IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
CASE NO.: CV-2022-900005
HATTIE HENDERSON HALL Plaintiff,
V.
A Parcel of Land Lying in Lee County, Alabama, to wit:Approximately Thirteen (13) acres near Lee Road 121, and More particularly described as Lee County tax parcel #43-17-08-34-0-000-006.000, & Unknown heirs or assigns of:
William Henderson, Etta Robinson, Roena Beasey, Edith Darby, Pearlie Edwards, Sallie Wilson, Nellie Reid, and Abraham Henderson. Defendants.
NOTICE OF ACTION
To: All Defendants herein, whose whereabouts are unknown and which cannot be ascertained after the exercise of reasonable diligence.
You are hereby notified that on the 7th day of January 2022, a Bill to Quiet Title was filed in the Circuit Court of Lee County, Alabama, regarding the following described real property:
A Parcel of Land Lying in Lee County, Alabama, to wit: approximately thirteen (13) acres near Lee Road 121, and more particularly described as Lee County tax parcel #43-17-08-34-0-000-006.000.
All persons having an interest in said lands or any portion thereof, claiming any title thereto or any encumbrance or lien thereon, are hereby directed to plead, answer, or otherwise respond to the Complaint on or before the expiration of 30 days after the last publication of this notice, or thereafter suffer judgment by default to be rendered against them it being intended that this notice shall be used to perfect service against all parties who cannot be personally served with a copy of the Complaint.
Done this the 12th day of January 2022.
Mary Roberson
Circuit Court Clerk, Lee County
Benjamin H. Parr
830 Avenue A, Suite A
Opelika, Alabama 36801
Telephone Number: 334-749-6999
Fax: 334-203-1875
Legal Run 1/20/2022, 1/27/2022, 02/03/2022 & 02/10/2022
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NOTICE TO CREDITORS OF APPOINTMENT OF PERSONAL REPRESENTATIVE
STATE OF ALABAMA
COUNTY OF LEE
PROBATE COURT
CASE NO.: 2021-647 LETTERS TESTAMENTARY of MARK MCGUIRE, deceased, having been granted to KAREN MCGUIRE on the 6th day of January 2022, by the Honorable Judge Bill English, Probate Judge of Lee County, Alabama, notice is hereby given that all persons having claims against said Estate are hereby required to present same within the time allowed by law or the same will be barred.
Dated this the 6th day of January, 2022
/s/Alyssa L. Hawkins. Esq
Jones, Hawkins, & Associates, LLC 320 N Hull St
Montgomery.AL 36104
334-676-2133
Legal Run 01/27/2022, 02/03/2022 & 02/10/2022
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF STELLA M. PATTERSON, Deceased
CASE NO. 2021-627
NOTICE TO FILE CLAIMS
TAKE NOTICE that Letters Testamentary, having been granted to George L. Patterson, as Executor of the Estate of Stella M. Patterson, deceased, on the 14th day of January, 2022, by the Honorable Bill English, Judge of Probate of Lee County, Alabama.
NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be
George L. Patterson
Executor of the Estate of Stella M. Patterson, deceased
Legal Run 01/27/2022, 02/03/2022 & 02/10/2022
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NOTICE TO CREDITORS
ESTATE OF RUBY KNIGHT WOOTEN, DECEASED
PROBATE COURT LEE COUNTY
CASE NO. 2022-014
NOTICE TO CREDITORS
Take Notice that LETTERS TESTAMENTARY of the Estate of RUBY KNIGHT WOOTEN are hereby granted to William Lee Wooten, Jr. on the 12th day of January, 2022, by the Honorable Bill English, Judge of the Probate Court of Lee County, Alabama.
Notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
William Lee Wooten, Jr.
Legal Run 01/27/2022, 02/03/2022 & 02/10/2022
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF SAMUEL AARON MASSINGILL, DECEASED
TAKE NOTICE that Letters Testamentary having been granted to Delilah Marshall. as Executrix of the Estate of Samuel Aaron Massingill. deceased, on the 6th day of January, 2022, by the Honorable Bill English.
NOTICE IS HEREBY GIVEN that all persons having claims against the Estate are hereby required to present the same within the time allowed by la\\’ or the same be barred.
Delilah Marshall. Executrix
Of the Estate of Samuel Aaron Massingill, Deceased
Ma1Tell J. McNeal. Attorney at Law, PC
PO Box 308
Opelika. AL 36803
334-745-7033
LEGAL RUN 01/27/22, 02/3/22& 02/10/22
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NOTICE OF PUBLIC HEARING
OPELIKA CITY COUNCIL
March 15, 2022, 7:00 P.M.
NOTICE IS HEREBY GIVEN in accordance with §23-4-2, Code of Alabama, 1975, that the City Council of the City of Opelika will conduct a Public Hearing during the regularly scheduled City Council meeting on Tuesday, March 15, 2022, beginning at 7:00 p.m. in the Courtroom of the Opelika Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama, to receive the benefit of public input concerning a proposal to vacate a public alley lying between South 10th Street and the CSX Railroad right-of-way in Block 47 of Totten’s Official Real Estate Map of the City of Opelika of 1930, which is of record in Plat Book 2 at Page 9 in the Office of the Judge of Probate of Lee County, Alabama. All persons interested in the proposed vacation are invited to appear at the public hearing and express their views. Written statements or objections may be submitted to the City Clerk prior to the time of the hearing.
The alley proposed to be vacated is more particularly described as follows:
Commencing at the Northwest Corner of the Northeast Quarter of Section 18, Township 19 North, Range 27 East in Opelika, Lee County, Alabama; thence S89°56’E, 489.9 feet to a point on the southwesterly right of way line of South 10th Street and the True Point of Beginning of the Alley herein described; thence, leaving said right of way, S26°09’W, 627.9 feet to the northeasterly right of way line of a railroad right of way; thence N39°29’W, along said right of way line, 17.56 feet; thence, leaving said right of way line, N26°09’E, 627.7 feet to the southwesterly right of way line of the aforementioned South 10th Street; thence, along said right of way line, S40°05’00”E, 17.48 feet to the True Point of Beginning.
Said parcel lying within Block 47, Grant Lands, as shown on Totten’s Official Real Estate Map of Opelika, Alabama, as recorded in Plat Book 2, Pages 9 & 10, in the office of the Judge of Probate of Lee County, Alabama, and containing 0.2306 Acre, more or less.
A copy of the Petition to Vacate and the proposed resolution approving the vacation will be available upon request at the office of the City Clerk, 2nd Floor of City Hall, 204 South 7th Street, Opelika, Alabama.
Please contact Brian Weiss, the City’s ADA Contact Person, at 334-705-5134 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.
DATED this the 3rd day of February, 2022.
/s/Russell A. Jones
RUSSELL A. JONES, CITY CLERK
Legal Run 02/03/2022, 2/10/22, 2/17/22 & 2/24/22
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF LOUIE WINSTON HAYES JR. Deceased
Case No.: 2021-720
NOTICE TO CREDITORS
Take Notice that Letters Testamentary of the Estate of Louie Winston Hayes Jr. are hereby been granted to Lydia Jane Johnston on the 31st day of January, 2022, by the Honorable Bill English, Judge of the Probate Court of Lee County, Alabama.
Notice is hereby given to all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
LYDIA JANE JOHNSTON
Legal Run 02/03/2022, 02/10/22 & 02/17/22
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Notice of Appointment
Estate of Roy Jerrell Riddle, Deceased
Court of Probate Lee County
Letters Testamentary of said deceased having been granted to the undersigned on the 25th day of January, 2022, by the Jon. Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Witness our hands, and dates this the 25th day of January, 2022.
Marsha D. Riddle
Legal Run 02/03/2022, 02/10/2022, 02/17/2022
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IN THE MATTER OF THE ESTATE OF LILLIAN D. HARRELSON, DECEASED
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No: 2022-032
Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 28th day of January, 2022, by the Hon. Bill English, Judge of the Probate Court of Lee County, Alabama, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
WILBER R. HARRELSON, JR.
Personal Representative
D. Carter Weeks
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
LEGAL RUN 02/03/22, 02/10/22 & 02/17/22
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IN RE: THE ESTATE OF OTIS H. LYNN, SR., Deceased.
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA CASE No. 2022-029
NOTICE OF APPOINTMENT
LETTERS TESTAMENTARY of said deceased having been granted to the undersigned on the 31st day of January, 2022, by Hon. Bill English, Judge of Probate Court of Lee County, Alabama, notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law or the same will be barred.
DARLENE LYNN ARMSTRONG
Co-Executrix
DENISE LYNN JACKSON
Co-Executrix
Legal Run 02/3/2022, 02/10/2022 & 02/17/2022
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Notice of auction of abandoned vehicles. BEST 4 LESS will be auctioning off The below mentioned vehicles on MARCH 11, 2022. This Auction will be held at 2509 LAFAYETTE PARKWAY, OPELIKA, ALABAMA, 36801 at 10:00 a.m. If you have any questions in regards to either of the vehicles please give call at 334-705-0000.
3FAHP071X9R220150 – 2009 FORD FUSION
JNKCV54E14M800823 – 2003 INFINITI G35
1FALP4440TF106999 – 1996 FORD MUSTANG
Legal Run 02/10/2022 & -2/17/2022
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Notice of Appointment
Estate of CLARENCE PERRY, Deceased
Court of Probate Lee County
Letters of Administration of said deceased having been granted to the undersigned on the 3rd day of February, 2022, by the Jon. Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Witness my hands, and seal this the 3rd day of February, 2022.
CRAWFORD S. MELTON
Legal Run 02/10/2022, 02/17/2022 & 02/24/2022
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STORAGE TREASURES AUCTION
Extra Space Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
1242 N Dean Rd, Auburn, AL 36830 Thursday, January 6, 2022 at 10:00AM
Unit 249
Unit 86
Unit 222
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property.
Legal Run 2/10/22
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NOTICE OF COURT PROCEEDING
CASE NO: 2022-045
IN THE PROBATE COURT OF LEE COUNTY ALABAMA
Notice of the filing of Petition for Summary Distribution
IN the Estate of EVELYN R. EDGE, Deceased
Notice is hereby given that a Petition for Summary Distribution has been filed in the LEE COUNTY Probate office by Sue Edge McDonough on February 2, 2022, pursuant to Section 43-2-690, Code of Alabama and that 30 days after the notice of publication hereof and pursuant to law the Court shall be requested to enter an Order directing Summary Distribution of the estate of said decedent.
BILL ENGLISH, PROBATE JUDGE
Legal Run 02/10/2022
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NOTICE OF COURT PROCEEDING
CASE NO: 2022-037
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Notice of the filing of Petition for Summary Distribution
In the Estate of LINDA JACKSON SPAIN, deceased
Notice is hereby given that a Petition for Summary Distribution has been filed in the LEE COUNTY Probate office by Rachel Spain Robinson on February 2, 2022, pursuant to Section 43-2-690, Code of Alabama and that 30 days after the notice of publication hereof and pursuant to law the Court shall be requested to enter an Order directing Summary Distribution of the estate of said decedent.
BILL ENGLISH, PROBATE JUDGE
Legal Run 02/10/2022
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Notice of auction of abandoned vehicles. RICHARD’S GARAGE will be auctioning off the below mentioned vehicles on MARCH 11, 2022. This Auction will be held at 11267 LEE ROAD CAMP HILL, ALABAMA, 36850 at 10:00 a.m. If you have any questions in regards to either of the vehicles please give call at 334-703-3819.
1G6KD5RS9GU152847 – 2016 CADILAAC CT6 –
Legal Run 02/10/2022 & -2/17/2022
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STORAGE TREASURES AUCTION
Extra Space Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
1412 Opelika Rd, Auburn, AL 36830 Thursday, February 17, 2022 at 10:00AM
Unit 217
Unit 249
Unit H 106
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property.
Legal Run 2/10/22
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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN THE MATTER OF: THE ESTATE OF CHRISTINE CHRISTIAN, deceased Case No.: 2022-044
NOTICE TO CREDITORS
Letters Testamentary of said deceased having been granted to Beverly Christian-Jordan, Personal Representative on the 4th day of February, 2022, by Honorable Bill English, Judge of Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Becky Christian-Jordan
Legal Run 02/10/22, 02/17/22 & 02/24/22
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ORDINANCE NO. 003-22
AN ORDINANCE TO AMEND THE ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA
(LAUREL LAKES PUD)
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) Flat Iron Farms, LLC (“Flat Iron” or the “Developer”) is the owner of record of that certain property consisting of approximately 160.2 acres located along North Uniroyal Road and Ridge Road
(b) Flat Iron heretofore submitted to the City a development plan for a planned unit development (“PUD”) entitled “Laurel Lakes PUD”, consisting of approximately 160.2 acres.
(c) The proposed development consists of approximately 372 single-family home lots and three lots (37.4 acres total) that are reserved for stormwater detention/open space. The development will accessed from North Uniroyal Road and Ridge Road by new streets. The proposed density is 2.35 dwelling units per acre.
(d) The Planning Commission heretofore conducted a public hearing of the proposed development and referred to the City Council its recommendation to approve the proposed development.
(e) Following the public hearing conducted by the Planning Commission, the Developer and its engineers met with the adjoining property owners to review the development plan.
(f) As the result of the discussions between the Developer and the adjoining property owners, Flat Iron agreed to modify and revise the development plan as follows:
The overall number of residential lots is reduced from 372 (total 375 including 3 open space lots) to 338 (total 341 including 3 open space lots). This is a reduction of 34 lots and homes. This reduces the overall density from 2.3 units per acre to 2.1 units per acre.
The reduction of lots is created because approximately half of the lots are increasing in size from a minimum of 60 ft width (9,000 square feet) to 72 ft width (10,800 square feet).
The overall amount of open space is increasing from 36.3 acres to 42.15 acres. This also includes increases in the area of open space next to adjacent property owners along with increasing the minimum buffer to 25 feet in width. The open space and buffers will not be part of the developable lot but will be held through the homeowners association.
(g) A revised development plan has been prepared by Flat Iron and submitted to the City Council for approval and the City Council has determined that it is now in the best interest of the City and its citizens to approve said revised development plan.
(h) It is advisable and in the interest of the City and the public interest that the proposed property described in Section 3 below should be developed as a residential planned unit development.
Section 2. APPROVAL OF THE REVISED DEVELOPMENT PLAN. The Revised Development Plan as submitted for review is hereby approved and affirmed as required by Section 8.18(N) of the Zoning Ordinance of the City.
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 R-2 District (Low-Density Residential District) to a Planned Unit Development (PUD) on the official zoning map of the City.
A tract or parcel of land containing 160.24 acres in Sections 3 and 10, Township 17 North, Range 27 East, Opelika, Lee County, Alabama and being more particularly described as follows: Commence at the northeast corner of the southwest ¼ of said Section 10; thence S89°20’29”W 435.00 feet; thence S00°39’31”E 570.00 feet; thence S00°20’29”W 395.00 feet to the point of beginning; thence S89°23’03”W 1773.49 feet to the east right-of-way limit of North Uniroyal Road; thence continue along said right-of-way along a curve to the left having a radius of 3426.12 feet, an arc length of 611.06 feet and a chord bearing and distance of N04°50’51”E 640.25 feet; thence N00°15’43”W 1363.75 feet; thence N00°15’43”W 466.60 feet to the south right-of-way limit of Ridge Road; thence continue along said right-of-way N60°25’23”E 92.20 feet; thence S61°42’47”E 1300.94 feet; thence S60°44’49”E 527.11 feet; thence S67°34’33”E 201.19 feet; thence leaving said right-of-way S31°20’44”E 112.78 feet; thence S45°47’47”E 259.62 feet; thence S51°46’58”E 599.89 feet; thence S01°37’18”E 541.72 feet; thence S18°54’03”E 2219.81 feet; thence S86°40’38”W 1599.15 feet; thence N00°08’18”E 1868.75 feet to the point of beginning.
The above-described property, containing approximately 160.2 acres, is located along North Uniroyal Road and Ridge Road.
Section 4. RETENTION OF COPIES OF REVISED DEVELOPMENT PLAN. Copies of the Revised 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 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.
ADOPTED AND APPROVED this the 1st day of February, 2022.
/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 2nd day of February, 2022.
/s/ Russell A. Jones CITY CLERK
ACTION BY MAYOR
APPROVED this the 2nd day of February, 2022.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones CITY CLERK\
LEGAL RUN 02/10/2022
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CITY OF OPELIKA
NOTICE OF PLANNING COMMISSION MEETING AND PUBLIC HEARINGS
TO: RESIDENTS AND PROPERTY OWNERS OF THE CITY OF OPELIKA AND ALL OTHER INTERESTED CITIZENS
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Opelika, Alabama will hold a regular meeting and will be conducting public hearings on Tuesday, February 22, 2022, at 3:00 p.m. in the Meeting Chamber at Opelika Municipal Court located at 300 MLK Boulevard, Opelika, Alabama. A Planning Commission work session will be held at 2:45 pm before the regular meeting. The purpose of the public hearings is to receive public comment on the following:
A. Preliminary Plats
A public hearing on a request by Brandon Bolt, Bolt Engineering, Inc, authorized representative for Edgar Hughston Builders, property owner, for preliminary plat approval of the Wyndham Village Phase 3 subdivision consisting of 100 lots accessed from Wyndham Village Drive.
A public hearing on a request by Brandon Bolt, Bolt Engineering, Inc, authorized representative for Edgar Hughston Builders, property owner, for preliminary plat approval of the Drakes Landing Phase 2 subdivision consisting of 117 lots accessed from South Uniroyal Road.
B. Final Plat
A request by Keith Henderson and Arthur Nettles, authorized representative for Fenderson, LLC, property owner, for final plat approval of the Flat Stone Estates Phase 2 subdivision consisting of 11 lots accessed from Lee Road 483 (Loblolly Drive).
C. Conditional Uses
A public hearing on a request by Matt Cobb, authorized representative for H&W Off-Road, LLC, property owners, for conditional use approval for automotive retail sales and truck accessories & sales in the C-3, GC-P zoning district accessed at 621 Columbus Parkway.
A public hearing on a request by James H. Daws, authorized representative for Marsh Real Estate Investments, LLC, property owners, for conditional use approval for a 182 unit apartment development accessed from South 10th Street and Avenue C. Conditional use approval is subject to rezoning approval of the apartment property by the Opelika City Council.
A public hearing on a request by Blake Rice, authorized representative for Brookhaven Property Group, LLC, property owners, for conditional use approval to add 36 apartment units to Pinehurst Apartments in the R-4 zoning district accessed from West Point Parkway.
D. Rezoning & Conditional Use
A public hearing to consider a recommendation to the City Council on a request by Blake Rice, authorized representative for Capps Family Partners, LTD property owners, to rezone 40 acres accessed from Society Hill Road from C-2 and R-1 zone to a C-2 zoning district.
A public hearing on a request by Blake Rice, authorized representative for Capps Family Partners, LTD property owners for conditional use approval for 242 townhome units on Society Hill Road. Conditional use approval is subject to rezoning approval of the townhome property by the Opelika City Council.
E. Master Plan Revision
The Ballfields Master Plan, Minor Amendment to Master Plan, Pepperell Parkway & North 30th Street, Master Plan consists of commercial parcels and apartments, Amendment decreases apartment units and adds 36 townhome units to the master plan.
All interested persons are invited to attend the meeting/public hearings and be heard. Written comments concerning the above matters may be mailed to the Planning Director at 700 Fox Trail, Opelika, Alabama 36801 at any time prior to the meeting/public hearings and may be further submitted to the Planning Commission at the meeting/public hearings.
The Planning Commission reserves the right to modify or alter any of the proposed amendments to the Zoning Ordinance and to make its recommendations accordingly to the City Council.
Please contact the Planning department at 334-705-5156 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.
PLANNING DIRECTOR
LEGAL RUN 2/10/2022
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NOTICE BY PUBLICATION
Adam Troy Knotts, whose whereabouts are unknown, must answer Aliya and Micah MacGregor’s Complaint and Summons. Said Answer must be filed on or before April 3, 2022 or there after a judgment of default may be entered against him in Case No: CV2021 000154.00 in the Circuit Court of Lee County, Alabama.
Done this the 3rd day of February, 2022.
Mary Robertson
Clerk of Circuit Court
Lee County, Alabama
OF COUNSEL:
Ben C. Hand
114 North 8th Street
Opelika, AL 36801
334-741-4077
Legal Run 02/10/22, 2/17/22, 2/24/22 & 3/3/2022
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, March 15, 2022, at 7:00 p.m. in the Courtroom of the Opelika Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama.
PURPOSE
The purpose of said Public Hearing will be to consider the adoption of an ordinance to amend Ordinance Number 124-91 (entitled “Zoning Ordinance of the City of Opelika”) adopted on September 17, 1991. 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. ________
AN ORDINANCE TO AMEND THE ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA
BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. That Ordinance 124-91 entitled “Zoning Ordinance City of Opelika, Alabama”, adopted on September 17, 1991, and the Zoning Map of the City of Opelika provided for and referred to therein, as previously amended and/or modified, be and the same is hereby amended by rezoning or redistricting the parcel of land hereinafter in this section described, so as to change such parcel from one class of district to another class of district as follows, to-wit:
From a M-1, GC-S District (Industrial, Gateway Corridor—Secondary Overlay District) and a C-2, GC-S District (Office/Retail, Gateway Corridor—Secondary Overlay District) to a C-1, GC-S District (Downtown Commercial, Gateway Corridor-Secondary Overlay District), the parcel of land hereinafter described:
TRACT 1, 2, AND ALLEY COMBINED
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE CITY OF OPELIKA, ALABAMA, BEING WITHIN SECTION 18, TOWNSHIP-19-NORTH, RANGE-27-EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT 1” PIPE FOUND AT THE INTERSECTION OF SOUTHEAST RIGHT-OF-WAY OF AVENUE C (60’ R/W) AND THE SOTHWEST RIGHT-OF-WAY OF SOUTH 10TH STREET (60’ R/W) HAVING ALABAMA STATE PLANE EAST ZONE COORDINATES OF N=780093.99, E=796165.11, SAID POINT BEING THE POINT OF BEGINNING;
THENCE, ALONG THE SOUTHWEST RIGHT-OF-WAY OF SOUTH 10TH STREET, S41°11’43”E A DISTANCE OF 83.30 FEET TO A 1/2” REBAR FOUND,
THENCE, S41°18’17”E A DISTANCE OF 117.48 FEET TO A 1” PIPE FOUND AT THE INTERSECTION OF SOUTH 10TH STREET AND A 16’ ALLEY,
THENCE, S40°00’12”E A DISTANCE OF 18.37 FEET TO A POINT AT THE INTERSECTION OF A 16’ ALLEY,
THENCE, S40°34’00”E A DISTANCE OF 216.07 FEET TO A 1/2” REBAR SET,
THENCE, S42°01’42”E A DISTANCE OF 80.00’ FEET TO A 1/2” REBAR SET,
THENCE LEAVING THE RIGHT-OF-WAY OF SOUTH 10TH STREET, S44°15’18”W A DISTANCE OF 225.00’ TO A 1/2” REBAR SET,
THENCE, S42°01’42”E A DISTANCE OF 99.60’ TO A 1/2” REBAR SET,
THENCE, S45°26’18”W A DISTANCE OF 184.60 FEET TO A 1/2” REBAR SET,
THENCE, S45°59’18”W A DISTACNE OF 173.30 FEET TO A 1/2”REBAR FOUND ON THE NORTHEAST RIGHT-OF-WAY OF CENTRAL OF GEORGIA RAILWAY 100’ RIGHT-OF-WAY,
THENCE, N39°57’42”W A DISTANCE OF 186.20 FEET TO A 1” PIPE FOUND AT THE INTERSECTION OF CENTRAL OF GEORGIA RAILWAY AND A 16’ ALLEY, THENCE, N39°40’03”W A DISTANCE OF 17.40 FEET TO A 1” PIPE FOUND AT THE INTERSECTION OF A 16’ ALLEY,
THENCE, N39°55’28”W A DISTANCE OF 229.53 FEET TO A 1” PIPE,
THENCE, N39°55’28”W A DISTANCE OF 211.02 FEET TO 1/2” REBAR SET AT THE INTERSECTION OF THE NORTHEAST RIGHT-OF-WAY OF CENTRAL OF GEORGIA RAILROAD AND THE SOUTHEAST RIGHT-OF-WAY OF AVENUE C, THENCE ALONG THE SOUTHEAST RIGHT-OF-WAY OF AVENUE C, N47°14’14”E A DISTANCE OF 186.55 FEET TO A 1/2” REBAR SET, THENCE, N47°14’14”E A DISTANCE OF 9.89 FEET TO A POINT,
THENCE, N47°14’14”E A DISTANCE OF 52.73 FEET TO A 1” PIPE FOUND,
THENCE, N47°14’14”E A DISTANCE OF 84.52 FEET TO A 1/2” REBAR FOUND, THENCE, N88°08’55”E A DISTANCE OF 5.76 FEET TO A DRIL POINT FOUND, THENCE, N47°55’02”E A DISTANCE OF 29.78 FEET TO A 1/2” REBAR FOUND, THENCE, N47°53’21”E A DISTANCE OF 32.50 FEET TO A DRILL POINT FOUND, THENCE, N48°16’51”E A DISTANCE OF 12.18 FEET TO 1/2” REBAR SET, THENCE ALONG THE SOUTHEAST RIGHT-OF-WAY OF AVENUE C, N48°16’51”E A DISTANCE OF 154.87 FEET TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 7.82 ACRES.
The above-described property contains approximately 7.8 acres and is located at the intersection of South 10th Street and Avenue C, Opelika, Alabama.
Section 2. Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.
Section 3. This Ordinance shall be published 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 Brian Weiss, the City’s ADA Contact Person, at 334-705-5134 two (2) working days prior to the meeting if you require special accommodations due to any disability.
WITNESS my hand this the 10th day of February, 2022.
/s/ Russell A. Jones
CITY CLERK OF THE CITY OF OPELIKA, ALABAMA
LEGAL RUN 02/10/2022
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, March 15, 2022, at 7:00 p.m. in the Courtroom of the Opelika Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama.
PURPOSE
The purpose of said Public Hearing will be to consider the adoption of an ordinance to amend Ordinance Number 124-91 (entitled “Zoning Ordinance of the City of Opelika”) adopted on September 17, 1991. 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. ________
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OPELIKA; TO AMEND SECTION 7.3A “AREA REQUIREMENTS” TO PROVIDE THAT THE MAXIMUM NUMBER OF DWELLING UNITS PER ACRE IN THE C-1 DISTRICT IS 36; TO AMEND SECTION 7.3C “USES” TO PROVIDE THAT A DUPLEX IS A CONDITIONAL USE IN THE R-4 AND R-4M DISTRICTS; TO AMEND SECTION 7.3C “USES” TO PROVIDE THAT MAUSOLEUMS, COLUMBARIUMS AND CREMATORIUMS ARE CONDITIONAL USES IN THE GC-P AND THE GC-S OVERLAY DISTRICTS; TO AMEND SUBSECTIONS C AND D OF SECTION 7.7 TO PROVIDE REVISED DEVELOPMENT AND DESIGN STANDARDS FOR BUILDINGS AND STRUCTURES LOCATED IN THE C-1 DISTRICT; PROVIDING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. Amendment of Section 7.3A of the Zoning Ordinance. That Section 7.3A
(“Area Requirements”) of Ordinance 124-91 entitled “Zoning Ordinance of the City of Opelika, Alabama”, adopted on September 17, 1991, as further amended (hereinafter referred to as “the Zoning Ordinance”) is hereby amended so that the pertinent portion of the matrix table for “Dwelling Units Per Acre” shall read as follows:
AREA REQUIREMENTS
Dwelling Units Per Acre2,3
R-1: 1
R-1A:1.25
R-2: 2.5
R-32: 3.5
R-4/M: 9
R-5/M: 16
C-1: 36
C-2 : 16
C-3: 16
M-1
M-2
I-1
GC-P
GC-S
Section 2. Amendment of Section 7.3C of the Zoning Ordinance. That Section 7.3C (“Uses”) of the Zoning Ordinance is amended as follows:
(a)That the use categories of “Duplex”, “Mausoleum”, “Columbarium” and “Crematorium” in the pertinent portion of the matrix table be and the same are hereby amended to read as follows:
(SEE TABLE AT BOTTOM)
(b) That footnotes 7, 8 and 9 are added at the end of the matrix table to read as follows:
7On a property with a Gateway Corridor—Primary designation, a mausoleum shall be considered a conditional use only as an accessory use to a cemetery. The use is otherwise prohibited in the GC-P as a primary use or accessory to another use.
8On a property with a Gateway Corridor—Primary or Secondary designation, a columbarium shall be considered a conditional use only as an accessory use to a cemetery or church. The use is otherwise prohibited in the GC-P or GC-S as a primary use or accessory to another use.
9On a property with a Gateway Corridor—Primary designation, a crematory shall be considered a conditional use only as an accessory use to a funeral home. The use is otherwise prohibited in the GC-P as a primary use or accessory to another use.
Section 3. Amendment of Section 7.7 of the Zoning Ordinance. That subsections 7.7C and 7.7D of the Zoning Ordinance are amended to read as follows:
C. Development Standards.
Dwelling units may be of the efficiency, studio, and one (1) bedroom, or two (2)
bedroom types or three (3) bedroom types. Each dwelling unit shall have its own independent kitchen, bathroom(s), and bedroom(s). In cases where the Planning Commission deems it necessary, it shall determine which rooms are designated as
bedroom(s), kitchen, entrance ways, etc.
Buildings within the C-1 zoning district shall be non-residential on the first floor unless otherwise permitted within this section through conditional use approval.
Buildings located in the C-1 zoning district within the area from 1st Avenue to Avenue B and from South 7th Street to South 10th Street shall meet the following requirements:
Minimum floor area requirements for commercial uses on the first floor (street level):
A minimum floor area of forty percent (40%) of buildings on the first floor shall be reserved for commercial uses. The minimum forty percent (40%) floor area shall be located in the front portion of a building facing the primary street and front entrance into the building. The rear portion of the first floor may be used as a residence. The resident occupying the rear portion of the building shall be limited to the property owner or the business owner of the said forty percent (40%) of the front portion of the building unless the residential and non-residential uses have separate entrances. A maximum width of six (6) feet of the front façade may be used as a private entryway to access the rear portion of the building used for residential uses. Conditional use approval is required. A floor plan drawn to scale shall be submitted designating at least forty percent (40%) of the front portion of the building as reserved for commercial uses.
Buildings located outside of the area from 1st Avenue to Avenue B and from South 7th Street to South 10th Street may be a single purpose residential or contain first floor residential subject to conditional use approval.
Minimum requirements for commercial or residential uses on the second floor or higher in the C-1 zoning district:
Residential dwelling units may occupy the second floor or higher of nonresidential buildings. The second floor or higher areas shall be designated nonresidential or
residential by floor. No mixed uses are allowed on the second floor or higher floors of nonresidential buildings in C-1 zoning districts. Minimum floor area per residential dwelling on the second floor shall be four hundred (400) square feet.
D. Design Guidelines.
1. Design plans for the structure shall be prepared and sealed by a registered architect or professional engineer and shall comply with all zoning requirements, the building code, and other applicable codes and regulations.
2. Prior to issuance of the conditional use permit, the applicant shall file copies of the
design plans with the Building Official and the Fire Protection Official. No certificate of
occupancy shall be issued until the premises in question have been inspected and found by the Building Official and Fire Protection Officer to comply with the requirements of the zoning ordinance.
3. Properties located within a designated historic district shall follow the applicable design
guidelines for that district.
4. Buildings shall be oriented with the primary entrance facing right-of-way adjoining the front property line.
5. Parking shall not be allowed between the front façade of the building and the right-ofway.
Where parking does adjoin a right-of-way, landscaping or a short screen wall shall be installed.
6. All mechanical units, storage tanks, meters, grease traps, refuse bins, or service connections shall be screened so they are not visible from the right-of-way in front of the building. For buildings located on the corner, mechanical units, storage tanks, meters, grease traps and refuse bins shall be screened to the greatest extent possible.
Section 4. Severability. If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, said holding shall not effect any other section, clause, provision or portion of this Ordinance which is not in or of itself invalid or unconstitutional.
Section 5. Repeal of Conflicting Ordinances. 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 in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.
Section 8. Codification. Codification of this Ordinance in the Zoning Ordinance of the City of Opelika is hereby authorized and directed.
ADOPTED AND APPROVED this the _____day of _________, 2022.
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 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 Brian Weiss, the City’s ADA Contact Person, at 334-705-5134 at least two (2) working days prior to the meeting if you require special accommodations due to any disability.
WITNESS my hand this the 10th day of February, 2022.
/s/ Russell A. Jones
CITY CLERK OF THE CITY OF OPELIKA, ALABAMA
LEGAL RUN 02/10/2022
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE:THE ESTATE OF R. C. CANNON, DECEASED.
Case No. 2021-688
TAKE NOTICE that Letters Testamentary having been granted to Tammy Ann May, as Executrix of the Estate of R. C. Cannon, deceased, on the 24th day of January, 2022, by the Honorable Bill English.
NOTICE IS HEREBY GIVEN that all persons having claims against the Estate are hereby required to present the same within the time allowed by law or the same be barred.
Tammy Ann May, Executrix Of the Estate of R. C. Cannon, Deceased
Marrell J. McNeal, Attorney at Law, PC
PO Box 308
Opelika, AL 36803
334-745-7033
Legal Run 2/10/2022, 2/17/2022 & 2/24/2022
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Notice of auction of abandoned vehicles. RICHARD’S GARAGE will be auctioning off the below mentioned vehicles on MARCH 11, 2022. This Auction will be held at 11267 LEE ROAD CAMP HILL, ALABAMA, 36850 at 10:00 a.m. If you have any questions in regards to either of the vehicles please give call at 334-703-3819.
1G6KD5RS9GU152847 – 2016 CADILAAC CT6 –
Legal Run 02/10/2022 & -2/17/2022
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Notice of auction of abandoned vehicles. BEST 4 LESS will be auctioning off The below mentioned vehicles on MARCH 14, 2022. This Auction will be held at 2509 LAFAYETTE PARKWAY, OPELIKA, ALABAMA, 36801 at 10:00 a.m. If you have any questions in regards to either of the vehicles please give call at 334-705-0000.
1HGES15522L046877 – 2002 HONDA CIVIC
Legal Run 02/10/2022 & 02/17/2022
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NOTICE TO CREDITORS ESTATE OF LOUIS LEON DURR JR., Deceased
PROBATE COURT LEE COUNTY, AL
CASE NO.: 2022-026
NOTICE TO CREDITORS
Take Notice that LETTERS OF ADMINISTRATION of said deceased having been granted to Benjamin H. Parr on the 25th day of January, 2022, by the Honorable Bill English, Judge of the Probate Court of Lee County, Alabama.
Notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Benjamin H. Parr
Legal Run 2/3/22, 2/10/22 & 02/17/2022.
