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Home My WebLink AboutO-1262ORDINANCE NO: 1262 AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE CONCURRENT WITH ANNEXATION .^ CL AA u �fan tl �r FU � � ,H o � wiN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, 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 Estate of Hattie Horne, Ruby Horne, Executor, located at 7752 Parker Road and 7766 Parker Road, Fairhope, Alabama. TAX PARCEL 46-03-08-0-000-002.000 Legal Description: (Case Number ZC 05.13) Commence at an iron pipe marker purported to mark the Southeast corner of fractional Section 5, Township 6 South, Range 2 East, Baldwin County, Alabama; run thence North 89-59-03 West, 876.39 feet to a capped rebar marker; continue thence North 89-59-03 West, 168.05 feet to a rebar marker; run thence South 00-06-15 West, 40.00 feet to a capped rebar marker for the Point of Beginning of the property herein described; continue thence South 00-06-15 West, 289.74 feet to an iron pipe marker; run thence North 89-55-44 West, 275.50 feet to an iron pipe marker; continue thence North 89-55-44 West, 384.65 feet, for a total distance on this bearing of 660.15 feet, to an iron pipe marker; run thence North 00-0046 East, 289.43 feet to an iron pipe marker on the south right-of-way line of Parker Road, (right-of- way width varies); run thence South 89-57-23 East, 660.61 feet to the Point of Beginning; containing 4.390 acres, more or less. The property is hereby -zoned B-2 General Business District concurrent with annexation into the City of Fairhope. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 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. 1253. 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 BY THE CITY COUNCIL THIS 8th Day of August 2005. Attest: (N •i Geniece W. Johnson, Clerk / Treasurer Vy Ic 4 kc0s:__ 3Tim)hy M. Kant, ayor CITY OF FAIRHOPE P. 0. DWR 429 FAIRHOPE, AL 36533 CITY OF FAIRHOPE CONDITIONAL PETITION FOR ANNEXATION FORM STATE OF ALABAMA )( COUNTY OF BALDWIN )( AAR.HOPE R R 429 FAIRHOPF, AL 36M We, the undersigned PETITIONER(S), owner(s) of the lands in fee simple described in the attached EXHIBIT A, such property being without the Corporate Limits of the City of Fairhope, Alabama, but being contiguous to the said Corporate Limits; and such property not lying within the corporate limits or police jurisdiction of any other municipality, do, by these presents, hereby petition the City of Fairhope, a municipal corporation, that said property be annexed into the City of Fairhope, Alabama. The subject land is delineated on the map attached hereto as EXHIBIT B. This petition is filed under authority of Section 11-42-21, Code of Alabama, 1975, as amended. THE CONDITION OF THE PETITION IS THAT ZONING BE ESTABLISHED AS B-2 CONCURRENT WITH ANNEXATION. IN WITNESS WHEREOF, the PETITIONERS) have caused these presents to be executed this 18th day of MAY , 200 5 . AA- 6� by Nd ��►� , 5 �X� �r-�,r Signature V etitioner Print petitioner's name Signature of petitioner Print petitioner's name Physical Address of property being annexed: 7752 PARKER RD & 7766 PARKER RD FAIRHOPE, AL 36532 Petitioner's Current Physical Address: 500 JACKSON ST LAKEFOREST APT 905 DAPHNE, AL 36526 Telephone Number(s): 251-626-6977 Petitioner's Current Mailing Address: 500 JACKSON ST LAKEFOREST APT 905 DAPHNE, AL 36526 Home Work County Tax Parcel Number: 46-03-08-0-000-002.000 U.S. JUSTICE DEPARTMENT INFORMATION ❑ Size of property (acres or square feet) 4.39 ACRES ❑ If property is occupied, give number of housing units. 2 HOUSE TRAILERS (RENTED) ❑ Number of Persons residing in each unit, and their race2 IN EACH TRAILER AFRICAN AMERICAN ❑ If property is unoccupied, give proposed use ❑ If this is a development - Complete Proposed Development Form. A COPY OF THE LEGAL DESCRIPTION, AND A MAP OF THE PROPERTY MUST BE SUBMITTED WITH PETITION STATE OF ALABAMA COUNTY OF BALDWIN )( I, Jm,,% e-S F— • S em 14 a Notary Public in and for said State and County, hereby certify that the above PETITIONER(s) whose names) is/are signed to the forgoing Petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal this � day of - U 1 A , 200 �• .MES E S ' (Seal) 1a . ••T �Ij�y . This instrument prepared by: C Office of the City Clerk, City of Fairhope Notg ry Public — - i P. O. Drawer 429, Fairhope, AL 36533 (251) 928-2136 My olssion expires 3 10/2001mlriUBL1.= ' �' . ' ••....G ... Q Instruwnt 921887 Page 2of 3,,,,,97-.4TE CITY OF FAIRHOPE PETITION FOR ANNEXATION Ruby Home: 46-03-08-"00-002.000 n To the North, South, East and West of SITE is city zoned property. .: /�\1 The proposed SITE is contiguous to the adjacent property. o/ `0 CITY OF FAIRAPE P.O. DWR FAIRHOPE, AL 3=1 Instrument 921887 Pile 3of 3 iof ki H v FAMIJOPE PLANNrNC COMN(rsSfON FINAL REPORT OF ZONING AN1 f'.\D,'%1FN`F Text Change to Zoning Ordinance Request for chance ofZonino District - �2 SS By A L4 AA&-�� (Applicant Desci-il)tion 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: N We (D� (Do Not) recommend the proposed zoning text changes as wise, expedient and necessary for the benefit of the City 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 (Do) (Do Not) Recommend that the City Council adopt an ordinance implementing the proposed changes as provided by Iaw. Members Present Voting Ave Voting I�Ta Abstain Respectfully submitted: ./Chau-�T�an M CITY OF FAIRHOPE PLANNING AND ZONING COMMISSION COVER SHEET 5 July 2005 ZC 05.13 Public Hearing to Consider the Request of Ms. Ruby Horne for a Zoning Change to 132-General Business Contingent on Annexation at 7752 and 7766 Parker Rd. (Generally Located South of Parker Rd. East of US 98) Ms. Horne is the executor of an estate that owns this 4.39 acre parcel. The parcel of property is located outside of the City'and is zoned single family by the County. The property to the North that is in the City is owned by Mr. Barnhill (the old trailer park) that is in the process of redevelopment. A portion of the property to the North is also located in the County and is zoned single family. The . . . property to the East, South, and West is in the City and is zoned 132- General Business. Staff has had several calls inquiring into the application but no letters. The issues associated with this development proposal are as follows: Comprehensive Plan: Although the plan does not directly address this request it would be bringing a County zoned single family property and making it B2, which is what the surrounding property is. This reduces incompatibility at this location. Affect of Annexation and Zoning: There is no affect as to the 50 acre parcel of property that is zoned B2 that surrounds the Horne property. 50 acres can be developed today as commercial with or without the Home property. Annexing it into the City means that if, or when the 50 acres is developed the City can influence a slightly larger and certainly more effective site plan that would not have single family incompatibility. The property also would be subject to our more restrictive commercial requirements than if it is rezoned by the County to B2. STAFF RECOMMEDATION: To approve as requested. Respectfully Supmitted for Consideration, Christopher q. Baker, AICP Director of P! nning and Building N 89' 55' 440 W 660.15' BOUNDARY DESCRIPRQW, 4.39 ACRES IN GRANT SECTION B. TOWNSHIP 6 SOUTH, RANGE 2 EAST STATE OF ALABAMA COUNTY OF BALDWIN COMMENCE AT AN IRON PIPE MARKER CORNER OF FRACTIONAL SECTON5. TOWNSHIP6 AST SOUTH. RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; RUN THENCE NORTH 89-59-03 WEST, 876.39 FEET 168.05� ET TO A REBARA CAPPED R MARKER: RUNNTINUE THENCE TH THENCE SOUTHNORTH 00-06891559-03 WEST, WEST, 40.00 FEET TO A CAPPED REBAR MARKER FOR THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; CONTINUE THENCE SOUTH 00-06-15 WEST, 289.74 FEET To AN IRON PIPE MARKER; RUN THENCE NORTH 89-55-44 275.50 FEET TO AN IRON PIPE MARKER; CONTINUE THENCE NORTH 89-55W4T� 4 OF EARING FEET, TO AN IRONTR PIPE ARKER;LRUNTTHEN ANCE ENN RITHB00-00-46 EAST,S 289.43 FEET TO AN IRON PIPE MARKER ON THE SOUTH RIGHT-OF-WAY LINE OF PARKER AST, 660.61RIFEET TWIDTH O THE 0 NOF BEES); RUN THENCE GINNING; SOUTH EG NN NG; CONTAINNG 57 23E390 ACRES, MORE OR LESS. GARSED LAND `. 21422 STATE HWY. NO P.O. BOX 1263 FAIRHOPE, AL 36533 (251) 928-6667 CITY OF FAIRHOPE PETITION FOR ANNEXATION Ruby Home: 46-03-08-0-000-002.000 To the North, South, East and West of SITE is city zoned property. The proposed SITE is contiguous to the adjacent property. N cc*w 612M D.Vo" �ryqp.qA�}ML 1Mr ...1fY Orb MO! Yg1W LM�l,r'M�L ,�MM� .va min uaan, ana mw �aa�v�[ u00�i'a�r .nn°�io °riic,e91pem�mivu.n av�. i� Mmwrn�s m.M: a m,MM ,Moues .,sums nam x�>Mm xaa .rnwos Mo Mrc ..o rcn >w, .mwra Mn aaMM, var scwi �•=goo' /177 04— ge, Lo ' CARSED LAND "VEY PLAT OF BOUNDARY SURVEY am � V ociosx a aaa oc,au >. you nry srra MWf. xa ,et .cur, AR7NlAR CORTEP.G4- . • •� ..� Krn A TOMW 3 SMrTK MMR 3 tat