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Home My WebLink AboutO-1055ORDINANCE NO: 1055 +. 7@ g ch a cu _S Q2 w �i o A a— 8 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO ESTABLISH DEVELOPMENT REGULATIONS AND ZONE PROPERTY AS A PLANNED UNIT DEVELOPMENT 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 the certain property described below. WHEREAS, The City of Fairhope, Alabama has received an application from Rock Creek Properties to establish development regulations and zone the property as a Planned Unit Development, and WHEREAS, Rock Creek Partners property is currently outside of the City, and WHEREAS, The City of Fairhope has received a petition for annexation into the City that would extend city limit lines and establish R1-Residential zoning on the property, 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 request to the City Council. BE IT ORDAINED BY THE CITY CO'".1CIL OF THE CITY Or FAIRHOPE ALABAMA, THAT: On the property described below a Planned Unit Development is established Concurrent with Annexation: Property Description: Commence at the southwest corner of section 28, township, 5 south, range 2 east, Baldwin County Alabama for the POINT OF BEGINNING; THENCE, run north 00 degrees21 minutes 09 seconds west along the west line of said section 28 for 2641.92 feet; THENCE, run south 89 degrees 56 minutes 01 seconds east for 659.80 feet; THENCE, run south 00 degrees 15 minutes 54 seconds east for 2643.40 feet to the south line of said section 28; THENCE, run south 89n degrees 48 minutes 09 seconds east along the south line of said section 28 for 384.23 feet; THENCE, run south 01 degrees 44 minutes 31 seconds west for 2640.33 feet; THENCE, run north 89 degrees 48 minutes 39 seconds west for 1040.03 feet to the west line of section 33, township 5 south, range 2 east, Baldwin County, Alabama; THENCE, run north 01 degrees 44 minutes 33 seconds east along the west line of said section 33 for 2000.25 feet; THENCE, run south 89 degrees 50 minutes 31 seconds east for 341.01 feet; THENCE, run north 01 degrees 44 minutes 33 seconds east for 640.0 feet to the smith line of said section 28; THENCE, run north 89 degrees 48 minutes 09 seconds west along the south line of said section 28 for 341.0 feet to the southwest corner of said section 28 and the POINT OF BEGINNING. Said parcel containing 97.91 acres. This is also attached as " ATTACHMENT C" 'L"t- 'k. CITY OF FAIRHOPE P.O. DWR 429 FAIRHOPE, AL 36533 2. Development Regulations: Development of the property must be consistent with the written statement attached as "ATTACHMENT A" and the site plan attached as "ATTACHMENT B" 3. 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. 4. Effective Date Attest: C WY m m Q U �U U 0-w 0 �m 6 L. r ;�i sex q This ordinance shall be in full force upon its adoption and publication as provided by law. Final Adoption this 141h Day of June , 1999 tax A P. Nix, Mayor )-e4d k. CITY OF FAIRHOPE P.O. DWR 429 FAIRHOPE, AL 36533 Cal.: 07/27/99 al MIA assourrfons, nd f�I4w,« f fP,m. 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III w,wTYN1lT lrowwlw M A• Cl t IIST�IYL, Iw Nuxn. xW GRAPHIC SCAIE fv 09 b a Ni C V {iAY• � 0 S It e CITY OF FAIRHOPE P.O. DWR 429 p r FAIRHOPE, AL 36533 v�, I�N'In I y I. uw-m w m to m rmf DAVID w w `PADµ• ' .°"� ' . ■SCALPms.oIO .lo ocsc.vTlon own ROCK CREEK PARTNERS, LLC. Vkqk �.x�.�. fo uac r1L9 IATES, 1NC. .,... I.,... ®. _, ,,. tw x f c cc co .T. xf,— nc—",, CONDITIONAL PETITION FOR ANNEXATIO We, the undersigned Petitioner/s, owner/s of the lands in fee simple described in the attached Exhibit A, such property being without the corporate limits of the City of Fairhope, Alabama, but being contiguous to the said corporate limits, and such property not lying within the corporate limits or police jurisdiction of any other municipality, do, by these presents, petition the City of Fairhope, a municipal corporation, that said property be annexed into the City of Fairhope, Alabama. * See attached acknowledgements. The subject land is delineated on the map attached hereto as Exhibit B. This Petition is filed under authority of Section 11-42-21, Code of Alabama, 1975, as amended. The Condition of the Petition is that zoning be established as PTTn 7nninn� ac g111-N llttcld T7ab--_23-gg for Rork A Creek Phases V & VI a concurrent with annexation. 8d In Witness Whereof, the Petitioner/s have caused these presents to be executed this L 2day of FPhrt�ar�� 19 99 Rock Creek Partners, LLC Bv: Albert Corte, III Print Petitioners Name Print Petitioners Name COPY OF TAX RECEIPT MUST BE ATTACHED. TAX PARCEL NO. not available Mail Address 200 Rock Creek Partcwav; Fairhope, AL Phone (334) g2g-0700 Residential Address Size of Property Occupied, give housing units # persons each unit Race Unoccupied,give proposed use; show number of lots, houses, cost, etc: rTca Wi 1 l be for rQri-daptiad l giihiyi Ginn per tbp PUT) plan submitted on Feb-23-99 for Rock Creek Phases V & VI. This PUD ransists of apprnx• 98 acres and 199 hnmesites. (COPY OF LEGAL DESCRIPTION OF PROPERTY MUST BE SUBMITTED WITH PETITION. DESCRIPTION ON TAX RECEIPT USUALLY NOT SUFFICIENT.) STATE OF ALABAMA, COUNTY OF BALDWIN I, a Notary Public in and for said State and County, hereby certify that the above Pititioner/s whose name/s are signed to the foregoing petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledged that he/she/they have voluntarily executed this Petition on the day the same bears date. Given under my hand and seal this 27,3Wday o 19f:?. Notary blic a�aauNnorOWANtlaoNnuH.Lagar,ntt seal. J ' gV00"Li 'oar :93NUX3 H0I691;VJv :) A : . My commission eXE�Y��d09Ltl,LSJ178nAhUYd:F;� �a A OF FAIRHOPE P.O. DWR 429 0 FAIRHOPE, AL 36533 ;�' ,x,� �� ..