NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, January 6, 2015, at 7:00 p.m. in the City Council Chambers of the Municipal Building, 204 S. 7th Street, Opelika, Lee County, Alabama.


The purpose of said Public Hearing will be to consider the adoption of an ordinance to amend the Development Plan for Academy Estates PUD.  The Development Plan for Academy Estates PUD was approved by the City Council as required by Section 8.18(n) of the Zoning Ordinance.  At said Public Hearing all who desire to be heard shall have the opportunity to speak for or in opposition to the adoption of the following ordinance:

ORDINANCE NO. ________



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)  Preston Holdings, LLC heretofore submitted to the City a Development Plan for a planned unit development (“PUD”) entitled “Academy Estates PUD” consisting of approximately 99 acres.

(b)  Pursuant to Ordinance 116-05, the City Council approved said Development Plan for Academy Estates PUD and amended the official Zoning Map of the City to designate the zoning classification of Planned Unit Development (“PUD”) for approximately 99 acres located on the west of Veterans Parkway, east of Lee-Scott Academy and on Academy Drive.

(c)  Academy Estates is a mixed residential development consisting of patio homes, townhomes, condominiums and apartment buildings.

(d)  Auburn at the Estates, LLC, the owner of certain lots on parcels in Academy Estates PUD has heretofore submitted to the City a proposed Amended Development Plan for the Academy Estates PUD.

(e)  The original parcel lines within the PUD are outdated and need to be adjusted based on the current property boundaries and the development within the PUD.

(f)   The associated parcel density requirements have been realigned in the Amended Development Plan to coincide with the updated parcels.

(g)    Approximately 66 acres of the original 99 acres within Academy Estates PUD have been developed.

(h)   The Amended Development Plan describes the concept of development, including the character and use of properties, both as they exist and as proposed.

(i)    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.

(j)    The Planning Commission of the City of Opelika heretofore conducted a public hearing on the proposed Amended Development Plan.

(k)  The Planning Commission sent a positive recommendation to the City Council to approve the Amended Development Plan for Academy Estates PUD.

(l)  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 Academy Estates 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) time in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.

WITNESS my hand this the 12th day of December, 2014.

/s/ R. G. Shuman


Legal run 12/12/14