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HomeMy WebLinkAboutO-1136ORDINANCE NO. 1136 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 Dyas Family located at the intersection of North Section Street and U.S. Hwy 98, the property is known as Village North. 1. Legal Description: (Case Number ZC 01.13) TRACT 1 BEGINNING AT A POINT on the East right of way line of County Road #98, which is more particularly identified as Station No. 89+65 of the right of way map of Project No. S-635(3) as recorded in the Office of the Judge of Probate, Baldwin County, Alabama; thence North 47 degrees 29 minutes 52 seconds East along said right of way line a distance of 935 feet, more or less, to a point; thence turn and angle of 90 degrees to the right a distance of 10 feet; thence North 47 degrees 29 minutes 52 seconds East, a distance of 429 feet, more or less, to a point of curve; thence along a curve to the left having a radius of 1, 145.02 feet, a distance of 569 feet, more or less, to a point; thence turn an angle to the East a distance of 60 feet, more or less, to a point on the West right of way line of U.S. Highway # 98; thence South 20 degrees 8 minutes 38 seconds East, along said West right of way line, a distance of 1, 621 feet, more or less, to a point; thence South 34 degrees 45 minutes West distance of 57.49 feet; to a point on the North right of way line of Alabama Highway #104; thence South 89 degrees 40 minutes West along said right of way line of Alabama Highway #104, a distance of 1,665 feet, more or less to a point; thence turn angle to the right a of approximately 34 degrees, a distance of 190 feet more or less, thence turn an angle to the right of approximately 54 degrees, a distance of 50 feet, more or less, to the POINT OF BEGINNING. TRACT 2 Beginning at a concrete block being the Southeast corner of the Forbes Grant, Section 7, Township 6 South, Range 2 East, Baldwin County, Alabama; thence run S-76 degrees 03' 22' — W along the South boundary of said Forbes Grant, a distance of 875.08 feet; thence run S-39 degrees 56' 38-E, a distance of 185 feet, more or less, to the center of Fly Creek, the Point of Beginning, thence run Easterly along the centerline of Fly Creek, a distance of 1850 feet, more of less, to the West right of way line of U.S. Highway #98; thence run S-19 degrees 37' 38" —E along the said West right of way line of U.S. Highway # 98, a distance of 420 feet, more or less; Thence run S-04 degrees 40' —E along said West right of way line of U.S. Highway # 98 a distance of 194.4 feet, more or less; thence continue along the West right of way line of U.S. Highway # 98 along a curve to the right, concave Northwesterly, having a radius of 1025.92 feet, a distance of 384.97 feet, more or less to a concrete right of way monument; thence run S-66 degrees 03' 09" —E, a distance of 30 feet, more or less; thence continue along the West right of way line of U.S. Highway #98 (alternate route) along a curve to the right concave Northwesterly, having a radius of 1055.92 feet, a distance of 434 feet, more of less; thence continue along said West right of way line of U.S. Highway # 98 (alternate route) S-47 degrees 29' 52" —W, a distance of 729 feet, more or less; Ordinance Number 1136 Village North — Dyas Family Page —2- Thence run S-42 degrees 30' 08" —E, a distance of 30 feet, more or less, thence continue along said West right of way line of U.S. Highway #98 (alternate route) S-47 degrees 29' 52" —W a distance of 660 feet, more or less; thence run N-81 degrees 10' —W, a distance of 51 feet, more or less, to the East right of way line of Baldwin County Scenic #98 (old U.S. Highway #98); thence run N-29 degrees 18' —W along said East right of way line of Baldwin County Scenic #98, a distance of 190.26 feet, more or less; thence run S-75 degrees 44- W, a distance of 10 feet, more or less; thence continue along the East right of way line of Baldwin County Scenic Highway #98, N-14 degrees 16' —W, a distance of 924.5 feet, more or less; thence continue along the East right of way line in Baldwin County Scenic #98 along a curve to the left, concave Southwesterly, having a radius of 1989.4 feet, a distance of 735.7 feet, more or less, to the intersection of the South property line of land owned by Arthur and Ellen Dyas; thence run S-87 degrees 49' —E, a distance of 225 feet, more or less; thence run N-17 degrees 11' -E, a distance of 170 feet, more or less, thence run N-64 degrees 49' —W, a distance of 275 feet, more or less, to the center of Fly Creek; thence run Northeasterly along the center of Fly Creek, a distance of 275 feet, more or less, to the Point of Beginning. Said parcel of land lies in Section 8, Township 6 South, Range 2 East, Baldwin County, Alabama, and includes a drainage easement located on the West right of way line of U.S. Highway #98, being more particularly described as: Beginning at a point 145 feet West of U.S. Highway #98, Station 133+00; thence run N-49 degrees 37' 38"-W, a distance of 172.53 feet, more of less; thence run N-40 degrees 22' 22"-E, a distance of 65 feet, more or less, to the center of Fly Creek; thence run Southeasterly along the center of Fly Creek to a point on the West right of way line of U.S. Highway #98; thence run S-19 degrees 37' 38"-E along the West right of way of U.S. Highway #98; a distance of 75 feet, more of less, to the Point of Beginning. 2. Development Regulations: Attached, as "Exhibit A" is a book that contains a site plan and development regulation that has been considered by the Planning Commission. The Planning Commission has recommended to the City Council approval of "Exhibit A" with conditions. The conditions of approval by the Planning Commission are attached as " Exhibit B". The applicant's agreement to some of the Conditions is attached as "Exhibit C." Conditions of approval by the Planning Commission that are not agreed to, in whole or part, by the applicant are listed below: ❑ 100,000 sq. ft. of Commercial (Office and Retail) North of Section — No more than 60% of either use. ❑ Right in/out at egress across from Plantation Pines ❑ Maximum size of any single retail space of 10,000 sq. ft. ❑ Reminder of the property to be developed using the same residential ratios ❑ 30' Residential Building Height measured according to height definition in Zoning Ordinance ❑ 35' Commercial Building Height measured according to height definition in Zoning Ordinance ❑ Detailed site plan to Planning Commission and City Council with each phase ❑ Shared parking evaluated in site planning phase, along with setbacks, dumpsters, and screening ❑ 8 foot trails along perimeter roads (i.e. Section, 104, Scenic 98, etc...) ❑ No breaching of buffers along, US 98, Section, 104, Scenic 98) ❑ Overall traffic study to be performed by an agent of the City but paid for by the developer; cannot change the essential characteristics of Scenic 98, Section, 104 Ordinance Number 1136 Village North — Dyas Family Page —3- Allowed uses in Village Center - Planned Unit Development are: Professional Services & Offices ❑ Commercial Artists ❑ Veterinary Clinic (no overnight boarding) ❑ Professional Offices (doctor, dentist, travel agencies, real estate agencies) Retail and Personal Services ❑ Appliances & Appliance Repair ❑ Banks (no drive thrus) ❑ Barber/Beauty Shops ❑ Bakery (retail) ❑ Bicycle Shop ❑ Clothing Store ❑ Coffee Shop ❑ Confectionary Store ❑ Dance School ❑ Day Care ❑ Drug Store ❑ Dry Cleaning/Laundry (no odor, no coin operated) ❑ Dry Goods/Notions ❑ Furniture/Home Store ❑ Gas Station (no repair) ❑ Gift Shop ❑ Grocery (not to exceed 10,000 square feet) ❑ Hobby Store ❑ Jewelry Store ❑ Meat Market/Delicatessen ❑ Media Store ❑ Music Shop ❑ Package/Liquor Store ❑ Pet Grooming ❑ Pet Store ❑ Printing Shop ❑ Restaurant (only incidental alcohol sales) ❑ Shoes Sales & Repairs o Sporting Goods ❑ Stationery Store ❑ Tailor ❑ Toy Store ❑ Video Store Should the proposed PUD be approved by the City Council with conditions, the conditions would take total and unequivocal precedence over any conflicting statement, requirement, or any other type of regulations contained in "Exhibit A". Ordinance Number 1136 Village North — Dyas Family Page —4- 3. Ordinance Amendments by the City Council at the Public Hearing on 19 November 2001 — all other conditions of Planning Commission approval stand. ❑ Building 15 on the site plan may be a maximum of 36,000 sq. ft. with one tenant having no more than 18,000 sq. ft., and the remaining square footage may be divided for additional tenants. The square footage for the additional tenants shall not exceed 10,000 sq. ft. for each tenant. ❑ At least one tenant in Building 15 shall be a grocery store ❑ Building 6 may have a maximum of 15,000 sq. ft. ❑ Building height 35 feet on parcels A and B measured from the average between the eave and the ridge from grade level of the building ❑ Building height of 25 feet for building 5 and 16 measured from the finished floor to the average between the eave and ridge of the roof. ❑ Building height of 35' for all other buildings measured from the finished floor to the average between the eave and the ridge of the roof. o Buffers as approved by Planning Commission for the entire 108 t or — acres may not be breached unless there is a landscape plan approved by the City Horticulturalist. ❑ Professional Office uses are the same as listed in the B4 zoning district. ❑ Uses approved by the Planning Commission stand except as amended below: ❑ Veterinary clinic with inside boarding only. ❑ Gas Station (no bays) not in building 5 or 16 ❑ Tavern with prepared food service ❑ Banks with drive thru limit of 2. Drive thru only permitted with bank. Drive thru must be located at most remote location from ROW. If bank in building 5 or 16 then drive thru located away from the central park. ❑ A pedestrian walk way shall be installed between Section I and Section G, or in the most convenient place. ❑ The detached residential homes shall have a 4 ft. set back from the sidewalk and the front of the porches. ,C Y V L �W u a- u LU o `L Zo 01O Ordinance Number 1136 Village North — Dyas Family Page —5- 4. Change of Zoning Classification The classification of said property is hereby changed from R1-Low Density Single Family and R4 Low Density Multi -Family Residential to a Planned Unit Development (PUD) and shall develop in substantial conformity with the site plan and development regulations contained in "Exhibit A" subject to the conditions agreed to by the applicant in "Exhibit C", and other conditions, if any, as may be approved by the City Council, such as the conditions required in "Exhibit B" and not agreed to by the applicant. Severability Clause - That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. Effective Date - This ordinance shall take effect immediately upon its due adoption and publication as required by law. Approved this 26th Day of November , 2001 Attest: Geniece W. Johnson./V -Merk t W. - Lsz_ Ti thy M. ant, Mayor E-fll fte2rr F2 8 October 2001 Mr. Craig Dyas 7. thy M. Kant Stonebrooke Office Complex a` Fairhope, AL 36532 Genlece.W.Johnson, C.M.C. ty "a-Tredsu« Via Fax and Hand Delivery RE: Proposed Village North; ZC 01.13 Pauline Anders Cecil Christenbeny Michael A. Ford, C.M.O. �lRobert Mr. Dyas. C. Gentle / Debble'W. Quinn. A.C.M.C. As you are aware case ZC 01.13 was considered by the Planning -; Commission at a special meeting on 2 October 2001. The Commission considered the proposal for Village North. As you are also aware, the Commission approved the development proposal with conditions. These conditions are as follows: + Meet City of Fairhope (COF) Lighting Requirements + Meet COF Landscaping Requirements + Meet COF Sign Requirements + 100,000 sq. ft. of Commercial (Office and Retail) North of Section — No more than 60% of either use + Right in/out at egress across from Plantation Pines .. ;° + Four Sided Architecture on all buildings so they are pedestrian friendly ?} + Garages must face alley ` -f- 8' trails along perimeter roads (i.e. Section, 104, Scenic 98 etc...) + Maximum size of any single retail space of 10,000 sq. ft. j + No breaching of buffers along US 98, Section, 104, Scenic 98) 40' Buffer on 104 50' Buffer on Greeno 40' Buffer Scenic 98 wt: , 4 100' Buffer on Fly Creek + Remainder of the property to be developed using the same residential ratios ' 3�INotthSection Street , + 30' Residential Building Height measured according to height definition 0. Drawer 429 in Zoning Ord. �a�rhope Alabama 36533 3' �51=928-2136 �. . '- �41-928-6776 Fax www.cofairhope.com y, -rmred on n`clrkdhapr + 35' Commercial building height measured according to height definition in Zoning Ord. * 25' Building height on North side of Section (Bldg 15 and 16) * Overall traffic study to be performed by agent of the City but paid for by developer — cannot change essential characteristics of Scenic 98, Section, 104 — Required improvements paid for by developer (i.e. turn lane, pedestrian refuge, etc..) • Meet Subdivision Regulations • Detailed site plan to Planning Commission and City Council with each phase + Shared parking evaluated in site planning phase, along with setbacks, dumpsters, and screening • Allowed uses are attached • Agree in concept with these conditions but not to specific site planning issues that will be resolved with each site plan (i.e. dumpster location etc... ) The Commission approved the project with these conditions. I will write a PUD Ordinance based on these conditions. As you are aware, the site plan is an exhibit to the Ordinance. Thus, I need a revised copy of the site plan with the conditions the Planning Commission approved. Once I have this I can finalize the PUD Ordinance. Once the PUD Ordinance is finalized we can begin the advertising process for the Council meeting. In order to ensure Council action as quickly as possible, it is in your interest to revise as quickly as possible. We await your submission. I am aware that you are interested in getting to the Council as quickly as possible. We will certainly work with you to ensure that this takes place, and that the required public notice is given. Should you have any questions, please feel free to contact me. Respectfully Christopher . Baker,I ICP Director of lanning ad Building DYAS,L.L.C. COMMERICAL REALTORS & DEVELOPERS October 17, 2001 VIA HAND DELIVERY Mr. Christopher D. Baker Director of Planning and Building City of Fairhope Post Office Drawer 429 Fairhope, Alabama 36533 Re: Proposed Village North; ZC 0 1. 13 Dear MI. Baker: Please accept this letter as a response to your letter to me dated October 8, 2001, concerning the above -referenced application which was originally filed on August 31, 2001 (the "Application"), and which was presented to the Fairhope Planning and Zoning Commission (the "Commission") on October 2, 2001. In your letter, you indicated that the Commission approved the proposed Village North subject to a number of conditions, and you requested that I provide to you a revised copy of the master site plan so that you could prepare and publish the required ordinance. As you are aware, certain of the conditions approved by the Commission, and set forth in your October 8 letter (the "Conditions"), had the effect of altering the plan we submitted in August. Since receipt of your letter, I have taken the opportunity to review the Conditions closely with our planner, Sean Davis, as well as with the property owners, in order to determine how we should proceed with the Application. After much review and consideration, please find below our response to each Condition (the "Revised Conditions"). I would appreciate your publishing notice in accordance with the Revised Conditions so that the Fairhope City Council might consider, and, it is our hope, approve our Application subject to the Revised Conditions. Please note that the Revised Conditions have been numbered 1 through 20 and correspond with the twenty bullet points set forth in your October 8 letter. 1. The applicant agrees to meet the City of Fairhope ("COF") lighting requirements. 2. The applicant agrees to meet the COF landscape requirements. 3. The applicant agrees to meet the COF sign requirements. 4. The applicant does not agree to the limitation of 100,000 square feet of retail and office uses. It is the applicant's view, and the view of the applicant' s planner, that the square footage of retail and office contained in the original master site plan, 151,900 and 149,400 respectively, are amounts that are not only consistent with the COF's recently adopted comprehensive plan, but are also necessary to create the critical mass that a successful neighborhood village will demand. 5. The applicant agrees to right in/right out egress across from Plantation Pines if determined to be appropriate by the traffic engineer contemplated in item 15 below. 23210 U. S. HIGHWAY 98, SUITE A " FAIRHOPE, AL 36532 (334) 990-6000 " (334) 990-8807 FAX $ REALTOR• WEB: HTTP://www.DYASLLC.CONI I-', '"''%`" 6. The applicant agrees to four-sided architecture on all retail, office and high -density residential (i.e. apartments) buildings. 7. The applicant agrees that garages must face alleys. 8. The applicant agrees to connect the development to the trails contemplated along the development's perimeter roads (Scenic 98 and Alabama Highway 104). 9. The applicant does not agree to the 10,000 square foot maximum size of any single retail space. 10. The applicant agrees that there should be no breach of buffers along U.S. 98, N. Section St., Alabama Highway 104, and Scenic 98. However, the applicant believes that changes to the vegetation within such buffers should be permitted upon submission of a landscape plan for the affected buffer and approval of such landscape plan by the Commission. 11. In light of applicant' s position with respect to item 4 above, the applicant does not agree to the condition relating to the residential development of the property affected by the reduction in the retail and office square footage. 12. It is the applicant' s view that the building height limitations contained in the Application facilitate architectural diversity and flexibility, and result in the preservation of green space within the development. The applicant is concerned that a reduction in the residential building height limitation contained in the Application will have an adverse effect on the development without any corresponding benefit. Thus, the applicant does not agree to the 30' residential building height limitation. 13. For the reasons set forth in item 12 immediately above, the applicant does not agree to the 35' commercial building height limitation. 14. The applicant agrees to the 25' building height limitation for buildings 5 and 16. Please note that this Condition references buildings 15 and 16. It is the applicant's understanding that building 5 and not building 15, was intended. 15. The applicant agrees to the traffic study Condition subject to the following provisos: A. The traffic engineer will be selected by the City but paid by and work for the developer B. The applicant agrees not to change the essential characteristics of Alabama Highway 104, N. Section St., or Scenic 98. The inclusion of accel/decel lanes and turn lanes shall not constitute changes to the essential characteristics of N. Section St., Alabama Highway 104, and Scenic 98. C. The applicant agrees to pay for improvements required by the traffic study contemplated under this item 15. 16. The applicant agrees to meet the COF subdivision requirements. 17. The applicant agrees to submit detailed site plans for each phase of the development only to the Commission for its consideration and approval. 18. The applicant agrees that shared parking, setbacks, location of dumpsters, and screening shall be evaluated by the Commission as part of the detailed site planning referred to in item 17. 2 19. The applicant agrees to the list of permitted office and retail uses subject to the following changes: A. Veterinary Clinic (no outside overnight boarding) B. Professional Offices (business and professional offices, beauty and barber shops, agencies and headquarters including the following types of businesses: doctors, dentists, lawyers, architects, engineers, chiropractors, real estate, insurance, financial institutions and similar types) C. Banks (with or without drive thrus) D. Gas Station (no major automotive repair) E. Grocery(without 10,000 square foot limitation) F. Include "tavern" to list of retail and personal service uses G. The addition of uses to the list of permitted uses shall be deemed a slight modification of the planned unit development ordinance where such additional uses are substantially similar to and are not different in character from the uses contained in the list of penmitted uses. H. Restaurant (without incidental alcohol sale limitation) 20. The applicant does not understand the intent or meaning of this Condition. If you have any questions concerning any aspect of this letter, please do not to call me at your convenience; otherwise, I would appreciate your publishing the required notice so that the subject application can be considered by the City Council at the earliest practicable time. .. By - FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT Text Change to Zoning Ordinance k, `_ Pa Request for change of Zoning District Description and :N1a1) is attached ]'he Commission has held a public hearing on this matter prior to this final report and wishes to report to the rairhope City Council as follows: \Ve (Do) (Do Not) recommend the proposed zoning text changes as wise, expedient and necessary for the benefit of the City i i We find that the proposed zoning district change (Is) (Is Not) in conformity I with the comprehensive plan and in the best interests of the City as a whole, and i I (Do) (Do Not) Recommend that the City Council adopt an or finance I implementing the proposed changes as provided by law. � S Members Present Voting Aye Voting X',9v Ahztn;� Rev. 9/9S IN The'Fairhope Planning & Zoning Commission will hold a special meeting on October 2, 2001 at S:OOPM at the City Administration Building, in the civic center to consider a re- zoning request of Craig F. Dyas from R1 Low Density Single -Family Residential and R4 Low Density Multi -Family Residential to PUD - a Planned Unit Development for two tracts of property located at the Intersection of N. Section St and US Hwy 98 as described below: TRACT.1 BEGINNING AT A POINT on the East right of way line of County Road #98, which is more particularly identified as Station No. 89+65 of the right of way map of Project No. S-635(3) as recorded in the Office of the Judge of Probate, Baldwin County, Alabama; thence North 47 degrees 29 minutes 52 seconds East along said right of way line a distance of 935 feet, more or less, to a point; thence turn and angle of 90 degrees to the right a distance of 10 feet; thence North 47 degrees 29 minutes 52 seconds East, a distance of 429 feet, more or less, to a point of curve; thence along a curve to the left having a radius of 1,145.92 feet, a distance of 569 feet, more or less, to a point; thence turn an angle to the East a distance of 60 feet, more or less, to a point on the west right-of- way line of U.S. Highway #98; thence South 20 degrees 8 minutes 38 seconds East, along said West right of way line, a distance of 1,621 feet, more or less, to a point; thence South 34 degrees 45 minutes West distance of 57.49 feet; to a point on the North right of way line of Alabama Highway #104; thence South 89 degrees 40 minutes West along said right of way line of Alabama Highway #104, a distance of 1,665 feet, more or less to a point; thence turn an angle to the right of approximately 34 degrees, a distance of 190 feet more or less; thence turn an angle to the right of approximately 54 degrees, a distance of 50 feet, more or less, to the POINT OF RFGINNING. TRACT 2 Beginning at a concrete block being the Southeast corner of the Forbes Grant, Section 7, Township 6 South, Range 2 East, Baldwin County, Alabama; thence run S-76 degrees 03' 22'-W along the South boundary of said Forbes Grant, a distance of 875.08 feet; thence run 5-39 degrees 56' 38-E, a distance of 185 feet, more or less, to the center of Fly Creek, the Point of Beginning, thence run Easterly along the centerline of Fly Creek, a distance of 1850 feet, more or less, to the West right of way line of U.S. Highway #98; thence run S-19 degrees 37' 38"-E along the said west right of way line of U.S. Highway #98, a distance of 420 feet, more or less; thence run S-04 degrees 40'-E along said West right of way line of U.S. Highway #98, a distance of 194.4 feet, more or less; thence continue along the West right of way line of U.S. Highway #98 along a curve to the right, concave Northwesterly, having a radius of 1025.92 feet, a distance of 384.97 feet, more or less to a concrete right of way monument; thence run S-66 degrees 03' 09"-E, a distance of 30 feet, more or less; thence continue along the West right of way line of U.S. Highway #98 (alternate route) along a curve to the right concave Northwesterly, having a radius of 1055.92 feet, a distance of 434 feet, more or less; thence continue along said West right of way line of U.S. Highway #98 (alternate route) S-47 degrees 29' 52"-W, a distance of 729 feet, more or less; thence run S-42 degrees 30' 08"-E, a distance of 30 feet, more ore less, thence continue along said West right of way line of U.S. Highway #98 (alternate route) S-47 degrees 29' 52"-W, a distance of 660 feet, more or less; thence run N-81 degrees 10'-W, a distance of 51 feet, more or less, to the East right of way line of Baldwin County Scenic #98 (old U.S. Highway #98); thence run N-29 degrees 18'-W along said East right of way line of Baldwin County Scenic #98, a distance of 190.26 feet, more or less; thence run S-75 degrees 44-W, a distance of 10 feet, more or less; thence continue along the East right of way line of Baldwin County Scenic Highway #98, N-14 degrees 16'-W, a distance of 924.5 feet, more or less; thence continue along the East right of way line of Baldwin County Scenic #98 along a curve to the left, concave Southwesterly, having a radius of 1989.4 feet, a distance of 735.7 feet, more or less, to the intersection of the South property line of land owned by Arthur and Ellen Dyas; thence run 5-87 degrees 49'-E, a distance of 225 feet, more or less; thence run N-17 degrees I V-E, a distance of 170 feet, more or less, thence run N-64 degrees 49'-W, a distance of 275 feet, more or less, to the center of Fly Creek; thence run Northeasterly along the center of Fly Creek, a distance of 275 feet, more or less, to the Point of Beginning. Said parcel of land lies in Section 8, Township 6 South, Range 2 East, Baldwin County, Alabama, and includes a drainage easement located on the West right of way line of U.S. Highway #98, being more particularly described as: Beginning at a point 145 feet West of U.S. Highway #98, Station 133+00; thence run N-49 degrees 37' 38"-W, a distance of 172.53 feet, more or less; thence run •N-40 degrees 22' 22"-E, a distance of 65 feet, more or less, to the center of Fly Creek; thence run Southeasterly along the center of Fly Creek to a point on the West right of way line of U.S. Highway #98; thence run S-19 degrees 37' 38"-E along the West right of way line of U.S. Highway #98; a distance of 75 feet, more or less, to the Point of Beginning. All interested parties are welcome to attend. Betty Rivenbark, Secretary Planning & Zoning Commission 0�2 a 9/s -1- 9 '.0a -;;C/6737g 0 CITY OF FAIRHOPE CITY COUNCIL COVER SHEET 19 November 2001 ZC 01.13 Public Hearing to Consider the Rezoning Request of the Dyas Family from R1 Single Family and R4 Low Density Multifamily to a Planned Unit Development (Generally Located West of Greeno Rd. and East of Scenic 98 and North of 104) The Days family has submitted for a zoning change. The property is approximately 108 acres. The property is currently zoned R1 Single Family and R4 Low Density Multifamily. They are requesting to rezone to a Planned Unit Development. Enclosed is a booklet, maps, and information submitted by the applicant. Also please find a copy of our review letter dated 18 September 2001. The last page of the booklet contains the site plan. The proposed development is attempting to follow and implement the Village Concept as discussed in our Comprehensive Plan. I encourage you to totally review the booklet enclosed. There is much verbage that will explain to you what the applicant proposes. Please also see the attached description of a Village Center from the Comprehensive Plan — for your information and reference. The Planning Commission considered this request at a special meeting on 2 October 2001 and recommended approval with conditions. These are listed in the Ordinance attached. The applicant agreed to most of the conditions — see the letter dated 17 October from Mr. Craig Dyas. Respectfully Submitted for Consideration, f � Christopher D Baker, AICP Director of PI nning and Building PMR CITY OF FAIRHOPE CITY COUNCIL COVER SHEET 26 November 2001 ZC 01.13 Final Adoption of the Rezoning Request of the Dyas Family from R1 Single Family and R4 Low Density Multifamily to a Planned Unit Development (Generally Located West of Greeno Rd. and East of Scenic 98 and North of 104) As you are aware, the public hearing for the PUD for the Dyas Family was held on 19 November 2001. At that meeting the Council considered the Ordinance and voted to amend several provisions. Attached is the revised Ordinance based on the Council's vote. The Council still needs to vote in the total amount of commercial square footage. ctfully Submittedfor Consideration, Y Christopher D. Director of Plan iker, AICP ng and Building r7 d- t1676-r Lod �i7�J 1?.•r h rvf5 ��EGQ1eN 7Jo 1104 Tk A+i W.0 e F e')tc AL Me. •, 1�-r� �-� )�! ! o UT )C► os s F)eom 1a1ebd6i-A! toy • G�� �'Ivsr �� y411� 1 • g `1'1�-,r� 11f� �4Lo �� ��. I �-I �� ��s � i. e. J o y� 9 a, a ice... TJ AX �i �G ib� -, S�rv,1 C J�c•%4i L �p.1c.E O )o� aoo ' rrew • yQ ► -0->—K- ),04 V!;,VfFe 6 eewo • 40, 1;�,UPfzw- oN Seemc 9 8 • )co' P5v fflm oN I=), • l�L mm ijj�ne- OF -�b �e. de-v4 TeW •' 1Cc5�•��s�Z,I�(?�•�- r�Isunc�( �d:.,y �+ 7 4� �� �.o• 3*' Gcr-It-ttu��•�1 l�,l,� �`1c�ts��cdox�:��a� 4 f �. o. AIL f CAI �l. str C. of '5pecWtvq '5t 16) lroi; j f6b e- �7 d e ve le e-W GH t�crEt2 0� I)b dG*t)vr� I•e. -tvv-K LAnE, Fed • l'I r 7u"ICI Sc c�1 1�, 5 • TAIL 7 rT1✓ �9 nS }ro G 1 Cr— 1 d e774 CPGta AAIZ r.�Vme It o00 qfr - A79W T OF cam'' I . Gj��AY.Eb 'p��'� F,vh � u'► fiLd )n �1 fig. �� AQ!,07 ]PI-AsE, A" r 1I l K { W 1 H.- w• u4- o� - rl w. ss tie s AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: The Baldwin Times, Bav 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, Elberta, Al a weekly newspaper published in Baldwin County, Alabama. Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, The Bulletin). Publication Date: Cost: words/inches x rate C to-ao l ► 3 �? X. 1-1 1 �OAL: S ) q3, 4Co Legal Ad Representative Carla Champion BILL TO: 0- ATTN: P.O./File Number FOR OFFICE USE qNLY Paid Unpaid Acet.# (,26 ito Gulf C Newspaper P.O. Box 509 Robertsdale, Al 36567 Phone (251) 947-7712 State of Alabama County of Baldwin Sworn to and subscribed before m'j !/kcsz�u✓ e this Z , / day of //20�• MY COV.M�SSION EXPMES MAY 22, 2002 c. At,/ — Notary Oublic, Baldwin County, Alabama _ NOTICE OF PUBLIC HEARING Notice is hereby given that the Fairhope City Council vyill hold a Public Hearing on the following proposed Ordinance Amending Zoning Ordinance No. 557, on: Tuesday, November 13. 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. Geniece W. Johnson, City Clerk ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO.557 KNOWN AS THE ZONING ORDINANCE i 9E IT ORDAINED 0Y THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA. as follows: The ordinance known os the Zoning Ordinance (No. 557), odopled 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 property described below: The appropriate public notice and hearing of, the Planning and Zoning Commission of the City of Fairhope, Alabama, has forwarded a favorabie recommendation. The property of the Dyas Family located at the intersection of North Section Street end U.S. Hwy 98, the property Is known as Vllloge North. Legal Description: (Case Number ZC 01.13) TRACT 1 BEGINNING AT A POINT on the East right of way line of County Road #98, which Is more particularly Identified as Station No. 89+65 of the right of way map of Project No. S-535(3) as recorded In the OHlce of the Judge of Probate, Baldwin County, Alabama; thence North 47, degrees 29 minutes 52 seconds East along said right of way line a distance of 935 feet, more or less, to a point: thence turn and angle of 90 degrees' to the right a distance of 10 feet; thence North 47 degrees 29 minutes 52 seconds East, a distance of 429 feet, more or less, to a point of curve; thence '.along a curve to the left having a radius of 1, 145.02 feet, a distance of 569 feet, more or less, to a point; thence turn an angle to the East a distance of 60 feet, more or less, to a point on the West right of way line of U.S. Highway # 98: thence South 20 degrees 8 minutes 38 seconds East, along sold West right of way line, a distance of 1, 621 feet, more or less, to a point; thence South 34 degrees 45 minutes West distance of 57.49 feet; to a point on the North right of way line of Alabama Highway #104; thence South 89 degreei 40 minutes West along said right of way line of Alabama Highway #11)4. a distance of 1,665 feel, more or less to a point; thence turn angle to the right a of approximately 34 degrees, a distance of 190 feet more or less, thence turn an angle to the right of approximately 54 degrees, a distance of 50 feet, more or less, to the POINT OF BEGINNING. TRACT 2 Beginning at a concrete block being the Southeast corner of the Forbes Grant, Section 7, Township 6 South, Range 2 East, Baldwin County, Alabama: thence run S-76 degrees 03' 22' - W along the South boundary of said Forbes Grant, a distance of 875.08 feet; (hencelrun S-39 degrees 56' 38-E, a distance of 185 feet, more or less, to the center of Fly Creek, the Point of Beginning, thence run Easterly along the centerline of Fly Creek, a distance of 1850 feet, more of less, to the West right, of way line of U.S. Highway #98; thence run S-19 degrees 37' 38" -E along the said West right of way line of U.S. Highway # 98, a distance of 420 feel, more or less: Thence run S-04 degrees 40' -E along said West right of way line of U.S. Highway # 98 a distance of 194.4 feet, more or less; thence continue along the West right of way line of U.S. Highway # 98 along a curve to the right, I concave Northwesterly, having a radius of 1025.92 feet, a distance of 384.97 feet, more or less to a concrete right of way mon6menl: thence run S-66 degrees 03' 09" -E, a distance of 30 feel, more or less; thence continue along the West right of way line of U.S. Highway 098 (alternate route) along a curve to the right concave Northwesterly, having a radius of 1055.92 feet, a distance of 434 feet, more of less; thence continue along said West right of way line of U.S. Highway # 98 (alternate route) S-47 degrees 29' 52" -W, a distance of 729 feet, more or less: thence run S-42 degrees 30' 08" -E, a d;slance of 30 feet, more or less, lhence continue along said West right of way line of U.S. Highway #98 (alternate route) 5-47 degrees 29' 52" -W a distance of 660 feel, more or less;;thence run N-81 f degrees 10' -W, a distance of 51 feel, more or less, to the East right of way line of Baldwin County Scenic #98 (old U.S. Highway #98); thence run N-29 degrees 18' -W along said East right of way line of Baldwin County Scenic #98, a distance of 190.26 feet, more or less: thence run S-75 degrees 44- W, a distance of 10 feet, more or less; thence continue along the East right of way line of Baldwin County Scenic Highway 098, N-14; degrees 16' -W, a t distance of 924.5 feet, more or less; thence continue along the East right of way line in Baldwin County Scenic 498 along a curve to the left, concave Southwesterly, having a radius of 1989.4 feet, a distance, of 735.7 feet, more or less, to the Intersection of the South property line of land owned by Arthur and Ellen Dyas: thence run S-87 degrees 49' -E, it distance of 225 feet, more or less; thence run N-17 degrees 1 V -E. a distance of 170 feet, more or less, thence run N-64 degrees 49' -W, a distance of 275 feel, more or less, to the center of Fly Creek; thence run Northeasterly along the center I of Fly Creek, a distance of 275 feet, more or less, to the Point of Beginning. Said parcel of land lies in Section 8, Township 6 South, Range 2 East, Baldwin County, Alabama, and Includes a drainage ease(rlent located on the West right of way line of U,S. Highway #98, being more particularly i described as: Beginning at a point 145 feet West of U.S!, Highway #96, Station 133+00; thence run N-49 degrees 37' 38"-W, a distance of 172.53 feet, more of less; thence run N-40 degrees 22' 22%E, a tllslance of 65 feel, more or less, to the center of Fly Creek: thence run Southeasterly along the center of Fly Creek to a point on the West right of way Ilne of U.S. Highway #98; thence run S-19 degrees 37' 38"-E along the West right of way of U.S. Highway #98: a distance of 75 feet, more of less, to the Point of Beginning. Attached, as "Exhibit A" Is a book that contains a site plan and development regulation that has been approved by the Planning Commission with conditions. The conditions of approval by the Planning Commission take total and unequivocal precedence over any conflicting statement, requirement, or any other type of regulation contained in hExhibit A". Conditions that are not reflected In "Exhibit A" and /dr not agreed to in "Exhibit B" 0 100,o00 sq. ft. of Commercial (Office and Retail) North of Section - No more than 60% of either use. o Right in/out at egress across from Plantation Pines 0 Maximum size of any single retail space of 10,000 sq. ft. o Reminder of the property to be developed using the same residential ratios 0 30' Residential Building Height measured according to height definition In Zoning Ordinance a 35' Commercial Building Height measured according to height definition in Zoning Ordinance I 0 Detailed site plan to Planning Commission and City Council with each phase I a Shared parking evaluated In site planning phase, along with setbacks, dumpslers, and screening Allowed uses in Village Center - Planned Unit Development are: Retail and Personal Services " o Appliances 8 Appliance Repair a Banks (no drive lhrus) o Barber/Beauty Shops o Bakery (retail) ❑ Bicycle Shop ❑ Clothing Store ❑ Coffee Shop ❑ Confectionary Store o Dance School 0 Day Care o Drug Store D Dry Cleaning/Laundry (no odor, no coin operated) o Dry Goods/Notions ❑ Furnliure/Home Store o Gas Station (no repair) o Gift Shop o Grocery (not to exceed 10,000 square feet) o Hobby Store ❑ Jewelry Store D Meal Market/Delicatessen o Media Store ❑ Music Shop o Package/Liquor Store a Pet Grooming o Pet Store a Printing Shop o Restaurant (only Incidental alcohol sales) u Shoes Sales & Repairs ❑ Sporting Goods ❑ Stationery Store o Tailor a Toy Store o Vidco Store Attached, as "Exhibit B" Is the applicants response to the, Planning Commission's approval of 2 October 2001. This response serves I canl'snd any and all statements contained in "Exhibit A". it outlines the app agreement to some of the conditions of approval granted, by the Planning Commission. The class-icatlon of said proporty Is horribly changed from RI -Low Density Single Family Rosldontl3l AND R4 Low Donslly Multi -Family Residential TO A Planned Unit Dovolopmont and shall dovolop In substantial conformity with the site plan and dovolopmonl regulations contained in "Exhibit All. Severabllity Clause - That It is hereby declared to be the Intention of the City Council that the section, paragraphs, sentences, clause%, and phrases of this ordinance are severable, and if any phra clause, sen.ence, paragraph, or section of this ordinance shall be declared inval,d or unconstitutional by the valid judgment or docree of any court of compelenl jurisdiction, such InvodC:ty or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs. or sections of this ordinance, sinco Iho same would have nacted the City thout lhe Incorporation in s ordi any such i valid unconstitutionaloephrase. clause. l ll sentence, paragraph, orsection.nce of Eftoctive Date - This ordinance shall lake eltecl Immediately upon Its duo adoption and publkcatlon as required by law. I — - END OF PROPOSED ORDINANCE C-10.20 Professional Services & Offices o Commercial AMsls o Veterinary Clinic (no overnight boarding) a Professional Offices (doctor, dentist, travel agencies agencies) real estate • AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: _ The Baldwin Times, Bav 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, Elberta, Al a weekly newspaper published in Baldwin County, Alabama. Weekend Edition (includes The Fairhope Courier, he Onlooker, The Islander, The Bulletin). Publication Date: Cost: words/inches x rate C 1c)--Q 1110,1 2C. 1-7 TOTAL: S Legal Ad Representative Carla Champion BILL TO: ATTN : P.O./File Number FOR OFFICE USE ONLY Paid Unpaid Acct.# (QZov(Q Gulf ( . Newspaper P.V. Box 509 Robertsdale, Al 36567 Phone (251) 947-7712 State of Alabama County of Baldwin Sworn to and subscribed before me this ;?-- day of Notary P blic, Baldwin County, Alabama f C nAAY 22. 26W Notice Notice is hereby g tlutt the Fairhope City Council w01 hold a Publle Ilearin on the following proposed Ordinance Amending Zoning Ordinance No. 557 at a We. vial city council meetinngg on Non- have an opportunity to be heard In day, November 19 2001' at 5.30 favor of, or In opposition to, this p.m., Fe ope CangNx proposed Ordinance and we coa Councll Chamber, 15 North See- diallyy Invited to be present don Street, Fairhope, AL 311=1 Geniece W. Johnson, City Clark All persons who desire shall C.10.27 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 657 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 with Conditions. The property of the Dyas Family located al the intersection of North Section Street and U.S. Hwy 98, the property is known as Village North 1. Legal Description; (Case Number ZC 01,13) TRACT f BEGINNING AT A POINT on the East right of way line of County Road #98, which is more patliwlarly identified as Station No 89+65 of the right of way map of Project No. S-635(3) as recorded in the Office of the Judge of Probate, Baldwin County, Alabama, thence North 47 degrees 29 minutes 52 seconds East along said right of way line a distance of 935 feet, more or less, to a point; thence tum and angle of 90 degrees to the right a distance of 10 feet; thence North 47 degrees 29 minutes 52 seconds East, a distance of 429 feet, more or less, to a point of curve, thence along a curve to the left having a radius of 1, 145.02 feet, a distance of 569 feet, more or less, to a point, thence turn an angle to the East a distance of 60 feet, more or less, to a point on the West right of way line of U S. Highway # 98; thence South 20 degrees 8 minutes 38 seconds East, along said West right of way line, a distance of 1, 621 feet, more or less, to a point, thence South 34 degrees 45 minutes West distance of 57 49 feet, to a point on the North right of way line of Alabama Highway #104; thence South 89 degrees 40 minutes West along said right of way line of Alabama Highway #104, a distance of 1,665 feet, more or less to a point; thence turn angle to the right a of approximately 34 degrees, a distance of 190 feet more or less, thence turn an angle to the right of approximately 54 degrees, a distance of 50 feel, more or less, to the POINT OF BEGINNING. Yg10NoMuzaegreee,iinu- mtnx "nnnm-l. !2.37 feet; thence leaving 27" E for a distance of 662.65to a degrees 24' 09" E for a distance of vgin and running South 89 point; thence run N 89 degrees 32' 1327.22' to a point; thence run S 89 cs' 21" East 551.64 feet; 38' W for a distance of 1306.80' to degrees 53' 36" W fora distance of — — .....a,,,. than inn S 00 de9ree3 44. 1196.79' to a ooiM' thane. re m c 4, TRACT2 Beginning at a concrete block being the Southeast corner of the Forbes Grant, Section 7, Township 6 South, Range 2 East, Baldwin County, Alabama; thence run S-76 degrees 03' 22' - W along the South boundary of said Forbes Grant, a distance of 875.08 feel; lhencelrun S-39 degrees 56' 38-E, a distance of 185 feet, more or less, to the center of Fly Creek, the Point of Beginning, thence run Easterly along the centerline of Fly Creek, a distance of 1850 feet, more of less, to the West right of way line of U.S. Highway *98; thence run S-19 degrees 37' 38" -E along the said West rlghl of way line of U.S. Highway # 9B, a distance of 420 feet, more or less: Thence run S-04 degrees 40' -E along said West right of way line of U.S. Highway # 98 a distance of 194.4 feel, more or less; thence continue along the West right of way line of U.S. HlRhway # 98 along a curve to the right, concave Northwesterly, having a radius of 1025.92feel, a distance of 384.97 feet, more or less to a concrete right of way monumgnl; thence run S-66 degrees 03' 09" -E, a distance of 30 feet, more or less: thence continue along the West right of way line of U.S. Highway #98 (alternate route) along a curve to the right concave Northwesterly, having a radius of 1055.92 feel, a distance of 434 feet, more of less; thence continue along sold West right of way line of U.S. Highway # 98 (a„ernale route) S-47 degrees 29' 52' -W, a distance of 729 feet, more or less' I thence run S-42 degrees 30' 08" -E, a distance of 30 feet, more or less, lhence continue along said West right of way line of U.S. Highway 498 (alternate route) S-47 degrees 29' 52" -W a distance of 660 feel, more or less;;thence run N-81 degrees 10' -W, a distance of 51 feel, more or less, to the East right of way line of Baldwin County Scenic #98 (old U.S. Highway #98); thence run N-29 degrees 18' -W along said East right of way line of Baldwin County Scenic #98, a distance of 190.26 feet, more or less: thence run S-75 degrees 44- W, a distance of 10 feet, more or less; thence continue along the East right of way line of Baldwin County Scenic Highway #98, N-14; degrees 16' -W, a distance of 924.5 feet, more or less; thence continue along the East right of way line in Baldwin County Scenic #98 along a curve to the left, concave Southwesterly, having a radius of 1989.4 feet, a distance, of 735.7 feet, more or less, to the intersection of the South property line of land owned by Arthur and Ellen Dyes; thence run S-87 degrees 49' -E, it distance of 225 feet, more or less; thence run N-17 degrees 11' -E. a distance of 170 feet, more or less, thence run N-64 degrees 49' -W, a dlslance of 275 feel, more .-or less, to the center of Fly Creek; thence run Northeasterly along the center of Fly Creek, a distance of 275 feet, more or less, to the Point of Beginning. Said parcel of land Iles in Section 8, Township 6 South, Range 2 East, Baldwin County, Alabama, and Includes a drainage easement located on the West right of way line of U,S. Highway #98. being more particularly described as: Beginning at a point 145 feel West of U.S!. Highway #98, Station 133+00; thence run N-49 degrees 37' 38"-W, a distance of 172.53 feel, more of less; thence run N-40 degrees 22' 22"-E, a dlslance of 65 feet, more or less, to the center of Fly Creek: thence run Southeasterly along the center of Fly Creek to a point on the West right of way 114 of U.S. Highway 08; thence run S-19 degrees 37' 38"-E along the West right of way of U.S. Highway #98; a distance of 75 feet, more of less, to the Point of Beginning, ,2. Development Regulations: Attached, as "Exhibit K is a book that contains a site plan and development regulations that has been considered by the Planning Commission The Planning Commission has recommended to the City Council approval of "Exhibit A' with conditions. The oondgions of approval by the Planning Commission are attaches as "Exhibit 6'. The applicarN's agreement to some of the conditions is attached a: 'Exhibi(C' Conditions of approval by line Planning Commission that are not agreed to, in who a or in part, by the applicant are list +100 000 sq. ft. of Commere and Retail) North of Section -No more than 60% of either use. -Right iryout at egress across from Plantation Pines -"Maximum size of any single retail space of 10,000 sq ft. Reminder of the property to be developed using the same residential ratios +30' Residential Building Height measured according to height definition in Zoning Ordinance +35' Commercial Building Height measured according to height definition in Zoning Ordinance Detailed site site plan to Planning Commission and City Council with each phase +Shared parking evaluated in site planning phase, along with setbacks, dumpsters, and screening -+8 fool trails along perimeter roads (i.e. Section, 104, Scenic 98 etc..) ,No breaching of buffers along US 98. Section, 104, Scenic 98 -Overall traffic study to be performed by agent of the City but paid for be developer; cannot change essential characteristics of Scenic 98, Section,104 -Allowed uses in proposed Village North. +Professional Services 8 Offices. I •+Commercial Artists .•Vaterinary Clinic (no overnight boarding) -Professional Offices (doctor, dentist, travel agencies, real estate agencies) + Retail and Personal Services. -Appliances R Appliance Repair -Banks (no drive thrus) -Barber/Beauty Shops -Bakery (retail) -Bicycle Shop -Clothing Store -Coffee Shop -Confectionary Store -Dance School &+Day Care -Drug Store -Dry Cleaning/Laundry (no odor, no coin operated) ,,,Dry Goods/Notions -Furniture/Home Store -Gas Station (no repair) -Gift Shop .+Grocery (not to exceed 10,000 square feel) -Hobby Store -Jewelry Store .+Meat Market/Delicatessen -Media Store -Music Shop -Package/Liquor Store -Pet Grooming -Pet Store -Printing Shop -Restaurant (only incidental alcohol sales) -Shoes Sales 8 Repairs -Sporting Goods -Stationery Store -Tailor -Toy Store -Video Store Should the proposed PUD be approved by the City Council with conditions, the conditions would take total and unequivocal precedence over any conflicting statement, requirement, or any other type of regulations contained in 'Exhibit A' 3. Change of Zoning Classification: i The classification of said property is hereby changed from R1-Low Density Single Family Residential and R4 Low Density Multi -Family Residential to a Planned Unit Development (PUD) and shall develop in substantial conformity with the site plan and development regulations contained in "Exhibit A" subject to the conditions as agreed to by the applicant in 'Exhibit C; and other conditions, if any, as may be approved by the City Council., such as the conditions required in 'Exhibit B" and not agreed to by the applicant 4. Severability Clause - That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction; such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. 8 Effective Date - This ordinance shall take effect immediately upon its due adoption and publication as required by law. END OF PROPOSED OR1711MAN11c AFFIDAVIT: This is to certifv that the attached legal notice/advertisement appeared in: _ The Baldv in Times, Bay :`linette, 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, Elberta, Al a weekly newspaper published in Baldwin County, Alabama. `Weekend Edition (includes The Fairhope Courier, he Onlooker, The Islander, The Bulletin). Publication Date: Cost: words/inches x rate C 1 1-3 QcvgT X l-7 OVAL: S ILt�'� •O� Legal Ad Representative Carla Champion BILL TO: ATT;N: P.O./File Number FOR OFFICE USE ONLY Paid Unpaid_ )(_Acct.T toQWj(-Q Gulf C t Newspaper P.O. Box 509 Robertsdale, Al 36567 Phone (251) 947-7712 State of Alabama County of Baldwin Sworn to and subscribed before me this Z day of 20� ss Notary Public, Baldwin County, Alabama MY CCMMISSION EXP;3ES MAY 22, 2007 Second Notice o1 Public Hearing have an opportunity to be heard In a Planned Unit Development and I Notice is hereby given the favor of, or In oppoelflon to, this SW develop In substi mlal, an and second time that the Falrhope City cordially Invited of be present deorclinsfies and am velopmentty regith it* site ulations Council will hold a Public Hearing of �� contained In "Exhibit A." on a proposed Ordinance SYno� Amending Zoning Ordinance No. Ordinance to bs considered: The property of the Dyasj 557; on Monday, November 19, Ordinance printed in full In Family located at the Intersection 2001, Special Cify�og-n-.I October 27 2001 Issue of tits of North Section Street and U.S. 'Meeting, 5:30 p.m., Fairhope Faktrope�r' Hwy. 96, the property Is known as� iMeetcipal Complex Coundl An ordinance to rezone the Village North. 'Chamber, 161 North Section Famgy's Property aka Village Legal Description (Case iStree% Falrhope, AL 36532 now from Nt•Low Densil—y 51ngle Number ZC-01.13)' I All persons who desire shall Femlty -Residential and Rd Low C•11.31 Density Multi -Family Residential to TRACT 1 t BEGINNING AT A POINT on the East right of way line of County Road #98, which is more particularly identified as Station No. 89+65 of the right of way map of Projcct No. S-635(3) as recorded in the Office of the Judge of Probate, Baldwin County, Alabama; thence North 47 degrees 29 minutes 52 seconds East along said right of way line a distance of 935 feet, more or less, to a point; thence turn and angle of 90 degrees to the right a distance of 10 feet; thence North 47 degrees 29 minutes 52 seconds East, a I distance of 429 feet, more or less, to a point of curve; thence along a curve to the left having a radius of 1, 145.02 feet, a distance of 569 feet, more or less, to a point; thence I rum an angle to the But a distance of 60 feet, more or less, to a point on the West right of way line of u.s. Highway # 98; thence South 20 degrees 8 minutes 38 seconds East, along said West right of way line, a distance of 1, 621 feet, more or less, to a point; I thence South 34 degrees 45 minutes West distance of 57.49 feet; to a point on the North right of way line of Alabama Highway #104; thence South 89 degrees 40 minutes West along said right of way line of Alabama Highway NID4, a distance of 1.665 feet, more or less to a point; thence rum angle to the right a of approximately 34 degrees, a distance of 190 feet more or less, thence turn an angle to the right of approximately 54 degrees, a distance of 50 feet, more or less, to the POINT OF BEGINNING.:, TRACT 2 i I Beginning at a concrete block being the Southeast comer of the Forbes Grant, Section 7, Township 6 South, Range 2 East, Baldwin County, Alabama; thence run S-76 degrees 03' 22' — W along the South boundary of said Forbes Gant, a distance of 975.08 feet; thence run S-39 degrees 56' 38-E, a distance of 185 feet, more or less, to the center of Fly Creek, I the Point of Beginning, thence run Easterly along the centerline of Fly Creek, a distance of 1850 feet, more of less, to the West right of way line of U.S. Highway #98; thence run S-19 degrees 37' 38" —L• along the said West right of way line of U.S. Highway # 98, a distance of 420 feet, more or less; thence run S-04 degrees 40'—E'along said West right of way line of U.S. Highway # 98 a distance of 194.4 feet, more or less; thence continue along the West right of way lime of U.S. Higbway # 98 along a curve to the right, concave Northwesterly, having a radius of 1025.92 feet, a distance of 384.97 feet, more or less to a concrete right of way monument; thence run S-66 degrees 03' 09" —E, a distance of 30 feet, more or less; thence continue along the West right of way line of U.S. Highway #98 1 (alternate route) along a curve to the right concave Northwesterly, having a radius of I 1055.92 feet, a distance of 434 feet, more of less; thence continue along said West right of way line of U.S. Highway # 98 (alternate route) S-47 degrees 29' 52" —W, a distance t of 729 feet, more or less; thence run S42 degrees 30' 08" —E, a distance of 30 feet, more or less, thence continue along said West right of way line of U.S. Highway #98 (alternate I route) S47 degrees 29' 52" —W a distance of 660 feet, more or less; thence run N-81 degrees 10' —W, a distance of 51 feet, more or less, to the East right of way line of Baldwin County Scenic #98 (old U.S. Highway #98); thence run N-29 degrees 18' —W along said East right of way line of Baldwin County Scenic #98. a distance of 190.26 feet, more or less; thence run S-75 degrees 44-W, adistance of 10 feet, more or less; thence continue along the East right of way line of Baldwin County Scenic Highway #98, N-14 I degrees 16' —W, a distance of 924.5 feet, more or less; thence continue along the East right of way line in Baldwin County Scenic #98 along a curve to the left, concave Southwesterly, having a radius of 1989.4 feet, a distance of 735.7 feet, more or less, to 1 the intersection of the South*property line of land owned by Arthur and Ellen D-v.hs; thence run S-87 degrees 49' —E, a distance of 225 feet, more or less; thence run N-17 degrees I V -E, a distance of 170 feet, more or less, thence tun N-64 degrees 49' —W, it distance of 275 feet, more or less, to the center of Fly Creek; thence run Northeasterly along the center of Fly Creek, a distance of 275 feet, more or less, to the Point of Beginning. Said parcel of land tics in Section 8, Township,6 South, Range 2 East, Baldwin County, Alabama, and includes a drainage easement located on the West right of way line of U.S. Highway #98, being more particularly described as: Beginning at a point 145 feet West of U.S. Highway 1498, Station 133+00; thence run N-49 degrees 37' 38"- t t W, a distance of 172.53 feet, more of less; thence run N-40 degrees 22' 22"-E, a distance of 65 feet, more or less, to the center of Fly Creek; thence run Southeasterly along the center of Fly Creek to a point on the West right of way line of U.S. Highway Oil; thence run S-19 degrees 37' 38"-E along the West right of way of U.S. Highway #98; a distance of 75 feet, more of less, to the Point of Beginning.