NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, October 17, 2017, 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 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 TO AMEND THE DEVELOPMENT PLAN FOR ACADEMY ESTATES 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) 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 No. 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 west of Veterans Parkway, east of Lee Scott Academy and north of Pepperell Parkway.
(c) In November 2014, the City Council approved an amendment to move property types into different locations.
(d) All of the property within Academy Estates PUD has been developed except for approximately 18.59 acres located north of the single-family development on Hampstead Lane.
(e) Kenneth Hood has heretofore submitted to the City a proposed amended Development Plan for the remaining undeveloped 18.59 acres of Academy Estates PUD.
(f) The proposed amended Development Plan provides for fifty-two (52) single-family lots. The current Development Plan as approved by the City Council provides for the construction of seventy-four (74) condominium units which are replaced in the amended Development Plan with single-family units. The proposed density of the undeveloped area in the amended Development Plan is 2.8 housing units per acre. The original Development Plan proposed 4.0 housing units per acre to be developed as condominiums.
(g) The Planning Commission of the City of Opelika heretofore conducted a public hearing on the proposed amended Development Plan.
(h) The Planning Commission recommended approval of the amended Development Plan for Academy Estates PUD.
(i) 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 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 13th day of September, 2017.
/s/ R. G. Shuman
CITY CLERK OF THE CITY OF OPELIKA, ALABAMA
Legal run 9/13/17