ORDINANCE NO. 136-14
AN ORDINANCE TO AMEND THE DEVELOPMENT PLAN
FOR WYNDHAM GATE PUD
BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. Findings. The City Council has determined and hereby finds and declares that the following facts are true and correct:
“(a) Wyndham Properties, LLC heretofore submitted to the City a Development Plan for a planned unit development (“PUD”) entitled “Wyndham Gate PUD” consisting of approximately 640 acres.
(b) Pursuant to Ordinance 109-05, the City Council approved said Development Plan for Wyndham Gate PUD and amended the official Zoning Map of the City to designate the zoning classification of PUD for approximately 640 acres located south of Hall Avenue, west of Marvyn Parkway and east of Society Hill Road.
(c) Wyndham Gate, LLC and Boulder Brook, LLC, owners of lots in Wyndham Gate PUD, have heretofore submitted to the City a proposed Amended Development Plan for the western and southwestern portions of Wyndham Gate PUD.
(d) Copies of the proposed Amended Development Plan are available in the office of the City Clerk and the Planning Department and are open for public inspection.
(e) The Amended Development Plan for the western and southwestern portions of Wyndham Gate PUD provide for the construction of single-family cottages.
(f) The current Development Plan as approved by the City Council provides for the construction of premium single-family residences in the western and northwestern portions of Wyndham Gate PUD and for the construction of townhomes/cluster homes, a swimming pool, open space and a street connection to Gateway Drive in the southwestern portion of the PUD.
(g) The Planning Commission of the City of Opelika heretofore conducted a public hearing on the proposed Amended Development Plan.
(h) The Planning Commission recommended approval of the Amended Development Plan for Wyndham Gate PUD.
(i) It is advisable and in the interest of the City and in the public interest that the Amended Development Plan be approved.
Section 2. Approval of the Amended Development Plan. The Amended Development Plan for Wyndham Gate PUD as submitted for review is hereby approved and confirmed as required by Section 8.18(n) of the Zoning Ordinance of the City.
Section 3. Retention of copies of the Amended Development Plan. Copies of the Amended Development Plan shall be maintained in the offices of the City Clerk, City Planner, City Engineer, and Building Official and shall be open for public inspection.
Section 4. Repealer. Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.
Section 5. Effective Date. This Ordinance shall become effective upon its adoption, approval and publication as required by law.
Section 6. Publication. This Ordinance shall be published one (1) in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 16th day of December, 2014.
/s/ C. E. “Eddie” Smith, Jr., PRESIDENT OF THE CITY COUNCIL OF THECITY OF OPELIKA, ALABAMA
ATTEST:
/s/ R. G. Shuman
CITY CLERK
TRANSMITTED TO MAYOR on this the 16th day of December, 2014.
/s/ R. G. Shumann CITY CLERK
ACTION BY MAYOR
APPROVED this the 16th day of December, 2014.
/s/ Gary Fuller
MAYOR
ATTEST:
/s/ R. G. Shuman
CITY CLERK
Legal run 12/19/14