HomeMy WebLinkAboutO-1126ORDINANCE NO. 1126
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 the Klummps located South of existing Idlewild Subdivision, East of
Thompson Hall Road, and North of Windmill Road.
Legal Description: ( case number ZC 01.04)
Commence at the Northwest Corner of the Southeast Quarter of Section 15, Township 6 South,
Range 2 East, Baldwin County, Alabama; thence run South 00 degrees 00 minutes 53 seconds West,
40 feet; thence run North 90 degrees 00 minute 00 seconds East, for 33 feet to the Southeast Corner
of the intersection of County Highway Number 48 and Thompson Hall Road; thence run South 00
degrees 01 minute 20 seconds East, along the East margin of said Thompson Hall Road, 1259.01 feet
to an iron pin marker at the Southwest Corner of Lot 51 of Idlewild Phase 5-A, per plat recorded at
2011-A, Probate Records, Baldwin County, Alabama; thence run North 89 degrees 56 minutes 50
seconds East, 174.98 feet to an iron pin marker located at the Southeast Corner of said Lot 51; thence
run South 00 degrees 00 minutes 19 seconds East, 6.32 feet to an iron pin marker located at the
Southwest Corner of common area (detention site) as shown on Idlewild Phase 5, per plat recorded
at 2010-F, Probate Records, Baldwin County, Alabama; thence run along a curve to the left, having a
radius of 1000 feet, a distance of 119.31 feet, (chord bearing and distance of South 80 degrees 08
minutes 13 seconds East, 119.24 feet to an iron pin marker) located a the Southeast Corner of said
common area; thence run North 00 degrees 02 minutes 01 seconds West, 164.21 feet to an iron pin
marker located at the Northeast Corner of said common area; thence run South 89 degrees 46
minutes 12 seconds East, 1047.44 feet to an iron pin marker located at the Southeast Corner of Lot
60 of said Idlewild Phase 5; thence run North 00 degrees 01 minute 00 seconds West, 350.05 feet to
an iron pin marker located at the Northeast Corner of Lot 59 of said Idlewild Phase 5; thence run
North 89 degrees 45 minutes 20 seconds West, 187.5 feet to an iron pin marker located at the
Southeast Corner of Lot 49 of Idlewild Phase 4, per plat recorded at Instrument 01921-A, Probate
Records, Baldwin County, Alabama; thence run North 00 degrees 01 minute 57 seconds West,
374.69 feet to an iron pin marker located at the Northeast Corner of Lot 48 of said Idlewild Phase 4;
thence run North 79 degrees 59 minutes 50 seconds East, 172.57 feet to an iron pin marker located at
the Southeast Corner of Lot 23 of Idlewild Phase 2, per plat recorded at 1638-A, Probate Records,
Baldwin County, Alabama; thence run North 86 degrees 54 minute 22 seconds East, 200.22 feet to
an iron pin marker located at the Southeast Corner of Lot 25 of said Idlewild Phase 2; thence run
North 89 degrees 58 minutes 49 seconds East, 100.02 feet to an iron pin marker located at the
Southeast Corner of Lot 26 of said Idlewild Phase 2; thence run North 00 degrees 01 minute 07
seconds West, 210.06 feet to an iron pin marker located at the Southeast Corner of Lot 27 of said
Idlewild Phase 2; thence run North 89 degrees 57 minutes 54 seconds East, 180.9 feet to the
Southeast Corner of common area heretofore conveyed in Instrument 476164, Probate Records,
Baldwin County, Alabama; thence run North 00 degrees 01 minute 31 seconds West, 149.97 feet to
the Northeast Corner of said common area located on the South margin of County Highway Number
48; thence run North 89 degrees 57 minutes 38 seconds East, along the South margin of said County
Highway Number 48, 383.49 feet to an iron pin marker; thence run South 00 degrees 01 minute 10
seconds East, 1613.83 feet; thence run North 89 degrees 57 minutes 17 seconds East, 362.20 feet to a
point on the West margin of County Highway Number 27; thence run South 00 degrees 01 minute 25
seconds East, along the West margin of said County Highway Number 27, 329.77 feet to an iron pin
marker; thence run South 89 degrees 51 minutes 02 seconds West, 616.46 feet to an iron pin marker;
thence run South 00 degrees 07 minutes 41 seconds West, 631.18 feet to an iron pin marker on the
North margin of Habek Windmill Road; thence run South 89 degrees 57 minutes 36 seconds West,
along the North margin of said Habek Windmill Road 1929.74 feet to the Northeast Corner of the
intersection of said Habek Windmill Road and Thompson Hall Road; thence run North 00 degrees 03
minute 40 seconds West, along the East margin of said Thompson Hall Road, 1317.26 feet to the
Point of Beginning. Tract contains 91.52 acres, more or less, and lies in the Southeast Quarter of
Section 15, Township 6 South, Range 2 East, Baldwin County, Alabama.
Ordinance No. 1126
Idlewild Subdivision
Page -2-
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 R2-Medium 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 111h DAY OF June , 2001.
4r
Timhy M. ant, ayor
Attest:
niece W. Johnson,
III
CO. RD.1113
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CO. HWY. 13
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CITY OF FAIRHOPE
CITY COUNCIL COVER SHEET
11 June 2001
ZC 01.04 Public Hearing to Consider The Request of Jeff Kennedy for a
Zoning Change from RA -Residential Agriculture to 112-Single
Family (Generally Located West of Co. Rd. 27 and South of
Fairhope Ave.)
Mr. Kennedy is requesting the rezoning of 92 acres from RA -Residential Agriculture to
R2-Single Family. This property is adjacent to the existing Idlewild development and
continues to Co. Rd. 27 and Windmill Rd.
The developer has been advised that the layout of the development will be determined
during the platting process.
STAFF RECOMMENDATION:
To approve as requested.
Respectfully Submitted for Consideration,
G�
Christopher V Baker
Director of Planning and Building
5/7
FAIRHOPE PLANNING COMMISSION
FINAL REPORT OF ZONING AMENDMENT
Text Change to Zoning Ordinance
y�
Request for change of Zoning District
f 13y:--A9
(Applicant)
Description and INJap is attached
The Commission has field 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
J—We find that the proposed zoning district chr_noe (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 Cite Council adopt an ordinance
implementing the proposed changes as provided by law.
Members Present
Rev. 9/9s
Voting Aye VoiinS Nay Abstain
Respectfully submitted:
Vrman
rGE2
VF.
DESCRIPTION SUBJECT PROPERT 2001
LOCATED IN SECTION 15, TOWNSHIP 6 SOUTH,
BALDWIN COUNTY, ALABAMA Z C �, 0
91.52 ACRES, MORE OR LESS
Commence at the Northwest Corner of the Southeast Quarter of Section 15,
Township 6 South, Range 2 East, Baldwin County, Alabama; thence run South 00
degrees 00 minutes 53 seconds West, 40 feet; thence run North 90 degrees 00 minute 00
seconds East, for 33 feet to the Southeast Corner of the intersection of County Highway
Number 48 and Thompson Hall Road; thence run South 00 degrees 01 minute 20 seconds
East, along the East margin of said Thompson Hall Road, 1259.01 feet to an iron pin
marker at the Southwest Corner of Lot 51 of Idlewild Phase 5-A, per plat recorded at
2011-A, Probate Records, Baldwin County, Alabama; thence run North 89 degrees 56
minutes 50 seconds East, 174.98 feet to an iron pin marker located at the Southeast
Corner of said Lot 51; thence run South 00 degrees 00 minutes 19 seconds East, 6.32 feet
to an iron pin marker located at the Southwest Corner of common area (detention site) as
shown on Idlewild Phase 5, per plat recorded at 2010-F, Probate Records, Baldwin
County, Alabama; thence run along a curve to the left, having a radius of 1000 feet, a
distance of 119.31 feet, (chord bearing and distance of South 80 degrees 08 minutes 13
seconds East, 119.24 feet to an iron pin marker) located a the Southeast Corner of said
common area; thence run North 00 degrees 02 minutes 01 seconds West, 164.21 feet to
an iron pin marker located at the Northeast Corner of said common area; thence run
South 89 degrees 46 minutes 12 seconds East, 1047.44 feet to an iron pin marker located
at the Southeast Corner of Lot 60 of said Idlewild Phase 5; thence run North 00 degrees
01 minute 00 seconds West, 350.05 feet to an iron pin marker located at the Northeast
Corner of Lot 59 of said Idlewild Phase 5; thence run North 89 degrees 45 minutes 20
seconds West, 187.5 feet to an iron pin marker located at the Southeast Corner of Lot 49
of Idlewild Phase 4, per plat recorded at Instrument 01921-A, Probate Records, Baldwin
County, Alabama; thence run North 00 degrees 01 minute 57 seconds West, 374.69 feet
to an iron pin marker located at the Northeast Corner of Lot 48 of said Idlewild Phase 4:
thence run North 79 degrees 59 minutes 50 seconds East, 172.57 feet to an iron pin
marker located at the Southeast Corner of Lot 23 of Idlewild Phase 2, per plat recorded at
1638-A, Probate Records, Baldwin County, Alabama; thence run North 86 degrees 54
minute 22 seconds East, 200.22 feet to an iron pin marker located at the Southeast Corner
of Lot 25 of said Idlewild Phase 2; thence run North 89 degrees 58 minutes 49 seconds
East, 100.02 feet to an iron pin marker located at the Southeast Corner of Lot 26 of said
Idlewild Phase 2; thence run North 00 degrees 01 minute 07 seconds West, 210.06 feet to
an iron pin marker located at the Southeast Corner of Lot 27 of said Idlewild Phase 2;
thence run North 89 degrees 57 minutes 54 seconds East, 180.9 feet to the Southeast
Corner of common area heretofore conveyed in Instrument 476164, Probate Records,
Baldwin County, Alabama; thence run North 00 degrees 01 minute 31 seconds West,
149.97 feet to the Northeast Corner of said common area located on the South margin of
County Highway Number 48; thence run North 89 degrees 57 minutes 38 seconds East,
along the South margin of said County Highway Number 48, 383.49 feet to an iron pin
marker; thence run South 00 degrees 01 minute 10 seconds East, 1613.83 feet: thence run
North 89 degrees 57 minutes 17 seconds East, 362.20 feet to a point on the West margin
of County Highway Number 27; thence run South 00 degrees 01 minute 25 seconds East,
along the West margin of said County Highway Number 27, 329.77 feet to an iron pin
marker; thence run South 89 degrees 51 minutes 02 seconds West, 616.46 feet to an iron
pin marker; thence run South 00 degrees 07 minutes 41 seconds West, 631.18 feet to an
iron pin marker on the North margin of Habek Windmill Road; thence run South 89
degrees 57 minutes 36 seconds West, along the North margin of said Habek Windmill
Road 1929.74 feet to the Northeast Corner of the intersection of said Habek Windmill
Road and Thompson Hall Road; thence run North 00 degrees 03 minute 40 seconds
West, along the East margin of said Thompson Hall Road, 1317.26 feet to the Point of
Beginning. Tract contains 91.52 acres, more or less, and lies in the Southeast Quarter of
Section 15, Township 6 South, Range 2 East, Baldwin County, Alabama.
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 Elberta-Lillian Ledger, Elberta, AL
Gulf Co Jewspapers
P.O. Box 509
Robertsdale, AL 36567
Phone (334) 947-7712
State of Alabama
County of Baldwin
Sworn to and subscribed before me
this oZQ)'
!tay ofI /...
Notary(FIblic, Baldwin County, Alabama
a weekly newspaper published in Baldwin County, Alabama — - - -- I
NOTICE OF PUBLIC HE,
Weekend Edition Includes The Fairhope Courier, The t
p pNotice is hereby given that the Faifiope City Council will hold a Public blearing on the
Onlooker, The Islander, and The Bulletin) following proposed Ordinance Amending Zoning Ordinance No. 557;on;
Publication Date Cost: words/inches x rate
C--i!I I10lVX-11
TOTAL: $ i. 0 2-
Legal Ad Represe ative
Lisa Sangster
BILL TO: 0 4� Fat rhrf e.
ATTN:
P.O./File Number / OS 2. 3g
FOR OFFICE USE ONLY
Paid ...................... Unpaid ......✓...........
..............
Account No. ( O O O
15:30 p.m.; Fairhope Municipal Complex Council Chamber; 161 North Section Street; Fairhopc, t
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,
IGeniece W.Johnson,
City Clerk
I 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 Fairhopo, be and the same hereby is changed I
and allered in respect to that certain property described below: I
The appropriate public notice and hearing of, the Planning and Zoning Commission of the
City of Fairhope. Alabama, has forwarded a favorable recommendation. I
The properly of Jell Kennedy located South of existing Idlewiid Subdivision, East of
Thompson Hall R , an North of Wlrrdmill Road.
Legal Description: ( case number ZC 01.04)
Commence at the Northwest Corner of the Southeast Quarter of Section 15. Township 6 South,
Range 2 East, Baldwin County, Alabama; thence run South 00 degrees 00 minutes 53 seconds Wnt,
40 feet; thence run North 90 degrees 00 minute 00 seconds Exit, for 33 feet to the Southeast Corner
of the intersection of County Highway Number 48 and Thompson Hall Road; thence run South 00
degrees 01 minute 20 seconds East, along the Eris margin of said Thompson }fall Road, 1259.01
feet to an iron pin marker at the Southwest Comer of Lot 51 of ldkw;ld Phase 5-A, per plat
recorded at 201 I -A, Probate Records, Ballwin County, Alabama; thence run North 89 degrees 56
minutes 50 seconds East, 174.98 feel to an Iron pin marker located at the Southeast Corner or sold
Lot 51; thence run South 00 degrees 00 minutes 19 seconds Fast, 6.32 reef to an iron pin marker
located at the Southwest Comer of common area (detention site) as shown on Idlewild Phase 5, per
plat recorded at 2010-F, Probate Records, Baldwin County, Alabama; thence run along a curve to
the left, having a radius of 1000 feet, a distance of 119.31 feet, (chord bearing and distance of South
80 degrees 08 minutes 13 seconds East, 119.24 feet to an iron pin marker) located a the Southeast
Corner of said common area; thence run North 00 degrees 02 minutes 01 seconds West, 164.21 feet
to an iron pin marker located at the Northeast Comer of sold common area; thence run South 89
degrees 46 minutes 12 seconds East, 1047.44 feet to an iron pin marker located at the Southeast
Comer or Lot 6o of sold Idlewild Phase 5; thence run North 00liegmes 01 minute 00 seconds Weil,
350.05 feet to an iron On marker located at the Northeast Comer of Lot 59 of said Idlewild Phase 5;
thence run North 89 degrees 45 minutes 20 seconds West, 107.5 feet to an iron pin marker located at
the Southeast Comer of Lot 49 of Idlewild Phase 4, per plat recorded at Instrument n 1921-A,
Probate Records, Baldwin County, Alabama; thence run North 00 degrees 01 minute 57 seconds
West, 374.69 feet to air Iron pin marker located at the Northeast Comer of Lot 48 of said Idlewild
Phase 4; thence nun North 79 degrees 59 minutes 50 seconds Fast, 172.57 feet to an iron pin marker
located at the Southeast Comer of Lot 23 of idlewild Phase 2, per plat recorded al 1638•A. Probate
Records, Baldwin County, Alabama; thence ten North 86 degrees 54 minute 22 seconds Last,
200.22 feet to an iron pin marker located at the Southeast Comer orLot 25 of said Idlewild Phase 2;
thence run North 89 degrees 58 minutes 49 seconds East, 100.02 feet to an Iron pin marker located
at the Southeait Comer or Lot 26 of said Idlewild Phase 2; thence run North 00 degrees 01 minute
07 seconds Weil, 210.06 feel to an Iron On marker located at the Southeast Comer of Lol 27 of snid
Idlewild Phase 2; thence run North 89 degrees 57 minutes 54 seconds Emil, 180.9 feel to de
Southeast Comer or common area heretofore conveyed in Instrument 476164. Probate Records,
Baldwin County, Alabama; thence run North 00 degrees 01 minute 31 seconds Weil, 149.97 feet to
the Northeast Corner of amid common area located on the South margin of County Highway Number
48; thence run North 89 degrees 57 minutes 38 seconds East, along the South margin of %aid County
i lighway Number 48, 383.49 feet to an iron pin marker, thence ten South 00 degrees 01 minute 10
seconds Lail, 1613.53 feet; thence run North 89 degrees 57 minutes 17 seconds East, 362.20 feet to
n point on the West margin of County Highway Number 37; thence run South 00 degrees 01 minute
25 seconds East, along die West mnrgfn of snld County Highway Number 27, 329.77 feet loan Iron
pin marker, thence run South 89 degrees 51 minutes 02 seconds West, 616.46 feet to an iron pin
marker; thence run South 00 degrees 07 minutes 41 seconds West, 631.18 feet to an iron pin marker
on the North margin of Habek Windmill Road; thence run South 89 degrees 57 minutes 36 seconds
West, along the North margin of said Habek Windmill Road 1929.74 feet to the Northeast Comer of
the intersection of said Habek Windmill Road and Thompson Hall Road; thence nun North 00
degrees 03 minute 40 seeondx West, along dam Emil margin of said Thompson Hall Road, 1317.26
feet to the Point of Beginning. Tract contains 91.52 acres, more or less, and Has In the Southeast
Quarter of'Section 15. Township 6 South, Range 2 East, Baldwin County, Alabama.
A map of the property to be rezoned Is attached as "Exhibit A"
The classification of sold property Is hereby changed from RA-Roaldonllal
I Agriculture to R2.Medlum Density Single Family Residential. This properly shall
hereafter be lawful to construct on such properly 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 Falrhope and that any
such structure be erected only In compliance with such taws, Including the requirements of
Ordinance No. 557.
Soverablllty Clause • If any part, section of subdivlslon of this ordinance shall be held
I 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.
I End of Proposed Ordinance C-5.1 B
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 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 —ace 1144OX• 1-7
TOTAL: $ IR 3-
Legal Ad Represe ative
01 Lisa S ngster
BILL TO:
ATTN:
P.O./File Number
FOR OFFICE USE ONLY
Paid ...................... Unpaid.. ........
Account No. �00x/Io
Gulf Co Jewspapers
P.O. Box 509
Robertsdale, AL 36567
Phone (334) 947-7712
State of Alabama NOTARY PUBLIC STATE. OF ALABAMA AT LARGE
Count of Baldwin MY COMNIISSION EXPIRES: Feb 26, 2005
Y BONDED TIIRU NOTARY PUBLIC UNDERWRITERS
Sworn to and subscribed before me
this
day of M��d
20 O \
Notary Public, Baldwin County, Alabama
Second Notice of Public Hearing
Notice is hereby given the
second time that the Falrhope City
Council win hold a Public Hearing
on a proposed Ordinance
Amending 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.
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
Synopsis of proposed
ordinance to be considered:
Ordinance printed in full in May 19,
2001 issue of the Fairhope Courier:
An ordinance to zone Jr
Kennedy's property RA
ResTdentlai Agriculture to R2 -
Medium Density Single Family
Residential
The property of Jeff Kennedy
located South of existing Idlewild.
Subdivision, East of Thompson
Hall Road, and North of Windmill
Road.
Legal Description: (case
number ZC 01.04)
A map of the property to be
rezoned is attached as "Exhibit A"
C•5.26