HomeMy WebLinkAboutO-1306ORDINANCE NO. 1306
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 not forwarded a favorable recommendation,
The property of Montrose Properties, Inc., generally located South of Morphy Avenue
and West of Thompson Hall Road, Fairhope, Alabama.
TAX PARCEL 05-46-05-22-0-000-001.602 and 05-46-05-15-0-000-003.554
Legal Description: (Case number ZC 06.09)
FROM THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 15, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY,
ALABAMA; RUN S 00' 03' 22" E, A DISTANCE OF 350 FEET TO THE POINT OF BEGINNING;
THENCE RUN N 890 55' 56" E, A DISTANCE OF 264 FEET; THENCE RUN N 00" 03' 24" W, A
DISTANCE OF 320 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF MORPHY AVENUE;
THENCE RUN N 890 55' 56" E ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF
337.76 FEET; THENCE RUN S 000 00' 55" E, A DISTANCE OF 289.88 FEET; THENCE RUN S 040
14' 38" E, A DISTANCE OF 189.72 FEET; THENCE RUN S 200 59' 11" E, A DISTANCE OF 400.32
FEET; THENCE RUN S 070 09' 07" E, A DISTANCE OF 378.63 FEET; THENCE RUN S 300 15' 20"
E, A DISTANCE OF 76.74 FEET; THENCE RUN N 890 59' 40" E, A DISTANCE OF 437.96 FEET
TO THE WES RIGHT-OF-WAY LINE OF THOMPSON-HALL ROAD; THENCE RUN S 00° 00' 44"
W ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 33 FEET; THENCE RUN S 89'
59' 40" W, A DISTANCE OF 35 FEET; THENCE RUN S 000 00' 44" W, A DISTANCE OF 42 FEET;
THENCE RUN N 890 59' 40" E, A DISTANCE 35 FEET TO THE SAID RIGHT-OF-WAY LINE;
THENCE RUN S 000 00' 44" W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 587.9
FEET; THENCE RUN S 890 56' 12" W, A DISTANCE OF 1281.06 FEET; THENCE RUN N 00' 02'
50" W, A DISTANCE OF 664.22 FEET; THENCE RUN N 000 03' 22" W, A DISTANCE OF 973.91
FEET; TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 38.0770 ACRES
MORE OR LESS, AND LIES IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 15, AND IN THE NORTEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 22, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA.
SUBJECT TO A RESERVATION OF A FUTURE PROPOSED 66-FOOT ROAD RIGHT-OF-WAY
BEING 33 FEET WIDE ON EITHER SIDE OF THE SECTION LINE BETWEEN SECTIONS 15 AND
22, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA.
A map of the property to be zoned is attached as Exhibit A
Ordinance No. 1306
Page —2-
The property is hereby rezoned from R-6 Manufactured Home District to R-2
Medium Density Single Family Residential District. Subject to ISO being worked
out and drainage for eight (8) lots be included in overall land plan. 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 1 Oth day of July , 2006.
09a
FAIRIJOPE PLANNrNC COMNISSTON
FINAL REPORT OF ZONIiNG -A-M : ()-NiF.NT
Text Change to Zoning Ordinance
Request for change of Zoning District Z
By: 5 A "%
-
(Ap i ant) 10 r
OAf�-tr
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 rairhope City Council as follows:
w I ` 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 (Qs (Is Not) in conformity
with the comprehensive plan and in the best interests of the City as a whole, and
4_�Do' (Do Not) Recommend that the City Council adopt an ordinance
implementing the proposed changes as provided by law.
I Members Present
6
Voting Aye Voting Nay Abstain
Respectfully submitted.
Chairman
CITY OF FAIRHOPE
PLANNING AND ZONING COMMISSION COVER SHEET
June 5, 2006
ZC 06-09 Public Hearing to Consider the Request of Cliff Pitman to rezone
property generally located south of Morphy Avenue and west of
Thompson Hall Road from R-6 Manufactured Home District to R-2
Medium Density Single Family Residential.
STAFF INTERPRETATION:
The property is currently located in the City of Fairhope and is zoned R-6
Manufactured Home District. The applicant wishes to rezone the property to R-2
in order to construct 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 zoned RA. Property to the east is R-2
and R-A. Zoning to the south is unzoned County and RA. Property to the west is
R-6, RA, and R-1.
STAFF RECOMMENDATION:
To approve as requested.
Respectfully Submitted for Consideration,
Summer Woodson
Planner
Rx Date/Time JUL-06-2006(THU) 09:55 12519902879
JUL-6-2006 09: 35 FROM:r `E BUILD 12519902979 TO:99900107
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