ORDINANCE NO. 101-16

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ORDINANCE NO.  101-16

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.  Findings.  The City Council has determined and hereby finds and declares that the following facts are true and correct:

“(a)  Chapman H, LLC heretofore submitted to the City a Development Plan for a planned unit development (“PUD”) entitled “The Springs of Mill Lake” consisting of approximately 79.391 acres of land.

(b)  The proposed development is located in the following zoning districts:  R-3, GC (low density residential, gateway corridor district), R-5, GC (high density residential, gateway corridor district) and C-3, GC (general commercial, gateway corridor district).

(c)  The property described in section 3 below will be developed as a unified mixed residential development in two phases consisting of 139 single family residential lots, an amenities package and an independent/assisted living facility.

(d)  The amenities for the development will include a spacious clubhouse with multiuse facilities, a heated swimming pool adjacent to the clubhouse, outdoor fireplace and spacious grilling area on pool deck, pickle ball court, putting green, two mature lakes, lakeside green space and picnic areas, walking trails and a birdwatching area.

(e)  The project will be developed in two phases.  Phase One will be comprised of approximately 70 single family residences, the independent/assisted living facility and the amenities.  Phase Two will be comprised of the remainder of the single family residences.

(f)   The proposed development is located on the South side of U.S. Highway 280 (the Birmingham Highway) approximately 0.42 miles North of the intersection of U.S. Highway 280 with Pepperell Parkway.  The site includes approximately 0.41 miles of frontage on U.S. Highway 280.

(g)    The Planning Commission of the City of Opelika heretofore conducted a public hearing on the proposed Development and referred to the Council its recommendation to approve the proposed Development.

(h)   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 unified residential development.

Section 2.  Approval of the Development Plan.  The Development Plan is hereby submitted for review is hereby approved and confirmed as required by Section 8.18(n) of the Zoning Ordinance of the City.

Section 3.  Designation of Unified Planned Unit Development.  The official zoning map of the City is hereby amended and the zoning classification for the following parcel of land shall be changed from a R-3, GC district (low density residential, gateway corridor district), a R-5, GC district (high density residential, gateway corridor district) and a C-3, GC district (general commercial, gateway corridor district) to a planned unit development (“PUD”) on the Official Zoning Map:

All that tract or parcel of land lying and being in Section 14 and 15, T-19-N, R-26-E, Lee County, Alabama, and being more particularly described as follows:  Begin at a concrete monument marking the NW Corner of Section 14, T-19-N, R-26-E Lee County, Alabama and run along the Northline of Section 14 S 88° 13’ 27” E, 249.93 feet to a point on the southerly right-of-way of U.S. Highway 280’s 250 foot right-of-way; thence along the said southerly and southwesterly right-of-way of U.S. Highway 280 S 73° 55’ 58” E, 2178.91 feet; thence leaving said R.O.W. S 16° 27’ 00” W, 418.65 feet; thence S 50° 02’ 24” W, 1518.86 feet, thence N 30° 16’ 57” W, 445.44 feet;  thence S 82°50’ 02” W for 206.83 feet; thence S 82° 50’ 02” W for 700.08 feet; thence N 00° 51’ 17” W, 659.93 feet; thence N 32° 28’ 30” W, 1247.82 feet; thence N 89° 41’ 24” E, 329.71 feet; thence N 89°43’ 54” E, 413.73 feet to the Point of Beginning.

Section 4.  Retention of copies of the Development Plan.  Copies of the Development Plan shall be maintained in the offices 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 19th day of January, 2016.

/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 20th day of January, 2016.

/s/ R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 20th day of January, 2016.

/s/ Gary Fuller

MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

Legal run 1/22/16

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