same to the Fairhope City Cietic
for reeordm9 in the city's records.
C-3-20
PROPOSED ORDINANCE
AN ORDINANCE AMENDING THE FAIRHOPE ZONING ORDINANCE RELATING TO THE R-6 MOBILE
HOME PARK DISTRICT:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF FAIRHOPE. ALABAMA that all of Section
6.7 Special Requirements for Mobile Home Districts be and the same hereby is deleted in its entiret and the
following provisions shall hereafter govern and regulate the location of mobile home parks and the placement of
mobile homes therein:
SECTION V.
5.6 R-6 - Mobile Home District.
5.61 Park or Subdivision Size, Density. Lot Width:
1. Minimum Site: Five (5) Aces
2. Maximum density: Ten (10) spaces per net residential acre exclusive of one each walkway and open
area per la space.
3. Minimum required frontage on major traffic artery: 100 fat
5.62 Cenral Development and Service Requirements:
5.621 in addition to city requirements, water, sewerage, garbage and trash disposal shall meet all requirements of
the county health deportment, as applicable.
' 5.622 The mobile home area and the mobile homes and other structures therein shall conform with local and
state standards for fire protection and control, electrical and plumbing codes and other codes and
ordinances, as applicable.
5.623 All lots shall have direct access to made or stmets maintained by the public and having a width of not less
than twenty (20) fat and a rightof-way of not less than fifty (50) fat. Provided, however, written
variance to this requirement may be granted by the planning commission upon convincing evidence of an
undue hardship imposed.
5 624 All Streets and public driveways within the park shall be lighted at night with illumination according to
plans approved by the Fairhope Electric Department.
5.625 Them shall be provided a recreational area or arils within the park restricted to recreational use. The
developer shall have the burden of showing that such area is reasonable for the sire pork proposed and the
plan shall require approval by the planning commission. -
5.626 A buffer grip may be required by the planning commission where the commission determines that the park
proposed is incompatible with adjoining properties.
5.63 Individual Lc and Structure Requirements:
5.631 Every mobile home lot shall be connected to public sewer and shall have a minimum arc of 4tw0 square
feet and a width of 40 feet at the front setback line, but in no rase less frontage on its access Sven than
ilut required for a driveway allowing maneuvering of a mobile home onto the lot. All lc comers shall be
marked by permanent monuments.
5.632 Mobile homes shall be setback a minimum of nvenrv-five (25) fen from the access street and not less than
ten (IO) fen from env other lot line. Except for special chatter arrangement plans approved by the
commission. no mobile home shall be located nearer than twenry (20) feet m am' other mobile home.
5.633 Each mobile home space shall contain one Patio of concrete or other suitable imperious material with a
minimum area of 150 square fat and a pad of gravel or concrete equal to or grater than the dimensions
Of the mobile home to be located thereon, but in no case less than ten (10) by forty (40) fat.
5.634 Other permanent structures located within any mobile home Park shall be used for storage purposes only,
shall contain a maximum area of eighty (80) square feet shall not be nearer than six (6) fat from the
mobile home, and not less than five (5) feet from the side or ear lot line.
5.635 No permanent addition of any type shall be built onto or become apart of any mobile home. Provided
however, that addition of a patio or carport cover shall be permitted if not permanently attached to the
ground by any manner other than required tie -downs for resistance to wind uplift. Such covers shall be of
a design similar to that of the mobile home to which attached
5.636 All mobile homes shalt be secured against uplift or overturning by winds by mans of tie -downs
conforming to applicable regulations and manufacturers recommendations.
5.64 Application for Mobile Home Park, Plan Required:
5.641 Application to the planning commission for use of land as a mobile home park under this ordinance shall
be accompanied by a development plan showing compliance with provisions herein.
5.642 The initial application shall be in writing, signed by the applicant and shall include the following:
1. Location and legal description. indicating uses of surrounding property
2. Detailed map of area with dimensions, contours a two foot intervals and area drainage
3. Plan showing access streets and connex tion with traffic artery, lot layout, recreational areas and
facilities, buffer ronc/s and green belt with planting as proposed screening
4. Plans for sewage disposal, street paving, drainage and such other information as commission may
reasonably require.
5. Plans and specifications for all buildings. improvements and facilities to be constructed within park
6. Sic copies of all plans and information accompanying the application and the application ituif shall
be submitted to the commission.
7. Where sale of lots is contemplated no plan shall be finally approved until after final approval of the
subdivision by the planning commission.
5.65 Conflict With Other Regulations:
5.631 Whenever there is conflict between the provisions herein and thou of other statutes. ordinances or codes.
the more restrictive requirement shall govern.
5.66 Existing Mobile Home Parks:
5.661 Where there exists a non -conforming mobile home park, provisions herein shall not apply to existing lots
therein axmpt for required setbacks upon replacement of existing mobile homes. Whenever a mobile home is
replaced by another unit, the new unit
shall conform to setback requirements herein unless the Board of
Adjustments and Appeals shall have granted a hardship variance from such requirements. in cases where a mobile
home lot has existed fora period of Lime such that any unit manufactured to current standards will not fit within
the boundaries of Such Ice. then the km
shall net be used except for recreational
type vehicles which will conform to
setback requirements or variances thereto.
END OF PROPOSED .ORDINANCE
C-3-20
FORECLOSURE NOTICE
house at Bay Minatte, Ala-
C-3-13-20-27
Default existing and con-
bama at 12:00 noon on the
tinuing In compliance with
29th day of March, 1999, the
FORECLOSURE NOTICE
the conditions described In
and secured by that certain
following described property
located in Baldwin County,
Default having been made
In the payment of the Indeb-
mortggagge from IDEAL DIRT
Alabama:
tedness described In and
6 SAND CO., INC., to MA-
The Northwest One-
@*cured by that certain
TTHEW P. DIAL JR. AND
Quarter (NW Y4) of the
Mortgage executed by
DORIS S. DIAL, dated the
Southwest One -Quarter (SW
Theresa C. Calloway aka
29th day of October, 1996,
and recorded In Real Prop.
arty Book 718, Pages
Y4), Section 33, Township 6
South, Range 3 East, Bald-
win County,Alabama.
Theresa Falrcloth, a married
person, to Magnolia Federal
Bank
402-406, of the records In the
Said "Is Is for the pur-
for Savings, dated the
14th day of September, 1995
office of the Jud�a of the
Probate Court
Pose of paying said Indeb-
tedness, the
and recorded In Real Prop.
of Baldwin
County, Alabama, notice Is
charges pro-
vided for In said mortgage,
in-
erty Book 646, Page 1814 of
the records In the Office of
hereby given that the mort-
and the cost of sold safe,
the Judge of Probate of
gagers will, under the power
of sele contained In said
eludingp a reasonable attor-
nay's1".
Baldwin County, Alabama;
which mortgage was subset
mortgage, sell at public auc-
tion for cash to the highest
Holder of said Mortgage
ROB DENNISTON
qquently assi nod to Maggna
company K
bidder at the faont door of
BRO ENS, P.C.
Mortga a
{!Man Planters PMAC, Inc.
the Baldwin County: Court-
neygforthe
by Instrument recorded In
'
Mortgagees
the records In the Office of
Iron pin for the point of be.
ginning; thence continue
outh 89 degrees, 57
minutes, 08 seconds East
139.2 feet to an Iron pin;
thence run North 00 degrees,
11 minutes, 30 seconds Wait
180 feet to an Iron pin;
thence run North 89 degrees,
57 minutes, 08 West 139.2
feet to an Iron pin; thence
run South 00 degrees 11
minutes, 30 seconds least
180 fast to the point of be-
ginning. Together with a 20
foot ingress and egress
easement described as fol-
lows: From the Southeast
corner of Section 10, Town-
ship 5 South, Range 2 East,
Baldwin County Alabama,
run North 89 regress, 57
minutes, 08 seconds West
along the South line of said
Section, 1,817.1 feet to a
point; thence run North 00
degrees, 10 minutes, 39 "c-
ondo West 30 feet to a point
on the North right of way line
of Pleasant Road for the
point of beginning; thence
continue North 00 degrees,
10 minutes, 39 seconds West
382 feet to an Iron pin;
thence run South 89 de-
grees, 57 minutes, 08 sec.
antis East 355.68 feet to an
Iron pin; thence run North 00
regress, 11 minutes, 30 sec-
onds West 20 feet; thence
run North 89 degrees, 57
minutes 08 seconds West
375.68 loot to an Iron pin;
thence run South 00 de-
grees, 10 minutes, 39 sec-
onds East 402 feet to said
North right of way line;
thence run South 89 de-
grees, 57 minutes, 08 sec -
ponds East, 20 fgeet to the
Lointofbfnni
ESS AND EXCEPT
From the Southeast corner
of Section 10, Township 5
South, Range 2 East, Bald-
win County, Alabama, run
North 89 degrees, 57
minutes, 08 seconds West
along a South line of saint
Section, 1,817.1 feet to a
point; thence run North 00
degrees, 10 minutes, 39 sec-
onds West; 30 feet to a point
on the North RIGHT-OF-WAY
Ilne of Pleasant Road;
thence continue North 00
degrees, 10 minutes, 39 sec-
onds West, 382 feet to an
Iron pin; thence run South 89
do
ggrees 57 minutes, 08 soc-
onds East 355.68 feet to an
Iron pin for the POINT OF
BEGINNING;
Thence continue South 89
degrees 57 minutes 08 sec_
onds East, 139.2 feet to an
Iron pin; thence run North 00
do roes, 11 minutes, 30 soc-
onds West, 180 test to an
Iron pin; thence run North 89 t
deggrees, 57 minutes, 08 sae-
onda West, 139.2 feet to an 1
Iron pin; thence South 00
degrees, 11 minutes, 30 sec-
onds_East, ISO feet to the t
C-3-20-27;4-3 Tit
C
IN THE CIRCUIT COURT
OF BALDWIN COUNTY, d
diate -action to protect your
rights. You are required to
mail or hand deliver a copy
Of a written answer either
admitting or denying each al-
legation in the complaint to
Geor s R. Irvine III, the law-
yer of the Plaintiffs, whose
address Is 7133 Stone Drive,
Daphns, Alabama 36526.
This Answer must be mailed
or delivered within thirty (30)
days from the date of the last
liublication of this notice de-
very to wit: May 10, 1999, or
a Judgment by default may
be entered against you for
the money or, other things
demanded In the complaint.
Jackie N. Calhoun
LEGAL NOTICE
Circuit Court of
Alabama,
Baldwin County,
No. CV-98-1031
Green Tree
Financial Corp.
Plaintiff
vs.
Chlpsey Garrott
Defendant
Claim:
For:
Affidavit having been filed
herein that service of
process cannot be made be-
cause either the residence of
defendant Is unknown and
cannot with reasonable dlll-
gence be ascertained, or, the
identity of defendant Is unk-
nown, or, the resident do-
fendant has been absent for
more than thirty days since
the filing of this suit, or that
defendant avoids service
and avers facts showing
such avoidance.
Now therefore said defen-
dant is hereby commanded
within thirty days after the
last publication hereof to
plead to the said complaint,
to wit: April 26. 1999.
Kent D. McPhail
Dumas get McPhail L.L.C.
126 Government 9irset
Mobile, AL 36602
OF COMPLAINT ISSUEC
OUT OF THE CIRCUIT
COURT OF BALDWIN
COUNTY ALABAMA IN
THIS WE ENTITLED "AD-
VANTA BUSINESS SER-
VICES CORP LEASING DIV."
NOTICE Is hereby given in
he above entitled cause that
on the 13th day of August
999, the above named
Plaintiff filed In the Baldwin
County Courts a cause of ac-
Ion against the above
amed Defendant for the
um of $87,977.02 plus Inter -
at.
THAT on said 11th of Fe -
via Jr., attomey for Donald
aind-
ff, filed In the above entitled
Russ an affidavit stating
rat the Defendant had been
voiding service for a period
1 excess of thirty (30) days.
NOW THEREFORE, the
came Raymond Terry Sells Is
sreby commanded to an -
Nor or plead by May 10,
i99, to the Garnishment
ad In the above entitled
cause.
WITNESS my hand this 5th
ay of March, 1999.
ALABAMA
CIVIL ACTION NO.
ATTEST
Jackie N. Calhoun,
CV-99-149
Clerk, Clrcult Court
J. C. NORRiS and
M. DONALD DAVIS JR.
HELEN L. NORRIS,
Attorney for Plaintiff
PLAINTIFFS,
Of Counsel:
VS. Siroto & Pormutt, P.C.
LANDS DESCRIBED IN THE One St. Louis Centre,
BILL OF COMPLAINT; CECIL Suits 1000
W. JOHNSON and MARY Post Office Drawer2025
LORA JOHNSON, If living,
Mobile, Alabama 36652
and If deceased, their heirs (334) 432.1671
at law and next of kin (or de- C-3.20.27;4-3-10
vises under any Last Will
and Testament which might MORTGAGE
exist
FORECLOSURE NOTICE
DEFENDANT.
Default having been made
NOTICE TO ALL PARTIES
In the payment of the Indeb-
NAMED AS DEFENDANTS
tedness described In and
INTHESUITHEREIN
secured by that certain
REFERREDTO
J. C. Norris and Helen L.
mortggagye retained by ME-
DAL LICEN, INC., as Mort-
Norrls have filed a Bill to
Qulet Title In the Circuit
gages, to PAMELA CRAN-
91AV REESE, also known as
Court of Baldwin County,
Alabama, In
PAMELA G. REESE, joined In
Came No.
CV-99-149, styled
by her husband, DOZIER P.
REESE,
above.
the Mortgagor, by
In this case the Plaintiffs
that certain mortgage dated
say they own the property
April 9th, 1990, and said da-
described as follows, to -wit:
Lot Number Seven, Isis of
fault continuing, notice is
hereby given that the under -
Pines Subdivision, accord-
signed will, under and by vir-
Ing to Map Book 5, Page 154
tue of the power of sale con -
In the Office of the Judge of
Probate, Baldwin County,
Alabama.
tained In said mortgage, sell
at public outcry for cash to
and are In peaceable pros-
the highest bidder, during
Val hours of sale, on April
session of It, and they alone
1 1999, at the Baldwin
have paid tax on this prop.
County Courthouse In Bay
arty fo't
the past twenty (20)
have
Minatte, Alabama, the follow -
years and asked the
Court
Ing described real property
to divest you and each
situated In the County of
of you of all title you may
Baldwin, State of Alabama,
own In the aforesaid pprrop•
to -wit:
stty.Anorder has been hers-
Commencing at the
tofore made and entered that
Southwest corner of Lot 16,
notice of the proceedings of
In the Norther division of
this suit be published once a
Jackson Oak Subdivision
week for four (4) consecutive
weeks In
according to the map theroof
a newspaper pub-
Ilshad In Bay Minatte,
recorded In Map Book 3,
Pages 28-29,
Bald-
win County, Alabama.
of the records
In the
If you
office of the Judge of
or any of you claim any In-
terest In any of the aforesaid
Probate, Baldwin Countyy,
Alabama; thence North 00
property you must appear
filesome
degrees 30 minutes West
andresponsive
pleading to this suit within
along the West line of said
Lot 16, a distance of 513.22
sixty (60) days after the first
feet to the point of beginning
publication of this notice,
of the property heroin de.
namely the 5th do of May,
scribed; thence continue
1999, at which time said
North 00 degrees 30 minutes
cause will stand at Issue.
Witness. my hand this the
22nd day of February
West alono said West line a
distance of 256.61 test to the
South right-of-way
1999.
Jackie N. Calhoun
of Park
Drive; thence North 89 de -
Circuit Clerk
gross 22 minutes East along
C-3-6-13.20-27
said South right-of-way a
distance of 137.5 feet;
IN THE CIRCUIT COURT
IOF N
thence South 00 degrees 30
minutes East a distance of
BALDWIN COUNTY,
ALABAMA
256•68 feet; thence South 89
CASE NO: CV-99-203
do roes s minutes 15 seo-
onds West a dloint
M. R. TORIAN and
DOMS D. TORIAN,
ginning. pointat e-
ginni g. tr the ing of be-
0:81
asCo-Executorand
Executrix under the
acres
Said - a made for t
Last Will and
the purp paying sold
Sec. 22, T2S, R3E, Baldwin
Co. AL, thence E 90 ft. to the
W R.O.W. of County Road
and the P.O.B. thence N 1D0
ft., thence W 88 ft. thence N
110 ft. thence W 32 ft. thence
S 210 ft. thence E 120 ft. to
the P.O.B., containing
15,520.00 SF more or less
subject to a 15 toot ease-
ment for Ingress and egress
described as follows begin.
ninat a point 940 ft. E of the
SWComerof SETA of NW1/4
of See. 22 T2S R3E Baldwin
Co., AL, thence N 15 ft. along
the W R.O.W. of Co. Rd.
thence W 120 ft. thence S 15
ft. thence E 120 ft. to P.O.B.
Said sale is made for the
purpose of paying the mort-
gage debt and cost of fore-
closure.
Notice of Appointment
to be Published
PROBATE COURT
ESTATE OF
DELORES LUCIOUS
Letters Testamentary on
the estate of said deceased
having been granted to the
undersigned on the 2nd day
of Mardi 1999, by the Harr
orable Adrian T Johns,
Jude of the Probate Court
of Baldwin County, notice is
hereby given that all persons
having claims against said
estate are hereby required to
Present the same within time
allowed by law or the same
will be barred.
MARK L. WILLIAMS and
JULIE D.
MOPPINS WILLIAMS
AND CALHOUN
Ifice Box 11 as
ps, AL 36533
C-3-6-13-20
Post Office Box 1201
Falrhops, AL 36533
C-3-13-20-27
Notice of Appointment
to be Published
PROBATE COURT
ESTATE OF
SUZANNE P. MCKNIGHT
Letters Testamentary on
the estate of said deceased
having been granted to the
undersigned on the 4th day
of March,
arch 1999, byy the Hon•
orable %ldrian T. Johns,
Judge of the Probate Cou,1
of Baldwin County, notice Is
hereby given that all persons
having claims against sold
estate are hereby required to
pro sent the same within time
allowed by law or the same
will be barred.
DANIEL EDWARD HUNT
and SHELLY CECILLE
HUNT
Personal Representatives
SAMUEL W. INGE
Attorney at Law
Post Office Box 1201
Fai►hops, AL 36533
C-3-13.20-27
Notice of Appointment
having
to be Published
PROBATE COURT
ESTATE OF
WILMA L. TOLLSTAM
Letters Testamentary on
the estate of said deceased
f
having been granted to the
p
undersigned on the 3rd day
of March 1999, byy the Hon-
a
c
orable Adrian T. Johns,
c
Judge of the Probate Court
r
of Baldwin County, notice Is
hereby given that all persons
having claims against said
estate are hereby required to
the
present same within time
allowed by law or the same
will be barred.
t
WILLIAM DANIEL
a
CALHOUN
P
Personal Representative
c
WILLIAM DANIEL CALHOUN
n
DUCK AND CALHOUN
N
Post Office Box IIas
It
Falrhope, AL 36533
a
C-3-13-20-27
E
Notice of Appointment
p
to be Published
A
PROBATE COURT
J
ESTATE OF
a
LARAIN B. DEMARLO
A
Letters Testamentary on
tl
the estate of said deceased
C
having been granted to the
undersigned on the 4th day
Of March 1999, byy
N
the Hon-
orable %mdrian T. Johns,
Judge of the Probate Court
of Baldwin County, notice Is
T
hereby given that all persons
P
having claims against said
J
estate are hereby reqabed to
J
Present the same within time
A
allowed by law or the same
P
will be barred.
C
ANTHONY DEMARLO,
JAMES DANIEL BOSWELL
3
SMITH and HENRY
KLIS
-
SMITH
Persona( Representatives
Boswell Smith
8370 StrasburgRoad
Pensacola, FL2514-6859
C-3.13-20-27
Notice of Appointment
to be Published
PROBATE COURT
ESTATE OF
JAMES RICHARD
t
JOHNSON
;
Letters Testamentary on
/
he estate of said deceased
t
been granted to the
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE FAIRHOPE CITY COUNCIL WILL MOLD A PUBLIC HEARING ON
THE FOLLOWING PROPOSED ORDINANCE AMENDING ZONING ORDINANCE NO. 557; ON:
14ONDAY APRIL 26 1999
AT 5: 30 P.M.; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 1 61 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.
GENIECE W. JOHNSON,
CITY CLERK
PROPOSED ORDINANCE -
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 VL Of
the Fairlope 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 forma Article VI
are hereby rendered lawful non -conformities under this revision, to the extent of their former compliance.
VL PLANNED UNTr DEVELOPMENT PROVISIONS.
Sec 6.1 Plumed Unit Developments
The purpose of the planned unit development is to encourage imaginative design to create a more deniable
anirooment than would be possible through the stria apphation dthe minima regatemears ofthe regtdu
tieing districts. Planned unit development regulations are intended toencourage fiatrbrlity in design and
development of land in order to promote is most appropriate tx to Bsalkate adequate and command Pwmm
fer streets, m1mes and public spaces: and to preserve the natmal and scenic qualms of open areas. The objective
of a planned wait development is to encourage ingenuity. imagination and design dram an the part afbuilders,
architects, eagraeers, me planners and developers to produce developments which are consistent with overall land
use iowtiny and open space aims of this section. white deporting firm tie stria appliatim Of- setback and
mmmma la sin wgm= nets of the -gnl- zoning &-- While tha planned min developmmt ay depart
flea the stria requirements ofthe regular zming district in which the land is located, the development is to be
compenble with the comprehensive plan and. where SWUP-a. plasted - conformity with the Ws subdivision
ngui--
The mtmi of the planned unit development is to person such fl-Wity and provide performance cmcu for
unifiad development which:
(1) permit a creative approach to land development
(2) Accomplish a make desrable envummem than would be possible Won& snct apph- of the
regtdremmn ofthe regular zoning disuias
(3) Provide for an efficient use of land, resulting in small networks of utilities and streets and thereby lower
deVeimpmmt and maintenance costa
(4) Enhance the appearance ofthe are through preservaim of natuad fanner, the provision of underFomd
utilities and the provision of tecreation area and open spans in excess of emisting zoning and subdivision
requirements ,
(5) Provide an opportunity ior new approaches to ownership
(6) Provide an environment of sable character compatible With sormumd ng area
Retain property valor over time
me which is lamuted or permitted on appeal in any zoning tistric4 except M-1 and M-2, may be authorized
e city for inclmoen in a planned unit development by proper smen11Ment of these special provisions.
6.12 Uses Pertained.
(1) Principal uses pemined in 6.121 below
(2) Home Occupations; umdei Section 7.64
(3) Accessory aces undo SfTtion 7.61
(4) Off-street pad®gicn and/or gauges
Sec. 6.121 Classes of Planned Unit Development herein authorized:
(1) Fixed Building Development: A group of two or are fixed dwelling annGdmes, together with other pemuted
straaures and ma, on a parcel of land net Ire than ten (10) acres in ogle ownership
(2) Basiaess/Psofasiond Office Development - a development on a site of three (3) or mete acres in do&
awswJ4 for development of two or more office basiocalprofessional ogee groups. BuLsinesa/Professimal
ass of lease areas may be included in class 1 fixed dwelling developments, m a site specifically approved by
the planning cmcn. lmissihofessieoal use is stet A commercial ose as contemplated in this article.
Far the purposes of this section, a planned unit development shall mean the development Bland under unified
control which is planned and developed ass whole in a Single or pmgrarromed series of opmatims with uses and
armatures Substantially related to the character ofthe entire development A Planned unit development shall include
a program for the provision, maintenance and operation of an areas improvements and facilities necessary for the
common we of all octopancs thereof. The Guy council may require that the owners post a band or other financial
gwranty of a fom and in an amount acceptable to the council, to assure the compledm ofall improvmcm to be
dedated to the public as shown Won the plan as approved.
62 Gesleral R,egolatfem:
The following general regulations span apply to an planned unit developments:
621 tends proposed for development under thin article may be designated a planned omit development as a
special zoning district as provided herem.
622 This article span be comprehensive and uniform in is application.
623 The general plan mast be consistent with the purpose and intent of this ordinance.
624 The plan must advance the general welfare ofthe 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.
626 Should the plan expire or otherwise cease to be in effec% an provisions ofthe special zone for planned unit
development shall be null and void and the land shall men to the zoning district classification Previously
applicable; no me. building or srrtsame shah thereafter be established upon said land except in striaconformity
with the requirements of the regular zoning district
6.27 All land proposed in the project, indodmg indoor we of spree. off -meet padrmi and circulation ways may
be canted in complying with the density requirements.
628 If the plan or any port thereof crostittma a subdivision, the land therein shall be subject to the requirements
of the city's mbdiviaau regulations
63 Development Regudatlons
6.31 For any single family or dwelling umu in a duple", townhouse of cmdommi m building there shall be
Privately occupied space in addidm to the area occupied by the dwelling unit. Thu open space shall be
private for the use ofthe mdmdnal occupant only and shah net be smaller than six hammed (600) square
feet in ass. Parking eras shall net be considered private space as mPured herein. The planning
ammimm may modify the amount des waive the requirement for private space.
632 All open space not for private occupancy shah be amgned to the common use of all occupants in the
development, with use sssmed in perpetuity. Assignment of such open spat shall be as fonowa:
I. Access driveways
L Landscaped areas no ka than tin (10) percent of all common, open space, may include the fona "OV
A. pedestrian seem Walkways
b. children's play areas
c general landscaped areas
It. swim zmi pools, am for organized spots and passive recr atim
e. any other areas suitable for the common use of occupsos ofthe PUD
6321 Every principal structure shall be located within two hundred (200) feet of a hard surface access drive at
kart 20 feet in width or to a parking lot connected to such a drive.
6322 Privately maintained str ats may be provided. Such private streets shad conform to the requvemeas set
froth in the city's subdivision regulations and shall provide easements for ingress and egress for utility and
emergency vehicles. Na more than thirty (30) units shall be located upon any sum. public or private,
having a permanently dosed end. Area in private stray may be counted as pan of the net anea for density
limits but may net be counted as pare of required landscape or recreation space.
6.4 Lnintlow on Use.
.51 Iocaom PAMMMenrs Each planned unit devdopsrwt comply with the thnowinF
1. m» t *all be and s>milir psas pow ad pom- anaesiw
2. Boadmgs, straoram and aoeeamia shell be so located a to game compatibilitywith other type+ of
devdapssent
1.52 Open space, site sun and denary: Every development shall provide for the foRowuhF
1. A mmimmn site area of tm (10) acres for residential development and/or a minima site area of three
(3) acres for bamness fessibnal
2. A maxima density Often (10) units per age for residential tees; maximum Of 15 min Per age fir
hnjisiea/pmfessional uses
3. Setback fiom the property line m the development perimeter shall be not lea than 40 fete.
4. A minima of twenty-five (25) percent of the total psojoa soma ressrvad as mina useable rpm "ne
exclusive of all drives, waRcways and parking areas but Inclusive of an other cammm open sprees.
5. Minima open spec around residential buildings shall be fifteen (15) fell provided dot a greater open
apace may be required by the planting commission in determining whether a puticulst plan -
an -in -the spirit and hammy, ofthe zoning ordinance.
6.53 Special Requirements The following special requirements apply to all planned twit dtxlopmmtr
1. Unless otherwise determined by the plannng commission Won specific plan review, the foul grand
coverage of b nld np shin not exceed thirty-five (35) percent of the pmj= area.
2. Unless otherwise determined by the pluming 0- upon specific plan review, hulling haghn
shall net exceed two stories or thirty (30) feet.
3. There shall be permitted no fewer than four (4) nor more eight (8) units in any townhOm or
condominium structure.
4. Minimum yard, let size, unit types, height, fringe requirements and use resurrnms may be waved by
the planning commission for a specific plan; provided, however, that the planing commission may
establish minamas for a particular plan inch as, In the jodpumt ofthe o®misam. is required to
preserve the purpose and intent ofthe toning ordinance.
Commercial uses shall net 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 Revisians, the planning commission may approve changes Of- 6.77 Interim Final Plan Agreement: A written agreement, by the developer and binding his agmtt successors and
fine one class to another Wm specific finding flat such is in bammy, with the spirit and intent of these assigns, than be submitted as provided below. Such written agreement shall be approved by the city Moomay for
regulations. In order to maintain control and continmy of the each interim revision shall be numbered form and legality.
sequentially and shall bear the due of approve a by the zooms officer. Such imtcrim
teviam shah bear on us mca the fbIlowing notation: "IN a superseder the Preliminary Plan and all 1. A definite mare to in emy aulaf an elemuus of pion. Defore which data all demmta
previous interim plans.' than be complete in every dead and in Ibt1 Continued
onli1ued
OII MITI POO*
CS Other Regdreants
C6 Special Zaoing PrWASI us.
6.61 Public Notice and Procedure: Application for approval da planned unit development as a special zone shag
Mow in general the requirements for any regular xmIng change WpRaa°n' A public heating shall be held by
bah the planning oatz istim and the city cannot. Notice to the public :at large and to owners dpmperty "AM
the zone of Inflame within the city shall be gives notice Ina a strimplima with the provisions dTWO 11,
Chapter 52, Code of Alabma, 1975 as amended
6.62 After the city council has adopted and awed to be published the ordinance establishing the special aeoIng
for a planned unit devd pment, the planning caaumm is charged with the review and approval of mkmd
plans, preliminary plans, interim final and find development plans in spirat and harmony with the cityys
comprehensive development plans and the zoning ordinance. Upon reoaadmg of the final development Irian, a
reproducible copy shall be provided by the develWer to the city deck far the CWS afcisl rmm&
For purposes of maintaining an acauare record of poccedi gs, the dhairman of the 1110"mg commission rosy sip
and due a particular plan as informal, Imlmman' or into= with a prominent maatien tlerom reading "Net
approved for o6mad recording in probate records." Only the final plan intended for official retarding Shan bar
the ofSmni recording certificate ofthe planning commission
6.1 Spedal Procedure for Planned Unit Developments
6.71 Developer may schedule an initial meeting with the planning commission if ba wishes informal review.
6.72 in Thu even4 developer shalt present to the commission a sketch plan tithe proposed project to sotfidmt
detail to enable the commission and the planning 911117110 readily detenmme whether the plan proposed geBeraRy
mean the mina requirements for a planned unit developmmt.
6.73 If the development, or any part thereof, involves the sob"airan of land. developer sduan presort a sketch palm
showing how compliance with the subdivision reguladams is to be achieved
6.74 Applications for initial review together with required Submittals Shan be presented to the planning stag who
shall review some and ascertain that the plan gmen tuy conforms to the requirements herein. Staf shag have a
reasonable time, net lea than 30 days, to complete review and prepare a repot Sea the commisdan.
Submittals shall mclude the following
1. A letter of trannal Hm the developer and endorsed by the land owner officially suhbmi®hg the palm for
consideration.
2. Test (10) copies des soled general site development plan for the entire project, including the 16IowIng
boundary liraes with cases and distances for land involved; locations and names of W public streets
abating of traversing the me, existing drainage and tsilities pselimmary, locations and dm>aes of
proposed taro names of any subdivisions comprising all or part tithe ate: and identifiaaim elf Cdstm
eaa®enn, water courses, lakes or other significant neural features on the me.
7.741 in review ofthe info=-] sketch plan. the fonowmg, at the minima. shall be considered:
1. E fisting mes and character withinthe ass ,
L Exdstmg and proposed rood and moat system
3. Public and private open -m- parks and argils
4. Location of m sire - desgsate those Lobe removed and my env planimga proposed
5. Public udWics and services, including but not limited to, =dergm-d decma] -vim water. sewer,
drs ssge, Sun protection, garbage fhcrtitia and schools, as applicable.
6. Type and comber of-, to be bosh and relative densities.
7. Proposed uses to be developed
6.75 Preliminary Plan: The developer, fonowm8 optiona sketch plan revilim may elm to submit a Pwbm mY
plan to the staff for commission review and approval Developer should take notice that whereas Pvb= ssy In
apuprwd clattiunhs license w oonstrna sreets. drives. unties and fidlitiea cola than lluildinga or tarucastea,
mat ifnot all ofthe elmmts ofthe interim fine] plan will be required for preliminary approval -
This stage of review is mbjea w an public notice regm --ts and cntutes a cmtinamg ptrblie hating process
Sabmitnls to staff shall include both maps and a written statement. AR n mittab sigh be m su/fid W dent w
madly demmgmc moplimm wuh the minimm rugoiremenn her® if the sohminal of any pan thertdis
deemed inadequate for thin purpose, staff SW fetam same to applicant for tevisim before pla®g um on the
agenda aradvasosing any hearing date. Staff shall be allowed a reasonable time net Im than thirty (30) d'^ coo
complete is review.
6.751 Minima Content of Mapes: Maps submitted for preliminary aM" d span contain at least the
mming IDCo=an:
I. Boundary sa m and legal 8eraipum with courses and distances shown on map drawn w sale and
including a vicinity map.
L Sue topography. including existing ground Ixntomn at _foot intervals, uilitieri drainage and
eaaemeaL
3. proposed land use, the loottions of any wmit mg buildings Of magma on and adjacent to ma and the
- etisting zoning.
4. Character and density of proposed buildings
S. Schematic of respired underground electric service
6. Dimensions of proposed public and private open spa- and relationship of same.
7. Dimensions and locations of existing and proposed streets, walkways. n9h15-cif way. Padcitig'tcL%
landscaping. recreational areas and Other uses or structures.
L Public uses, including schools, pads. playgrounds, etc.
9. Number of padrmg spaces required and provided
10. Amount of iropervions surface proposed.
11. Drainage nap, including as lculadan
1L Development phasing, if trroposed
6.752 Minimum Cement of Wriurm G,•^ I The wtis en statement fir the development span include, at
the minimun the following
1. A description ofthe character of the proposed development and tie mama in which it has been
designed to nice advantage tithe planned unit oeocpr.
2. A description ofthe proposed sewerage far project
3. A description ofthe wars supply and starmwam drainage tYa7imes to sent the devebpmmt
4. The manna of finan®g of the proposed development.
5. A statement ofthe present ownership of lands involved in the Inject
6. A description ofthe method proposed to maintain pdvuc and cammon open areas
7. A statement of the schedule of development inns entirety and a description of ph"in& if prapossd
8 A statement thin &-,doper maderstmds Prlu-ary plan glprovad shall not be effective until after the
city council slaw have established the planned unit development era - a Special muse.
9. Where in the oommisinon's opinion, the plan submitted mbasmtially Omfomt to regmiremcoM the
commission may approve such plan sobjat to mina modificat=L
10. A statement of agreement that any omstruarim mdemakm an neamse to etosuw under preliminary
approval is entirely at developer's risk. if the interim final plan less not been approved within me year
ftm date of prelin mmy approval, such appmgi shall lapse anion the ommisom m appeal of
developer, shall extend such preliminary approval far six month periods on finding of good come to do
as Failme of the developer m &hgmdy prosaate the work Shan be denied abandonment ofthe plan
and all prior approvals shall be domed null and void, at which time the had Shan revert wits prior and
underlying zoning district col-sificafim All buildings and am completed under the plan shall have the
sum of nm-0onfomities but shall net be altered or expanded and shall not be feestablithed alter
diseontinmance for one year or more.
6.76 Interim Foal Plan: The interim final plan is devised as a awns to allow developer to revise his preliminary
plan in response to changing market conditions or other unforeseeable f t tors, particularly in long -age, phased
developmm. The interim final plan stall be subjected to cm-u mg review by the commission erther on the
expiration of one year or upon further r-vis ion/s to the preliminary plan by the developer, whichever is earlier in
time. Gilding permits for buildings and sttuatuuea may issue Won inlstim final plan approval for those iron I
of the project which are fully served by stress, water, sewer, clamed and drainage fycilities, accepted by the city
co icil where amocomiate and subiea to financial guaranty. and, if rmbdivided, final plat apyroval.
In addition to mems required for preliminary plan approval and modificatious thereto, the ill final Plan-"
include, at a min®a the following
I. Strut locations and nature of improvement.
2. Lot design and delmes on, as appropriate.
3. Landscaping and pang plans.
4. Romwam drainage system with erosion and siltation controls.
5. Utilities plains
6. Peripheral setbacks shown on site plan.
7. Final calculations for damage, densities, open space, private space and parking, together with the
relationships thereof to site deafly shown.
8. Clear delineation ofthe 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 inquired
therefor. showing relative loc itions. dimens ens and areas of open space for all buildings structure of
Other MVWVCMms thereon
to. Elevation and perspaive drawings of an typical proposed mnctmes and improvmas exapr smgler
minty.
11. Beginning and compleam dates for construction ofthe elements of the inte» plan and estimated
compleam date ofthe entire project. For phased construction. developer shall show detimnim tithe
phaa s and the work schedule for each phase.
12. Agreements, prwisieas and declarations or covenants which govern the use, protection and ma ntmanos
ofthe planned unit development and us common open areas. Included shall be the means established
for perpetual nun -public mainteaanae of private drives and patl®g and damage or utilities onside the
public sight -of -way which mall net be Subject to city maintenance.
13. Traffic circulation diagrams and off-street parking and loadinghadoet ing plats as may be traded by
the -rem. .
OND NOTICE
PUB - PUBLIC HEARING
CH 18,'1999
Complete revision of ARTICLE VI. - PLANNED UNIT DEVELOPMENT PROVISIONS
Mobile Home Park provisions contained in the Planned Unit Development Provisions are
proposed to be included in the Fairhope Zoning Ordinance as Section V, sub -section 5.6, R-6
Mobile Home Park District, with no substantive text changes.
Section 4.423 Restoration of Damaged Buildings, proposed 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 year from the date of
such event, after which time the formerly existing structure shall be deemed a non-
conformity lost of discontinuance. Provided, however, that any building which is
removed or deliberately destroyed by the owner or his agent, and not a result of
damage cause 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.
Section 4.415 Discontinuance, proposed to read as follows:
A non -conforming use which became such after the adoption of this ordinance and
which has been discontinued for a continuous period of one (1) year or more shall
not be reestablished and any future use shall be conformity with the requirements
of this ordinance.
Section 4.4224 Front and Side Yard Setbacks, proposed to read as follows:
"a. The front setbacks (and, on corner lots, the street side setback) shall not apply
to any lot where the average setback 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 building/s
existing on each side of the proposed building. Where buildings exist only on one
side of the proposed new structure, the minimum required setback shall be the
average of the existing building setback and that required for the district."
Complete text of the proposed revisions is on file in the office of the City Clerk and may be
examined by the public.
AFFIDAVIT:
This is to certify that the attached legal notice/advertisement
appeared in:
❑ fhe Baldwin Times, Bay Minette, AL
❑ j
he Bulletin, Daphne, AL
❑ The Fairhope Courier, Fairhope, AL
❑ the Independent, Robertsdale, AL
❑ fhe Onlooker, Foley, AL
❑ fhe Islander, Gulf Shores, AL
a weekly newspaper published in Baldwin County, Alabama
neekend Edition (includes The Fairhope Courier, The
n oker,
The Islander, and The Bulletin)
Publication Date Cost: words/inches x rate
LIPS31,11 Le
TOTAL: $
l Legal Ad Representative
Gina Lin ell
BILL TO: E-lk-1 Q1 Ir-:4/ CA L&I.J�
ATTN:
P.O./File Number
FOR OFFICE USE ONLY
Paip...................... Unpaid...............
Account No. — Me I (a
`0
?off _06i
Gulf L t Newspapers
P.O. Box 509
Robertsdale, AL 36567
Phone (334) 947-7712
state of Alabama
County of Baldwin , MY COMMISSION EXPIRES MAY 22, 2002
Sworn to and subscribed before me
this 3�
day of
19
Nota(y Public, Baldwin County, Alabama
- —
tiomon 4.415' DlseoritiX
I SECOND NOTICE OF
uance, proposed to read as
PUBLIC HEARING
follows:
Notice Is hereby given the
second time that the Fair-
A non -conforming use
which became such after the
hope City Council will hold a
adoption of this ordinance
public hearing on a pro-
and which has been discon-
posed ordinance amending
tinued for a continuous
Zoning Ordinance No. 557 on
period of one (1) year or
Monday, April 26, 1999 at
more shall not be ross-
5:30 p.m. Falrhope Municipal
tablished and any future use
Compiax Council Chamber,
shall be conformity with the
161 North Section Street,
requirements of this ordin-
Fairhops, AL 36532.
once.
All persons who desire
Section 4.4224 Front and
shall have an opportunity to
Side Yard Setbacks, Pro-
be heard in favor of, or In
posed to read as follows:
opposition to, this proposed
'a. The front setbacks
ordinance and are cordially
(and, on comer lots, the
Invited to be present.
street side setback), shall
Synopsis of Proposed Or-
dinance to be
not apply to an yy lot where
the average setback In the
considered;
Ordinance printed In full In
same block and within 200
03/20/99 Issue of The Fair-
foot of the subject lot Is loss
hope Courier:
than the minimum setback
Compplete revision of AR-
required for the district. In
TICLE VI — PLANNED UNIT
DEVELOPMENT PROV.
such cases, the proposed
building may bealiyynedwith
ISIONS
the average setback of build -
Mobile Home Park prov-
Ing/s existing on each side of
�islons contained in the
Planned Unit Development
th• proposed builds^p.
Where buildings exist only
Provisions are proposed to
on one side of the p<;,weed
i be Included In the Falrhops
new structure, the min..num
Zoning Ordinance as Section
required setback shallbe the
of e existing ld-
bile Home Pak District,average
with
Inggsetback and that re -
district.”
no substantive text chargges.
Section 4.423 ReetorEM
quired for the
Complete text of the
of Damaged Buildings, pro-
pro-
posed revisions is on file in
I posed to read as follows:
the office of the City Clark
A non -conforming build-
and may be examined by the
Ing or structure which Is da-
public.
maged or destroyed may be
restored to Its former boun--
C-3-27
dories within not more than
lone year from the date of
such event, alter which time
'the formerly existing struc-
ture shall be doomed a non.
conformity lost of discontin.
uance. Provided, however,
that any building which Is
removed or deliberately des-
troyed by the owner or his
agent, and not a result of
damage caused by fire
windstorm or other natural
.calamity shall render the
non-conl?ormity void and any
replacement building or
structure shall conform to
the required district set-
backs.