Title
(First Reading) Ordinance Amending Ordinance No. 387-87 to Amend the Magnolia Walk East Planned Development District, Owned by SCP/BPG Magnolia Holdings, L.L.C., by Removing Approximately 23.56 Acres
Summary
DESCRIPTION OF TOPIC:
SCP/BPG Magnolia Holdings is requesting to amend the Planned Development District (PDD) for Magnolia Walk East to remove 25.36 acres, leaving approximately 76 acres in the PDD. The removed portion will be rezoned by another ordinance subject to City Council approval.
Budgetary Impact: N/A
Non-Capital Item:
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.**Request to Transfer Departmental Budget Dollars form must be attached**
____ Not budgeted requiring increase to account #___________ in the amount of $____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital - Departmental **Capital Purchase Worksheet form must be attached**
____ Budgeted under account #______________ for $_________ and described in budget as ________________________. Additional amount needed, if any: Increase in budget of $_________ OR, transfer of $________ from Account #____________ to Account #_____________**Request to Increase OR Request toTransfer Departmental Budget Dollars form must be attached**
____ Not Budgeted - account #____________ requires budget increase of $_____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital Project - **If requesting to start a project, a Capital Project Worksheet form must be attached**
In current year Capital Projects Plan:
____ Yes, described as Pavilion, planned amount $___, requesting $___ as total project estimate, including contingencies, under account #400-5090-5117 Pavilion.
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________.
_____ Yes, requesting an increase of $___________ to an already approved project titled ________________________ that is being tracked under Account No. ___________________.
_____ No, requesting an increase of $__________ to an already approved project titled _______________________ that is being tracked under Account No. _________________.
Body
WHEREAS, the City of Foley, Alabama, adopted Ordinance No. 387-87 on June 15, 1987, ordaining a new Zoning Ordinance and Zoning Map for the City of Foley which has subsequently been amended, and
WHEREAS, the Planning Commission has recommended approval with conditions of this Planned Development District amendment, and
WHEREAS, the City of Foley has received a request to amend the Magnolia Walk East Planned Development District (approved in 1999), and the City Council of the City of Foley deems it necessary, for the purpose of promoting the health, safety, morals and general welfare of the City to amend said Ordinance, and
WHEREAS, all requirements to the laws of the State of Alabama, with regard to the preparation of the report of the Foley Planning Commission and subsequent action of the City Council have been met,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA, while in regular session accepted the following changes:
Section 1: That the official Zoning Map of the City of Foley, Alabama, be amended to remove ± 23.56 acres from the Magnolia Walk East Planned Development District:
LEGAL DESCRIPTION:
Description of area remaining in the Planned Development District is for mapping purposes only; this description is not intended for use in a transfer of title:
All of Parcel 05-61-02-03-0-000-001.011 (PIN 633426)
Portions of Parcel 05-61-02-03-0-000-001.000 (PIN 17683) excluding the portion described herein:
PARCEL 1:
Lot 2, Magnolia Walk Subdivision, as recorded on Slide 3011-E of the records in the office of the Judge of Probate, Baldwin County, Alabama. And;
PARCEL 2: Zoning Parcel “A”
State of Alabama, County of Baldwin
A portion of the Remainder Parcel shown on the plat of Second Minor Subdivision of Magnolia Walk, as recorded on Slide 3011-F of the records in the office of the Judge of Probate, Baldwin County, Alabama;
More particularly described as follows:
Beginning at a capped rebar (illegible) at the northwest corner of Lot 3, Second Minor Subdivision of Magnolia Walk, as recorded on Slide 3011-F of the records in the office of the Judge of Probate, Baldwin County, Alabama; thence run North 00°-12'-47" West along the west line of the Remainder Parcel shown on said Second Minor Subdivision of Magnolia Walk a distance of 829.00 feet to a capped rebar (Wattier) on the south right-of-way line of Creekview Blvd (110' r/w); thence run northeastwardly along said Remainder Parcel, along said south right-of-way line, and along the arc of a curve to the right (having a delta of 54°-08'-28", a radius of 81.75 feet, a chord bearing of North 62°-49'-23" East, and a chord length of 74.41 feet) an arc length of 77.25 feet to a capped rebar (Wattier); thence run North 89°-53'-37" East along said Remainder Parcel and along said right-of-way line a distance of 377.15 feet to a capped rebar (Wattier); thence run South 00°-00'-00" East a distance of 795.83 feet; thence run South 40°-26'-31" West a distance of 89.20 feet to a capped rebar (DDG) at the northeast corner of said Lot 3; thence run North 89°-59'-40" West along said Remainder Parcel and along the north line of said Lot 3 a distance of 382.40 feet to the Point of Beginning. The described parcel contains 8.70 Acres, more or less. And;
PARCEL 3: Zoning Parcel “B”
State of Alabama, County of Baldwin
A portion of the Remainder Parcel shown on the plat of Second Minor Subdivision of Magnolia Walk, as recorded on Slide 3011-F of the records in the office of the Judge of Probate, Baldwin County, Alabama;
More particularly described as follows:
Beginning at a capped rebar (SSMC) at the southwest corner of Lot 3, Second Minor Subdivision of Magnolia Walk, as recorded on Slide 3011-F of the records in the office of the Judge of Probate, Baldwin County, Alabama; thence run South 89°-59'-52" East along the south line of said Lot 3 and along the Remainder Parcel shown on said Second Minor Subdivision of Magnolia Walk a distance of 317.49 feet to a capped rebar (SSMC); thence run South 22°-27'-59" West a distance of 128.08 feet; thence run South 04°-54'-42" East a distance of 69.85 feet; thence run South 49°-34'-44" East a distance of 91.85 feet; thence run South 15°-06'-58" East a distance of 361.30 feet; thence run South 00°-13'-13" East a distance of 560.11 feet; thence run southeastwardly along the arc of a curve to the right (having a delta of 26°-46'-12", a radius of 200.00 feet, a chord bearing of South 73°-23'-06" East, and a chord length of 92.60 feet) an arc length of 93.44 feet; thence run South 60°-00'-00" East a distance of 66.55 feet; thence run southeastwardly along the arc of a curve to the left (having a delta of 30°-00'-00", a radius of 176.00 feet, a chord bearing of South 75°-00'-00" East, and a chord length of 91.10 feet) an arc length of 92.15 feet; thence run North 90°-00'-00" East a distance of 112.13 feet; thence run South 00°-00'-00" East a distance of 24.00 feet; thence run North 90°-00'-00" West a distance of 1.19 feet; thence run southwestwardly along the arc of a curve to the left (having a delta of 89°-53'-14", a radius of 35.00 feet, a chord bearing of South 45°-03'-23" West, and a chord length of 49.45 feet) an arc length of 54.91 feet; thence run South 00°-06'-46" East a distance of 63.73 feet; thence run southeastwardly along the arc of a curve to the left (having a delta of 44°-14'-22", a radius of 75.00 feet, a chord bearing of South 22°-13'-57" East, and a chord length of 56.48 feet) an arc length of 57.91 feet to the south line of said Remainder Parcel and the north right-of-way line of Miflin Road (90' r/w); thence run South 89°-47'-14" West along the south line of said Remainder Parcel and along said right-of-way line a distance of 767.28 feet to the southwest corner of said Remainder Parcel and the east right-of-way line of Foley Beach Express (200' r/w); thence run North 00°-13'-00" West along the west line of said Remainder Parcel and along said east right-of-way line a distance of 1,417.57 feet to the Point of Beginning. The described parcel contains 14.49 Acres, more or less.
Section 2: That the official Zoning Map of the City of Foley be revised to indicate this amendment and duly certified by the appropriate municipal officials.
Section 3: This Ordinance shall become effective immediately upon its adoption as required by law.