ORDINANCE NO. 002-20
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 a 100 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 21st day of January, 2020.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ R. G. Shuman
CITY CLERK
TRANSMITTED TO MAYOR on this the 22nd day of January, 2020.
/s/ R. G. Shuman
CITY CLERK
ACTION BY MAYOR
APPROVED this the 22nd day of January, 2020.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ R. G. Shuman
CITY CLERK
Legal Run 01/22/2020
ORDINANCE NO. 002-20 ORDINANCE TO AMEND THE DEVELOPMENT PLAN FOR CANNON GATE PUD
