AN ORDINANCE TO AMEND THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA

ORDINANCE NO.  105-15
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 parcels of land hereinafter in this section described, so as to change such parcels from one class of district to another class of district as follows, to-wit:
From an R-2 District (Low Density Residential District) to a R-1A District (Residential Transition District) the parcels of land hereinafter described:
Lake Forest Subdivision and a portion of Cedar Creek subdivision
Lots 1 through 41, inclusive, as shown on the Lake Forest Estates Subdivision plat as recorded in Plat Book 8 at Page 81 in the Office of the Judge of Probate of Lee County, Alabama. Lots 1 – 41 contain 156 acres more or less.
Lots 14 through 26, inclusive, as shown on the Cedar Creek, Phase 1A Subdivision plat as recorded in plat book 26 at Page 68 in the Office of the Judge of Probate of Lee County, Alabama. Lots 14 to 26 contain 29.4 acres more or less
Lots 1 through 13, inclusive, as shown on the Cedar Creek, Phase 1C Subdivision plat as recorded in Plat Book 27 at Page 103 in the Office of the Judge of Probate of Lee County, Alabama. Lots 1 to 13 contain 19.5 acres more or less
Properties fronting along Sanders Creek Drive, Beverly Dr., Evans Dr., Highpoint Dr., portion of Morris Ave, Oak Bowery Road, and Whittelsey Ct.
Lots 1 through 20, inclusive, and Parcel A (62 acres) as shown on the Sanders Creek, Phase 1 Subdivision plat as recorded in Plat Book 1 at Page 146 in the Office of the Judge of Probate of Lee County, Alabama, less and except the following property of said Parcel A: Point of Beginning being the southeast corner of section 35, then run South 88 degrees 02 minutes 10 seconds for 357.2 feet; then run in a northwesterly direction 332 feet to the south right-of-way margin of Evans Drive;  then run in a northeasterly direction along the said south right-of-way margin of Evans Drive for 1,080 feet more or less to a point; then run South 63 degrees 16 minutes 09 seconds for 176.7 feet to a point; then run South 26 degrees 55 minutes 24 seconds for 83.6 feet to a point; then run South 01 degrees 4 1minutes 10 seconds for 556.3 feet to the Point of Beginning. Less and except property containing 5.1 acres more or less
Parcels D as shown on the Whittelsey Acres, 2nd Addition Subdivision plat (sheet 2) as recorded in Plat Book 11 at Pages 7 – 7.5 in the Office of the Judge of Probate of Lee County, Alabama, and include adjacent properties east of said Parcel D to the west right-of-way margin of Oak Bowery Road as shown on said Whittelsey Acres, 2nd Addition Subdivision plat (sheet 2). Parcels D and adjacent properties contains 28 acres more or less
Parcels 6A, 6B, 7A and 8A as shown on the “Wood Subdivision, First Revision” Subdivision plat as recorded in Plat Book 13 at Page 55 in the Office of the Judge of Probate of Lee County, Alabama. Lots contain 4.4 acres more or less
Lots 5B, 5C, 10A, 4A, 3A, 2A, 1A, and 11 as shown on the “Wood Subdivision, 2nd Revision” Subdivision plat as recorded in Plat Book 20 at  Page 20 in the Office of the Judge of Probate of Lee County, Alabama.  Lots contain 23.7 acres more or less
Lots 1, 2, and 3 as shown on the “Dene Bence” subdivision plat as recorded in Plat Book 20 at Page 52 in the Office of the Judge of Probate of Lee County, Alabama.  Lots contain 5.7 acres more or less
Lots 1 through 7, inclusive, as shown on the “Molina Woods” subdivision plat as recorded in Plat Book 8 at Page 194 in the Office of the Judge of Probate of Lee County, Alabama.
Lot 1 and then Lot 5 through 22, inclusive, as shown on the “High Point” Subdivision plat, as recorded in Plat Book 9 at Page 26 in the Office of the Judge of Probate of Lee County, Alabama.
Commence at the southwest corner of Section 36, Township 20 North, Range 26 East, run North 29 degrees 42 minutes East for 1,870.6 feet to a point on the east right-of-way margin of Oak Bowery Road; then run in a northerly direction along the said east margin of Oak Bowery Road 696 feet more or less to a point at the intersection of Oak Bowery Road and Morris Avenue; then run east along the south right-of-way margin of Morris Avenue 1,615 feet more or less to the Point of Beginning of the parcel herein described: then run in a southerly direction 741 feet more of less to a point; then run in a easterly direction 331 feet more or less to a point; then run in a northerly direction 756 feet more or less to a point on the south right-of-way margin of Morris Avenue; then run in a westerly direction along the said south right-of-way margin of Morris Avenue 326 feet more or less to the Point of Beginning. Parcel contains 5.6 acres. Address: 1309 Morris Avenue
Commence at the southwest corner of Section 36, Township 20 North, Range 26 East, run North 29 degrees 42 minutes East for 1,870.6 feet to a point on the east right-of-way margin of Oak Bowery Road; then run in a northerly direction along the said east margin of Oak Bowery Road 696 feet more or less to a point at the intersection of Oak Bowery Road and Morris Avenue; then run east along the south right-of-way margin of Morris Avenue 2,266 feet more or less to the Point of Beginning of the two parcels herein described: then run in a southerly direction 772 feet more of less to a point; then run in a easterly direction 601 feet more or less to a point; then run in a northerly direction 822 feet more or less to a point on the south right-of-way margin of Morris Avenue; then run in a westerly direction along the said south right-of-way margin of Morris Avenue 617 feet more or less to the Point of Beginning. The two parcels contain 11.1 acres. Address: 1301 Morris Avenue and 1303 Morris Avenue
From an R-4 District (Medium Density Residential District) to a R-2 District (Low Density Residential District) the parcels of land hereinafter described:
Properties in Stonybrook subdivision and Bent Creek subdivision
Lots 1 through 53, inclusive, as shown on the “Stonybrook Subdivision” Subdivision plat as recorded in Plat Book 26 at Page 8 in the Office of the Judge of Probate of Lee County, Alabama.
Lots 1 through 35, inclusive, as shown on the “Bent Creek Subdivision, Deer Run Section, Section 2” Subdivision plat as recorded in Plat Book 15 at Page 154 in the Office of the Judge of Probate of Lee County, Alabama.
Lots 1 through 16, inclusive, as shown on the “Bent Creek Subdivision, Deer Run Section” Subdivision plat as recorded in Plat Book 9 at Page 82 in the Office of the Judge of Probate of Lee County, Alabama.
Commencing at the northeast corner of Section 26, Township 19 North, Range 26 East, run South 3 degrees, 29 minutes East for 2,386 feet more or less to the Point of Beginning of the two parcels herein described:  then run in a southerly direction 356 feet more or less to a point; then run in a westerly direction 640 feet more or less to a point on the eastern right-of-way margin of Hamilton Road; then run along said easterly right-of-way margin of Hamilton road in a northerly direction for 339 feet to a point; then run in a easterly direction for 663 feet more or less to the Pont of Beginning. The two lots contain 5.1 acres more or less
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.
ADOPTED AND APPROVED this the 7th day of April, 2015.
/s/    C. E. “Eddie” Smith, Jr.
PRESIDENT OF THE CITY COUNCIL OF THE        CITY OF OPELIKA, ALABAMA
ATTEST:
/s/    R. G. Shuman
CITY CLERK
TRANSMITTED TO MAYOR on this the 8th day of April, 2015.
/s/    R. G. Shuman
CITY CLERK
ACTION BY MAYOR
APPROVED this the 8th day of April, 2015.
/s/    Gary Fuller            MAYOR
ATTEST:
/s/    R. G. Shuman
CITY CLERK
Legal run 4/10/15