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ORDINANCE NO, 1088
AN ORDINANCE AMENDING ORDINANCE NO. 557
KNOWN AS THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as
follows:
The ordinance known as the Zoning Ordinance (No. 557), adopted 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 that certain property described below:
The appropriate public notice and hearing of, the Planning and Zoning
Commission of the City of Fairhope, Alabama, has forwarded a favorable
recommendation.
The property of Michael Wesley located North side of Windmill Road, East of
County Road 27.
Legal Description: ( case number ZC 00-07)
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 2 EAST, ST. STEPHENS MERIDIAN, AND RUN THENCE NORTH
00° 15' EAST, 33.0 FEET TO A CONCRETE BLOCK MARKER SITUATED AT THE SOUTHEAST CORNER OF LOT
3, "WINDMILL NORTH" SUBDIVISION AS RECORDED AT SLIDE FILE NUMBER 1599-A PROBATE RECORDS,
BALDWIN COUNTY, ALABAMA, FOR THE POINT OF BEGINNING: THENCE RUN SOUTH 89' 52' WEST, ALONG
AND WITH THE NORTH RIGHT-OF-WAY OF "HABEK WINDMILL ROAD", 166.0 FEET TO AN IRON PIN
MARKER SITUATED AT THE SOUTHEAST CORNER OF LOT 1, SAID "WINDMILL NORTH" SUBDIVISION;
THENCE RUN NORTH 00' 15' EAST, ALONG AND WITH THE EAST LINE OF SAID LOT 1, 138.0 FEET TO AN
IRON PIN MARKER; THENCE RUN SOUTH 89' 52' WEST, ALONG AND WITH THE NORTH LINE OF SAID LOT 1,
89.23 FEET TO AN IRON PIN MARKER; THENCE RUN SOUTH 00' 18' WEST, ALONG AND WITH THE WEST
LINE OF SAID LOT 1, 188.0 FEET TO AN IRON PRIN MARKER SITUATED ON THE NORTH RIGHT-OF-WAY OF
SAID "HABEK WINDMILL ROAD", THENCE RUN SOUTH 89° 52' WEST, ALONG AND WITH SAID NORTH
RIGHT-OF-WAY, 80.0 FEET TO A CONCRETE BLOCK MARKER SITUATED AT THE SOUTHEAST CORNER OF
LOT 7 "OLSEN ACRES", AS RECORDED IN MAP BOOK 11, AT PAGE 196 PROBATE RECORDS, BALDWIN
COUNTY, ALABAMA; THENCE RUN NORTH 00° 18' EAST, ALONG AND WITH AN EXTENSION OF THE EAST
LINE OF SAID LOT 7,630.8 FEET TO A CONCRETE BLOCK MARKER; THENCE RUN NORTH 89' 49' EAST,
ALONG AND WITH THE EASTERLY PORTION OF THE SOUTH LINE OF LOT 5 OF SAID "OLSEN ACRES", 334.85
FEET TO A CONCRETE BLOCK MARKER SITUATED AT THE SOUTHEAST CORNER OF SAID LOT 5; THENCE
RUN SOUTH 00° 15' WEST, 631.0 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 4.47 ACRES, MORE
OR LESS, AND IS THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY,
ALABAMA, LESS AND EXCEPT LOT I OF "WINDMILL NORTH" AND THE SOUTHERN 33 THEREOF FOR
RIGHT-OF-WAY OF "HABEK WINDMILL ROAD".
The classification of said property is hereby changed from RA -Residential
Agriculture to R2 Single Family. This property shall hereafter be lawful to construct on
such property any structures permitted by Ordinance No. 557 and to use said premises for
any use permitted or building sought to be erected on said property shall be in compliance
with the building laws of the City of Fairhope and that any structure shall be approved by
the Building Official of The City of Fairhope and that any such structure be erected only in
compliance with such laws, including the requirements of Ordinance No. 557.
Severability Clause - If any part, section of subdivision of this ordinance shall be
held unconstitutional or in valid for any reason, such holding shall not be construed to
invalidate or impair the remainder of this ordinance, which shall continue in full force and
effect notwithstanding such holding.
Effective Date - This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
ADOPTED THIS THE 10th DAY OF July , 2000.
r
+Jes Nix, Mayor
Attes
Geniece W. Johnson, ity Clerk
FATIZHOPE PLANNING COMMISSION
FINAL REPORT OF ZONING AMENDMENT
Text Change to Zoning Ordinance
Request for change of Zoning District
By- WY-4
(Applicant)
Description and 'NIap is attached
1
b1i1-z�
The Commission has held a public hearing oil this matter prior to this final report and wishes
to report to the Fairhope City Council as follows:
We (Do) (Do Not) recommend the proposed zoning text changes as wise,
expedient and necessary for the benefit of the City
We find that the proposed zoning district change Is (Is Not) in conformity
with the comprehensive plan and in the best interests of the City as a whole, and
(Do) (Do Not) Recommend that the City Council adopt an ordinance
implementing the proposed changes as provided by law.
i Members Present
Rev. 9/98
Voting Aye Voting Nay Abstain
Respectfully submitted:
Chairman
Gulf ( Newspapers
P.O. Box 509
Robertsdale, AL 36567
-4eyP 5f21 I03 Phone (334) 947-7712
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
❑ The Ledger, Elberta-Lillian, 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: wordsfinches x rate
to-i7 68-7 A•114
LindaLegal Ad Representative
Robinspn
BILL • �A11- AQ
ATTN:
P.O./File Number
FOR OFFICE USE ONLY
Paid ...................... Unpaid .c.l............
Account No. 6 Dab j,
State of Alabama
County of Baldwin
Sworn to and subscribed before me
this 11%/A
day of
20(90_ .�
Notary PW)Iic, Baldwin County, Alabama
r—
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Falrhope City Council will hold a Public Hearing on the
1 following proposed Ordinance Amending zoning Ordinance No. 557; on:
MONDAY JULY 10 2000
at 5:30 p.m.; Falrhope Municipal Complex Council Chamber; 161 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
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 557
KNOWN AS THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as
follows:
The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August
1976, together with the Zoning Map of the City of Falrhope, be and the same hereby Is
changed and altered In respect to that certain property described below:
The appropriate public nollce'and hearing of, the Planning and Zoning
Commission of the City of Falrhopo, Alabama, has forwarded a favorable
recommendation.
1 The property of Michael Wesley located North side of Windmill Road, East of
I County Road 27.
Legal Description: ( case number ZC 00-07)
COMMENCE AT THL: SOUTHEAST CORNER OF THE SOUTIIWEST QUARTER OP TIIE SOUTHWEST QUARTER
OF SEC11ON I4, TOWNSHIP 6 SOUTH, RANGE 3 CAST, ST. STCPHENS NICKIDIAN, AND RUN THENCE NnRTH
00' IT EAST, 33.0 FEETTO A CONCIETE ULOCK 6IAR,CeR SITUATED AT THE SOUTHEAST CORNCIt OF LOT
13, "WINDMtLL NORTIr' SUUUIVISION AS RECORDED AT SLIDE FILE NUMDCR 15".A PKOBAI'E RECOKUS,
BALDWIN COUNTY, ALADAMA, FOR THR POINT OF DEGINNINO: TIIENCE KUN SOUTH 119' 52- WEST, ALONG
AND WITH THE NORTH RIGHT-OF-WAY OF "HADEK WMDMILL kOAb", IM, 0 FEET TO AN IRON PIN
MARKER SITUATED AT TIIE SOUTHEAST CORNER OF LOT I, SAID"WINDMILL NORTH" SUBDIVISION;
I TIIPNCI1kUN NOH111 o0' IY OAST, ALONG AND WITII TIIC CAST LINE OF SAID LOT I, 1311.E FCETTO AN
IRON PIN MARKER; THENCE RUN SOUTH 69' 32' WEST, ALONG AND WITH THF. NORTH LINE OF SAID LOT 1.
119.23 FEET TO AN IRON PIN MARKER; THL'NCU RUN SOUTH 00' 11' WEST, ALONG AND WITH TI IC WEST
LINE Or SAID LOT 1, IRE 0 FP.ETTO AN IRON PAIN MANGER SITUAIVD ON THE NORTH RI0HT43F.WAV OF
SAID "HAREK WINDMILL ROAD", THENCE RUN SOUTH W)' 32' WEST. ALONG AND WITH SAID NORTH
I R1GIR.or-WAY,10.0ITETTO A CONCRETE BLOCK MARKER SITUATED AT TIIC SOUTHEAST COKNL'K OF
Lot 7 "OLSEN ACRES", AS RECORDED IN MAP BOOK 11. AT PAGE 196 rRORATE RECORDS. BALDWIN
COUNTY, ALABAMA; THLINCE RUN NORTH 00' Hr EAST, ALONG AND WRIT AN EXTENSION OF TILL' EAST
LINE OF SAID LOT I, 430 R FRIT TO A CONCRETE BLOCK MARY12k; 711ENCP RUN NORTH 119' 47 EAST,
ALONG AND WITH THE RASTERLY PORTION Or THE SOUTH LINB OF LOT 3 OF SAID "OLSEN ACRES", 334.93
FF.FT TO A CONCRETE BLOCK MARKER SITUATED AT THE SOUTHEAST CORNER Or SAID LOT S. I'IIENCE
RUN SOUT1100. 13' WEST, 631.o FERTTO THR POINT OF DEGINNMO. PARCEL CONtAINS 4.47 ACRES, AIORR
OR LESS, AND IS THE EAST HALF OF THE SOUTIICAST QUAMTUK OF THE SOUTHWEST QUARTER OF THE
SOUTH W F.ST QUARTER OP SUCTION 14, TOWNS 141116 SOUTH, RANGE 3 EAST, BALDWIN COUNTY,
ALABAAIA. LESS AND EXCEPT LOT I OF "WINDMILL NORTII" AND TIIC SOUTHERN 33 THIIRHOF FOR
kIGNT-OF•WAY OF "HARRK WINDMILL ROAD".
The classification of said property Is hereby changod from RA-Residentlal
Agriculture to R2 Singlo Pamily. This properly shall hereafter be lawful to construct on
such property any structures permitted by Ordinance No. 557 and to use sold premises for
any use permitted or building sought to be erected on said property shall be In compliance
with the building laws of the City of Falrhope and that any structure shall be approved by
the Building Official of The City of Falrhope and that any such structure be erected only In
compliance with such laws, including the requirements of Ordinance No. 557.
Sevorabillty Clause - If any part, section of subdivision of this ordinance shall be
held unconstitutional or In valid for any reason: such holding shall not be construed to
invalldale or impair file remainder of this ordinance, which shall continue In fult force and
effect notwithstanding such holding.
Effective Date - This ordinance shall take effect Immediately upon its due adoption and
publication as required by law.
END OF PROPOSED ORDINANCE G617
Gulf I Newspapers
P.O..-Box 509
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
❑ The Ledger, Elberta-Lillian, AL
Robertsdale, AL 36567
Phone (334) 947-7712-,--
State of Alabama MY COMMISSION EXPIRES MAY 22, 2002
County of Baldwin
Swom to and subscribed before me
this Z ,
day ofR-
20 Dd
Nota Public, Baldwin County, Alabama
a weekly newspaper published in Baldwin County, Alabama- -
Second Notice of Public Hearing North Section Street, Fairbope, AL
❑ I Notice Is hereby given the 36S32.
Weekend Edition (includes The Fairhope Courier, The second time that the Fairho CityAll
Council will hold a Public Hearing have anpersons
o opportunity who desire shall
Onlooker, rd In
on a proposed Ordinance favor of, rr In pposition o be to this
The Islander, and The Bulletin) Amending Z�nJOrdinance o,sedOrin and are�557 on AoYuly cordiallylnvdbe
5:30 p.m., Falrhope Municipal Synopsis of proposed
Publication Date Cost: w(ordsrnchVes x rate Complex Council Chamber, 161 Ordinance to be considered:
qv 3 /� � � "� Logal Description: ( case number ZC OD-07)
. 1
Ordinance printed in full In June
17, 2000 Issue of the Fairhope
Courier:
An Ordinance Zoning Michael I
Wesley's property, located north I
side of Windmill Road, east of
County Road 27 from RA.
Residential Agriculture to R2-
Single Family
C-6.24
COMMENCE AT TIIC SOUTHEAST CORNER OF THE SOUTIIWUST QUA1lTCIt Or THL SOUTH WEST OUARTER
OF SUCI ION 14, TOWNSHIP 6 SnUTH, RANOD 1 CAST, ST. STEPHENS MCRIUTAN, AND RUN THP.NCE NORTH
1 00" 13' EAST,17.0 FEET TO A CONCRIiTL• BLOCK AIAIII:L'R SITUATED AT THE SOUTHEAST CORNEI( OF LOT
1, "WINDMILL NORTH" SUBDIVISION AS RECORDED AT SLIDE FILE NUMBER 13"-A PROBATE ttCCOKD3,
BALD WIN COUNTY, ALABAMA, FOR T4R POINT OF DEGINNING: THENCE RUN SOUTH 97. 32• WERT, ALONG
AND WITH THE NORTH RIGHT-OF-WAY OF"IIADCK WINDMILL ROAD", I66 R FEET TO AN IRON PIN
MARKER SITUATED AT THE SOUTIMASt CORNLIR OF LOT 1, SAID "WINDMILL MmTlr• SUBDIVISION; 1 TIENCC RUN NOR11100. 13' UAST, ALOHO AND WITH TIIE EAST LING OF SAID LOT 1, 1300 FEET TO AN
IRON YIN MARKER; T14RNCR RUN SOUTH 1f 1 !IX WEST, ALONG AND WITH THE NORTH LINE OF SAID LOT 1.
TOTAL: $ ' 2-971 19•23 FEET TO AN IRON PIN MARKER; 7 HUNCB RUN SOITFH Dot la•'A'Esr, ALONG AND
LWITI I T IE WESTLINE OF SAID LOT 1, 1NN.11 FRDT TO AN MON rRN MARKER SITUATED ON THE NORTH RIOHT-OF• WAY OF
%& SAID "HAaRK WINDMILL ROAD', TIBNCII RUN SOUTH Nv 32' WFST, ALONG AND WITH SAID NORTH
a RIGIR-OF-WAY, to 0 rUBT TO A CONCRETE BLOCK MARKER SITUATED AT TIIC SouTIMAST CORNER OF
COT 7 "OLSEN ACRE". AS RECORDED IN MAP DOOK OUNTY ALAD MASTHUNCE RUN NORTH 0o- Ir EAST, ALONG AND WITI AN EXTENSION ppt
WIN
I NU BAST
Legal Ad Representative LINE OF SAID LOT 7, 6301 FRET TO A CONCRETG DLOCK MARKER; THENCE RUN NORTH 6F' 47 RAST.
ALONG AND WITH THE EASTERLY PORTION OF THE SOUTH LINE OF LOT 3 OF SAID "OLSEN ACRES". 314.13
nda Robins PERT TOACONCRETCBLOCKAIARKERSITUATF,DATTHE SOUTHEAST CORNER orSAID LOT 5;1IIENCL I
RUN SOUTH 001 I3' WUST, 611,0 PERT TO THE POINT OF BN CGNING. PARCEL CONTAINS 4.47 ACRES, AIORR
BILL TO: OR LESS, AND IS THR *AST HALF OF TIIE SOUTIICAS-r QUARTUK OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OFSBCi7ON14, UNTY
TOWNSHIP6SOUTH,RANGEIEAST.OALDtcINCO, 1 ALADAAIA LOSS AND CXCUYT LOT I OF'-WINDARLL NORTir AND TB SOUTHERN 111HURU0F FOR klGHT-OP.WAY OF "HAREK WINDMILL ROAD".
I �
r � _
ATTN:
P.O./File Number
FOR OFFICE USE ONLY
Paid ...................... Unpaid i�...........
Account No.. " • • & 000/jp
AFFIDAVIT.
This is to certify that the attached legal notice/advertisement
appeared in:
❑ The Baldwin Times, Bay Minette, AL
p The Bulletin, Daphne, AL
p 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
1-15 f�,� X. ►co
TAL: S
Legal Ad Representative
- Gina Lin ell
BILL TO: --W C(D4 CAA
ATTN
P.O./File Number
FOR OFFICE USE ONLY 1 /
Paid ...................... Unpaid . ........
Account No.
Gulf 't Newspapers
P.O. Box 509
Robertsdale, AL 36567
Phone (334) 947-7712
state of Alabama
County of Baldwin MY COMMISSIX41 EXPIRES MAY 22, 2002
Sworn to and subscribed before me
this /f
day of
1
v
Notary PUblic, Baldwin County, Alabama
ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO. 557
KNOWN AS THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as
follows:
The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August
1975, together with the Zoning Map of the City of Falrhope, be and the some hereby Is
changed and altered In respect to that certain property described below:
The appropriate public nollco and hearing of, the Planning and Zoning
Commission of the City of Falrhope, Alabama, has forwarded a favorable
recommendation.
The property of Michael Wesley located North side of Windmill Road, East of
County Road 27.
Legal Description: ( case number ZC 00.07)
COMMENCE AT THE SOUTHCAST CORNETT Or THE SOUTIIWEST QUA RTF.R OF TIIC SOUTHtVF.ST QUARTCK
OF SECTION K TOWNSHIP 6 SOUTI I, kANGF.2 EAST, ST STP.PHENS MERIDIAN, AND RUN TIICNCI NORTil
00' IF EAST, 33A FEET TO A LUNCRSTa OLOCK MARKER SITUATED AT THE SOUTIICAS r CORNER OF LOT
), "WINDMILL NORTH" SUBDIVISION AS RECORDED AT SLIDE FILE NUAIDEk 1399•A rnODATC RECORDS,
BALDWIN COUNTY. ALADAMA, FOR TIIE POINT OF BEGINNING: THENCE RUN SOUI H M9. 31' WEST, ALONG
ANU W ITIi TIIC• NOtITH RIOT IT•Or-WAY OF "IIADCK WINDMILL ROAD", 1660 FEET TO AN IRON PIN
MAUCk SI'IUATBD AT TIIE SOUTHEAST COIW LR OFITH LOT 1, SAID -WINDMILL NOR-- H- SVnDIVISION;
TO AN
IRON PM MARKER: THENCE RUN SOUTH a9!)' WEST?THE EAST LING D
ALONG AND WITH TIC NORTH LINE OFr SAID LOT 1, l3le ISAID LO T I,
a9 23 FEET TO AN IRON FIN MARKER; THENCE ItVN SOUTI100. 1R' WEST, ALONG AND WRIT TIIC WCST
LINE Of SAID LOT I, INN,O FEET TO AN IRON PRIN MAIEKL'It SITUATED ON'1'IIE NORTH TUGI IT-OI'-WA Y OF
SAID "IIADEK WINDMILL ROAD T14VNCa�n7N SOUTH 69' ST WEST, ALONG AND WITIT SAID NORTH
RI011T-OF-WAY, 80.0 FEET TO A CONCRETE BLOCK MARKER SITUATED AT TIIC SOUTHEAST CORNCIt OF
CUT'/ "OLSEN ACRES", AS RRCORDED IN AIAP nOOK 11. AT PAOF 196 PIIOUATe Rr.CORDS. DALDN'IN
COUNTY, ALABAMA; THENCE RUN NORTH 00• IL' CAS r, ALONG AND WIr11 AN IIXTENSION 01' THE EAST
LINE OF SAID LOT 7.630.8 FEET TO A CONCICTC BLOCK MARKER; THENCB RUN NOltl'H N0• e9' CAST,
ALONG AND WITH TILE EASTERLY PORTION OF TIIE SOUTH LINE. OF LOT 3 Or SAID "OLSEN ACRES". 314 NS
FEET TO A CONCRETE BLOCK MARKER SITUATED AT TIIE SOUTHEAST CORNER OF SAID LOT S.'rIIENCE
RUN SOUTI100' 13' WEST, 631.0 FECT TO THE. POINT Or nLGINNING. PARCEL CONTAINS 4.47 ACRES, MORE
oft LESS. AND 19 THE EAST I IALF OF THE SOUTI ICAST QUARTER OF Tire SOUTHWEST QUARTER OFTHE
SOLMI WEST QUARTER Or SECTION 14- TOtt'NSIIIP 6 SOUT11, RANGE 2 L'AST, BALDWIN COUNTY,
ALADAFIA, LESS AND EXCEPT LOT 1 Or -WIN U611LL NORTIr' ANU THP SOUfIIERN )) THERPOF Fort
RIGHT-OF-WAYOF-IIAUCK WINDAIILLROAD".
Thu cllsslllcation of said property is hereby changed from RA -Residential
Agriculture to RZ Single Family. This property shall hereafter be lawful to construct on
such property any structures permitted by Ordinance No. 557 and to use sold premises for
any use permitted or building sought to be erected on said property shall be in compliance
with the building laws of Ilia City of Fairhope and that any structure shall be approved by
the Building Official of The City of Falrhope and that any such structure be erected only in
compliance with such laws, including the requirements of Ordinance No. 557.
Sovorablllty Clause - It any pert, section of subdlvlslon of This ordinance shall be
held unconstitutional or In valid for any reason, such holding shall not be construed 10
Invalidate or Impair the remainder of this ordinance, which shall continue in full force and
effect notwithstanding such holding.
Effocllvo Data - This ordinance shall lake effect Immediately upon Its due adoption and
publication as required by low.
ADOPTED THIS THE 101h DAY OF July , 2000.
J es P. Nix, Mayo
Attest:
GEN .. W. John�Cl.,4 C-7.15