ORDINANCE NO. 005-20
AN ORDINANCE TO AMEND THE ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. FINDINGS. The Council has determined and hereby finds and declares that
the following facts are true and correct:
(a) Broad Metro, LLC heretofore submitted to the City a development plan for a
planned unit development (“PUD”) entitled Capps Landing Entertainment District PUD on approximately 32.45 acres.
(b) The proposed development is located in a C-2/GC-P District (office/retail,
gateway corridor primary overlay district) and is located on the southeastern side of Gateway Drive and I-85.
(c) The property described in Section 3 below will be developed as a multi-use
commercial planned unit development consisting of restaurants, retail shops, hotels, fueling station and outdoor/indoor recreational and entertainment businesses. The proposed development will have access to the property from Gateway Drive with access points aligning
with Capps Landing and Capps Drive.
(d) The Planning Commission heretofore conducted a public hearing on the proposed development and referred to the City Council its recommendation to approve the proposed development, subject to certain requirements, conditions and modifications which are set forth in Section 2 below.
(e) It is advisable and in the interest of the City and the public interest that the
property described in Section 3 below should be developed as a unified mixed residential and commercial development.
Section 2. APPROVAL OF THE DEVELOPMENT PLAN. The Development Plan as submitted for review is hereby approved and affirmed as required by Section 8.18N of the Zoning Ordinance of the City, subject to compliance with the following requirements, conditions and modifications:
(a) The truck fueling station will have only six (6) stalls/spaces for truck fueling and
ten (10) spaces for truck parking.
(b) The proposed freestanding sign will conform to the maximum area and height
requirements.
(c) The applicant will partner with the City to make infrastructure improvements to
Gateway Drive and other infrastructure to mitigate traffic congestion.
(d) The applicant will provide 24-hour security monitoring truck parking ensuring trucks are parked in the stall/space for a maximum of one (1) hour.
(e) All buildings shall meet the Gateway Corridor Overlay cladding, including the
support poles for the passenger fueling canopy, and landscaping requirements.
(f) Access easements or future streets shall be required to the Ward property to the
northeast either in this phase or future phases if it cannot be accommodated due to
topography or the property configuration.
Section 3. DESIGNATION OF A PLANNED UNIT DEVELOPMENT. The official
Zoning Map is hereby amended and the zoning classification for the following parcel of land shall be changed from a C-2/GC-P (Office/Retail, Gateway Corridor Primary District) to a
Planned Unit Development (PUD) on the official zoning map of the City. A parcel of land situated in the South half of Section 24 and the North half of Section 25, Township 19 North, Range 25 East, Lee County, Alabama, being more particularly described as follows:
Begin at a found 1″ crimp, said point being the intersection of Interstate Highway 85 (right of way varies) and the East line of the Southwest one-quarter of said Section 24; thence leaving said right of way, run South 00 degrees 21 minutes 27 seconds West along the East line of said quarter-section for a distance of 835.97 feet to a found McCrory capped rebar; thence leaving the East line of said Section 24 run South 38 Degrees 54 Minutes 12 Seconds West for a distance of 736.91 feet to a set 5/8 inch capped rebar stamped CA-560-LS; thence run South 42 Degrees 46 Minutes 46 Seconds East for a distance of 381.76 feet to a set 5/8 inch capped rebar stamped CA-560-LS; thence run South 47 Degrees 17 Minutes 05 Seconds West for a distance of 228.57 feet to a set 5/8 inch capped rebar stamped CA-560-LS; said point marking the beginning of a curve turning to the right having radius of 922.93 feet, a central angle of 06 Degrees 45 Minutes 17 Seconds, a chord bearing of South 50
Degrees 39 Minutes 44 Seconds West, a chord length of 108.74 feet, thence along
the arc of said curve for a distance of 108.81 feet to a set 5/8 inch capped rebar
stamped CA-560-LS; thence run South 59 Degrees 24 Minutes 36 Seconds East for a distance of 322.08 feet to a set 5/8 inch capped rebar stamped CA-560-LS; thence
run South 22 Degrees 24 Minutes 50 Seconds West for a distance of 216.39 feet to a
set 5/8 inch capped rebar stamped CA-560-LS, said point lying on the North right of way of Gateway Drive, said point also lying on a curve turning to the right having a radius of 1,813.55 feet, a central angle of 22 degrees 30 minutes 27 seconds, a chord bearing of North 56 degrees 19 minutes 56 seconds West and a chord distance of 707.84 feet; thence run along the arc of said curve and along said right of way for 712.42 feet to a found concrete monument; thence run North 42 degrees 10 minutes 54 seconds West along said right of way for a distance of 285.13 feet to a found concrete monument; thence run North 29 degrees 34 minutes 26 seconds West
along said right-of-way for a distance of 288.97 feet to a found concrete monument;
thence run North 07 degrees 05 minute9 51 seconds West along said right of way for
a distance of 195.06 feet to a found concrete monument being at the intersection of
said right of way and the Southernmost right of way line of Interstate Highway 85
(right of way varies); thence run North 35 degrees 10 minutes 02 seconds East along
.said Southernmost right of way for a distance of 249.80 feet to a set 5/8” capped rebar stamped GSA; thence run North 32 degrees 14 minutes 36 seconds East along
said right of way for a distance of 201.18 feet to a found concrete monument; thence run North 55 degrees 39 minutes 38 seconds East along said right of way for a
distance of 173.87 feet to a found concrete monument; thence run North 25 degrees
30 minutes 04 seconds East along said right of way for a distance of 185.16 feet to a
set 5/8″ capped rebar stamped GSA; thence run North 38 degrees 50 minutes 16 seconds East along said right of way for a distance of 233.55 feet to a found concrete monument; thence run North 59 degrees 14 minutes 24 seconds East along said right of way for a distance of 284.44 feet to a found concrete monument; thence run North 31 degrees 42 minutes 44 seconds West along said right of way for a distance of 40.00 feet to a set 5/8” capped rebar stamped GSA; thence run North 58 degrees 17 minutes 16 seconds East along said right of way for a distance of 433.71 feet to the
POINT OF BEGINNNG. Said parcel contains 1,413,381 square feet or 32.45 acres more or less.
BEING THE SAME PROPERTY AS THE FOLLOWING:
Lot 1, Broad Metro, LLC Plat No. 1, as recorded on April 15, 2019 at Plat Book 42, Page 41 in the Office of the Probate Judge of Lee County, Alabama.
Section 4. RETENTION OF COPIES OF DEVELOPMENT PLAN. Copies of the
Development Plan, as modified herein, 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 5. REPEALER. Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.
Section 6. EFFECTIVE DATE. This Ordinance shall become effective upon its
adoption, approval and publication as required by law.
Section 7. PUBLICATION. This Ordinance shall be published one (1) time in a
newspaper of general circulation in the City of Opelika, Lee County, Alabama.
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 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 the 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 any disability.
ADOPTED AND APPROVED this the 18th day of February, 2020.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE
CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A Jones
CITY CLERK
TRANSMITTED TO MAYOR on this the 19th day of February, 2020.
/s/ Russell A Jones
CITY CLERK
ACTION BY MAYOR
APPROVED this the 19th day of February, 2020.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A Jones
CITY CLERK
Legal Run 02/19/2020
