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Home My WebLink AboutO-1099ORDINANCE NO, 1099 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 Maclin Smith located at 399 North Section Street. Legal Description: ( case number ZC 00-17) From the Section Corner common to Sections 7,8,17, and 18 Township 6 South Range 2 East, run West along the North Boundary to Section 18, a distance of 52.94 feet to an Iron Pin Corner Marker and the POINT OF BEGINNING: Thence, continue West along said line, 238.06 feet to a point in Bayou Charbon Gully; thence run South 400 East, or nearly so 130 feet more or less to an Iron Pin Marker; thence run South 200 East, along Bayou Charbon Gully, 149 feet to an Iron Pin Marker; thence run South 530 45' East, continuing along said Gully, 174 feet to a point on the West margin of Section Street in the Town of Fairhope, Alabama; thence run North 200 East, along said ROW, 96.4 feet to an Iron Pin Marker; thence run North 440 29' West, 209.9 feet to a 3-inch Iron Pipe; thence run North 450 31' East, 100 feet to a Concrete Block Corner Marker; thence run North, 37.4 feet to the POINT OF BEGINNING. Parcel contains 1 acre, more or less and lies in the Northeast 1/4 of Section 18 and within the Northwest 1/4 of Section 17, Township 6 South, Range 2 East, Baldwin County, Alabama. The classification of said property is hereby changed from R2-Single Family Residential to B1-Local Shopping. 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 8`h DAY OF January , 2001. aTioth;yM!!). ant, layor Attest: Geniece W. Johnson, y Ierk Smith Zoning Change Parcel Lot W N s E FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT Text Change to Zoning Ordinance Request for change of Zoning District 0 By Ct CI I A ^l ,,,/I..—% �n (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 (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 Rcv. 9/9S _ `X J'j ` Voting Aye Voting Nay Abstain Respectfully submitted: 1� Chairman JAMES P. NIX, C M.O. MAYOR GENIECE W. JOHNSON CITY CLERK City of Fairhope P. O DRAWER 429 FAIRHOPE, ALABAMA 36533 1334) 928-2 136 FAX 13341 928-6776 COUNC I LM EM BE PS. JOHN V. DUCK MICHAEL A. FORD, C.M.O. WILLIAM H. JONES JEANETTE PUCKETT, C M.O. DEBBIE W. QUINN As a resident/property owner within 300 ft. of the below listed property you are being notified and are welcome to attend the meeting. At the Fairhope Zoning Commission meeting scheduled for November 6, 2000 at 5.00PM at the City Administration Building, 161 N. Section Street in the Council Chambers a public hearing will be held on a re -zoning request from R-2 to B-1 of H. Maclin Smith for his property located just south of Bay Flooring across from Bayou Drive on Section Street further described as: From the Section Corner common to Sections 7, 8, 17 and 18, Township 6 South, Range 2 East, run West along the North Boundary of Section 18, a distance of 52.94 feet to an Iron Pin Corner Marker and the Point of Beginning- Thence continue West along said line, 238.06 feet to a point in Bayou Charbon Gully- thence run S 40 E, or nearly so, 130 feet, more or less, to an Iron Pin Marker; thence run S 20 E, along said Bayou Charbon Gully, 149 feet to an Iron Pin Marker; thence run S 53 4-5'E, continuing along said Gully, 174 feet to a point on the West margin of Section Street in the Town of Fairhope, Alabama; thence run N 20 E, along said right-of-way, 96.4 feet to an Iron Pin Marker; thence run N44"29'W, 209.9 feet to a 3-inch Iron Pipe; thence run N4'5,31' E, 100 feet to a Concrete Block Corner Marker; thence run North, 37.4 feet to the Point of Beginning. Parcel contains 1 acre, more or less, and lies in the Northeast 114 of Section 18 and within the Northwest 1/4 of Section 17, Township 6 South, Range 2 East, Baldwin County, Alabama. All interested parties are welcome to attend. Betty Rivenbark, Secretary Planning & Zoning Commission ® THE CITY OWNS ITS WATER WORKS. ELECTRIC DISTRIBUTION SYSTEM. GAS SYSTEM AND SEWERAGE SYSTEM AFFIDAVIT: This is to certify that the attached legal notice advertisement appeared in: C The Baldwin Times, Bay Minette. AL C Tfje Bulletin, Daphne, AL C he Fairhope Courier, Fainccpe, AL E7he Independent. Robertsdale. AL C The Onlooker, Foley. AL LE The Islander, Gulf Shores. AL C The Ledger. Elber,a - Lillian. AL a weekly ne•,vspaper publis`'ed in Bald',vin County. Alabama rNOTICE OF PUBLIC HEARING f — � INotice is hereby given that the Fairhope City Council will hold a Public Hearing on the Weekend Edition (includes The Faincope Courier. The 'following proposed Ordinance Amending Zoning Ordinance No. 557; on: Onlooker, The Islander, and The Bulletin) Gulf G, jt Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin MY COMMISSION EXPIRES MAY22, 2002 Publication Date 0,1 a -C) Sworn to and subscribed before me this day or ��✓ 20 60 Ncta / Public, Baldwin County. Alabama 6:00 p.m.; Fairhope Municipal Complex Council Chamber, 161 North Section Street; Cost: words/inches x rate tFairhope, AL 36532. Z u 1f3 x I All persons who desire shall have an opportunity to be heard In favor of, or In opposit ��to, this proposed Ordinance and are cordially invited to be present. t TOTAL: S 'D l Legal Ad Representative Gina Lindell, BILL TO: ATTN. - - — -- — -- I P O File Nurncer --- —_� FOR OFFICE USE ONLY Paid Lip^a'd .... ... Geniece W. Johnson, City Clerk A 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 1975, together with the Zoning Map of the City of Fairhope, be and the @am* 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 properly of Maclin Smith located at 399 Noll Section Street Legal Description: ( case number ZC 00.17) From the Section Corner common to Sections 7,6,17, and 16 Township 6 South Range 2 East, run West along the North Boundary to Section 18. a distance of 52.94 feet to an Iron Pin Comer Marker and the POINT OF BEGINNING: Thence, continue West along said line, 238.06 feet to a PON in Bayou Charbon Gully; thence run South 40' East, or nearly so 130 feel more or less to an Iron Pin Marker; thence run South 20' East, along Bayou Charbon Gully, 149 feet to an Iron Pin Marker; thence run South 53' 45' East, continuing along sold Gully, 174 feet to a point on the West margin or Section Street in the Town of Fairhope. Alabama; thence run North 20' East, along said ROW, 96.4 feel to an Iron Pin Marker, thence run North 44' 29' Weal, 209.9 feet to a 34nch Iron Pipe; thence run North 45' 31' East• 100 feel to a Concrete Block Comer Marker, thence run North, 37.4 feet to the POINT OF BEGINNING. Parcel contains 1 acre, more or less and Iles In the Northeast 1/4 of Section 16 and within the Northwest iN or Section 17, Township B South, Range 2 East, Ballwin County, Alabama. The classification of sold property Is hereby changed from R2.81ngle Family Residential to 81-Local Shopping. 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 sold property she# be In compliance with the building lows or the City of Fairhopo and that any *trucks* 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. I Sevorablllty, Clause • If any part, section of subdivision of this ordinance @halt be held unconstitutional or In valid for any reason, such holding shag not be construed to Wwomale or Impair the remainder or this ordinance, which shall continue In hull force and effect notwithstanding such holding. Effective Dale - This ordinance *hall take effect Immediately upon Its due adoption and I Dub#ca#on as required bylaw. END OF PROPOSED ORDINANCE _ C-12.9 AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: ❑The Baldwin Times, Bay Minette, AL ❑The Bulletin, Daphne, AL El The Fairhope Courier, Fairhope, AL ❑The Independent, Robertsdale, AL El The Onlooker, Foley, AL ❑The Islander, Gulf Shores, AL ❑ The Ledger, Elberta - Lillian, AL aydeekly 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 off - I LP -1 X . 1 �p TOTAL: $ c55 .15 D Legal Ad Representative Gina Lindell BILL TO: l'd—J(1 9/ -Alct AI�� ATTN P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid .. ............ Account No. I& IU Gulf st Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama MY COtr County of Baldwin Sworn to and subscribed before me this 4 day of 20 06) i • ", G? Notpfy Public, Baldwin County, Alabama Second Notice of Public Hearing Notice is hereby given the second time that the Fairhope City Council will hold a Public Hearing on a proposed Ordinance I Amending Zoning Ordinance No. 1557 on Monday, January 8, 2001 at 6.00 p.m., Fairhope Municipal t Complex Council Chamber, 161 ` North Section Street, Fairhope, AL [` 36532. I All persons who desire shall i have an opportunity to be heard in t favor of, or in opposition to, this 1 proposed Ordinance, and are cordially invited to be present. Synopsis of proposed Ordinance to be considered: Ordinance printed in full in December 9, 2000 issue of The Fairhope Courier: An Ordinance zoning Maclin t Smith's property located at 399 1 North Section Street, from R2. Single Family Residential to B1- Local Shopping. The property of Maclin Smith located at 399 North Section Street. Legal Description: . (case I number ZC 00-17) From the Section Corner t common to Sections 7, 8, 17, and 1 18 Township 6 South Range 2 East, run West along the North i Boundary to Section 18, a distance 1 of 52.94 feet to an Iron Pin Corner t Marker and the Point of Beginning: Thence, continue West along said line, 238.06 feet to a point in Bayou 1 Charbon Gully; thence run South _ 40 degrees East, or nearly so 130 feet more or less to an Iron Pin Marker; thence run South 201 degrees East, along Bayou Charbon Gully, 149 feet to an Iron Pin Marker; thence run South 53 degrees 45' East, continuing along said Gully, 174 feet to a point of I the West margin of Section Street in the town of Fairhope, Alabama; thence run North 20 degrees East, along said ROW, 96.4 feet to an I Iron Pin Marker; thence run North r 1 44 degrees 29' West, 209.9 feet to a 3-inch Iron Pipe; thence run North 1 45 degrees 31' East, 100 feet to a 1 Concrete Block Corner Marker; thence run North, 37.4 feet to the Point of Beginning. Parcel contains 1 acre, more or less and lies in the Northeast 114 of Section 18 and within the Northwest 114 of Section 17, Township 6 South, Range 2 East, Baldwin County, Alabama C-12.16 „m 1 PAR c N0. ONE (1) Fr the Section Corner couuaorr to Sections � A and 18, 'I'o b South, Range 2 least 7 8 e Korth Bounda2 ` o , r�ul West a �,t, eIron Pipe Ma ker for-cdion 1g' d d�starlce of 3 feet an Q West 1 OF B�TIAVIN hence continue along said line, 7.84 run South 37.4 feet ta CIron Pill Marker; thence 31 E, 25 feet; thence � ontra to rker; therice run N 45 rtl, 1 Parcel contains 0.01 9.9 feat e Point of Beginnlr�, Northeast 1 e9, more or less, anti lies the 6 out e 2 a Northeast 1/4 of Section 18, Towns i East, Bald►rirl Cowltq, A]bama, Fo"•'� -- `—� PARCEL, N0. TWO (2) From the Section Corner common to Sections G South, halide 2 rzst 7, 8, 17 and 18, 1'oHnyhip \C\r a distance of ti run :Jest along the'North Bo 5” 94 feet to an Iron Pin Corner undary of Section .hence corlt.inuc +Jest alongMarker and the POINT OF D%LC1�1JrtJ ~ '\ thence rw1 S 4O said line, Z3S.06 feet �'' .� `N� Pin Marker h, or nearly $o 1 0 at to a poi i11 i3ayou Charbcrn i fl thence rwl S Apo L all 3 feet, more or less, to an 1rocj Iron Pin M rk er; , q said Bayou Charbon Gully, 1 `r a point on the 'Idest ,uar oS 53 451 F, contin 49 feet to ar: ence �- o ui��g along said 'I run N 4'0° B, along eaidgrj8 �f��on Street in the Town of F �'u1 el 174 feet• t:c, 29, W, airhvpe, Alabamd; thertc_> �'09.9 feet to y' 96.4 feet to an I.rori P 61ock Corner barker• a 3—inch Iron Pipe; thence o in Marker; thence run tl thence run North run N 45 311 B, 100 feet to a Cot;cr. to L acre, wore or 1�e9 , 37.4 feet to the Point of Beginf �f sp , and lies in the Northeast 1 ction .].7, T'ownship 6 South, , /4 of 5oction g• ParcH1. c:Or;ta:it::r Range East 18 a:YJ within the Itcrt.hs��sL 1; /, , Baldwin County, Alabama. AFFIDAVIT: This is to ceriry that the attac:;ed legal notica!advenisernant acceared in: C i ne Baldwin Times, Bay Minene. AL C The Bulletin. Daphne, AL CT: -a Fairlc.::e Ccur.er. Fair^.CCa. AL T . Indece.^.den,. AL _ T n_-nICCR- =ctev L I ne !slang-= . Gulf Si,.cras. AL 7 nc I--= C:`. =-ra LIIIIa-, A L a�=_ ly nc :spa p _'i5"c_ n Sal n CCI_.• ;/..''.la__ =CIi;On 0nc:udas T „e Tna Onicoker, The Islander, and The Bulletin) P'-clicaticn Date Cis,: wcrds.'inc�ies x rats 1-13 5-0 0 x . 1 , TOTAL:S S C� LaC_a! Ad Fcc 30ei1lGllVe rrGina Lindell SILL To: -CCfLA or K/ tr hWe- A T TN: - - — --'N;=:CE ,'SE CI%L� - Gulf east Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alacama Count/ of Salcvrin MY COMMISSTN EXPIRES MAY 22,202 Sworn to and subscribed before me this 155�--11 day ,f,u�.. 20 O Ordinance No. 1Ogg An Ordlnmu amending Ordinance No. 557 known as the Zoning Ordinance Be it ordained by the City t Council of the City of Fairhope, I Alabama, as follows: The ordinance known as the Zoning Ordinance (No. 557)„ adopted 11 August 1975, together r with the Zoning Map of the City of I Fairhope, be and the same hereby t is changed and altered in respect Ito 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 Maclin Smith I located at 399 North Section Street. I Legal Description: (case I number ZC 00-M From the Section Corner coMoon to Sections 7, 8, 17 and 18, Township 6 south, Range 2 East, run West along the North boundsry of Section 18, a distance CCuniy. A.:acarna lof 52.94 feet to an Iron pin comer it marker and the point of beginning; thence continue West along 'said line, 238.06 feet to a point in Bayou Charbon Gully; thence run S 40° E, or nearly so, 130 feet, more or less, to an iron pin marker; thence run S 20° E along said Bayou Charbon Gully, 149 feet to an iron pin marker; thence run S 53° 45' E, continuing along said Gully, 174 feet to a point on the West margin of Section Street in the town of iFairhope, Alabama; thence run N 20° E along said right-of-way, 96.4 feet to an iron pin marker; thence run N 44' 29' W, 209.9 feet to a 3- inch iron pipe; thence run N 45° 31' E, 100 feet to a concrete block corner marker; thence run North 37.4 feet to the point of beginning. Parcel contains 1 acre, more or less, and lies in the Northeast 114 of Section 18 and within the Northwest 1l4 of Section 17,( Township 6 south, Range 2 East] Baldwin County, Alabama. The classification of said Iproperty is hereby changed from R2-Single Family Residential to IB1-Local Shopping. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 557 and to use said premises I for any use permitted or building i sought to be erected on said i property shall be in compliance l 1 with the building laws of the City Iof 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, 1 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 Ireason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force f t 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 Sth day of I January, 2001. t Timothy M. Kant, Mayor Attest: Genlece W. Johnson, City Clerk C-1.13