HomeMy WebLinkAboutO-1610ORDINANCE NO. 1610
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 Commission of the City
of Fairhope, Alabama has forwarded a favorable recommendation,
The property of Robert and Debra Green generally located 415 N. Greeno Road,
Fairhope, Alabama.
TAX PARCELS: 05-46-03-39-0-002-152.017
05-46-03-39-0-002-152.018
Portion of 05-46-03-39-0-002-152.010
Portion of 05-46-03-39-0-002-152.000
Legal Description: (Case number ZC 17.07)
BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF BLOCK 24, OF GREEN
SUBDIVISION AS RECORDED IN DEED BOOK Y PAGE 740 IN JUDGE OF PROBATES
OFFICE, BALDWIN COUNTY, ALABAMA, THENCE RUN SOUTH ALONG THE WEST
LINE OF SAID BLOCK 24 A DISTANCE OF 350.8 FEET TO A POINT ON THE
NORTHEASTERLY LINE OF A DRAINAGE EASEMENT, THENCE RUN SOUTH 30
DEGREES 00 MINUTES ALONG SAID NORTHEASTERLY LINE A DISTANCE OF 287.7
FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF LIVE OAK AVENUE;
THENCE RUN EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 71
FEET, MORE OR LESS TO A POINT; THENCE RUN NORTH 45 DEGREES 00 MINUTES
EAST, A DISTANCE OF 35 FEET, MORE OR LESS TO THE WEST RIGHT-OF-WAY LINE
OF GREENO ROAD; THENCE RUN NORTH, ALONG SAID WEST RIGHT-OF-WAY
LINE, A DISTANCE OF 550 FEET, MORE OR LESS TO A POINT; THENCE RUN NORTH
45 DEGREES 00 MINUTES WEST, A DISTANCE OF 35 FEET, MORE OR LESS TO A
POINT LYING ON THE SOUTH RIGHT-OF-WAY LINE OF HOYLE AVENUE; THENCE
RUN WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 215 FEET,
MORE OR LESS TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.8799,
MORE OR LESS ACRES.
A map of the property to be zoned is attached as Exhibit A
The property is hereby rezoned from R-1 Low Density Single Family Residential
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 sought 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 approved 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. Notwithstanding the above statement of permitted uses, the
following uses shall not be permitted on the subject property: convenience store,
automotive repair facility or a dry cleaning business.
Ordinance No. 1610
Page -2-
Severability Clause - if any part, section or 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 8TH DAY OF JANUARY, 2018
ATTEST:
isa A Ha s, MMC
City Clerk
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Karin Wilson, Mayor
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PROPOSED PROPERTY TO BE RE —ZONED
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HOYLE AVENUE
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LEGAL DESCRIPTION:
EEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF BLOCK 24. OF
GREEN SUBONISION AS RECORDED IN DEED BOOK Y PAGL /40 N ,.UDCF
OF PROBATES OFFICE. BALDWIN COUNTY, ALABAMA. THENCE RUN SOUTH
ALONG THE WEST LINE OF SAID BLOCK 24 A DISTANCE OF 350.8 FEET TO A
POINT ON THE NORTHEASTERLY LINE OF A DRAINAGE EASLMLNT, THENCF
HI SOUTH 30 DEGREES 00 MINUTES ALONG SAID NORTHEASTERLY LINE
A DISTANCE OF 287.7 FEET TO A POINT ON T iE NCRTH RIGHT -OF WAY LINE
OF LIVE OAK AVENUE: THENCE RUN EAST, ALONG SAID NORTH HIGHI-UF-WAY
LINE A USIANCE OF 71 FEET, MORF OR LESS TO A POIN-; THENCE RUN NORTH
45 DEGREES 00 WNUTES EAST, A DISTANCE OF 35 FEET, MORE OR LESS TO THE
WEST RIGHT-OF-WAY LINE OF CREENO ROAD: THENCE RUN NORTH, ALONG
SAID (NEST RIGHT-OF-WAY LINE. A DISTANCF OF 550 FEET. MORE OR LESS TO
A PONT: THENCE RUN NORTH 45 DEGREES CO MINUTES WES-, A DISTANCE OF
25 FEET, MORE OR LESS TO A POINT LYING ON THE SOUTH R13HT-FOWAY LINE
OF HOYLE AVENUE; THENCE RUN WEST. ALONG SAIU SOUTH RIGHT-O,-WAY
LINE A DISTANCE OF 215 FEET, MORE OR LESS -0 THE PCNT OF 3EGINN! 4G.
SAID PARCEL CONTAINS 2.8799, MORE OR LESS ACRES.
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MOORE SURVEYING. INC.
SCA E
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DATE
Ifinuzoi,
MR. BOB GREEN
PROFESSIONAL LAND SURVEYING
655 NORTH SECTION STREET.
DRAWN BT
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PAIRIIOPE. ALABALA 30532
JOB .40
PHONE (251) 92R — 6777
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Lmtll moer�surre In ODell�etlea�l
Exh�b�+ A
SEE 2004 227
Project Name:
Green Nurseries
Project Type:
Rezoning
Current Zoning District:
R-1 Low Density Single -Family
Residential District
Proposed Zoning District:
B-2 General Business District
PP1N Number:
17231, 114269, 200528, and
202819
General Location:
415 N. Greeno Road
Owner.
Robert and Debra Green
School District:
Not Applicable
Staff Recommendation:
Approve as requested
PC Recommendation:
Unanimous favorable
recommendation to approve
City of Fairhope
City Council
Case: ZC 17.07 Green Nurseries
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