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ORDINANCE AMENDING ORDINANCE NO. 387-87 REZONING PROPERTY OWNED BY WLG#10 LLC FROM PUD - Planned Unit Development TO PUD - Planned Unit Development
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WHEREAS, the City of Foley, Alabama, adopted Ordinance No. 387-87 on June 15, 1987, ordaining a Zoning Ordinance and Zoning Map for the City of Foley which has subsequently been amended, and
WHEREAS, the City of Foley has received a request that specific property within the City be re-zoned, 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 May 19, 2016 as follows:
(AS PER INSTRUMENT #10935554)
BEING A PARCEL OF LAND LYING IN THE NORTH HALF OF SECTION 13, TOWNSHIP 8 SOUTH, RANGE 4 EAST, BALDWIN COUNTY, ALABAMA, AND ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 13, THENCE SOUTH 44 DEGREES 45 MINUTES 51 SECONDS EAST, 56.51 FEET TO THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY OF BALDWIN COUNTY ROAD NO 12 WITH THE EAST RIGHT OF WAY OF WOLF BAY DRIVE, SAME ALSO BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, THENCE SOUTH 89 DEGREES 49 MINUTES 12 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAY 2671.50 FEET, THENCE SOUTH 00 DEGREES 13 MINUTES 52 SECONDS EAST, 1158.50 FEET TO THE CENTER OF OWENS CREEK, THENCE EASTERLY, ALONG THE MEANDERS OF SAID CENTER OF SAID CREEK THE FOLLOWING FORTY-ONE (41) BEARINGS END DISTANCES (01) SOUTH 81 DEGREES 20 MINUTES 58 SECONDS EAST, 27.44 FEET, (02) NORTH 31 DEGREES 47 MINUTES 56 SECONDS EAST, 117.66 FEET, (03) NORTH 83 DEGREES 39 MINUTES 35 SECONDS EAST, 18.11 FEET, (04) SOUTH 04 DEGREES 01 MINUTES 42 SECONDS WEST, 142.35 FEET, (05) SOUTH 72 DEGREES 38 MINUTES 46 SECONDS EAST, 33.53 FEET, (06) NORTH 77 DEGREES 28 MINUTES 16 SECONDS EAST, 46.10 FEET, (07) NORTH 41 DEGREES 59 MINUTES 14 SECONDS EAST, 67.27 FEET, (08) NORTH 29 DEGREES 03 MINUTES 17 SECONDS EAST, 51 48 FEET, (09) NORTH 17 DEGREES 21 MINUTES 14 SECONDS WEST, 83.81 FEET, (10) NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST, 35.36 FEET, (11) SOUTH 75 DEGREES 57 MINUTES 50 SECONDS EAST, 20.62 FEET, (12) SOUTH 31 DEGREES 33 MINUTES 43 SECONDS EAST, 82.15 FEET, (13) SOUTH 68 DEGREES 02 MINUTES 22 SECONDS EAST, 66.85 FEET, (14) NORTH 51 DEGREES 02 MINUTES 39 SECONDS EAST, 60.44 FEET, (15), NORTH 62 DEGREES 44 MINUTES 41 SECONDS EAST, 37.12 FEET, (16) SOUTH 85 DEGREES 27 MINUTES 44 SECONDS EAST, 63.20 FEET, (17) SOUTH 82 DEGREES 08 MINUTES 48 SECONDS EAST, 87.82 FEET, (18) SOUTH 44 DEGREES 27 MINUTES 16 SECONDS EAST, 74.25 FEET, (19) SOUTH 09 DEGREES 17 MINUTES 36 SECONDS WEST, 55.73 FEET, (20) SOUTH 26 DEGREES 33 MINUTES 54 SECONDS EAST, 44.72 FEET, (21) SOUTH 59 DEGREES 32 MINUTES 04 SECONDS EAST, 39.45 FEET, (22) SOUTH 85 DEGREES 27 MINUTES 44 SECONDS EAST, 63.20 FEET, (23) SOUTH 68 DEGREES 11 MINUTES 55 SECONDS EAST, 32.31 FEET, (24) SOUTH 33 DEGREES 41 MINUTES 24 SECONDS EAST, 21.63 FEET, (25) SOUTH 28 DEGREES 36 MINUTES 38 SECONDS WEST, 25.06 FEET, (26) SOUTH 84 DEGREES 17 MINUTES 22 SECONDS WEST, 30.15 FEET, (27) NORTH 85 DEGREES 27 MINUTES 44 SECONDS WEST, 63.20 FEET, (28) SOUTH 52 DEGREES 21 MINUTES 09 SECONDS WEST, 44 20 FEET, (29) SOUTH 39 DEGREES 48 MINUTES 20 SECONDS WEST 62.48 FEET, (30) SOUTH 59 DEGREES 02 MINUTES 10 SECONDS EAST, 46.65 FEET, (31) SOUTH 88 DEGREES 21 MINUTES 48 SECONDS EAST, 35.01 FEET, (32) NORTH 78 DEGREES 20 MINUTES 27 SECONDS EAST, 64.33 FEET, (33) NORTH 54 DEGREES 07 MINUTES 49 SECONDS EAST, 80.21 FEET, (34) NORTH 46 DEGREES 23 MINUTES 50 SECONDS EAST, 29.00 FEET, (25) SOUTH 71 DEGREES 33 MINUTES 54 SECONDS EAST, 9.49 FEET, (36) SOUTH 03 DEGREES 33 MINUTES 06 SECONDS WEST, 145.28 FEET, (37) NORTH 86 DEGREES 16 MINUTES 07 SECONDS EAST, 46.10 FEET, (38) SOUTH 43 DEGREES 36 MINUTES 10 SECONDS EAST, 58.00 FEET, (39) NORTH 56 DEGREES 53 MINUTES 19 SECONDS EAST, 54.92 FEET, (40) SOUTH 66 DEGREES 48 MINUTES 05 SECONDS EAST, 15.23 FEET, (41) NORTH 22 DEGREES 32 MINUTES 54 SECONDS EAST, 58.24 FEET, THENCE SOUTH 00 DEGREES 13 MINUTES 09 SECONDS WEST, 1149.86 FEET TO THE NORTH RIGHT OF WAY OF SAID WOLF BAY DRIVE, THENCE SOUTH 89 DEGREES 57 MINUTES 22 SECONDS WEST, ALONG SAID NORTH RIGHT OF WAY, 1018.20 FEET, THENCE SOUTH 89 DEGREES 57 MINUTES 42 SECONDS WEST, CONTINUING ALONG SAID NORTH RIGHT OF WAY 2642.23 FEET TO THE P.C. OF A CURVE IN SAID RIGHT OF WAY HAVING A RADIUS OF 37.32 FEET, THENCE NORTHWESTERLY, 58.53 FEET ALONG THE ARC OF SAID CURVE, A CHORD BEARING AND DISTANCE OF NORTH 44 DEGREES 52 MINUTES 40 SECONDS WEST, 52.92 FEET TO THE P.T. OF SAID CURVE AND ALSO BEING ON THE EAST RIGHT OF WAY OF WOLF BAY DRIVE, THENCE NORTH 00 DEGREES 16 MINUTES 59 SECONDS EAST, ALONG SAID EAST RIGHT OF WAY, 2540.15 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN
LESS AND EXCEPT
COMMENCING AT AN OLD CAPPED IRON PIPE AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY OF BALDWIN COUNTY ROAD NO 12 AND THE EAST RIGHT OF WAY OF WOLF BAY DRIVE, THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE SAID SOUTH RIGHT OF WAY FOR 1201.00 FEET TO A 1/2 INCH REBAR SET AND THE POINT OF BEGINNING, THENCE CONTINUE ALONG SAID SOUTH RIGHT OF WAY NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST FOR 250.00 FEET TO 1/2 INCH REBAR SET, THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST FOR 150.00 FEET TO A 1/2 INCH REBAR SET, THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST FOR 250.00 FEET TO A 1/2 INCH REBAR SET, THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST FOR 150.00 FEET TO THE POINT OF BEGINNING, LYING IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 8 SOUTH, RANGE 4 EAST, BALDWIN COUNTY, ALABAMA
ALSO LESS AND EXCEPT
COMMENCING AT THE NORTHWEST CORNER OF SECTION 13, TOWNSHIP 8 SOUTH, RANGE 4 EAST, BALDWIN COUNTY, ALABAMA, RUN THENCE SOUTH 00 DEGREES 10 MINUTES 40 SECONDS WEST, 40 FEET, THENCE SOUTH 89 DEGREES 47 MINUTES 10 SECONDS EAST, 39.40 FEET TO THE INTERSECTION OF SOUTH RIGHT OF WAY LINE OF BALDWIN COUNTY ROAD NUMBER 12 (AKA SATSUMA BEACH ROAD 80' R 0 W) AND THE EAST RIGHT OF WAY LINE OF WOLF BAY DRIVE (80' R 0 W), THENCE SOUTH 89 DEGREES 55 MINUTES 40 SECONDS EAST ALONG THE SOUTH RIGHT OF WAY LINE OF BALDWIN COUNTY ROAD NUMBER 12 FOR 1921.05 FEET FOR THE POINT OF BEGINNING, THENCE CONTINUE SOUTH 89 DEGREES 55 MINUTES 40 SECONDS EAST ALONG THE SOUTH RIGHT OF WAY OF SAID BALDWIN COUNTY ROAD NUMBER 12 FOR 750.00 FEET, THENCE SOUTH 00 DEGREES 00 MINUTES 36 SECONDS EAST, 450.00 FEET, THENCE NORTH 58 DEGREES 59 MINUTES 09 SECONDS WEST, 875.20 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID ROAD AND THE POINT OF BEGINNING CONTAINING 3.87 ACRES, MORE OR LESS, AND BEING A PORTION OF THE SOUTHEAST QUARTER OF AND LYING IN SECTION 13, TOWNSHIP 8 SOUTH, RANGE 4 EAST, BALDWIN COUNTY, ALABAMA
SECTION 2. That said property is rezoned to PUD subject to the additional restrictions, covenants and limitations contained on said drawing presented by the applicant to the City Council on this date, which drawing is attached hereto and incorporated herein by reference and which include but are not limited to the following:
(1) Single family homes will be a minimum of 2,000 square feet first floor exclusive of garages;
(2) All lots will be a minimum of 7,500 square feet with a minimum 10' setback on all sides;
(3) Maximum of 2 exits onto Wolf Bay Drive from the development as currently shown on the drawings;
(4) A maximum of 311 lots as depicted on the latest drawing;
(5) A green space barrier along Wolf Bay Drive as depicted in the exhibit done by WAS Design. It includes a vegetated berm topped by a 6' high fence. Width of the berm is 40' on the western boundary and 30' on the southern boundary;
(6) Of the 26 townhome units, the developer is not permitted to make any available for rent, and no person, entity, or combination of related entities can own and make more than one (1) townhouse units available for rent at any given time;
(7) The developer will permit and remove the constructed bridge approaches so as to restore the floodplain to its natural width and flow rate; and,
(8) A conservation easement will be properly established, permitted and maintained by the developer for all delineated wetlands on the property. The conservation easement will protect the wetlands in perpetuity so as to benefit both the development and the downstream areas.
The applicant/owner has specifically agreed to be bound by these special terms, restrictions, covenants, and limitations, and the same shall run with the land and be binding unless expressly changed by the City Council of Foley after a recommendation from the Planning Commission. In the event of any conflict between the general PUD zoning district regulations and the restrictions contained herein (which are more restrictive), the restrictions contained herein shall apply.
SECTION 3. 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 4: This Ordinance shall become effective immediately upon its adoption as required by law.