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HomeMy WebLinkAboutO-1159ORDINANCE NO. 1159 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 Leonard Gafford located West of 27 and North of Windmill Road. Legal Description: (Case Number 7C 02.05) Commence at the Southeast corner of Section 15, Township 6 South, Range 2 East, St. Stephens Meridian, and run thence North 00 degrees 7' East, 428.22 feet; thence run West 40.0 feet to an iron pin marker on the West margin of Baldwin County Highway Number 27 for a POINT OF BEGINNING: Thence continue West 409.7 feet to an iron pin marker; thence run North 00 degrees 15' East, 237.23 feet to an iron pin marker in an old fence; thence run East along and with an old fence, 409.13 feet to an iron pin marker; thence run South 00 degrees 07' West, 237.22 feet to the point of beginning. Tract contains 2.22 acres, more or less, and lying in the Southeast Quarter of the Southeast Quarter of Section 15, Township 6 South, Rang 2 East, Baldwin County, Alabama. (Description composed from office records and actual field survey.) A map of the property to be re -zoned is attached as Exhibit A. The classification of said property is hereby changed from RA -Rural Agricultural to R-1 Low Density Single -Family Residential District. 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 invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date - This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS THE 14`h DAY OF October , 2002. Ti othy M. ant, jayor Attest: Geniece W. Johnson, Ci er CITY OF FAIRHOPE PLANNING AND ZONING COMMISSION COVER SHEET 14 October 2002 ZC 02.05 Public Hearing to Consider the Request of Mr. Steve Dunnam for a Zoning Change from RA -Residential Agriculture to R1-Single Family (Generally Located West of 27 and North of Windmill Rd.) Mr. Steve Dunnam is representing Mr. Leonard Gafford in this case. Mr. Gafford owns the property which contains approximately 2.2 acres. Mr. Gafford intends to divide the property and give a portion to his daughter. The request is to change the zoning from RA which has a minimum lot size of 3 acres to R1 which has a minimum lot size of 15,000 sq. ft. The surrounding property is zoned R1 as well. The request is in conformance with the Comprehensive Plan. Planning Commission Action: The Planning Commission approved the request. Respectfully Submitted for Consideration, Christophejanning . Baker, AICP Director of and Building FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT Text Change to Zoning Ordinance Request for change of Zoning District (Applicant) Description and Map 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: --K—We Do (Do Not) recommend the proposed zoningtext changes expedient and necessary for the benefit of the City ges as wise, l� 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 A —(Do) (Do Not) Recommend that the City Council adopt an ordinance implementing the proposed changes as provided by law. Members Present Rev. 9/98 Voting Aye Voting Nay Abstain -Y X x Respectfully submitted: —Y Chairman GPANT'$ F E, SCEM raAYFER GAYFER R b: c_ FH LBL5 GASLjrpRAGEPE A� , FARMERS MARKS WSWJ ROYAL LN BP �+ S� COH ii�� ELEAuOo_ C" OYpQRYMV AVEN I EXT w f� y / ' �- O E.I U C iYY m FLFMIN6 R <\a¢ JA OB�c*TuA_� HASEK- WINDMILL RD ... .- $7�BRD0 4.o' ��� UC 411 .J KRHU� I SMHP QUAIL CR d'•L ^ M 'E-s HILL D �i. wl• CLUB HOUSE �■ g 5 to O CALUWAY JR ' Z� fEATH N 'y SAY 4EAD0v5 A'E _ 23 'a IR IL V c <'� CHUKKER CT -U �` 2 =s 0 H R Y OUAIL CREEK _ = GOLF COURSE (CRY OF FAIRHOPE L K W I' STATE OF ALABAMA) COUNTY OF BALDWIN) We, FAIRHOPE TITLE 6 SURVEY COMPANY, INC., a firm of registered engineers and land surveyors of Fairhope, Alabama (100 North Bancroft Street), hereby state that the above is a correct map or plat of the following described property situated in Baldwin County, Alabama, TO -WIT: Commence at the Southeast Corner of Section 15, Township 6 South, Range 2 East, St. Stephens Meridian, and run thence North 000 07' East, 428.22 feet; thence run West 40.0 feet to an iron pin marker on the West margin of Baldwin County Highway Number 27 for a POINT OF BEGINNING: Thence continue West 409.7 feet to an iron pin marker; thence run -North 000 15' East,'237.23 feet to an iron pin marker in an old fence; thence run East along and with an old fence, 409.13 feet to an iron pin marker; thence run South 00° 07' West, 237.22 feet to the Point of Beginning. Tract contains 2.22 acres, more or less, and lying in the Southeast Quarter of the Southeast Quarter of Section 15, Township 6 South, Range 2 East, Baldwin County, Alabama. (Description composed from office records and actual field survey.) We further state that the improvements presently situated oil said property are located wi'thin the boundaries thereof; that there are no encroachments on said property by building or fences situated on adjoining property; and that there are no rights -of -way, easements, nor joint driveways, over or across said property, VISIBLE ON THE SURFACE, EXCEPT AS HEREON NOTED. We hereby state that all parts of this survey and the attached plat )lave been completed in accordance with the Technical Standards for surveys in the State of Alabama, revised MAY 7, 2002. rv� '01 0... 1