Title
OWA Entertainment District
body
AN ORDINANCE ESTABLISHING AN ENTERTAINMENT DISTRICT AT OWA
WHEREAS, the City deems it necessary to create an Entertainment District to benefit the City with a Planned Development that compliments the resort and tourism economy;
WHEREAS, Code of Alabama Section 28-3A-17.1 allows any municipality which is located 15 miles north of the Gulf of Mexico to establish up to five (5) entertainment districts;
WHEREAS, the district must contain a minimum of four (4) licensees holding liquor licenses and the district may not exceed a half mile (½) by a half mile (½) area but can be irregularly shaped but shall not exceed 160 arces; more specifically as shown on the attached Exhibit “A”.
WHEREAS, OWA is a Planned Development destination that includes amusement areas, retail, dining and entertainment areas, outdoor entertainment areas, hotels and similar uses;
WHEREAS, establishing an entertainment district will support existing and future restaurants and other similar uses by allowing patrons to purchase alcoholic beverages in those establishments and consume them anywhere within the District but may not enter another licensed premise with open or closed containers of alcoholic beverages acquired elsewhere. No Licensee within the District shall allow alcoholic beverages to be removed from the licensed premises in bottles or glass containers.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA while in regular session accepted the following:
Section 1.
(a) A map/legal description of the entertainment district that meets the criteria;
(b) Established the OWA Entertainment District.
Entertainment District Legal Description
Beginning at the southeast corner of Lot 2-A of BC Foley Plat 2 as per plat recorded on slide no. 2567-F in the records of the Judge of Probate of Baldwin County, Alabama; Thence run N 00° 00' 05" W 318.69 feet to a point; Thence run S 89° 59' 55" W 405.47 feet to a point; Thence run N 00° 00' 05" W 136.69 feet to a point; Thence run N 89° 59' 55" E 458.67 feet to a point; Thence run N 00° 00' 05" W 36.00 feet to a point; Thence run N 89° 59' 55" E 38.39 feet to a point; Thence run N 00° 00' 05" W 289.33 feet to a point; Thence run S 89° 59' 55" W 38.39 feet to a point; Thence run N 00° 00' 05" W 36.00 feet to a point; Thence run S 89° 59' 55" W 458.67 feet to a point; Thence run N 00° 00' 05" W 136.69 feet to a point; Thence run N 89° 59' 55" E 405.47 feet to a point; Thence run S 46° 04' 26" E 131.23 feet to a point; Thence run S 51° 20' 47" E 58.76 feet to a point; Thence run N 63° 34' 08" E 181.02 feet to a point; Thence run N 26° 25' 52" W 10.46 feet to a point; Thence run N 26° 25' 52" W 88.99 feet to a point; Thence run N 65° 13' 28" E 136.89 feet to a point; Thence run N 89° 59' 55" E 253.55 feet to a point; Thence run N 00° 00' 00" W 219.47 feet to a point; Thence run N 89° 59' 55" E 264.20 feet to the beginning of a curve; Said curve turning to the left through an angle of 54° 50' 11", having a radius of 345.00 feet, and whose long chord bears N 62° 34' 49" E 317.73 feet to a point of intersection with a non-tangential line; Thence run S 45° 00' 00" E 311.49 feet to the beginning of a curve; Said curve turning to the right through 89° 48' 33", having a radius of 13.00 feet, and whose long chord bears S 00° 05' 43" E 18.35 feet to the beginning of a non-tangential curve; Said curve turning to the left through 92° 32' 25", having a radius of 45.05 feet, and whose long chord bears S 01° 16' 18" W 65.10 feet to the beginning of a non-tangential curve; Said curve turning to the right through an angle of 89° 59' 55", having a radius of 3.00 feet, and whose long chord bears S 00° 00' 03" W 4.24 feet to a point; Thence run S 45° 00' 00" W 19.00 feet to a point; Thence run S 45° 00' 00" E 227.03 feet to the beginning of a non-tangential curve; Said curve turning to the left through an angle of 125° 55' 19", having a radius of 97.77 feet, and whose long chord bears S 45° 00' 00" E 174.17 feet to a point of intersection with a non-tangential line; Thence run S 44° 57' 39" E 781.81 feet to a point; Thence run N 45° 00' 00" E 546.17 feet to a point; Thence run S 44° 38' 20" E 123.24 feet to the beginning of a curve; Said curve turning to the right through an angle of 44° 22' 29", having a radius of 305.00 feet, and whose long chord bears S 22° 27' 06" E 230.36 feet to a point; Thence run S 00° 15' 52" E 258.66 feet to the beginning of a curve; Said curve turning to the left through an angle of 62° 41' 55", having a radius of 300.00 feet, and whose long chord bears S 31° 36' 49" E 312.15 feet to a point; Thence run S 62° 57' 46" E 6.82 feet to the beginning of a curve; Said curve turning to the right through an angle of 62° 46' 08", having a radius of 200.00 feet, and whose long chord bears S 31° 34' 42" E 208.31 feet to a point; Thence run S 00° 11' 38" E 162.75 feet to the beginning of a curve; Said curve turning to the right through an angle of 47° 47' 25", having a radius of 200.00 feet, and whose long chord bears S 23° 42' 04" W 162.03 feet to a point; Thence run S 47° 35' 47" W 21.95 feet to the beginning of a curve; Said curve turning to the right through an angle of 42° 35' 05", having a radius of 200.00 feet, and whose long chord bears S 68° 53' 19" W 145.25 feet to a point; Thence run N 89° 49' 08" W 569.97 feet to the beginning of a curve; Said curve turning to the right through an angle of 31° 14' 12", having a radius of 300.00 feet, and whose long chord bears N 74° 12' 03" W 161.54 feet to a point; Thence run N 58° 34' 57" W 315.33 feet to the beginning of a curve; Said curve turning to the left through 29° 55' 46", having a radius of 400.00 feet, and whose long chord bears N 73° 32' 50" W 206.58 feet to the beginning of a non-tangential curve; Said curve turning to the right through 13° 16' 11", having a radius of 452.50 feet, and whose long chord bears N 81° 52' 37" W 104.57 feet to the beginning of a non-tangential curve; Said curve turning to the right through 47° 10' 35", having a radius of 65.50 feet, and whose long chord bears N 51° 39' 15" W 52.42 feet to the beginning of a non-tangential curve; Said curve turning to the left through 113° 24’ 33”, having a radius of 94.00 feet, and whose long chord bears N 84° 46' 14" W 157.14 feet to the beginning of a non-tangential curve; Said curve turning to the right through an angle of 51° 10' 26", having a radius of 65.50 feet, and whose long chord bears S 64° 06' 43" W 56.58 feet to a point; Thence run S 89° 41' 56" W 50.35 feet to a point; Thence run N 00° 18' 04" W 335.01 feet to a point; Thence run N 89° 29' 09" W 361.91 feet to a point; Thence run S 00° 30' 51" W 16.50 feet to the beginning of a curve; Said curve turning to the right through an angle of 90° 00' 00", having a radius of 5.00 feet, and whose long chord bears S 45° 30' 51" W 7.07 feet to a point; Thence run N 89° 29' 09" W 5.27 feet to the beginning of a curve; Said curve turning to the right through an angle of 44° 29' 09", having a radius of 50.00 feet, and whose long chord bears N 67° 14' 34" W 37.85 feet to a point; Thence run N 45° 00' 00" W 32.46 feet to the beginning of a curve; Said curve turning to the right through 67° 45' 02", having a radius of 25.00 feet, and whose long chord bears N 11° 07' 29" W 27.87 feet to the beginning of a non-tangential curve; Said curve turning to the left through 221° 13' 29", having a radius of 78.00 feet, and whose long chord bears N 87° 51' 43" W 146.01 feet to the beginning of a non-tangential curve; Said curve turning to the right through an angle of 63° 28' 27", having a radius of 25.00 feet, and whose long chord bears S 13° 15' 47" W 26.30 feet to a point; Thence run S 45° 00' 00" W 243.09 feet to a point; Thence run S 45° 00' 00" W 14.00 feet to a point; Thence run N 45° 00' 00" W 197.97 feet to a point; Thence run N 45° 00' 00" W 34.62 feet to the beginning of a curve; Said curve turning to the left through an angle of 45° 00' 05", having a radius of 300.00 feet, and whose long chord bears N 67° 30' 03" W 229.62 feet to a point; Thence run S 89° 59' 55" W a distance of 105.61 feet to the point of beginning.
Said above described property lying and being situated in Section 3, Township 8 South, Range 4 East, Baldwin County, Alabama and contains 3,675,212 square feet or 84.37 acres, more or less.
Section 2. The terms and provisions of this ordinance are severable. If any part or portion of this ordinance is declared invalid, void, or unconstitutional, that portion shall be deemed severed, and the remaining portions of the ordinance shall remain in full force and effect.
Section 3. All ordinances or parts of ordinances, in any manner conflicting herewith are hereby repealed.
Section 4. This ordinance shall become effective upon its publication as required by law.