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HomeMy WebLinkAboutO-1137ORDINANCE NO. 1137 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 Dr. Barry Booth located on the North West side of U.S. 98 and Parker Road. Legal Description: ( case number ZC 01.10) Lots 1 and 2 of Commercial Center Parker Road Subdivision as recorded in Map Book 10, Page 14, plus a parcel being described as follows: From the Northeast Corner of Fractional Section 5, Township 6 South, Range 2E, run West 2,640 feet along the North line of said Fractional Section 5; thence run South 1,320 feet; thence run West 510, more or less, to the East line of the John Forbes Grant, Section 7, Township 6 South, Range 2E, for the Point of Beginning; Thence run East 150 feet; thence run North and perpendicular to the last described course 325 feet; thence run West and perpendicular to the last described course 230 feet, more or less, to the East line of John Forbes Grant Section 7; thence run Southwestwardly along said East line 335 feet, more or less, to the Point of Beginning, containing 1.4 acres more or less; and lying within Fractional Section 5 Township 6 South Range 2E. Less and except the following described parcel: Commence at a crimp top iron pipe at the Northeast corner of Lot 2, Commercial Center Parker Rd. Subdivision, as shown by map or plat thereof recorded in Map Book 10, Page 14 Probate Records Baldwin County, Alabama for a Point of Beginning; thence run South 15 degrees 41 minutes 21 seconds East, along the East line of said Lot 2, a distance of 207.13 feet to a capped iron pin marker; thence run South 68 degrees 43 minutes 45 seconds West, 60.29 feet; thence run North 15 degrees, 41 minutes, 21 seconds West, 240.46 feet; thence run Northwesterly along a curve to the right, having a radius of 75.00 feet, and arc length of 13.19 feet (chord bearing and distance equal North 10 degrees 39 minutes 10 seconds West, 13.17 feet); thence run North 05 degrees 36 minutes 59 seconds West, 136.30 feet; thence run South 74 degrees 51 minutes 3 seconds West, 139.99 feet to a point on the East margin of Sibley Square, a Re -subdivision of Parker Road. Commercial Park, as shown by Map or plat thereof recorded at slide file 890-A, Probate Records Baldwin County, Alabama; thence run North 15 degrees 08 minutes 57 seconds West, along the East margin of said Sibley Square, 222.84 feet to a crimp top iron pipe marker; thence run South 87 degrees 32 minutes 56 seconds East, 230 feet; thence run South 01 degree 33 minutes 59 seconds East, 326.32 feet to a crimp top iron pipe marker; thence run South 87 degrees 30 minutes 32 seconds east 35.63 feet to the Point of Beginning. A map of the property to be re -zoned is attached as OExhibit AO Ordinance No. 1137 Dr. Barry Booth Page -2- The classification of said property is hereby changed from Rl-Low Density Single Family Residential to B4- Business and Professional Offices. 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. APPROVED BY THE CITY COUNCIL THIS 26`h nAY OF November , 2001 Attest: Geniece W. Johns n, Cit erk cW 0 y0 �U a u.` a+o C� o� z .o w 0 1-- 0 r• � Timot M. Kant, ayo By: FAIIZIJOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT Text Change to Zoning Ordinance Request for change of Zoning District (Applicant Description and INIap is attached The Commission has held a public hearing on this matter prior to this final report and wishes to report to the Fairhope City Council as follows: We (Do) (Do Not) recommend the proposed zoning text changes as wise, expedient and necessary for the benefit of the City 1% 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 mbftN +-D De 4 �k -,,? q Lk(Do) (Do Not) Recommend that the City Counc`ri�-adopt an Vdinance implementing the proposed changes as provided by law. ; Members Present Rcv. 9/9S Voting Aye Voting Nay Abstain X Respectfully submitted. Chairman Q i 4 - •V V ' _ST C�Rt�IE.R S,TlaS, R2E. W N i -- I � r 2 U/ (0 a W� m 0 cz o 0 ti _Z J In W 3 N a I � .P 'HEO.ST GOP-tjr-w- ES 6RALIT 5EG.'7, TCoS, R Z E i 'f G AAI-F ,I ti8>. O w a ' Y i \ Y � moo.• BOOTH PROP. ■ Q i 0Ceti C) p eRs°ti 1�Eos,�'9\' G Az co 4 I Go a IL va 14 P rz o P 0.5 ACRES -3S, MI1i. 1! t> .)IIDI SET Ul 0 g Z' ! IZO' I 19 L9'-o9'- 40" W - 4 T 9. PARKER- R-DAD 11IRS I : '. - -^^_ McCRORY & WILLIAMS ,.. i.+..�„ �.......�.-..n s .;token of imievntpo CONSULTINd ENGINEERS __, LAND SURVEYORS I AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: _ The Baldwin Times, Bay vlinette, Al _ The Bulletin, Daphne, Al The Fairhope Courier, Fairhope, Al The Independent, Robertsdale, AI _ The Onlooker, Foley, Al _ The Islander, Gulf Shores, Al The Elberta/Lillian, Elberta, AI a weekly newspaper published in Bald,.vin unty, Alabama. weekend Edition (includes The Fairhope Courier, he Onlooker, The Islander, The Bulletin). Gulf 1 st Newspaper P.O. Box 509 Robertsdale, A136567 Phone (251) 947-7712 State of Alabama County of Baldwin Sworn to and subscribed before me ttyis O day of 20 6/ Notary Public, Baldwin County, Alabama MY COMMISSION EXPIRES MAY 22, 2002 P blication Date: Cost: �words/inches x rate �2 ► �� NOTICE OF PUBLIC HEAitING BILL OTAL%S 14 Legal Ad Representative arla Champ'o TO ` Notice is hereby given that the Falrhope CRY Council will hold a Public Hearing on the following proposed Ordinance Amending Zoning Ordinance No. 557; on: 5:30 p.m.; Fairhope Municipal Complex Council Chamber; 161 North Section Street: L Fairhope, AL 30532. All persons who desire shall have an opportunity b be heard in favor of, or in o to, this proposed Ordinance and are oo►dlaNy invited b be present. Ppoaitbn Geniece W. Johnson, City Clerk ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO.557 ATTti : P.O./File Number FOR OFFICE USE O� � � / Paid Unpaid Acct.' (f% 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. 5571, adopted 11 August 1975. together with the Zoning Map of the City of Faithope, be and the sam a 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 Falrhope, Alebame, has forwarded a favorable recommendation. The property of Dr. Barry Booth located on the North W est side of U.S. 96 and Parker Road. Legal Description: ( case number ZC 01,10) e Lots 1 and 2 of Commercial Center Parker Road Subdivision as recorded In Map Book 10. ' Pago 14. plus a parcoi boing doccdbad as f allows: From the Northeast Comer of Fractional Section 5, Township 6 South, Range 2E, run West 2,640 reel along the North line of said Fractional Section 5; thence run South 1,320 feel; thence run West 510. more or less, to the East line of the John Forbes Grant, Soclton 7, Township 6 South, Range 2E, f or the Point or Beginning; Thence run East 150 f eel; thence run North and perpendicular to the last described course 325 f eel: thence run West and perpendicular to the last described course 2301 eel, more or less, to the East line of John Forbes Grant Section 7; thence run Soulhwastwardly along said East line 335 f eel, more or less, to the Paint of Beginning. containing 1.4 acres m are or less: and lying within Fractional Section 5 Township 6 South Range 2E, r Lass and except the following described parcel: Commence at a crimp lop Iron pipe at the Northeast comer of Lot 2. Commercial Center Parker Rd. Subdivision, as shown by map or plat thereof recorded in Map Book 10. Page 14 Probe[@ Records Baldwin County , Alabama for a Point of Beginning; thence run South 15 degrees 41 minutes 21 seconds East, along the East line of said Lot 2, a distance of 207.13 feet to a capped Iron pin in arker; lhence run South 66 degrees 43 m Inules 45 seconds West. 60.29 feel: thence run North 15 degrees, 41 m Inules, 21 seconds West, 240.46 feet; thence run Northwesterly along a curve to the right, having a radius of 75.00 lest, and arc length of 13.19 feet (chard bearing and distance equal North 10 degrees 39 minulos 10 soconds West, 13.17 feel); thence run North 05 degrees 36 m Inutes 59 seconds West. 136.30 feel; thence run South 74 degrees 51 m inules 3 seconds West. 139.99 feet to a point on the East margin of Sibley Square, a Re -subdivision of Parker Road. Commercial Park, as shown by Map or plat thereof recorded at slide file 590-A, Probate Records Baldwin County, Alabama; thence run North 15 degrees 08 m Inules 57 seconds West. along the East margin of said Sibley Square, 222.64 feel to a crimp lop Iran pipe marker, thence run South 67 degrees 32 m Mutes 56 seconds East, 230 lost; thence run South 01 degree 33 m Inules 59 seconds East, 326.32 feet to a crimp top Iron pipe marker, thence run Soutit V degrees 3g m inules 32 seconds oast 35.531 sot In time Point of Beginning. A map of the property to be re -zoned Is olloched as 'Exhibit A" The classification of sold pnpsrly Is hsreby sllerhpd kom R1•Low Donstty Shale Femlly Resldonllai to B4- DWMReee wW PsokosNrrN ORkes. This properly shall r hereafter be lawful to caueuel on such properly any sAucsaes permitted by Ordinsnos • 4-'.� No. 667 and to use said prom lass for any tree permitted or buNdkmg sought to be we610d o an sold property shall be In conhpitsnce with to bulk" laws of the City of FMrhopa end I that any structure shall be approved by to BuAdkmg Official of The City of Feirhops and t that any such structure be shaded only in conhpNance with such tows. Including the row"monls of Ordinonce No. 557. 1Soverebllity Clause - it any part, section of subdivision of this ordinance shall be I+Md unconstitutional or in vstid for any hewn, such holding shalt not be construed to kwokdsle I or Impak the remainder or this ordinance, wMch shelf continue in full force and effect rmolwilhslerding such holding. Effective Onto - This ordinance she$ lake oitecl immediately upon Its due adoption and publication as required by law. END OF PROPOSED ORDINANCE C-9-1 AFFIDAVIT: This is to certify that the attached legal ❑otice/advertisement appeared in: _ The Baldwin Times, Bav dinette, Al _ The Bulletin, Daphne, Al _ The Fairhope Courier, Fairhope, Al The Independent, Robertsdale, Al _ The Onlooker, Foley, At _ The Islander, Gulf Shores, Al The Elberta/Lillian, Elberta, Al a weekly newspaper published in BaldNvin Counrv, Alabama. NVeekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, The Bulletin). • "TK_--�s e: Cost: words/i ches x rate i t X,j? OT.AL:,S �p Lecral Ad Representative �CJA Champs n BILL TO: ATTN P.O./File \umber FOR OFFICE USE l� I Paid Unpaid Acct.= (� LO Gulf Cast Newspaper P.O. Box 509 Robertsdale, Al 36567 Phone (251) 947-7712 State of Alabama County of Baldwin Sworn to and subscribed before me his day of 200 ~rotary Public, Baldwin County, Alabama MY COMM.SSION EXPIr=S MAY 22, 2002 Second Notice of Public Hearing Complex lee Council Street amber, 161 panted In full In September 1, 2001 North pe, Issue of the Fairhope Courier: t 36632 Notice Is hereby given the sec- All persons who desire shall and time that the Felrhope City shave an opportunity to be heard In An Ordinance rezoning Dr. Bar - Council will hold a Public Hearing 'favor of, or In opposition to, this ry Booth's property from Rt-Low on a proposed Ordinance Amend-, (proposed Ordinance and are car. Densittyy Single Family Residential Ing Zoning Ordinance No. 557, on dlally Invited to be present. to B4.Business and Professional Monday, September 24, 2001, at Synopsis of proposed ordl- Offices. 5:30 p.m., Fairhope Municipal -nance to be considered: Ordinance C-9-8 I The property of Or. Barry Booth located on the North W est side of U.S. 98 and Parker Road. —� Legal Description: ( case number ZC 01.10) Lots 1 and 2 of Commercial Center Parker Road Subdivision as recorded in Map Book 10. Pago 14. plus a parcel boing described as r allows: From the Northeast Comer of Fractional Section 5, Township 6 South, Range 2E. run West 2,640 feel along the North line of said Fractional Sedan 5; thence run South 1,320 feet; thence run West 510. more or less, to the East line of the John Forbes Grant, Soction 7, Township 6 South, Range 2E, f or the Point of Beginning; Thence run East 150 f eel; thence run North and perpendicular to the last described course 325 f eel: thence run West and perpendicular to the last described course 230 f eel, more or less, to the East line of John Forbes Grant Section 7; thence run Southwostwardly along said East line 335 f eel, more or less, to the Paint of Beginning, containing 1.4 acres m are or less: and lying within Fractional Section 5 Township 6 South Range 2E. Less and except the following described parcel: Commence at a crimp lop Iron pipe at the Northeast comer of Lot 2. Commercial Center Parker Rd, Subdivision, as shown by map or plat thereof recorded in Map Book 10, Page 14 Probate Records Baldwin County. Alabama for a Point of Beginning: thence run South 15 degrees 41 minutes 21 seconds East, along the East line of said Lot 2, a distance of 207.13 feet to a capped Iron pin m arker, thence run South 66 degrees 43 m inules 45 seconds West. 60.29 feet: thence run North 15 degrees, 41 m Mules, 21 seconds West, 240.46 feet; thence run Northwesterly along a curve to the r"phi, having a radius of 75.00 lest, and arc length of 13.19 feet (chord bearing and distant _ equal North 10 degrees 39 minulos 10 soconds West, 13.17 feel); thence run North 0` degrees 36 m Inutes 59 seconds West, 136.30 feel; thence run South 74 degrees 51 m inules 3 seconds West. 139.99 feet to a point on the East m argln of Sibley Square, a Re-subdiv ision of Parker Road. Commercial Park, as shown by Map or plat thereof recorded at slide file e90-A, Probate Records Baldwin County, Alabama; thence run North 15 degrees 08 m Inutes 57 seconds W esL along the East margin of said Sibley Squats, 222.64 (eel to a crimp lop Iran pipe marker, thence run South 67 degrees 32 m Inutes 56 seconds East, 230 feet: thence run South 01 degree 33 m mutes 59 seconds East, 326.32 feet to a crimp top iron pipe marker; thence run South 87 degrees 30 in Inlet 32 soconds east 35.63 feet to the Point of Beginning.