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HomeMy WebLinkAboutO-1115ORDINANCE NO. 1115 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO ZONE PROPERTY AS A PLANNED UNIT DEVELOPMENT CONCURRENT WITH ANNEXATION 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 ID 1975, together with the Zoning Map of the City of Fairhope, be and the same hereby is 0 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 deny the request. The property is owned by Barry L. Booth, D.M.D., P.A. Employee Profit Sharing Plan, and the Estate of Pearly Ghaskin c/o Harold A. Hatch, located on the North side of Parker Rd, west of US Hwy 98 (4-Lane). Legal Description: (case number ZC 00-19) (Trentino) Commence at the record northeast corner of fractional Section 5, Township 6 South, Range 2 East St, Stephens Meridian, Thence run west along the North margin of said Section 5 a distance of 40 chains to a long established and accepted concrete marker which is situated a record distance of 73.5 feet west of the western margin of US Hwy 98, for a Point of Beginning; Thence run South 00 degrees 15 minutes 01 seconds west, 528.18 feet to a capped iron pin marker; thence run south 00 degrees 10 minutes 30 seconds west, 632.60 feet to a capped iron pin; thence run north 87 degrees 30 minutes 14 seconds west, along the (established north boundary of lands heretofore conveyed to Oscar Richardson), 365.00 feet to a crimped top iron pipe marker; Thence run south 00 degrees 26 minutes 03 second west 175.46 feet to a capped iron pin marker on the North margin of commercial center Parker Road subdivision, as shown by map or plat thereof record at Mapbook 10 page 14 Probate Record Baldwin County, Alabama; Thence run South 87 degrees 30 minutes 32 Seconds East, along said line 17.94 feet to a crimped top iron pipe marker at the northeast corner of lot 2 of said subdivision; Thence run south 15 degrees 41 minutes 21 seconds east, along the east margin of said lot 2, a distance of 207.13 feet to a capped iron pin marker on the north margin of Parker Rd.; thence run south 68 degrees 43 minutes 45 seconds west, along the said ROW, 60.29 feet to a capped iron pin marker; Thence run north 15 degrees 41 minutes 21 seconds west, 240.46 feet; Thence run northwesterly, along a curve to the right, having a radius of 75.0 feet, an arc distance of 13.19 feet (chord bears north 10 degrees 39 minutes 10 seconds west, 13.17 feet); Thence run north 05 degrees 36 minutes 59 seconds west, 136.30 feet; Thence run south 74 degrees 51 minutes 03 seconds west, 139.99 feet to a point on the east margin of lot 10 of Sibley Square Subdivision, as shown by map or plat thereof recorded at slide 890-A, Probate Records Baldwin County, Alabama; Thence run north 15 degrees 08 minutes 57 seconds west, along the east margin of said Sibley Square Subdivision, 2.84 feet to a crimp top iron pipe marker; thence continue, north 15 degrees 08 minutes 57 seconds west, along said line 255.6 feet to a crimp top iron pipe marker; Thence run north 15 degrees 08 minutes 57 seconds west, continuing along said line, 204.66 feet to a crimp top iron pipe marker; thence run north15 degrees 13 minutes 52 seconds west, 239.57 feet to a crimp top iron pipe marker; thence run north 15 degrees 38 minutes 50 seconds west, 138.52 feet to an old iron axle; thence run north 19 degrees 13 minutes 00 seconds west, 185.31 feet to concrete monument at the long established north west corner of the Gaskin Tract; Thence run east 908.19 feet to the POINT OF BEGINNING. Tract contains 20.09 acres more or less, and lies within fractional Section 5 and the William Patterson Grant Section 8, Township 6 South, Range 2 East, Baldwin County, Alabama. &4 /6 CITY OF FAIRHOPE P.O. DWR 429 FAIRHOPE, AL 36533 Ordinance No. 1115 Trentino Subdivision Page -2- The property is hereby zoned as a Planned Unit Development concurrent with annexation into the City of Fairhope. A. The property shall develop in substantial conformance with the Site Plan attached as Exhibit A. B. Any development of the property shall conform to the development regulations of maximum building coverage 65%, maximum building height 405, Uses - Single Family uses and related accessary uses only. Setbacks minimum: front 15 feet, rear 20 feet from the rear property line or from alley whichever is more restrictive. Side: 5 feet, Side street: 15 feet. C. The City Council amendments are attached as "Exhibit B". 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 09 DAY OF April , 2001 Attest: Geniece W. Johnson, Tity CI ZI.T0hym. Nant, M yor CITY OF FAIRHOPE P.O. DWR 429 InstrWWFlf WN \ FAIRHOPE PLANNING COMMISSION �� FINAL REPORT OF ZONING AMENDMENT l Text Change to Zoning Ordinance 4Request for change of Zoning District QLL'b — 1/U vX�� By: &kn (App Description and Map is attached The Commission has held a public hearing on this matter prior to this final report and wishes )o 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 __AWe 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 Voting Nay Abstain Respectfully submitted: V(�' 6 A a_� Chairman At the Fairhope Planning & Zoning Commission meeting scheduled for Tuesday, December 12, at 5:OOPM at the City Municipal Complex, 161 N. Section Street in the Council Chambers, a public hearing will be held on the following: A request of Dyas Development for zoning concurrent with annexation as a PUD - Planned Unit Development for the development of 63 single family residential lots for the following described property: COMMENCE AT THE RECORD NORTHEAST CORNER OF FRACTIONAL SECTION 5, TOWNSHIP 6 SOUTH, RANGE 2 EAST, ST STEPHF�\-S MERIDIAN, THENCE RUN WEST .ALONG THE NORTH MARGIN OF SAID SECTION 5, A DISTANCE OF -0 CHAINS, TO A LONG ESTABLISHED AND ACCEPTED CONCRETE MARKER WH Ch IS SITUATED A R!:CORD DISTANCE OF 73.5 FEET W-LST 07 THE WESTERN caARGIN OF U.S. HIGHWAY 98, FOR A POINT 0'- BEGINNING: THENCE RUN SOUTH 00 DEGREES 15 MINUTES 01 SECONDS WEST, 528.18 FEET TO A CAPPED IRON PIN MARKER; TI-ENICE RUN SOUTH 00 DEGREES 10 .MINUTES 30 SECONDS WEST, 632.60 FEET TO A CAPPED RON PIN MARKER; THENCE RUN NORTH 87 DEGREES 30 ViNiTES 14 SECONDS WEST, ALONG THE "ESTABLISHED NORTH BOUNDARY OF LANDS HERETOFORE CONVEYED TO OSCAR RICHARDSON", 365.00 FEET TO A CRIMP TOP IRON PIPE IMARKEr<: TI:ENC= RUIN SOUTH 00 DEGREES 26 MINUTES 03 SECONDS !.BEST, 175.46 FEET TO A CAPPED ,RO;N PIN- MARKER ON THE NORTH .MARGIN OF COMMERCIAL CENTER PARKER ROAD SUBDIVISION, , S q_riC',VN BY MAP OR PLAT THEREOF RECORDED AT MA? cCQK 10, PAGE 14, PROBATE RECORDS, BAL.DTNN COUNTY, ALABAMA; THENCE RUN SOUTH 87 DECREES 30 MINUTES 32 SECONDS EAST, ALONG SAID LINE, 17.94 FEET TO A CRIMP TOP IRON PIPE MARKER AT THE NORTHEAST CORNER OF 1_01 2 OF SAID SUBDIVISION; THENCE RUN SOUTH 15 DEGREES 41 MINUTES 21 SECONDS EAST, A_ONG THE EAST MARGIN OF SAID LOT 2, A DISTANCE OF 207.13 FEET TO A CAPPED IRON PIN 'MARKER ON THE NORTH MARGIN OF PARKER ROAD; THENCE RUN SOUTH 68 DEGREES 43 MINUTES 45 SECONDS WEST, ALONG SAID RIGHT-OF-WAY, 60.29 FEET TO A CAPPED IRON PIN MARKER; THENCE RUN NORTH 15 DEGREES 41 MINUTES 21 SECONDS !NEST, 240.46 FEET, THENCE RUN iNOR FHWES T WARDLY, ALONG A CURVE TO T E RIGHT, HAVING A RADIUS OF 75.0 FEET, AN ARC DISTANCE OF 13.19 FEET (CHORD BEARS NORTH 10 DEGREES 39 MINUTES 10 SECONDS WEST, 13.17 FEET), THENCE RUN NORTH 05 DEGREES 36 ;�'NUTES 59 SECONDS WEST, 136.30 FEET; THENCE RUN SC.,TH 74 DEGREES 51 MINUTES 03 SECONDS WEST, 139.99 FEET TO A POINT ON THE EAST MARGIN OF LOT 10 OF SIBLEY SQUARE SUBDIVISION, AS SHOWN BY MAP OR PLAT THEREOF RECORDED AT SLIDE 890-A, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA; THENCE RUN \OR H 15 DEGREES 08 MINUTES 57 SECONDS WEST, ALONG THE EAST MARGIN OF SAID SIBLEY SQUARE SUBDIVISION, 222.84 FEET TO A CRIMP TOP IRON PIPE MARKER; THENCE CONTINUE, NORTH 15 DEGREES 08 MINUTES 57 SECONDS WEST, ALONG SAID LINE, 255.6 FEET TO A CRIMP TOP IRON PIPE MARKER; THENCE RUN NORTH 15 DEGREES 08 MINUTES 57 SECONDS WEST, CONTINUING .ALONG SAID LINE, 204.66 FEET TO A CRIMP TOP IRON PIPE MARKER; THENCE RUN NORTH 15 DEGREES 13 MINUTES 52 SECONDS WEST, 239.57 FEET TO A CRIMP TOP IRON PIPE MARKER; THENCE RUN NORTH 15 DEGREES 38 MINUTES 50 SECONDS WEST, 138.52 FEET TO AN OLD IRON AXLE; THENCE RUN NORTH 19 DEGREES 13 MINUTES 00 SECONDS WEST, 185.31 FEET TO CONCRETE MONUMENT AT THE LONG ESTABLISHED NORTHWEST CORNER OF THE GASKIN TRACT; THENCE RUN EAST 908.19 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 20.09 ACRES, MORE OR LESS, AND LIES WITHIN FRACTIONAL SECTION 5 AND THE WILLIAM PATTERSON GRANT SECTION 8, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. WE FURTHER STATE THAT WE HAVE SURVEYED THE HEREIN DESCRIBED LANDS AND HAVE SUBDIVIDED SAID LANDS AT THE DIRECTION AND INSISTANCE OF THE OWNERS THEREOF. All interested parties are welcome to attend. Betty Rivenbark, Secretary Planning & Zoning Commission Legal - 2 times _ j i 1 zz 4- J t /2-9 Bill: City of Fairhope P.O. Box 429 Fairhope, AL. 36533 P.O. #101443 CITY OF FAIRHOPE CITY COUNCIL COVER SHEET 8 January 2001 ZC 00.19 Public Hearing to Consider the Request of Craig Dyas for Annexation Contingent on the Establishment of a Planned Unit Development (Generally Located on Parker Rd. West of US 98) Craig Dyas is requesting to annex this property into the City contingent on establishing a PUD. The property is approximately 20 acres and is located in the -Montrose Zoning District as County R2A zoning (lot size min. of 20,000 sq. The property abuts office development on the east and south, and existing residential development to the west. The issues associated with this request are as follows: 1) Comprehensive Plan: The proposal is in conformance with the adopted Comprehensive Plan. The comprehensive plan calls for residential. The development proposal is for residential. 2) Density Gradient: The property is more dense on the eastern side of the development and progressively gets less dense and more akin to the existing residential development. 3) Access: The more dense portion of the development will have primary vehicular access from the rear via Pearly Gaskin Drive. All lots will have alley access except lots 40-47. There are 2 main access points available to the development; Parker Road and Wild Oaks. Secondary access to the rear of lots 32-55 will also be provided. All streets are to be public. 4) Setbacks: Proposed setbacks for the development are: Front: 15' ; Rear: 20' from rear property line or from alley (whichever is more restrictive); Side 5' ; Side Street 15'. 5) Drainage: Drainage calculations and the needed certifications were provided with the plat that was approved previously by the Planning Commission. '6) Screening: The developer has verbally agreed to provide an evergreen bush planted on 4' centers in the 5' buffer provided on the west side of the proposed alley that serves lots 1-9 and 48, 49. This would help to mitigate any impacts created by alley use. 7) Uses: Only single family uses and typical accessory uses will be permitted in this PUD. 8) Building Height: The developer is proposing a 40' building height. 9) Lot Coverage: 65% maximum lot coverage for all buildings is proposed. 10) Sidewalks: The developer is aware that sidewalks are required during the construction of public improvements. At the Planning Commission meeting there was large a degree of opposition to the development proposal. Most concerns centered around traffic generation and a violation of the historic density of Montrose. The Planning Commission recommended denial 3-2 with 3 abstaining. STAFF RECOMMENDATION: Based on a planning perspective the proposed PUD does a good job of providing a gradient of density and providing multiple access points. A planning perspective dictates that the connection to Wild Oaks be made during the construction of the project. Sidewalks should be constructed on both sides of the street. A needs assessment should be made by the State at Parker Rd. and the 4 lane to determine the feasibility of a traffic light. The City should push for this light as it would help traffic flow at Section and the 4-Lane. Staff recommends approval subject to the above conditions. Respectfully Submitted for Consideration, r!�•�,`S ,Z . Christop r D. Baker Director of Planning and Building FAIRIIOPI? PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT �v _ "I cxt Change to Toning Ordlilancc D— ce )n dttvk+ _Request for change ofTonin0 District V \ a • (-gip cant) Description and Alap is atfactted The cor1 miss1on has held a public hearing on this matter prior to this final report and «�ishes to report to the I�airhope City Council as follows: (Do) (Do Not) recommend the proposed zoning test changes as wi expedient and necessary for the benefit of thsee City ��'e find that the Proposed zoning i p 1 d,str,ct change (is) (Is Not) in conformity with the comprehensive plan and in the best interests of the City as a whole, and 'f_\_(Do) (Do Not) Recommend tha t the C Implement' rty Council adopt an ordinance I l <. thero Proposed changes as provided by law. 1lernbel s Present _k -r _ i i i i i i Rev �/9�; Voting aye Voting Nay :Abstain x x Respectfully submitted: Ctfairinan At the Fairhope Planning & Zoning Commission meeting scheduled for Monday; February 5, ., at S:OOPM at the City Municipal Complex, 161 N. Section Street in the Council Chambers, a public hearing will be held on the following: A request of Dyas Development for zoning concurrent with annexation as a PUD - Planned Unit Development for the development of*a single family residential lots for the following described property: COMMENCE AT THE RECORD NORTHEAST CORNER OF FRACTIONAL SECTION 5, T01%,NSHIP 6 SOUTH, RANGE 2 EAST, ST. STEPaEN'S MERIDIAN, THENCE RUN `NEST ALONG THE NORTH MARGIN OF SAID SECTION 5, A DISTANCE OF '0 CHAINS, TO A. LONG =ST"BLISHED AND ACCEPTED CONCRETE MARKER WHICH !S SITUA.TFD , CORD G IS RE N! TA i CE C= 7 3 .5 FEET :aFST OF THE ':/; STD=N t/,ARGI:N OF U.S. HIGHWAY 98, ;FOR A POINT OF BFC!NNINIC-.-E?:CE RUN SOUTH 00 DEG, -:_ES 15 MINUTES 01 SECONDS WEST, 528.18 FEET TO A CAPPED IRON IN L+ARKER, THENCE RUN SOUTH 00 DEGREES 10 MINUTES 30 SECONDS \:'EST, .,32.60 FEET TO A CAPPED IRONPIN MARKER; THENCE RUN NORTH 87 DEGREES 30 `:Ili\J'•ES 14 SECONDS WEST, ALONG Tr!E "ESTABUSt-ED i'ORl'H BOUNDARY OF LANDS HERETOFORE CON'VEYED 10 OSCAR RICi;ARDSON'" 365 00 FEET i0 A CRIMP 'J- TOP IRON PIPE ',IARKER 'i;^.CE RUN SCi 00 DECREES 20 '.!INUTES 03 SEC DS \"EST 175.46 FEET TO A CAPPED iROiN' PIN MARKER ON THE NORTH' MARGIN OF COVtv',E RC!,,L CENTER PARKER ROAD S!JcCIVISiUN, ,^.S SHC+:!N Y OR - r p B AP =LA �HER_OF RECORDED AT !:;A.r F-OCK 10, PAGE 14 PROSATE RECOR;;S, BALD1'dI:N COUNTY, ALAB.AVA; THENCE RUN SOUTH 87 DECREES 30 MINUTES 32 SECONDS EAST, ALONG SAID LINE, 17.94 FEET TO A CRIMP TOP IRCN P,PE MARKER AT THE ;NORTHEAST CORN_ <.0F LOT 2 OF SAID SUSDIV!S•CN; THENCE RUIN SOUTH 15 DEGREES 41 MINUTES 21 SECONDS EAST, ALONG THE EAST MARGIN OF SAID LOT 2, A DISTANCE OF 207.13 FEET TO A CAPPED IRON PIN `:BARKER ON THE NORTH /,ARGIL. Cc' PARKER ROAD; ;ENCE RUN SOUTH 68 DEGREES 43 MINUTES 45 SECONDS WEST, ALONG SAID RICH T —OF—WAY, 60.29 FEET TO A CAPPED IRON PIN MARKER; THENCE RUN NORTH 15 DEGREES 41 iMINUTES 2.1 SECOi'DS WEST. 240.46 FEET; THENCE RUN tNORTH\':EST\Ni'•.RDLY, ALONG A CURVE TO THE RICH T, HAVING A RADIUS OF 75.0 FEET, AN ARC DISTANCE OF 13.19 FEET (CHORD BEARS NORTH 10 DEGREES 39 MINUTES 10 SECONDS WEST, 13.17 FEET); TI-ENCE RU,1 NORTH 05 DEGREES 36 MINUTES 59 SECONDS WEST, 136?0 FEET; THENCE RUN SOUTH 74 DEGREES 51 MINUTES 03 SECONDS 'TEST, 139.99 FEET TO A POINT ON THE EAST MARGIN OF LOT 10 OF SIBLEY SQUARE SUBDIVISION, AS SHOWN BY MAP OR PLAT THEREOF RECORDED AT SLIDE 890—A, PROBATE RECORDS, BALD`N!N COUNTY, ALABAMA; THENCE RUN NORTH 15 DEGREES 08 MINUTES 57 SECONDS WEST, ALONG THE EAST MARGIN OF SAID SIBLEY SQUARE SUBDIVISION, 222.84 FEET TO A CRIMP TOP IRON PIPE MARKER: THENCE CONTINUE, NORTH 15 DEGREES 08 MINUTES 57 SECONDS WEST, ALONG SAID LINE, 255.6 FEET TO A CRIMP TOP IRON PIPE MARKER; THENCE RUN NORTH 15 DEGREES 08 ',!NUTES 57 SECONDS WEST, CONTINUING ALONG SAID LINE, 204.66 FEET TO A CRII',IP TOP IRO\• PIPE MARKER; THENCE RUN NORTH 15 DEGREES 13 MINUTES 52 SECONDS WEST, 239.57 FEET TO A CRIMP TOP IRON PIPE MARKER; THENCE RUN NORTH 15 DEGREES 38 MINUTES 50 SECONDS WEST, 138.52 FEET TO AN OLD IRON AXLE; THENCE RUN NORTH 19 DEGREES 13 MINUTES 00 SECONDS WEST, 185.31 FEET TO CONCRETE MONUMENT AT THE LONG ESTABLISHED NORTHWEST CORNER OF THE GASKIN TRACT; THENCE RUN EAST 908.19 FEET TO THE POINT OF BEGINNING. TRACT CONTAIN'S 20.09 ACRES, MORE OR LESS, AND LIES WITHIN FRAC-ZONAL SECTION 5 AND THE WILLIAM PATTERSON GRANT SECTION 8, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. WE FURTHER STATE THAT WE HAVE SURVEYED THE HEREIN DESCRIBED LANDS AND HAVE SUBDIVIDED SAID LANDS AT THE DIRECTION AND INSISTAN'CE OF THE OWNERS THEREOF. All interested parties are welcome to attend. Betty Rivenbark, Secretary Planning & Zoning Commission CITY OF FAIRHOPE CITY COUNCIL COVER SHEET 9 April 2001 ZC 00.19 Public Hearing to Consider the Request of Craig D as for Annexation Contingent on the Establishment of a Planned Unit Development (Generally Located on Parker Rd. West of US 98 As you are aware, this case has been previously considered by the City Council. January 2001 the City Council considered this case. At that meetingthe Council On 8 remanded it back to the Planning Commission for further consideration. As you recall, there was much discussion regarding densitya ouncil meeting the development proposal contained 63 lots. At the 5 ' February the 8 January ay Commission meeting the development proposal contained 61 I ts. The Planning proposal now before the Council contains 56 lots. i development This request is to annex the property into the City contingent on estab The property is approximately 20 acres. lishing a PUD. The property is located in the County. The property east and south; and existing residential development to the west and sop h. on the The issues associated with this request are as follows: 1) Comprehensive Plan: The proposal is in conformance with the adopted Comprehensive Plan. 2) Development Plan: The developer has revised the plan to further reduce The developer is proposing 56 lots. This equates to 2.78 units per acre. Gr density. and common areas total 4.4 acres. Greenspace 2) Density Gradient: The property is more dense on the eastern side o development and progressively gets less dense and more akin to the e f the residential development. xistmg 3) Access: There are no alleys behind lots 1-8, 37-42, and 53-56. A Planning Commission the alley that abuts SibleyS t the previous removed. This took away much negative impact to sag add adjoining required idea to be lots. g idential 4) Setbacks: Proposed setbacks for the development are: Front: 15' ; Rear: 20' from rear property line or from alley (whichever is more restrictive), Side 5' ; Side Street 15'. 5) Drainage: Drainage calculations and the needed certifications were provided with the plat that was approved previously by the Planning Commission. Additionally, there was some concern regarding drainage to Parker Rd. There is a note on the site plan that addresses this issue. 7) Uses: Only single family uses and typical accessory uses will be permitted in this PUD. 8) Building Height: At the Planning Commission meeting the building height maximum was approved at 30' 9) Lot Coverage: 65% maximum lot coverage is proposed. 10) Sidewalks: The developer is aware that 5' sidewalks are required during the construction of public improvements. 11) Traffic Light: As per the Council's request at a previous meeting — the City has sent to ALDOT a request for a traffic light at Parker Rd. and US Hwy 98. As of 30 March 2001 no reply has been received. STAFF RECOMMENDATION: Based on a planning perspective the development proposal does a good job providing a density gradient. The development also is providing usable greenspace. The use of alleys and detached garages will reduce the dominance of the automobile and make the development more human scale. Sidewalks should be constructed on both sides of the street during the time the public improvements are installed. Additionally, every effort should be made during construction to not allow erosion into Fly Creek. These efforts should include, silt fences, construction entrances, check dams, hydro -mulching, sediment basins and any other effort deemed appropriate by the Planning and Building Dept. during construction. The Planning -Commission recommended approval. Staff recommends approval with the conditions above. Respectfully Submitted for Consideration, Christoph D. Baker Director of Planning and Building AFFIDAVIT. This is to certify that the attached legal notice/advertisement appeared in: 0 The Baldwin Times. Bay Minette, AL 0 The Bulletin, Oaphne, AL L: he Fairhope Courier, Fairhope. AL Gulf t Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin MY COMMISSION EXPIRES MAY 22, 2002 Swam to and subscribed before me this / z - day of �2ZAA� 0 The Independent, Robertsdale, AL 20 / ❑ The Onlooker, Foley, AL / r The Islander, Gulf Shores, AL 0 The EIberta-Lillian Ledger, Elberta, AL Notary Public, Baldwin County, Alabama Notice of Public Hearing and Zoning Commlamlon of the north 15 degrees 08 minutes 57' NoticeIs hereby given that the Clty of Falrhope, Alabama, has in Baldwin County, Alabama IFairhope City Council forwarded a recommendation to seconds west, along the east( margin of said Sibley Square a wjeekly newspaper published will hold a deny, the request Public Hearing on the following Subdivision, 2.84 feet to a trim p �/ Weekend Edition (includes The Fairhope Courier, The �ZordneaOrdnance No. 557 d Ordinance AmendingL. BootThe h property Is Zoning. P.A. mploye 67 profit Sharing continue, Iron north marker; degrees ce 08 Onlooker, The Islander, and The Bulletin) Apra 9, 20o 5 p.m.; Plan, and the Estate tFalrh plex Hatch, loof cated o the Northrold A. Side of minutes 57 seconds wt to est, along said line 255.6 iron orth Coul Chamber,icpal 1Co orth Section Street, Fairhope,AL 36532. parker Rd., west of U.S. Hwy. 98 (4. Lane)' pipe markereThen a run 15 degrees 08 minutes 57 seconds 1 Publication Oate Cost: words/inches x rate A8 persons who sire shall Legal Description: (case have west, continuing along said line, 204.66 feet to a crimp top Iron Q - ( C) - I �SX as opportunity to be heard In number ZC 00.19) (Trentino) favor of, or in opposition to, this pipet marker; thence run north 15 Commence at the record proposed ordinance and are northeast comer of tractional cordially Invited to be present. degrees 13 minutes 52 seconds west, 239.57 feet to a crimp topl Section 5, Township 6 South, Geniee W. Johnson, Range 2 East St. Stephens City Cleric Iron pipe marker; thence run north' 15 degrees 38 minutes 50 seeondat Meridian, Thane run west along Ordinance No. _ _ the North margin of said Section 5 AN ORDINANCE AMENDING west, 138.62 feet to an old Iron axle; thence run north 19 degrees -- a distance of 40 chains to a long ORDINANCE NO.557 KNOWN AS established and accepted concrete 13 minutes 00 seconds west,t 185.31 feet THE ZONING ORDINANCE TO marker which is situated a record ZONE PROPERTY AS A distance of 73.5 feet west of the to a concrete' monument at the long established) northwest corner of the Gaskin p TOTAL: S I SU . I PLANNED UNIT DEVELOPMENT western margin o} US Hwy. 98, for CONCURRENT WITH a Point of Beginning; Thence run Tract; Thence run east goe.19 feet to the POINT ANNEXATION. South 00 d rasa 15 minutes 01 BE IT ORDAINED BY THE CITY OF BEGINNING. Traci', contains 20.09 acres, more or less, ' econd0 west , 528.18 feet to a COUNCIL OF THE CITY OF capped iron pin marker; thence and Ilea within a fractional Section' 5 and the William Patterson Grant Legal Ad Repress ative FAIRHOPE, ALABAMA, as follows: run south 00 degrees 10 minutes The I ordiOrdinances5the 30 seconds west, 632.60 feet to a known(Noas Section 8, Township6 South, Range 2 East, Baldin County,' Lisa Sangster Zoning adopted 11 August 1975, together capped pin; thane run north degreesminutes 14 Alabama. BILL TO: ��M © Fa I r h mice _ seconds with the Zoning Map of the City of west the (established north . Fairhope, be and the some hereby boundary The anned Unit Deis v�j zoned! as a Pl30 opmen or lands heretofore Is changed and altered in respect conveyed to Oscar Richardson), concurrent with annexation nto the City of Fairhope. ttothat certain property described 365.00 feet to a crimped top iron A. The property shall developl After the appropriaU public pipe marker; Thence run south 00 ropria public �� 26 minutes 03 seconds In substantial conformance with, the Site Plan attached as Exhibit A. notice and hearin Pl gamest 175.46 feet to a capped Iron B. Any development of the pin marker on the North margin of property shall conform to the' ATTN: commercial center Parker Road subdivision, as shown by map or development regulations oil maximum building coverage 65X11 P.OJFIe Number - plat thereof record at Mapbook 10 page 14 Probate Record Baldwin maximum building height 405! Uses - Single family uses and FOR OFFICE USE ONLY ;County, Alabama; Thence run t sou 7 degrees 0 minutes 32 stun related accessory uses only. mum: front 15 feet, �Zfl Seconds cis East,crimped feet fromthe rear Paid ...................... Unpaid ✓ .1 90 to a m t Iron 'Pipe 1� m whichever is ........... marker at the northeast more restrictive. Side: 5 feet. Side' comer of lot 2 of said subdivision; street:16 feet. I Thence run south 15 degrees 41 Severability Clause - If any part, Account No. 0(y)l (a minutes 21 seconds Sett, along `the east margin of amid lot 2, a section of subdivision of the! ordinance shall be held, distance of 207.13 feet to a capped unconstitutional or invalid for any iron pin marker on the north reason, such holding shall not be margin of Parker Rd., therun re construed to invalidate or impair south 68 degrees 43 minutes 45 the remainder of this ordinance, seconds west, along said �ROW, 60.29 feet to a capped Iron which shall continue In full force and effect notwithstanding pin marker; Thence run north 16 such holding. degrees 41 minutes 21 seconds Effective Date - This ordinance iwest, 240.46 feet; thence run shall take effect immediately upon, northwesterly, along a curve to the Its due adoption and publication ,right, having a radius of 75.0 feet, as required by law. an arc distance of 13.19 few (chord End of Proposed Ordinance bears north 10 degrees 39 minutes _C-310 10 seconds west, 13.17 feet); Thence run north 05 degrees 36 minutes 59 seconds west, 136.30 -- few: Thence run south 74 degrees 51 minutes 03 secends west. '139.99 feet to a point on the east margin of lot 10 of Sibley Square . .' Subdivision, ea shown, by map or plat thereof recorded w slide 894 . Probate Records Baldwin .. _ _. .. !County. Alahmm. Th.—_ _ AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: 0 The Baldwin Times, Bay Minette, AL ❑ The Bulletin, Daphne, AL 0 The Fairhope Courier, Fairhope, AL ❑ The Independent, Robertsdale, AL ❑ The Onlooker, Foley, AL The Islander, Gulf Shores, AL The Elberta-Lillian Ledger, Elberta, AL a �yeekly newspaper published in Baldwin County, Alabama W Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate 3-t-? '719x.1 TOTAL: S f a -a • 0 Legal Ad Represe ative Lisa Sangster BILL TO: —L&tD -C i Ltl Y-11' 2e, ' ATTN: P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid.... ` ...... Account No. (P 0001 6 Gulf t Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama MY COMMISSION EXPIIES MAY 22, 2002 County of Baldwin Swom to and subscribed before me this day of 711 20 D / Notary`Public, Baldwin County, Alabama rSeeond Notice of Public Hearing I County, Alabama; Thence run INotice is hereby given the South 87 degrees 30 minutes 32 second time that the Falrhope City seconds East, along said line Council will hold a Public Hearing 17.94 feet to a crimped top iron (on a proposed Ordinance pipe marker at the northeast Amending Zoning Ordinance No. corner of lot 2 of said subdivision; r557; on: Monday, April 9, 2001, thence run south 15 degrees 411 �5:.3mO p.m.; Fairhope Municipal Cplex Council Chamber, 161 minutes 21 seconds east, along the east margin of said lot 2, al North Section Street, Fairhope, AL distance of 207.13 feet to a capped 36532. iron pin marker on the north All persons who desire shall margin of Parker Rd., thence run [have an opportunity to be heard In south 68 degrees 43 minutes 45 favor of, or in opposition to, this seconds west, along said ROW, proposed ordinance and are 160.29 feet to a capped iron pin' cordially invited to be present. marker; Thence run north 15 Synopsis of proposed degrees 41 minutes 21 seconds ordinance to be considered: west, 240.46 feet; thence run Ordinance printed in full in March northwesterly, along a curve to the? 10, 2001 issue of the Fairhope right, having a radius of 75.0 feet„ Courier: t an arc distance of 13.19 feet (chord' An ordinance to rezone Barry 1 bears north 10 degrees 39 minutesl Booth, D.M.D., P. A. Employee I 10 seconds west, 13.17 feet);1 Profit Sharing Plan and the Estate Thence run north 05 degrees 361 of Pearly Ghaskin, c/o Harold A. minutes 59 seconds west, 136.30, Hatch Property to a Planned Unit 1 feet; Thence run south 74 degrees Development concurrent with 51 minutes 03 seconds west.j I annexation. (Trentino) 139.99 feet to a point on the east The property is owned by Barry margin of lot 10 of Sibley Square, Booth, D.M.D., P.A. Employee Subdivision, as shown by map of Profit Sharing Plan, and the Estate plat thereof recorded at slide 8W of Pearly Ghaskin c/o Harold A. A, Probate Records Baldwin Hatch, located on the North side of 1 County, Alabama; Thence run' Parker Rd., west of U.S. Hwy. 98 (4- north 15 degrees 08 minutes 57 Lane). seconds west, along the east Legal Description: (case margin of said Sibley Square number ZC DO.19) t Subdivision, 2.84 feet to a crimp Commence at the record top iron pipe marker; thence northeast corner of fractional I continue, north 15 degrees 08 Section 5, Township 6 South, t minutes 57 seconds west, along Range 2 East St. Stephens said line 255.6 feet to a crimp top Meridian, Thence run west along iron pipe marker; Thence run north the North margin of said Section 5 15 degrees 08 minutes 57 seconds a distance of 40 chains to a long west, continuing along said line, established and accepted concrete 204.66 feet to a crimp top iron pipe marker which is situated a record marker; thence run north 15 distance of 73.5 feet west of the degrees 13 minutes 52 seconds western margin of US Hwy. 98, for west, 239.57 feet to a crimp top a Point of Beginning; Thence run I iron pipe marker; thence run north South 00 degrees 15 minutes 01 15 degrees 38 minutes 50 seconds seconds west, 528.18 feet to a west, 138.52 feet to an old iron capped iron pin marker; thence axle; thence run north 19 degrees run south 00 degrees 10 minutes 113 minutes 00 seconds west, 30 seconds west, 632.60 feet to a 185.31 feet to a concrete capped iron pin; thence run north monument at the long established' 87 degrees 30 minutes 14 seconds northwest corner of the Gaskin� west, along the (established north Tract; Thence run east 908.19 feet boundary of lands heretofore to the POINT OF BEGINNING. Tract{ conveyed to Oscar Richardson), contains 20.09 acres, more or less, 365.00 feet to a crimped top iron 1 and lies within a fractional Section pipe marker; Thence run south 00 5 and the William Patterson Grant, degrees 26 minutes 03 seconds Section 8, Township 6 South, west 175.46 feet to a capped iron Range 2 East, Baldwin County, ,pin marker on the North margin of center Parker Road Alabama. Icommercial subdivision, as shown by map or C•3.17 plat thereof record at Mapbook 10 page 14 Probate Record Baldwin PROPERTY IS LOCATED IN FRACTIONAL SECTION % IONNSMP 6 SOUTH, RANOE 2 EAST, DALDOW COUNTY, ALABAAEA. (T:-0 REC WEST 230) (P I I \ uc a ED N Ln O z l- U) o pn r^ ..... f .y N N U m r � O O p> o tP (0 /y U 0 Oz � � V 3/ P.O.B. T00111 LANDS) IE RECORD LOCATION OF N IIIE SOUTHMEST CORNER OF UL REGAR FRACTIONAL SECTION 5. FONNSNIP 6 SOUTH. / RANG[ 2 FAST �- / / C11 N / r^ r l� Q O 1 / O W ENDw®Lwo DevmAr► wr Smtvi= Lm R : 75.00 L� 13.19 CH.13.17 150') re :1 O U o OI Z- 0 O':. 0 a, rm m 'D 10 f Z rq, Z m Z Z ZO, (DEED REC 352) (OBS 352.44') OBS N87'3014 W 365.0 (DEED N87'30'14"W 368.; (RICHARDSON DEED REC 352' CASKMT 10 O. C, BIOIARDSON (DEED BOOR 06. PACE 174-175) S87'30'32"E 17.94') -RECORD NORTH WILLIAM PATTEF SECTION 8, TOWN RANGE 2 (CAL S87'32'21"E 365.71 (DEED REC 360) (CAL N87'33'29'W 533.1 (DEED REC WEST 510'i) EEO REC WEST 7,73 CNS R ROAD SUBDIHMViS�O\ PAGE 14 3 0 ` � � Y f N i N b 6,4i LEGAL DESCRIPTION OF BOOTH TRACT AS SHADED: r...,...,.., M — �.,,... _ -1 1". u... n...nl �....... .I 1., 1 r....... _—, r. n .— n_. aa-+o-:.:... ........_ 1. m-.. -, — CONDITIONAL PETITION FOR ANNEXATION We, the undersigned Petitioner/s, owner/6 of the ].ands 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. 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 Petitionisis that zoning be established as T �Qnn� d �� * Lll V%L e,eesL `61+/l concurrent with annexation. In Wictness Whereof, the Patitioner/a have caused these presents to be executed this I,day of 1-7- Print Petitioners Name Print Petitioners Name COPY OF TAX RECEIPT MUST BE ATTACHED. TAX PARCEL NO.QS'J b b 3 G S 18 • Mail AddrassL3216 LLI i DAP 990,&#Aa Residential Address—AtJ& Size of Propertyj&gkJbc. Occupied, give housing ut tee , C persons each unit Race Unocci:pied,give proposed use; ow number of lots, hopses, st, etc: (COPY OF LEGAL DESCRIPTION OF PROPERTY MUST BE SUBMITTED WITH PETITION. DESCRIPTION ON TAX RECEIPT USUALLY NOT SUFFICIENT.) STATE OF ALABAMA, COUNTY OF-D*iWTN I. a Notary Public in and for said State an County, hereby certify that the above Pititioner/s whose name/a are signed cc the foregoing petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledged that he/ehe/they have voluntarily executed this Petiti n on th day the same bears date. Given under my hand and seal this day of , Y� .t Notary Public seal My commission expires MYCOMM1SSM EMIES MAY 17, 2002 CITY OF FAIRHOPE P.O. DWR 429 umft FAIRHOPE, AL 36533 I"" 690700 Page-�3of' (DEED REC WEST 230') S S 7'3' 47"' 25 � n O r 70 z o 0 tr O N -A W 3 Lp - n r / -v v o P.O.B. (Ii00T11 LANDS) IIII ItFCOM) IOCATION Of P1 II )1 S(H)IIIWI.SI CUItNLI( III REGULAR FRACTIONAL SECTION 5, TOWNSHIP 6 SOUTH. RANGE 2 EAST / C1� N / CP I O W -I— ENOINEERINO DEvELOPnmm;r SERVICES, LLC. PAr 9 9) 4l 51 R=75.00 L=13.19 I CH=13.17 H BEARING= N 10'39' 10"W -CALS87- 0 1A.9.6: `DEED REC EAT 150') / O �P COMMERCI L CE MAP 1 PROPERTY IS LOCATED IN FRACTION " CTION 5, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDN1N COUNTY, 5-yy ;. C5 L.t f�1 .: I• W �... k) _:A Z' rrr.. rn- n o O � Pl n rno N rn R° TT1 W zMzz �+ ozzo m N � e c; 0 rno �p 0 0 •a in P SINE/ 'r'�I.Otj r/ •q3 A5 L 56� 9 EXHIBIT "C" (DEED REC 352') (OBS 352.44') OBS N87'3014 W 365.0E (DEED N87-30'14"W 368.7: (RICHARDSON DEED REC 352' GASKIN 10 0. G. RICHARDSON (DEED ROOK 478, PACE 174-175) ,, (CX S87'30'32"E 17.94') -RECORD NORTH l WILLIAM PATTER' SECTION 8, TOWNS' RANGE 2 (CAL S87'32'21 "E 365.78'1 (DEED REC 360') (CAL N87.3329"W 533.11') — (DEED REC WEST 510'1) EED REC WEST 7.73 CHAINS) \ R ROAD SUBDIVISION PAGE 14 3 y or �� 0; /G S N o LEGAL DESCRIPTION OF BOOTH TRACT AS SHADED: 7�pwFePR1D'I�tHL�M>11'tfl'seEM�@DAn ea.of.La. .� �r-� h' 1� R1'�1"p -nn_ ^s shown by map or -plat- Ihe?'E'CI-r1•rarded-W-K706 8Dbk 10, a LPagt7"9'd, Prabate-Rocords,-8ald•ryjg_CouNy,;,Al T.for••a«POfNT•.OF-8601NNING- Thence rWnr.Saulh.:�l a reds 4(Onniqules 21 sec0li8s-Rost.-along the East line of said Lot rz 7�,ee.n ""'ar'7?!13•rlr!eT lo-o-nappa2t�Mat1' piR diliti/!r l(ecS1168;tletjrbes A1• tninulei 21'- ""alT"rl4'C)!4B••fLR!1; Urence«aun-NorthwestdllfwWnq-a-rotllu8^'t1f-�75t00^f0et:"BOPrc.langth a1-13.19+fee1«(2hord bearing and distancegthrs 36,"minules'59* S00dhdu• Wesllw,36.30 Inal•n thane..•F.un f;ou It, 74 1.9,ecs 51 minutes ii gWc§I;M69'99^Ibel •to^drrp�ln'1°on^ihe Cosl rnorgin of Sibley.Squorgr+ro<rasubdivision oleParker Rood Commercial - Pork; as shown by mop or plot.. thereof recorded at Slidm•File•-890= A;' Piiit4t91'A'RCi:'Ords, Ooldwin C•rnn11 y, AlnbaO dultroo w39r•minaleshG6.egr eta 108nminu t CS'5/'P!Ma$onds Wesl?atollg•,I)1p„€asl rnorgin of said Siblc� Square, 222.84 fuel.,lu a crimp tap,•iron•pipe+mulh¢r4wlbenae••run•:6aalh.. 0 OM seconds@as11++230'"f851i"' Ihener; rfln• AN1h Of +hagrcas 33"7rflMfi:3'^9ideconds East, 326.32 fqe L_lu,.n.•crimp•I pp-iron,pipe-marker;. „Iheneo.C.u«_$oplh:D7 degrees••30 minutes-32- seconds Cost, 35.63'leet to the -Pain( of beginning. Tract contains 1.32 acres, more or Iris. -- DESCRIPTION OF HIATUS BETWEEN BOOTH AND RICHARDSON TRACTS: ('ammence of a crirnp lop Iron pipe of The Northeast Corner of Lot 2 of Commercial Center Porker Road Subdivision, as shown by map or plot Ihereof recorded in Map Book 10, of Page 14, Probate Records, Baldwin County, Alobafno: Thence run North 87 degrees 30 minutes 32 seconds West, 17.94 feel to Ilia Southwest Corner of lands heretofore conveyed to U.G. Flirtrardsou far a POINT OF BEGINNING: Thenrr. continue North 87 degrees 30 minutes 32 seconds West, 17.69 feel In a crimp lap iron pipe mocker at the Southeast Corner at lands heretofore conveyed to Booth; thence run North 01 degree 33 minutes 59 seconds West, 326.32 reel; thence run South 87 degrees 32 minutes 56 ,e:onds East, 23.13 feel to a crirnp lap irrw, pipe marker, Thence, run South 01 degree 50 minutes OI second East, 150.2 feel to a iron pipe morker of the Nnrlhwesl Canner nl the Rirhurdson lands; thence run South 00 degrees 26 minutes 03 seconds West, 175.46 feel to the Point of Beginning. Tract contains 0.16 acres, more or less. CRAPIIIC SCAL.0 nn n 30 fib TITLE SKETCH DATE: 07/13/00 SCALE: 1" = 60' TMNTINO DRAWN BY: RPA CHECK ( IN FEET) CHECKED BY: CMA I in,h - 60 It. IRAC.SEC. 5, T- 6-S, R-2-E ENGINEERING DEVELOPMEINT SERVICES, LL.C. P COUNTY, ALABAMA PROOJECTJECT / 000160 REVISED O7/20/OO TO AOD ADDITIONAL Engineering Planning Surveying Construction Management. INF017MA'fION ftFGARDINO IIIATl1S. 21210 U.S. Highway O0 Suite B-1 • Fulrhope, AM.— 005.12 REF./ - 1'.0.0ox 1151 • Peirl+ope, At bemw 30633 DWG./ SUR-1u0-TOPO.OWO (PS) (094) 090-3973 • Fax (:194) 990-3104 eneds®bellsouth.net SHEET NO, I 0r 1 0002 2E:12:EI Co find nt)I 6Mp•odoj 09j-ins\Jns\09I000\:d CITY OF FAIRHOPE P.O. DWR 429 FAIRHOPE, AL 36533 Instrowt 690700 Page 40f 4