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Home My WebLink AboutO-1305ORDINANCE NO. 1305 ca N a o 4 scu SIC M A O •4i NF Pti CU 8 'd f.3 f d •A AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE CONCURRENT WITH ANNEXATION 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 Montrose Properties Inc., generally located South of Windmill Road and West of Thompson Hall Road, Fairhope, Alabama. TAX PARCEL 05-46-05-22-0-000-001.674 and 05-46-05-22-0-000-001.687 W Legal Description: (Case number ZC 06.08) �. COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 2 EAST; RUN THENCE SOUTH 663.67 FEET TO A RAILROAD SPIKE; THENCE RUN SOUTH 890-54'-30" WEST, 657.21 FEET TO A CAPPED STEEL ROD FOR THE POINT OF BEGINNING; THENCE RUN SOUTH 1012.77 FEET TO A CAPPED STEEL ROD; THENCE RUN 890-54'-30" WEST, 516.50 FEET TO A CAPPED STEEL ROD; THENCE RUN NORTH 1012.77 FEET TO A CAPPED STEEL ROD; THENCE RUN NORTH 890-54'-30" EAST, 516.50 FEET TO THE POINT OF BEGINNING, CONTAINING 12.0 ACRES MORE OR LESS. AND COMMENCING AT THE NORTHWEST CORNER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; RUN THENCE SOUTH 000-09'-15" WEST, 665.70 FEET TO A POINT; THENCE RUN NORTH 890-54'-30" EAST, 31.25 FEET TO A %" DIAMETER CAPPED STEEL ROD ON THE EAST RIGHT-OF-WAY LINE OF BALDWIN COUNTY HIGHWAY NUMBER 13,(60 FOOT RIGHT-OF-WAY, RECORD PAVED); THENCE CONTINUE NORTH 890-54'-30" EAST, 897.43 FEET TO A CAPPED STEEL ROD (M&W) FOR THE POINT OF BEGINNING; THENCE CONTINUE NORTH 890-54'-30" EAST, 526.69 FEET TO A CAPPED STEEL ROD (M&W); THENCE RUN SOUTH, 700.00 FEET TO A POINT; THENCE RUN SOUTH 890-54'-30" WEST, 849.92 FEET TO A POINT; THENCE RUN NORTH 000-05'-14" WEST, 560.00 FEET TO A POINT; THENCE RUN NORTH 890-54'-30" EAST, 324.29 FEET TO A CAPPED STEEL ROD; (M&W); THENCE RUN NORTH 000-05'-14" WEST, 140.00 FEET TO THE POINT OF BEGINNING; CONTAINING 12.62 ACRES, MORE OR LESS. A map of the property to be zoned is attached as Exhibit A MAIL TO: City of Fairhope PO Drawer 429 Fnirhnnin^:!_ 3653: Ordinance No. 1305 Page —2- The property is hereby initially zoned to R-2 Medium Density Single Family Residential 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 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 and approved this loth day of July , 2006. MAIL TO: City of Fairhope PO Drawer 429 Fairhooe, AL 365321 � r I rI vM LO 0-N co L tt —i l- w a O0r- U O� CITY OF FAIRHOPE CONDITIONAL PETITION FOR ANNEXATION FORM STATE OF ALABAMA )( COUNTY OF BALDWIN )( 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 9- Zr CONCURRENT WITH ANNEXATION. 40- IN WITNESS WHEREOF, the PETITIONER(S) have caused these presents to be executed this Z ay of Ge-L L , 200&. Y' r �5 5 gignaturl of petitioner Print petition 's name Is is pro t of ny property yes no Signature of petitioner �� P Print petitioner's name Physical Address of property being annexed: Petitioner's Current Physical Address: Petitioner's Current Mailing Address: Ala, 1,4L �Xo53� Telephone Number(s): Home Work County Tax Parcel Number: qG 0S ZG' r-0062.- 00f , &g7 46 -05 - j , p -GCS-}—,col, &-7 U.S. JUSTICE DEPARTMENT INFORMATION ❑ Size of property (acres or square feet) ;,?,+ ❑ If property is occupied, give number of housing units. �lJ OGGc�iOif�.� ❑ Number of Persons residing in each unit, and their race ❑ If property is unoccupied, give proposed use -,�"6 - aw--slom ❑ 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, .Cy E 0E5-(— a Notary Public in and for said State and County, hereby certify that the above PETITIONER(s) whose name(s) 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 , 200 (Seal) This instrument prepared by: Office of the City Clerk, City of Fairhope P. 0. Drawer 429, Fairhope, AL 36533 (251) 928-2136 10/2001 Notary My commission expires - CITY OF FAIRHOPE PETITION FOR ANNEXATION Montrose Properties, Inc. N Parcel No.: 46-05-22-0-000-001.674 and 46-05-22-0-000-001.687 together equal - 24.62 Acres +/- W E To the North and Northeast of Site is zoned RA and R6. 10 COF GIs The proposed Site is contiguous to the adjacent property. wSL City of Falrhope S 5r0e Df% ilirrnunr A 100 D. Powell AL 3653-t lb FA TIZHOPE FLANNfNG CONOUSSfON RNAL REPORT or ZONING , NIENi).MENT Text Change to Zoning Ordinance Request for Zonin<o et gpS6-ry By AJJ (Appkint)& -,QILc Description and lMap is attached The Conulussion has held a public hearing on this matter prior to this final report and wishes to report to the F'airhope 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 intere is of the City as a whole, and (Do) (Do Not) Recommend that the City Council adopt an ordinance i plementing the proposed changes as provided by law. Members Present Voting Aye Voting Nay Abstain _X— X Respectfully submitted: Chairman CITY OF FAIRHOPE PLANNING AND ZONING COMMISSION COVER SHEET June 5, 2006 ZC 06-08 Public Hearing to Consider the Request of Cliff Pitman to zone property generally located south of Windmill Road and west of Thompson Hall Road to R-2 Medium Density Single Family Residential concurrent with annexation into the City of Fairhope. STAFF INTERPRETATION: The property is currently located in unzoned Baldwin County. It is actually 2 parcels of land. The owner wishes to annex both parcels into the City and with that annexation, be rezoned to R-2 Medium Density Single Family Residential. The future plan for the property is a single family subdivision. The issues associated with this request are as follows: Comprehensive Plan: This request is not contrary to the Comprehensive Plan. Adjacent Zoning: Property to the north is R-A and R-6. A portion of property to the east is R-1; and the rest is unzoned County. All property to the west and south is unzoned Baldwin County. STAFF RECOMMENDATION: To approve as requested. Respectfully Submitted for Consideration, Summer Woodson Planner STATE OF ALABAMA COUNTY OF BALDWIN I, RAY B. MOORE, A REGISTERED LAND SURVEYOR IN THE STATE OF ALABAMA, HEREBY CERTIFY THAT THE FOLLOWING IS A TRUE AND CORRECT PLAT OF THE FOLLOWING PROPERTY, TO -WIT: COMMENCING AT THE NORTHWEST CORNER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; RUN THENCE SOUTH 00'-09'-15" WEST, 665.70 FEET TO A POINT; THENCE RUN NORTH 89'-54'-30" EAST, 31.25 FEET TO A l/�" DIAMETER CAPPED STEEL ROD ON THE EAST RIGHT-OF-WAY LINE OF BALDWIN COUNTY HIGHWAY NUMBER 13, (60 FOOT RIGHT-OF-WAY, RECORD, PAVED); THENCE CONTINUE NORTH 89'-54'-30" EAST, 897.43 FEET TO A CAPPED STEEL ROD(M&W) FOR THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'54'30" EAST, 526.69 FEET TO A CAPPED STEEL ROD (M&W); THENCE RUN SOUTH, 700.00 FEET TO A POINT; THENCE RUN SOUTH 89'54'30" WEST, 849.92 FEET TO A POINT; THENCE RUN NORTH 00'05'14" WEST, 560.00 FEET TO A POINT; THENCE RUN NORTH 89'54'30" EAST, 324.29 FEET TO A CAPPED STEEL ROD ; (M&W); THENCE RUN NORTH 00'05'14" WEST, 140.00 FEET TO THE POINT OF BEGINNING; CONTAINING 12.62 ACRES, MORE OR LESS. I FURTHER CERTIFY THAT 'ALL PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN ACCORDANCE WITH THE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS FOR THE PRACTICE OF LAND SURVEYING IN THE STATE OF ALABAMA, AND THAT THE BUILDING NOW ERECTED ON SAID PROPERTY ARE WITHIN THE BOUNDARIES OF SAME; THERE ARE NO ENCROACHMENTS BY ADJOINING PROPERTY, EXCEPT AS SHOWN; THERE ARE NO RIGHT-OF-WAY, EASEMENTS OR JOINT DRIVEWAYS OVER OR ACROSS SAID LAND VISIBLE ON THE SURFACE, EXCEPT AS SHOWN; THERE ARE NO ELECTRIC OR TELEPHONE WIRES (EXCL 4G WIRES WHICH SERVE THE PREMISES ONLY) OR STRUCTURES OR SUPPOR ERE RE INCLUDING POLES, ANCHORS AND GUY WIRES ON OR OVER SAID S, E PREMI XCEPT S SHOWN: ACCO RDING TO MY URVE' RAY Fm.o6R ALA. N1'5712 THIS, THE 18TH DAY OF APRIL, 2000. 1290 MAIN STREET, POST OFFICE DRAWE 36526 REVISION DATE I ENGR. Go M M e-t1 C.I N Cr E Ic IND MILI. RoAt> RtloNi- n F vt/PY - (7s�vco) STATE OF ALABAMA COUNTY OF BALDWIN I, RICHARD J. WILLIAMS, A REGISTERED LAND SURVEYOR IN THE STATE OF ALABAMA, HEREBY CERTIFY THAT THE FOLLOWING IS A TRUE AND CORRECT PLAT OF THE FOLLOWING S eI Kv-- PROPERTY, TO -WIT: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 2 EAST; RUN • THENCE SOUTH 663.67 FEET TO A RAILROAD SPIKE; THENCE RUN SOUTH 89°-54'-30" WEST, 657.21 FEET TO A CAPPED STEEL ROD FOR THE POINT OF BEGINNING; THENCE RUN SOUTH 1012.77 FEET TO A CAPPED STEEL ROD; THENCE RUN 890-54'-30" WEST, 516.50 FEET TO A CAPPED STEEL ROD; THENCE RUN NORTH 1012.77 FEET TO A CAPPED STEEL ROD; THENCE RUN NORTH, 890-54'-30' EAST, 516.50 FEET TO THE POINT OF BEGINNING, CONTAINING 12.0 ACRES MORE OR LESS. I FURTHER CERTIFY THAT ALL PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN ACCORDANCE WITH THE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS FOR THE PRACTICE OF LAND SURVEYING IN THE STATE OF ALABAMA. THERE ARE NO ENCROACHMENTS BY ADJOINING PROPERTY, EXCEPT AS SHOWN; THERE ARE NO RIGHT-OF-WAYS, EASEMENTS OR JOINT DRIVEWAYS OVER OR ACROSS SAID LAND VISIBLE ON THE SURFACE, EXCEPT AS SHOWN; THERE ARE NO ELECTRIC OR TELEPHONE WIRES (EXCLUDING WIRES WHICH SERVE THE PREMISES ONLY) OR STRUCTURES OR SUPPORTS THEREFORE INCLUDING POLES, ANCHORS AND GUY WIRES ON OR OVER SAID PREMISES, EXCEPT AS SHOWN: ACCORCJING TO M4URVEY THIS, THE 28T" DAY OF AUGUST, 1997. I. WILLIAMS, P NO. 10675 GAYM RD Va. m f7 • ioLEww Blw FAlRHOPE AVE. ROYAL LN PECAN TRACE CON x AVE. S DR RD BROOK PL - LEA ma c No. 10675 LAND • �=!tl£ttf�fltt� LvaGEiAn Cp = D�AIMETe� Q�PftO� = � t�i'FZoX l MA"C E CITY OF FAIRHOPE PETITION FOR ANNEXATION Montrose Properties, Inc. N Parcel No.: 46-05-22-0-000-001.674 and 46-05-22-0-000-001.687 together equal - 24.62 Acres +/- W E To the North and Northeast of Site is zoned RA and R6. COF GIs The proposed Site is contiguous to the adjacent property. S 5/06 D. Powell