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Home My WebLink AboutO-1283s CC Y W j� = U AaO l aV 1L 0 <r Z ` OF o ORDINANCE NO. 1283 AN ORDINANCE AMENDING ORDINANCE NO. 1253 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. 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: After 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 Fairhope Trailer Court, Inc., generally located on the East side of Greeno Road just North of Volanta Avenue, Fairhope, Alabama. Legal Description: (Case number ZC 05.22) COMMENCE AT A 2-INCH IRON PIPE MARKER AT THE "LOCALLY ACCEPTED" NORTHEAST CORNER OF GRANT SECTION 39, TOWNSHIP 6 SOUTH, RANGE 2 EAST, ST. STEPHENS MERIDIAN, AND RUN THENCE SOUTH, A DISTANCE OF 329.31 FEET FOR A POINT OF BEGINNING: THENCE CONTINUE SOUTH, A DISTANCE OF 699.45 FEET TO AN OLD 1-INCH OPEN END IRON PIPE MARKER; THENCE RUN WEST 83.03 FEET TO AN IRON PIN MARKER ON THE EAST MARGIN OF U.S. HIGHWAY NUMBER 98, A.K.A. GREENO ROAD; THENCE RUN NORTH 23 DEGREES 23 MINUTES 12 SECONDS WEST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 182.58 FEET TO AN IRON PIN MARKER; THENCE RUN NORTHWESTWARDLY, CONTINUING ALONG SAID RIGHT-OF-WAY, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3738.72 FEET, AN ARC LENGTH OF 471.53 FEET (CHORD BEARS NORTH 19 DEGREES 46 MINUTES 27 SECONDS WEST, 471.21 FEET) TO A 6-INCH X 6-INCH CONCRETE RIGHT-OF- WAY MONUMENT AT ALIGNMENT "A" STATION 122+16.02 (CL CONSTRUCTION STATION 122+20.97); THENCE RUN NORTH 16 DEGREES 10 MINUTES 21 SECONDS WEST, CONTINUING ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 92.19 FEET TO AN IRON PIN MARKER; THENCE RUN SOUTH 89 DEGREES 59 MINUTES 00 SECONDS EAST, 340.6 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 3.57 ACRES, MORE OR LESS, AND LIES IN THE NORTH 1/3 OF GRANT SECTION 39, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. A map of the property to be rezoned is attached as Exhibit A The classification of said property is hereby changed from R-1 Low Density Single Family (Non - Conforming) to R-4 Low -Density Multi -Family. 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 sough 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 approve by the Building Official of the City of Fairhope and that any structure be erected only in compliance with such laws, including the requirements of Ordinance No. 1253. 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 121h DAY OF December 2005 6 � / Ti thy Kant, Mayor ATTEST- Geniece W. Johnson, Ci a reasurer 500Z Z£:EO:tl ZZ 6ny uow 6Mp'U:)aaIS 6utuoza8\6utuoza8\85Z050\:d BY: FAIRI-IOPE PLANNING COMN'IISSION FINAL REPORT OF ZONING AMVNI)NIENT Text Change to Zoning Ordinance Request for change of Zoning District (Applicant) Desci iption and :W.,q) is .ittached The Commission has held a public hearing on this matter prior to this final report and wishes to report to the Pairhope 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 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 (D�) (Do Not) Recommend -that the City Council adopt an ordinance 'implementing the proposed changes as provided by law. Members Present a Voting Aye Voting i\Tay Abstain Respectful) submitted: hairman ------ -- ---- V Oct 26 05 1O:57a Engineering Dev Services 251 626-625- p.2 joaaat eezl� DESCRIPTION T'U A(;(;UMPANX REZONING SKETCH: TAKEN FROM SURVEY DATED MARCH 16`h. 2005 PROJECT NO 050258 TO WIT: COMMENCE AT A 2-INCH IRON PIPE MARKER AT THE; "LOCALLY ACCEPTED" NORTHEAST CORNER OF GRANT SECTION 39, TOWNSHIP 6 SOUTH, RANGE 2 EAST, ST. STEPHENS MERIDIAN, AND RUN THENCE SOUTH, A DISTANCE OF 329.31 FEET FOR A POINT OF BEGINNING: THENCE CONTINUE SOUTH, A DISTANCE OF 699.45 FEET TO AN OLD 1- INCH OPEN END IRON PIPE MARKER; 'THENCE RUN WEST 83.03 FEET TO AN IRON PIN MARKS, R ON THE EAST MARGIN OF U.S. HIGHWAY NUMBER 98, A/Is/A GREENO ROAD; THENCE RUN NORTH 23 DEGREES 23 MINUTES 12 SECONDS WEST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 182.58 FEET TO AN IRON PIN MARKER; THENCE RUN NOR'TNWFSTWARDLV, CONTINUING ALONG SAID RIGHT-OF-WAY, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3738.72 FEET, AN ARC LENGTH OF 471.53 FEET (CHORD BEARS NORTH 19 DEGREES 46 MINUTES 27 SECONDS WEST, 471.21 FEET) TO A 6-INC14 X 6-INCH CONCRETE RIGHT-OF-WAY MONUMENT AT CENTERLINE STATION 122.1-16; THENCE RUN NORTH 16 DEGREES 10 MINUTES 21 SECONDS WEST, CONTINUING ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 92.19 FEET TO AN IRON PIN MARKER; THENCE RUN SOUTH 89 DEGREES 59 MINUTES 00 SECONDS EAST, 340.6 FEET TO THE POINT OF BEGINNING:. TRACT CONTAINS 3.57 ACRES, MORE OR LESS, AND LIES IN THE NORTH 1/3 OF GRANT SECTION 39, TOWNSHIP 6 SOUTH, RANGE 2 E+'AST, BALDWIN COUNTY, ALABAMA. (DE SC TION COMPOSED FROM AN ACTUAL FIELD SURVEY AND IV 41r7e 05 GINEE N ' DEVELOPMENT SERVICES, L. ;.,.��Elvs •?;9 '�'�; C. Michael Arnold AL. P.L.S. No. 12940 �' F�''•. • PROFESSIONAL. LAND AEL1111440"*Da , \\�T1C1'1)\/LDIDD/lTT7!"1`Mrlcn�co�r�r.nnnr»�•r�w� �• ., . ,��`J �'. i ss n SURVEYOR'S CERTUICATE: ' :N STATE OF ALABAMA } U) COUNTY OF BALDNAN O n WE, ENGINEERING DEVELOPMENT SERVICES, LLC, A FIRM OF LICENSED •` u ENGINEERS AND LAND SURVEYORS OF DAPHNE, ALABAMA, HEREBY STATE �xo • THAT THE ABOVE IS A CORRECT MAP OR PLAT OF THE FOLLOWING _ DESCRIBED PROPERTY SITUATED IN BALDWIN COUNTY, ALABAMA, TO -WIT: Of "START AT THE NORTHEAST CORNER OF SECTION 39. TOWNSHIP 6 SOUTH, a RANGE 2 EAST, AND RUN THENCE SOUTH ALONG THE EASTERN C3 BOUNDARY OF SAID SECTION 330.5 FEET FOR A POINT OF BEGINNING: W THENCE RUN SOUTH ALONG SAID SECTION LINE 700 FEET; THENCE RUN C, ► \, WEST AND AT RIGHT -ANGLES TO SAID SECTION LINE 169.5 FEET TO A POINT ON THE EASTERN MARGIN OF GREENO ROAD; THENCE RUN " NORTHWESTWARDLY ALONG THE EASTERN MARGIN OF SAID ROAD TO A POINT SITUATED NORTH 19'-56' WEST 744.7 FEET FROM THE LAST CORNER; THENCE RUN EAST ALONG A LINE PERPENDICULAR TO SAID SECTION LINE 423 FEET TO THE POINT OF BEGINNING. LOT CONTAINS 4.76 ACRES, MORE OR LESS AND LIES IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION 39, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. `a, LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: y COMMENCING AT THE NORTHEAST CORNER OF GRANT SECTION 39, T-6-S, R-2-E; THENCE WESTERLY ALONG THE NORTH LINE OF SAID GRANT iE't 1 SECTION 39, A DISTANCE OF 519 FEET, MORE OR LESS, TO THE PRESENT ! NORTHEAST RIGHT-OF-WAY LINE OF GREENO ROAD; THENCE RUN SOUTHEASTERLY ALONG SAID PRESENT NORTHEAST RIGHT-OF-WAY LINE, A DISTANCE OF 340 FEET, MORE OR LESS, TO THE NORTH LINE OF THE / PROPERTY HEREIN TO BE CONDEMNED AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG SAID PRESENT NORTHEAST 00 RIGHT-OF-WAY LINE A DISTANCE OF 748 FEET, MORE OR LESS, TO THE �b SOUTH PROPERTY LINE, THENCE EASTERLY ALONG SAID SOUTH PROPERTY LINE, A DISTANCE OF 84 FEET, MORE OR LESS, TO A POINT THAT IS 100 i FEET NORTHEASTERLY OF AND AT RIGHT ANGLES TO THE CENTERLINE OF CONSTRUCTION OF PROJECT NO. DE-0019 (802); THENCE N 23' 29' 52" =O W PARALLEL WITH THE CENTERLINE OF CONSTRUCTION OF SAID PROJECT j' N A DISTANCE OF 180 FEET, MORE OR LESS, TO A POINT THAT IS '100 FEET NORTHEASTERLY OF AND AT RIGHT ANGLES TO SAID CENTERLINE OF CONSTRUCTION AT STATION 127+05.11; THENCE NORTHWESTERLY ALONG A ti m = p CURVE TO THE RIGHT (CONCAVE NORTHEASTERLY) HAVING A RADIUS OF 3738.72 FEET, PARALLEL WITH THE CENTERLINE OF CONSTRUCTION A DISTANCE OF 469 FEET, MORE OR LESS, TO A POINT THAT IS 100 FEET, NORTHEASTERLY OF AND AT RIGHT ANGLES TO THE CENTERLINE OF V CONSTRUCTION OF SAID PROJECT, AT STATION 122+20.97; THENCE RUN N v 16' 16' 18" W, PARALLEL WITH SAID CENTERLINE OF CONSTRUCTION, A � DISTANCE OF 95 FEET, MORE OR LESS, TO THE NORTH PROPERTY LINE; Q THENCE WESTERLY ALONG SAID NORTH PROPERTY LINE, A DISTANCE OF ❑HPL 82 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SAID STRIP OF LAND LYING IN GRANT SECTION 39 AND CONTAINING 1.33 ACRES, MORE \� OR LESS." (DESCRIPTION COPIED FROM REAL PROPERTY BOOK 0509, AT PAGE 0549-ET SEQ., PROBATE RECORDS, BALDWIN COUNTY, ALABAMA). BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: AT A 2-INCH IRON PIPE MARKER AT THE "LOCALLY .COMMENCE ACCEPTED" NORTHEAST CORNER OF GRANT SECTION ; 39, TOWNSHIP 6 . ' SOUTH, RANGE 2 EAST, ST.. STEPHENS MERIDIAN, AND RUN THENCE SOUTH, A DISTANCE OF 329.31 FEET FOR A POINT OF BEGINNING: 'N THENCE CONTINUE SOUTH, A DISTANCE OF, 699.45 FEET TO AN OLD ' 1-INCH OPEN END IRON PIPE MARKER; THENCE RUNWEST 83.03 FEET TO L0 AN' IRON PIN MARKER ON THE EAST MARGIN OF 'U.S. HIGHWAY NUMBER d 98, A/K/A ,GREENQ ROAD; THENCE RUN NORTH 23 DEGREES 23 MINUTES rn tL 12 SECONDS WEST, ALONG SAID RIGHT-OF-WAY, A DISTANCE.;OF 182.58 f .FEET TO AN IRON PIN MARKER; THENCE RUN NORTHWESTWARDLY, ' CONTINUING. ALONG SAID RIGHT-OF-WAY, ALONG A CURVE TO THE RIGHT, P m HAVING ' A RADIUS OF 3738.72 FEET,. AN ARC LENGTH OF 471.53 FEET (CHORD- BEARS -NORTH 19 DEGREES 46 MINUTES 27,SECONDS WEST, O 471.21 FEET)- TO A 6-INCH X 6-INCH CONCRETE RIGHT-OF-WAY N "A" -` MONUMENT AT ALIGNMENT STATION 122+16.0Z (CL CONSTRUCTION STATION 122+20.97); THENCE RUN NORTH 16 DEGREES 10 MINUTES 21 =' O SECONDS WEST, CONTINUING ALONG SAID RIGHT-OF-WAY, A DISTANCE OF — 92.19 FEET TO AN IRON PIN MARKER; THENCE RUN SOUTH 89 DEGREES 7 °59 MINUTES 00 SECONDS EAST, 340.6 FEET TO THE POINT, OF BEGINNING. TRACT CONTAINS 3.57 ACRES, MORE OR LESS, AND LIES IN THE NORTH xx 1/3 OF GRANT.SECTION 39. TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN- COUNTY, ALABAMA. (DESCRIPTION COMPOSED FROM AN ACTUAL FIELD SURVEY AND PROBATE RECORDS). w v Q� Li WE FURTHER STATE THAT THE IMPROVEMENTS PRESENTLY SITUATED ON OZ SAID PROPERTY ARE LOCATED WITHIN THE BOUNDARIES THEREOF; THAT 5 THERE ARE NO ENCROACHMENTS ON SAID PROPERTY BY BUILDING OR a FENCES SITUATED ON ADJOINING PROPERTY; AND THAT THERE ARE NO RIGHTS -OF -WAY, EASEMENTS, NOR JOINT DRIVEWAYS, OVER OR ACROSS a SAID PROPERTY, VISIBLE ON THE SURFACE, EXCEPT AS HEREON NOTED. MX WE FURTHER STATE THIS SURVEY HAS BEEN COMPLETED IN ACCORDANCE WITH THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR p SURVEYING IN THE STATE OF ALABAMA, EFFECTIVE MAY 7, 2002. ❑HPL ENGINEERING DEVELOPMENT SERVICES, L.L.C. C. Michael Amold AL. P.L.S. No. 12940 SURVEY NOT VALID WITHOUT ORIGINAL SIGNATURE AND EMBOSSED SEAL.