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Home My WebLink AboutO-1321. N A iv C, CMM 0 N o a s Q n asa CIA. .� b on -�C ai+ m 0 1�b as �o n0 �a -+ac en 00 IV 06.m ti i1 •.tea f� m m yy,� a.N > C v m as ne lu � v > G o-y ms•:° � ORDINANCE NO. 1321 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: c 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 Point Clear Development, LLC, located at 18160 South Section Street, Fairhope, Alabama. (w BATTLES POINT CONDOMINIUM TAX PARCEL 05-46-09-29-0-000-061.000 Legal Description: (Case number ZC 06.19) ALL THAT PORTION OF LAND LYING IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, T6S — R2E, OF BALDWIN COUNTY, ALABAMA, AND A PORTION OF LAND LYING IN THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, T6S — R2E, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 29, T6S — R2E, BALDWIN COUNTY, ALABAMA, RUN NORTH ALONG THE WEST LINE OF SAID SECTION 29 A DISTANCE OF 40.00 FEET TO A POINT; THENCE RUN NORTH 89 DEGREES 59 MINUTES 31 SECONDS EAST 40.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF OLD BATTLES ROAD WHERE IT INTERSECTS THE EAST RIGHT OF WAY LINE OF SECTION STREET, IN THE CITY OF FAIRHOPE AND THE COUNTY OF BALDWIN, ALABAMA; SAID POINT BEING THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE RUN NORTH ALONG SAID EAST RIGHT OF WAY LINE OF SECTION STREET A DISTANCE OF 1282.26 FEET TO A POINT ON THE ACCEPTED NORTH LINE OF THE SOUTH WEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE RUN NORTH 89 DEGREES 59 MINUTES 02 SECONDS EAST ALONG SAID ACCEPTED NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29 A DISTANCE OF 1282.59 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29,; THENCE RUN SOUTH 00 DEGREES 09 MINUTES 35 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29 A DISTANCE OF 846.44 FEET TO A POINT; THENCE RUN NORTH-89 DEGREES 59 MINUTES 31 SECONDS EAST 300.00 FEET TO A POINT; THENCE RUN SOUTH 00 DEGREES 09 MINUTES 35 SECONDS WEST 436.00 FEET TO A POINT ON THE AFOREMENTIONED NORTH RIGHT OF WAY LINE OF OLD BATTLES ROAD; THENCE RUN SOUTH 89 DEGREES 59 MINUTES 31 SECONDS WEST ALONG SAID NORTH RIGHT OF WAY LINE OF OLD BATTLES ROAD A DISTANCE OF 1579.01 FFET TO THE POINT OF BEGINNING. CONTAINING 40.7077 ACRES, MORE OR LESS. A map of the property to be zoned is attached as Exhibit A "L TO City of Fairhope PO Drawer 429 Fairhope, AL 36 Ordinance No. 1321 Battles Point Page — 2 — 1. That, the following conditions shall be adhered to: Density: • Maximum allowed density for the subject property shall be five (5) units per acre. The property is hereby to be zoned R-5 High Density Dwelling 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 THIS 13"' DAY OF November , 2006 ATTEST: iece W. Johnson, City "L. TO: City of Fairhope p O Drawer 429 FalrhOae, AL 3653: EXHIBIT )% ESRI ArcExplorer 2.0 Map Title parcel text (Text) dimensions (Text) RnADNAMES FOR ROADMAP cels () ;Text) .tion Numbers (Text) ck (Text) eage (Text) c () Monday, Aug 7 2006 �O LL Revised 06 CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 PETITION FOR ANNEXATION 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. ❑ This petition is for R-1 Zoning The condition of the Petition is that zoning be established as R- 5 Concurrent with Annexation. (Zoning Request) Is this property colony property Yes x No. If this property is colony property the Fairhope Single Tax Office must sign as a petitioner. POINT CLEAR DEVELOPMFNT., LLC Signature of Petitioner Print petitioner's name BARTON E. KAISER, MANAGER Signature of Petitioner Signature of Petitioner Print petitioner's name Print petitioner's name Physical Address of property being annexed: 18160 SOUTH SECTION STREET Petitioner's Current Physical Address: Petitioner's Current Mailing Address: 3479 Gulf Shores Pkwy. Suite R Post nffice Pox 1318 Gulf Shores, AL 36542 Gulf Shores, AL 36547 TelephoneNumber(s): 251-968-5404 251-968-4300 Home Work County Tax Parcel Number: 05-46-09-29-0-000-061 C:\Documents and Settings\13K.BART1Local Settings\Temporary Internet Files\Content.IE5\WV06K3P9\Petition for annex.doc 08-21 -06A1 0 : 43 RCV V Revised ,IZe U.S JUSTICE DEPARTMENT INFORMATION Size of property (acres or square feet) 4 0.7 6 -9�- Acres If property is occupied, give number of housing units N/A Number of Persons residing in each unit, and their race N/A If property is unoccupied, give proposed use CONDOMINIUM If property is being developed as a subdivision, give subdivision name BATTLES POINT CONDOMINIUM Number of lots within proposed subdivision UNITS — 192 I, LYi AI 1774T /LS• a Notary Public in and for said State and County, hereby certify that 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 V-4- day of A, ,57- , 2006 , (Seal) Notary Public My commission expires % �/— /U I, a Notary Public in and for said State and County, hereby certify that 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 , 20 , (Seal) Notary Public My commission expires CO �o, 0 a Notary Public in and for said State and County, hereby p ``� certify that whose name(s) is/are signed to the forgoing t Petition and who is/are known to me, this day appeared before me and, being first duly sworn, 3 4' acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date. C Given under my Hand and Seal this day of , 20 , (Seal) Notary Public My commission expires CADocuments and Settings\BK.BART\Local Settings\Temporary Internet Files\Content.IE5\WV06K3P9\Petition for annex.doc CITY OF FAIRHOPE PETITION FOR ANNEXATION & RE -ZONING SITE 40.7 Acres +/- Battles Point Condo's; Parcel No.: 05-46-09-29-0-000-061.000 MAIL TO: To the East of the Site is Zoned as a PUD. The Site is contiguous to the adjacent property. HUNTINGTON PUD N W E City of Falrhope s O Drawer 429 -q!! , 61.3653: COF GIS 6 / 2006 D. Powell 4n,9- 29-06A10:35 RCVD cc's 4 qox,r�lop- iOlz/oG zcoG- i q I'M FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT 10-1J-054�9:35 RCVL' Text Change to Zoning Ordinance Request for elzarrgc�f Zoning District 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: �We (Do) (Do Not) recommend the proposed zoningtext changes ges as wise, ex ient and necessary for the benefit of the City �We find that the proposed zoning district change (I) (Is Not) in conformity with the comprehensive plan and in the best interests of the City as a whole, and o (Do Not) Recommend that the City Council adopt an ordinanc e ce implementing the proposed changes as provided by law. Members Present Rev. 9/98 Voting Aye Voting Nay Abstain Respectfully submitted: * *HAVE A NICE DAY!* * ADRIAN T. JOHNS PROBATE JUDGE * BALDWIN COUNTY, ALABAMA **************************************** RECEIPT NUMBER......... 1836970 Rcvd of: CITY OF FAIRHOPE Date: 11/28/2006 Time 8:45 For: ORDINANCE Tp Bk Pg1016394 Inst 1016394 Grantor Grantee Cash Drawer 66 ID DGRAY Recording Fee 18.00 D.P. Fee 5.00 Archive 5.80 Total ............... 28.88 Paid: Check 28.00 ****************************************