NOTICE OF PUBLIC HEARING – (CANNON GATE PUD)
NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, January 7, 2020, at 7:00 p.m. in the City Council Chambers of the Municipal Building, 204 S. 7th Street, Opelika, Lee County, Alabama.
PURPOSE – The purpose of said Public Hearing will be to consider the adoption of an ordinance to amend the Development Plan for Cannon Gate PUD. The Development Plan for Cannon Gate PUD was approved by the City Council as required by Section 8.18(n) of the Zoning Ordinance of the City. 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._
ORDINANCE TO AMEND THE DEVELOPMENT PLAN FOR CANNON 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) Mae’s Pasture, LLC heretofore submitted to the City a Development Plan for a planned unit development (“PUD”) entitled “Cannon Gate PUD” consisting of approximately 163.77 acres.
(b) Pursuant to Ordinance No. 101-07, the City Council approved said Development Plan for Cannon Gate PUD and amended the Official Zoning Map of the City to designate the zoning classification of Planned Unit Development (“PUD”) for approximately 163.77 acres located on the west side of Oakbowery Road and north of Blackhawk Drive.
(c) On June 20, 2017, the City Council approved an amended Development Plan for Phase 2 and a portion of Phase 3 of Cannon Gate PUD.
(d) Cannon Gate Homeowners Association, Inc., has heretofore submitted to the City a proposed amended Cannon Gate PUD which will convert 6.4 acres of open space to private ownership.
(e) The current Development Plan shows 20.1 acres of common area. The proposed amended Development Plan will convert 6.4 acres of common space located in the southeast quadrant of the development to private ownership. The subject property is located adjacent to the west side of Oak Bowery Road and
approximately 4.7 acres of the 6.4 acres is unbuildable because it is located in a100 year floodway or flood plain.
(f) The Planning Commission of the City of Opelika heretofore conducted a public hearing on the proposed amended Development Plan.
(g) The Planning Commission recommended approval of the amended Development Plan for Cannon Gate PUD.
(h) It is advisable and in interest of the City and the public interest that the amended Development Plan be approved.
Section 2. Approval of Amended Development Plan. The amended Development Plan 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 office of the City Clerk, City Planner, City Engineer, and Building Official and shall be open for public inspection.
Section 4. Repealer. That any ordinance or part thereof in conflict with the 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 is to be published one (1) time in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the day of ____________, 2020.
PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST: CITY CLERK
TRANSMITTED TO MAYOR on this the day of ________, 2020.
CITY CLERK
ACTION BY MAYOR
APPROVED this the day of ______, 2020.
MAYOR
ATTEST: CITY CLERK
END
All interested persons are invited to attend the Public Hearing and be heard. Written comments concerning the above matter may be mailed to the City Clerk at City Hall, P.O. Box 390, Opelika, AL 36803 at any time prior to the Public Hearing and may be further submitted to the City Council at the meeting and Public Hearing.
Please contact Kevin Rice, the City’s ADA Coordinator, at 334-705-2083 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.
WITNESS my hand this the 11th day of December, 2019.
/s/ R. G. Shuman CITY CLERK OF THE CITY OF OPELIKA, ALABAMA
Legal Run 12/11/19
