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Home My WebLink AboutO-1053s WY m �r U L D Vl �U U �w a. L o� Z �w OF-o ORDINANCE NO. 1053 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO REZONE PROPERTY IN ACCORDANCE WITH APPLICABLE STATE REQUIREMENTS The ordinance known as the Zoning Ordinance (No 577), adopted 11 August 1975, together with the Zoning map of the City of Fairhope, be and the same hereby is changed and altered in respect to the certain property described below: WHEREAS, The City of Fairhope, Alabama has received an application from Ms. Linda Walker, and WHEREAS, Ms. Walker's property is zoned RA- Residential Agriculture, and WHEREAS, Ms. Walker seeks to change the zoning to R2-Residential in order to construct a site built home, and WHEREAS, The Planning and Zoning Commission has held the required public hearing, held that the proposal is in conformance with the Comprehensive Plan, and recommended approval of the zoning change request to the City Council. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE ALABAMA, THAT: The property known as 8830 Morphy Ave, more specifically defined below, is rezoned from RA -Residential Agriculture to R2-Residential. Property Description: Commencing at the Northeast corner of the southeast quarter of the southeast quarter of Section 16, Township 6 South, Range 2 East, Baldwin County Alabama, run thence south 89 degrees 46 minutes 00 seconds west 774 feet to a point; Thence, run south 30 feet to an iron pipe on the south right-of-way line of Morphy Ave. for the POINT OF BEGINNING; Thence, continue south 350.0 feet to a point; Thence, run south 89 degrees 46 minutes 00 seconds west, 143 feet to a point; Thence, run north 350.o feet to an iron pin on said south right-of-way line of Morphy Ave; Thence, run north 89 degrees 46 minutes 00 seconds east along said right-of-way line 143 feet to the POINT OF BEGINNING. 2. Severability Clause If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 3. Effective Date This ordinance shall be in full force upon its adoption and publication as provided by law. ADOPTED THIS THE LOTH DAY OF MAY , 1999. Attest: Geniece W. Johnson, Cky Clerk 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 Xe ekend Edition (includes The Fairhope Courier, The ker, The Islander, and The Bulletin) Publication Date 5-15 Cost: words/inches x rate _399 _( - 1 Le Legal Ad Representative Gina Lindell R BILL TO: 01 ATTN: P.O./File Number FOR OFFICE USE ONLY / Paid ...................... Unpaid ✓............ .............. Account No. (nomZ o Gulf C t Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 state of Alabama County of Baldwin MY COMMSSIOFJ EXPIRES MAY 22, 2002 Sworn to and subscribed before me this / 9 day of %W%i 19 9 NotaryrPublic, Baldwin County, Alabama -, Prop4rt' Descrip>Ton: — ORDINANCE NO.1053 Commencing at the North- 4 AN ORDINANCE AMENDING east corner of the Southeast I ORDINANCE NO.557 quarter of the southeast KNOWN AS THE ZONING quarter of Section 16, Town - ORDINANCE TO REZONE ship 6 South, Range 2 East, I PROPERTY IN Baldwin County, Alabama, ACCORDANCE WITH run thence south 89 degrees APPLICABLE STATE 46 minutes 00 seconds west I REQUIREMENTS 774 feet to a point; thence The Ordinance known as run south 30 feet to an Iron the Zoning Ordinance uth right-of- pipe on the soline g(No. ust 1975, togetadoheed 11 Aurr with the Yon- of y the POINT OF BEfor GINNING; Ing map of the City of Fair- Thence, continue south hope, be and the same 350.0 feet to a point; thence, hereby Is changed and al- tored in rspect to the cer- run south 89 degrees 46 I tain property described be- minutes 00 seconds west, 143 feet to a point; thence, low: run north 350.0 feet to an WHEREAS, The City of Iron pin on said south rlght- Falrhope, Alabama has t received an application from Ms. Linda Walker, of -way line of Morphy Ave; liThence run north 89 degrees 46 and WpHEREAS, Ms. Walker's Is RA- minutes 00 seconds east 'ertalon I said right-of-way line zoned gsidential Agriculture, and 1 3 feet to th BEGINNING. a POINT OF WHEREAS, ML Walker 2. Severability Clause seeks to changes the Ming- to R2-Residential In order to t If any section, subsection, sentence, clause, or phrase construct a site built home, of this ordinance Is for any and reason held to be unconstl- WHEREAS, The Planning tutional or otherwise Invalid and Zoning Commission has by a court of competent ur- I held the required public Isdlction, such decision hearing, hold that the propo- shall not affect the validity of sal is In conformance with the remaining portions of the Comprehensive Plan, this ordinance. and recommended approval 3. Effective Date I of the zoning change request This ordinance shall be In to the City Council. full force upon Its adoption BE IT ORDAINED BY THE and publication as provided CITY COUNCIL OF THE CITY by law. OF FAIRHOPE ALABAMA, ADOPTED THIS THE 10TH I THAT: DAY OF MAY 1999. 1. Tha property known as James P. Nix, Mayor 8830 Morphy Ave., moe Attest: specifically defined below, Is Genloce W. Johnson, rezoned from RA -Residential City Clerk Agriculture to R2-Residen- I tial. C-5-15 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 Gulf Cc. Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 state of Alabama County of Baldwin MY COMMISS ON EXPIRES MAY 22, 2002 Sworn to and subscribed before me this / f day of 49, .z �,I _ Notary Pic, Baldwin County, Alabama a weekly newspaper published in Baldwin County, Alabama CE OF I PUBLICIHEARING run north 356.0 feet to an Notice Is hereby given that the Fairhops City Council! iron pin on said south right- i of -way line of Morghy Ave.; Courier, Weekend Edition includes The Fairhope Cier The will hold a Public Hearing on I Thence, run northh 89 do - gross 46 minutes 00 seconds 1 Onlooker ' the following proposed or- the dinance amending Zoning east along sold right-of-way fins 143 feet to the POINT OF The Islander, and The Bulletin) Ordinance No. 557, on Mon- day, May 10, 1999 at 5:3oi BEGINNING. I m. Fairhope Municipal) i Complex Council Chamber, 2. Sevorability Clause If any section, subsection, Publication Date Cost: words/inches x rate 161 North Section Street; F of this ;ontencordinan clause, s for orraney ucC� X.1 I „ PROPOSED ORDINANCE reason held to be unconsti- invalid 1 1 l �l W i AN ORDINANCE AMENDINGI tutional or otherwise ORDINANCE N0.557 KNOWN AS THE ZONING by a court of competent fur - Isdiction, such decision ORDINANCE TO REZONE shall not affect the validity of PROPERTY IN the remaining portions ofj ACCORDANCE WITH this ordinance. APPLICABLE 3. Effective Date STATE REQUIREMENTS The ordinance known as This ordinance shall be In, full force upon Its adoption' // the ��Zoning Ordinance August and publication as provided by law. ((�� T TAL: $ la�.'-I to 1975, togetther with the Zon- Ing map of the City of Fair- ENDOFPROPOSED ORDINANCEI r ' hope, be and the same I hereby Is changed and al- I All Mroons who desire shall have an to tared In respect to the car- tatn property described be-F f, ority favooppr heard in favor of, or In i Legal Ad Representative low. l =1nance to this proposed, ordinance and are cordlatty� G' a Lindell WHEREAS, The City oh Falrhope, Alabama has lnvltodtot»present. Gonloce W. Johnson (� (� — — ,, BILL TO: l >2 i (�J 1tJXZII received an application from Ms. Linda Walker, and City Clerk C-4-17 WHEREAS, Ms. Walker's property Is zoned RA - Resi- dential Agriculture, and WHEREAS, Ms. Walker, seeks to change the zoning to R2 - Residential In order to construct a site built home, and WHEREAS, The Planning- ATTN: and Zoning Commission has held the required public hearing, held that the P.O./File Number propo- sal Is In conformance with FOR OFFICE USE ONLY the Comprehensive Plan, and recommended approval of the zoning change request' Paid ...................... Unpaid .............. ! totheCit Council. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY • • • • • • • • • • • • • • OF FAIRHOPE, ALABAMA, Account No. p I CP �(�F� THAT: I r 1. The property known as Ave., 8830 Morphy more specifically defined below, is rezoned from RA - Residen- tial Agriculture to R2 - Real. dentist. Property Description: Commencing at the North• east corner of the southeasi quarter of the southeast quarter of Section 15, Town. ship 6 South, Range 2 East, Baldwin County, Alabama,, run thence south 89 degrees 46 minutes 00 seconds west. 774 feet to a point; Thence; Irun South 30 feet to an ironi pipe on the south right-of- way line of Morphy Ave. fo the POINT OF BEGINNING; Thence, continue south 350.0 feet to a point; Thence run south 89 degrees 46: minutes 00 seconds West, 143 feet to a Dolnr Thence, ITN • SAY MI 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 ooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate %A -a a 4A, x - )10 TAL: $ 39p.0Lj / Legal Ad Representative Gina Lindell BILL TO: CL'A � � JC1 lr�It ATTN: P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid ......... Account No. (OonnI LO Gulf C 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 Z day of a'rAlz 19 A::7e, / — Nota Public, Baldwin County, Alabama MY COMMISSION EXPIRES MAY 22, 2002 SECOND N E OF_ Not ceBlel �nEbyR?ghven the second time that fhe Falr- hoppe City Council will hold a Public Hearing on a prog- ad ordinanco `on 9 OrdlnanceaNo. n557, on Mondayy, May 10, 1999 at 5:30 p.m. Falrho ell Municipal Complex Council Chamber, 161 North Section Street, Falrhope, AL 38532. All persons who desire shall have an opportunity to beheardIn favor of, or In op►dlnaneenandtor cordialllly InSYNOPSIS OF PROPOSED ORDINANCE TO BE CON. SIDERED: ORDINANCE i PRINTED IN FULL IN 4/17/99 ISSUE OF THE FAIRHOPE' Ordinance Is to zone the following property from R•A Residential Agriculture to R2-Residentiai. ppes coleda ata18830roMorphy. Avenue Property Description: Commencing at the Nh- east corner of the sou heast quarter of the southeast quarter of Section 16, Town- ship 6 South, Range 2 East, Baldwin County, Alabama, run thence south 89 degrees 46 minutes 00 seconds west 774 feet to a point; Thence, run south 30 feet to an Iron pI pe on the south right-of- way line of Morphy Avs. for the POINT OF BEGINNING. 9, co350.0 feet to a polint; Thenceh run south 89 degrees 46 minutes 00 sto econds west143 , run north 350.01 foot to an Iron pin on said south right- of-way line of Morphs Ave.; Thence, run north 89 de- grees 46 minutes 00 seconds east along said right-of-wa�y line 143 feet to the POINT OF BEGINNING. C-4-21 INS O � FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT Text Change to Zoning Ordinance iC Request for change of Zoning District" R a 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: 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 ffsj (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 S ma.4J Respectfully submitted: C airman Rev. 9/98 City of Fairhope • ' 'Qw �¢Iau;t`�ice 'i�la�i�e �'a.cy , , P. O. DRAWER 429 JAMES P. NIX, C.M.O. FAIRHOPE, ALABAMA 36533 MAYOR 1334)928-2136 FAX(334) 928.6776 March 24, 1999 GENIECE W. JOHNSON CITY CLERK C; ()U NC I LM E M BE RS: JOHN V. DUCK MICHAEL A. FORD, C.M.O. WILLIAM Ft. JONES JEANC-TTE PUCKETT, C.M.O. OE0131E W. QUINN At the Fairhope Planning & Zoning Commission meeting scheduled for Monday, April 5, 1999 at 5:OOPM at the City Administration Building, 161 N. Section Street in the Council Chambers a public hearing will be held for a rezoning of the property of Linda Walker/FSTC at 8800 Morphy Avenue from R-A Rural Agriculture to R-2 Medium Family Residential further described as: Commencing at the Northeast corner of the Southeast quarter'of the Southeast quarter of Section 1.6, '1'ownship 6 South, Range 2 East, Baldwin County, Alabama, run thence South 89 degrees 46 minutes 00 seconds West, 774 feet to a, point; thence run South, 30 feet: to an iron pipe on the South right-of-way line of Morphy Avenue for the'POINT' OF BEGINNING; thence continue South, 350.00 feet to a point; thence, run South 89 degrees 4G ininutes 00 seconds West, 143.06 feet to a point; thence run North, 350.00 feet to an iron pin on said South right -of - wa)% line of Morphy Avenue; thence run North 09 degrees 46 minutes 00 seconds East, along said right--of-way line, 143.00 feet to the POINT OF BEGINNING. As an adjacent property owner you are being notified and are welCOITie to attend the meeting. Betty Rivenbark, Secretary Planning & Zoning Commission al - 2 times A_N7 8 0/3 ill: Lin a alke , 880 Mo ph Ave. Far hope L. 365 9 -1093 THE CITY OWNS ITS WATER WORKS, ELECTRIC DISTRIBUTION SYSTEM, GAS SYSTEM AND SEWI-IIAIiE SYSI CM CITY OF FAIRHOPE CITY COUNCIL COVER SHEET May 10, 1999 ZC 99-05 Public Hearing to Consider the Request of Linda Walker for a Zoning Change from RA -Residential Agriculture to 112-Residential (Located at 8830 Morphy Ave.) Mrs. Walker is the leasee of property from the Single Tax Colony at 8830 Morphy Ave. Currently there is a manufactured home on the property. She wishes to remove the manufactured home and construct a traditional site built brick home. The property is currently zoned RA -Residential Agriculture. Adjoining property is zoned as RA - Residential as well. The approved Comprehensive Plan indicates this general portion of the City to develop as Single Family Residential. Public Notice has been given in accordance with State Law, to date no comments have been received. STAFF RECOMMENDATION: To approve ZC 99-05 as requested. Respectfully Submitted for Consideration, Christophir D. Baker Director of Planning and Building