ORDINANCE NO. 123-14 – 9/5

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ORDINANCE NO. 123-14

AN ORDINANCE TO AMEND THE TEXT OF THE ZONING

ORDINANCE AND THE 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, and the Zoning Map of the City of Opelika provided for and referred to therein, as previously amended and/or modified, be and the same is hereby amended by rezoning or redistricting the parcels of land hereinafter in these sections described, so as to change such parcels from one class of district to another class of district as follows, to-wit:

(a)  From an M-1 District (Industrial District) to a C-3 District (General Commercial District) the parcels of land hereinafter described:

Lot 5A as shown on the “King’s Nursery Airport Property, A Revision of Lot 5 and Part of Lots 3 and 4” subdivision plat as prepared by Jim McCrory a registered Alabama land surveyor No. 12493 and approved by the Opelika Planning Commission at the April 2006 Planning Commission meeting. Lot 5A containing 2.4 acres more or less. Address: 2211 & 2213 Airport Road

A single lot as shown on the “King’s Nursery Airport Property, a Revision of Part of Lot 2, 3, and 4, Block A” subdivision plat approved by the Opelika Planning Commission at the December 2004 Planning Commission meeting. Lot containing 1.09 acres more or less.  Address: 2201 & 2203 Airport Road

Lot 6B as shown on the “The Revision of Lot 6 Block A King’s Nursery Airport Property” subdivision plat as prepared by Keith Maxwell a registered Alabama land surveyor No. 17262 and approved by the Opelika Planning Commission at the April 1999 Planning Commission meeting. Lot 6B containing 4.38 acres more or less.  Address:  3206 Hi Pack Drive

Lot 6A as shown on the “The Revision of Lot 6 Block A King’s Nursery Airport Property” subdivision plat as prepared by Keith Maxwell a registered Alabama land surveyor No. 17262 and approved by the Opelika Planning Commission at the April 1999 Planning Commission meeting. Lot 6A containing 1.76 acres more or less. Property identified in warranty deed book 2369, page 260 in the Office of the Judge of Probate of Lee County.  Address:  3300 Hi Pack Drive

A 21,210 square foot lot more or less as described on the warranty deed recorded in Book 1255, Page 157 in the office of the Judge of Probate of Lee County. Address: 2105 Airport Road

Part of Lot 1, 2, 3, Block A of the Pepperell subdivision plat. The Point of Beginning is at the northeast corner of Lot 1 which is also on the south right-of-way margin of the Western Railway of Alabama; then run in a southwesterly direction 180.4 feet more or less to a point; then run in a southeasterly direction 95 feet more or less to a point; then run in a southwesterly direction 189.8 feet more or less to the east right-of-way margin of Airport Road; then run in a southeasterly direction 193 feet more or less; then run in a northeasterly direction 177.7 feet more or less; then run in a southeasterly direction 120 feet more or less; then run in a northeasterly direction 199 feet more or less to a point; then run in a northwesterly direction 341 feet more or less to the Point of Beginning. Property identified in deed book 1217, Page 86 in the office of the Judge of Probate of Lee County.  Property containing 2.46 acres more or less. Address: 2107 Airport Road

Tract 3 and Tract 4 as shown on the “Re-Subdivision of W.J. Hilyer Estate” subdivision plat as prepared by T.C. Chambers, surveyor, in October 1932. Tract 3 containing 19.4 acres more or less; Tract 4 containing 23.4 acres more or less. Tract 4 southern property line runs along the north margin of the Western Railway of Alabama right-of-way.  Address: 2001 Airport Road

Parcel 1, Parcel 2 less and except a 4.2 acre northern area of Parcel 2 that is located in a I-1 (Institutional zoning district), and Parcel 3 less and except a 8.9 acre northern area of Parcel 3 that is located in a I-1 (Institutional zoning district) as shown on the “Subdivision of the Property of WP Properties Opelika LLC” subdivision plat as prepared by B. Shawn Grey registered Alabama land surveyor No. 25217 and  approved by the Opelika Planning Commission at the October 2013 Planning Commission meeting. Parcel 1 containing 9.9 acres more or less; Parcel 2 as described herein containing 29.8 acres more or less. Parcel 3 as described herein containing 6.92 acres more or less. Address: 3009 Pepperell Parkway FLD1, FCL2

That portion of  Lot 1 located south of the Western Railway of Alabama right-of-way as shown on the “Subdivision of the Property of WP Properties Opelika LLC” subdivision plat as prepared by B. Shawn Grey registered Alabama land surveyor No. 25217 and  approved by the Opelika Planning Commission at the December 12, 2012 Planning Commission meeting. Lot 1 as described herein containing 64 acres more or less.

Commence at the north right-of-way margin of Hi Pack Drive and the east right-of-way margin of Airport Road then run in a northeasterly to easterly direction along the north right-of-way margin of Hi Pack Drive for 1,346 feet more or less to the Point of Beginning of the parcel herein described: then run in a northerly direction 955 feet to the south right-of-way margin of the Western Railway of Alabama; then run in a northeasterly direction along the said south right-of-way margin of the Western Railway of Alabama for 543 feet more or less to a point; then run in a south direction 1,077 feet to the north right-of-way margin of Hi Pack Drive; then run along the said  north right-of-way margin of Hi Pack Drive in a westerly direction 687 feet to the Point of Beginning. Parcel containing 13.75 acres more or less. Parcel identified in deed book 1823, page 75 in the Office of the Judge of Probate of Lee County

The Point of Beginning herein described is at the west right-of-way margin of Airport Road and the north right-of-way margin of the Western Railway of Alabama: then run in a southwesterly direction for 828 feet more or less to a point; then run in a north direction for 408 feet more or less to a point; then run in a northeasterly direction for 753 feet more or less to the west right-of-way margin of Airport Road; then run in a southerly direction along the said west right-of-way margin of Airport Road for 391 feet more or less to the Point of Beginning. Parcel containing 7 acres more or less. Address: 2006 Airport Road Property identified in deed book 2159, page 704 in the Office of the Judge of Probate of Lee County

Commence at the west right-of-way margin of Airport Road and the north right-of-way margin of the Western Railway of Alabama run in a northerly direction 391 feet more or less along the west margin of Airport Road right-of-way to the Point of Beginning: then run in a south westerly direction 760 feet more or less to a point; then run in a north direction for 295 feet more or less to a point; then run in a northwesterly direction 755 feet more or less to the west right-of-way margin of Airport Road; then run in a south direction for 290 feet more or less along the west margin right-of-way of Airport Road to the Point of Beginning. Parcel containing 4.85 acres more or less. Address: 2004 Airport Road

Commence at the west right-of-way margin of Airport Road and the north right-of-way margin of the Western Railway of Alabama then run in a southwesterly direction along the north right-of-way margin of the Western Railway of Alabama for 828 feet more or less to the Point of Beginning: then run in a southwesterly direction along the north right-of-way margin of the Western Railway of Alabama for 638 feet more or less to a point; then run in a northerly direction 835 feet more or less to a point; then run in a easterly direction 623 feet more or less to a point; then run in a southerly direction 651 feet more or less to the Point of Beginning. Parcel containing 10.6 acres more or less. Parcel identified in warranty deed book 2199, page 328 in the Office of the Judge of Probate of Lee County

(b)  From an M-1 District (Industrial District) to a C-2 District (Office/Retail District) the parcels of land hereinafter described:

That portion of Lot 1 located north of the Western Railway of Alabama right-of-way as shown on the “Subdivision of the Property of WP Properties Opelika LLC” subdivision plat as prepared by B. Shawn Grey registered Alabama land surveyor No. 25217 and approved by the Opelika Planning Commission at the December 12, 2012 Planning Commission meeting, less and except the following two parcel descriptions: (1)Commence at the south right-of-way margin of 2nd Avenue and the east right-of-way margin of 22nd Street intersection; then run in a southerly direction along the east right-of-way margin of 22nd Street for 180 feet more or less to a Point of Beginning: then run in a south to southwest direction along the curve on the east right-of-way margin of 22nd Street for 790 feet more or less to the north right-of-way of 1st Avenue; then run in an easterly direction along the north right-of-way margin of 1st Avenue for 717 feet more or less to the north right-of-way margin of 1st Avenue and west right-of-way margin of Gateway Drive (Highway 280); then run in a northerly direction along the west margin of Gateway Drive for 232 feet more or less to a point; then run in a westerly direction 536 feet more or less to the Point of Beginning. The described parcel herein is bordered by 22nd Street on the west side, First Avenue borders the parcel on the south side and Gateway Drive borders the parcel on the west side. (2)The Point of Beginning located at the west right-of-way margin of Gateway Drive (Highway 280) and the north right-of-way margin of  the Western Railway of Alabama: then run in a southwesterly direction along the north right-of-way margin of the Western Railway of Alabama for 358 feet more or less to a point; then run in a northwesterly  direction for 347 feet to the south margin of First Avenue; then run in a northeasterly direction 367 feet more or less to the west margin of Gateway Drive; then run in a southeasterly direction along the west right-of-way margin of Gateway Drive 347 feet more or less to the Point of Beginning. Parcel containing 2.9 acres more or less. The said Portion of Lot 1 described herein containing 47.6 acres more or less.

The Point of Beginning located at the west right-of-way of Cunningham Drive and the north right-of-way of the Western Railway of Alabama: then run in a southwesterly direction along the north margin of the Western Railway of Alabama right-of-way for 900 feet more or less to a point; then run in a northerly direction 1,550 feet  more or less to a point; then run in a southeasterly direction 1,230 feet more or less to the west margin of the Cunningham Drive right-of-way; then run in a southerly direction along the west margin of the Cunningham Drive right-of-way for 736 feet more or less to the Point of Beginning. Containing 22.73 acres more or less. Address: 1900 Cunningham Drive. Property identified in Warranty Deed Book 2280, Page 135 and in Statutory Warranty Deed Book 2406, Page 76 in the Office of the Judge of Probate of Lee County

(c)  From a C-3, GC-2 District (General Commercial, Gateway Overlay District) to a C-2, GC-2 District (Office/Retail, Gateway Corridor Overlay District) the parcels of land hereinafter described:

Lot 1, 2, 3, 4, 5, 6, 7, 8, in Block T as shown on the Pepperell Subdivision plat as approved by the Planning Commission at the November 3, 1958 Planning Commission meeting

Commence at the South right-of-way margin of 2nd Avenue and the east right-of-way margin of 22nd Street intersection run in a southerly direction along the east right-of-way margin of 22nd Street for 180 feet more or less to the Point of Beginning: then run in a southerly to southwesterly direction along the curve on the east right-of-way margin of 22nd Street for 790 feet more or less to the north right-of-way margin of 1st Avenue and the east right-of-way margin of 22nd Street; then run in an easterly to northeasterly direction along the north right-of-way margin of 1st Avenue for 717 feet more or less to west right-of-way margin of Gateway Drive (Highway 280); then run in a northerly direction along the west margin of Gateway Drive for 232 feet more or less to a point; then run in a westerly direction 536 feet more or less to the Point of Beginning. 22nd Street borders the parcel on the west side, First Avenue borders the parcel on the south side and Gateway Drive borders the parcel on the west side.  Said parcel is 3.52 acres. Parcel identified in statutory warranty deed book 2387, page 531 in the office of the Judge of Probate of Lee County

(d)  From an M-1, GC-2 District (Industrial, Gateway Corridor Overlay District) to a C-2, GC-2 District (Office/Retail, Gateway Corridor Overlay District) the parcel of land hereinafter described:

The Point of Beginning located at the west right-of-way margin of Gateway Drive (Highway 280) and the north right-of-way margin of  the Western Railway of Alabama: then run in a southwesterly direction along the north right-of-way margin of the Western Railway of Alabama for 358 feet more or less to a point; then run in a northwesterly  direction for 347 feet to the south right-of-way margin of First Avenue; then run in a northeasterly direction 367 feet more or less to the west right-of-way margin of Gateway Drive; then run in a southeasterly direction along the west right-of-way margin of Gateway Drive 347 feet more or less to the Point of Beginning. Parcel containing 2.9 acres more or less.

(e)  From a VC District (Village Commercial District) to an I-1 District (Institution District) the parcel of land hereinafter described:

Block I as shown on the Pepperell Subdivision plat as approved by the Planning Commission at the November 3, 1958 Planning Commission meeting. Parcel containing 46,000 square feet more or less. Property of former Post Office in Pepperell Mil Village. Address:  202, 204, 206 North 26th Street

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 2nd day of September, 2014.

/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 3rd day of September, 2014.

/s/ R. G. Shuman

________________

CITY CLERK

ACTION BY MAYOR

APPROVED this the 3rd day of September, 2014.

/s/ Gary Fuller

______________

MAYOR

ATTEST:

/s/ R. G. Shuman

________________

CITY CLERK

Legal run 9/5/14

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