Ordinance No. 118-14 – 7/4

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ORDINANCE NO. 118-14

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.  Amendment.  That Ordinance 124-91 entitled “Zoning Ordinance of the City of Opelika, Alabama”, adopted on September 17, 1991, as amended, is further amended in the following respect:

(a)  That Section 7.6, as amended, is further amended in the following respects:

Section 7.6 Gateway Corridor Overlay District

This section authorizes the establishment of Gateway Corridor Overlay Districts. The intent of this section is to specify those areas that serve as a primary means of entry into Opelika and name those areas the Gateway Corridor Overlay District.  The district is designated to be an overlay appended to residential, commercial, industrial or any other districts.  The Gateway Overlay District is similar to airport hazard areas (Section 7.4) and the Flood Plain Overlay District (see Section 7.5) in that additional regulation will apply and supersede the underlying district regulations.  In other words, a Gateway Overlay District can be placed on top of any of the City’s existing zoning districts creating an overlap in the zoning along a specified length of roadway desired to be regulated.  Any proposed development, then, would have to meet the zoning requirements of both the existing zone and the Gateway Overlay district.  The Gateway Corridor Overlay District may include roadway corridors and their adjacent development located in several use districts.  Uses typically include retail, wholesale, motel, recreation, office, fast-food establishments, and similar uses.  This district is characterized by special design controls enforced to prevent incompatible uses and to maintain an attractive “gateway” or entrance into Opelika.  The design of these corridors and their major elements shall reflect the identity and image of the entire City of Opelika.

The Gateway Corridor Overlay District is designated as shown on the official City of Opelika Zoning Map.  Hereafter, the following road segments shall be referred to as the “Gateway Corridors” and designated as such on the zoning map:

1.  Lafayette Parkway (Highway 431) – from Cusseta Road to Lee Road 172 – north area

The point of beginning herein described is at the intersection of Lafayette Parkway (Highway 431) and Cusseta Road: then run in a northwesterly direction on Lafayette Parkway 12,030 feet to the Lee County-Chambers County boundary line. The boundary depth of the Gateway Corridor District along Lafayette Parkway shall be 600 feet measured from the centerline of Lafayette Parkway.

2.  Lake Condy Road – from Lafayette Parkway to Andrews Road

The point of beginning herein described is at the intersection of Lake Condy Road and Lafayette Parkway (Highway 431): then run in an easterly direction on Lake Condy Road 1,800 feet to the intersection of Lake Condy Road and Andrews Road. The boundary depth of the Gateway Corridor District along Lake Condy Road shall be 600 feet measured from the centerline of Lake Condy Road.

3.  Andrews Road – from Lake Condy Road to West Point Parkway (Highway 29) – northeast area

The point of beginning herein described is at the intersection of Lake Condy Road and Andrews Road: then run in a northeasterly direction on Andrews Road 21,038 feet to Interchange 66 on Interstate 85; then run in a southeasterly direction on Andrews Road 6,126 feet to the intersection of Andrews Road and West Point Parkway (Highway 29). The boundary depth of the Gateway Corridor District along Andrews Road shall be 600 feet measured from the centerline of Andrews Road.

4.  West Point Parkway (Highway 29) – From North Uniroyal Road to Andrews Road – northeast area

The point of beginning herein described is at the intersection of North Uniroyal Road & West Point Parkway: then run in a northeasterly direction on West Point Parkway (Highway 29) 12,356 feet to the intersection of Andrews Road and West Point Parkway. The boundary depth of the Gateway Corridor District along West Point Parkway shall be 600 feet measured from the centerline of West Point Parkway.

5.  Columbus Parkway (Highway 280 East) – from the 2700 block of Columbus Parkway to Lee Road 158 – east area

Commence at the intersection of North Uniroyal Road and Columbus Parkway run in an easterly direction on Columbus Parkway 5,206 feet to the Point of Beginning: then run in an easterly direction along Columbus Parkway 11,703 feet to a point. The boundary depth of the Gateway Corridor District along Columbus Parkway shall be 600 feet measured from the centerline of Columbus Parkway.

6.  Society Hill Road – from Gateway Drive to the Opelika City Limits

The point of beginning herein described is at the intersection Society Hill Road and Gateway Drive:  then run in a southerly direction on Society Hill Road 1,580 feet to the Opelika City Limits. The boundary depth of the Gateway Corridor District along Society Hill Road shall be 600 feet measured from the centerline of Society Hill Road.

7.   Frederick Road – from Gateway Drive to the 2500 block of Frederick Road – south area

The point of beginning herein described is at the intersection Gateway Drive and Frederick Road:  then run in a westerly direction on Frederick Road 2,329 feet to the 2500 block of Fredrick Road. The boundary depth of the Gateway Corridor District along Frederick Road shall be 600 feet measured from the centerline of Frederick Road.

8.  Gateway Drive – from Frederick Road to Interstate Drive – south area

The point of beginning herein described is at the intersection Gateway Drive and Frederick Road:  then run in a southerly direction on Gateway Drive 1,740 feet to the intersection of Interstate Drive and Gateway Drive. The boundary depth of the Gateway Corridor District along Gateway Drive shall be 600 feet measured from the centerline of Gateway Drive.

9.  Highway 280 West – from west of Lee Road 072 to Veterans Parkway

Commence at the intersection of Highway 280 West and Lee Road 072 run in a westerly direction on Highway 280 West 1,589 feet to the Point of Beginning: then run in an easterly direction along Highway 280 West 15,676 feet to the intersection of Highway 280 West and Veterans Parkway. The boundary depth of the Gateway Corridor District along Highway 280 West shall be 600 feet measured from the centerline of Highway 280 West.

10. Second Avenue—from intersection of East Thomason Circle and Pepperell Parkway to intersection of Plum Avenue and Second Avenue.  The boundaries of Second Avenue are further described as follows:

Commencing at the intersection of East Thomason Circle and Pepperell Parkway thence run east along the north margin of Pepperell Parkway for 1,103 feet, more or less, to the POINT of BEGINNING; thence from the point of beginning run in a northerly direction for 318 feet, more or less, to a point; thence run in a easterly direction 1,286 feet, more or less, to a point; thence run in a easterly direction 120 feet, more or less, to a point which is the west margin of Pleasant Drive; thence run in a northeasterly direction 131 feet, more or less, to the east margin of Pleasant Drive; thence run in a easterly direction 109 feet, more or less, to a point; thence run in a southeasterly direction169 feet, more or less, to the centerline of 3rd Avenue; thence run in a northeasterly direction 2,579 to the centerline of Simmons Street; thence run in a northeasterly direction 2,505 feet, more or less, to a point; thence run in a northwesterly direction 57 feet, more or less, to a point; thence run in a northeasterly direction 201 feet, more less, which is the west margin of North 10 Street; thence run in a southeasterly direction 68 feet, more or less, to the east margin of North 10th Street; thence run in a northeasterly direction 399 feet, more or less, to the west margin of No 9th Street; thence run in a southeasterly direction 64 feet, more or less, to the east margin on North 9th Street; thence run in a northeasterly direction 868 feet, more or less, to the west margin of North 7th Street; thence run in a northwesterly direction 65 feet to the east margin of North 7th Street; thence run in a northeasterly direction 97 feet, more or less, to a point; thence run in a southeasterly direction 26 feet, more or less, to a point; thence run in a northeasterly direction 1,736 feet, more or less, to the east margin of North 3`d Street; thence run in a northwesterly direction 240 feet, more or less, to the southeast intersection of North 3rd Street & 3rd Avenue; thence run in a northeasterly direction along the south margin of 3rd Avenue for 625 feet, more or less, to a point; thence run in a southeasterly direction 545 feet, more or less, to a point; thence run in a southerly direction 126 feet, more or less, to the north margin of Jeter Avenue; thence run in a southwesterly direction 54 feet, more or less, to the south margin of Jeter Avenue; thence run in a southerly direction 150 feet, more or less, to a point; thence run in a easterly direction 100 feet, more or less, to a point; thence run in a southerly direction 39 feet, more or less, to a point; thence run in a easterly direction 141 feet, more or less, to a point; thence run in a southerly direction 268 feet to the north margin of Brannon Avenue; thence run in a westerly direction along the north margin of Brannon Avenue for 448 feet, more or less to the northeast intersection of Brannon Avenue & South Railroad Avenue; thence run in a southwesterly direction for 248 feet, more or less, to the north margin of Edge Court; thence run in a northwesterly direction for 71 feet, more or less, to a point; thence run in a southwesterly direction 4,932 feet, more or less, to the west margin of North 14th Street; thence run in a southeasterly direction 222 feet, more or less, to the north margin of First Avenue; thence run in a southwesterly direction along the north margin of First Avenue for 3,147 feet, more or less, to the west margin of 17th Street; thence run in a northwesterly direction along the west margin of 17th Street to the south margin of 2nd Avenue; thence run in a southwesterly direction 855 feet, more or less, to the west margin of 18th Street; thence run in westerly direction along the south margin of 2nd Avenue for 1,224 feet, more or less, to the dead end of the 2nd Avenue right-of-way; thence run in a southerly direction 521 feet, more or less, to a point; thence run in a northerly direction 1,045 feet, more or less, to the point of beginning.

The boundary depth of the Gateway Corridor Overlay District shall be 600 feet measured from the street centerline of the designated Corridor except for a portion of Second Avenue.  The boundary depth for the Second Avenue Gateway Corridor is as described above.  If any portion of a lot is located within the Gateway Corridor Overlay District then the entire lot is considered within the district.

Except as provided herein (for example, above description of boundaries of Second Avenue Corridor) the Gateway Corridor Overlay District regulations shall apply to any land parcel within the corporate limits of the municipality when a portion of said parcel falls within 600 feet of the centerline of the Gateway Corridor.

The Gateway Corridors are subject to the “GC” district regulations in the matrix table in Section 7.3A. The Gateway Corridor Overlay District is supplemental to the underlying zoning district classifications.  The Gateway Corridor Overlay District shall be imposed in addition to said underlying zoning regulations.  In any case where the standards and requirements of the Gateway Corridor Overlay District conflict with those of the underlying zoning district, the standards and requirements of the Gateway Corridor Overlay District shall govern.

The Gateway Corridor Overlay District regulations shall not apply to platted subdivision lots for new single family detached dwellings and existing single family detached dwellings.

The Board of Zoning Adjustment may grant exceptions from the requirements of the regulations when due to the location, size and shape of the property, development of the parcel under its current zoning and in conformity with the requirements of the Gateway Corridor Overlay District would present a substantial and unique hardship.

Except as provided herein, the Overlay District regulations shall apply to any land parcel within the municipality when a portion of said parcel falls within 600 feet of the Gateway Corridors.

References in the Zoning Ordinance to Gateway Corridor 1 District (GC-1) and Gateway Corridor 2 District (GC-2) are deleted, repealed and eliminated and replaced by the Gateway Corridor Overlay District (GC).  Whenever in the Zoning Ordinance reference is made to Gateway Corridor 1 District (GC-1) and/or Gateway Corridor 2 District (GC-2), or any like form, the same shall be construed to refer to the Gateway Corridor District (GC).

(b)  That the District Regulations in the matrix tables in Section 7.3A shall be revised by deleting, repealing and eliminating references to GC-1 and GC-2 and substituting a new category entitled “GC (Gateway Corridor) for such districts as follows:

 

AREA REQUIREMENTS DISTRICTS

GC 5-10 Minimum Lot Size 20,000 Dwelling Units Per Acre Minimum Lot Width (ft.) 100

Front Yard Setback (ft.) 407

Rear Yard Setback (ft.) 207

Side Yard Setback (ft.) 207

Maximum Building Area({44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0})

Max. Impervious Surface Area({44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0})  70

Max. Building Height (ft.) 75

Maximum Height of Signs 30

Minimum Livable Floor Area 800

Single Family

 

RESIDENTIAL

Single-Family A

Duplex C

Apartments C

Townhouse/Condominiums C

Patio Houses C

Mobile Home N

Mobile Home Park & Subdivision N

 

Houses for Handicapped or Infirmed

Child Care Homes C

Group Homes C

Domiciliary C

 

Miscellaneous Rooms for Rent C

Rooming House, Boarding House C

Tourists Home, Bed & Breakfast Inn C

Hotel, Motels and Similar Businesses C

Recreational Vehicle Park C

Temporary Emergency, Construction

and Repair Residences C

 

COMMERCIAL

No Storage & Display of Goods Outside

Fully enclosed Building

Less than 100,000 Square Feet GLA A

More than 100,000 Square Feet GLA C

Adult Businesses N

Package Liquor Store N

Body Art (Tattoo & Piercing) N

Storage and Display of Goods Outside

Fully Enclosed Building Allowed

Automobile Sales C

Mobile Home Sales N

Truck and Tractor Sales C

Truck Stop N

Square Feet GLA C

All Other More Than 100,000

Square Feet GLA C

 

Offices, Clinical, Research and

Services Not Primarily Related To

Goods or Merchandise

Operation Designed to Attract and

Serve Customer or Clients on Premises

Such as Office of Attorney, Physicians,

Other Professions, Insurance and Stock

Brokers, Government Building, etc. A

Offices of Physicians or Dentist A

Banks A

Banks with Drive-In Windows A

 

Office of Contractor

With Equipment and Material Yard N

Without Equipment and Material Yard C

 

Automobile Related

Automobile Maintenance Establishment C

Automobile Repair N

Automobile Service Station C

Convenience Store with

Gas Station/Automatic Car Wash C

 

Manufacturing, Processing, Creating

Repairing, Renovating, Painting, Clearing

Assembling of Goods, Merchandise and Equipment

All Operations Conducted Within

Fully Enclosed Building C

Operations Conducted Within or Outside

Fully Enclosed Building C

Social, Fraternal clubs and Lodges and

Union Halls and Similar Uses C

Bowling Alleys and Skating Rinks C

Indoor Fitness Center C

Indoor/Outdoor Fitness Center C

Billiard and Pool Halls C

Movie Theater C

 

Activity conducted Primarily Outside

Enclosed Buildings or Structure

Private Owned Outdoor Recreational

Facilities such as Golf and Country

Clubs, Swimming or Tennis Clubs, etc. C

Golf Driving Range, Miniature golf,

Skateboard Park, Bicycle Race Tracts C

Horse Back riding Stables N

Automobile or Motorcycle Racing Tracts N

Commercial Recreational Fishing N

 

Day Care Center C

 

Restaurants C

Lounge (Also called bar/nightclub) C

 

Car Wash

Self-Service, unattended, open bay N

 

Storage:  Storage of goods not related

To sale of use of those goods on the

Same lot where they are stored.

All storage within completely

Enclosed structures C

Storage inside or outside

Completely enclosed structure N

Mini warehouse N

Scrap Materials, Salvage Yard,

Junkyard, Automobile Graveyard N

 

Services and Enterprises Related to Animals

Veterinarian C

Kennel N

 

Agricultural, Mining, Quarrying Operation

Agricultural Operations

With Livestock C

Excluding Livestock N

Mining or Quarrying, including

On-site sale of products C

 

Miscellaneous Public and Semi-Public Facilities

Post Office C

Airport C

Sanitary Land Fill N

Military Reserve or

National Guard Center N

 

Dry Cleaner C

 

Laundromat N

 

Open Air Markets

Farm and Craft Market N

Produce Market N

Flea Market N

Horticulture Sales w/Outdoor Display N

 

Funeral Home C

 

Cemetery N

Mausoleum, Crematoium, Colmbarium

 

Bus Station C

 

Commercial Greenhouse Operations

No on-premise sales N

On-premise sales permitted N

 

Medical Related

Medical or Dental Clinic C

Pharmacies C

Medical Research Laboratories C

Retail Medical Supply C

 

 

NOTES:

1. Area requirements will be applied for each conditional use for uses such as townhouses, patio homes, garden homes, or any other use requiring conditional approval by the Planning Commission.

2. The placement of a single family residence should be in context with the scale and character of the existing neighborhood.

3. Maximum dwelling units allowed is to be determined as a factor of lot sizes, fractional number of units allowed per acre, lot coverage allowed, and building height limitations.

4. Densities may be increased by the Planning Commission through conditional use review by a maximum of 25{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0}.

5. For residential development in commercial districts area requirements of R-5 shall apply.  However, the Planning Commission may require greater conditions where deemed necessary in its review.

6. GC Overlay district, Lighting Requirements:  Light or glare from any operation and all lighting for parking areas or for the external illumination of buildings or for the external illumination of buildings or grounds shall be directed or located in a manner such that direct or indirect illumination from the source of light shall not exceed one foot-candle measured from any property line adjoining a residential zoning district.  Outside lights for nonresidential properties/uses must be made up of a light source and reflector so that acting together the light beam is controlled and not directed across an adjacent property.  It is the intent of this provision to prevent light from spilling over to adjacent properties in amount that can created negative impacts.  Lighting plans shall be reviewed and approved by the Planning Commission (see Section 7.6 B.2.15).  The Planning commission requires that appropriate lighting in accordance with the latest recommendations of the Illuminating Engineering Society (IES) guidelines be followed.  It is recommended that for lighting parking areas, the developer use a vertical burn, super metal halide, forward projection fixture using cut-off type housing, i.e. shoe box type housing.  In addition, it is recommended that the poles be made of metal and of a platinum color to lessen their visibility during the day and that, the heights of the poles not exceed 25 feet.

7. GC Overlay District, Setbacks.  The setback requirements may be varied by the Planning Commission as part of development plan approval (see Section 7.6); if an alternative access, roadway/driveway is provided/available so that access is not taken directly from the designated corridor.  It is recommended that access be provided via a perpendicular access road in order to protect the integrity of the subject corridor.

8. GC Overlay District, off street Parking Landscape requirements.  In addition to requirements set forth in Section X, Landscape Regulations of the Opelika Zoning Ordinance, the following buffer and landscape requirements apply.   A 6 foot parking lot buffer shall be planted between the property line and edge of parking lot (asphalt) consisting of medium and understory trees, and shrubbery as listed in Section 10.6 D.2.b of the Landscape Regulations.  Off street parking lots, fronting on a public right-of-way shall provide a 15 foot wide planting area between the property line and edge of parking lot.  The planting area shall consist of plants as listed in Section 10.6, D.2.b of the Landscape Regulations.  Off street parking lots with 25 parking spaces or more shall designate parking lot islands and/or peninsulas as planting areas.  The planting areas shall be located to divide and break up expanses of parking stalls, and the size of each planting area shall be sufficient to accommodate growth of trees and shrubs.  Each planting area shall consist of at least 1 canopy tree or 1 medium tree with each consecutive planting area alternating these types of trees.  The remaining planted area shall be planted to capacity with shrubs or other approved plantings.  Landscape plans shall be approved by Planning Department.  If these Gateway Corridor requirements and Landscape coincide or overlap, the most restrictive regulation shall take precedence.

9. GC Overlay District:  All utility meters, ground-mounted air conditioning and similar mechanical units shall be screened so as not to be visible beyond the boundaries of the site.  Plans must be approved by relevant utility company for safety.

10. For new construction in the GC Overlay District:  Fifty percent (50{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0}) or more of the surface area of the façade to be used on new buildings shall be natural in appearance.  Preference is given to materials such as wood, brick, stucco or glass.  Second choice of materials includes other siding that simulates natural materials.  A statement shall be submitted to the Planning Department and Building Official for review.   The use of simulated exterior materials must have Planning Commission approval. A natural material or approved simulated exterior material shall cover the wall(s) of a building(s) facing all public rights-of-way.  The side or rear of a building visible to a gateway roadway shall be reviewed by the Planning commission to determine the extent of utilizing the natural material or approved simulated exterior material.  Trims, building details, dumpster gates, etc. may be made of a man-made material with Planning Commission approval.

Except as specifically amended or changed herein, all other district regulations as shown in the matrix table shall remain in full force and effect.

Section 2.  Repeal of Conflicting Ordinances.   Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.

Section 3.  Effective Date.  This Ordinance shall become effective upon its adoption, approval and publication as required by law.

Section 4.  Publication.  This Ordinance shall be published in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.

ADOPTED AND APPROVED this the 1st day of July, 2014.

/s/ David Canon

PRESIDING OFFICER OF THE CITY COUNCIL

CITY OF OPELIKA, ALABAMA

ATTEST:

R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 2nd day of July, 2014.

/s/ R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 2nd day of July, 2014.

/s/ Gary Fuller

MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

Legal run 7/4/14

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