ORDINANCE TO AMEND THE DEVELOPMENT PLAN
FOR TOWNE LAKE SUBDIVISION PUD
BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”) as follows:
FINDINGS. The City Council has determined and hereby finds and declares that the following facts are true and correct:
(a) W.S. Newell & Sons heretofore submitted to the City a Development Plan for a planned unit development (“PUD”) entitled “Towne Lake Subdivision PUD” consisting of approximately 170.658 acres.
(b) Pursuant to Ordinance No. 100-00, the City Council approved said Development Plan for Towne Lake Subdivision PUD and amended the Official Zoning Map of the City to designate the zoning classification of Planned Unit Development (“PUD”) for approximately 170.658 acres located north of U.S. Highway No. 280 & 431 (Columbus Parkway), west of North Uniroyal Road and east of Interstate Highway No. 85.
(c) Broadview Properties has heretofore submitted to the City a proposed amended Development Plan for the approximately 19.1 undeveloped acres of Towne Lake Subdivision PUD.
(e) The proposed amended Development Plan provides for replacing the patio homes and apartments with 128 single-family homes and removing the walking/jogging trail as shown on the 2000 Master Plan. The proposed amendment from patio homes and apartments to single-family homes decreases the density from 5.86 dwelling units per acre to 2.38 dwelling units per acre.
(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 Towne Lake Subdivision PUD.
(h) It is advisable and in interest of the City and the public interest that the amended Development Plan be approved.
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.
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.
Repealer. That any ordinance or part thereof in conflict with the provisions of this Ordinance be and the same are hereby repealed.
Effective Date. This Ordinance shall become effective upon its adoption, approval and publication as required by law.
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 21st day of November, 2017. /s/
PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
/s/R. G. Shuman
TRANSMITTED TO MAYOR on this the 22nd day of November, 2017.
/s/R. G. Shuman CITY CLERK
ACTION BY MAYOR
APPROVED this the 22nd day of November, 2017. /s/
Gary Fuller MAYOR
/s/R. G. Shuman
Legal run 11/22/17