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ORDINANCE NO. 1324
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 Little -Nichols Marketing, LLC, located at 335 S. Greeno Rd., Fairhope, Alabama and is
generally located at the Northeast corner of the intersection of Greeno Rd. and Nichols Avenue, Fairhope,
Alabama.
TAX PARCEL 05-46-05-16-0-000-028.538
05-46-05-16-0-000-028.767
Legal Description: (Case number ZC 06.20)
PARCEL `A': BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF FAIRHOPE
PROFESSIONAL PARK SUBDIVISION AS PER ITS PLAT RECORDED ON SLIDE 1751-A IN THE
JUDGE OF PROBATE'S OFFICE, BALDWIN COUNTY, ALABAMA, RUN SOUTH 89 DEGREES 49
MINUTES 35 SECONDS WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF NICHOLS
AVENUE, 189.25 FEET TO A CONCRETE RIGHT-OF-WAY MONUMENT; THENCE RUN NORTH
44 DEGREES 40 MINUTES 02 SECONDS WEST, 35.28 FEET TO A CONCRETE MONUMENT
LYING ON THE EAST RIGHT-OF-WAY LINE OF GREENO ROAD; THENCE RUN NORTH 00
DEGREES 06 MINUTES 25 SECONDS EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, 193.08
FEET TO AN IRON PIN; THENCE RUN NORTH 89 DEGREES 52 MINUTES 31 SECONDS EAST,
213.39 FEET TO AN IRON PIN; THENCE RUN SOUTH 00 DEGREES 04 MINUTES 43 SECONDS
EAST, 218.06 FEET TO THE POINT OF BEGINNING.
PARCEL `B': LOT 1-A OF THE FIRST ADDITION TO FAIRHOPE PROFESSIONAL PARK
SUBDIVISION AS PER ITS PLAT RECORDED ON SLIDE 2147-D IN THE JUDGE OF PROBATE'S
OFFICE, BALDWIN COUNTY, ALABAMA.
A map of the property to be zoned is attached as Exhibit A
The property is hereby rezoned from M-1 Light Industrial District to B-2 General Business
District. 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 I I"'
A
Geniece W. Johnson, C}V'Clerk
day of December , 2006.
FAIRHOPE PLANNING COMMISSION
FINAL REPORT OF ZONING AMENDMENT
Text Change to Zoning Ordinance
Request for change of Zoning District
n, . . \ , . , I._ n
By: I -
(Applicant)
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:
4We jLo-) (Do Not) recommend the proposed zoning text changes as wise,
expedient and necessary for the benefit of the City g e,
_j,_We find that the proposed zoning district change (TS) (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 law.
Members Present
Rev. 9/98
42 RC
11-07-06P01:42 RCVD"
Voting Aye Voting Nay Abstain
Respectfully submitted:
I
CITY OF FAIRHOPE
CITY COUNCIL COVER SHEET
December 11, 2006
06-20 Request to consider the application of Craig Dyas of Little -Nichols
Marketing, LLC for Re -zoning of M-1 (Light Industrial District) to B-2
(General Business District). The property is located on the
Northeast corner of the intersection of Greeno Road and Nichols
Avenue.
STAFF INTERPRETATION:
The subject property is located in The City of Fairhope and is Zoned
M-1 (Light Industrial District). The property contains approximately
1.78± acres (77,799 Square Feet). The applicant is requesting B-2
(General Business District) Zoning.
The applicant has presented staff with a conceptual site plan for the
property. The conceptual plan includes two (2) phases. Within the first
phase of the plan, an 8,774 square foot building is shown, along with a
1600 square foot "Sub Shop" building. The building in the second
phase does not have the square footage labeled.
A copy of the conceptual plan is attached to this document.
Light Industrial zoned M-1 property surrounds the subject site,
although many of the M-1 zoned properties are being utilized for
commercial uses. Directly East of the site is Professional Park Drive
and commercially used property. Greeno Road and commercial uses
are to the west. Nichols Avenue and the "Deli -Depot" convenience
store are located to the South, and North of the Site lies commercially
used property.
The issues associated with this request are as follows:
Comprehensive Plan: Re -zoning the subject property from M-1 to B-
2 is not contrary to the Comprehensive Plan.
Surrounding Land Uses: Due to the nature of surrounding properties
and land uses, Re -zoning the subject site to B-2 would ensure
compatibility with surrounding properties and land uses.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommends approval of the M-1 to B-2 Re-
zoning request for the Northeast corner of the intersection of Greeno
Road and Nichols Avenue.
Respectfully Submitted for Consideration,
Jonathan I. Smith B. Gregg Mims
Planner Planning Director
City of Fairhope City of Fairhope
'panglgad ri113uls St .ia.vr'S snp 2111Cdo.D 'oul 'DNJAgA2i:'1S 32100bZ-h00Z O lg2lu(do3 si :a,vnS stgl
able:
The Fcirhope Suiidmg Depor!ment SHALL Nor approve the
issuande of y Building Permit for any Lots i this Dlti
to there hcs been ,nrritt,d o Storm Weer Ne.•wgement
Desing for tic Lot a lyying fo' c BuYc�ng Permit o. ',he time
of Application for soil 7ui..n perrtit.
Property is zoned U-1
ro Concrete R.O.W.
N 89' 52' 31" E 213.34'
Common Area
,6 I i 10' Droincce Easement b`
O d
•-� 110' Private rence Easement F
� I F
I
c, 01 LOT 7—A
p �I 23,980 Sq. Ft.
O
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S 89' 52' 31" W 213.39' mod %25 00* 04' 43" E
N89'52'31"E o i
N 69' 54' 56" E 163.56'
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LOT 1—A
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31.165 Sq. Ft
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?e - 3;u„✓•.,.�c
R=25.00'
SWCornerof Lot 1
C A=90'51' 04"
N 44' 40' 02" W of Fairhope Professional Pork
L-39.64'
35.2B' Recorded on Slide 1751-A
,ad
F
ChM.62
b h=35.62'
l�' Eo tp• v,i.et. r.ze cent e1 0�
eOts S 89' 49' 35" W 189.25'
N 89' 50' 40" W 138.15'
50' Right-of-way Paved
Street Found Re-to_r h top
NICHOLS AVENUE
SURVEYOR'S NOTES:
1. All Measurements were made in accordance with U. S. Standards.
2. Description as furnished by Client
3. There may be recorded or unrecorded Deeds, Easements, Right-of-ways, or other instruments
that could affect the Boundaries of said properties.
4. There was No attempt to determine the existence, Location or extent of any sub -surface
features such as Septic Tanks, Fuel Tanks, etc.
5. Bearings and Distances shown hereon were "Computed" from actual field traverses.
6. The Basis ofBearin_gs for this Survey is based on South 00' 04' 43" East alone the West line
of Lots 1, 3, 5, as per the recorded Plat
7. We did not locate any Environmental issues such as but not limited to Wet lands, etc.
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Note:
The Fcirhope Building Deportment SHALL NOT opprove the
issuande of any Building Permit for any ' cis in this Division
until there has been submitted o Storm Wcter Nonagement
Desing for tie Lot applying for c Building Permit at the time
of Application for said Building permit.
Property is Zoned N.-1
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Found Concrete R.O.W. I
N 89' 52' 31" E 213.34'
Common Area
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10 Droincce Eosement FrG
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23,9B0 Sq. Ft.
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' 25.00'
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N 59` 54' 56" E 163.55'
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LOT 1—A b
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SW Corner of Lot 1 A=90'51' 04"
N 44' 40' 02" W of Foinccpe Professional Pork `p L=39.64'
35.2B' Recorded on Slide 1751-A F` T=25.37
b Ch=35.62'
10' Privet. Fence Ecsnnent el
jests: S 89' 49' 35" W 189.25' N 89' 50' 40" W 138T.bcr
o�
50' Right-of-way Poved Street Found do cap
NICHOLS AVENUE
SURVEYOR'S NOTES:
1. All Measurements were made in accordance with U. S. Standards.
2. Description as furnished by Client
3. There may be recorded or unrecorded Deeds, Easements, Right-of-ways, or other instruments
that could affect the Boundaries of said properties.
4. There was No attempt to determine the existence, Location or extent of any sub -surface
features such as Septic Tanks, Fuel Tanks, etc.
5. Bearings and Distances shown hereon were "Computed" from actual field traverses.
6. The Basis of Bearings for this Survey is based on South 00' 04' 43" East along the West line
of Lots 1, 3, 5, as per the recorded Plat
7. We did not locate any Environmental issues such as but not limited to Wet lands, etc.
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WARRANTY BILL OF SALE
STATE OF ALABAMA
COUNTY OF BALDWIN
KNOW ALL MEN BY THESE PRESENT: That William A.
Little & Sons, an Alabama General Partnership, hereinafter called
Grantor, for and in consideration of the sum of Ten ($10.00)
Dollars and other good and valuable considerations hereby
acknowledged to have been paid to Grantor by Little - Nichols
Market, LLC, An Alabama Limited Liability Company, hereinafter
called the Grantee, does hereby GRANT, BARGAIN, SELL and
ASSIGN unto the Grantee, all improvements thereon and
leasehold interest in and to the following described real property,
located in the County of Baldwin, State of Alabama, to -wit:
Mortgage Recorded Simultaneously
Beginning at the Southwest corner of Lot 1 of Fairhope Professional Park subdivision as
per its plat recorded on Slide 1751-A in the Judge of Probate's Office, Baldwin County,
Alabama, run South 89049'35" West, along the North Right -of -Way line of Nichols Avenue,
189.25 feet to a concrete Right -of -Way monument; thence run North 44 °40'02" West, 35.28 feet
to a concrete monument lying on the East Right -of -Way line of Greeno Road; thence run North
0000625" East, along said East Right -of -Way line, 193.08 feet to an iron pin; thence run North —�
89052'31 " East, 213.39 feet to an iron pin; thence run South 00 °04'43" East, 218.06 feet to the
Point of Beginning.
This bill of sale is subject to all easements, setback line requirements, reservations and
restrictions which are of public record in the office of the Probate Judge of Baldwin County,
Alabama, and to the lien of real property taxes and leasehold rentals hereafter falling due.
Together with all and singular the rights, members, privileges, and appurtenances
thereunto belonging or appertaining.
TO HAVE AND TO HOLD the same unto the said Grantee, and Grantee's heirs and
assigns FOREVER.
And, except as to taxes and rents hereafter falling due, the Grantor, for the Grantor and
for Grantor's heirs, executors and administrators, does hereby covenant with the said Grantee
and Grantee's heirs and assigns, that Grantor is seized of a leasehold interest in and to the said
property and of the improvements thereon, that said property is free from all encumbrances
other than those herein stated and that Grantor will WARRANT and forever DEFEND the
leasehold to said property unto the said Grantee against the lawful claims of all persons,
whomsoever.
IN WITNE HEREOF, the Grantor has hereunto set Grantor's han- and seal on this
theme day of March, 2004.
(Seal)
William A. Little w
As: General Partner cu
ou
/';&JSeal) ro
it i m Boyd LittlCU
As: General Partner
G
f �
--
�2u,
Larry Kenneth Little
As: General Partner
'44''
(Seal)
dh Li e
STATE OF ALABAMA As: General Partner
BALDWIN COUNTY
I, the undersigned, a Notary Public in and for said County in said State, hereby certify that William A. Little
as General Partner of William A. Little & Sons, whose name is signed to the foregoing instrument and who is
known to me, acknowledged before me on this day that, being informed of the contents of said instrument, he
executed the same voluntarily on the day the same bea s date.
Given under my hand,andoseplon this the bay of March, 2004.
(AFFIX SEAL); 1�' OTA s
Rom•• /y>� ��
= = Notary Public
v _ My Cor imission Expires
STATE OF ALABAMA '- ,ySTAjj
BALDWIN COUNTY
I, the undersigned, a NotaryPublic in and for said County in said State, hereby certify that William Boyd
Little as General Partner of William A. Little & Sons, whose name is signed to the foregoing instrument and who
is known to me, acknowledged before me on this day that, being informed of the contents of said instrument, he
executed the same voluntarily on the day the same bears date.
Given under my hand,aMd jVdl,on this the Li hday of March, 2004.
0MEs • s '�,
(AFFIX SEAL)
= +Nota�ryublicon Expires
STATE P'r'
STATE OF ALABAMA
BALDWIN CO (11�1411uii
I th�L� Notary Public in and for said County in said State, hereby certify that Larry Kenneth
Little as illiam A. Little & Sons, whose name is signed to the foregoing instrument and who
is know *RQwte gei before me on this day that, being informed of the contents of said instrument, he
executed th@ a voluntar I Sn the day the same bears date.
ten under my h4'r and seal on this the S day of March, 2004.
�j�X$E�L) o •' �
ii��, /STATE Notary
1111111 ry
My Commission Expires
STATE OF ALABAMA
BALDWIN COUNTY
I, the undersigned, a Notary Public in and for said County in said State, hereby certify that Laura Little
as General Partner of William A. Little & Sons, whose name is signed to the foregoing instrument and who is
M
known to me, acknowledge before me on this day that, being informed of the contents of said instrument, he
►-
executed the same v p day the same bears date.
M
Given und�@l`ir on this the _It_ day of March, 20G4.
d
(AFFIX SA��' T A R y'•
�,o
_ r- (9 = Notary Public
7 'O U E3 L \ G :' �
'••
N
1 ,: z My Commission Expires �j'p'�
This Instrument d•By-. ••'' �"�.��
JAMES E. SMITH, STATE
��//1/111iii►n\\\
Post Office Box 416
.kn
Fairhope, Alabama 36533
Telephone: 251 /928-1355
Grantor's Address:
Grantee's Address:
REF:
\\Jes\client\R\Nichols St Dev\Little & Sons to Little Nichols Market Wbos.wpd
Delta Computer Systems
Page 1 of 1
Copyright 2000
Property Appraisal Link
BALDWIN COUNTY, AL
Current Date 11/13/2006 Tax Year 2007
OWNER INFORMATION
PARCEL 46-05-16-0-000-028.538 PPIN 064907 TAX DIST 06
NAME FST LITTLE - NICHOLS MARKET L L C
ADDRESS 23210 U S HWY 98
FAIRHOPE , AL 36532
DEED TYPE IN BOOK 0000 PAGE 0796923
DESCRIPTION
189.3' X 218.F IRR BEG AT THE SE COR OF LOT 1-A FIRST ADDN
TO FAIRI-IOPE PROFESSIONAL PARK SUB SLIDE 2147-D RUN W 189.3',
TH NW 3 5.3',T H N 193. F, TH E 213.4', TH S 218. FTO THE P
OB IN THE CITY OF FAIRHOPE SEC 16-T6S-R2E (FST WAS BOS) IN79
6925
PROPERTY ADDRESS
NEIGHBORHOOD
PROPERTY CLASS
LOT BLOCK
LOT DIMENSION
LAND:
BUILDING:
TOTAL PARCEL VALUE:
PROPERTY INFORMATION
FHOP_H WY98
CO SUB CLASS
200X2 I OIRR
PROPERTY VALUES
644200 CLASS 1:
NON
ZONING M-1
TOTAL ACRES:
CLASS 2: 644200 TIMBER ACRES:
CLASS 3:
644200
DETAIL INFORMATION
TYPE REF METHOD DESCRIPTION LAND USE TC HsPn VALUE
LAND 1 SF SQ-14.50 X 9150 2 N N 644200
View Tax Record
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it•
BaIdWn County
Revenue CoMM- 1SS"'ra e
Copyright 2000
Property Link
BALDWIN COUNTY, AL
Current Date 11/13/2006 Records Last Updated 11/10/2006
PROPERTY DETAIL
OWNER FST LITTLE - NICHOLS MARKET L L ACRES: **NA**
23210USHWY98
FAIRHOPE, AL 36532
PARCEL 46-05-16-0-000-028.538
ADDRESS **NA**
APPRAISED VALUE: 644200
ASSESSED: 128840
TAX INFORMATION
YEAR 2006 TAX DUE PAID BALANCE
5540.12 0.00 5540.12
LAST PAYMENT DATE **NA**
MISCELLANEOUS INFORMATION
EXEMPT CODES DESCRIPTION 189.3' X 218.1' ]RR BEG AT THE
SE COR OF LOT I -A FIRST ADDN
TAX DISTRICT 06 TO FAIRHOPE PROFESSIONAL PARK
PPIN 064907 Entry 00 SUB SLIDE 2147-D RUN W 189.3',
ESCAPE YEAR TH N W 35.3',T H N 193. F, TH
ACCOUNT NUMBER081307 E 213.4', TH S 218.E TO THE P
Viexv Appraisal Record
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USaldvAn County-.--
, _
Judge of Probate-.
Copyright 2000
Deeds & Records Link
BALDWIN COUNTY, AL
Today's Date 11/13/2006 Records Complete Thru 11/ 8/2006
BILL OF SALE
DATE FILED: 3/22/2004
INSTRUMENT DATE: 3/ 4/2004
DEED BOOK: R IN 0000 DEED PAGE: 0796923
INSTRUMENT NUMBER: 796923
VALUE 204484 DOWN PAYMENT 16754
MINERAL ACRES *NA* LOTS *NA*
FILED BY: FAIRHOPE TITLE/RON KOPESKY
Grantor: WILLIAM A LITTLE & SONS
Grantee: LITTLE - NICHOLS MARKET LLC
LEGALS
S/T/R Subdivision Block Lots
DOCUMENTS
DESCRIPTION NUMBER OF PAGES PRICE
Document 3 $ 0.00
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