ORDINANCE NO. 018-19
AN ORDINANCE TO AMEND THE ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA
(FOX RUN DEVELOPMENT 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) Koul Properties, Inc., an Alabama corporation, (the “Company”) is the owner of record of that certain real property consisting of approximately 47.3 acres located on the east side of Fox Run Parkway.
(b) The Company heretofore submitted to the City a development plan for a planned unit development (“PUD”) entitled “Fox Run Development PUD” consisting of approximately 47.3 acres.
(c) The proposed development is a mixed use development divided primarily into four (4) sections. A future commercial section is located along Fox Run Parkway and is comprised of approximately 4.7 acres. The westernmost residential section is a townhome and is approximately 2.2 acres located inside the existing Pinehurst Apartments. The middle section is that includes 3.55 acres of open space. The easternmost residential section is a single-family detached house area that is approximately 23.61 acres that includes 7.2 acres of open space.
(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.
(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 mixed use planned unit 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.
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 District (Office District) to a Planned Unit Development (PUD) on
the official zoning map of the City. Commencing at the southeast corner of Section 5, T-19-N, R-27-E, in Opelika, Lee County, Alabama; thence North 2° 30’ 38” West, 1,251.1 feet to the TRUE POINT OF BEGINNING of the parcel of land herein described; thence South 86° 45’ 22” West 2,175.84 feet to the northeasterly right-of-way line of Fox Run Parkway (U.S. Highway 431); thence northwesterly along said right-of-way line, being a curve concave southwesterly, and having a radius of 5,809.58 feet, for 17.20 feet; thence North 29° 51’ 21” West 103.47 feet; thence North 41° 43’ 51” West 102.44 feet; thence North 54° 00’ 02” West 103.52 feet; thence Northwesterly along a curve concave southwesterly and having a radius of 5,809.58 feet, for 367.63 feet; thence leaving said right-of-way line North 1° 54’ 18” West 245.30 feet; thence South 65° 11’ 27” East, 22.35 feet; thence North 1° 56’ 29” West 79.05 feet; thence North 87° 01’ 52” East 1,129.62 feet; thence North 87° 06’49” East, 1,486.88 feet; thence South 1° 44’ 40” East 824.69 feet to the TRUE POINT OF BEGINNING.
The above-described property is located on the east side of Fox Run Parkway near Betts Shopping Center.
Section 4. RETENTION OF COPIES OF DEVELOPMENT PLAN. Copies of the 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.
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 6th day of August, 2019.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE
CITY OF OPELIKA, ALABAMA
ATTEST:/s/ R. G. Shuman
TRANSMITTED TO MAYOR on this the 7th day of August, 2019.
/s/ R. G. Shuman CITY CLERK
ACTION BY MAYOR
APPROVED this the 7th day of August, 2019.
/s/ Gary Fuller MAYOR
/s/ R. G. Shuman
Legal Run 08/07/19
ORDINANCE NO. 018-19