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HomeMy WebLinkAboutO-1125ORDINANCE NO. 1125 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 Oliver Rockwell located at 9148 Fairhope Avenue. Legal Description: ( case number ZC 01.03) From the Northwest corner of the Southwest 1/4 of Section 15, Township 6 South, Range 2 East, Baldwin County, Alabama, run South 511.03 feet to a point; thence run South 89 degrees 57 minutes 45 seconds East, 33.1 feet to an iron pin lying on the East ROW line of Oberg Road for the POINT OF BEGINNING; Thence continue South 89 degrees 57 minutes 45 seconds East, 300.00 feet to an iron pin; Thence run North 00 degrees 12 minutes 6 seconds East, 471.11 feet to an iron pin lying on the South ROW line of Fairhope Ave.; Thence run South 89 degrees 59 minutes 16 seconds West along the said South ROW line, 286.66 feet to an iron pin; Thence run South 44 degrees 59 minutes 40 seconds West, 21.22 feet to an iron pin; thence run South along said East ROW line, 455.85 feet to the POINT OF BEGINNING. Said parcel contains 3.25 acres more or less. A map of the property to be rezoned is attached as "Exhibit A" The classification of said property is hereby changed from RA - Residential Agriculture to R1- Low Density 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 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 11`h DAY OF June , 2001. c � 4myM. Ka t, M yor Attest: � Geniece W. Johnson, FAIRHOPE PLANNING COMMISSION r FINAL REPORT OF ZONING AMENDMENT Text Change to Zoning Ordinance �N Request for change of Zonin; District By - (Applicant) Description and nNIap is attached The Commission has held a public hearing on this matter prior to this final report and Nvishes to report to the Fair -hope 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 i i -Y\ 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 I (Do) (Do Not) Recommend that the City Council adopt an ordinance implementing the proposed changes as provided by law. Members Present Voting Aye Voting Nay Abstain Rey-. 9/98 FAIRS J i ALA B A� Timothy M. Kant teniece W. Johnson, C.M.C. CltyCkr* Cxu dl Members r.- Pauline Anders Cecil Christenberry Michael A. Ford, C.M.O. Robert C. Gentle Debbie W. Quinn, C.M.O. 761 North Section Street `.f P.O. Drawer 429 ';Fatrfwpe, Alabama 36533 334-928-2136 ':334-928-6776 Fax As a resident/property owner within 300 ft. of the below listed property you are being notified of the meeting and are welcome to attend: At the Fairhope Planning & Zoning Commission meeting scheduled for Monday, May 7, 2001 a public hearing will be held on a re -zoning request from Oliver Rockwell for his property at 9148 Fairhope Avenue from R-A Residential Agricultural to R-1 Low Density Single Family Residential to cut off two lots on the south side, and further described as: NW1/4 of NW1/4 of SW1/4 of Sec 15 TS6S, Range 2E, Baldwin Cty. AI, Less roads N & S, less east 320 ft & less south 150 ft. Meeting will be held at the Fairhope Municipal Complex, 161 N. Section Street in the Council Chambers at 5:OOPM. All interested parties are welcome to attend. Betty Rivenbark, Secretary Planning & Zoning Commission Legal - 2 times April 11 & 18 Bill: City of Fairhope P.O. Box 429 Fairhope, AL 36532 Purchase Order #104223 Www.cofahhooe.com nrlrld,-pr Ro-ckwerr Property ci 0-- j 10 011 Exhibit A 11 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 ❑ The Onlooker, Foley, AL The Islander, Gulf Shores, AL The Elberta-Lillian Ledger, Elberta, AL a weekly newspaper published in Baldwin County, Alabama 2' Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate S--1 1 6'3A x . t "] TOTAL: $ -I o. Legal Ad Represe0tative n Lisa Sangster BILL TO: RiLi -%L,-,o L ATTN P.O./File Number 105 2 3 FOR OFFICE USE ONLY Paid ...................... Unpaid .... ✓ ........ . .............. Account No. 4�0din llo Gulf C, t Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 U3 State of Alabama County of Baldwin Sworn to and subscribed before me this a,;L day of t 20 d) I NotarykPublic, Baldwin County, Alabama r— --..__'._ — __.— — NOTICE OF PUBLIC HEARINC --'] Notice is hereby given that die Fairltope City Council will hold a Public Hearing on the I following proposed Ordinance Amending Zoning Ordinance No. 557; on: 5:30 p.m.; Fairhopc Municipal Complex Council Chamber; 161 North Section Strcet; Fairhope, AL 36532. CAI) persons who desire shall have an opportunity to be heard in favor of or in opposition to, lhisi Proposed Ordinance and are cordially invited to be present, Gcnicce W. Johnson, City Clerk IORDINANCE NO, AN ORDINANCE AMENDING ORDINANCE NO. 557 I • 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 same hereby Is changed and altered in respect to that certain properly described below: The appropriate public notice and hearing of, the Planning and Zoning Commission of the City of Falrhop. Alabama, has forwarded a favorable recommendallon. The property of Oliver Rockwell located at 9148 Fairhope Avenue. l Legal Description: ( case number ZC 01.03) i From the Northwest corner of the Southwest 114 of Section 15, Township 6 South, Range 2 East, Baldwin County, Alabama, run South 511.03 feet to a point: minutes an Iron pin lying on the East ROW eof Oberg Road oh r e PO POINT OF eel to i OF i BEGINNING: Thence continue South 89 degrees 57 minutes 45 seconds East, 300.00 feet to an Iron pin; Thence run North 00 degrees 12 minutes 6 seconds East, 471.11 feet to an Iron pin lying on the South ROW line of Fairhope Ave.; Thence run South 89 degrees 59 minutes 16 seconds West along the said South ROW line, 286.66 feet to an iron pin; Thence run Sounutes 40 seconds West, 21.22 feet to an Iron pin; thence a run South along h 44 degrees 59 isaid East ROW line, 455.85 feet to the POINT OF BEGINNING. Said parcel contains 3.25 acres more or less, A map of the property to be rezoned Is attached as "Exhibit A" I The classification of said property Is hereby changed from RA - Residential Agriculture to R7- Low Density Single Family Rssldonllel. 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 erocled on said PfOP@fty shall be in compliance building hl of Falrhope and that sl cture Shall beapproapproved by the Building Official of TheCityof Falrhop& and that anyny 6• such structure be erected only In compliance with such laws, including the requirements of Ordinance No. 557. Saverablllly Clause - If any part, section of subdivision of this ordinance shag 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 notwilhslanding such holding. Effective Oats - This ordinance shag lake effect Immediately upon Its due adoption and publication as required by law. End of Proposed Ordinance L_ 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 r The Islander, Gulf Shores, AL ❑ The Elberta-Lillian Ledger, Elberta, 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 C s -_-� (.0 30-7 x . 0 TOTAL: $ 5 q Legal Ad Represe0tative Lisa Sa gster BILL TO: ATTN P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid . Lam......... . Account No. t0 Gulf C Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama NOTARY PUBLIC STATE OF ALABAMA AT LARGE MY 2005 County of Baldwin BOND D�TIItRUISSION NO ARYPUBLICUNDERWEXPIRES: Feb 26�RITERS Sworn to and subscribed before me this STF day of 4LaA 20 1 VV a\ �q - Qn�2� Notary Public, Baldwin County, Alabama f Second Notice of Public Hea ng f Notice is hereby given 'the ( second time that the Fairhope City Council will hold a Public Hearing on a proposed Ordinance) IAmending Zoning Ordinance No. 557; on Monday, June 11, 2001, at 5:30 p.m.; Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Al 36532, I All persons who desire shall Ihave an opportunity to be heard in favor of, or in opposition to, this I Proposed Ordinance and are I cordially invited to be present. Synopsis of proposed ordinance to be considered:' Ordinance printed in full In May 19, 12001 issue of the Fairhope Courier: An ordinance to zone Q&erf R r 't" property RA R iden<tal Agriculture to R1• Low Density Single Family Residential I The property of Oliver Rockwell l located at 9148 Fairhope Avenue. I Legal Description: (case number ZC 01.03) From the Northwest comer of the Southwest 1/4 of Section 15, Township 6 South, Range 2 East, Baldwin County, Alabama; run South 511.03 feet to a point; I thence run south 89 degrees 57 minutes 45 seconds East 33.1 feet to an iron pin lying on the East ROW line of Oberg Road for the Point of Beginning. Thence continue South 89 degrees 57 minutes 45 seconds East, 300.00 Ifeet to an iron pin; Thence run North 00 degrees 12 minutes 6 seconds East, 471.11 feet to an Iron pin lying on the South ROW I !line of Fairhope Ave.; thence run South 89 degrees 59 minutes 16 seconds West along the said South ROW line 286.66 feet feet to 'an iron pin; thence run South 44 'degrees 59 minutes 40 seconds West, 21.22 feet to an iron pin; thence run South along said East 'ROW line, 455.85 feet to the Point �of Beginning. Said parcel contains 3.25 acres more or less. A map of the property to be rezoned is attached as "Exhibit A" C•6.26 I