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ORDINANCE AMENDING ORDINANCE NO. 387-87 REZONING PROPERTY OWNED BY JBW INVESTMENTS, LLC FROM B1A - EXTENDED BUSINESS DISTRICT AND PDD - PLANNED DEVELOPMENT DISTRICT 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 new Zoning Ordinance and Zoning Map for the City of Foley which has subsequently been amended, and
WHEREAS, the Planning Commission has recommended approval of this rezoning, 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 accepted the following changes:
Section 1. That the official Zoning Map of the City of Foley, Alabama be amended to rezone the portion of property previously zoned B1A - Extended Business District and PDD - Planned Development District to PUD - Planned Development District, said property description as follows:
LEGAL DESCRIPTION:
LOT 8, OF THE RESUBDIVISION OF 1B OF THE REPLAT OF LOT 7, OF THE REPLAT OF WOERNER’S TWO LOTS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED ON SLIDE 2946-E & F, IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 5 OF THE RESUBDIVISION OF LOT 1 OF THE REPLAT OF WOERNER’S TWO LOTS, AS SHOWN ON PLAT THEREOF RECORDED ON SLIDE 2708 D & E IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA; THENCE RUN SOUTH 89°57'51" EAST A DISTANCE OF 1290.94 FEET TO A 5/8" IRON REBAR WITH CAP (CA#1196) LYING ON THE WESTERLY RIGHT-OF-WAY OF SOUTH JUNIPER STREET (100’ WIDE PUBLIC R.O.W.); THENCE RUN SOUTH 00°17'39" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 15.44 FEET TO A 5/8" IRON REBAR WITH CAP (CA#1196); THENCE RUN SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY AND A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 650.00 FEET, AN ARC LENGTH OF 869.33 FEET, A CHORD BEARING SOUTH 38°18'52" WEST, AND A CHORD DISTANCE OF 805.97 FEET TO A 5/8" IRON REBAR WITH CAP (CA#1196); THENCE RUN SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY AND A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 996.00 FEET, AN ARC LENGTH OF 552.76 FEET, A CHORD BEARING SOUTH 60°43'48" WEST, AND A CHORD DISTANCE OF 545.70 FEET TO A 5/8" IRON REBAR WITH CAP (CA#1196); THENCE RUN SOUTH 44°49'52" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 291.95 FEET TO A 5/8" IRON REBAR WITH CAP (CA#1196); THENCE RUN SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY AND A CURVE TO THE RIGHT HAVING A RADIUS OF 452.91 FEET, AN ARC LENGTH OF 136.40 FEET, A CHORD BEARING SOUTH 53°27'32" WEST, AND A CHORD DISTANCE OF 135.89 FEET TO A 5/8" IRON REBAR WITH CAP (CA#1196); THENCE LEAVING SAID RIGHT-OF-WAY NORTH 00°00'23" WEST A DISTANCE OF 362.70 FEET TO A 5/8" IRON REBAR WITH CAP (CA#1196); THENCE CONTINUE NORTH 00°00'24" WEST A DISTANCE OF 510.68 FEET TO A 5/8" IRON REBAR WITH CAP (CA#156) TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE CONTINUE NORTH 00°00'24" WEST ALONG THE EAST LINE OF SAID LOT 5 A DISTANCE OF 330.00 FEET TO A 5/8" IRON REBAR WITH CAP (CA#007) TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL CONTAINING 21.54 ACRES, MORE OR LESS.
LOT 1A, OF THE RESUBDIVISION OF LOT 1 OF THE REPLAT OF WOERNER’S TWO LOTS, AS SHOWN ON PLAT THEREOF RECORDED ON SLIDE 2888-D AND 2888-E IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN OLD 3/4" BUGGY AXLE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 8 SOUTH, RANGE 4 EAST, BALDWIN COUNTY, ALABAMA; thence run north 89°53'53" west ALONG THE SOUTH LINE OF SAID LOT 1A a distance of 1417.16 feet to a 5/8" IRON REBAR WITH CAP (ca#1196) LYING ON THE EASTERLY RIGHT-OF-WAY OF SOUTH JUNIPER STREET (100’ WIDE R.O.W.); thence run northeasterly along SAID RIGHT-OF-WAY AND a non-tangent curve to the left having a radius of 549.60 feet, an arc length of 251.82 feet, a chord bearing north 57°57'26" east, and a chord distance of 249.62 feet to a 5/8" IRON REBAR WITH CAP (ca#1196); thence run north 44°49'52" east along SAID RIGHT-OF-WAY a distance of 291.95 feet to a 5/8" IRON REBAR WITH CAP (ca#1196); thence run northeasterly along SAID RIGHT-OF-WAY AND a non-tangent curve to the right having a radius of 911.31 feet, an arc length of 497.04 feet, a chord bearing north 60°43'48" east, and a chord distance of 490.91 feet to a 5/8" IRON REBAR WITH CAP (ca#1196); thence run northeasterly along SAID RIGHT-OF-WAY AND a reverse curve to the left having a radius of 754.58 feet, an arc length of 1001.71 feet, a chord bearing north 38°19'29" east, and a chord distance of 929.76 feet to a 5/8" IRON REBAR WITH CAP (ca#1196); thence LEAVING SAID RIGHT-OF-WAY run south 00°13'19" west ALONG THE EAST LINE OF SAID LOT 1A a distance of 1311.44 feet to the point of beginning; Said described parcel containing 16.28 acres, more or less.
BEGINNING AT A BUGGY AXLE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 8 SOUTH, RANGE 4 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN SOUTH 00°03'58" EAST A DISTANCE OF 329.94 FEET TO A 1/2" IRON REBAR LYING AT THE NORTHEAST CORNER OF COLLIN WOOD SUBDIVISION AS SHOWN ON PLAT THEREOF RECORDED ON SLIDE 2124-F IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA; THENCE RUN NORTH 89°56'52" WEST ALONG THE NORTH LINE OF SAID SUBDIVISION A DISTANCE OF 1690.55 FEET TO A 5/8” IRON REBAR WITH CAP (CA#1196), SAID IRON REBAR WITH CAP LYING 174.38 BEYOND THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE RUN NORTH 00°01'23" EAST A DISTANCE OF 301.41 FEET TO A 5/8” IRON REBAR WITH CAP (CA#1196) LYING ON THE SOUTH RIGHT-OF-WAY OF SOUTH JUNIPER STREET (100’ WIDE PUBLIC R.O.W.); THENCE RUN SOUTH 89°54'08" EAST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 94.58 FEET TO A 5/8” IRON REBAR WITH CAP (CA#1196); THENCE RUN EASTERLY ALONG SAID SOUTH RIGHT-OF-WAY AND A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 545.67 FEET, AN ARC LENGTH OF 181.57 FEET, A CHORD BEARING NORTH 80°33'22" EAST, AND A CHORD DISTANCE OF 180.73 FEET TO A 5/8" IRON REBAR WITH CAP (CA#1196); THENCE LEAVING SAID SOUTH RIGHT-OF-WAY RUN SOUTH 89°53'56" EAST A DISTANCE OF 1417.19 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 12.68 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.