NOTICE OF PUBLIC HEARING CITY OF HANCEVILLE City Council Pursuant to the instructions of the City Council of the City of Hanceville, notice is hereby given that the proposed ordinance set forth will be considered by the City Council on Thursday, September 24, 2015 for passage. A public hearing will be held at 6:30 p.m., Thursday, September 24, 2015, in the Hanceville City Hall Council Chambers, located at 112 Main Street SE, Hanceville, Alabama, 35077, regarding Ordinance No. 608. All interested citizens shall have the opportunity to be heard for or against the passage of Ordinance No. 608 during this public hearing. ORDINANCE 608 AN AMENDMENT TO ZONING ORDINANCE NO. 510 INCLUDING THE ZONING MAP. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HANCEVILLE, ALABAMA, AS FOLLOWS: 1. The public health, safety, morals and general welfare requiring it under authority granted by Article 4, Sections 11-52-70 through 11-52-79, Code of Alabama, 1975, as amended and the Zoning Ordinance of the City of Hanceville, Alabama Ordinance No. 510, adopted the 1st day of May, 2006, as amended, and more particularly the Hanceville, Alabama zoning map as a part thereof, is hereby amended, changed and modified as follows: (a) That the real estate being the property of Skinner Group LLC, located in the City of Hanceville, Cullman County, currently zoned as B-1 will be re-zoned to B-2, described as follows, to-wit: Parcel II: Hanceville-unimproved A tract or parcel of land being a part of the Southeast Quarter of the Southeast Quarter of Section 18, Township 11 South, Range 2 West, Cullman County, Alabama and being more particularly described as follows: Commence at a found railroad spike marking the Southeast Corner of said Quarter-Quarter, (from which point a found rebar marking the accepted Northeast corner of said Quarter-Quarter bears North 00 degrees 24 minutes 44 seconds West, 1313.09 feet) and run North 02 degrees 49 minutes 45 seconds West, a distance of 372.44 feet to a set rebar marking the West right-of-way line of Hopewell road; thence run North 00 degrees 45 minutes 52 seconds West, and run along said West right-of-way line, a distance of 667.38 feet to a set rebar marking the point of beginning; thence run South 42 degrees 56 minutes 35 seconds West, a distance of 671.09 feet to a point on the Northeasterly right-of-way line of U.S. Highway No. 31; thence South 42 degrees 56 minutes 41 seconds East along said Northeasterly right-of-way of U.S. Highway 31 a chord bearing and distance of 308.62 feet to a point; thence North 47 degrees 09 minutes 04 seconds East, a distance of 230.00 feet to a point; thence South 89 degrees 14 minutes 08 seconds East a distance of 119.39 feet to a point on the Westerly right-of-way line of Hopewell Road; thence North 00 degrees 45 miuntes 52 seconds West along said right-of-way line of Hopewell Road a distance of 525.15 feet to the point of beginning. Less and Except: Garcia Tract A tract or parcel of land being a part of the Southeast Quarter of the Southeast Quarter of Section 18, Township 11 South, Range 2 West, Cullman County, Alabama and being more particularly described as follows: Commence at a found railroad spike marking the Southeast corner of said Quarter, and run North 00 degrees 24 minutes 44 seconds West along the East line thereof, a distance of 372.77 feet; thence run South 87 degrees 10 minutes 15 seconds West, a distance of 15.71 feet to a set rebar marking the West right-of-way line of Hopewell Road; thence South 59 Degrees 50 minutes 51 seconds West, leaving said West right-of-way line, a distance of 230.16 feet to a found rebar on the Northeast right-of-way line of U.S. Highway #31, said point also being on a curve; thence Northwesterly along said right-of-way and along a curve to the left having a radius of 5803.56 feet, a chord bearing and distance of North 42 degrees 19 minutes 08 seconds, West, 135.00 feet to a set rebar; thence North 42 degrees 56 minutes 41 seconds West, along said Northeast right-of-way line, a distance of 150.00 feet to a set rebar, the point of beginning; thence continue North 42 degrees 56 minutes 41 seconds West, along said Northeast right-of-way line, a distance of 118.62 feet to a set rebar: thence North 47 degrees 03 minutes 25 seconds East, leaving said Northeast right-of-way line, a distance of 145.00 feet to a set rebar; thence South 42 degrees 56 minutes 41 seconds East, a distance of 118.86 feet to a set rebar; thence South 47 degrees 09 minutes 04 seconds West, a distance of 145.00 feet to the point of beginning. ALSO LESS AND EXCEPT-Dairy Queen A tract or parcel of land containing 0.81 acre of land, more or less and being a part of the Southeast Quarter of the Southeast Quarter of Section 18, Township 11 South, Range 2 West, Cullman County, Alabama and being more particularly described as follows: Commence at a found railroad spike marking the Southeast Corner of said Quarter and run North 00 degrees 24 minutes 44 seconds West along the East line thereof, a distance of 372.77 feet; thence run South 87 degrees 10 minutes 15 seconds West, a distance of 15.71 feet to a set rebar marking the West right of way line of Hopewell Road; thence run North 00 degrees 45 minutes 52 seconds West, and run along said West right of way line, a distance of 142.23 feet to a set rebar; thence run South 89 degrees 14 minutes 08 seconds West, a distance of 111.85 feet to a set rebar and the point of beginning; thence South 89 degrees 14 minutes 08 seconds West, a distance of 7.54 feet to a set rebar; thence South 47 degrees 09 minutes 04 seconds West, a distance of 230.00 feet to a set rebar on the Northeast right of way line of U.S. Highway No. 31 (150' right of way) said point also being a curve; thence Northwesterly along said right of way and along a curve to the left having a radius of 5803.56 feet, a chord bearing and distance of North 42 degrees 56 minutes 41 seconds West, 150.00 feet to a set rebar; thence North 47 degrees 09 minutes 04 seconds East leaving said right of way a distance of 235.59 feet to a set rebar; thence South 42 degrees 56 minutes 35 seconds East, a distance of 155.05 feet to the point of beginning. 2. That this Ordinance has been published once each week for two (2) successive weeks, prior to passage, within the City of Hanceville, Alabama, and the publication of said notice and ordinance being verbatim. That a public hearing has been held relative to the passage of this ordinance on the 24th day of August, 2015 at 6:30 p.m. at which time interested parties and citizens had opportunity to be heard concerning said ordinance and any changes relating thereto. 3. That all notices as required by law were given by the City Clerk concerning said public hearing. 4. That upon final passage of this ordinance, all zoning maps, master comprehensive plans or any other documents of the City of Hanceville, Alabama, in conflict with this ordinance be and are hereby changed and amended to reflect the changes and amendments herein. 5. Should any part or portion of this ordinance be held invalid, unenforceable or unconstitutional, for whatever reason, by a court of competent jurisdiction, such ruling shall not affect any other part or portion of this ordinance. 6. THEREFORE BE IT RESOLVED, that the above described property is zoned B-2 and that the appropriate action be taken to change and modify the City Zoning Map to so reflect the said land as B-2. 7. This ordinance adopted___day of________,_____shall take effect after its publication as required by law, including notice, publication and public hearing, all in accordance with Section 11-52-1, et seq., Code of Alabama 1975, as amended. Mayor Kenneth Nail ATTEST: Tania C. Wilcox, MMC City Clerk
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