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HomeMy WebLinkAboutO-1359 (2)BALDWIN COUNTY, ALABANfA JUDGE ADOIAN T.JOHNS Fi!edice,t. 5/162608 1:18 PM TOTAL S 22.00 Qa 4 Pages es7 il$ �i 1 ; �1 ORDINANCE NO. 1359 WHEREAS, EASTERN SHORE PRESBYTERIAN CHURCH. INC., the owner of the hereinafter described property, did, in writing, petition the City of Fairhope, a municipal corporation, for annexation under Section 11-42-21 of the Code of Alabama, 1975. as amended; and WHEREAS, a map of said property is attacred to said Petition as an exhibit; NOW, THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIR -HOPE, ALABAMA, that the following described property, lying contiguous to the corporate limits of the City of Fairhope, Alabama; and not within the corporate limits or the police jurisdiction of any other municipality; be and the same is hereby annexed to the City of Fairhope, Alabama, to -wit: Property is located at 23050 U. S. Highway 98, Fairhope, Alabama. LEGAL DESCRIPTION: EASTERN SHORE PRESBYTERIAN CHURCH TAX PARCEL 43-09-32-0-000-001.038, 43-09-32-0-000-001.035, & 43-09-32-0-000-001.001 Parcel A: Commencing at a 2 inch pipe at the Southeast corner of Section 32, T5S-R2E, Baldwin County, Alabama, run S 89 degrees 59 minutes 43 seconds W 878.13 feet to a 2 inch iron pipe, thence run N 88 degrees 30 minutes 50 seconds W 706.29 feet to the point of beginning of tine property herein described; thence continuing N 88 degrees 30 minutes 50 seconds W rur. 217.60 feet to a point; thence run N 02 degrees 46 minutes 25 seconds W 801.77 feet to an iron pipe; thence run S 89 degrees 07 minutes 52 seconds E 217.44 feet to a point; thence run S 02 degrees 46 minute. 25 seconds E 804.12 feet to the point of beginning. Containing 4_0 acres, more or less. Parcel & Commencing at a concrete monument marking the Southeast Come: of Section 32, Township 5 South, Range 2 East; thence run North 88 degrees 07 minutes 43 seconds West, 1803.00 feet to a steel rod marking the point and place of beginning for the herein described parcel; thence run North 01 degrees 46 minutes 02 seconds West, 802.87 feet to a steel rod, thence run North 88 degrees 07 minutes 43 seconds West 178.03 feet to a steel rod, thence run South 01 degrees 46 minutes 02 seconds East, 800.07 feet to a -4 x 4 concrete monument; thence ru;; South 88 degrees 07 minutes 43 seconds East, 178.23 feet to the point and place of beginning. Containing; 3.27 acres, more or less.. Parcel C: Fronn the Southeast Corner of Section 32, 'Vowrship 5 South, Range 2 East, Baldwin Counrv, Alabama, rur thence North 38 degrees 07 minutes 4- seconds West, 1981.23 feet to an iron pipe; thew;e run North 01 degrees 34 minutes 25 seconds West, 29.2.29 feet to the Point of Beginning; thence run West, 319.98 feet to a point an the East right-of-way of ll. S..Iiighway Number 98 (4-':ane); thence run Northwardly along the arc of a curve, having a radius of 59, 646.9 feet, an an; distance of 58.77 feet to a concrete monument on said East right-of-way; thence run North 01 degrees 34 minutes 25 seconds Rest along said East right-of-way, 692.86 feet to an iron pipe; thence run South 88 degrees 07 minutes 43 seconds East. 320.41 feet to an iron pipe; thence run South 01 degrees 34 minutes 25 seconds East. 740.92 feet to the Point of Beginning. Containing 5_8 acres, more or less. This property shall be zoned R-1, Low Density Single- Family Residential District. BE IT FURTHER ORDAINED that a certified copy of this Ordinance, with a copy of the Petition and the - - . ,:�:.::::, .�::.;;rJ�+i .,arty, l'i�ia„c:iaf.. This Ordinance shall take effect irmnediately upon its due adoption and publication as required by law. ADOPTED THIS 28th DAY OF AP1'.JLs 2008. ATTEST: limo i►y M. Kant, Mayor -- MAIL t®: Cieniece W. Johnson, City Cle ,< CITY OF FAIRNOPE P. O. DWR 429 FAIRNOPE, AL 3M. Rev 6/2006 STATE OF ALABAMA COUNTY OF BALDWIN CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 PETITION FOR ANNEXATION )( )( 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 1142-21, Code of Alabama, 1975, as amended. [This petition is for R-1 Zoning 0 The condition of the Petition is that zoning be established as Concurrent with An exation. (Zoning Request) Is this prop colony Ain Yes No. If this property is colony e t e Fairhope S' le Tax ffice must sign as a petitioner. 5 JN &,f4 1 #g p1ge Signa a of Petitioner, G}l-. Print Uetitioner's name Easte>�n Shore Presbyterian Church, Inc. Signature of Petitioner Print petitioner's name Signature of Petitioner Print petitioner's name Physical Address of property being annexed: 2305-0 a S klw�j Qb', _trAooe� 4L 365-30 Petitioner's Current Physical Address: Petitioner's Current Mailing Address: sa rn e .sa kn-e- / Zs/-9Z�-0V77 (cL�o'� Telephone Number(s): Z S/ I09 - 7 -760 Home Work County Tax Parcel Number: &)O - 00/.00/ S. pS-¢3- b9- 3z-O-000-00/,o3s` 3-Z ©S- ¢3 -vg - 3z - o -000 - oo 1,0 3 9- 4.o OF FAIRHOPE DWR 429 TOPE, AL 365M Backroom:Users:mray:Library:Mail:POP- inf o/hamAn„ r na AQ7R1qQ n f- M OV mt nv P1a/ Rnr. fn 0h .- m;m ftt h•Pntirinn rn -.-A— AM d / 0 3 8' /V-f- .iat✓L'iK. pr/vks/t�r lsle)eedS , a�iaf .- ex- 7..c. P/a.ini•,f <tcl �o►ti� t ltG GMT,icfr k1�7`� ?hr� RHit'vua� ��rez� � .cx� r�u'?s lir y+ .ty n ems. Re 6/2006 U.S JUSTICE DEPARTMENT INFORMATION Aftmx- 0 Size of property (acres or square feet) 8 a crams %3. Z acres/41 o 4&, - l3. Oa t v, s 0 If property is occupied, give number of housing units 17o � u5i rl f, 6 n lY c/u 0 Number of Persons residing in each unit, and their race 120 - 0 If property is unoccupied, give proposed use 0 If property is being developed as a subdivision, give subdivision name n/- 0 Number of lots within proposed subdivision �' Z-w—'- a Notary Public in and for said State and County, hereby certify t at�N. I &Ck �� 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 efW C 200k-11 INdtary Public My commission expires JAY cwx;�20Mbriw JWe3, 2010 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. (Seal) Given under my Hand and Seal this day of , 20_•____, Notary Public My commission expires 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) MAIL TO: Notary Public My commission expires " " +Lsf FAIRHOPE U. IDWR 429 FAIRMOPE, AL 36M Backroom:Users:mray:Library:M":POP- iMf,0 har d— —G)- Q7FG0 not•YKTn(1X fnr the �vs. mimoottonh•Datitinn fnr onnov rinr CITY OF FAIRHOPE PETITION FOR ANNEXATION I e poll Eastern Shore Presbyterian Church - Three parcels: 05-43-09-32-0-000-001.001 N 05-43-09-32-0-000-001.035 ` 05-43-09-32-0-000-001.038 To the South of parcels 001.038 & 001.035 are zoned R-1 Single Family. CITY OF FAIRI The proposed site is contiguous to the adjacent property if brought in this sequence - P. 0. DWRVft (1) 1.038, (2) 1.035 (3) 1.001 FAIRHOPE IN L�� It q avj-&�� 0 FAII HOPE PLANNING COMNITSSfON FINAL IZEPOIZT OF 'ZONINC: ,�i\1I'.Ni) II:N'I' 2 J s 41'ext Change to Zoning Ordinance ,^,A��nCQ�-v�� S Request for change of Zonin<, District By: J (Appliga t) 1 Desci-ipfion acid'Alap is attached 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: A—We(Do) (Do Not) recommend the proposed zoning text changes as wise, expedient and necessary for the benefit of the City —)bVe find that the proposed zoning district change (Is) (Is Not) in conformity with the comprehensive plan and in the best interes s of the City as a whole, and 4 (Do) (Do Not) Recommend that the City Council adopt an ordinance im�'ementing the proposed changes as provided by Iaw, Members Present Voting Aye Votillg Nay .Abstain Respectfully submitted: Z=a�b-ljl , Ch• -man 11 ZC 08.02 Zoning Ordinance Amendment — Signs ARTICLE IV — SITE DESIGN STANDARDS Section G. Signs 4. Sign Standards b. Permitted Signs for Non-residential Districts and Uses • (9) A -Frame Signs — In addition to a wall -mounted sign, A -Frame signs for a business located within the Central Business District (the CBD) are permitted subject to the following conditions: a. A business owner who desires to utilize an A -Frame sign within the CBD shall be required to apply for and obtain an Administrative Use Permit from the City of Fairhope Planning Director and/or his designee. There is no fee associated with this permit. As part of the application process, the Planning Director and/or his designee shall designate to the business owner the approved location for the placement of the A -Frame sign within the CBD. b. An A -Frame sign may be located on private property or within the public right-of-way, provided they do not interfere with pedestrian movement or wheelchair access to, through, and around the site or obstruct ADA access. A minimum access width of three (3) ft. shall be maintained along all sidewalks and building entrances accessible to the public. c. An A -Frame sign shall not encroach into required off-street parking areas, and may not be arranged so as to create site distance conflicts or other traffic hazards. d. An A -Frame sign shall be utilized only during the regular hours of operation of the business or special event, and shall be removed during non -business hours. e. The sign size for a rectangular A -Frame sign shall be four (4) ft. in vertical dimension and two feet, six inches (2'-6") in horizontal dimension. The height of the sign shall be measured from the sidewalk grade to the sign when it is erect. f. A -Frame signs are permitted for ground floor or street frontage tenants directly in front of the place of business. Where numerous businesses are located within one building, one (1) Shared Multi -tenant A -Frame sign per street frontage may be used. Shared Multi -Tenant A -Frame signs shall meet the area and dimensional standards established in Article IV Section G.4(b)9.(e) in this amendment. g. An A -Frame sign shall be professionally made and constructed of durable, weather -resistant materials such as aluminum, plastic, or wood -finished surfaces and shall be maintained in good condition throughout the term of the Use Permit. h. At the time of application, a Use Permit application for an A -Frame sign shall require submission of a certificate of insurance which complies with the following criteria: I . Public liability insurance in an amount not less than $1,000,000.00 for injuries to each person, and in an amount not less than $1,000,000.00 for any one (1) occurrence. 2. Property damage insurance in an amount not less than $1,000,000.00 for damage to the property of each person on account of any one (1) occurrence. 3. Said policies shall name the City of Fairhope as additional insured and shall constitute primary insurance for the City, its officers, agents, and employees, so that any other polices held by the City shall not contribute to any loss under this insurance. 4. Policies shall provide for thirty (30) days prior written notice to the City of cancellation or material changes. i. The City reserves the right to remove forthwith a sign which causes any interference with vehicular traffic or pedestrian traffic or in the event of any emergency situation or interferes with any work that is to be performed upon the public sidewalk by or on behalf of the City. ARTICLE IX — DEFINITIONS AND INTERPRETATION C. Defined Terms • A -Frame Sign — A -Frame Signs are allowed only within the City of Fairhope Central Business District. A -Frame Signs are designed to stand on their own either on public or private property. A -Frame Signs are hinged at the apex to be folded into a sandwich position. A permit is required from the City of Fairhope.