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ORDINANCE AMENDING ORDINANCE NO. 387-87 REZONING PROPERTY OWNED BY VINTAGE OAKS LLC FROM R3 TO B1A
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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 Monday, August 1, 2016 as follows:
Section 1. That the official Zoning Map of the City of Foley, Alabama be amended to rezone the portion of property previously zoned R3, Residential Multi-Family to B1A, Extended Business District; said property description as follows:
Tax Map No. 05-54-07-35-0-000-005.001, PIN No. 50087
COMMENCING FROM A LIGHTER KNOT POST AT THE SOUTHWEST CORNER OF SECTION 35, TOWNSHIP 7 SOUTH, RANGE 4 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN NORTH 89°47'04" EAST A DISTANCE OF 231.15 FEET TO A 1/2" IRON REBAR WITH CAP ON THE EAST RIGHT-OF-WAY OF FOLEY BEACH EXPRESS; THENCE RUN NORTH 27°46'21" EAST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 0.96 FEET TO A 1/2" IRON REBAR; THENCE RUN NORTHEASTERLY ALONG SAID EAST RIGHT-OF-WAY AND A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2370.05 FEET, AN ARC LENGTH OF 23.40 FEET, A CHORD BEARING NORTH 34°50'34" EAST, AND A CHORD DISTANCE OF 23.40 FEET TO A 1/2" IRON REBAR WITH CAP (CA#604LS) AND THE POINT OF BEGINNING; THENCE CONTINUE NORTHEASTERLY ALONG SAID EAST RIGHT-OF-WAY AND A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2370.05 FEET, AN ARC LENGTH OF 948.22 FEET, A CHORD BEARING NORTH 23°05'54" EAST, AND A CHORD DISTANCE OF 941.91 FEET TO A 1/2" IRON REBAR WITH CAP (CA#604LS); THENCE LEAVING SAID RIGHT-OF-WAY NORTH 89°47'08" EAST A DISTANCE OF 614.35 FEET TO A 1/2" IRON REBAR WITH CAP (CA#604LS); THENCE RUN SOUTH 00°16'48" WEST A DISTANCE OF 514.26 FEET TO A 1/2" IRON REBAR WITH CAP (CA#604LS); THENCE RUN SOUTH 89°32'12" EAST A DISTANCE OF 91.25 FEET TO A 1/2" IRON REBAR WITH CAP (CA#604LS); THENCE RUN SOUTH 00°10'43" WEST A DISTANCE OF 349.70 FEET TO A 1/2" IRON REBAR WITH CAP (CA#604LS) ON THE NORTH RIGHT-OF-WAY OF AN UNOPENED COUNTY ROAD; THENCE RUN SOUTH 89°47'09" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 1071.52 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 15.88 ACRES, MORE OR LESS.
SECTION 2: That the management leasing the apartments/condo units not only have a section in the lease stating the property is in the direct flight path of Barin Field but also verbally make it known to lessee prior to them signing any lease agreement that the property is in the direct flight path of Barin Field, initial that they understand. Any noise complaints resulting from planes flying in the Barin Field flight path are negligible.
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.