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Home My WebLink AboutO-1092ORDINANCE NO. 1092 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: After the appropriate public notice and hearing, the Planning and Zoning Commission of the City of Fairhope, Alabama, has forwarded a recommendation to approve the request. The property owned by Fairhope Single Tax and Benjamin Manifold, located on the West side of Co. Rd. 27, South of Windmill Rd.. Legal Description: (case number ZC 00-15) Parcel 1 From the Northeast corner of Section 22 Township 6 South, Range 2 East, St. Stephens Meridian, run South 00 degrees 31' 10" East along the Section line, 664.32 ft; Thence run North 89 degrees 59' 10" West, 40 ft to a marker on the West ROW of Co Hwy 27(Belforest Road) for a Point of Beginning: Thence run North 89 degrees 59' 10" West, 521.60 ft. to an iron pin marker; Thence run North 00 degrees 35'30" West, 188.78 ft. to an iron pin marker; Thence run East 521.78 ft to an iron pin marker on the West ROW of Co. Hwy 27; Thence run South 00 degrees 33' 00" East, 188.86 ft. to the Point of Beginning. Parcel contains 2.26 acres more or less and lies in the Northeast Quarter of Section 22 Township 6 South Range 2 East Baldwin County, Alabama. Parcel 2 From the Northeast corner of Section 22 Township 6 South, Range 2 East, St. Stephens Meridian, run South 00 Degrees 31' 10" East along the Section line, 455.45 ft. to a point; Thence run West 40.11 ft. to a crimped top iron pipe on the West ROW of Co. Hwy. 27 (Belforest Road) for the Point of Beginning: Thence continue West 730.43 ft to a crimp top iron pipe marker; Thence run South 00 degrees 36' 20" East, 208.68 ft to a crimp top iron pipe marker; Thence run South 89 degrees 59' 10" East, 208.63 ft to an iron pin marker; Thence run North 00 degrees 35' 30" West, 188.78 ft to an iron pin marker; Thence run East 521.78 ft. to an iron pin marker on the West ROW of Co. Hwy 27; Thence run North 00 degrees 33' 00" West along the West ROW 20 ft to the POINT OF BEGINNING. Parcel contains 2.4 acres more or less an lies in the Northeast Quarter of Section 22 Township 6 South Range 2 East Baldwin County, Alabama. The classification of said property is changed from RA -Residential Agriculture to R1- Single Family Residential. 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 invalid 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 11`h DAY OF September 2000. a Ja es P. Nix, Mayor Attest, Geniece W. Johnson ity Clerk CITY OF FAIRHOPE CITY COUNCIL COVER SHEET September 11, 2000 ZC 00-15 Public Hearing to Consider the Request of Benjamin Manifold to • Rezone from RA- Residential Agriculture to RI -Single Family (Generally Located Just South of Windmill Rd. West of Co. Rd. 27) Mr. Manifold is the leaseholder of approximately 3.5 acres of property located just south of Windmill Rd. on the west side of Hwy 27. The property is currently zoned RA - Residential Agriculture. The RA district has a minimum lot area of 3 acres. Mr. Manifold desires to accomplish a family division of the property so his children may construct a home. However, because the lots will be less than 3 acres Mr. Manifold is required to apply for a zoning change. The request is in conformance with the adopted Comprehensive Land Use Plan. The Planning Commission sends a recommendation to approve the request. STAFF RECOMMENDATION: To approve ZC 00-14 as requested. Respectfully Submitted for Consideration, Christophgr D. Baker Director o Planning and Building Q MANIFOLD PROPERTY N Parcel 0.3 0 0.3 0.6 Miles FAIRIJOPE PLANNING COMMISSION 8/712,oe FINAL REPORT OF ZONING AMENDMENT Text Change to Zoning Ordinance _Request for change of Loring District r By: (Apple Olt) Description and IN'Iap 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 —X—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 Rev 9/98 Voting Aye VoilnL, Na}, .Abstain Respectfully submitted. Chairman 0.T./.P, F Fence nee 20B. 63 ' STATE OF ALABAMA) /V(3,9 °S,9' 10 "H/ ^- 7,30. 23 ' 4C7`. S COUNTY OF BALDWIN) We, FAIRHOPE TITLE & SURVEY COMPANY, INC., a firm of registered engineers and land suj'veyorS of Fz"i' hOPe, Alabama (100 North Bancroft Street.), hereby state th��t: the above is a correct map or plat of the following described property-ituatec.1 in f3aldwi.n Courity, nlahMTla, i TO -WIT: PARCEL N, 1 FROM THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 2 EAST, ST. STEPHENS MERIDIAN, RUN SOUTH 00' 31'10" EAST, ALONG THE SECTION LINE, 664.32 FEET; THENCE RUN NORTH 89' 59'10" WEST, 40 FEET TO A MARKER ON THE WEST RIGHT-OF-WAY OF COUNTY HIGHWAY NO. 27 (BELFOREST ROAD) FOR A POINT OF BEGINNING: THENCE RUN NORTH 89' 59'10" WEST, 521.60 FEET TO AN IRON PIN MARKER; THENCE RUN NORTH 00' 3513011 WEST, 188.78 FEET TO AN IRON PIN MARKER; THENCE RUN EAST, 521.78 FEET TO AN IRON PIN MARKER ON THE WEST RIGHT-OF-WAY OF COUNTY HIGHWAY NO. 27; THENCE RUN SOUTH 00' 33'00" EAST, 188.86 FEET TO THE POINT OF -BEGINNING. PARCEL CONTAINS 2.26 ACRES, MORE OR LESS, AND LIES IN THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. (DESCRIPTION COMPOSED FROM OFFICE RECORDS, FIELD SURVEY AND LEASE FROM FAIRHOPE SINGLE TAX CORPORATION) PARCEL W 2 FROM THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 2 EAST, ST. STEPHENS MERIDIAN, RUN SOUTH 00' 31'10" EAST ALONG THE SECTION LINE, 455.45 FEET TO A POINT; THENCE RUN WEST 40.11 FEET TO A CRIMP -TOP IRON PIPE ON THE WEST RIGHT-OF-WAY OF COUNTY HIGHWAY NO. 27 (BELFOREST ROAD) FOR THE POINT OF BEGINNING: THENCE CONTINUE WEST 730.43 FEET TO A CRIMP -TOP IRON PIPE MARKER; THENCE RUN SOUTH 00' 36120" EAST, 208.68 FEET TO A CRIMP -TOP IRON PIPE MARKER; THENCE RUN SOUTH 89' 5911011 EAST, 208.63 FEET TO AN IRON PIN MARKER; THENCE RUN NORTH 00' 35'30" WEST, 188.78 PEET TO AN IRON PIN MARKER; THENCE RUN EAST, 521.78 FEET TO AN IRON PIN MARKER ON THE WEST RIGHT-OF-WAY OF COUNTY HIGHWAY NO. 27; THENCE RUN NORTH 00' 33'00" WEST ALONG THE WEST RIGHT-OF-WAY 20 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 1.24 ACRES, MORE OR LESS, AND LIES IN THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 2 FAST, BALDWIN COUNTY, ALABAMA. (DESCRIPTION COMPOSED FROM OFFICE RECORDS, FIELD SURVEY AND LEASE FROM FAIRHOPE SINGLE TAX CORPORATION) :.r AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: [l The Baldwin Times, Bay Minette, AL ❑ The Bulletin, Daphne. AL )aThe Fairhope Courier, Fairhope, AL ❑ The Independent, Robertsdale, AL ❑ The Onlooker, Foley, AL ❑ The Islander. Gulf Shores, AL C The Ledger. Elberta - Lillian, AL a weekly newspaper published in Baldwin County. Alabama El Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate CCU -n (_e3o A I i (_o TOTAL: S I C>D - Legal Ad Representative Gina Lindell BILL TO: a 1 o, 1 ATTN: P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid )(............. .............. Account No. ( -0 C()oILS __ Gulf Coy. ewspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin MY COMMISSION EXP:9ES MAY 22, 2002 Sworn to and subscribed before me this o21 day of 20 �O Notary Public, Baldwin County, Alabama A Offs- ,b uku NOTICE OF PUBLIC HEARING Notice Is hereby given that the Fairhope City Council will hold a Public Hearing on the following proposed Ordinance Amending Zoning Ordinance No. 557; on: nndag Anpipmhor 112nnn I I 5:30 p.m.; Fairhope Municipal Complex Council Chamber, 161 North Section Street; Falrhope, AL 36532. r All persona 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. Gentece W. Johnson, City Clerk I ORDINANCE NO. I AN ORDINANCE AMENDING ORDINANCE NO.557 I KNOWN AS THE ZONING ORDINANCE I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: IThe ordinance known as the Zoning Ordinance (No. 557); adopted 11 August I1975, together with the Zoning Map of the City of Felrhops, be and the some hereby Is changed and altered In respect to that certain property described below: i After the appropriate public notice and hearing, the Planning and Zoning Commission of the City of Fakhope, Alabama, has forwarded a recommendation to approve the request. The property owned by Falrhope Single Tax and Benjamin Manifold, located on the West aids of Co. Rd. 27. South of Windmill Rd.. Legal Description: (case number ZC 00.15) Parcel 1 From the Northeast comer of Section 22 Township B South, Range 2 East, St. Stephens Meridian, run South 00 degrees 31' 10" East along the Section line. 664.32 ft: Thence run North 89 degrees 59' 10" West, 40 It to a marker on the West ROW of Co Hwy 27(Belforest Road) for a Point of Beginning: Thence run North 89 degrees 59' 10" West. 521.60 ft. to an Iron pin marker, Thence run North 00 degrees 35'30" West, 168.76 ft. to an Iron pin marker, Thence nm East. 121,711 to an Iron pin marker on the West ROW of Co. I IHwy 27: Thence run South 00 degrees 33' 00" East.188.86 ft. to the Point of Boginning• Parcel contains 2.26 acres more or less and Iles In the Northeast Quarter of Section 22 Township 8 South Range 2 East Baldwin County, Alabama. Parcel From the Northeast comer of Section 22 Township 6 South, Range 2 East, SL Stephens Meridlen, run South 00 Degrees 31' 10' East along the Section line, 455.45 ft. to a pointy Thence nm West 40.11 ft. to a crimped top Iron pipe on the West ROW of Co. Hwy. 27 (Belforest Road) for the Point of 6eghining: Thence continue e West 730.43 ft to a crimp top Mon pipe marker Thence nut South 00 dagress 38' 20" test, 208.68 ft to a I crimp top Iron pipe marker, Thence run South 89 degrees 59',10" East. 208.83 ft to an Iron pin marker, Thence run North 00 degrees 35' 30' West, 156.78 ft to an Iron pin marker. Thence run East 521.78 IL to an Iron pin marker on tiro West ROW of Co. Hwy 27; Thence run North 00 degrees 33' 00' West along the West ROW 20 ft to the POINT OF BEGINNING. Parcel contains 2.4 acres more or less an Has In the Northeast Ouerter of Section 22 Township 6 South Range 2 East Baldwin County, Alabama. The classification of sold property Is changed from RA-Resldontlal Agriculture to R1- Single Family Residential. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 657 and to use sold premises for any use permitted or building sought to be eroded on sold property shall be in compliance with the budding laws of the City of Fslrhops and that any structure shall be approved by the Building official of The City of FsIrhope and that any such structure be erected only In compliance with such laws. Includktg the requirements of ordinance No. 657. Soverobllity Clause - If any part. section of subdivision of this ordinance shall be held unconstitutional or Invalid for any reason, such holding shall not be construed to Invalidele or Impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. EHoctivo Date - This ordinance shall lake erred immediately upon Its due adoption and put4icalion as required by taw. END OF PROPOSED ORDINANCE — C-8.19- AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: The Baldwin Times, Bay Minette, AL L7 The Bulletin, Daphne. AL -The Fairhope Courier. Fairhope. AL Ci The Independent, Robertsdale. AL C1 The Onlooker, Foley, AL Ct The Islander. Gulf Shores, AL C The Ledger. Elberta - Lillian, AL a weekly newspaper published in Baldwin County. Alabama G Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date C`6-2U Cost: words/inches x rate 925 x � l �D TOTAL: S Sa -00 Legal Ad Representative nn -- Gina Lindell BILL TO: �l.�t i1 E #� �IC)(s Q ATTN P O File Numt:er FOR OFFICE USE ONLY Paid Unpaid Acc�,)unl No U_Qo -.0 — -- — Gulf Coas, 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 20 OD Atz-z— Notar/Public.c. Balder in County. Alabama MY COMMISS;ON EXPIRES MAY 22, 2002 &-0- X-Q�- SECOND NOTICE OF PUBLIC HEARING I I Notice is hereby given the second time that the Fairhope City Council will hold a Public Hearing on a proposed Ordinance Amending Zoning Ordinance No. 557; on I Mondayygptember 11 2000 At Fairhope 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 f In opposition to, this proposed Ordinance and are cordially invited to be present. SYNOPSIS OF PROPOSED ORDINANCE TO BE CONSIDERED; I ORDINANCE PRINTED IN FULL IN _August 19 2000 ISSUE OF THE FAIRHOPE COURIER: AN ORDINANCE ZONING FST AND BENJAM N MANIFOLD'S PROPERTY FROM RA -RESIDENTIAL AGRICULTURE TO RI-S!NGLK FAMILY RESIDENTIAL. The property owned by Falrhope Single Tax and Ben)amin Manifold, located on the West aide of Co. Rd. 27, South or Windmill Rd.. Legal Description; (case number ZC 00.15) P.!!cel I From "Northeast comer of $action 22 Township B South, Range 2 East, St. Stephens Meridian, run South 00 degrees 31' 10' East along the Section Ilne. 664.32 It; Thence run North 89 degrees 5710' West. 40 It to a marker on the West ROW of Co Hwy 27(Belforest Road) for a Point of Beginning: Thence run North 89 degrees 59' 10" West, 521.80 ft. to an Iron pin marker; Thence run North 00 degrees 35'30" Wesi. 1aa.78 ft. to an Iron pin marker; Thence run East 521.78 ft to an Iron pin marker on the West ROW of Co. Hwy 27; Thence run South 00 degrees 33' 00' Earl, 188.86 R. to the Point of Beginning. Parcel contains 2.26 acres more or less and lies In the Northeast auarter o1 Section 22 Township 6 South Range 2 East Baldwin County, Alabama. Parcel Fran the Northesal comer of Section 22 Township 6 South, Range 2 East, St. Stephens Meridian, run South 00 Degrees 31' 10" East along the Section line, 455.45 ft. to a point; Thence run I West 40.11 A. to a crimped lop Iron pipe on Me West ROW of Co. Hwy. 27 (Betiorest Road) for the Point of Beginning: Thence continue West 730.43 ft to a Crimp lop Iron pipe marker, Thence run South 00 I degrees 36' 20" East, 200.8a ft b a crimp top Iron pipe marker, Thence run South 89 degrees 59' 10- East, 208.63 A to an Iron pin marker Thence run North 00 degrees 35' 30" Went, 188.78 n to an Iron pin marker, Thence nm East 521.78 ft. to an Iron pin marker on are West ROW of Co. Hwy 27; Thence run North 00 degrees 33' 00" West along the West ROW 20 ft to the POINT OF BEGINNING. Parcel contains 2A acres more or less an ides In the Northeast quarter of Section 22 Township 8 South Range 2 East Baldwin County, Alabama. C-6.26 C1V1 i. T.::S :5 : ca-: •i .nal:nC a:'acna='3-al „C::C3i?r/e�:53r'2•^• - 3 a=_=3r?: 'n' C T 1-e Eakt'--n —11r-e5. Say iVliroiie. AI_ C -ne=uIIet!n. 0a_nre. AL -„e =dir-C:e CCurl=r. gdlr-C_?. AL r i i:? •�ntCC�t_ ICI?`/. _ ,f Sr. :=CIi1C,: 0r.03 T, _ Trc CriCCk-=". Czsc. 'NCr5:inC'e5 x ;2:_ C. cl -1 U 50 1F' X • I to LP DOW-F Gu►` Coast P.O. Ecx 509 FcteI tSuaIE, AL c:.67 P�ci (33�) °c7-7 i 12 Caunr/ of Sai_:vtri MY COMMISSION EX?:,ICSMAY 21,2002 Sworn i0 ara SUCSCnCe. JeFCre r-2 Ir:s f9 Ccy of .✓ � �CLHaii C� N�,•-_ � .^—.C,- n c_r, �.. ..r•/ tea=: ^a _ _�....��. Ordinance No.1092 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: I The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975, together with the Zoning Map of the City of Fokhope, be and the some hereby is changed and altered In respect to that certain property described below: After the appropriate public notice and hearing, the Planning and Zoning Commission of the City of Folrhope. Alabama, has forwarded a recommendation to approve the request. I The property owned by Falrhops Single Tax and Ben)amin Manifold. located on the West side of Co. Rd. 27, South of Windmill Rd.. Legal Description: (case number ZC 00-15) Parcel 1 From the Northeast comer of Section 22 Township 6 South, Range 2 East, St. Stephens Meridian, nm South 00 degrees 31' 10" East along lho Section Ine, 664.32 ft: Thence run North 89 degrees 59' 10" West. 40 ft to a marker on the West ROW of Co Hwy 27(Belforest Road) for a Point of Beginning: Thence run North 89 dogrees 57 10" West. 521.60 ft. to on Iron pin marker; Thence nm North 00 degrees 3510" West, 188.79 ft. to an Iron pin marker. Thence run East 521.78 ft to an iron pin marker on the West ROW of Co. Hwy 27; Thence run South 00 degrees 33' 00' East, 188.86 ft. to the Point of Boglnntng. Parcel contains 2.25 acres more or less and lies In the Northeast Quarter of Section 22 Township 6 SmAh Range 2 East Baldwin County. Alabama. Parcel From the Northeast comer of Section 22 Township 6 South, Range 2 East, St. Stephens Meridian, run South 00 Degrees 31' 10" East along the Section line. 455.45 ft. to a point: Thence run West 40,11 ft. to a crimped lop iron pipe on the West ROW of Co. Hwy. 27 (Belloroat Road) for the Point of Beginning: Thence continue West 730.43 ft to a crimp top Iron pipe marker, Thence run South 00 degrees 36' 20" East, 208.68 ft to a crimp lop Iron pipe marker, Thence run South 89 degrees 59' 10" East, 208.63 ft to an Iron pin marker, Thence nm North 00 degrees 35' 30" West, 168.78 It to an iron pin marker; Thence run East 521.76 ft. to an Iron pin marker on the West ROW of Co. Hwy 27; Thence run North 00 degrees 3Y 00" West along the West ROW 20 ft to the POINT OF BEGINNING. Parcel contains 2.4 acres more or lass an lies In the Northeast Quarter of Section 22 Township 5 South Range 2 East Baldwin County. Alabama. The classification of said property Is changed from RA-Rosidential Agriculture to R7- Single Family Residential. 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 Fokhope and that any structure shall be approved by the Building Official of The City of Fokhope and that any such structure be erected only in compliance with such laws, Including et♦ requirements of Ordinance No. 557. Sevorabllity Clause - if any part, section of subdivision of this ordinance shall be held unconstitutional or Invalid for any reason. such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continuo In full force and effect notwithstanding such holding. I ENectivo Data - This ordinance shall take effect Immediately upon its due adoption and I Ipublication as required by law. j ADOPTED THIS THE 11TH DAY OF SEPTEMBER , 2000. Attest Ames P. Nix, ayor I ` i (�L'4 Geniece . Johnao VCIIj Clerk C-9.16